Populations at Risk Serious Concern

Burundi

Populations in Burundi face a risk of potential mass atrocity crimes as systematic human rights violations and abuses continue.
BACKGROUND:
Violations and abuses of human rights perpetrated by state entities and affiliated groups in Burundi leave populations at serious risk of mass atrocity crimes. The Human Rights Council (HRC)-mandated Commission of Inquiry (CoI) on Burundi has found that potential crimes against humanity have been committed since April 2015, including rape and sexual violence, extrajudicial killings, summary executions, enforced disappearances and torture. More than 1,200 people have been killed in politically inspired violence since April 2015 and more than 10,000 Burundians have been arbitrarily detained. Approximately 390,000 refugees remain in neighboring countries.

Violations and abuses of human rights have primarily been carried out by the National Intelligence Service and police. The CoI's August 2018 report highlighted the personal role of President Pierre Nkurunziza in fomenting serious human rights violations amidst a pervasive climate of impunity. The CoI also raised concern regarding the growing role played by the Imbonerakure, the youth wing of the ruling party - the Conseil National pour la Défense de la Démocratie–Forces pour la Défense de la Démocratie. In response to the latest report of the CoI, government officials publicly threatened members of the investigative mechanism.

The crisis in Burundi developed following the April 2015 announcement that President Nkurunziza would seek a third presidential term. This was regarded by many as violating the 2000 Arusha Peace Agreement, which ended a civil war that claimed over 350,000 lives between 1993-2005. Following a failed coup and protest violence, President Nkurunziza was reelected during July 2015. The East African Community (EAC) has attempted to mediate between the government and opposition parties, but with little success.

ANALYSIS:
The government has severely limited the space for political debate by banning most independent non-governmental organizations, curtailing independent media and repressing the political opposition. The National Intelligence Service, police and Imbonerakure have committed summary executions, enforced disappearances, arbitrary detention and torture of individuals suspected of belonging to the political opposition, possibly amounting to crimes against humanity.

The government has routinely refused to cooperate with the Office of the UN High Commissioner for Human Rights (OHCHR), the HRC and the International Criminal Court (ICC). In addition to public threats directed at members of the CoI, in April 2018 the government also expelled a team of UN experts whose investigations were authorized in a Burundi government-backed HRC resolution. The ongoing hostility directed towards UN mechanisms, institutions and experts is a disturbing indication of the government's unwillingness to engage with the international community and adhere to obligations under International Human Rights Law.

The government is failing to uphold its Responsibility to Protect all Burundians, regardless of ethnicity or political affiliation.

INTERNATIONAL RESPONSE:
On 18 October 2016 President Nkurunziza initiated Burundi's withdrawal from the Rome Statute, which came into effect during October 2017. Prior to withdrawal, the ICC opened an investigation into crimes committed in Burundi from April 2015 until 26 October 2017.

On 29 July 2016 the UN Security Council (UNSC) passed Resolution 2303, authorizing UN police to monitor the security and human rights situation. The government of Burundi refused to accept the monitors. One year later the UNSC adopted a Presidential Statement expressing the Council's intention to pursue targeted measures against those who threaten the peace and security of Burundi. There has been no subsequent diplomatic action by the UNSC.

On 30 September 2016 the HRC created the CoI to investigate human rights violations and abuses in Burundi. During 2018 the CoI compiled a list of alleged perpetrators of crimes against humanity and called upon the government to ensure accountability. On 27 September 2018 the HRC extended the mandate of the CoI, despite the refusal of the government to allow the Commissioners to enter Burundi.

On 25 October 2018 the European Union renewed travel bans and asset freezes on four Burundians for serious human rights violations, obstruction of democracy and incitement to violence. Three of the sanctioned individuals are affiliated with the government or its security forces.

NECESSARY ACTION:
It remains essential that the Burundian government end the violent targeting of political opponents and avoid any further ethnicization or militarization of the political conflict. The HRC-mandated CoI on Burundi should be granted immediate access to investigate alleged violations and abuses of human rights. The government should refrain from any threats directed against Commissioners.

The government should engage constructively with the mediation efforts led by the EAC and collaborate with OHCHR, HRC mechanisms and the UNSC. The UNSC should impose targeted sanctions against all those who continue to threaten peace and security in Burundi, including the list of suspected perpetrators of crimes against humanity supplied by the CoI.

Last Updated: 15 November 2018

The five most recent issues of R2P Monitor and Atrocity Alert are available in the side-bar. To see previous assessments of this country, please see R2P Monitor and Atrocity Alert on our Publications page. Burundi has been featured in the R2P Monitor since the July 2015 issue.