Almost a year after the second post-election transition in Burundi, national and international attention is focused on the willingness and ability of the new government to implement the decisions agreed to during negotiations that culminated in the historic August 2000 peace and reconciliation agreement in Arusha. The agreement stipulated the establishment of two mechanisms (legal and non-legal) to address a long history of political and ethnic violence. Following a field analysis, this report presents recommendations on the transitional justice process in Burundi.

The importance of an independent, representative, and competent truth and reconciliation commission (TRC) to guarantee the rights of victims to truth, justice, and reparations should not be underestimated. Key recommendations in this regard are included in this briefing.

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.

Since the Solomon Islands period of unrest, known as the tensions, between 1998 and 2003 a number positive steps have been taken through the creation of several transitional justice initiatives. These have included prosecutions for crimes committed during this period, traditional reconciliation ceremonies, compensation, institutional reform, and, most recently, the establishment of a truth and reconciliation commission.