Bashingantahe Councils
Source: IWACU
Bashingantahe councils constitute the transitional justice framework in Burundi. The word “bashingantahe” comes from the Kirundi words “gushinga,” which means “to plant down,” and “intahe,” which means “traditional staff of justice.” In combination, it means “the one who bolts down the law,” and is understood to mean a person who is qualified to offer advice and administer justice and equity (Naniwe-Kaburahe, 2008).
Based on the philosophy of ubushingantahe, which refers to the traditional authority structure by which Burundian society sought to resolve local conflicts and disputes (Scheye, 2011; Ingelaere & Kohlhage, 2012), the bashingantahe councils centre personal virtues, equity and justice, a concern for truth, and integrity (Nindoera, 2003). At these councils, judges enact both legislative and executive powers, and hold moral and political authority (Nindorera, 2003; Ingeleare & Kohlhagen, 2012). They strive to prevent and resolve conflicts through arbitration, mediation, and reconciliation. They hear all parties to the dispute and work toward establishing the truth. Following this, they make a decision in the shared feeling of reconciliation and arbitration, and prioritize restorative over retributive justice (Nanive-Kaburahe, 2008). They serve as an instrument of peace and social cohesion.
The process involves the parties to the dispute. The bashingantahe councils address both criminal and civil cases as they consider all cases equally significant and in need of justice.
Although pre-colonial in its origins, the bashingantahe remained relevant to society throughout Burundi's history (Dexter & Ntahombaye, 2005). From 1993 onward, Burundi experienced violent inter-ethnic conflict and a genocide - and during this time, the bashingantahe played a significant role in supporting the community in both healing and reconciliation, and encouraged those who fled their homes to return. The Arusha Peace Talks that unfolded between 1998 and 2000 recognized the historical role played by the bashingantahe in the post-conflict process of promoting cohesion in Burundi (Dexter & Ntahombaye, 2005). There have, however, been criticisms of partiality and corruption in some contexts (Kwizera, 2017).
The bashingantahe continue to operate as informal courts, and support mainstream judicial institutions either by submitting minutes and decisions or advisory insights, or by taking on cases referred to them.
References
Dexter, T., & Ntahombaye, P. (2005). The role of informal justice systems in fostering the rule of law in post-conflict situations: The case of Burundi.
Kwizera, D.G. (2017). The Role of the Institution of Bashingantahe in Nurturing Good Governance and Socio-Economic Development in Burundi, International Journal of Innovation in Education and Research 5: 151, 152.
Ingelaere, B., & Kohlhagen, D. (2012). “Situating Social Imaginaries in Transitional Justice: The Bushingantahe in Burundi”. International Journal of Transitional Justice, 6, 40–59.
Naniwe-Kaburahe, (2008). The Institution of Bashingantahe in Burundi, in Traditional Justice and Reconciliation After Violent Conflict: Learning From African Experiences. Luc Huyse & Mark Salter.
Nindorera, A. (2003) Ubushingantahe as a Base for Political Transformation in Burundi. City: Consortium on Gender, Security, and Human Rights.
Scheye, E. (2011). “Local Justice and Security Development in Burundi: Workplace Associations as a Pathway Ahead”. Clingendael. https://www.clingendael.nl/publication/local-justice-and-security-development-burundi-workplace-associations-pathway-ahead
