HRC54: Burundi's Silence on Special Procedures Visits Draws Concern
The 54th Session of the Human Rights Council
11 September – 13 October 2023
Agenda Item 4: Interactive Dialogue with the Special Rapporteur on the situation of human rights in Burundi
22 September 2023
By Jamel Nampijja / GICJ
Executive Summary
The Special Rapporteur on human rights in Burundi, Mr. Fortuné Gaetan Zongo, presented his report A/HRC/54/56 during the 54th Regular Session of the Human Rights Council on the 22nd of September 2023. The report was a response to a request from the Human Rights Council in its resolution 51/28. The report mainly covered the period from August 2022 to July 2023, it also addressed issues of concern predating this period that continue to impact human rights in Burundi.
Despite the lack of cooperation from Burundi authorities, the report highlighted several noteworthy developments, including Burundi’s announcement of the reopening of its borders with neighbouring countries and promoting the free movement of people and goods. Additionally, the EU lifted sanctions against Burundian public figures, further signifying international engagement.
However, according to the Special Rapporteur, significant challenges persist including institutional weaknesses, human rights violations, and the need for apparent oversight of the National Intelligence Service. The judiciary faced obstacles such as resource shortages, infrastructure issues, executive interference, and corruption affecting its performance.
During the interactive dialogue, country representatives expressed concern over the state of human rights in Burundi, citing issues such as shrinking civic space, lack of judicial independence, allegations of torture and enforced disappearances, and restrictions on fundamental freedoms. Representatives called on the Burundian government to urgently cooperate with international human rights mechanisms and to address these concerns.
Conversely, a few countries (including Venezuela, China, Eritrea and Syria) commended Burundi's efforts and urged the Council to respect the country's sovereignty and engage in constructive dialogue rather than imposing mandates. The Council remained divided on the approach to addressing human rights in Burundi, with some advocating for international pressure and monitoring.
In contrast, others stressed the importance of respecting the nation's sovereignty and engaging in dialogue to effect change. Additionally, several NGO representatives raised concerns about Burundi's deteriorating human rights situation. They called for increased support for Burundi and renewed efforts to restore trust between the country and the international community.
Representatives raised several pertinent questions during the interactive dialogue, including on how the international community can better assist the Burundian government in ensuring non-discriminatory respect of freedoms related to peaceful assembly, association, and expression as the 2025 elections draw near. The representative of Belgium inquired about the role of women in Burundian society, seeking further insights into issues related to violence against women and the trafficking and exploitation of women.
Geneva International Centre for Justice remains concerned about Burundi's persistent human rights challenges, including shrinking civic space, allegations of torture, and the need for judicial independence. GICJ urges the international community to engage in constructive dialogue and cooperation with the Burundian government to effect positive change and promote the protection of human rights in the region.
Moreover, accountability for human rights violations is crucial, and the UN, the international community, and regional communities such as the African Union must work hand-in-hand with Burundi to achieve peace, justice and reconciliation.
Background
In an effort to address the underlying causes of instability that followed Burundi's civil war spanning from 1993 to 2005 and its subsequent aftermath, the country embraced the Arusha Peace and Reconciliation Agreement in 2000. This agreement aimed to establish a comprehensive framework for peacebuilding. Consequently, it ushered in a period of peace and optimism, facilitating a smooth transition of leadership from President Pierre Buyoya to President Domitien Ndayizeye, each serving for 18 months. However, the situation took a turn in 2005 when Pierre Nkurunziza assumed power and, in 2015, refused to step down after his second term, ultimately leading to the current crisis.
Since 2016, the Commission of Inquiry has been actively investigating the Burundi crisis. Their findings revealed that former President Nkurunziza, State agents, and groups implementing state policies conducted widespread and systematic attacks against the civilian population. These attacks encompassed executions, arbitrary arrests, detentions, acts of torture, inhuman treatment, sexual violence, and forced disappearances. A UN Commission of Inquiry report in September 2019 underscored the persistent occurrence of crimes against humanity committed by the state and its allies throughout the country.
