Original HRC document

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Document Type: Final Report

Date: 2018 Aug

Session: 39th Regular Session (2018 Sep)

Agenda Item: Item4: Human rights situations that require the Council’s attention

GE.18-13070 (E) 290818 050918



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda item 4

Human rights situations that require the Councils attention

Report of the Commission of Inquiry on Burundi*

Summary

The Commission of Inquiry on Burundi found that the serious human rights

violations documented in the first year of its mandate, including crimes against humanity,

have persisted in 2017 and 2018. Such violations include cases of summary execution,

enforced disappearance, arbitrary arrest and detention, torture and other cruel, inhuman or

degrading treatment, sexual violence, and violations of civil liberties such as the freedoms

of expression, association, assembly and movement (see A/HRC/36/54 and

A/HRC/36/54/Corr.1).

While the State entities that are most often implicated in these violations continue to

be the National Intelligence Service and the police, the Commission is concerned about the

growing role being played by members of the ruling party’s youth league, the

Imbonerakure, in a situation in which recruitment drives among the general public are

being used as a means of suppressing all opposition. The perpetrators of the violations are

operating in a climate of impunity perpetuated by the lack of an independent judiciary.

The political crisis in Burundi has had a very negative impact on the country’s

economic and social situation and has fuelled an increase in poverty. The Government has

nonetheless imposed additional taxes and contributions, in contravention of the right of all

persons to an adequate standard of living, and has failed to devote the greatest possible

share of its domestic resources to the realization of economic and social rights.

* The annexes to the present document are being circulated as received, in the language of submission only.

United Nations A/HRC/39/63

General Assembly Distr.: General 8 August 2018

English

Original: French

2 GE.18-13070

Contents

Page

I. Introduction ................................................................................................................................... 3

A. Mandate ................................................................................................................................ 3

B. Cooperation by Burundi with the Commission ..................................................................... 3

C. Methodology ......................................................................................................................... 3

D. Applicable law ...................................................................................................................... 4

II. Human rights situation .................................................................................................................. 4

A. Main trends ........................................................................................................................... 4

B. Responsibility ....................................................................................................................... 5

C. Violations of civil and political rights .................................................................................. 8

D. Violations of economic and social rights .............................................................................. 12

E. Dysfunction in the judicial system ........................................................................................ 13

III. International crimes ....................................................................................................................... 14

A. Constituent elements and types of crimes ............................................................................. 14

B. Individual responsibility ....................................................................................................... 15

IV. Measures to protect civilians and prevent the recurrence of conflict ............................................ 15

V. Conclusions and recommendations ............................................................................................... 16

Annexes ............................................................................................................................................................ 21

I. Map of Burundi ............................................................................................................................. 21

II. Correspondence with the Government of Burundi ........................................................................ 22

GE.18-13070 3

I. Introduction

A. Mandate

1. The Commission of Inquiry on Burundi was created by Human Rights Council

resolution 33/24, adopted on 30 September 2016, to conduct a thorough investigation into

human rights violations and abuses in Burundi since April 2015, to determine whether any

of them may constitute international crimes, to identify their alleged perpetrators and to

formulate recommendations for ensuring that such perpetrators “are held accountable for

their acts”. By its resolution 36/19, adopted on 29 September 2017, the Council extended

the Commission’s mandate without modification for one year.

2. In 2018, the Commission placed special emphasis on the violations and abuses

committed since 2017 in order to highlight developments in the situation as compared to

the one prevailing in 2015 and 2016. The Commission also focused more closely on

economic and social rights and the functioning of the judicial system.

3. On 1 February 2018, Mr. Doudou Diène of Senegal was appointed to chair the

Commission following the resignation of the previous Chair, Mr. Fatsah Ouguergouz. On 5

March 2018, Ms. Lucy Asuagbor of Cameroon was appointed to serve as a member of the

Commission to replace Ms. Reine Alapini Gansou, who was elected to the International

Criminal Court. Ms. Françoise Hampson of the United Kingdom of Great Britain and

Northern Ireland continued to serve as a member of the Commission, as she has done since

its inception.

4. The Commission presented two oral briefings to the Human Rights Council, at the

Council’s thirty-seventh and thirty-eighth sessions. The present report summarizes the final

conclusions of its investigations, which will be detailed in a separate document.1

B. Cooperation by Burundi with the Commission

5. By its resolution 36/19, the Human Rights Council urged the Government of

Burundi to cooperate fully with the Commission of Inquiry, to authorize it to conduct visits

to the country and to provide it with all the information necessary to fulfil its mandate. To

this end, the Commission sent six letters to the Permanent Mission of Burundi in Geneva

and one letter to the Minister for Foreign Affairs and International Cooperation (annex II).

It called on the Burundian authorities, including during its oral briefings to the Human

Rights Council, to grant it access to Burundi and to share information on the human rights

situation in the country, including information concerning attacks on agents of the State and

members of the ruling party. As in the past, these requests have gone unanswered. The

Burundian authorities have consistently disputed the content of the Commission’s briefings

and reports and have taken a hostile attitude towards the Commission, threatening twice to

take legal action against its members. The United Nations High Commissioner for Human

Rights has condemned this threat as being contrary to the 1946 Convention on the

Privileges and Immunities of the United Nations.

C. Methodology

6. During the current mandate period, the Commission visited Belgium, Uganda, the

Democratic Republic of the Congo, Rwanda and the United Republic of Tanzania. It also

conducted a mission to Ethiopia to meet with representatives of the African Union.

Through these visits and numerous remote contacts, in particular with individuals living in

Burundi, the Commission conducted more than 400 interviews with victims, witnesses and

1 That document (A/HRC/39/CRP.1) will be available shortly on the website of the Human Rights

Council and the Commission of Inquiry on Burundi (www.ohchr.org/EN/HRBodies/HRC/

IBurundi/Pages/CoIBurundi.aspx).

4 GE.18-13070

other sources. These are in addition to the 500 interviews conducted and the testimonies

gathered during its initial mandate period.

7. As it had done for its previous report (A/HRC/36/54 and A/HRC/36/54/Corr.1), the

Commission adopted the same standard of proof as most other commissions of inquiry on

human rights, namely “reasonable grounds to believe”. It therefore took care to collect a

body of reliable and consistent information on the basis of which a reasonable and

ordinarily prudent person would have reason to believe that an incident or pattern of

conduct had occurred.

D. Applicable law

8. The law applicable to the work of the Commission, namely international human

rights law and international criminal law, has also remained the same (see A/HRC/36/54,

paras. 9 and 10). Over the past year, there have been no new developments pointing to the

existence of an armed conflict to which the rules of international humanitarian law would

apply. Having decided to place greater emphasis on economic and social rights, the

Commission based its legal analyses on the relevant instruments to which Burundi is a

party.2

9. Burundi remains a party to the Convention on the Prevention and Punishment of the

Crime of Genocide, but it ceased to be a party to the Rome Statute of the International

Criminal Court on 27 October 2017. The country’s withdrawal from the Rome Statute does

not, however, discharge it from the obligations arising therefrom while it was a party to this

treaty. 3 Accordingly, on 25 October 2017, Pre-Trial Chamber III of the International

Criminal Court authorized the Prosecutor of the Court to open an investigation into crimes

committed in Burundi between 26 April 2015 and 26 October 2017. The Commission has

continued to refer to the definitions of crimes provided by the Rome Statute, which are

reflected in the Criminal Code of Burundi.

