A/HRC/45/32
questions about what happened to those payments and, if they were not made, why the State
did not seek to enforce the terms of those contracts, that were supposed to benefit its people.
72.
Lastly, despite the fact that since 2016, the $800 monthly pay of Burundian military
personnel deployed in the African Union Mission in Somalia has been transferred directly by
the African Union into their personal bank accounts in order to avoid any misappropriation,
the Commission has reasonable grounds to believe that the Government of Burundi has
continued to systematically tap into part of the pay using surreptitious means.
73.
Most of the country’s technical and financial partners are aware of the risk of diversion
of funds. They have taken steps to minimize the risk by ceasing to contribute directly to the
State budget, instead supporting operational partners such as non-governmental
organizations, or directly paying the beneficiaries of their assistance. However, the measures
that are taken are not always sufficient.
3.
Conflicts of interest and the illegal protection of interests
74.
On the basis of publicly available information, the Commission has noted numerous
cases of conflict of interest to which the authorities have turned a blind eye, even though,
without being an offence in itself, such a situation is conducive to corruption, favouritism
and the illegal protection of interests, which for their part are offences under Burundian law.
75.
For example, despite the fact that article 142 of the Constitution prohibits ministers
from engaging in any other activities, one of President Nkurunziza’s ministers has retained
his position as director of a civil engineering company that may do work in areas falling
within his competence as a minister. Also, a senior government official has his own
communications company, which has been awarded government contracts in the area directly
under his responsibility. Several senior officials or assistants to ministers have been
appointed to the boards of companies operating in fields covered by their ministerial
portfolios.
76.
The Commission has also received credible allegations that several persons holding
high political or administrative positions, including within the CNDD-FDD party, own
significant shares in companies holding veritable monopolies, either in law or in practice, for
the marketing of certain products or services in the country.
4.
Government contracts
77.
Government contracts are awarded in Burundi with very little transparency and much
abuse of privately agreed-upon terms that often benefit those close to the people in power,
which facilitates corruption and misappropriation of public funds. In 2017, government
contracts accounted for more than 215 billion Burundian francs (or over $111 million) – or
more than a quarter of the current expenditure of the State’s estimated annual budget –
including 18 billion francs (or about $9 million) in privately negotiated agreements. 28
Practices such as overcharging and under-delivery of services are common. For example,
some goods such as vehicles have been purchased at two to three times their current market
value, and roads have very quickly fallen into disrepair after being built.
5.
Customs fraud
78.
Several products, including minerals such as gold, but also coffee and oil, are exported
or imported without being officially declared, for example by means of the corruption of
certain authorities, thus depriving the State of substantial tax revenues. Despite the fact that
the publicly available information on the country’s international trade is fragmentary, the
Commission had noted significant inconsistencies which are a matter of concern. Of course,
such discrepancies can be explained in part by reporting or accounting errors, differences in
the calculation of market values and the application of different exchange rates. However,
given their magnitude, such differences raise the possibility of large-scale customs fraud and
shed light on the general lack of transparency in this area.
28
14
See www.armp.bi/files/Rapports/Rapports%20Annuels/ARMP_RAPPORT_ANNUEL_2017_
Version_du_20_avril_2018_pdf.pdf.
GE.20-10689
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