Statement by Mr. Fortune Gaetan Zongo, Special Rapporteur on the human rights situation in Burundi, at the 51st session of the Human Rights Council Item 4 of the Agenda

22-23 September 2022

Mr. President of the Human Rights Council

Excellencies,

Distinguished delegates,

Representatives of civil society organizations,

Today I have the honor to present my first written report to the Human Rights Council in accordance with resolution 48/16 which established my mandate. After the oral update of June 29, 2022, in which I laid the groundwork, I had the opportunity to observe the human rights situation in Burundi under the prism of a cautious, pragmatic approach drawn from the work of the Office of the High Commissioner for Human Rights, the Commission of Inquiry on Burundi, the treaty bodies and several special procedures.

I continue to advocate for the establishment of a framework for dialogue with Burundi, a country whose rich history I salute, and which has managed to remain standing despite social and political divisions and crises.

Mr. President,

I would like to express my deep appreciation to this august assembly and to you for your common will to find solutions to concerns regarding the promotion and protection of human rights. You have spared no effort to encourage member states to cooperate with international human rights mechanisms and thus mandate holders.

There is an African proverb that says: "One finger cannot pick up the flour", in other words, there is strength in numbers. This is the idea that I have for my mandate. I remain convinced that the combination of approaches can bring solutions to advance the human rights situation in Burundi.

Burundi deposited its declaration of acceptance of the obligations contained in the United Nations Charter on 18 September 1962, precisely sixty years ago. This membership implies that it has accepted to observe the rules and principles for the realization of peace and security, human rights, and development. It is therefore essential that Burundi reaffirms its membership and agrees to engage more effectively in advancing human rights.

I remain ready to work with its authorities and all key actors to achieve this.

Excellences,

Ladies and Gentlemen,

The report that I am charged with presenting today highlights progress in the fight against human trafficking in Burundi. Legal proceedings have been launched and several investigations and prosecutions are underway. Individuals have been convicted and victims have received assistance. The country has also institutionalized anti-trafficking training for law enforcement officers, and the government has adopted Law No. 1/25 of November 5, 2021, regulating migration in Burundi.

While there were some isolated efforts to prosecute human rights violations and abuses, there was still selective impunity for the prosecution of alleged perpetrators of serious violations in favor of common crimes.

While commitments and actions have been taken by the Burundian government, the human rights situation has not changed in any substantial or lasting way. Accountability since the 2015 crisis is one of the pledges for sustainable peace, as is the need for deeper institutional reforms. In this regard, the 2018 Universal Periodic Review provided an opportunity for Burundi to accept the recommendations to fight impunity, and to agree to establish a fully transparent and fair judicial system in accordance with international standards.  The few cases of complaints filed following serious violations have rarely resulted in impartial investigations, and even more rarely in the prosecution and conviction of perpetrators, which in itself constitutes a violation of the right to an effective remedy.

The period since 2015 has given way to serious and massive violations of human rights, including cases of violations of the right to liberty and security of the person, the right to life (extrajudicial executions), violations of physical integrity (torture, inhuman and degrading treatment and rape), arbitrary arrests, enforced disappearances. Restrictions on freedom of association continue to exist, with hundreds of human rights defenders and media professionals in exile, as well as thousands of Burundians.

This situation is reinforced by a socio-economic context marked by the multidimensional effects of COVID 19, which has exacerbated agricultural productivity, extreme poverty reinforced by the high cost of living, particularly the increase in the price of basic necessities, fuel shortages, lack of or poor access to health care and education, a food crisis and youth unemployment.

Mr. President,

The Arusha Agreements for peace and reconciliation in Burundi signed in 2000 are still relevant and will serve as a compass and a basis for reflection to identify benchmarks and prospects for a lasting peace and a more effective consideration of human rights principles in Burundi. Article 5 states that, "The establishment of a new political, economic, social, cultural and judicial order in Burundi within the framework of a new constitution inspired by the realities of Burundi and based on the values of justice, the rule of law, democracy, good governance, pluralism, respect for the rights and fundamental freedoms of individuals, unity, solidarity, equality between men and women, mutual understanding and tolerance between the different political and ethnic components of the Burundian people.

Burundi thus has the tools to achieve a sustainable and structural reconciliation. This may sound idealistic to some, but I am convinced that an application of international human rights law is an ideal solution to stop and prevent cycles of violence in Burundi. Following the violence of 2015, many perpetrators of human rights violations and abuses belonging to the defence and security forces and even militias such as the Imbonerakure have not been brought to justice, investigations into these violations and abuses have not been initiated, and even if they were, the findings are not known.

The fight against impunity requires providing adequate remedies to all victims, acknowledging suffering, and conducting institutional reforms. This requires concerted, inclusive processes that take into account all sensitivities, continuous efforts and transparency.

Establishing and acknowledging the truth is another important component. It gives those who have suffered violence and whose voices have not been heard a chance to speak out, to be recognized as victims and to have a chance for social reintegration. It is the responsibility of the Truth Commissions to investigate, establish and recognize the truth. Regrettably, little progress has been made on aspects of the transitional justice program, particularly with respect to accountability, reparations, land restitution, and security and justice sector reform. Much remains to be done in this area in Burundi. A system of protection for victims and witnesses of human rights violations and abuses must be the cornerstone of a sustainable peace, as well as adequate reparation mechanisms.

With respect to restrictions on civic space, opposition political parties and trade unions are finding it difficult to meet. Many human rights defenders are in difficult situations, and some have been forced into exile where they live in great insecurity. Human rights organizations work in a climate of fear for fear of reprisals. In addition, laws on foreign nongovernmental organizations and press laws limited democratic space and strengthened government control. In addition, changes to press laws raised concerns about the independence of these organizations.

The Independent National Commission on Human Rights (INCHR) has "A status" as a national human rights institution and works consistently to protect and promote human rights in Burundi. However, it is indicated that the Burundian authorities guarantee its formal and material independence and provide it with the necessary resources to implement its mandate.

On the margins of my report, I would like to take the opportunity of this forum to deplore hate speech, particularly the statement by the Secretary General of the CNDD-FDD, the party in power in August 2022, calling on the Imbonerakure to continue night patrols and to kill any "troublemaker”. I would like to stress here that the defence and security forces, in accordance with the Arusha Agreement, consist of a national defence force, a national police force and an intelligence service in accordance with the constitution, laws and regulations. Civilian groups cannot carry out regalian functions without any basis and with impunity.

Ladies and Gentlemen,

I remain mobilized and committed to working alongside the Burundian authorities to improve the human rights situation. I continue to follow the situation with great interest and attention in order to identify areas for action and propose recommendations for the improvement of human rights.

Thank you for your kind attention.