Country: Burundi Burundi Truth and Reconciliation Commission 2014 (4 year mandate extendable for 1 year) An independent commission set up by the State to investigate and establish the truth about the serious Human Rights violations committed from 1962 to 2008. The killings to be investigated include mass killings, torture leading to death, enforced disappearances, death in custody, political assassinations. Time frame of violations: 1962-2008 Background 1. Legal basis Act 1/18 of May 2014 2. Terms of Reference As part of a negotiated settlement after years of civil unrest. The TRC will have four years to establish the truth about the mass crimes that have overshadowed the country since independence in 1962 until 2008 (date of the Arusha peace agreement), establish personal and collective responsibilities, identify and map mass graves, propose a reparations program and promote forgiveness and reconciliation. 3. Applicable law 1) Arusha peace process, Act No 1/18 of May 15th 2014;
2) Criminal Procedure Code of April 3rd 2013 and the 3) Penal Code of April 22nd 2009. Commission of Enquiry (CoI) General 1. Powers of CoI The commission will have the power to investigate by interrogating any person with relevant information regardless of rank or position. The commission also has the right to unfettered access to All relevant documents and any attempt to conceal or destroy said documents, is punishable by disciplinary or penal sanctions. The commission can order immediate compensation where the circumstances and resources permit. The commission has the power to subpoena any document, or testimony from any person. 2. Independence The wording of the mandate seems to indicate a certain level of independence, that is yet to be seen. 3. Impartiality The wording of the mandate seems to indicate a level of impartiality. 4. Transparency The report, once finalised, is to be made public in its entirety. 5. Invocation of ubuntu/related concept
no mention thereof. 6. Gender mainstreaming Although no program has been established and no measures have focused on the abuses suffered by women, the government argues that some form of collective reparations is currently being developed through the construction of schools and hospitals. This is in line with the recognition of the disproportionate amount of violence that women suffered during the period of unrest. 7. Interrelationship with other accountability mechanisms The international community has played an integral role in transitional justice, brokering negotiations, uncovering human rights violations and offering advice on international legal and transitional justice issues. The African Union deployed the African Union Mission in Burundi or AMIB in 2003 to assist in a peace agreement between parties. The mission remained in Burundi for a year until it was replaced by the UN s United Nations Operation in Burundi (ONUB). The UN was also instrumental in transitional negotiations after the signing of the Arusha Accords and in establishing the joint UN, Burundi government, and civil society steering committee for the National Consultations on Transitional Justice. 8. International representation No international representation among the commissioners. The TRC will be supported by the International Advisory Council whose task is to advise the TRC, make recommendations and help create relationships between the commission and the International community. 9. Adequate staffing Commissioners will be supported by a technical staff and provincial offices. The law also provides for the establishment of an International Advisory Council. Process 1. Standard of proof no mention thereof in the mandate.
2. Method of case selection The law ruled that the TRC is concerned only with the most serious violations. It is unlikely that the TRC engages a team of investigators and significant resources on the isolated complaint of a person. The main criteria for case selection are that the violations must have been systematic, and/or very grave. These requirements are neither exclusive nor restrictive. 3. Data collection the commission has not completed it's work, this information is currently unavailable. 4. Witness participation and protection To ensure the protection of the witnesses, the hearings and testimonies may be kept confidential. All testimonies/hearings of witnesses under the age of 18 must be kept confidential and held in camera. The protection of witnesses and victims is provided for by the law which states that a protection unit and a protection program will be set up by the commission for the witnesses and their families. 5. Special protection and participation measures To promote participation, the law requires that the Commission employs full time staff responsible for the protection and assistance of victims and witnesses, and offers support to the vulnerable (traumatized persons, elderly, children, victims of sexual violence). 6. Financial resources The commission has a State allocated budget of 1.440.619.266 Burundian francs. 7. Location of hearings The commission s HQ will be in Bujumbura, but it will have an office in each province of the country. Findings 1. Norms relied on (re legitimate killing)
no information available 2. Challenges Insufficient budget. The boycott of the opposition The current climate after President Nkurunziza was elected for a 3rd term plunging the country into yet another political turmoil, making it more and more unlikely that the commission will ever start its work. 3. Findings No findings made yet. 4. Recommendations No recommendations have been offered yet. 5. Politics of memory 51 Monuments commemorating key sites of Burundi s conflict, like Gitega where a group of Tutsi students were burned alive, have already been erected, but not as a direct response to the results of this Commission. 6. Incorporation of local justice mechanisms more information to follow Report 1. Availability There is no report yet, as the commission has not concluded its work. 2. Impact
The commission is yet to complete its work. Implementation and consequences 1. Institutional framework for implementation The commission has not yet completed its work. 2. Fulfilment of Mandate The work of the Commission is not yet complete. 3. Government response There is no report yet, as the commission has not completed its work. 4. Civil society response more information to follow. 5. CSO galvanisation more information to follow