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R 181712Z AUG 09
FM AMEMBASSY BUJUMBURA
TO SECSTATE WASHDC 1661
INFO AMEMBASSY BERN 
AMEMBASSY DAR ES SALAAM 
AMEMBASSY KIGALI 
AMEMBASSY KINSHASA 
AMEMBASSY LONDON 
AMEMBASSY NAIROBI 
AMEMBASSY PARIS 
AMEMBASSY PRETORIA

C O N F I D E N T I A L BUJUMBURA 000414 
 
 
DEPT FOR S/WCI AMB WILLIAMSON, DRL AND AF/C, NAIROBI FOR 
DCM SLUTZ, LONDON, PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: DECL: 08/17/2019 
TAGS: BY KAWC PHUM PREL
SUBJECT: CONSULTATIONS ON TRANSITIONAL JUSTICE UNDERWAY; 
CONCERNS PERSIST ABOUT IMPACT OF 2010 ELECTIONS 
 
REF: BERN 329 NOTAL 
 
 
Classified By: Classified by Charge C. Twining for reason 1.4 (b) 
and (d) 
 
¶1. (C) Summary:  Burundi has started broad based popular 
consultations for a Transitional Justice mechanism to deal 
with the events of years of conflict.  While consultations 
are will be completed at year's end, we are detecting 
concerns about launching a Truth and Reconciliation 
Commission or similar mechanism prior to the 2010 elections. 
End Summary. 
 
¶2. (U)  As many years of conflict draw to a close, Burundi is 
seeking to establish a mechanism to deal with the waves of 
ethnic violence that have engulfed Burundi since 
independence.  In December 2004, the Burundian law on the 
National Truth and Reconciliation Commission was promulgated, 
based on agreements reached in the 2000 Arusha accords. 
Following a series of discussions, the UN and the government 
of Burundi agreed to establish a dual mechanism, a Truth and 
Reconciliation Commission and a Special Tribunal that would 
be composed of Burundian and international members.  The 
Special Tribunal would deal with cases that were determined 
to constitute war crimes or genocide.  This approach is 
consistent with the mandate of the Integrated Bureau  of the 
UN in Burundi (BINUB) to support transitional justice in 
Burundi, but it has yet to be fully implemented. 
 
¶3. (U)  Burundi recently launched a "broad based consultative 
process," part of the effort coordinated with BINUB and 
supported by international donors, to develop a workable 
mechanism for transitional justice.  These Consultations are 
now underway with local officials, Civil Society and other 
stakeholders in three provinces.  When the consultations are 
complete in those provinces, the Consultation process will 
then move on to three different provinces; in principle, 
consultations should be completed nationwide by year's end, 
and Burundi would establish its Truth and Reconciliation 
Commission in 2010. 
 
¶4. (C) The Swiss are deeply involved in transitional justice 
and human rights issues, and are among the leading donors to 
this aspect of Burundi's prolonged national reconciliation 
process.  Given this context, it's interesting that the 
Charge at the Swiss Embassy in Bujumbura shares the view of 
many Burundians that the  Truth and Reconciliation Commission 
should be established only after the 2010 elections are 
finished.  In a private conversation with DCM, Swiss Charge 
d'Affaires Marc George said that a Truth and Reconciliation 
Commission would inevitably become politicized and lose 
credibility, if it were established during the run-up to the 
hotly contested national elections.  He noted that many of 
the strongest political parties had roots in insurgent 
groups, including the ruling party.  When invited  to 
speculate about the outcome of the consultation process, Mr. 
George was somewhat reticent.  He commented that civil 
society in Burundi was predominantly skew Tutsi, urban and 
elite, and he questioned whether the consultations would 
truly reflect the views of average Burundian citizens in the 
collines. 
 
¶5. (C) (Regarding discussions in reftel)  In contrast to the 
Swiss, the South African Embassy in Bujumbura has shown 
minimal interest in engaging on transitional justice issues, 
notwithstanding South Africa's extensive experience with its 
own Truth and Reconciliation Commission.  For most of the 
past decade, however, South Africa was the driving force 
behind the African Union's peacekeeping and mediation effort, 
and maintained a sizable troop presence in Burundi.  In a 
separate conversation, South African DCM Christian Botha said 
that, now that the conflict was ending, his embassy in 
Bujumbura would likely redirect its efforts towards 
reconstruction and development.  Mr. Botha said that South 
Africa's mandate from AU covered two tasks only: 
administration of the camps for demobilizing insurgents, and 
providing close protection for former insurgent leaders while 
they re-establish their organizations as political parties. 
The first task is now complete, Mr. Botha said, and the 
second is nearly so.  Only three FNL leaders still require 
close protection, and Mr. Botha anticipated that the program 
would phase out, and the remaining South African troops would 
return home by year's end.  When asked about Transitional 
Justice, Mr. Botha responded that other partner nations were 
taking the lead on these programs in Burundi. 
 
¶6. (C) Comment:  After so many years of conflict, Burundi is 
now stabilizing, but national reconciliation is still 
fragile.  If it is handled well, a Truth and Reconciliation 
Commission could be an effective instrument for advancing 
national reconciliation; if it is handled poorly or becomes 
unduly politicized it could undermine Burundi's hard won 
gains. The international community should carefully weigh the 
risks and benefits of moving forward with a transitional 
justice program during an election year.  End comment. 
 
 
 
Twining