Burundi, a difficult reconciliation in a tense security climate

February 1, 2012

central Africa, Article, Good governance, Burundi, Human rights, Fight against impunity, Reconciliation

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“Vice president of the Observatory for the fight against corruption and economic embezzlement (OLUCOME] almost three years ago. Under these conditions, it is indeed difficult to think of the establishment of a transparent and honest TRC. C This is why the Justice and P Commission…”

Between the last two elections of 2005 and 2010, the Burundian population nourished the hope of peace finally found. Indeed, since 2005, ethnic conflicts were being overcome; many of those who had fled the country abroad had returned to their homeland; governing bodies enjoyed increased trust from citizens; a democracy based on the multiparty system was taking root; political parties of all stripes were more recognized; and freedom of expression was becoming more and more respected. In short, the country was on the right track, the path to reconstruction and reconciliation.

Hope of peace finally found… Between the last two elections of 2005 and 2010, the Burundian population nourished the hope of peace finally found. Indeed, since 2005, ethnic conflicts were being overcome; many of those who had fled the country abroad had returned to their homeland; governing bodies enjoyed increased trust from citizens; a democracy based on the multiparty system was taking root; political parties of all stripes were more recognized; and freedom of expression was becoming more and more respected. In short, the country was on the right track, the path to reconstruction and reconciliation. …But since the 2010 elections the situation has deteriorated After the first stage of the 2010 electoral process (communal vote), the vast majority of opposition political parties withdrew from the race, arguing that the elections were characterized by massive fraud. From then on, they pushed their supporters to boycott the next elections (presidential, legislative, senatorial, hill), thus opening the way to power for the National Council for the Defense of Democracy – Forces for the Defense of Democracy (CNDD-FDD) . Since then, the CNDD-FDD has largely dominated the Burundian political landscape and tensions with political exiles have resumed. Several political assassinations have taken place, the most gruesome being the September 2011 massacre of 39 people in a bar in Gatumba, about 15 km west of the capital, near the Congolese border. No group has claimed responsibility for this massacre but the government claims that the FNL (National Liberation Forces), the main opposition party, was behind it. For their part, opponents accuse the government of having orchestrated this massacre to justify a hardening of relations with the opposition. We should also mention the arrest on January 11, 2012, on the orders of the Burundian government, of the opponent Alexis Sinduhije upon his arrival in Dar-es-salaam in Tanzania. He was released two weeks later and expelled to Kampala, suspected by the government of preparing an armed rebellion following his withdrawal from the electoral process in 2010. Finally, let us cite the latest report by United Nations experts on the Democratic Republic of Congo (DRC) which claims that the FNL, led by Agathon Rwasa, is also organizing a rebellion REPUBLIC OF THE CONGO' Final report of the group of experts on DRC submitted in accordance with paragraph 5 of security Council Resolution 1952, New York]]. However, Mr. Rwasa, in his correspondence with the Special Representative of the Secretary General of the United Nations, promptly denied these assertions [[December 2011, Agathon Rwasa, Denial of the report of the UN experts of 2/12/2012 http://www .arib.info/Rwasa-dement-rapport-expets-ONU-02122011.pdf]]. In addition to these notable facts, note that several human rights defenders and journalists are frequently arrested for questioning and sometimes even put in prison. The most recent case is the arrest on February 7, 2012 of human rights defender Faustin Ndikumana, president of Parole et Action pour le Réveil des Consciences et l'Evolution des Mentalités (PARCEM), imprisoned for having suggested that the Ministry of justice was tainted by corruption. The political and security situation has therefore deteriorated significantly in Burundi since the 2010 elections. From now on, doubt hangs over the future of the country. While the population refuses to speak about a painful past, for fear of being arrested, they fear plunging back into a new war. Indeed, the language of politicians who, on the one hand push for violence and, on the other hand sing of victory before the war, sows fear among the population. Obviously, the chances of seeing the current leaders and opposition leaders, most of them in exile, sitting around the same table have diminished. The difficult establishment of the Truth and Reconciliation Commission Faced with this situation, voices are raised daily to invite the main Burundian politicians to learn lessons from the past and to think about a peaceful end to the crisis. Since the signing of the Arusha Accords in 2000, it is planned to set up a Truth and Reconciliation Commission (TRC) which should allow reconciliation between all the former belligerents in Burundian society. Since the last elections, several Burundian civil society organizations as well as the international community have asked the newly elected government to make this a priority. The government is in favor of it but the main disagreement slowing down its implementation comes from the composition of the commission. Burundian civil society, supported by the international community, would like a mixed commission, that is to say with foreigners, which according to it could help to guarantee a certain neutrality. The government has always remained opposed to this proposal. The technical committee responsible for setting up the commission released its report in October 2011 and “specifies that although the commissioners are all of Burundian nationality, they will benefit from the support of a Council of senior international personalities” [[October 2011 , Report of the Technical Committee responsible for preparing the establishment of transitional justice mechanisms, Bujumbura http://www.arib.info/Burundi-CVR-ComissionTechnique-RAPPORT-FINAL.pdf ]]. More generally, this report provides recommendations to the government and parliament regarding the composition, selection criteria and method of designating members of the TRC. The mission of the TRC will be to carry out investigations into human rights violations committed since independence in 1962 until today. This involves first qualifying the acts committed, then publishing a list of victims and alleged perpetrators, but also a list of victims who have granted forgiveness. Finally, after all this process, a national reconciliation program and a rewriting of the country's history is planned thanks, among other things, to the contributions of the TRC. But given the security situation in the country, this is a very delicate mission today. Indeed, political assassinations are increasing and some veterans are not yet disarmed, always ready to return to the front at the first skirmish. Burundi therefore finds itself in a paradoxical situation. On the one hand, the government, pushed by the international community, wishes to set up a TRC as quickly as possible to heal the wounds of the past. But on the other hand, the disagreement around the composition of the technical committee and especially the political and security situation which has deteriorated significantly since the 2010 elections, plunge the population into fear and prevent any free speech, which is a sine qua non condition before the establishment of a TRC. Catholic bishops call on the Burundian people to avoid war After analyzing the situation the country is going through, the Catholic bishops of Burundi released a declaration on December 8, 2011 calling on Burundian politicians and the entire population to act for peace . Assuming a mediating role, the bishops invited the population “to forcefully refuse war and anything that could lead us into it.” They also ask the government to recognize the legitimacy of the opposition, recommending the immediate organization of a real dialogue, within a consensus structure giving a voice to politicians from all sides. This declaration, although too late for some, clarified the deepest feelings of the population. This message was relayed in churches and the Burundian media. Comments from all sides are a sign that the message was really expected. The government wanted to ensure that everything will be done to guarantee the security of each citizen, in order to punish the perpetrators of crimes committed yesterday or today. As for political leaders who are abroad, “the government asks them to respond positively to the message just sent to them by the Catholic bishops of Burundi, and to return to join their compatriots. For its part, the government promises to guarantee their security. -GOVERNMENT-OF-12]]. However, exiled opponents affirm that the optimal conditions to be able to return to the country are not yet met. The recent arrest of Alexis Sinduhije shows that the government is not yet really ready for dialogue. Avoiding violence while restoring justice Although various national and international observers have affirmed that the 2010 elections went more or less well, the withdrawal of the opposition and the temptation to take up arms plunges again the country in uncertain times. This is all the more dramatic as the country was moving towards a process of reconciliation and enjoyed increased credibility in the Great Lakes sub-region, due to its relative democratic maturity acquired between 2005 and 2010. However, the sub-region -region is in constant disruption and thus offers favorable terrain for organizing an armed movement. We must therefore continue peace efforts and take inspiration from the recent period of calm to demand the right to justice without resorting to arms. However, it is access to justice that still poses a problem in Burundi. Indeed, as the EU delegation in Bujumbura recalled, “independent and effective justice constitutes a crucial element in the reconciliation and harmonious development of Burundian society” [[02/13/2012, Ministry of External Relations and of EU International Cooperation, EU Local Declaration on the Independence of Justice in Burundi, Bujumbura http://eeas.europa.eu/statements/local/burundi_14feb2012_fr.pdf ]] . And many cases of human rights violations have not yet been judged, such as the assassination of Ernest Manirumva [[Vice president of the Observatory for the fight against corruption and economic embezzlement (OLUCOME] there is almost three years old. Under these conditions, it is indeed difficult to think about setting up a transparent and honest TRC. This is why the French-speaking Belgian Justice and Peace Commission, in partnership with the Burundi Justice and Peace Commission, wishes to make the following recommendations:

