Friday, 18 December 2015

There is justifcation in the Possible Indictment Of Burundi President Pierre Nkurunziza



It’s The Right Time for the ICC to Indict Burundi President Pierre Nkurunziza 


  • Leaders Should Be Held Accountable For The Consequences That Arise from lifting Term limits or Any Other Political Decision That Turns Fatal

The politically motivated bloodletting in Burundi has raised dust all over the globe. Good thing is that the international community has demonstrated immediate concern with calls for a peace enforcing contingent to intervene.
The gruesome images {posted on social media} of killings orchestrated by the army really calls for action from the regional powers.
They say that to successful solve a problem; you need to know the cause of that particular problem. And I think the obvious cause of the Burundi conflict is obviously placed on the door of President Pierre Nkurunziza’s decision to intransigently push for an extra term in office.
It’s not debatable that if Nkurunziza had opted to step down after his two terms in office, Burundi would be in total peace.
The lives of over 400 Burundians so far killed since the advent of the political stalemate would have been preserved. The influx of millions of refugees loitering around the region would have been averted.
Question is, if the current Burundian president is the problem why do we have to run in circles. Why is he not brought to order
THE COSTS
There is news that the European Union has earmarked € 30 million Euros to foot the bills to restore sanity in Burundi.
And it’s disheartening that all these expenses have arisen because one man, president Nkurunziza whose unpopular decision to overturn the constitution of his motherland for his personal wish to rule his countrymen is now affecting everybody.
Legal Arguments versus Logic 

During the heated debate on whether president Nkurunziza was right to contest for another term or not, there were divergent views about the issue.
There was a strong argument about the constitutionality of him running again when the constitution was clear that at no time should a given leader run for president beyond two0 terms.
President Nkurunziza made a legal argument that the first term had been given to him through parliament {an electoral college} rather than universal suffrage that comprises of the people of Burundi.
The embattled Burundian president also went on to qualify his justification to contest again by asserting that he was only interested in running for one more term {delivered through universal suffrage}upon which he would step down.
The legal conundrum of that time was whether the Arusha accord which created the option of parliament electing the president was binding on the constitution which provided that the president be elected by universal suffrage.
And it was true that president nkurunziza’s first term was not conducted under the Burundian constitution but was done under the Arusha accord.
Now that confusion was, in very many ways similar to the-chicken-and -egg-which-one- came-first debate.
It was never going to be resolved amicably without generating a standoff.
And indeed when the matter went to the courts, the constitutional court ruled in President Pierre Nkurunziza’s favor to run for another term.
The Consequences
Remember that some senior judicial officers fled the country followed by thousands of Burundians who immediately read trouble in the court verdict.
Of course there was an election in the offing. And it was duly conducted in June this year with the incumbent retaining his seat.
But six months into the controversial term have seen things turn from bad to worse.
The president has already survived a coup attempt, and probably attempts on his life have been averted. Some of his close pals have been killed in the process of these political skirmishes.
At one time some of us actually thought that there was no harm if president Nkurunziza served one more term provided it was to be the very last term.
We naively expected the Burundians to exercise some qualified patience.
But the whole thing has boomeranged and there is mayhem in the country at the moment.
You can safely argue that while president Nkurunziza had a credible legal argument to run for another term, the circumstances on the ground were logically not making sense at all. He should have looked at the consequences of running again.
THE SOLUTION
Having seen what has happened so far , it’s very clear that there will be no peace in Burundi unless president Nkurunziza is taken out of power either by force or otherwise.
The terrible mayhem that is unfolding today should squarely be put on the shoulders of the Burundian president.
He should be held accountable for all the people who have lost their lives and those who have fled to exile.  He should be held accountable for the practical financial costs which the international community is going to foot.
There is no a better case to put forward than the case for the quick indictment of President Pierre Nkurunziza.
If he remains scot-free it will certainly set a very dangerous precedence.
To Lift Or Not To Lift Term Limits
The issue of lifting term is controversial subject because it’s not necessarily a tenet of democracy. It’s just a tool used to regulate the democratic process. But if a leader lifts the term limits, and it results into deaths of the citizens then he should be held accountable for the consequences.
 As I was penning this article, the people of Rwanda were involved in referendum that would determine whether, President Pual Kagame would continue to govern beyond his current term which is due to expire in 2017.
But the outcome of the vote notwithstanding, if the people of Rwanda vote to pave way for their man to continue and it doesn’t result into mayhem, then fine.
But if it{the referendum} results into the destruction of the country, then the beneficiary of the process should be held accountable. And I think the man at the spot of this scenario should be president Nkurunziza , whose fatal decision to continue running for the presidency is resulting to the total destruction of Burundi.
Am eagerly waiting to see him in the dock at the Hague.
Ends
The author, Fred Daka Kamwada is a senior Ugandan journalist and a blogger, get him at kamwadafred@yahoo.com
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