A/HRC/39/63
Communication Council revoked the licences of about a dozen media outlets, including
Radio publique africaine, Radio Bonesha FM and Radio-Télévision Renaissance, all of
which have been shut down since May 2015. The Council has also ordered a number of
suspensions. For example, it suspended radio broadcasts by the Chamber of Commerce and
Industry in October 2017 and broadcasts by the British Broadcasting Corporation (BBC)13
and Voice of America in May 2018, and has suspended certain sections of the online
newspapers Iwacu and Le Renouveau. Many independent journalists remain in exile. Others
have gone into exile in 2018, and those who are still working in Burundi continue to be
subjected to pressure, intimidation and restrictions on the part of local authorities, the
National Intelligence Service and Imbonerakure.
49.
The Commission remains concerned about the frequent instances of incitement to
hostility or violence, which contravene article 20 of the International Covenant on Civil and
Political Rights. In particular, certain speeches made by the Head of State — especially
those of 18 November 2017, 12 December 2017 and 2 May 2018 — have threatened
opponents both within and outside CNDD-FDD. These speeches were echoed across the
country by local authorities and members of the ruling party. Melchiade Nzopfabarushe, a
former Chef de Cabinet in the Office of the President, was convicted at first instance of
having made remarks amounting to hate speech in April 2018, but his sentence was
significantly reduced on appeal and he has since been released. Other individuals who have
publicly made similar remarks have gone unpunished. In addition, as in previous years,
some Imbonerakure continue to chant militant and hateful slogans as a show of force.
(b)
Freedoms of association and assembly
50.
The situation of organizations whose authorizations have been suspended or revoked
and whose accounts have been frozen has not changed. The Burundian authorities have not
rescinded the international arrest warrants issued against the leaders of such organizations.
The two laws adopted in January 2017 on Burundian non-profit organizations and foreign
non-governmental organizations have limited those entities’ freedom of association by
considerably strengthening the authorities’ control over their activities and resources. The
Commission has continued to document arbitrary arrests, prosecutions and severe sentences
against members of civil society organizations still operating in Burundi, as illustrated by
the April 2018 sentencing of Germain Rukuki to 32 years’ imprisonment following an
unfair trial.
51.
While the freedom of association is hampered in Burundi, its corollary, the freedom
not to associate, is also restricted. Many witnesses have reported that local officials of
CNDD-FDD and/or Imbonerakure have forced or attempted to force members of opposition
parties and persons with no political affiliation to join those two organizations. This
situation has given rise to threats, harassment, violence and, in some cases, killings or
arbitrary arrests.
52.
Members of opposition parties have also been subjected to pressure and restrictions
that prevent them from holding public meetings, particularly in the context of the
referendum campaign. Several people reported that they had been forced to participate in
local meetings of CNDD-FDD.
(c)
Freedom of movement
53.
The Commission has noted that three types of interference with freedom of
movement have persisted: the use of “household record booklets” to keep track of
population movements; checkpoints in the vicinity of the country’s borders; and cases of
threats and harassment against persons whose family members have left Burundi. The
inspection of “household record booklets”, mainly by the police, has often given rise to
extortion. Checkpoints near the borders have been stepped up and such checks are often
carried out by Imbonerakure, sometimes in collaboration with the police. Cases of arbitrary
arrest, ill-treatment, extortion and threats at the checkpoints have been reported.
13
GE.18-13070
BBC subsequently apologized to the Government of Burundi.
11
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