On the 30th September 2016, the Human Rights Council established the Commission of Inquiry on Burundi through resolution A/HRC/RES/33/24. The Human Rights Council designated the Special Rapporteur on the human rights situation in Burundi under resolution 48/16, paragraph 20. This Special Rapporteur's primary responsibilities included monitoring the human rights status within the country, offering recommendations for its improvement, and investigating human rights violations and abuses since April 2015. These investigations aimed to assess whether these violations constituted crimes against humanity.
The Special Rapporteur actively engaged with various stakeholders, including state authorities, the United Nations and its affiliated agencies, civil society, refugees, the Office of the High Commissioner in Burundi, and the African Union. The objective was to provide support and expertise in enhancing human rights. The Special Rapporteur was also responsible for identifying alleged perpetrators of human rights violations and abuses, ensuring full accountability, and combating impunity.
Mr Fortuné Gaetan Zongo has held the role of the Special Rapporteur on the situation of human rights in Burundi since the 1st of April 2022.
Report of the Special Rapporteur
In his report, Mr. Zongo highlighted several positive steps taken by the government of Burundi, including an announcement on the 22nd October of 2022 by the Ministry of the Interior, Community Development, and Public Security to reopen the country's borders with neighbouring nations, including Rwanda, which facilitates the movement of people and goods. On the 25th of October 2022, the European Union lifted sanctions against three prominent Burundian figures, namely Prime Minister Gervais Ndirakobuca, former Deputy Director General of Police Godefroid Bizimana, and former General Léonard Ngendakumana.
Conversely, on 3 July 2023, during the Human Rights Committee's 138th session, the Burundian delegation chose not to participate in examining its periodic report, citing the presence of "certain" human rights activists wanted by the Burundian justice system as a reason. The Human Rights Committee regretted this decision, as it deprived the Burundian government of an opportunity to discuss improvements, challenges, and important issues.
The report highlighted that since the 2015 crisis, human rights defenders, media professionals, and political opponents were arbitrarily arrested and detained by the National Intelligence Service, often without respect for legal time limits or the right to a defence.Several judges were dismissed in August 2022 by the Burundi government, yet no substantial measures to end political interference or release political prisoners were implemented in the period under review.
Mr Zongo restated previous observations regarding challenges in the judicial system, including issues related to the independence of the judiciary and corruption. Challenges included insufficient resources, infrastructure, executive interference, and mistrust in the justice system.
The Report found that impunity perpetuated by the judicial system remained rampant. It also found that authorities close to the regime implicated in crimes against humanity since 2015 had not been held accountable. While some recent arrests appeared to address impunity, they also reflected internal power struggles within the Conseil National pour la Défense de la Démocratie - Forces pour la Défense de la Démocratie (CNDD-FDD).
The Special Rapporteur expressed concern about the insufficient supervision of the National Intelligence Service, particularly regarding issues like lawfulness, conditions of detention, and compliance with international and regional legal instruments. The Special Rapporteur highlighted that the National Intelligence Service in Burundi holds extensive powers within various aspects of national life. Despite its requirement to act with discretion and political neutrality, there was expressed concern that the National Intelligence Service only endeavoured" to comply with human rights standards, raising questions about its commitment to respecting human rights.
Mr Zongo emphasised the need for an effective national strategy for transitional justice to combat impunity effectively and promote reconciliation. He also warned that inviting refugees to return to the country without a developed national reconciliation process and inclusive land reconciliation policy poses a risk to peaceful coexistence. Additionally, he stressed that the population's trust in institutions, including the Truth and Reconciliation Commission, is essential for lasting reconciliation.
Moreover, there were concerns about prolonged pretrial detention, with 54.2% of inmates in prisons and detention centres being remand prisoners. Overcrowding in prisons was raised as a significant issue, with reports of malnutrition among prisoners and poor-quality food. Some detainees reportedly went days without food, and the shortage of resources was highlighted. Even when individuals had served their sentences or were granted pardons, they remained in detention. The Special Rapporteur called for reducing prison overcrowding by expediting trials and reviewing detention conditions.
Also, the Burundian political landscape was described as being dominated by CNDD-FDD, with concerns about suppressing opposing views. Mr Zongo stated that the government of Burundi is cracking down on members of the main opposition party, the Congrès National pour la Liberté, who reported suspensions and reprisals against its members. This dominance raised concerns regarding the upcoming 2025 elections.
