RES/33/24 Situation of human rights in Burundi

GE.16-17167(E)



Human Rights Council Thirty-third session

Agenda item 4

Resolution adopted by the Human Rights Council on 30 September 2016

33/24. Situation of human rights in Burundi

The Human Rights Council,

Guided by the principles and purposes of the Charter of the United Nations,

Recalling the Universal Declaration of Human Rights, the International Covenants

on Human Rights and other relevant international human rights instruments,

Recalling also General Assembly resolution 60/251 of 15 March 2006 and Human

Rights Council resolution 5/1 of 18 June 2007,

Recalling further Human Rights Council resolutions 30/27 of 2 October 2015, on

technical assistance and capacity-building for Burundi in the field of human rights, and S-

24/1 of 17 December 2015, on the prevention of the deterioration of the human rights

situation in Burundi,

Recalling Security Council resolutions 2248 (2015) of 12 November 2015, 2279

(2016) of 1 April 2016 and 2303 (2016) of 29 July 2016,

Reaffirming that States have the primary responsibility for the promotion and

protection of all human rights and fundamental freedoms,

Stressing the primary responsibility of the Government of Burundi for ensuring

security in its territory and protecting its population with respect for the rule of law, human

rights and international humanitarian law, as applicable,

Reaffirming its strong commitment to the sovereignty, political independence,

territorial integrity and unity of Burundi,

Reaffirming also the Arusha Agreement, which has been the basis for the

Constitution of Burundi, and provides the foundation for peacebuilding, national

reconciliation and the strengthening of democracy and the rule of law,

Considering that the international community, including the Human Rights Council,

can play an important and helpful role in preventing the further deterioration of the human

rights situation in Burundi by highlighting the human rights violations and abuses and the

risk of escalation of the conflict,

Recognizing the importance of the prevention of human rights violations and abuses

in Burundi, especially in the context of past mass atrocities in the region,

Expressing grave concern about the increase in violence and the serious human

rights violations and abuses in Burundi since the beginning of the crisis in April 2015,

Stressing the urgency of convening a genuine and inclusive inter-Burundian

dialogue, based on respect for the Constitution and the Arusha Agreement, and welcoming

in this regard the meetings recently organized in the framework of the political dialogue for

Burundi under the auspices of the Facilitator of the East African Community, Benjamin

William Mkapa, and the conclusion on Burundi adopted by the Heads of State at the

Summit of the East African Community on 8 September 2016, in Dar es-Salaam,

Noting with appreciation the support of the international community for the search

for a peaceful solution to the crisis facing Burundi, including, inter alia, the efforts of the

African Union, the East African Community, the African Commission on Human and

Peoples’ Rights, previous independent experts on Burundi and the Peacebuilding

Commission,

Noting decision 1 (90) adopted by the Committee on the Elimination of Racial

Discrimination, at its ninetieth session under its early warning and urgent action

procedures, on Burundi,

Noting also the statement of 24 August 2016 on Burundi, made by the Special

Adviser on the Prevention of Genocide, in which he expressed his concerns about

inflammatory statements by public officials that could constitute an incitement to violence,

Noting positively the cooperation of the Government of Burundi with the United

Nations High Commissioner for Human Rights and with the group of independent experts

established by the Human Rights Council in its resolution S-24/1,

Welcoming the work of the group of independent experts, and expressing deep

concern about the content of their final report,1

Alarmed by the conclusions made by the independent experts that gross violations

are systematic and patterned and that impunity is pervasive, and that without determined

action by the Government of Burundi and robust and renewed engagement by the

international community, including the United Nations and the African Union, the

downward spiral of the country will be difficult to stop,

Reaffirming the expectations of cooperation by States Members of the Human

Rights Council with international human rights mechanisms, and giving due consideration

to the recommendation regarding Burundi by the group of independent experts established

by the Council in its resolution S-24/1,

1. Expresses its deep concern about the continuous and accelerated deterioration

of the human rights, economic and humanitarian situation in Burundi, in particular the

situation of women and children;

2. Strongly condemns all violations and abuses of human rights in Burundi by

all actors, particularly those involving mass arbitrary arrests and detentions, including cases

involving children, cases of torture and other cruel, inhuman and/or degrading treatment,

extrajudicial killings, enforced disappearances, sexual and gender-based violence,

persecution of and threats against members of civil society, journalists, members of the

opposition and demonstrators, including young demonstrators, and restrictions on the

1 A/HRC/33/37.

freedoms of expression, peaceful assembly and association, creating a climate of

intimidation and fear that paralyses the whole of society;

3. Expresses grave concern that the independent experts cannot exclude that

some of these serious human rights violations and abuses constitute crimes against

humanity;

4. Alarmed by information about the existence of unacknowledged places of

detention, which include secret cells within national intelligence service (SNR) compounds,

and the private residences of high-level officials;

5. Expresses grave concern about the reports that most of the violations and

abuses are being committed by the Burundian security forces and the Imbonerakure in a

climate of impunity;

6. Deplores the fact that, although in certain cases investigations into serious

human rights violations and abuses have been launched, they have not yielded credible

results;

7. Denounces all parties whose actions contribute to the persistence of violence

and hinder the promotion of a peaceful solution to the crisis, including armed groups, such

as the Imbonerakure;

8. Expresses concern about the situation of Burundian human rights defenders,

many of whom are forced into exile, and calls upon the Government of Burundi to allow

human rights defenders to work in Burundi, and to protect their human rights;

9. Strongly condemns all public statements coming from inside or outside the

country that incite violence or hatred towards different groups in Burundian society, and

demands that the Government of Burundi and other parties refrain from any statements or

actions that could exacerbate tensions and publicly condemn any such statements, so as to

take into account the best interests of the country and to respect fully the letter and the spirit

of the Arusha Agreement, a backbone for peace and democracy;