II. Human rights situation

A. Main trends

10. The Commission found that the main human rights violations documented since the

political crisis began in April 2015, namely cases of summary execution, disappearance and

enforced disappearance, arbitrary arrest and detention, torture and ill-treatment, and sexual

violence, have persisted in 2017 and 2018. As in the past, most of the victims of these

violations are opponents of the Government and/or of the ruling party (the Conseil national

pour la défense de la démocratie-Forces pour la défense de la démocratie (CNDD-FDD)) or

persons who are perceived as such, including members of opposition political parties

(particularly the Forces nationales de libération, led by Agathon Rwasa, and the

Mouvement pour la solidarité et la démocratie); supporters of armed opposition groups;

Burundians trying to flee the country and therefore suspected of joining such groups; or

journalists or members of civil society organizations.

11. The violations have had lasting psychological and physical effects on the victims.

Those that have been committed primarily against men, including enforced disappearance

and summary execution, have had multiple consequences for the victims’ families. In

addition to the impact of losing a spouse, wives often face harassment, threats or violence

on the part of the alleged perpetrators and are unable to meet the basic needs of their

families.

12. Before and during the campaign to amend the Constitution, CNDD-FDD and its

youth league, the Imbonerakure, stepped up their efforts to recruit members from among

2 See A/HRC/39/CRP.1.

3 Rome Statute, art. 127.

GE.18-13070 5

the general public. These efforts focused in particular on Burundians — even those who

were apolitical — who had refused or been unable to register to vote and on those who had

not paid their contribution for the 2020 elections. These trends are further limiting freedom

of expression in a country whose main independent media outlets and human rights

organizations have been banned. Those that continue to operate in the country have been

subjected to restrictions, threats and persecution.

13. This climate of disregard for human rights continues to be fomented by repeated

instances in which hatred and violence have been advocated by the authorities, including

the Head of State and members of CNDD-FDD, and by an overall context of impunity

exacerbated by the lack of an independent and properly functioning judicial system, as well

as a lack of public trust in the latter. This environment has also had a direct impact on the

enjoyment of economic and social rights, given that a growing share of the population has

unmet needs, primarily in the areas of health, nutrition, water, hygiene and sanitation, as a

result of increased financial pressure from the authorities and CNDD-FDD. Whereas

Burundi was formerly a developing country, it is now once again in a state of humanitarian

emergency. In some cases Burundians are deprived of their rights, such as the right to

education, for political reasons.

14. The number of Burundian refugees increased steadily until 31 March 2018, reaching

nearly 431,000; it then began to decline. The number today is estimated at 394,778,

accounting for 3.7 per cent of the Burundian population. 4 The Commission met with

persons recently granted refugee status who reported that checkpoints, in particular those

set up by Imbonerakure, have been stepped up at the country’s borders. In some cases,

human rights violations have been committed against individuals who were trying to flee or

who had returned to Burundi. Some of these persons have gone back into exile without

necessarily being registered in the host country.

B. Responsibility

1. Responsibility of the Burundian State

15. States have a threefold obligation to respect, protect and fulfil human rights,

including both civil and political rights and economic and social rights.

(a) Obligation to respect

16. The obligation to respect human rights requires States, their agents and persons

acting under their control to refrain from actively violating the rights of individuals.

(i) Responsibility of the State for the conduct of its organs

17. The Commission found that members of the National Intelligence Service and the

police, including high-ranking officials, were involved in the commission of a large number

of human rights violations in 2017 and 2018. Administrative authorities have also

committed or ordered the commission of human rights violations, including arbitrary arrest

and detention and ill-treatment.

18. New testimonies, including from former State and security officials, have confirmed

the central role being played by an informal structure surrounding the Head of State, often

referred to as the “committee of generals”, that includes State officials such as the Minister

of Public Security, the Administrator-General of the National Intelligence Service, the

heads of the President’s civil cabinet and office of police affairs, and the Secretary-General

of CNDD-FDD. This structure sets the policy on political and security issues, including the

measures to be taken in relation to opponents. It transmits its orders and directives through

a parallel hierarchy and chains of command based on a network of personal loyalties, some

of which date back to the time of the rebellion, whose composition varies from one

province or locality to another. The workings of this structure always involve more or less

4 Office of the United Nations High Commissioner for Refugees, 30 June 2018. See

https://data2.unhcr.org/en/situations/burundi.

6 GE.18-13070

high-ranking officials of the National Intelligence Service, the police, the army, the

administration and CNDD-FDD. In this regard, organs of the State are often

indistinguishable from organs of the ruling party.

19. The Government has imposed additional taxes and contributions, including for the

2020 elections (see para. 57), and has thereby exacerbated poverty and violated the

obligation of the State to take appropriate measures to ensure that all persons have an

adequate standard of living for themselves and their families.5 Discrimination by State

agents based on whether or not individuals belong to CNDD-FDD has had an impact on

specific rights, such as the right to education, and on employment in the civil service and in

public and public-private enterprises.

(ii) Responsibility of the State for the conduct of the Imbonerakure

20. The information gathered, in particular from former members of the Imbonerakure

and CNDD-FDD, confirms that the role of the Imbonerakure is growing in an overall

context of recruitment among the general public and persecution of political opponents and

persons perceived as such. The referendum campaign has given rise to numerous violations

by Imbonerakure, who, acting either alone or in the presence of law enforcement officers,

conduct checks to verify whether persons of voting age have registered and whether they

have paid their contributions for the 2020 elections. These checks have often served as a

pretext for extortion and theft. Forced recruitment into the Imbonerakure has also

reportedly been stepped up.

21. The increase in these activities and the wider latitude being left to the Imbonerakure

demonstrate their collusion with formal and informal structures of State repression (see

para. 18). The fact that the Imbonerakure are members of the “joint human security

committees”, along with representatives of the administration and the police, indicates that

they are acknowledged to play a role in the security apparatus. With the consent of local

governments, Imbonerakure have been used as auxiliaries or substitutes for law

enforcement in the country’s interior, where such forces have a reduced presence. Some

testimonies have even indicated that police operations against opponents have been led by

Imbonerakure.

22. The Commission is thus in a position to establish the responsibility of the Burundian

State for wrongful acts committed by Imbonerakure in four contexts: when their conduct is

acknowledged and adopted by agents of the State,6 when they act on the instructions or

under the direction of the latter,7 and when they act in “complete dependence” on or under

the “effective control” of such agents.

23. Imbonerakure have continued to make arrests on their own initiative, often with

violence, and to hand over the persons apprehended to the police or the National

Intelligence Service. The detention of such persons by law enforcement shows that the

latter have adopted the conduct of such Imbonerakure. This acknowledgement is also

demonstrated by the fact that no measures have been taken to put a stop to such conduct.

