A/HRC/45/32
within the judiciary and subjugates it to the executive branch.22 The situation is so bad that
the authorities have forced the already poor population to financially support the organization
of the 2020 elections and various projects.23
1.
Corruption
67.
Corruption takes many forms and specifically includes trading in influence and abuse
of office or power. To obtain a mining licence, a large sum of money must be paid to certain
persons holding high political or administrative positions or to senior CNDD-FDD officials,
either directly or through intermediaries. Some of those who benefit from this also hold
shares in mining companies, sometimes through front operations. The Commission has also
received allegations that there are similar practices in most sectors of the Burundian
economy, especially when foreign companies want to invest in Burundi.
2.
Misappropriation of public funds
68.
From a global perspective, the Commission drew on a study of official development
assistance disbursements from the World Bank to the poorest countries, carried out by
economists who showed that between 1990 and 2010 there was a strong link between such
payments and residents’ transfers to tax havens.24 The Commission relied on public data from
the World Bank listing the amounts paid out per quarter and per project and the amounts of
assets held by Burundian residents abroad, published by the Bank for International
Settlements from 2010 to 2019.25 In this period, there is clearly a correlation for assets held
in Belgium, Switzerland and Luxembourg. The holdings in question are those of natural or
legal persons with residence in Burundi, but such persons are not necessarily nationals. There
may be legal grounds for such transfers, but the extent of the coincidence calls for further
investigation.
69.
The Commission has received credible allegations of misappropriation of public funds
intended for various development projects financed by international assistance. For example,
some Burundian families whose property was expropriated for the construction of public
projects did not receive the planned compensation, which reportedly had been partially
misappropriated. The Government of Burundi has publicly acknowledged that such
misappropriation has taken place in connection with the construction of the presidential
palace in Gasenyi.26
70.
The construction of the Jiji and Mulembwe dams was to be accompanied by the
payment by the Government of Burundi of US$ 14.3 million for the electrification of local
villages and compensation for those whose property was expropriated. 27 However, the
finance bills provided much lower amounts for the compensation. The difference between
these budgets and the amounts called for in the development assistance thus raises some
questions.
71.
Mining agreements between private companies and the State generally provide for the
payment by the company of annual compensation to the communes and the payment of
hundreds of thousands of dollars for the economic and social development of the region.
However, the Commission has reasonable grounds to believe that under several mining
concession agreements, a significant portion of these funds has not been received by the
intended recipients or has not materialized in development projects on the ground. This raises
22
23
24
25
26
27
GE.20-10689
A/HRC/39/CRP.1, paras. 462–579; and A/HRC/36/CRP.1, paras. 318–320 (document available on
the Commission’s website).
A/HRC/39/CRP.1, paras. 634–646.
J.J. Andersen, N. Johannesen and B. Rijkers, “Elite Capture of Foreign Aid: Evidence from Offshore
Bank Accounts”, Policy Research Working Paper 9150 (World Bank, 2020).
Bank for International Settlements, “Banks’ cross-border positions on residents of Burundi”.
Available at http://stats.bis.org/statx/srs/table/A6.2?c=BI&p (accessed 6 August 2020).
See www.dw.com/fr/construction-dun-nouveau-palais-pr%C3%A9sidentiel-des-burundaisexpropri%C3%A9s-attendent-toujours/a-41072323.
See http://documents.worldbank.org/curated/en/241731548424957473/pdf/PHJIMU-Rapport-dAudit1-janv-au-30-Juin-2018.pdf.
13
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