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UNCLAS BUJUMBURA 000249 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR AF/C 
 
E.O. 12958: N/A 
TAGS: PGOV PINR PREL BY
SUBJECT: TRUTH AND RECONCILIATION COMMISSION: SLOW PROGRESS 
 
¶1.  (SBU) SUMMARY:  During comprehensive consultations with 
Representatives from the Ministry of Justice, the Steering 
Committee of the Transitional Justice Mechanism, civil 
society, the international community and NGO organizations 
April 16-18, Ambassador-at-Large for War Crimes Clint 
Williamson: 
-- encouraged the Government of Burundi (GOB) to hold 
National Consultations on the creation of a Truth and 
Reconciliation Commission (TRC) with a goal of establishing a 
working Commission in 2011; 
-- questioned transferring supervision of the TRC from the 
Office of the First Vice President to the Office of the 
President; 
-- agreed that a Special Tribunal to try those found guilty 
by the TRC is not yet necessary but should be considered as a 
possibility for the future; and 
-- sought NGO input on an interim campaign to raise public 
awareness of TRC-related issues before a TRC is established 
in 2011.  END SUMMARY. 
 
 
Background: Slow Progress for Establishment of TRC 
--------------------------------------- 
 
¶2.  (SBU) The 2000 Arusha Accords, the agreement that 
established the framework for peace in Burundi, called for 
the creation of a TRC and a Special Tribunal. The 2006 UNSCR 
1606 called for the creation of both a TRC and a special 
chamber in the Burundian judicial system to adjudicate crimes 
against humanity, war crimes, and accusations of genocide. 
In 2007, the Government of Burundi (GOB) decided to establish 
a Tripartite Steering Committee for National Consultations on 
Transitional Justice Mechanisms comprised of two 
representatives each from the GOB, the UN and Burundian civil 
society. 
 
¶3.  (SBU) The Committee has submitted a plan for national 
consultations to the UN and is awaiting financing from the 
Peacebuilding Fund before starting the consultations. 
Consultations are scheduled to take three months to organize, 
six months to complete, and three months to draft a report. 
 
¶4.  (SBU) Civil society and international community 
representatives told Amb. Williamson that the GOB should work 
to put in place all of the appropriate mechanisms for a TRC 
prior to the highly anticipated 2010 presidential and 
parliamentary elections, with the goal of starting TRC 
operations in 2011. 
 
¶5.  (SBU) Several interlocutors expressed concern that the 
methodology for national consultations is unknown and that 
the results could be manipulated by the government to 
discourage establishing a TRC.  Others speculated that many 
in the current administration, having been rebels themselves, 
are implicated in crimes that occurred during the war and 
would prefer that a TRC not hold them accountable for their 
actions.  Several individuals said that the current 
administration does not view a TRC as a mechanism to solidify 
peace and will therefore attempt to block its creation.  Some 
NGO members stressed in conversations with Amb. Williamson 
that individuals may still be wary of speaking their minds 
for fear of recriminations and suggested that perhaps the 
time is not yet ripe for national consultations. 
 
 
President Assumes Control of TRC 
--------------------------------- 
 
¶6.  (SBU) Until March, the Office of the First Vice President 
had been leading TRC-related negotiations with the UN and 
organizing activities for the Steering Committee.  The Chief 
of Staff in the First Vice President's' office, Pie 
Baribwegure told Amb. Williamson that the President's office 
has not indicated to the First Vice President why it has now 
assumed control of the dossier.  He noted that it seems 
likely the TRC process will be politicized now that the 
Office of the President has assumed responsibility. 
 
¶7.  (SBU) Special Advisor to the President Amb. Joseph 
Ntakirutimana however, told Amb. Williamson that different 
approaches to Truth and Reconciliation processes are 
necessary for different countries, and Burundi is no 
exception.  He continued that it is possible that after 
consultations, the public may decide they don't want a TRC or 
a Special Tribunal.  Ntakirutimana maintained that the entire 
process is already politicized and that even ex-political 
leaders and civil society members have political agendas. 
Thus, according to Ntakirutimana, the TRC will never be a 
non-partisan mechanism. 
 
 
Special Tribunal Could Complicate Matters 
------------------------------------------ 
 
¶8.  (SBU) Civil society and NGO representatives told 
Ambassador Williamson that the notion of a Special Tribunal 
for perpetrators of war crimes is controversial. While many 
members of civil society believe that a special tribunal 
should be created at the same time as a TRC, others feel it 
is best to leave the idea of a Special Tribunal or a special 
chamber open as an option, but not operationalize such a 
mechanism in the near future.  If the Special Tribunal 
existed simultaneously with a TRC, the threat of immediate 
punishment could dissuade the current administration from 
establishing a TRC. 
 
TRC Public Awareness Campaign 
------------------------------ 
 
¶9.  (SBU) Several NGO representatives responded favorably to 
Amb. Williamson's idea of conducting a public awareness 
campaign to help prepare the public for an official TRC in 
¶2011.  Should the government not host such a program, 
individual groups suggested hosting non-governmental projects 
to educate the population, collect testimonials and help to 
resolve land conflicts before a TRC is established. 
 
 
Comment 
-------- 
 
¶10.  (SBU) COMMENT:  Although President Nkurunziza frequently 
states that national consultations will soon be underway, the 
Steering Committee has not communicated well with the public 
and its operations and objectives are perceived as opaque. 
Indeed, one of the government appointees to the Steering 
Committee refused to meet with Amb. Williamson to discuss the 
consultations, and a second government appointee told PolOff 
in a private conversation that the Committee is frequently 
the victim of political interference.  Nevertheless, unless 
National Consultations are conducted transparently and with a 
well-known and understood methodology in an environment where 
individuals feel free to express themselves without fear of 
retribution or recrimination, it will be a pointless 
exercise.  While awaiting the creation of the TRC in 2011, a 
public awareness campaign could well be useful so that the 
public receives unbiased and non-partisan information on the 
design and role of a TRC in contributing to peace and 
stability in Burundi. 
 
¶11.  (SBU) Further, postponing the creation of a Special 
Tribunal until after the completion of work by the TRC seems 
prudent.  Simultaneous processes could destabilize the 
already-precarious political situation that reigns in 
post-conflict Burundi.  END COMMENT. 
 
¶12.  (U) This cable has been cleared by Ambassador Williamson. 
 
MOLLER