Abstract
<p class="IWnormal">Burundi may soon reach yet another crossroads in its tumultuous history and on its path towards transitional justice. A contentious draft law for a Truth and Reconciliation Commission awaits approval by the country’s National Assembly, which has raised a number of concerns about the independence of the eventual commission, the likelihood of popular participation in the process and the prospects for criminal justice. But as this practice note seeks to demonstrate, the international community in Burundi may in fact be contributing to the instrumentalisation of the process. The note highlights how the discourse of the international community may partially facilitate a certain duplicity among influential figures within the current government, particularly with respect to compliance with stipulations under the 2000 Arusha Peace Agreement. Two common rationalisations in particular are explained that have seemingly emerged among the international community with respect to transitional justice and that are at the heart of this instrumentalisation: outside imposition and a lack of influence. The note argues that since transitional justice can no longer be regarded as an apolitical process, international actors must be more cognisant of their actions and discourse with a view to ensuring credible transitional justice processes in contexts like Burundi.
Highlights
At the time of writing, a draft law for the establishment of a Truth and Reconciliation Commission (TRC) is before the National Assembly of Burundi’s Parliament awaiting approval
This move has effectively strengthened the hand of the CNDD-FDD,3 which controls Burundi’s state institutions after its victory in elections in 2010 during which the majority of the opposition pulled out citing fraud and intimidation (HRW 2010)
The CNDD-FDD controls the National Assembly, which will decide upon the draft law for the TRC
Summary
Burundi may soon reach yet another crossroads in its tumultuous history and on its path towards transitional justice. A contentious draft law for a Truth and Reconciliation Commission awaits approval by the country’s National Assembly, which has raised a number of concerns about the independence of the eventual commission, the likelihood of popular participation in the process and the prospects for criminal justice. As this practice note seeks to demonstrate, the international community in Burundi may be contributing to the instrumentalisation of the process. Two common rationalisations in particular are explained that have seemingly emerged among the international community with respect to transitional justice and that are at the heart of this instrumentalisation: outside imposition and a lack of influence. The note argues that since transitional justice can no longer be regarded as an apolitical process, international actors must be more cognisant of their actions and discourse with a view to ensuring credible transitional justice processes in contexts like Burundi
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