A/HRC/33/37
(f)
Are institutions responding promptly and effectively to claims by citizens
regarding possible violations or abuses?
(g)
Are institutions responding to those claims effectively and are they
establishing initiatives to prevent new violations?
131.
There are serious concerns on all those fronts.
132. The independent experts are gravely concerned about the fact that the
violations and the lack of accountability are “patterned”. The independent experts’
investigations suggest that the number, modes of operation, alleged perpetrators,
apparent identity of the victims, apparent motivations and the lack of either remedial
or preventive action on the part of the State authorities show that the violations are
not simply the result of chance, “bad apples”, provocation or necessity. The robust
correlation between the violations and particular political incidents also strongly
suggests that they are the result of deliberate choices. The investigations also suggest
that widespread and systemic patterns of violations are taking place, of the sort that
call for, among other things, judgments of State, individual responsibility for
perpetrators and effective remedies for victims through an international process.
133. The independent experts are deeply concerned about the tendency of the
Government to view itself as being under an onslaught from the international
community, and indeed as being in conflict with the United Nations and other human
rights bodies, as opposed to being engaged in a common pursuit to address the
challenges faced by the country.
134. The role of observers on the ground, in the capital and wherever else violence
takes place, is crucial. Rumours are rife in the country and uncertainty fuels
insecurity. Accountability is impossible without reliable facts.
135. The attention of the international community may have helped to put a damper
on the more overt manifestations of violence, but it is clear that the crisis continues.
Most stakeholders agree that an inclusive political settlement aimed at establishing a
system based on strong institutions that protect the rule of law and human rights is
required, but the political process has largely stalled.
136. While there is no simple way to characterize the ethnic dimension of the crisis
in Burundi, the independent experts are alarmed that, in a context in which so much
was achieved through the Arusha Agreement to remove the ethnic component from
the area of political contestation, State officials, including at the highest levels, use
language that can only provoke previously bridged divisions and fuel mistrust among
ethnic groups both in Burundi and beyond its borders. Those divisions are starting to
manifest themselves within the security forces, the ethnic integration of which was
both a signal success of the Arusha Agreement and a bulwark against a tragic relapse
into ethnic strife, inside and outside Burundi.
137. The independent experts also express alarm about the potential threat to peace
and security in the Great Lakes region posed by the events they were mandated to
investigate. In a region with a history of complicated ethnic relations with significant
cross-border consequences, stalemated political initiatives, continuing and systematic
gross human rights violations that may amount to crimes against humanity, a
humanitarian crisis involving massive flows of internally displaced persons and
refugees, the disruption to trade and the rampant impunity, to cite only the most
obvious factors, cannot be ignored by the international community.
21
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