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Burundi

General elections are to take place in Burundi at the local and national level in May and June 2010. However, the pre-election period that officially started in July 2009 has been marred by restrictions on civil and political rights as well as targeted violence against political opponents and HRDs. Although an electoral framework endorsed by the majority of the political class is in place, opposition parties still face challenges that undermine their ability to operate freely. Many parts of the country’s local administrations are controlled by the ruling party- National Council for the Defense of Democracy – Forces for the Defense of Democracy (CNDD-FDD).1 These local administrations make use of the police forces to disrupt opposition party gatherings and undermine their efforts to open local party offices. In fact, opposition party members face harassment, intimidation and constraints on their work, and repeatedly see their right to freedom of assembly violated notably by provincial and communal authorities.

The Burundian authorities have so far failed to put in place key institutional mechanisms for the protection of human rights, notably a national human rights commission, key to re-enforcing a culture of human rights and ending the deeply entrenched culture of impunity. 2 A draft bill was presented at the last parliamentary session but was one of the last items on the agenda and was therefore not discussed before the end of the session.

Mob justice attacks on suspected criminals are on the rise in Burundi and have led to a number of deaths. Unfortunately, reports indicate that authorities have at times either been directly involved in public killings and beatings of suspected criminals or stood by without acting. Besides, such killings rarely result in official investigations, let alone prosecutions.3

Restrictions on political freedoms are widespread and continue to prevail as the country draws to the general elections. Opposition party members face harassment, intimidation and constraints on their work. They repeatedly see their right of freedom of assembly violated notably by provincial and communal authorities. The rise of youth militia groups affiliated with the main political parties is particularly concerning given the upcoming elections. Gertrude Kazoviyo, deputy president of the Observatory of Government Action (OAG) describes party youth wings as ‘major destabilizing factor’ in Burundi.4 The youth groups are often armed and have regularly clashed with other partisan youth groups and attacked members of the opposition parties and journalists.5 The police have been accused of failing to properly investigate and tackle the incidents of violence involving these groups. 6

The LGBTI community in Burundi suffered significant discrimination in the past primarily at the hands of non-state actors. This discrimination has been further aggravated of late by a state endorsed discrimination against homosexuals witnessed by the passing of the new penal code in April 2009 that criminalises same sex relationships. The contested article 567 clearly violates Burundian’s national, regional and international standards notably regarding the right to privacy and freedom from non discrimination. The provision also states that those found guilty risk imprisonment for up to two years. The provisions have not as yet been implemented, and high level members of the authorities have repeatedly claimed that it will not be. Nevertheless in light of the forthcoming elections, the impact it has already had on the LGBTI activist community and the potential political use of this provision it remains of utmost concern.

Human rights defenders (HRDs) in Burundi are given a certain amount of space to exercise their rights notably an important level of freedom of expression. Nevertheless, a series of recent events suggest that the space accorded to HRDs is reducing as the general elections approach. HRDs are subjected to threats and intimidation due to their reporting and work. Forum for the Strengthening of Civil Society (FORSC), an umbrella organization representing 146 Burundian civil society associations, was banned in November 2009 citing an alleged technical error in the group's registration application.7 FORSC’s registration was revoked by the Minister of Interior, marking the first time that the government of Burundi has outlawed a civil society organization. The revocation has since been overturned but FORSC is still in discussions with the authorities over the legal status of the Forum.
The one year anniversary of the assassination of Ernest Manirumva, Vice President of Observatory for the Struggle against Economic Corruption and Embezzlement (OLUCOME), has passed and yet investigations into his murder have not yet been concluded. A joint statement released by East and Horn of Africa Human Rights Defenders Project (EHAHRDP), Amnesty International (AI) and Human Rights Watch (HRW) on the anniversary of the killing called on the president of Burundi to act to ensure justice in the killing of the anti-corruption activist and to ensure that independent witness protection mechanisms are put in place to create a more enabling environment for the investigations.8

Human rights activists continue to face threats and intimidation. FORSC’s Delegate General, Pacifique Nininahazwe, and Pierre Claver Mbonimpa, President of the Association for the Protection of Human Rights and Detained Persons (APRODH), were placed under surveillance by the National Intelligence Service and received a series of death threats- all in connection to their work during the same period.9   Gabriel Rufyiri, President of OLUCOME, has also recently received a series of threats and intimidation, notably as a result of a report in which OLUCOME denounced a draft law granting significant benefits to the country’s Generals. 10 In fact in early April 2010 he received information that a complaint addressed to the Attorney General from the Minister of Public Security had been filed calling for his release. The arrest warrant has not been produced to date. More recently, on Monday 3rd May 2010, Pierre Claver Mbonimpa was interrogated by the Prosecutor of Bujumbura about his involvements in the Manirumva investigations and according to sources on the ground was informed that a special file had been opened to investigate those involved in efforts to ensure accountability in this case. 11