10. Calls upon the Government of Burundi to respect, protect and guarantee all

human rights and fundamental freedoms for all, in line with the State’s international

obligations, to adhere to the rule of law and to undertake transparent accountability for acts

of violence;

11. Also calls upon the Government of Burundi to comply fully with its

responsibilities and to ensure the safety and the protection of its population in full respect of

international law;

12. Reaffirms its call on the Burundian authorities to conduct thorough and

independent investigations of crimes involving serious violations and abuses of human

rights so that all perpetrators, regardless of their affiliation, are held to account before a

court;

13. Notes the opening by the Prosecutor of the International Criminal Court in

April 2016 of a preliminary examination into the situation in Burundi since April 2015, and

recalls the obligations of Burundi as a State party to the Rome Statute of the International

Criminal Court, including its obligation to fight impunity for crimes falling within the

jurisdiction of the Court;

14. Also notes the reports of a decrease in the number of extrajudicial killings,

and the steps taken by the Government of Burundi to withdraw some bans on media and

civil society organizations, to cancel some arrest warrants and to release a number of

detainees, calls for the immediate end to all extrajudicial killings and all other human rights

violations and abuses, and urges the Government to authorize all media outlets to resume

freely their activities, and to release all political prisoners;

15. Deplores the unprecedented non-cooperation of the Government of Burundi

with the Committee against Torture during the review of the State on 29 July 2016, and the

retaliatory threat to disbar Burundian lawyers participating in the review;

16. Recalls that all States Members of the Human Rights Council should uphold

the highest standards in the promotion and protection of human rights, reiterates its urgent

call to the Government of Burundi to be mindful of these standards, and notes the

importance of cooperation with international human rights mechanisms as part of those

efforts;

17. Encourages the Government of Burundi to cooperate with the regionally led

mediation to enable it to immediately convene an inclusive and genuine inter-Burundian

dialogue involving all concerned and peaceful stakeholders, both those who are in Burundi

and those outside the country, including the meaningful participation of women, in order to

reach a consensual and nationally owned solution that would aim to preserve peace,

strengthen democracy and ensure the enjoyment of human rights for all in Burundi;

18. Invites the Government of Burundi to respect its commitment, expressed in

its letter to the President of the Security Council on 15 July 2016, to facilitate without delay

the deployment of a United Nations police component, including 228 United Nations police

officers, as foreseen by the Council in its resolution 2303 (2016), and urges the

Government to guarantee unhindered access by United Nations staff to detention centres

and detainees;

19. Calls upon the Burundian authorities to ensure equitable political processes

and to enable the holding of free, fair and transparent democratic elections;

20. Welcomes and supports the ongoing efforts made at the regional and

subregional levels, including by the East African Community and the Peace and Security

Commission of the African Union, to monitor the situation of human rights in Burundi and

to contribute to its improvement;

21. Welcomes the work of the African Union human rights observers deployed in

Burundi, and encourages the full deployment of all observers as soon as possible;

22. Expresses its deep concern about the difficult situation of the more than

295,000 Burundians who have fled to neighbouring countries and of some 100,000

internally displaced persons, and welcomes the efforts of host countries;

23. Decides to create for a period of one year a commission of inquiry:

(a) To conduct a thorough investigation into human rights violations and abuses

in Burundi since April 2015, including on their extent and whether they may constitute

international crimes, with a view to contributing to the fight against impunity;

(b) To identify alleged perpetrators of human rights violations and abuses in

Burundi with a view to ensuring full accountability;

(c) To formulate recommendations on steps to be taken with a view to

guaranteeing that the authors of these violations and abuses, regardless of their affiliation,

are held accountable for their acts;

(d) To engage with the Burundian authorities and all other stakeholders, in

particular United Nations agencies, civil society, refugees, the field presence of the Office

of the High Commissioner in Burundi, authorities of the African Union, and the African

Commission on Human and Peoples’ Rights, in order to provide the support and expertise

for the immediate improvement of the situation of human rights and the fight against

impunity;

(e) To present an oral briefing to the Human Rights Council at its thirty-fourth

and thirty-fifth sessions, and a final report during an interactive dialogue at its thirty-sixth

session;

(f) To present its report to the General Assembly and other relevant international

bodies;

24. Urges 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;

25. Requests the immediate operationalization of the commission of inquiry, and

also requests that the Office of the High Commissioner be provided with all the resources

necessary, including in specialized ballistic and forensic expertise, and expertise in sexual

and gender-based violence, to fulfil the mandate;

26. Decides to remain seized of the matter.

41st meeting

30 September 2016

[Adopted by a recorded vote of 19 to 7, with 21 abstentions. The voting was as follows:

In favour:

Albania, Belgium, El Salvador, France, Georgia, Germany, Ghana, Latvia,

Mexico, Mongolia, Netherlands, Panama, Paraguay, Portugal, Republic of

Korea, Slovenia, Switzerland, the former Yugoslav Republic of Macedonia

United Kingdom of Great Britain and Northern Ireland

Against:

Bolivia (Plurinational State of), Burundi, China, Cuba, Morocco, Russian

Federation, Venezuela (Bolivarian Republic of)

Abstaining:

Algeria, Bangladesh, Botswana, Congo, Côte d’Ivoire, Ecuador, Ethiopia,

India, Indonesia, Kenya, Kyrgyzstan, Maldives, Namibia, Nigeria,

Philippines, Qatar, Saudi Arabia, South Africa, Togo, United Arab Emirates,

Viet Nam]