RES/39/14 Situation of human rights in Burundi

GE.18-16541(E)



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda item 4

Resolution adopted by the Human Rights Council on 28 September 2018

39/14. 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, S-

24/1 of 17 December 2015, 33/24 of 30 September 2016, 36/2 of 28 September 2017 and

36/19 of 29 September 2017,

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 to respect, protect and fulfil

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 in compliance with the rule of law,

human rights law and international humanitarian law, as applicable,

Reaffirming its strong commitment to the sovereignty, political independence,

territorial integrity and national unity of Burundi,

Recalling the Arusha Peace and Reconciliation Agreement for Burundi, which

provides the foundation for peacebuilding, national reconciliation and the strengthening of

democracy, good governance, pluralism and the rule of law,

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

can play a relevant role in preventing human rights violations and abuses and in mitigating

the risk of escalation of conflict and deterioration in humanitarian situations,

Noting the constitutional referendum of 17 May 2018, which was held in a climate

of intimidation and repression,

United Nations A/HRC/RES/39/14

Welcoming the announcement of the President of Burundi not to run in the

presidential election in 2020 as an encouraging sign contributing to opening up public and

democratic space ahead of the election and to attaining a rule-based change of power,

Welcoming also the efforts of the facilitator for the inter-Burundi dialogue led by the

East African Community, President Benjamin William Mkapa, and the mediator, President

Yoweri Museveni, and the renewed commitment expressed by the Heads of State at the

nineteenth ordinary summit of the East African Community on 23 February 2018 to a

peaceful resolution of the political situation in Burundi by opening up political space and

through inclusive dialogue based on the principles of the Arusha Agreement, notably ahead

of the presidential election in 2020,

Noting with appreciation the repeated efforts made by the international community,

including those by the African Union, the East African Community, the African

Commission on Human and Peoples’ Rights, the Peacebuilding Commission, the Special

Envoy of the Secretary-General for Burundi and the European Union, to find a peaceful,

consensual and long-lasting solution to the current crisis,

Taking note of the report of the Secretary-General on the situation in Burundi1 and

the observations and recommendations contained therein, including those on the need to

convene an inclusive dialogue and to re-establish cooperation with United Nations human

rights mechanisms,

Recalling the statement made by the President of the Security Council on 5 April

20182 and Council press statement of 22 August 2018, in which the members of the Council

voiced their deep concern at the political situation in Burundi, the slow progress of the

inter‑Burundian dialogue and the lack of engagement by the Government of Burundi in that

process, while expressing alarm at the continuously worrying human rights and

humanitarian situation, in particular regarding fundamental freedoms, and recalled the

commitments made by the Government during the thirty‑sixth session of the Human Rights

Council to re-establish full mutual cooperation with the Office of the United Nations High

Commissioner in Bujumbura and to accept the visit of a team of three experts from the

Office of the High Commissioner,

Recalling also resolution 396 on the human rights situation in Burundi, adopted by

the African Commission on Human and Peoples’ Rights at its sixty-second ordinary

session, held from 25 April to 9 May 2018, in which it called upon the Government of

Burundi to conduct without delay transparent and impartial investigations against all those

responsible for human rights violations and abuses in order to bring the perpetrators to

justice,

Welcoming the work of the Commission of Inquiry on Burundi, including its recent

report,3 and deploring the continued refusal by the Government of Burundi to cooperate

with the Commission by, inter alia, denying it access to the country,

Deploring the decision by the Government of Burundi to declare the three members

of the Commission of Inquiry on Burundi persona non grata in retaliation for the report

presented by the Commission to the Human Rights Council at its thirty-ninth session,3 and

urging the Government to reconsider and revoke its decision,

Deploring also the threats, intimidation and personal attacks being directed by

representatives of the Government of Burundi against the members of the Commission of