Concerns were raised regarding the many Burundian journalists remaining in exile, contributing to self-censorship and reprisals against political dissidents, media professionals, and civil society organisations. Furthermore, violations of journalists' freedom of expression often attributed to members of CNDD-FDD, the Imbonerakure, or the National Intelligence Service was stressed. Concerns surrounding hate speech and hate speech propagation on social networks were also raised
Additionally, the decision by the Bank of the Republic of Burundi to withdraw certain currency denominations led to significant economic and social consequences. Many lost their savings, and the short notice and arbitrary deposit limits created public unrest and long queues at financial institutions. Moreover, Burundi faced recurrent fuel shortages, which disrupted transportation and contributed to rising food prices. The situation was exacerbated by the global effects of the conflict in Ukraine, declining foreign currency reserves, and slow adjustments in world consumption, leading to a record inflation rate.
The most vulnerable segments of the population were further impoverished due to economic challenges, and many struggled to meet their basic needs, including food and fuel. Moreover, the budget allocated for the health sector decreased in the 2022/23 financial year, making it challenging to achieve international health targets. Infrastructure, equipment and human resources challenges faced by the health system was also emphasised.
Many school-age children remained out of school due to various factors, including poverty, natural disasters, limited educational resources, and unfavourable learning environments. The budget allocation for education also decreased in the 2022/23 financial year. A combination of factors, including fuel shortages, the Ukrainian crisis, decreasing foreign currency reserves, and climate change, worsened food insecurity in Burundi. A large population faced a food crisis with high rates of acute malnutrition among children.
Gender-based violence and human trafficking remained severe concerns, particularly in border areas and internally displaced persons sites. Additionally, though the Burundi government made progress in essential social services, vaccination coverage for children declined in 2022, and more efforts were needed to improve children's health.
Furthermore, the report stressed that there have been no recent visits to Burundi by special procedures mandate holders and no plans for such visits have been made despite requests from several mandate holders since June 2013; the visit requests from the Special Rapporteur remained unanswered.
The Special Rapporteur stressed that he contacted the Permanent Mission of the Republic of Burundi to the United Nations Office and other international organisations in Geneva, urging the government to cooperate fully. The Special Rapporteur emphasised that this cooperation should include granting unhindered access to the country, providing essential information for the Special Rapporteur's mandate fostering collaboration with the National Independent Human Rights Commission and aligning with the administration's commitments to promote human rights and dialogue with the international community.
Country Concerned
Speaking on behalf of the country concerned, the Delegate of Burundi criticised the consistency of the Rapporteur's reports, suggesting that they contained repetitive and unconvincing allegations. She questioned the report's authorship, emphasising the need for rigorous and fact-based submissions to the Council.
The delegate highlighted specific concerns, such as the Rapporteur's assertion that the National Independent Human Rights Commission of Burundi was less credible than the Commission in 2012, despite the Rapporteur's limited time in office. She also questioned the Rapporteur's perceived bias towards a single opposition political party, despite Burundi having forty political parties. She expressed concern that Burundi's Truth and Reconciliation Commission was discredited based on the chair's ethnic and political allegiances. Furthermore, she questioned the motives behind the relentless attacks against the government in power and called for transparency regarding those who support the Rapporteur's mandate.
She also questioned the renewal of the SR's mandate. Moreover, she further urged fellow Council members to consider which country deserved scrutiny and who benefited from the current situation, asserting that it was not Burundi nor its people.
The National Human Rights Commission of Burundi
Representing the National Human Rights Commission of Burundi, Mr. Sixte Vigny Nimuraba stressed the importance of ongoing efforts in protecting and promoting human rights in the country. He emphasised that the responsibility for implementing human rights primarily lies with the government and requires collaboration between various stakeholders, both public and private. Mr. Nimuraba highlighted the existence of specialised human rights protection institutions in Burundi, including the National Independent Human Rights Commission, the Ministry for Human Rights, the Ombudsman, the Truth and Reconciliation Commission, and the Observatory for combating genocide.
He commended the notable reforms in Burundi, such as measures to combat corruption and impunity, efforts to address overpopulation in prisons, and increased media openness. However, Mr. Nimuraba also acknowledged challenges in gender-based violence and arbitrary detentions, which have slowed progress in legal proceedings. He recommended upholding the legal principle that freedom should be the norm and detention should be the exception.
