A/HRC/42/49 ruling party, which could feel threatened by the popularity of the Congrès national pour la liberté, could be experiencing a crisis of confidence. The history of Burundi shows that CNDD-FDD turns to violent strategies when it faces organized opposition, particularly in elections. In addition, the ruling party and State institutions are becoming increasingly difficult to tell apart. 69. There have also been excesses in the exercise of power by the Head of State. The Head of State has extensive powers under the Constitution, but he does not hesitate to make decisions that are not his prerogative, such as the appointment of the executive officers of the National Communication Council. In addition, he continues to rely on shadowy informal structures, such as the “committee of generals”.31 He also uses the National Security Council, which he chairs, to govern directly.32 For example, although the Council has no decision-making authority, it decided to suspend the activities of foreign NGOs in October 2018. Having the National Intelligence Service report directly to the Office of the President is another significant example of his concentration of power in his hands. The ease with which the President bypasses institutions reveals their weakness. 70. The theme of the divine origin of the President’s power is increasingly common in official speeches delivered by the President and his wife. A slide into religiosity is also apparent in some of the Head of State’s decisions, in particular his plan to reform society and help it recover its “true values”. His frequent references to the Burundian monarchy and the decision to place the royal motto “God, King, Country” back on public monuments are leading to speculation by analysts and some Burundians about a possible restoration of the monarchy for his benefit. 71. The culture of secrecy typical of CNDD-FDD makes it impossible to know the status of the process for the nomination of the party’s candidate for the presidential elections, raising the question of whether the delay is linked to possible strife in the party, as in 2015. 72. A new electoral code entered into force on 20 May 2019. Independent candidates are subject to limitations on running in parliamentary elections and must obtain better results than candidates who are members of political parties. 73. The Independent National Electoral Commission, whose seven members are associates of CNDD-FDD or its allied parties, is not independent of the executive authorities or the ruling party. 3. Misuse of history 74. The issue of ethnicity is one of considerable historical import in Burundi. Ethnicity, whether a colonial fabrication or a traditional social reality, often made use of, remains one of the determinants of the identity of most Burundians. Since independence, numerous human rights violations with an ethnic dimension have caused many Burundians to distrust and resent the other group and generated a body of differing memories. The Head of State delivers lecture after lecture at meetings in which he teaches the “true” history of Burundi. The mandate of the new Truth and Reconciliation Commission, which is not independent, is to “rewrite the history of Burundi” and investigate the crimes and violations that have been committed since 1885. 75. The current approaches raise concerns that the imposition of a biased official version of the country’s history could sharpen the grievances of the past, with troubling consequences. The lack of genuine and appropriate reconciliation and transitional justice processes, as provided for in the Arusha Peace and Reconciliation Agreement for Burundi, helps maintain these rifts, which some may seek to exploit for political ends. 31 32 14 A/HRC/39/CRP.1, para. 733 (document available on the Commission’s website). The National Security Council is an advisory body established under article 275 of the Constitution to assist the President and the Government with policy development and monitoring in respect of security and with the formulation of defence, security and policing strategies in the event of a crisis. GE.19-13419