24. Imbonerakure have continued to act on the orders of officials, including high-

ranking officials, of the National Intelligence Service, the police and the Office of the

President. Some have taken part in law enforcement operations or operations against

opponents, acting alongside police or intelligence officers and in some cases wearing the

same uniforms or carrying the same weapons as the defence and security forces. Such

conduct by Imbonerakure has even taken place in prisons, such as the Mpimba prison in

Bujumbura, and in police holding cells.

25. The growing role and freedom of action of the Imbonerakure are entirely dependent

on the discretion of State power structures and on the impunity accorded by the latter. To

demonstrate the “complete dependence” of an organization on the State, international

5 International Covenant on Economic, Social and Cultural Rights, art. 11.

6 International Law Commission, articles on responsibility of States for internationally wrongful acts,

art. 11.

7 Ibid., art. 8.

GE.18-13070 7

jurisprudence nonetheless requires the existence of a particularly great degree of control, as

shown, for example, by the provision of considerable military and financial support and

systematic alignment with State policy.8 In this connection, witness statements confirm that

a group of demobilized soldiers, subsequently joined by Imbonerakure, was created in 2006

and has since been trained, armed and remunerated by the former Administrator-General of

the National Intelligence Service. Following the killing of that official in 2015, the group

was supplemented by new members selected and used by officials of the National

Intelligence Service, the police and the army to conduct operations, including summary

executions and targeted disappearances. On the basis of this information, the Commission

is of the view that the group is acting in complete dependence on the Burundian State.

26. The Commission remains convinced that the Imbonerakure often operate under the

“effective control” of the Burundian State. International jurisprudence requires that such

control be demonstrated in each case through the planning and organization of operations,

the issuance of orders or the provision of equipment by the State. 9 Several witness

statements attest to that level of control during operations carried out by Imbonerakure.

27. However, to date, international judges have issued rulings only in cases involving

entities acting outside the territory of the State in question. In such cases, the State must

have exercised direct control in order to be held accountable. The Imbonerakure, however,

are committing wrongful acts on Burundian territory. The State thus has more means at its

disposal, in particular of a legislative, judicial and financial nature, for putting an end to

their activities or, on the contrary, for promoting them through its action or deliberate

inaction. It is therefore in a position to exercise overall effective control over the

Imbonerakure. Given that the Imbonerakure have been involved in a wide range of

activities, including some within the purview of the Government; have in a number of cases

acted autonomously but with a freedom of action afforded by the authorities; and have

continued to enjoy near-total impunity, the Commission is of the view that the Burundian

State is responsible for the wrongful acts committed by the Imbonerakure, since it exercises

overall effective control. Therefore, under international law, the Burundian State may be

held accountable for all of the human rights violations attributable to the Imbonerakure.

(b) Obligation to protect

28. The State has a duty to protect the human rights of persons under its jurisdiction, in

particular when it knows or should have known of violations or abuses committed by third

parties. By allowing its agents and/or Imbonerakure who are responsible for such acts to go

unpunished, including by not conducting investigations or initiating proceedings against

them, the Burundian State is failing to meet its obligation to protect. By not taking action to

combat impunity and not undertaking a thorough reform of its judicial system (see paras.

62–65), the Burundian State is encouraging the repeated commission of human rights

violations and abuses.

(c) Obligation to fulfil

29. Article 2 of the International Covenant on Economic, Social and Cultural Rights

requires States parties to take steps to the maximum of their available resources with a view

to achieving progressively the full realization of the rights recognized therein. The fact that

international assistance to Burundi has decreased since 2015 as a result of violations of civil

and political rights does not relieve the Burundian State of its obligation to devote the

maximum of its available resources to the realization of economic and social rights. Yet the

Commission has noted that the country’s domestic resources are oriented more towards

defence and security expenditures and that there are many exemptions. The Commission

has also received information on the misappropriation and seizure of public property by

8 International Court of Justice, Application of the Convention on the Prevention and Punishment of the

Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports

2007. 9 Ibid.; see also International Court of Justice, Military and Paramilitary Activities in and against

Nicaragua (Nicaragua v. United States of America), Merits, Judgment, I.C.J. Reports 1986.

8 GE.18-13070

senior officials (see para. 60) in a country that is experiencing a humanitarian crisis and in

which much of the population is unable to enjoy the right to food.

2. Responsibility of armed groups and opposition political parties

30. The existence of armed groups at the border continues to pose a threat to the

country’s civilian population. To the Commission’s knowledge, none of these groups

claimed responsibility for an attack on Burundian soil in 2017 or 2018. Because the

Commission has not had access to victims and the Government has repeatedly refused to

hand over evidence, the Commission has been unable to corroborate the information it has

received on the involvement of armed groups in human rights violations in Burundi since

2015. In particular, it has not been able to identify the group responsible for the killing of at

least 24 people on 11 May 2018 in the district (commune) of Buganda, Province of

Cibitoke. The findings of the investigation carried out by the Burundian authorities have

not yet been released.

31. The Commission noted that on 3 and 5 April 2018, a call to arms via Twitter and

Facebook was issued by Jérémie Minani, a member of the governing body of the National

Council for the Restoration of the Arusha Peace and Reconciliation Agreement for Burundi,

the Constitution and the Rule of Law, which is a platform for opposition political parties in

exile. On 8 June 2018, the Civic Forum of Burundi issued a statement, signed by the

President of the Council and representatives of civil society organizations in exile, calling

for a “revolution” by the Burundian people. While the statement cannot be described as a

clear incitement to armed conflict, the use of revolutionary language nevertheless raises the

possibility of recourse to violence.

C. Violations of civil and political rights

1. Right to life

(a) Summary execution

32. While summary executions were not found to have taken place on a large scale, as

occurred in 2015, several witness statements attest to the persistence of such violations,

primarily against persons who belonged or were suspected of belonging to the opposition,

in particular when such persons refused to join CNDD-FDD, to register to vote in the

referendum or to pay contributions.

33. Most of those alleged to have perpetrated summary executions since 2017 have been

members of the National Intelligence Service, the police or the Imbonerakure. Members of

the Imbonerakure have acted either alone or in conjunction with the security forces, or

under the supervision of the latter.

34. The practice of concealing the bodies, including by weighing them down with stones

and throwing them into watercourses or by transporting them from one province or district

to another in order to make them harder to identify, has persisted. It also continues to be the

case that when bodies are found, they are simply buried and no investigation is conducted.

(b) Enforced disappearance

35. The phenomenon of arbitrary arrest and detention, including in secret locations, the

concealment of bodies and the impunity prevailing in the country have continued to create a

climate of secrecy that is conducive to cases of disappearance. This secrecy is exacerbated

by the restrictions imposed on independent journalists and civil society organizations and

by victims’ reluctance to file complaints for fear of reprisals. According to some

testimonies, individuals have disappeared following night-time raids on their homes carried

out by Imbonerakure. Cases of disappearance also continue to be attributed to officers of

the National Intelligence Service and the police.

