Burundi 2001
The 2001 constitution was developed in the aftermath of two coups and extensive ethnic warfare from 1993-1995 that took an estimated 100,000 lives. The 1992 Constitution, repeatedly amended during this period of conflict, was suspended in 1996 after Pierre Buyoya regained power in a bloodless coup. Buyoya mentioned in 1997 that he was preparing an "anti-genocide constitution" indicating that he had a drafting committee at work on another constitution. A Peace Accord was signed between some of the warring factions on June 7,1998. On the same day, Buyoya and the head of the Transitional National Assembly signed a "Transitional National Constitution" and Buyoya promulgated a "Transitional Constitution Act." Included in this "constitution" were provisions for political partnership between the Buyoya government and the main Hutu opposition, as provided in the Peace Accord. While there were elections to an 81-seat National Assembly in 1993, it appears that the new members of a newly expanded 117-seat "Transitional National Assembly" were not elected, but appointed. Representatives of Hutu and Tutsi factions agreed on the proportion of an expanded number of seats each side would have and each faction appointed its own representatives.
However, some of the Hutu groups had boycotted the talks and the Peace Agreement. Violence broke out once again. This time the international community, backed by a UN resolution, mediated peace talks to try to end ethnic conflicts raging not only in Burundi, but the Democratic Republic of Congo and elsewhere in the Great Lakes region as well. Nelson Mandela helped mediate. Nineteen opposition groups participated in the new Burundi negotiations, but the armed militia groups did not and one of the main parties (FRODEBU) rejected the transition arrangements approved in March 2001 at a summit in Arusha. Instability continued. There were two failed coup attempts against Buyoya.
In late August 2001, the Institutional Reform Minister released information about a new draft constitution prepared by a technical law commission appointed by Buyoya. On November 1, 2001, the Transitional National Assembly debated and adopted this document which incorporates some aspects of the Arusha Peace Accord, the 1992 constitution, and the failed interim constitution of 1998. It creates an ombudsman, a Supreme Court Council and permits formation of political parties. It also provides for establishment of a Truth and Reconciliation Commission and a follow-up commission to implement the Arusha Peace Accord.