A/HRC/9/14
page 7
Parallel justice systems
14. The former rebel group that joined the peace process under the Arusha Agreement ran its
own separate judicial system that dispensed justice in an informal way. People accused of
criminal or other violations of the law were subjected to trial outside the institutional machinery
of justice, and were therefore deprived of the usual judicial safeguards. Those convicted were
held in informal custodial institutions under the control of the rebels. This parallel system of
justice has now been abolished since the integration of rebel forces into the national security
ones.
Child soldiers
15. The conflict produced the phenomenon of child soldiers, who either joined the rebel
movement voluntarily or were conscripted. One of the greatest challenges facing the
Government was how to deal with these children following the cessation of hostilities. The
problem was partly solved thanks to the collaboration of the international community and the
transitional and current Governments of Burundi. There are still allegations of child soldiers
among the remaining rebel movement of FNL-Palipehutu.
Political prisoners
16. The war in Burundi generated a large number of self-declared “political prisoners”, who
had been arrested by the Government forces and detained. Following the Arusha Peace
Agreement and the subsequent elections, the Government released many of these prisoners,
some of whom had spent long periods in detention, either without ever having been brought to
court to face charges, or having served sentences which included, in some cases, the death
penalty. This solution has defused a potentially explosive problem, but has at the same time
resulted in the release of people who have committed serious crimes, such as murder and rape.
Emergence of a free media
17. A culture of free information has been virtually absent in Burundi, as each succeeding
Government has sought to control information, which is available to the public through the use
of Government-controlled radio and television. Following the introduction of the new
constitutional dispensation, a new and independent media began to assert itself, but inevitably
ran into problems with the new Government. Following a period of intense conflict, during
which a number of journalists were arrested, beaten and imprisoned, the media are now free to
report on all manner of things, including matters of public interest.
Birth of civil society
18. Until recently, Burundi had one of the weakest civil society presences in the region. As
was the case with the media, its emergence after the new political changes was not without
trauma. At first, the Government appeared determined to control or destroy emerging
non-governmental organizations, many of which were active in advocating greater accountability
on the part of public officials. After systematic harassment, which included imprisonment of
some actors, an uneasy calm now prevails.
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