36. At this stage of its investigations, the Commission has reasonable grounds to believe

that Léopold Habarugira, an official of the opposition party Union pour la paix et le

développement-Zigamibanga, who was arrested on 12 September 2017 by a group of

GE.18-13070 9

individuals including at least one person wearing a police uniform, has been a victim of

enforced disappearance.10 The same appears to be true of Mouvement pour la solidarité et la

démocratie members Bonaventure Havyarimana, Égide Habonimana, Lionel Hafashimana,

Bénius Mbanyenimanga and Emmanuel Nyabenda, who were arrested in Bujumbura on 2

March 2018 by officers of the National Intelligence Service. The twins Bukuru and Butoyi

Shabani, who were arrested in November 2016, and Évariste Nyandwi, alias Matwi, who

was arrested in December 2016, were detained in a house in Bujumbura that was used by

the National Intelligence Service as a secret place of detention. It is alleged that they were

subsequently executed by members of the National Intelligence Service. The Commission

has also gathered information on other cases in which it has reason to fear that enforced

disappearances have taken place.11

2. Right to liberty and security of person

37. Cases of arbitrary arrest and detention have continued to be perpetrated. Most such

cases have targeted persons affiliated with opposition political parties or opposition armed

groups or persons perceived as such, as well as persons who did not register to vote or who

called on voters to reject the constitutional amendment. Members of the former Burundian

Armed Forces (“ex-FAB”) and persons trying to flee the country have also been targeted, as

have persons — even those who were apolitical — who refused to join CNDD-FDD or the

Imbonerakure.

38. Arrests continue to be carried out by police officers, members of the National

Intelligence Service and administrative authorities. Collective arrests are sometimes made

in the wake of security incidents or in the case of political opponents. Imbonerakure act in

the presence of police officers and/or local authorities, or on their own initiative, before

handing the arrested persons over to the police. It is clear that these acts are arbitrary

because the Imbonerakure are not legally authorized to carry out arrests,12 the victims are

not informed of the reasons for their arrest and the arrests are conducted without a warrant

and, in some cases, in a violent manner.

39. Signs of arbitrary detention include the absence of a legal basis or the misuse of

vague descriptions such as “undermining the internal security of the State”, prolonged

detention without the possibility of appeal, failure to inform the detainee’s relatives and

lack of access to legal counsel. Relatives of persons wanted by the authorities have been

detained or threatened with arrest. Some individuals have been detained in police holding

cells before being taken to the National Intelligence Service or the Special Investigation

Brigade. Testimonies concerning detention in unofficial places have also been obtained, as

well as information on the use of police holding cells to detain Imbonerakure for internal

disciplinary purposes.

40. The same arbitrariness continues to be observed with regard to release from custody.

Some individuals have been released for no apparent reason, others because they knew

someone within the State apparatus and still others in exchange for what have sometimes

amounted to large sums of money. Some individuals who were freed upon acquittal or

presidential pardon have been rearrested or subjected to death threats, or are being sought

by State agents or Imbonerakure. In addition, some persons who were sentenced for

political reasons have been kept in detention even after they had been exonerated or had

completed the term of their sentence.

3. Torture and other cruel, inhuman or degrading treatment

41. Cases of torture and ill-treatment have persisted. While some of these acts have been

committed by officers of the National Intelligence Service and the police, the majority have

10 See the definition of “enforced disappearance” in article 2 of the International Convention for the

Protection of All Persons from Enforced Disappearance.

11 In these cases, some but not all elements of the definition of “enforced disappearance” are present.

For further details, see A/HRC/36/54, para. 38; see also A/HRC/36/CRP.1 and A/HRC/39/CRP.1.

12 Unless the person is arrested in flagrante delicto.

10 GE.18-13070

been committed by Imbonerakure acting alone, sometimes with the assistance or in the

presence of police officers.

42. Most of the victims in these cases have been young men who were, or were

perceived to be, sympathizers or members of opposition political parties and who refused to

join the ranks of CNDD-FDD or the Imbonerakure, or who were accused of joining armed

groups when they were trying to flee the country. Persons who had refused to register to

vote or who were suspected of calling on voters to reject the constitutional amendment

were targeted during the referendum campaign. In some cases, women have been subjected

to ill-treatment by Imbonerakure who were looking for a member of their family.

43. Most such acts of torture and ill-treatment have occurred in places of detention:

police or National Intelligence Service holding cells, the Mpimba central prison in

Bujumbura and unofficial places of detention such as private homes. There have also been

cases in which the acts occurred in public places, such as streets or fields. Some victims

were beaten or kicked on different parts of their bodies or were hit with stones, sticks, rods,

metal bars or rifle butts, or were attacked with sharp objects such as machetes or knives.

Some victims were burned with heated metal rods, and some were tied up or handcuffed. In

a number of cases, acts of torture were accompanied by threats, including death threats,

intimidation and verbal abuse, sometimes of an ethnically charged nature.

44. Several victims described conditions of detention in prisons and police cells that

constitute cruel, inhuman or degrading treatment, including overcrowding in cells,

unhealthy conditions and lack of food, water and medical care.

4. Sexual violence

45. The Commission documented numerous cases of sexual violence. The majority of

the victims are women, targeted because they or their spouses belonged or were thought to

belong to the opposition or because they refused to join the ranks of CNDD-FDD or the

Imbonerakure, sometimes out of a desire to remain apolitical. Most of the perpetrators were

Imbonerakure or other men who implied that they were acting on behalf of CNDD-FDD. In

most of the cases, the women were raped by one or several men during attacks on their

homes, which often took place at night. The rapes were often accompanied by other types

of physical violence against the victims and, in some cases, against other members of the

household. The perpetrators sometimes made death threats or ethnically charged remarks.

These acts, especially those committed for a specific purpose such as intimidation or

punishment because of the victim’s assumed political affiliation, constitute acts of torture.

46. In the context of detention, men have also been victims of sexual violence, including

cases of forced nudity and violence on the genital area. Such violence, which constitutes

torture, has taken place inter alia in National Intelligence Service cells. Sexual violence has

been perpetrated by police or National Intelligence Service officers, generally against

persons suspected of belonging to or supporting armed groups.

47. The fact that the victims often have not had access to appropriate health care has

exacerbated the consequences of sexual violence. Most of the victims have not filed

complaints because they were afraid of being stigmatized, did not have access to justice or

did not trust that effective measures would be taken against State agents or perpetrators

linked to CNDD-FDD. Several women who had been victims of sexual violence said that

they had informed the local authorities but that the latter had not taken any action. The

persistence of multiple forms of discrimination against women in Burundi is conducive to

sexual violence.

