Statement by Mr. Fortune Gaetan Zongo Special Rapporteur on the human rights situation in Burundi, at the 77th Session of the United Nations General Assembly

Mr. President,

Excellencies,

Distinguished delegates,

Ladies and Gentlemen,

Today I have the opportunity to present my first written report to the General Assembly of the United Nations in accordance with resolution 48/16 which established my mandate in October 2021. I would like to acknowledge the trust placed in me following the renewal of my mandate at the 51^st session of the Human Rights Council in October 2022, during which I presented the same report. This mandate gives me the opportunity to continue the analysis of the opportunities and challenges related to the promotion and protection of human rights in Burundi. It cannot be accomplished in a satisfactory manner for the benefit of Burundians without cooperation and dialogue without exclusivity between the mandate holder and the Burundian State. This cooperation could lead to the identification of priorities that could be formalized to strengthen the rule of law and take greater account of human rights.

First of all, I would like to emphasize that the nations of the world have been united for more than 70 years for the protection of human dignity and human rights. 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. Moreover, Burundi is one of the one hundred and twenty-eight states that issued a standing invitation to the special procedures on June 6, 2013. It is therefore essential that it reaffirms its membership and agrees to engage more effectively in advancing human rights. As far as I am concerned, I remain ready to work on this alongside the Burundian State and all key actors.

Your Excellency,

Ladies and Gentlemen,

I remain concerned by the paradigm shifts observed in world geopolitics, which allow for many misunderstandings on the nature and purpose of the mechanism I embody. These misunderstandings can only divert discussions on substantive issues or undermine efforts to improve the human rights situation in Burundi. Supporting opportunities for human rights protection, observing, telling the truth in order to guarantee the principle of accountability for the well-being of Burundians, and advising Burundi in a constructive spirit are the axes of my action. It is in this perspective that I plan to continue the prudent and balanced approach that I have initiated since May 2022.

During this new mandate, I plan:

To analyze the root causes and drivers of conflict with a view to initiating early warning mechanisms and better preventing the resurgence of future conflicts. Conflict prevention depends largely on the implementation of concrete and targeted measures to protect human rights.

In addition, I will focus on:

• The independence of the judiciary
• The expansion of civic space
• The transitional justice process
• Economic, social and cultural rights
• Women's rights
• The rights of refugees

Mr. President,

Your Excellencies,

Ladies and Gentlemen,

The report that I have been asked to present 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.

Despite the commitments and actions taken by the Burundian government, the human rights situation did not change in a substantial and sustainable manner. 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 of serious violations rarely resulted in impartial investigations and even fewer in the prosecution and conviction of perpetrators, which is in itself a violation of the right to an effective remedy.

While there were some isolated efforts to prosecute perpetrators of human rights violations and abuses, selective impunity for the prosecution of alleged perpetrators of serious violations in favor of common crimes remained notable. The period since 2015 has seen serious and massive human rights violations, including 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, and enforced disappearances. Even today, there are restrictions on freedom of association, 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,

Accompanying Burundi without taking into account the cyclical violence it has gone through including the 2015 crisis seems unrealistic. Commendable initiatives aimed at contributing to the country's development have the merit of fostering social development and marking the country's openness to its bilateral and multilateral partners, which will be meaningful if human rights are taken into account more effectively in government action and the country is equipped with strong institutions capable of strengthening the rule of law and effectively fighting impunity. It is in this perspective that I plan to rely on MDG 16 to support efforts and encourage greater consideration of human rights by Burundi.

I take note of the lifting of sanctions by the European Union against three Burundian officials, including Prime Minister Gervais Ndirakobuca. While this measure provides an opportunity for constructive dialogue with Burundi to strengthen the culture of human rights, tangible and measurable signs of the fight against impunity remain necessary for a lasting peace.

Many perpetrators of human rights violations and abuses belonging to the defense and security forces and even to militias such as the Imbonerakuré have not been brought to justice, investigations into these violations and abuses have not been initiated, and even if they were, the conclusions are not known. The impunity of the Imbonerakure is reinforced by official speeches, and I would like to mention here the statement of 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 emphasize here that civilian groups cannot carry out regalian functions without justification and with impunity.

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.

With respect to restrictions on civic space, opposition political parties and trade unions have difficulty meeting. Human rights organizations work in a climate of fear of reprisals. Many human rights defenders are faced with difficult situations, and some have been forced into exile where they live in great insecurity. In addition, laws on foreign nongovernmental organizations and press laws continue to limit democratic space and strengthen government control; raising concerns about the independence of these organizations. It is well known that an inclusive and open civic space helps states to identify challenges and solutions in order to protect human rights in support of peace and development.

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

Ladies and Gentlemen,

In view of the above, it is clear that the Burundian authorities are making efforts to develop the country. However, many advances are still needed to guarantee the return of lasting peace in Burundi. From this rostrum, I would like to recall the common commitment of the United Nations to protect and promote human dignity and thus to support the mandate holders, in the expression of their will to materialize their commitment to promote human rights. I reiterate my readiness to work alongside the Burundian authorities to promote the strengthening of the rule of law and the protection of human rights in Burundi.

Thank you for your kind attention.