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Burundi

Some improvements in the human rights situation have been experienced but in recent months, the security situation in the country has begun to deteriorate once again as the peace talks between the government and the only remaining rebel group, the Party for the Liberation of the Hutu People-National Liberation Front (PALIPEHUTU-FNL), also known just as FNL, have stalled. The continued presence of this group has led to significant human rights violations at the hands both of the rebels themselves and of the security forces. Furthermore, the government has of yet failed to implement some of the key components of the Arusha Peace agreement, notably regarding the establishment of a National Commission for Truth and Reconciliation and an International Criminal Investigation Commission. Sexual violence and discrimination against women continues to be a significant problem in Burundi.  This reality, and particularly the security environment, makes the work of HRDs particularly challenging.

High levels of arbitrary arrest and detention continue to be recorded despite their prohibition in the Burundian constitution.  The systematic use of ‘preventative’ detention has also been recorded. Ill-treatment and sometimes torture of suspects by the Burundian National Police continue to take place. Victims of torture are often reluctant to report the cases. The National Security Services appear to have also used torture. The majority of those arbitrarily detained and victims of torture are alleged FNL supporters or members. Those in detention are often accused of illegal possession of firearms or being FNL members.

Following recent attacks on Bujumbura by the FNL, in April 2008, more than 300 supposed members of the FNL have been arrested and arbitrarily detained according to Human Rights Watch, a number of whom are believed to be minors.1 Irregular security forces, notably demobilized combatants, also appear to have been used by the police during the arrests.2

Extrajudicial killings have occurred in recent months, notably the killing of two prisoners in Ngozi in April 2008.3 Targeted assassinations have once again begun to occur primarily at the hands of the rebel movement.
The judicial system is weak and largely fails to adhere to international standards of independence and impartiality. Lack of resources is a considerable problem.  The judiciary continues to be under the influence of the executive. Transitional justice measures have not yet been put in place and impunity continues to prevail although a chairperson for the Truth Commission was finally appointed in August 2007.Impunity continues to prevail and crimes committed by the security services in particular are rarely investigated. The Muyinga massacre of 2006, in which at least 31 alleged FNL supporters were killed, has still not been sufficiently investigated. In fact efforts to call for the extradition of Colonel Vital Bangirinama, one of the officers presumed to be involved in the massacre, have been half hearted and insufficient.4 Furthermore, the report by the investigatory commission which was set up in February 2007 was never made public.5

Political freedoms are restricted and opposition party members continue to face harassment, constraints on their work and abuse. Since 2007 an increasing number of cases of attacks on the homes of opposition party members have taken place.6 Members or supporters of the former Chairman of CNDD-FDD have been the main victims of attacks on freedom of expression and movement.7 In June 2008, 22 independent National Assembly Members, all of whom were former members of the ruling party, were ousted following a Constitutional Court decision which claimed that they could not serve as ‘independents’.8

Sexual violence continues to be prevalent particularly in the provinces where a high number of security personnel and rebel members are located.  Many victims are reluctant to report violations. Perpetrators, which include military and police personnel, have largely been given impunity and many victims fear speaking out about their violation.9 Socio-economic, political and juridical discriminations against women are widespread. Although there have been some improvements in the law, notably concerning inheritance and matrimony amongst others, legislation continues to disadvantage women.  Advancement of women is hampered by the fact that only 5% of those eligible for enrollment in secondary schools are in fact enrolled.10

Situation of human rights defenders
Human rights defenders in Burundi are given a certain amount of space to exercise their rights even if on occasion individual defenders face harassment. Human rights defenders organizations in Burundi have created a series of National coalition and have also joined regional initiatives.

The president has in recent times made efforts to approach various sectors of civil society, since December 2006, including human rights organizations and journalists with the supposed aim of establishing an independent human rights commission. Nevertheless, there is currently no legislation, either in the constitution or in other legal instruments that offer specific protection to HRDs.

Human rights defenders are subjected to threats and intimidation due to their reporting and work.  Defenders speaking out against cases of torture carried out at the hands of the security forces have been specifically targeted. For example, in May 2007, the President of Burundian Association for the Promotion of Human Rights and Detained Persons (APRODH), EHAHDP-Net member organization, Mr Nahimana Pierre Clavier, was summoned for interrogations and interrogate by the prosecutor’s office after he spoke out against the delays in investigating the ‘disappearance’ of 31 people in the province of Muyinga in the North of Burundi.11

The president of OLUCOME, (Observatoire de Lutte contre la Corruption et les Malversations Economiques) an Observatory which looks at questions of fraud, Mr Gabriel Rufyiri was imprisoned following his denouncement of irregularities in the procurement of food by the Burundian police. OLUCOME has in the past been subjected to blackmail and threats as a result of their condemnation of the lack of transparency regarding mineral extractions.12

Criticism of the government is often not tolerated. Mr Terence Nahimana, President of the Association Civic Inyange, was incarcerated  by the security services after he criticised the government for having failed to implement a peace deal with the last remaining  rebel group.13

Human rights defenders also continue to lack capacity to carry out their work in an effective manner;  a significant number continue to lack a thorough understanding of the protection mechanisms now available to them at a national, regional and international level.

Women human rights defenders in Burundi face specific obstacles as a result both of their inherently disadvantaged position in society and as a result of the issues which they seek to defend and challenge, notably discriminatory legislation on inheritance.

Harassment of journalists has improved since 2007 yet continues to occur. Journalists have had their material confiscated and have been arbitrarily detained and abused often on basis of ‘national security’ reasons. Radio Publique Africaine (RPA) journalists that denounced the imprisonment of a former President were detained.14 Journalists have also been threatened and intimidated by non-State actors- notably by PALIPEHUTU-FNL members. Mr Evariste Nzikobanyanka, a journalist with RPA, for example received threats after having reported on the killing of two members of PALIPEHUTU-FNL by their comrades in April 2007.