Burundi promulgated Law N° 1/11 on May 28, 2024, altering the legal framework governing the Truth and Reconciliation Commission (CVR). This new legislation, officially promulgated on May 28, 2024, represents the latest modification in the CVR's foundational laws. It specifically modifies the law of November 6, 2018, which itself updated the original law of May 15, 2014, establishing the CVR. This sequence of legislative changes notes an evolving approach to transitional justice mechanisms in Burundi. A key provision in the recently promulgated law, Article 15, states that "« Les affaires qui relèvent de la compétence de la CVR ne sont pas recevables devant les juridictions »" (Cases falling within the competence of the CVR are not admissible before the courts). This clause effectively removes a significant category of cases from the purview of traditional judicial bodies. Critics argue that this stipulation directly conflicts with Article 39 of the Burundian Constitution, which maintains that "No one may be diverted, against his will, from the judge assigned to him by law." This constitutional guarantee is fundamental to the rule of law, ensuring that citizens have access to impartial judicial processes for resolving disputes and seeking justice. The implications of Article 15 for individual rights and the separation of powers within Burundi's legal system are a growing concern among legal scholars and human rights advocates.
Expanded CVR Mandate and Powers
The new law on Burundi's Truth and Reconciliation Commission (CVR) significantly broadens its scope, expanding both its missions and competencies. The expansion is substantial, particularly concerning its engagement with cases involving material reparations and historical injustices. This includes the "knowledge of all cases submitted to it by victims or their beneficiaries with a view to the restitution of their assets." This particular mandate suggests a shift towards addressing not only historical truths but also tangible grievances related to property and wealth. The legislation further stipulates that cases concerning lands and other assets, which were pending before the National Commission for Lands and Other Assets (CNTB) when its mandate expired, now fall under the CVR's jurisdiction. This transfer of responsibility from the CNTB to the CVR is a critical development, as it centralizes the handling of land and asset disputes within the CVR's broader framework. This expansion also applies to similar cases that had not yet been introduced to the CNTB prior to its mandate's conclusion, ensuring that a full range of historical property disputes can be addressed. The CVR's involvement in these matters signifies a considerable increase in its operational breadth and potential impact on Burundian society. Despite these expanded responsibilities, the law clarifies the nature of the CVR’s authority. Article 5 of the new legislation explicitly states, "The CVR does not have judicial power." This provision aims to delineate the commission's role as distinct from that of a court, yet its expanded competencies raise questions about the practical distinctions in its functions, especially given its role in asset restitution and dispute resolution.
Constitutional Conflict with Judicial Authority
The new law governing Burundi's Truth and Reconciliation Commission (CVR) asserts that the commission's decisions are not subject to judicial appeal, according to Article 11 of the legislation. The precise wording in Article 11 states that the CVR's decisions "are not subject to any judicial appeal," establishing the finality of CVR rulings outside of the traditional judicial system. This provision is particularly contentious because it grants the CVR's determinations a status that bypasses the conventional avenues for legal challenge and review.
Critics argue this directly conflicts with the foundational principles of justice outlined in the Constitution of Burundi. Article 210 of the Constitution stipulates that "Justice is rendered by the courts and tribunals throughout the territory of the Republic in the name of the Burundian people." This constitutional clause defines the judiciary as the sole authority for administering justice across Burundi, showing the principle of judicial exclusivity. The CVR's expanded mandate and the non-appealability of its decisions to conventional courts raise significant questions regarding the separation of powers and the right to judicial recourse for affected parties. The constitutional framework typically vests the power of final judgment and appeal in the judiciary, ensuring checks and balances within the legal system. By making CVR decisions immune to judicial review, the new law potentially creates a parallel system of justice that operates outside these established constitutional safeguards. The legal implications of a body whose decisions are beyond judicial review, yet also address cases previously handled by other commissions like the National Commission for Lands and Other Assets (CNTB), continue to be a point of contention among legal observers in Burundi. The concern is that without judicial oversight, there is a risk of arbitrary decisions or a lack of accountability, potentially undermining public trust in the justice system.
Precedent and Broader Implications
A past ruling by the Constitutional Court of Burundi provides a precedent for challenges to the CVR's expanded powers. In RCCB 31, issued on November 21, 1994, the Constitutional Court declared an article unconstitutional. The court's decision was based on the principle that only judicial bodies are competent to render justice, specifically because the article in question granted the decisions of a government commission the force of res judicata. This legal term signifies that a matter has been definitively decided by a court and cannot be re-litigated, implying a final and binding judgment. The Constitutional Court's 1994 ruling firmly established that such adjudicative power, leading to res judicata, is reserved exclusively for the judiciary.
The Constitutional Court's ruling in RCCB 31 referenced Article 140, paragraph 1 of the 1992 Constitution. This specific constitutional provision is identical in wording to Article 210, paragraph 1 of the current 2018 Constitution. Both articles affirm that justice is rendered solely by the courts and tribunals throughout the Republic of Burundi. This direct textual continuity means that the constitutional principle articulated in 1994 remains fully applicable today. The historical interpretation of this constitutional principle suggests that non-judicial bodies cannot issue final legal judgments that preclude judicial review or appeal. The CVR's new powers, particularly the non-appealability of its decisions as stipulated in Article 11 and the inadmissibility of its cases before courts as per Article 15, directly challenge this long-standing constitutional interpretation. This creates a significant legal dilemma, as the new CVR law appears to grant the commission powers that the Constitutional Court previously deemed unconstitutional for non-judicial bodies. The ongoing legal debate surrounding the CVR's authority is showed by cases such as that of Jean Bigirimana, who has been missing for 3578 days, noting the human impact of unresolved justice issues and the critical need for a clear, constitutionally compliant framework for addressing historical grievances and ensuring accountability. The implications of this new law extend beyond legal theory, touching upon the fundamental rights of Burundian citizens to due process and access to an impartial and constitutionally sanctioned justice system.
