A/HRC/12/43 page 15 the United Nations. The project provides for technical assistance for the establishment of the commission, extensive awareness-raising activities, as well as material assistance and in-depth training for the commission once established. An initial draft law was produced in this context through a participatory process which was modified upon review by the Council of Ministers in November 2008. 56. On analysing the degree of conformity of the draft law as adopted by the Council of Ministers with the principles relating to the status of national institutions (the Paris Principles), OHCHR found that it failed to conform in important ways with respect to the functions and powers of the commission and the minimum qualifications, composition and appointment process of commissioners. At the time of writing, the Government had indicated that the draft law would be reconsidered by the Council of Ministers. B. The transitional justice mechanisms 57. The Arusha Agreement foresaw the establishment of three transitional justice mechanisms, namely an international commission of judicial inquiry, a national truth and reconciliation commission (TRC), and an international criminal tribunal. The first two mechanisms were aimed at shedding light on the cycles of violence suffered by Burundi since its independence in 1962, characterized by divisions among the three ethnic components of Burundian society: the Hutu, the Tutsi and the Batwa. It was envisaged that the tribunal would judge and punish those found guilty of crimes of genocide, war crimes, and crimes against humanity. 58. In conformity with Security Council resolution 1606 (2005), negotiations were initiated with the Government of Burundi to proceed with the establishment of the transitional justice mechanisms. Two rounds of consultations were held, in 2006 and 2007, advancing discussions on the establishment of a TRC and judicial remedies, the latter taking the form of a proposal for a special tribunal as the negotiations proceeded. The imperative of consulting the Burundian people was also agreed upon so that their views would be reflected in the establishment of the mechanisms. However, no conclusions were reached on the questions of amnesty, the independence of the prosecutor and the relationship between the TRC and the special tribunal. The question of amnesty was discussed extensively during the May 2007 visit of the then United Nations High Commissioner for Human Rights, Louise Arbour, and was settled in Burundian law in the revised Criminal Code of 2009, which explicitly precludes amnesties for the crime of genocide, crimes against humanity and war crimes.15 59. A second matter where progress was made during the visit of the former High Commissioner concerned the practical arrangements for the organization of the national consultations. To this end, the former High Commissioner and the President agreed to establish a tripartite steering committee, composed of representatives of the Government, the United Nations, and civil society. The Tripartite Committee for National Consultations on Transitional Justice (TSC) was established in November 2007 through the signing of the Framework Agreement by the First Vice-President of the Republic and the Executive Representative of the Secretary-General for Burundi. The TSC is now supported by its own 15 Criminal Code 2009, article 171, paragraph 2.