Additionally, he called for the release of all arbitrarily detained individuals. He proposed reforms to legal texts like the Code of Criminal Procedure to safeguard the rights of detainees and prisoners better. Mr. Nimuraba concluded by expressing the willingness to collaborate further in advancing human rights.
Interactive Dialogue
Representing the Nordic-Baltic countries, the representative of Norway expressed ongoing concerns regarding human rights violations persisting in Burundi, which included extrajudicial killings, forced disappearances, torture, and sexual violence, all of which have occurred with impunity. Moreover, he expressed concern over the punitive actions taken against human rights defenders, journalists, opposition figures, and civil society members exercising their rights to freedom of expression, association, and peaceful assembly.
The representative urged the Burundian government to conduct thorough investigations into all such incidents and hold the perpetrators accountable. He further called on the government of Burundi to bear the responsibility of safeguarding the human rights of its citizens as well as cooperating fully with the Special Rapporteur by granting unrestricted access and providing all necessary information to enable the Rapporteur to carry out their mandate effectively.
The European Union (EU) representative stressed the importance of the country visit made by the EU's Special Representative for Human Rights to Burundi in February 2023, which served as an opportunity for an open dialogue addressing human rights concerns within the country. She acknowledged the positive developments in Burundi, notably its active participation in the Universal Periodic Review (UPR) process and the country's commitment to reforming its judicial system.
However, she expressed disappointment over Burundi's decision to abstain from participating in the interactive dialogue. She further highlighted the ongoing concerns regarding various alleged human rights violations, including acts of torture, enforced disappearances, and limitations on fundamental freedoms. Furthermore, she highlighted concerns about the limited space for civil society and condemned government reprisals against them.
She called for independent and impartial investigations into all reported violations, emphasising the need for the Human Rights Commission to carry out its mandate independently. She further urged the government of Burundi to cooperate fully with the UN treaty bodies and the Special Rapporteur.
The representative of Liechtenstein expressed concern regarding Burundi's steadily shrinking civic space, a trend accompanied by the expulsion of independent media from the country or their self-censorship. The representative also stated that the judiciary in Burundi seems to lack both independence and adequate training particularly related to crimes against humanity committed in 2015 further contributing to a sense of impunity,
Furthermore, he highlighted the severe malnutrition affecting many children in Burundi, along with their lack of access to education. Introducing new banknotes without sufficient time for people to deposit the old ones resulted in significant financial losses for the population, particularly affecting those already vulnerable. The high cost of food and rising food prices added to the difficulty of affording basic necessities for the Burundian people.
Moreover, the representative noted a widespread loss of confidence in the government among large sections of the population. He emphasised the necessity of exclusive dialogue and increased political participation to address these pressing issues. Furthermore, he stressed the importance of ensuring accountability for current and past human rights violations in Burundi. According to the representative, a return to the Rome Statute would be a significant step toward achieving this goal.
The representative of Switzerland called on the government of Burundi to ensure the protection of rights related to freedom of peaceful assembly and association, including for all political parties, as well as the right to freedom of expression. Moreover, he called for the release of human rights defenders and journalists who had been arbitrarily detained and emphasised the importance of respecting judicial procedures under Burundi's laws.
In the realm of fighting impunity, the representative aligned with the viewpoint of the Special Rapporteur, advocating for a critical examination of the functioning and role of the judiciary. He stressed the urgency for strengthening the judiciary, enhancing its independence, and upholding the rule of law as essential for achieving lasting peace. The representative emphasised the need for accountability for those responsible for human rights violations.
The representative of the United Kingdom expressed concerns about the ability of the people of Burundi to access and enjoy their civil and political rights. He called for genuine reforms to guarantee rights such as freedom of opinion, expression, peaceful assembly, and association. He further emphasised the importance of having an active civil society and free media which are fundamental to democracy. He urged the Burundian government to ensure that civil society, human rights defenders, journalists, bloggers, and other media workers can safely and independently carry out their work.
Furthermore, he expressed deep concern about Burundi's decision to withdraw participation during its regular review of its adherence to the International Convenient On Civil and Political Rights (ICCPR) by the Human Rights Committee. The representative called on the Burundian government to fully cooperate with the Human Rights Council, the Special Rapporteur's mandate, the Office of the High Commissioner for Human Rights, and other UN bodies working to improve the human rights situation in Burundi. Moreover, he urged the Burundian government to reopen the Office of the High Commissioner for Human Rights Country Office as a step that could contribute to improving cooperation.