Inquiry, including during the interactive dialogues held by the Human Rights Council and

the Third Committee,

Deploring further the lack of follow-up by the Government of Burundi on the

recommendations made the Commission of Inquiry in its previous report,4

1 S/2018/89.

2 S/PRST/2018/7.

3 A/HRC/39/63.

4 A/HRC/36/54 and Corr.1.

Noting the downgrading of the accreditation of the Independent National Human

Rights Commission of Burundi from A to B status as of 21 February 2018, and encouraging

the State and the Commission to address the recommendations made by the Sub-Committee

on Accreditation of the Global Alliance of National Human Rights Institutions with regard

to facilitating the reinstatement of A status accreditation, in full compliance with the

principles relating to the status of national institutions for the promotion and protection of

human rights (the Paris Principles),

Regretting the refusal by the Government of Burundi to cooperate fully in the

implementation of Human Rights Council resolution 36/2, initiated by the African Group,

by cancelling the visas of experts being deployed to the country,

1. Condemns in the strongest terms all acts of violence committed in Burundi

by all parties or individuals, including the appalling attack against civilians perpetrated in

Ruhagarika on 11 May 2018, and expresses deep concern at the continuously worrying

human rights and humanitarian situation in Burundi, which particularly affects women and

children;

2. Strongly condemns all human rights violations and abuses that persist in

Burundi, particularly those involving extrajudicial killing, enforced disappearance, arbitrary

arrest and detention, cases of torture, and other ill-treatment, sexual or gender-based

violence, persecution of members of civil society, journalists and bloggers, members of the

political opposition and demonstrators, and restrictions on the freedoms of expression,

peaceful assembly and association, contributing to a climate of intimidation among the

population;

3. Expresses grave concern at the findings of the Commission of Inquiry on

Burundi with regard to the increased number of human rights violations and abuses

committed by the Burundian defence and security forces, including the national intelligence

service, the police and the armed forces and the Imbonerakure, the youth wing of the ruling

party, in a climate of widespread impunity, while providing reasonable grounds to believe

that some human rights violations may constitute crimes against humanity, as first found by

the Commission of Inquiry with regard to the events of 2015 and 2016 in its report;4

4. Expresses particular concern at the growing role of the Imbonerakure, which

the Commission of Inquiry found was being used as a substitute for law enforcement,

particularly in the interior of the country, and in this context notes the possible

responsibility of the Government of Burundi for the wrongful acts by the Imbonerakure;

5. Condemns the practice of widespread impunity for all human rights

violations and abuses and related crimes, while noting that the few investigations launched

by the Government of Burundi have not yielded any credible or tangible results, and

reaffirms its call upon the Burundian authorities to conduct full, impartial, independent,

effective and thorough investigations into serious violations and abuses of human rights so

that all perpetrators, regardless of their affiliation, are held to account before a court and all

victims are allowed access to effective remedy and adequate reparation;

6. Strongly urges the Government of Burundi to give due consideration to the

recommendations made by the Commission of Inquiry in its reports, and to implement them

as appropriate;

7. Strongly condemns all statements made inside and outside the country that

incite to discrimination, hate, violence or segregation against Burundian citizens, including

civil society actors;

8. Expresses concern at the deregistration and continued suspension of a

number of civil society organizations and political groups in Burundi, and at the

intimidation, harassment, arbitrary arrest and criminalization of human rights defenders,

most of whom have been forced into exile, and urges the Government of Burundi to ensure

a safe and enabling operating environment for human rights defenders and civil society

organizations to permit all media outlets to resume their activities free from harassment,

intimidation or bullying, and to release all human rights defenders who have been

arbitrarily sentenced;

9. Welcomes the announcement made by Burundian authorities earlier in 2018

of the release of more than 2,000 prisoners following the presidential pardon granted on 31

December 2017, and calls upon the Government of Burundi to release all those who have

been arbitrarily arrested and are still being detained;

10. Urges the Government of Burundi to put an immediate end to all human

rights violations and abuses to ensure the safety, physical integrity and protection of its

population, while fully adhering to international human rights and humanitarian law, to

respect, protect and fulfil all human rights and fundamental freedoms for all, including

freedom of expression, to promote the rule of law and to ensure accountability for those

who have committed unlawful acts of violence;

11. Calls upon the Government of Burundi to follow up on and implement the

recommendations accepted by the State in the context of its universal periodic review on 18

January 2018 and at its two previous reviews and to, inter alia, take the measures necessary

to ensure that the Independent National Human Rights Commission fully complies with the

Paris Principles;

