A/HRC/39/63
I. Introduction
A.
Mandate
1.
The Commission of Inquiry on Burundi was created by Human Rights Council
resolution 33/24, adopted on 30 September 2016, to conduct a thorough investigation into
human rights violations and abuses in Burundi since April 2015, to determine whether any
of them may constitute international crimes, to identify their alleged perpetrators and to
formulate recommendations for ensuring that such perpetrators “are held accountable for
their acts”. By its resolution 36/19, adopted on 29 September 2017, the Council extended
the Commission’s mandate without modification for one year.
2.
In 2018, the Commission placed special emphasis on the violations and abuses
committed since 2017 in order to highlight developments in the situation as compared to
the one prevailing in 2015 and 2016. The Commission also focused more closely on
economic and social rights and the functioning of the judicial system.
3.
On 1 February 2018, Mr. Doudou Diène of Senegal was appointed to chair the
Commission following the resignation of the previous Chair, Mr. Fatsah Ouguergouz. On 5
March 2018, Ms. Lucy Asuagbor of Cameroon was appointed to serve as a member of the
Commission to replace Ms. Reine Alapini Gansou, who was elected to the International
Criminal Court. Ms. Françoise Hampson of the United Kingdom of Great Britain and
Northern Ireland continued to serve as a member of the Commission, as she has done since
its inception.
4.
The Commission presented two oral briefings to the Human Rights Council, at the
Council’s thirty-seventh and thirty-eighth sessions. The present report summarizes the final
conclusions of its investigations, which will be detailed in a separate document.1
B.
Cooperation by Burundi with the Commission
5.
By its resolution 36/19, the Human Rights Council urged the Government of
Burundi to cooperate fully with the Commission of Inquiry, to authorize it to conduct visits
to the country and to provide it with all the information necessary to fulfil its mandate. To
this end, the Commission sent six letters to the Permanent Mission of Burundi in Geneva
and one letter to the Minister for Foreign Affairs and International Cooperation (annex II).
It called on the Burundian authorities, including during its oral briefings to the Human
Rights Council, to grant it access to Burundi and to share information on the human rights
situation in the country, including information concerning attacks on agents of the State and
members of the ruling party. As in the past, these requests have gone unanswered. The
Burundian authorities have consistently disputed the content of the Commission’s briefings
and reports and have taken a hostile attitude towards the Commission, threatening twice to
take legal action against its members. The United Nations High Commissioner for Human
Rights has condemned this threat as being contrary to the 1946 Convention on the
Privileges and Immunities of the United Nations.
C.
Methodology
6.
During the current mandate period, the Commission visited Belgium, Uganda, the
Democratic Republic of the Congo, Rwanda and the United Republic of Tanzania. It also
conducted a mission to Ethiopia to meet with representatives of the African Union.
Through these visits and numerous remote contacts, in particular with individuals living in
Burundi, the Commission conducted more than 400 interviews with victims, witnesses and
1
GE.18-13070
That document (A/HRC/39/CRP.1) will be available shortly on the website of the Human Rights
Council and the Commission of Inquiry on Burundi (www.ohchr.org/EN/HRBodies/HRC/
IBurundi/Pages/CoIBurundi.aspx).
3
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