The representative of France expressed regret that the Burundi authorities did not respond to repeated calls for a country visit by the Special Rapporteur. The representative urged the Burundian authorities to take full advantage of the opportunities provided by the Special Rapporteur's mandate and expressed support for the renewal of that mandate.
Moreover, the representative raised concerns about the shrinking civic space in Burundi and the perceived misuse of institutions and the legal framework within the country. He further called upon the authorities in Burundi to ensure that journalists, members of the political opposition, and human rights defenders can carry out their work without fear of reprisals. He also expressed concerns about ongoing arbitrary detentions, the climate of impunity, and the excessive powers granted to the police and intelligence services, all of which are seen as obstacles to achieving lasting peace.
The representative of the United States acknowledged the efforts made by Burundi's Independent National Commission on Human Rights in documenting human rights abuses and facilitating access to judicial processes. He urged the Burundian authorities to ensure the National Commission on Human Rights' formal and material independence and to provide it with the necessary resources to carry out its mandate effectively.
Furthermore, he called upon the Burundian government to conduct thorough investigations and prosecutions in cases involving alleged extrajudicial killings, enforced disappearances, sexual violence, torture, and other human rights violations and abuses.
The representative expressed deep concern over the government's suspension of activities of the main opposition parties. Hecalled on the government to reinstate political pluralism, especially considering the upcoming 2025 elections. He also urged the government to grant access to the Special Rapporteur, aligning with its public commitments to promote respect for human rights and to re-engage with the international community.
The representative of China emphasised China's Consistent stance, advocating constructive dialogue and cooperation for addressing differences in the realm of human rights. She asserted opposition to the politicisation of human rights issues and any interference in sovereign countries' internal affairs.
The representative noted that the Burundian government has actively pursued domestic reconciliation and aimed to improve its international environment to achieve stable development within the country. She urged the international community to respect Burundi's sovereignty, independence, territorial integrity, and efforts to resolve its internal challenges.
Furthermore, the representative encouraged the international community to increase economic cooperation and provide development assistance to Burundi. She stressed the importance of the Human Rights Council adhering to principles such as non-selectivity and avoiding politicisation, advocating for the abandonment of double standards.
She stressed the significance of respecting the development path chosen by the people of Burundi, stating that relevant discussions should contribute to maintaining stability and promoting development rather than hindering it.
The United Republic of Tanzania emphasised the importance of considering the unique paths that different countries follow in pursuing human rights while acknowledging their specific national conditions. He urged the international community to continue cooperation and provide capacity-building and technical assistance that would complement the efforts of Burundi in advancing human rights.
Moreover, he expressed Tanzania's commitment to working with the Burundian government to facilitate the safe and voluntary repatriation of all Burundian refugees. The representative reported that 8,000 refugees had voluntarily registered for repatriation due to discussions between Tanzania, Burundi, and UNHCR. From September 2017 to August 2023, Tanzania facilitated the safe return of 100,561 refugees to Burundi, enabling them to participate in the nation-building process.
The representative of the Bolivarian Republic of Venezuela noted that the Human Rights Council conducted an interactive dialogue during the 53rd HRC concerning what they perceived as a hostile mandate against Burundi. The representative of Venezuela had expressed their opposition to the resolution put forth by the EU that established the mandate of the Special Rapporteur on the situation of human rights in Burundi; he emphasised that the HRC had established the mandate without the consent of Burundi and, as a result, it would be destined to fail.
The representative commended the efforts of Burundi and its political will to improve the human rights situation for its people. He acknowledged Burundi's progress in consolidating peace, achieving political and social stability, and strengthening institutions like the National Independent Human Rights Commission, which was established in accordance with the Paris Principles.
Furthermore, the representative strongly rejected what he viewed as the politicisation and unwarranted accusations against Burundi within the Council, asserting that such actions used human rights as a pretext. He called for an end to what he described as a political agenda driven by hegemonic countries within the Council, claiming it went against the principles of sovereignty and non-interference in domestic affairs enshrined in the UN Charter.