5. Civil liberties

(a) Freedom of expression

48. Most of the violations and restrictions that have been documented, particularly in the

context of the referendum campaign, have curtailed the freedom of expression. With regard

to the media, the National Communication Council, whose powers and subordination to the

executive branch were reinforced by an organization act adopted in March 2018, has

tightened its control over the media and journalists. In September 2017, the National

GE.18-13070 11

Communication Council revoked the licences of about a dozen media outlets, including

Radio publique africaine, Radio Bonesha FM and Radio-Télévision Renaissance, all of

which have been shut down since May 2015. The Council has also ordered a number of

suspensions. For example, it suspended radio broadcasts by the Chamber of Commerce and

Industry in October 2017 and broadcasts by the British Broadcasting Corporation (BBC)13

and Voice of America in May 2018, and has suspended certain sections of the online

newspapers Iwacu and Le Renouveau. Many independent journalists remain in exile. Others

have gone into exile in 2018, and those who are still working in Burundi continue to be

subjected to pressure, intimidation and restrictions on the part of local authorities, the

National Intelligence Service and Imbonerakure.

49. The Commission remains concerned about the frequent instances of incitement to

hostility or violence, which contravene article 20 of the International Covenant on Civil and

Political Rights. In particular, certain speeches made by the Head of State — especially

those of 18 November 2017, 12 December 2017 and 2 May 2018 — have threatened

opponents both within and outside CNDD-FDD. These speeches were echoed across the

country by local authorities and members of the ruling party. Melchiade Nzopfabarushe, a

former Chef de Cabinet in the Office of the President, was convicted at first instance of

having made remarks amounting to hate speech in April 2018, but his sentence was

significantly reduced on appeal and he has since been released. Other individuals who have

publicly made similar remarks have gone unpunished. In addition, as in previous years,

some Imbonerakure continue to chant militant and hateful slogans as a show of force.

(b) Freedoms of association and assembly

50. The situation of organizations whose authorizations have been suspended or revoked

and whose accounts have been frozen has not changed. The Burundian authorities have not

rescinded the international arrest warrants issued against the leaders of such organizations.

The two laws adopted in January 2017 on Burundian non-profit organizations and foreign

non-governmental organizations have limited those entities’ freedom of association by

considerably strengthening the authorities’ control over their activities and resources. The

Commission has continued to document arbitrary arrests, prosecutions and severe sentences

against members of civil society organizations still operating in Burundi, as illustrated by

the April 2018 sentencing of Germain Rukuki to 32 years’ imprisonment following an

unfair trial.

51. While the freedom of association is hampered in Burundi, its corollary, the freedom

not to associate, is also restricted. Many witnesses have reported that local officials of

CNDD-FDD and/or Imbonerakure have forced or attempted to force members of opposition

parties and persons with no political affiliation to join those two organizations. This

situation has given rise to threats, harassment, violence and, in some cases, killings or

arbitrary arrests.

52. Members of opposition parties have also been subjected to pressure and restrictions

that prevent them from holding public meetings, particularly in the context of the

referendum campaign. Several people reported that they had been forced to participate in

local meetings of CNDD-FDD.

(c) Freedom of movement

53. The Commission has noted that three types of interference with freedom of

movement have persisted: the use of “household record booklets” to keep track of

population movements; checkpoints in the vicinity of the country’s borders; and cases of

threats and harassment against persons whose family members have left Burundi. The

inspection of “household record booklets”, mainly by the police, has often given rise to

extortion. Checkpoints near the borders have been stepped up and such checks are often

carried out by Imbonerakure, sometimes in collaboration with the police. Cases of arbitrary

arrest, ill-treatment, extortion and threats at the checkpoints have been reported.

13 BBC subsequently apologized to the Government of Burundi.

12 GE.18-13070

54. In 2017 and 2018, freedom of movement was also hampered by roadblocks

throughout the country and checkpoints at the entrance to markets. Imbonerakure,

sometimes in collaboration with local governments, turned away persons who could not

show evidence that they had registered for the referendum or that they had paid

contributions for the 2020 elections or other levies.

D. Violations of economic and social rights

55. Political crises in Burundi have long had a direct impact on the enjoyment of

economic and social rights. The Arusha Agreement identifies the failure to satisfy the basic

needs of citizens as one of the causes of violence in Burundi.14 The crisis that broke out in

2015 was no exception. In 2016, Burundi went from a developing country to a country in a

state of humanitarian emergency.15 The United Nations Development Programme (UNDP),

the International Monetary Fund (IMF) and the African Development Bank have all

recorded zero or negative economic growth in Burundi since 2015. This reversal is taking

place in a country where growth is structurally “low and volatile”16 owing to a lack of

diversification of the economy, which is based primarily on an agricultural sector that is

dominated by subsistence activities and dependent on the vagaries of exports and weather.

56. IMF noted that the country’s growth prospects for 2018 would remain weak owing

to internal conflicts, political constraints and governance and security challenges, as well as

high levels of public debt.17 Such debt, which has been rising again since 2015, reflects the

burden of general expenditure by the State18 and the fact that the country’s international

partners have continued to suspend direct budget support and to reduce their donations

significantly on account of repeated human rights violations in Burundi.

57. In response to this situation, the Government turned to domestic debt, which has

“exploded”19 since 2015, further weakening the economy. It has also introduced new taxes

and duties and has increased existing ones. For example, taxes on sugar and on fuel and

lubricants were raised by 33 per cent and 95 per cent, respectively, between 2015 and 2018.

Added to this was the contribution “for the 2020 elections”, which was established

extralegally in December 201720 and duplicates a provision in the State’s 2017 budget. This

contribution, which is payable by civil servants, households and students of voting age, has

in a number of cases been collected forcibly, in particular by Imbonerakure. This has led to

cases of ill-treatment, arbitrary arrest and detention, threats, intimidation and persecution in

the event that a person is unwilling or unable to pay.

58. These levies, together with various ad hoc contributions imposed at the local level,

are impoverishing a population whose real per capita gross domestic product has shown

negative growth since 201521 and whose share of “non-poor” households was only 20.9 per

cent prior to the crisis. 22 Poverty is especially prevalent among households headed by

women who are single, widowed or divorced. 23 The population’s access to goods,

especially essential items imported from abroad, has been hindered by the rise in exchange

rates and inflation since 2015. In the space of two years, the number of people “in need”,

14 Arusha Peace and Reconciliation Agreement for Burundi, protocol III, art. 2.

15 United Nations humanitarian country team.

16 UNDP, Risques et vulnérabilités du développement humain de la République du Burundi, Bujumbura,

December 2016.

17 IMF, Regional Economic Outlook: Sub-Saharan Africa. Fiscal Adjustment and Economic

Diversification, Washington, D.C., October 2017.

18 UNDP, Risques et vulnérabilités (see note 16).

19 Ibid.

20 Ordinance No. 530/540/1772.

21 IMF, Regional Economic Outlook (see note 17).

22 Cadre stratégique de croissance et de lutte contre la pauvreté, CSLP II: 20122015, Bilan de mise en

œuvre, UNDP, December 2016.

