A/HRC/9/14
page 9
24. In March 2008, unidentified individuals threw grenades at the houses of four members of
Parliament. The targets included the residence of the former national Assembly First
Vice-President, as well as those of three dissidents of the ruling party. The attacks seemingly
corroborated the security concerns expressed by 46 parliamentarians in a letter sent to the
Secretary-General on 28 February 2008.
25. Following the appointment of the new cabinet on 14 November 2007, the political situation
in December remained fragile. By April 2008, the political bickering and gridlock in Parliament
persisted, leading to a decision by the chairman of the ruling party to write to the President of the
National Assembly, requesting him to refer the situation of rebel members of Parliament
belonging to the ruling party to the Constitutional Court for consideration. In compliance with
that request, the matter was referred to the Court, which ruled that the 22 members were sitting
in Parliament in violation of the Constitution. The members concerned lost their seats in
Parliament, after which the President appointed new party loyalists to replace them, thus
allowing the ruling party to regain its majority in Parliament.
26. The decision was widely condemned by jurists and ordinary Burundians, who regarded it
as a clear attempt by the executive to use the judiciary for political objectives. The independent
expert spoke to representatives of the affected members of Parliament, the international
community in Burundi, as well as to the head of the local bar association, and was informed that
the articles of the Burundi Constitution relied on by the Constitutional Court to arrive at this
decision were irrelevant to the case. In their view, the decision was politically motivated.
27. The decision by the Constitutional Court has exacerbated the precarious political situation.
The independent expert met representatives of all major political parties, including the ruling
party. Opposition parties complained about the lack of political space, as they faced harassment
by security organs of the State whenever they wanted to hold meetings; while the ruling party
was free to hold rallies without any hindrance whatsoever, opposition parties were barred from
holding any meetings at all. The independent expert was given letters written by the authorities
to FRODEBU, which clearly stated that they were forbidden from holding any meetings. This
situation is aggravated by the fact that, for all intents and purposes, the campaign for the 2010
elections is now under way. Denying other political parties the right to hold meetings is
tantamount to denying them the right to compete in the forthcoming elections. Furthermore, the
Government has refused to register one political party from the opposition.
28. The political situation is further complicated by the fact that the leadership of the FNL
movement had returned to the capital without official status. While the return of the leadership of
FNL-Palipehutu to Bujumbura is a positive development, it has complicated the political
equation owing to the lack of progress in the implementation of the ceasefire agreement.
FNL-Palipehutu demanded to be registered as a political party and that their forces be integrated
in the security apparatus of the country. The Government rejected this demand and proposed
instead that, in accordance with the ceasefire agreement, the combatants be gathered at
designated camps; after the verification process, some of them could be absorbed in the security
organs, while others would be demobilized. With regard to registration of the party, the
Government has pointed out that the name, which has ethnic connotations, is unacceptable as it
offends the country’s Constitution.
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