The representative of the Democratic People's Republic of Korea (North Korea) stated that some countries were using fiscal procedures to influence sovereignty and interfere in the internal affairs of other countries. They argued that reports and allegations made by certain countries often did not accurately reflect the reality on the ground and failed to acknowledge the efforts made by the concerned governments to address issues.
The representative considered such practices counterproductive, as they do not create a conducive environment for cooperation or foster genuine willingness among governments to promote and protect human rights. Furthermore, he stressed the importance of taking into account reconciliation and the stability of a country while addressing human rights issues.
Additionally, he called on the international community, including the Human Rights Council, to engage in constructive dialogue and cooperation when addressing human rights issues in concerned countries. He also urged refraining from publicised approaches that could be perceived as interference in internal affairs and applying pressure under the pretext of human rights protection.
The representative of Uganda stated that Uganda was the largest refugee-hosting country on the continent; the representative highlighted that it hosts refugees from around the world, including Burundi. The representative stressed that there has been a consistent decline in the number of refugees from Burundi in Uganda, with 1,349 individuals returning to Burundi since 20 December 2011. He also noted that Burundi was actively participating as the chair of the East African Community, contributing to regional integration efforts.
However, he expressed regret that the report had not involved Burundi, the concerned country, in the process. They questioned the effectiveness of the Human Rights Council's mandate considering consistent objections and non-recognition by the Burundian government. Uganda emphasised the importance of cooperation and recognition by the concerned country before specific mandates are created and imposed.
Moreover, he urged the Council to prioritise dialogue and engagement rather than imposing decisions and resolutions for implementation without the support of the concerned country, as such actions often rendered them unimplementable. He further requested the Council to provide the necessary technical support and capacity building.
Concluding Remarks
In his concluding remarks, the Special Rapporteur acknowledged the comments, concerns, and disagreements raised regarding his report. Mr. Zongo emphasised the crucial principles of independence, impartiality, and objectivity that underlie his special procedure mandate, affirming that he had consistently adhered to these principles throughout his monitoring of Burundi's human rights situation.
He also defended his mandate's relevance and necessity in addressing Burundi's human rights situation. He stressed the need for a comprehensive reading of his report, urging stakeholders not to focus selectively on specific elements but to consider all issues. Mr. Zongo discussed the challenges posed by the lack of cooperation from Burundi's government and emphasised the importance of inclusive dialogue among Burundians to solve the ongoing crisis. He highlighted the significance of diversity in governance and vision, noting that diversity could lead to positive change.
Mr. Zongo called for diversity of vision and approach to drive positive change, emphasising the significance of promoting diversity in governance. The Special Rapporteur addressed the recurring challenges in Burundi, particularly the need for crisis prevention mechanisms ahead of the 2025 elections. He also mentioned the importance of addressing violence against women and human trafficking.
Mr. Zongo pledged to monitor the implementation of recommendations closely and called for international support for Burundi. He stressed the need to rebuild trust between the country and the international community and expressed optimism about positive dynamics emerging in Burundi's leadership. Finally, he called for support for Burundi's efforts.
Position of Geneva International Centre for Justice (GICJ)
The Geneva International Centre for Justice is concerned about the human rights situation in Burundi; we are calling on the government of Burundi to take immediate and meaningful steps to address the alarming issues raised in the recent report. It is disheartening to learn that there have been no recent visits to Burundi by special procedures mandate holders and that visit requests from the Special Rapporteur remain unanswered.
GICJ urges the government of Burundi to prioritise its cooperation with international human rights mechanisms and mandate holders. The government of Burundi must uphold the standing invitation to special procedures mandate holders since June 2013 in practice. Granting unhindered access to the country and providing essential information are fundamental steps towards transparency and accountability.
Cooperation with the National Independent Human Rights Commission is of utmost importance. GICJ calls upon the government to work closely with the mandate of the Special Rapporteur to ensure that it can effectively fulfil its mandate to promote and protect human rights within the country. This collaboration aligns with the government's commitments to human rights and demonstrates a genuine willingness to engage constructively with the international community.
Furthermore, GICJ appeals to the international community, including the United Nations, the African Union, and related agencies to fully support Burundi's peacebuilding initiatives and their accountability mechanisms in order to restore peace as well as civil and political rights in Burundi.
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