To dare to talk about the past and attribute responsibilities to your peers, you must first be reassured about your physical and moral security. The political-security climate which currently prevails is therefore a major handicap to the freedom of speech. In this context, there will be no truth or reconciliation. Faced with the risk of an increase in violence, one of the first recommendations is therefore to improve the security situation. It is also about securing, in particular, members of civil society who fight for respect for human rights.
The entire Burundian political class (majority and opposition) must agree to sit around the same table to talk about controversial points. Weapons are in no way an alternative. Indeed, civilians are always the first victims of war, and it is necessary to spare the people from all the misery resulting from the conflict.
Reconciliation is a long, complex process and depends on several political, social and psychological factors. Members of civil society, including the Church, must therefore be proactive in preparing the population to tell the truth, before the establishment of the TRC but also during the operation of the commission. If the population feels safe and is made aware, the chances of success will increase.
Impunity is at the root of the Burundian conflict and reconciliation requires setting the judicial machine in motion. Forgiveness is certainly an option to achieve effective reconciliation, but it remains an individual choice. This is why, through competent jurisdictions, justice must play its punitive function – in the face of unamnestiable crimes – but also restorative and restorative. The establishment of a special court for the most serious crimes may be an option to consider.
The credibility of the authority which will establish the CVR but also choose the commissioners is crucial. The challenge for the institution responsible for appointing these people therefore consists of doing everything possible to gain the trust of the population. The slightest controversy about these people risks seriously damaging the reconciliation process. For a careful analysis of the Burundian conflict, our local partners believe that a joint commission would provide added value in terms of objectivity and transparency.
The international community helps Burundi through budget support. Several countries including Belgium support the country and have special links with it. The reconciliation that the Burundian people seek comes at the price of certain conditions that the international community in general, and certain States in particular, can help guarantee. It is therefore a question of helping the Burundian people to embody the achievements of the Arusha agreements and democratic principles. It is thus requested:
- It is up to the international community, including Belgium, to support the democratic process in Burundi by maintaining its financial aid and continuing to provide support in order to deter any attempt to resort to violence.
- It is up to the Burundian government to guarantee the security of the entire population and to encourage the return of exiled political leaders to finally set up the TRC and thus be able to imagine a more serene future.

Dieudonné Niyibizi, Stefan Reinhold