23 World Bank, Burundi Poverty Assessment, November 2016.

GE.18-13070 13

mainly in terms of health care, food, water, hygiene and sanitation, increased from 1

million to 3.6 million, representing more than 34 per cent of the population.24

59. Against this backdrop, the Government has not redirected its domestic resources to

give priority to social spending, the demand for which has risen steadily in a country whose

population of 10.5 million is likely to double by 2030.25 On the contrary, a review of the

annual State budgets shows that the amount of domestic resources devoted to defence and

security expenditures has risen faster than the amounts allocated to basic services other than

education. This situation has had a disproportionate impact on women because of their

specific needs with regard to services, including health services, and because the lack of

social services increases the burden of unpaid work borne by women within the family.26

60. By way of example, the budgets allocated to the National Intelligence Service, the

Special Brigade for the Protection of Institutions and the Unit for the Protection of

Institutions (Appui à la protection des institutions), some of whose members have been

identified by the Commission as being among the main perpetrators of human rights

violations, were increased by 12 per cent, 13.3 per cent and 47.6 per cent, respectively,

between 2015 and 2018, while the domestic resources provided to the Ministry of

Agriculture and Livestock were reduced by 27.4 per cent.27 What is more, corruption and

misappropriation of public funds among high-level authorities are further depleting the

resources that the State should be devoting to efforts to safeguard the rights of the

population, especially with respect to food and health. Hundreds of people living with

AIDS are going without treatment, owing in particular to the dire shortage of certain items

in several of the country’s hospitals.

61. Recruitment of the population has had a direct impact on the economic and social

rights of individuals, including in schools, universities and professional circles. Some

teachers and students have been pressured or have been removed from their schools

because they refused to join CNDD-FDD, to pay the contribution for the 2020 elections or

to attend information meetings about the constitutional amendment. Others have had to

leave the country. Hiring decisions in the civil service and in public-private enterprises

have been dictated by whether or not the applicant belongs to CNDD-FDD. Trade unions

that are not affiliated with the majority party have come under threat and have difficulty

operating.

E. Dysfunction in the judicial system

62. An in-depth study of the judicial system28 has confirmed the long-standing lack of

judicial independence in Burundi, as the executive branch exercises institutional control

over judges and courts through its control of the Judicial Service Commission; most courts’

budgets are managed by the Government; judges are appointed and promoted in an

arbitrary manner; the principle that judges should have security of tenure is absent; and

judges are inadequately paid, creating a situation that is conducive to corruption.

Furthermore, the judicial system in Burundi does not have enough resources to function

properly, despite the recent construction and rehabilitation of courtrooms.

63. At the operational level, the Commission found examples of dysfunction in all

components of the criminal justice system. The executive branch frequently issues orders

and otherwise interferes with politically sensitive cases, either to protect members of

CNDD-FDD and the Imbonerakure by having them acquitted or released, or to have

opponents of the Government convicted and imprisoned. The use of the broadly and

vaguely defined offence of “undermining the internal security of the State” to prosecute

opponents has given rise to abuses. Interference by the authorities is sometimes

24 Humanitarian country team, Aperçu des besoins humanitaires au Burundi 2018, November 2017.

25 According to the World Bank, the annual population growth rate now stands at 3.1 per cent.

26 According to the World Bank, 90 per cent of the unpaid work done in Burundi is carried out by

women; see World Bank, Burundi Poverty Assessment (see note 23).

27 Calculated by the Commission.

28 See A/HRC/39/CRP.1.

14 GE.18-13070

accompanied by threats, including threats against the physical integrity of judges, and by

reprisals against judges if they do not follow instructions.

64. In cases involving political opponents, the rights of accused persons are routinely

violated at both the pretrial and the trial stages through restrictions on such persons’ access

to counsel or obstruction of the work of counsel. The right to a defence is also adversely

affected by the misuse of the flagrante delicto procedure, particularly in cases involving the

offence of “undermining the internal security of the State”, and the absence of an

institutionalized system of legal aid. The Commission also received several testimonies

indicating that lawyers have been subjected to intimidation.

65. The rules of criminal procedure are rarely observed: warrantless arrests of political

opponents are routinely carried out, pretrial detention is illegally extended and judges use

confessions made under torture as a basis for convicting defendants, over the objections of

defence counsel. Court decisions ordering the release of defendants are not always

respected. The inertia of the public prosecution service in most cases of human rights

violations and the reluctance of victims to seek redress, either because they have no faith in

the judicial system or because they have been threatened or intimidated, are impeding the

implementation of the right to an effective remedy29 and fostering impunity.

III. International crimes

A. Constituent elements and types of crimes

66. In view of the circumstances prevailing in 2017 and 2018, in particular the

persistence of human rights violations, the Commission has reasonable grounds to believe

that crimes against humanity continue to be committed in Burundi. The definition of such

crimes in article 7 (1) of the Rome Statute as “acts … committed as part of a widespread or

systematic attack directed against any civilian population, with knowledge of the attack”

continues to apply.

67. The attack involves the multiple commission of acts against a population consisting

primarily of civilians, pursuant to a State or organizational policy.30 In Burundi, it continues

to be the case that most of the victims are civilians, who are targeted mainly by the police,

the National Intelligence Service and the Imbonerakure because of their real or perceived

opposition to the Government and CNDD-FDD. The policy of the State is difficult to

distinguish from that of the majority party, as both are pursuing the same goal of keeping

CNDD-FDD and its leadership in power. The general public is regularly reminded of the

aim of this policy, as demonstrated by recent speeches made by President Nkurunziza and

statements made by representatives of CNDD-FDD at all levels, particularly in the context

of the referendum campaign (see para. 49).

68. The number of violations found in several provinces since 2017 and the multiplicity

of victims and perpetrators demonstrate the persistence of a widespread attack directed

against the civilian population. The systematic nature of the attack is also demonstrable,

given the existence of “patterns of crimes” constituting a “non-accidental repetition of

similar criminal conduct on a regular basis”.31

69. The attack continues to be carried out knowingly, as the perpetrators identified by

the Commission necessarily have an understanding of the context for their actions by

reason of their roles in the country’s political and security apparatus, as well as their

indoctrination within CNDD-FDD.

70. The Commission thus has reasonable grounds to believe that the crimes against

humanity which it identified previously (see A/HRC/36/54, paras. 69–74, and

29 International Covenant on Civil and Political Rights, art. 2.

30 Rome Statute, art. 7 (2) (a).

31 International Criminal Court, The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui,

decision of 30 September 2008.

GE.18-13070 15

A/HRC/36/54/Corr.1) continue to be committed in Burundi. These crimes include murder,

imprisonment or other severe deprivation of physical liberty, torture, rape and other forms

of sexual violence of comparable gravity, and persecution on political grounds. The

Commission remains cautious about describing the disappearances it has documented as

“enforced” within the meaning of this term under international criminal law, in view of the

difficulty, at the current stage of its investigations, of proving all the elements required

under the Rome Statute.32

B. Individual responsibility

71. The Commission has supplemented the list of alleged perpetrators of crimes against

humanity that it drew up during its initial mandate period, taking care to distinguish

between direct responsibility and the responsibility of military commanders and superiors.

The list remains confidential, in the interest of protecting the Commission’s sources and

respecting the principle of presumption of innocence. It will be turned over to the High

Commissioner for Human Rights at the end of the Commission’s mandate. In the

meantime, the Commission reserves the right to share it.