12. Notes the opening in April 2016 by the Prosecutor of the International

Criminal Court of an investigation effective as of 25 October 2017 following the finding

made by the Pre-Trial Chamber that the supporting materials presented by the Prosecutor

constituted a reasonable basis to proceed with an investigation in relation to crimes against

humanity allegedly committed since at least 26 April 2015 by State agents and other

groups, such as the Imbonerakure, implementing State policies, and stresses the relevance

of the findings and the evidence collected by the Commission of Inquiry to international

accountability mechanisms;

13. Calls upon the Government of Burundi to cooperate fully with the

International Criminal Court in relation to the investigation that was authorized and

initiated before the withdrawal of Burundi from the Rome Statute came into force;

14. Deplores the continued suspension of cooperation with the Office of the

United Nations High Commissioner for Human Rights, underlines the need to enable the

Office of the High Commissioner to fulfil its mandate and to resume its activities, including

its monitoring and reporting functions, with full access to persons and locations, and urges

the Government of Burundi promptly to finalize the agreement with the Office without

undue conditions or further delays;

15. Urges the Government of Burundi to cooperate fully with the treaty bodies,

to allow special procedure mandate holders to visit the country and to stop any reprisal

against human rights defenders who are cooperating with international human rights

mechanisms, including the Human Rights Council;

16. Welcomes the work of the African Union human rights observers in Burundi

and reiterates its urgent call upon the Government of Burundi to sign without further delay

the memorandum of understanding with the African Union, which will allow the human

rights observers and military experts of the African Union to operate fully in the country in

fulfilment of their mandated responsibilities;

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

the highest standards in the promotion and protection of human rights and fundamental

freedoms, notes the importance of cooperation with international and regional human rights

mechanisms as part of those efforts, and deplores the lack of respect shown by the

Government of Burundi for those standards;

18. Encourages the Government of Burundi to cooperate, without preconditions,

with the regionally led mediation efforts to create conditions for an inclusive and genuine

inter-Burundian dialogue that ensures the participation of women and involves all relevant

stakeholders, including civil society representatives, from both inside and outside the

country;

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

and to enable a safe and open environment that is conducive to the holding of inclusive and

transparent democratic elections in accordance with international democratic standards;

20. Expresses its deep concern at the difficult situation of Burundians who have

fled the country, including of the nearly 400,000 Burundians who are currently settled in

five neighbouring countries, underlines the importance of upholding the voluntary nature of

return, calls upon Governments in the region to continue their efforts with a view to

ensuring that those returns are voluntary, based on informed decisions and in safety and

dignity, and welcomes the efforts of neighbouring countries and the international

community to provide humanitarian support to those persons;

21. Requests the Commission of Inquiry on Burundi to share its report3 and

recommendations with the African Union and all relevant organs of the United Nations for

their consideration;

22. Decides to extend the mandate of the Commission of Inquiry on Burundi in

order for it to deepen its investigations until it presents a final report to the Human Rights

Council during an interactive dialogue at its forty-second session and to the General

Assembly at its seventy-fourth session, and requests the Commission to present an oral

briefing to the Council at its fortieth and forty-first sessions during an interactive dialogue;

23. Urges the Government of Burundi to cooperate fully with the Commission of

Inquiry, to authorize it to conduct country visits and to provide it with all the information

necessary to properly fulfil its mandate;

24. Requests the Office of the High Commissioner to provide all the resources

necessary to the Commission of Inquiry to allow it to fulfil its mandate properly;

25. Decides to remain seized of the matter.

40th meeting

28 September 2018

[Adopted by a recorded vote of 23 to 7, with 17 abstentions. The voting was as follows:

In favour:

Australia, Belgium, Brazil, Chile, Croatia, Ecuador, Germany, Hungary,

Iceland, Japan, Mexico, Mongolia, Panama, Peru, Republic of Korea,

Rwanda, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Arab

Emirates,5 United Kingdom of Great Britain and Northern Ireland

Against:

Burundi, China, Cuba, Democratic Republic of the Congo, Egypt, Saudi

Arabia, Venezuela (Bolivarian Republic of)

Abstaining:

Afghanistan, Angola, Côte d’Ivoire, Ethiopia, Georgia, Iraq, Kenya,

Kyrgyzstan, Nepal, Nigeria, Pakistan, Philippines, Qatar, Senegal, South

Africa, Togo, Tunisia]

5 The representative of the United Arab Emirates subsequently stated that there had been an error in the

delegation’s vote and that it had intended to vote against.