Transitional Justice and National Reconciliation in Burundi.

Abstract

The Arusha Peace and Reconciliation Agreement for Burundi ( Arusha Agreement ) was signed in 2000 to bring an end to an ethnically motivated civil war and promote national reconciliation and transitional justice. Protocol I Article 4 of Arusha Agreement identified the political elite s struggle to accede to and/or remain in power as the root cause for the conflict. Burundi has managed to maintain its fragile peace over the last decade, yet processes towards national reconciliation and transitional justice have not been initiated. In addition, the ruling party s decision to adopt a controversial interpretation of the Constitution and nominate the current President for the third term in April 2015 is causing disturbances on the streets and forces the international community to witness how the political elite s wish to stay in power could drive the country into yet another civil war. In this interdisciplinary comparative legal analysis, I will answer the following research question: In the light of Burundi s political and socio-economic realities in 2015, what are the achievements and shortcomings in the implementation of the Arusha Peace and Reconciliation Agreement for Burundi signed in August 2000, and how can the process of national reconciliation be moved forward? Chapter 1 provides the necessary background information for Burundi. Chapter 2 gives a relevant literature overview. Chapter 3 entails a thorough analysis of Arusha Agreement and creates a baseline for actual implementation until April 2015. Chapter 4 provides recommendations for Burundi s national reconciliation, transitional justice and development in general. Chapter 5 concludes the thesis by answering the research question based on the findings throughout the document.