IV. Measures to protect civilians and prevent the recurrence of conflict

72. In the light of the foregoing, there is an urgent need to put an end to the human

rights violations and crimes against humanity which the Commission has reasonable

grounds to believe are continuing to be committed in Burundi. This imperative arises from

the responsibility to protect that lies first and foremost with the Burundian State, which

must take the necessary measures to ensure respect for human rights and to prosecute the

perpetrators of violations and abuses. It must also cooperate with the international human

rights mechanisms established by the Human Rights Council. Priority must be given to the

implementation of the recommendations made in January 2018 in the framework of the

third universal periodic review of Burundi and to cooperation with all special procedures

and treaty bodies that examine the situation in Burundi or request to visit the country.

73. In this regard, the Commission is concerned to note that, given the suspension since

October 2016 of the headquarters agreement of the Office of the United Nations High

Commissioner for Human Rights (OHCHR) office in Burundi; the limited deployment of

African Union observers, whose ability to operate in the country is hampered by the

absence of an agreement with the Government; and the Government’s recent lack of

cooperation in the implementation of Human Rights Council resolution 36/2, there are now

no independent international mechanisms in Burundi that are in a position to investigate

human rights violations. It is important for Burundi to reconsider its decision to withdraw

from the Rome Statute of the International Criminal Court and to review the composition

and functioning of the Independent National Human Rights Commission to ensure that that

body respects the principles relating to the status of national institutions for the promotion

and protection of human rights (the Paris Principles).

74. While putting an end to human rights violations remains a short-term imperative, in

the longer term it is also important to consider measures for preventing such violations. An

examination of the crisis that Burundi has been experiencing since 2015 reveals the root

causes, which persist to this day. The Commission has identified three main factors behind

the human rights crisis in Burundi: a narrowing of democratic space, especially since the

2010 elections; the incomplete and delayed implementation of the truth, justice and security

sector reform measures set out in the Arusha Agreement; and the shortage of land and

resources for a steadily increasing population.33 In this context, the struggle for power is

32 International Criminal Court, Elements of Crimes, The Hague, 2011, p. 11. See also

A/HRC/39/CRP.1.

33 See A/HRC/39/CRP.1.

16 GE.18-13070

aimed at gaining and keeping control over these resources for the purpose of personal

enrichment and to fund activities to counter all opposition.

75. It is disturbing to observe that the findings set out in 2000 in the Arusha Agreement

still characterize the situation today. Article 4 of Protocol I to the Agreement describes the

Burundi conflict as “fundamentally political” and as resulting from “a struggle by the

political class to accede to and/or remain in power”. It also identifies impunity, the lack of a

sound development policy, failure to respect the principles of good governance and human

rights and the “non-acceptance of peaceful coexistence, diversity and pluralism” as causes

of violence and insecurity in Burundi.34

76. In order to prevent the recurrence of conflict in Burundi, as analysed in the Arusha

Agreement, the Commission wishes to highlight a number of measures that fall within its

mandate. These measures, which are outlined in the recommendations below, concern steps

to safeguard civil liberties; thoroughly reform the judicial system and, in the meantime,

consider establishing an independent mechanism empowered to investigate human rights

violations in Burundi and to try the alleged perpetrators; reform the security sector and

establish credible civilian oversight mechanisms; give priority to maximizing the allocation

of resources for improving the population’s enjoyment of economic and social rights; and

carry out reforms, particularly in the area of landownership, to safeguard the right to

development.

V. Conclusions and recommendations

77. In the light of its investigations, the Commission of Inquiry on Burundi is in a

position to conclude that the serious human rights violations documented in the first

year of its mandate, including crimes against humanity, have persisted in 2017 and

2018. Such violations include cases of summary execution, disappearance (including

enforced disappearance), arbitrary arrest and detention, torture and other cruel,

inhuman or degrading treatment, sexual violence, and violations of civil liberties such

as the freedoms of expression, association, assembly and movement (see

A/HRC/36/54).

78. While the State entities that are most often implicated in these violations

continue to be the National Intelligence Service and the police, the Commission is

concerned about the growing role being played by the Imbonerakure in a situation in

which recruitment drives among the general public are being used as a means of

suppressing all opposition. The Burundian State is responsible for the violations

committed by Imbonerakure in this context.

79. Perpetrators of violations are operating in an overall climate of impunity. The

Commission has found that, as matters stand, the Burundian judicial system is both

unwilling and unable to identify and prosecute those responsible for violations.

80. The political crisis in Burundi has had a very negative impact on the countrys

economic and social situation and has fuelled an increase in poverty. The Government

has nonetheless imposed additional taxes and contributions, in contravention of the

right of all persons to an adequate standard of living, and has failed to devote the

greatest possible share of its domestic resources to the realization of economic and

social rights.

81. In this context, the Commission continues to believe that the Arusha Agreement

must remain the basis for any settlement of the crisis in Burundi. The Commission is

especially concerned to note that there are no independent international mechanisms

in Burundi that are in a position to investigate human rights violations.

82. As the Government of Burundi has not yet implemented the recommendations

put forward by the Commission in its previous report (A/HRC/36/54), the

34 Arusha Peace and Reconciliation Agreement for Burundi, protocol III, art. 2.

GE.18-13070 17

Commission reiterates those recommendations, in particular the ones contained in

paragraphs 86, 87, 111, 112, 113, 114 and 115.

83. The Commission recommends that the Human Rights Council extend the

mandate of the Commission for a period of one year, in view of:

(a) The persistence of serious human rights violations and abuses;

(b) The lack of action against perpetrators, especially the Imbonerakure,

some members of which have continued to be used by State agents for activities

contrary to human rights;

(c) The lack of other international mechanisms in a position to carry out

independent and thorough investigations into the human rights situation in Burundi.

84. The Commission also recommends that the Human Rights Council submit the

report and recommendations of the Commission to the United Nations Security

Council for its consideration.

85. The Commission recommends that the Government of Burundi take the

following measures as a matter of priority:

(a) Put an immediate end to the gross human rights violations being

committed by agents of the State and Imbonerakure;

(b) With the support of the international community, establish ad hoc

mechanisms with a mandate to investigate human rights violations and to prosecute

perpetrators of international crimes that are not being investigated by the

International Criminal Court;

(c) With the support of the international community, establish an

independent body with a mandate to investigate the cases of disappearance reported

since April 2015, locate potential mass graves, and exhume and identify the remains;

(d) Take measures to ensure that victims of torture and women survivors of

sexual violence have access to appropriate care, including free access to all sexual and

reproductive health services and to psychological support;

(e) Implement the Guidelines on Combating Sexual Violence and its

Consequences in Africa adopted by the African Commission on Human and Peoples

Rights;

(f) Control price increases, in particular by reviewing duty and tax

increases that are undermining the populations right to an adequate standard of

living and by abolishing contributions that disproportionately affect the poorest

sectors;

(g) Cooperate with international human rights mechanisms, in particular

by:

(i) Resuming the practice of allowing special procedures mandate holders to

conduct missions to Burundi;

(ii) Implementing the recommendations of the universal periodic review,

treaty bodies and special procedures, including by establishing a national

mechanism for reporting and follow-up;

(h) Authorize the Office of the United Nations High Commissioner for

Human Rights to resume all its activities in Burundi without hindrance;

(i) Sign and implement the memorandum of understanding with the

African Union and permit the full deployment of the 100 human rights observers

provided for therein.

