Opposition questions independence of proposed truth commission and criminal court

Officials from the United Nations and the Burundian government have agreed to terms for setting up two postconflict institutions - one for reconciliation and the other for justice - but opposition leaders have questioned the proposed bodies’ objectivity. The truth and reconciliation commission "should comprise only members of the civil society in order to prevent endless misunderstanding among politicians," said Leonce Ngendakumana, the former speaker of the National Assembly, who is also the leader of the main opposition party, Front pour la democratie au Burundi. A UN delegation from New York met government officials from 26-31 March, after which they issued a joint communiqué announcing the framework for both a truth and reconciliation commission and a special court for prosecuting crimes against humanity committed in Burundi since it gained independence from Belgium in 1962. Opposition leaders said they supported the endeavour, but complained they had been excluded from negotiations, thus giving undue influence to the ruling party and former rebel group, the Conseil national pour la defense de la democratie-Forces pour la defense de la democratie. A government official said negotiations with opposition groups would take place once agreements have been concluded with the United Nations. The opposition leaders based their criticism on a 19-page government memorandum submitted to the UN delegation. It states that Burundi's head of state would control the appointment of the truth and reconciliation commission's president, vice-president and other senior officials, as well as appoint the special court’s judges and senior officials, after consultations with the UN Secretary-General. The head of the second main opposition party, the Union pour le Progress National (UPRONA), Aloys Rubuka, said on Monday that internationals should outnumber nationals in the two mechanisms. The government wants the truth and reconciliation commission to consist of four Burundians and only three expatriates to ensure "national appropriation of the reconciliation process", said the government official. Both the commission and the court would function under Burundian law. International officials would handle the administration of the institutions. The Burundi government said the commission could transfer people to the special court if they refused to comply with the invitation of the commission; if they denied responsibility for crimes they are accused of; or if they refused to join the reconciliation process. The court and the commission would each have a budget of around US $14 million.