A/HRC/42/49
Employees who are not members of CNDD-FDD are at risk of losing their jobs. The
politicization of access to employment is increasing and has spread to foreign NGOs.
3.
Right to education
59.
In several schools, students who had not made the contribution for the 2020
elections, which was compulsory for every student of voting age, were not allowed to
attend class. The situation was such that, on 8 February 2019, the Minister of Education had
to prohibit the practice. In addition, some students have been unable to go to school or have
been harassed and threatened by teachers or other students who are members of CNDDFDD – although schools are theoretically settings free of political activity – on account of
their affiliation with another party. The high school girls accused of defacing a photograph
of the President were also forced out of school indefinitely. The quality of instruction is
suffering as qualified teachers leave and their places are taken by substitutes chosen for
their political loyalties. It is common for students to drop out of school, including because
of pregnancy or owing to the socioeconomic situation. The average length of schooling is
only three years.27
4.
Forced labour
60.
Community service initially consisted of street cleaning and other minor
maintenance work in the interest of the community. This mandatory service has now taken
on political overtones. The people have been forced, on pain of financial penalty, to build
local offices for CNDD-FDD, an obligation that constitutes forced labour, which is
prohibited by the International Labour Organization (ILO) Forced Labour Convention,
1930 (No. 29), and the ILO Abolition of Forced Labour Convention, 1957 (No. 105), both
ratified by Burundi in 1963.
61.
The aim of other forms of community service is to contribute to local development
by building public facilities such as stadiums, roads, schools and health centres. Since 2015,
the Committee of Experts on the Application of Conventions and Recommendations of ILO
has been examining the compatibility of this work with international law, which states that
compulsory service as a method of mobilizing and using labour for purposes of economic
development is a form of forced labour.28
III. International crimes
A.
Constituent elements and types of crimes
62.
The Commission still has reasonable grounds to believe that crimes against
humanity, as defined in the Rome Statute, have been committed in Burundi. These crimes
include murder, imprisonment or other severe forms of deprivation of physical liberty,
torture, rape and other forms of sexual violence of comparable gravity, and political
persecution.29
63.
The Commission has documented a large number of violent incidents that have
taken place in several provinces. Different people with similar modus operandi and a shared
objective – to eliminate any real or perceived political opposition that could undermine the
grip on power of the Government and CNDD-FDD – have been responsible for these
incidents. They can therefore be described as “systematic attacks” deliberately targeting
civilians. The people are regularly reminded by representatives of the Government, local
administrative authorities and CNDD-FDD that their objective is to remain in power. The
alleged perpetrators of these international crimes are necessarily informed of this objective,
which means that they must understand the backdrop against which they act.
27
28
29
12
Ibid.
ILO Abolition of Forced Labour Convention, 1957 (No. 105), art. 1 (b).
A/HRC/36/CRP.1, paras. 682–691.
GE.19-13419
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