A/HRC/17/50
of UPD-Zigamibanga, Leonard Nyangoma of CNDD, Alice Nzomukunda of ADR and
Alexis Sinduhije of MSD.
24.
The security situation became more fraught in the north-west part of the country in
September and October 2007, particularly in several communes in the provinces of rural
Bujumbura, Bubanza and Cibitoke. There were killings and armed robberies of homes and
shops. Thus, on 10 and 11 September 2010, 10 corpses were discovered in Gihanga
commune (Bubanza province). They were identified as those of residents of the commune
and were buried on the bank of the Rusizi river owing to their state of advanced
decomposition. Then again, on 15 September 2010, a group of armed men in military
uniform killed 11 persons and wounded 15 others in a sugar cane plantation belonging
to the Tanganika Business Company. In addition, the police and administrative authorities
discovered in the Gatumba area of Mutimbuzi commune (rural Bujumbura province)
some 20 bodies in the Rusizi river at the Congolese border; 18 of them, four of whom were
wearing boots and military uniform, were found by fishermen in the period between 7
and 21 September 2010. Local people confirmed that three of the bodies had been
decapitated.
D.
1.
Institutional situation
Transitional justice
25.
The establishment of transitional justice mechanisms forms an integral part of the
Arusha Peace and Reconciliation Agreement for Burundi, signed on 28 August 2000. In its
resolution 1606 of 15 June 2005, the United Nations Security Council recommended the
establishment of two mechanisms, one judicial and the other non-judicial. The Security
Council requested the Secretary-General to undertake negotiations with the Government
of Burundi to that end. The negotiations, which were conducted in March 2006 and
March 2007, focused on the setting up of a truth and reconciliation commission and a
special tribunal to prosecute those responsible for serious violations of human rights and
international humanitarian law committed during the various conflicts in Burundi.
Following those negotiations, it was agreed that there would be no amnesty for the crime of
genocide, crimes against humanity or war crimes; that the people of Burundi would be
consulted about ways and means of establishing such mechanisms; and that the national
consultations would be conducted by a tripartite steering committee.
26.
From July to December 2009, the tripartite steering committee, composed of six
members representing the Government of Burundi, the United Nations and civil society,
organized national consultations throughout the 17 provinces of the country. For those
living in the diaspora, consultations were also held in Dar es Salaam and in Brussels, on 14
and 21 March 2010 respectively.
27.
The national consultations were completed in March 2010. A copy of the report
dated 20 April 2010 was transmitted to the Head of State of Burundi and another, a few
days later, to the Executive Representative of the Secretary-General of the United Nations
in Burundi. However, at the time of the independent expert's visit, the report had not yet
been officially delivered. Civil society organizations in Burundi then questioned the real
desire of the Government to establish transitional justice mechanisms and expressed
concern about a possible manipulation of the report. During his visit, the independent
expert expressed regret about the delay in putting the mechanisms in place and called on the
authorities to publish the final report of the national consultations. The delay could however
be due to the exceptional length of the electoral process, which mobilized a large part of the
administration. The report of the national consultations was finally handed to the Head of
State and to the Executive Representative of the Secretary-General of the United Nations at
an official ceremony held on 7 December 2010. The report is being disseminated in the
8
GE.11-13751 (EXT)
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