A/HRC/4/5
page 6
9.
The relationships between the Government, on the one hand, and the civil society and the
press, on the other, had deteriorated during the period covered by the independent expert’s sixth
visit in October 2006, particularly following the arrest and detention of four journalists on
allegations of divulging secrets of a judicial investigation and spreading false information related
to State security. The media association condemned this action and asked the Government to put
an end to the violation of the freedom of expression. At the time of the independent expert’s
seventh visit in January 2007, the situation had improved and the media of Burundi were
reporting on all public matters without any interference from the Government.
10.
In spite of the above-mentioned improvements, the Muyinga massacre and the way the
judiciary and the Government handled the case raised concern as to the intention of the
Government. Early October 2006, the Government appointed a judicial commission to
investigate this issue following outcries by Burundians and the international community. The
commission submitted its report to the Government in October 2006 and, according to
information received by the independent expert, recommended the arrest of a number of people,
including the regional commander. The appropriate warrants have been subsequently issued;
however, they have not been executed on the claim that further investigations needed to be
carried out. There appears to be no purpose to be served by further investigations and the only
purpose served by this decision is to give the Government time to cover up the massacre.
11.
With respect to the comprehensive ceasefire agreement signed by the Government and
the FNL-Palipehutu on 7 September 2006, four phases in the implementation have been
foreseen: (a) the establishment of a joint verification mechanism; (b) the disengagement of the
forces; (c) the liberation of prisoners accused of collaborating with the movement; and (d) the
implementation of provisions 3 and 3.1 of the annexure II to the ceasefire agreement, which
stipulate that “from the start of the effective implementation of the ceasefire, the members of the
Palipehutu-FNL shall enjoy provisional immunity for acts committed during the armed struggle
until the signing of the Ceasefire Agreement. A procedure for the release of political prisoners
and prisoners of war shall also start”.1 It is within this framework that, on 1 October 2006, the
President of the Republic of Burundi signed a decree creating a verification mechanism on the
status of combatants.
12.
Regarding economic and social rights, the Government is forging ahead with the
implementation of its programmes granting universal primary education and free medical care
for children under 5 years of age and expectant mothers, which were launched at the beginning
of 2006.
13.
On the whole there appears to be a general improvement in the situation of human rights
in Burundi as a result of the ceasefire agreement signed between the Government and
Palipehutu-FNL, although some serious violations, such as the Muyinga massacre, and the arrest
of the alleged coup plotters on unsubstantiated evidence, marred this commendable development.
1
The text of the Comprehensive Ceasefire Agreement is available at: http://unburundi.org/
facts/doc/Ceasefire_7-9-06.pdf.
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