What progress has been made on police and justice reform in Burundi during the current security sector reform (SSR) process? This article, published by the Centre for International Governance Innovation as part of their Security Sector Reform Monitor series, argues that both continue to face significant challenges. These include varying operational capacity across of the new police and the influence of the executive in the legal system.
Burundi descended into civil war in 1993. Although a peace agreement was signed in 2000 in Arusha, Tanzania, due to the absence of some of the main rebel groups the war continued. A ceasefire was signed in 2003 and the first measures to implement the Arusha agreement, including SSR, were taken. However, hostilities with other rebel groups have been used as a pretext for delaying SSR.
The proliferation of weapons and the impoverishment of the population pose challenges to security in Burundi. Despite this, the security situation has improved since 2000 and the country’s main roads are now relatively safe. However, criminality has moved into urban centres and the security forces are often considered a main source of insecurity.
In this context, two of Burundi’s key security sector institutions are being consolidated and renewed: the police and the justice system.
The Arusha process led to the creation of a new police service – the BNP – on December 31, 2004. The groups that came together to form the BNP have differing levels of training and capacity. The BNP is faced with a number of challenges:
- The varying levels of education and competence within it pose a challenge to training programmes provided by development partners.
- A chronic lack of resources hinders the police’s efficient operation in urban as well as rural areas.
- Corruption and political pressure continue to undermine the BNP’s legitimacy and effectiveness.
- Most of the BNP are former soldiers, meaning that some of them continue to resort to violence when performing their duties.
- A systematic vetting process has not been established and the police has not dismissed those accused of gross human rights violations.
- Though some internal and external police accountability mechanisms have been put in place, they are generally ineffective.
- Surprisingly and despite all of these dysfunctions, the general public still has a relatively good opinion of the police overall.
- However, people do not express the same confidence in the ability of the police to ensure the security during the upcoming elections in 2010.
The guidelines for justice sector reform were established by the Arusha Agreement. In order to operationalise these guidelines, the Burundian government is implementing new legislation and taking measures to balance ethnicity among justice system personnel. Though important steps have been taken, there are shortcomings in implementation.
- Burundi does not have a framework governing legal aid, despite national and international legal and ethical obligations to do so.
- Corruption is also a serious concern. While it is difficult to measure, interviews and opinion polls suggest corruption is widespread.
- Actors in the justice system have benefited from international and NGO-led training programmes. However, these were often conducted without coordination.
- The justice system is also largely believed to be influenced by the executive branch.
- Opinion polls reveal that the population remains dissatisfied with the justice system.
