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DE RUEHJB #0731/01 2891513
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P 161513Z OCT 07
FM AMEMBASSY BUJUMBURA
TO RUEHC/SECSTATE WASHDC PRIORITY 0651
INFO RUEHXR/RWANDA COLLECTIVE PRIORITY

C O N F I D E N T I A L BUJUMBURA 000731 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR AF/C 
 
E.O. 12958: DECL: 10/11/2017 
TAGS: PINR PGOV PHUM BY
SUBJECT: BURUNDI UPDATE - OCTOBER 2007 
 
 
Classified By: Political Officer Matthew Garrett for reasons 1.4(b) and 
 (d). 
 
¶1. (U) SUMMARY: The following is an update of outstanding 
issues of events of interest in Burundi: 
-- Truth and Reconciliation Commission 
-- Muyinga massacre 
-- upcoming legislation on women's issues 
-- justice reform 
-- refugees and returnees 
-- Hussein Radjabu 
-- East African Community integration 
END SUMMARY 
 
----------------------------------- 
Truth and Reconciliation Commission 
------------------------------------ 
 
¶2. (U) UNHCHR told a group of NGOs and diplomats on October 
3rd that the Truth and Reconciliation Commission (TRC) will 
not be operational until late 2008 or early 2009.  A steering 
committee (comite de pilotage) is being set up consisting of 
two GOB officials, two UN personnel, and two civil society 
members.  Their task is to set up broad, nationwide "national 
consultations" to see what form the TRC and possible Tribunal 
will take.  The committee will undertake consultations in 
January 2009 and continue them for six months.  At the 
conclusion of their research, the committee will face a three 
month deadline to organize their data and draft a report to 
present to the Government of Burundi (GOB).  The UN is 
currently negotiating a written agreement with the GOB to 
formally constitute the committee. 
 
¶3. (U) Asked whether this timetable runs the risk of 
heightening ethnic tensions in the run-up to the 2010 
elections, a UN representative replied that the TRC "will 
take the time that it takes."  UNHCHR representative Ismael 
Diallo added "will there ever be a good time?"  The UN 
representative continued that there will definitely need to 
be a period of "sensibilization" (public information 
campaign) before the TRC can begin its work.  Civil society 
appears to be divided on the timing issue.  One HR NGO 
representative indicated he would like the TRC to begin its 
work quickly to help stamp out public sentiment that impunity 
is pervasive in Burundi.  Other civil society members say 
real peace and security must be achieved in Burundi before 
the TRC can effectively carry out its work without 
re-animating ethnic friction. 
 
----------------- 
Muyinga Massacre 
----------------- 
 
¶4. (U) The UN reports that the GOB has still not published a 
promised written report detailing responsibility for the 
extrajudicial killings of detainees thought to be 
PALIPEHUTU-FNL sympathizers in the northeast province of 
Muyinga.  The two soldiers arrested in November 2006 in 
connection with the killings are still in prison, and have 
not been tried.  The UN has determined that there were no 
civilians among the perpetrators - all those involved were 
military.  In August, the Commander of the Fourth Military 
Region (location of the massacre), long suspected of direct 
involvement in the murders, was relieved of his command.  He 
is presently in Bujumbura, and at liberty. 
 
---------------- 
Legislation 
---------------- 
 
¶5. (U) A bill to reform inheritance laws for women is 
currently stalled in the National Assembly, but activists 
remain committed to having the bill passed.  Civil society is 
pushing back on the Government's preference for a period of 
public consultation before the bill comes to the National 
Assembly.  Although civil society members believe that the 
public will reject the proposed change, many still prefer 
that legislators pass the unpopular reforms.  A women's group 
speaking to the UNHCHR argued that the existence of a law 
will reinforce the efforts of activists to defend the rights 
the constitution gives to women. 
 
¶6. (U) A bill to reform the penal code is currently before 
the National Assembly.  In 2005 the UN helped the Ministry of 
Justice draft the code with UN financing.  The bill was 
introduced in the last National Assembly session, but like 
most of the docket, it was never read.  Among other reforms, 
the new penal code will abolish the death penalty; ban war 
crimes, torture, and genocide; provide alternative penalties 
to imprisonment such as social service; and introduce the 
concept of financial crimes. A draft bill to develop a code 
of procedure is still in the works.  The new procedural code 
would reportedly raise the age of legal majority from 13 to 
15, create a special court for minors, and require social 
services to reform and reintegrate juvenile offenders. 
 
-------------- 
Justice 
-------------- 
 
¶7. (U) Two projects jointly financed by the GOB and the UN 
will construct or rehabilitate more than 30 courtrooms in the 
interior of the country.  The project is intended to aid 
citizens tired of waiting for implementation of court rulings 
in their favor.  Strengthening the court's ability to 
implement judicial decisions will help work off the huge 
backlog of cases where the court has made a judgment but the 
beneficiary has never received the court-ordered relief from 
the other party.  Also, the projects will provide assistance 
to courts so that judges and officers of the court can travel 
to obtain "instructions sur le terrain," or information 
necessary to process other cases awaiting rulings.  The GOB 
has committed USD 700,000 to the project and the UN USD 
800,000. 
 
----------------------- 
Refugees and Returnees 
----------------------- 
 
¶8. (U) After the latest transfer of over 1400 Congolese 
refugees from Bujumbura, the new refugee camp at Musasa holds 
more than 6000 refugees.  Since January 2007, Burundi has 
seen an influx of over 8,800 refugees from the Kivu region of 
the Democratic Republic of Congo.  UNHCR is looking for 
alternative sites in Rutana and Makamba to relieve the 
increasing pressure in the current camps.  The UNHCR is also 
reporting a reduction in the severity and gravity of human 
rights abuses linked to the recent influx of Congolese 
refugees, partially due to the attention given to the problem 
by civil society.  The UN expects the October National 
Assembly session to consider a bill on protection of refugees 
drafted in 2005.  It will open the way for creating a 
government structure to welcome and process refugees. 
 
¶9. (U) More than 10,500 Burundi refugees have returned to 
Burundi from Tanzania since the beginning of the year.  UNHCR 
recorded a large increase in the number of returnees once 
they began offering a 50,000 Burundian Franc (USD 45.45) 
stipend and an increase in rations from four months to six 
months' supply, beginning in July.  The next Tripartite 
meeting between the Government of Tanzania, the GOB, and 
UNHCR will take place at the end of November. 
 
--------------- 
Radjabu 
--------------- 
 
¶10. (C) In a recent conversation with a high ranking BINUB 
representative, the Charge inquired about the status of 
Hussein Radjabu and his right to due process.  The 
representative responded that the GOB finds itself in a 
situation where it is afraid to let him go, but it does not 
have enough evidence to prosecute him.  The representative 
continued, "The GOB is now negotiating the terms under which 
he will step down from his position of influence in the 
CNDD-FDD party.  Then the government can release him." 
 
------------------------ 
East African Community 
------------------------ 
 
¶11. (U) Ministers from Uganda, Tanzania, and Kenya, charged 
with heading their country's delegations to the East African 
Community (EAC), visited Burundi October 1-5 to assess 
Burundi's preparation for joining the regional organization. 
The delegation will visit organizations greatly impacted by 
the regional integration, such as Burundi brewery BRARUDI and 
the Port Authorities of Bujumbura.  During an October 4 
briefing in Bujumbura, the leader of the Tanzanian delegation 
told members of the press and diplomatic corps that a 
temporary office will open this year in Bujumbura, during 
which time EAC officers will work with Burundi officials in 
preparation for full Burundi participation in the EAC. 
 
CASEBEER