A/HRC/9/14
page 11
34. On 28 December 2007, alleged FNL-Palipehutu members simultaneously attacked
three Forces de défense national (FDN) positions in the commune of Musigati Bubanza
province. The attack led to the killing of one FDN soldier and the wounding of another, together
with a civilian. A house was also destroyed and inhabitants of three collines in the commune
were forced to leave their homes during the night for security reasons. Another confrontation
took place on 9 January 2008, in the same commune, during which five alleged FNL members
were reportedly killed and three FDN soldiers were wounded.
35. In another development, hostilities broke out between FNL-Palipehutu and FDN on the
evening of 17 April 2008. According to information gathered during the mission, FNL was
responsible for opening hostilities with heavy weapons on the Government forces around
Bujumbura. There was indiscriminate shelling of targets in Bujumbura as well as in the
surrounding provinces, with civilian casualties and damage caused to civilian installations,
including the University of Burundi, diplomatic missions and private residences. There were
reports of retaliation against civilians and the use of civilian installations as shields, in addition
to military operations in populated areas. For example, on 21 April 2008, three civilians were
killed and eight wounded during different attacks in Gihanga commune, Bubanza province. In
addition, two alleged FNL members were killed by FDN soldiers in Bugarama commune,
Bujumbura Rural province.
36. As a result, the Government arrested more than 1,000 alleged FNL members,
including 17 girls who were in secondary schools in Bujumbura Rural province. The girls were
released upon the intervention of the communal authorities. On 24 April 2008, the Human Rights
and Justice Section of BINUB visited 38 alleged FNL members in two holding cells in
Bujumbura Mairie province and several others in Kayanza province holding cells in April 2008.
This situation has been quite worrying as there have already been reports of human rights
violations regarding such arrests. The fact that alleged FNL members were arrested and detained
although they did not participate in combat or are not accused of any alleged offence is a clear
violation of the ceasefire agreement.
B. Transitional justice
37. The independent expert noticed some progress towards the establishment of the
mechanisms of transitional justice in Burundi. The Government and the United Nations signed
an agreement on 2 November 2007 for the establishment of a tripartite steering committee,
composed of representatives of the Government, civil society and the United Nations. Its role is
to organize national consultations on transitional justice mechanisms. While the establishment of
the committee represents an important step forward, questions related to the special tribunal and
its relationship with the truth and reconciliation commission remain. These should be the subject
of further discussions between the United Nations and the national authorities at an appropriate
time in order to ensure that the most serious crimes committed during the Burundian conflicts are
investigated and perpetrators are brought to justice.
38. The independent expert learned that the steering committee had been faced with the
problem of lack of funds and logistics, which had hindered the start of its work. Some members
of the committee complained about the lengthy procedures for disbursement of the
Peacebuilding Fund. At the time of the visits, funding for the project, some 100 million
United States dollars, had been approved by the Fund. It is important to recall that the steering
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