18 GE.18-13070

86. For the medium and longer terms, the Commission also recommends that the

Government of Burundi:

(a) Amend the Organization Act of 8 March 2018 amending Act No. 01/03 of

24 January 2013 on the mandate, composition, organization and functioning of the

National Communication Council with a view to ensuring the latters independence;

(b) Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance;

(c) Amend the Code of Criminal Procedure to align its provisions with

international standards, in particular the provisions on time limits for police custody

and on oversight of detention, night-time and warrantless searches, the flagrante

delicto procedure and the offence of undermining the internal security of the State,

and provisions that grant de jure impunity to judges and to officers of the criminal

investigation police (police judiciaire);

(d) Put an end to arbitrary detention and improve conditions of detention

by:

(i) Implementing the Guidelines on the Conditions of Arrest, Police Custody

and Pre-Trial Detention in Africa adopted by the African Commission on

Human and Peoples Rights;

(ii) Ensuring that detention is subject to oversight measures for assessing its

legality and compatibility with human rights;

(e) In the absence of an independent and efficient judicial system, cooperate

fully with the International Criminal Court in the investigation opened on 25 October

2017;

(f) Undertake an in-depth reform of the judicial system to ensure its

independence, impartiality and effectiveness, including by:

(i) Implementing the Principles and Guidelines on the Right to a Fair Trial

and Legal Assistance in Africa adopted by the African Commission on Human

and Peoples Rights;

(ii) Publishing the conclusions of the national forum on the justice system

held in 2013 and convening a meeting of justice-sector stakeholders and

international partners to discuss follow-up action;

(iii) Increasing the budget for the justice sector and ensuring that it is

managed autonomously;

(iv) Raising the pay levels of judges in the ordinary courts and increasing the

resources and facilities available to them;

(v) Computerizing court registries;

(vi) Reviewing the composition of the Judicial Service Commission to ensure

that the majority of its members are appointed by their peers;

(vii) Reviewing procedures for the appointment, assignment, evaluation and

promotion of judges to ensure that such procedures are not dependent on the

executive branch;

(viii) Ensuring strict observance of the principle that judges should have

security of tenure;

(ix) Protecting and safeguarding the independence of the judiciary by

prohibiting any interference in the administration of justice by government

authorities, members of the ruling party or members of the defence and

security forces, and imposing penalties on anyone who influences or seeks to

influence the administration of justice;

(x) Developing legal aid programmes for persons belonging to the most

vulnerable groups;

GE.18-13070 19

(xi) Strengthening victim and witness protection mechanisms and improving

their effectiveness in order to restore public trust and encourage witnesses to

come forward without fear for their safety;

(g) In consultation with the beneficiaries, establish a reparations

programme for victims of human rights violations, ensuring that material, symbolic,

individual and collective reparations are made available regardless of whether or not

the perpetrators are convicted;

(h) Establish the State fund for victims of torture provided for by law, in

conformity with general comment No. 4 on the African Charter on Human and

Peoples Rights, adopted by the African Commission on Human and Peoples Rights,

concerning the right to redress for victims of torture and other cruel, inhuman or

degrading punishment or treatment (art. 5);

(i) Establish a compensation fund for victims of arbitrary and unlawful

detention;

(j) Reform the security sector by:

(i) Ensuring that outsiders are not involved in defence or security activities;

(ii) Clearly defining the roles of the various defence and security forces, in

particular the National Intelligence Service;

(iii) Suspending members of the defence and security forces who are

suspected of involvement in human rights violations until the relevant

investigations and judicial proceedings have concluded;

(iv) Establishing rigorous and transparent selection procedures that include

vetting mechanisms;

(v) Strengthening democratic civilian control over the defence and security

forces, in particular the National Intelligence Service;

(k) Meet its international obligations to respect, protect and fulfil economic

and social rights by:

(i) Developing and implementing State budgets in such a way as to

maximize the use of available resources to ensure that the human rights of the

sectors impoverished by the political crisis are respected, in particular the

rights to food, water and health care, and to develop indicators disaggregated

by factors such as gender in order to better inform its policies;

(ii) In consultation with population groups working in the agricultural

sector, including women, undertaking reforms with the aim of better protecting

womens rights and making better use of land for agriculture, and developing

employment opportunities outside the agricultural sector;

(iii) Taking a rights-based approach to the settlement of land conflicts,

including those involving persons who fled Burundi either before or after 2015;

(iv) Ending the inclusion of any political considerations in hiring processes

for the civil service, State enterprises and public-private enterprises.

87. The Commission recommends that political parties and armed opposition

groups refrain from engaging in any attacks on Burundian territory and from any

speech calling for violence, and that they join the effort to find a lasting solution to the

political crisis.

88. The Commission recommends that the African Union, in its efforts to find a

lasting solution to the crisis in Burundi, give priority to respect for human rights and

the rejection of impunity, as provided for in its Constitutive Act.

20 GE.18-13070

89. The Commission recommends that the technical and financial partners of

Burundi:

(a) Suspend, or maintain the suspension of, any direct budget support to the

Government until such time as priority is given to the allocation of domestic resources

for the fulfilment of the Sustainable Development Goals and the economic and social

rights of the population, and effective measures are taken against corruption;

(b) Ensure that grants and financing provided to the Government are

earmarked for projects to meet the populations needs, and ensure that such funding

is managed effectively and transparently;

(c) Regularly evaluate the impact of financial sanctions on the people of

Burundi.

90. The Commission recommends that the guarantors of the Arusha Agreement, in

their capacity as committed proponents of a lasting peace in Burundi, continue to seek

a durable solution to the political and human rights crisis that will preserve and

safeguard the achievements of the Arusha Agreement.

GE.18-13070 21

Annexes

Annex I

Map of Burundi

22 GE.18-13070

Annex II

Correspondence with the Government of Burundi

1. Note verbale sent to the Permanent Mission of Burundi on 10 October 2017

GE.18-13070 23

2. Note verbale sent to the Permanent Mission of Burundi on 30 November 2017,

transmitting a letter addressed to the Minister for Foreign Affairs and International

Cooperation of Burundi

24 GE.18-13070

GE.18-13070 25

26 GE.18-13070

3. Note verbale sent to the Permanent Mission of Burundi on 11 January 2018

GE.18-13070 27

4. Letter sent to the Permanent Mission of Burundi on 2 March 2018

28 GE.18-13070

GE.18-13070 29

5. Note verbale sent to the Permanent Mission of Burundi on 13 March 2018

30 GE.18-13070

6. Note verbale sent to the Permanent Mission of Burundi on 26 June 2018