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Judiciary Reform – 2003

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the judiciary reform provision did begin.

In Arusha accord, parties agreed for extensive reform in the judiciary including establishment of a constitutional court. The accord called for the establishment of ethnically balanced Judicial Service Commission along with establishment of a multiparty commission within a transitional national assembly to monitor the administration of justice and to submit recommendations to the assembly. The accord asked for promotion of gender and ethnic balance in the judiciary. According to the accord, transitional president and vice-president in consultation with the Minister of Justice can make appointments in the judiciary but the appointment needs to be approved or confirmed by the national assembly by two-third majority.

On 11 June 2002, the transitional government adopted a draft law on the organization and function of the Constitutional Court. According to the draft law, members of the Constitutional Court would be seven and they would be appointed for a six-year term,¹ The law was adopted by the national parliament on 18 July 2002. And, as provided in the accord, the transitional president and vice-presidents were officially sworn into their new positions on 30 April 2003 before members of the constitutional court.²

In June 2003, law regarding the structure and function of the Judicial Service Commission was passed.³ In September 2003, Burundi’s magistrates started open-ended strike over judicial independence and wages, which was unilaterally called off in October 2003. The judiciary was still being dominated by minority Tutsis whereas the Arusha accord called for ethnic balance according to which 60% judiciary jobs had to be allocated to majority Hutu groups.⁴

1. “Burundi: Government adopts draft law on Constitutional Court,” BBC Summary of World Broadcasts, June 13, 2002.
2. “Burundi: Newly president promises to speed up peace process,” BBC Summary of World Broadcasts, May 2, 2003.
3. Fabienne Hara, “Human Rights in Negotiating peace Agreements: Burundi,” International Council on Human Rights Policy,(Working Paper, 2005).
4. “Burundi govt suspends pay of striking magistrates,” Agence France Presse, September 3, 2003; “Burundi judges call off strike,” Agence France Presse, October 19, 2003.