A/HRC/4/5
page 7
The independent expert wishes to commend all those who have contributed to the improvement
of the situation in Burundi, including the Government, the civil society, the media and the
international community, and calls upon the Government of Burundi to build on this
development so that the culture of respect for human rights can continue to grow in Burundi.
14.
During the reporting period, on 25 October 2006, the Security Council adopted
unanimously resolution 1719 (2006) in which it decided to establish a United Nations Integrated
Office in Burundi (BINUB) for an initial period of 12 months, commencing on 1 January 2007,
to support the Government in its effort towards the long-term peace and stability throughout
the peace consolidation phase. BINUB is replacing ONUB whose mandate was ended
on 31 December 2006.
III. TRANSITIONAL JUSTICE MECHANISMS
15.
Discussions have been going on between the Government of Burundi and the
United Nations for more than two years regarding the establishment of a truth and reconciliation
commission and a special tribunal for Burundi. Although these mechanisms were expected to be
put in place in September 2005, this deadline has not been met mainly because of the ambivalent
attitude of the Government of Burundi towards the special tribunal.
16.
During both visits in October 2006 and January 2007, the independent expert discussed
further with the Government and other stakeholders the key issues regarding these mechanisms.
In October 2006, the Government indicated that a delegation from United Nations headquarters
and OHCHR was about to come to Burundi before the end of the year to clarify the principles of
non-immunity or amnesty for genocide, war crimes and crimes against humanity as well as the
neutrality and independence of these bodies.
17.
In January 2007, the independent expert was informed that the mission of the delegation
had been postponed till February 2007. The Government reaffirmed that this mission was
necessary and reiterated its readiness to discuss the way forward to the establishment of the
twin mechanisms. In addition, on the occasion of celebration of the Human Rights Day, on
10 December 2006, the Head of State announced that the Government was currently discussing
with the United Nations the modalities of setting up the truth and reconciliation commission in
Burundi. However, the time frame within which this body will be established has not been
indicated.
IV. HUMAN RIGHTS SITUATION
18.
The situation of human rights was expected to improve following the signature of the
ceasefire agreement, especially in the provinces where FNL was operating (Bujumbura Rural,
Bubanza and Cibitoke). In these areas, confrontations between government forces and FNL have
ceased. A law granting FNL combatants provisional immunity has been enacted but it is still
opposed by FNL on the grounds that the text does not clearly state the name of the beneficiaries.
However, despite the ceasefire agreement, violations and abuses continued to be reported
countrywide, although they have decreased in number.
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