A/HRC/33/37
VII. Conclusions and recommendations
A.
Conclusions
125. The independent experts found abundant evidence of gross human rights
violations and of human rights abuses by the Government and people whose actions
can be attributed to the Government. Human rights abuses by third parties have also
taken place. Responsibility for the vast majority of these violations should, however,
be laid at the doorstep of the Government.
126. The high levels of open violence witnessed by Burundi at the end of 2015 no
longer prevail but that does not mean that the situation is moving in the right
direction. As one interlocutor told the independent experts, “what you see here is the
peace of a loaded gun”. Repression has become less open and therefore more difficult
to trace, but it is more systematic and is increasing. The accountability mechanisms
are exceedingly weak and impunity is endemic, which allows cycles of violence to
continue unabated.
127. Moreover, during the course of the investigation it became clear that more and
more people who would otherwise have confronted repression have fled the country or
are too scared to speak out or take action. Any reduction in the violence has occurred,
to a significant extent, as a result of increased oppression. Any semblance of
opposition to the Government is dealt with ruthlessly and seemingly without fear of
accountability.
128. As one interlocutor said: “Civilian space, if closed up long enough, dies.” What
is needed is not merely for the situation to be stabilized: it must be reversed. Civil
society and the social fabric have been weakened to such an extent that a concerted
effort will be required to establish the conditions for a democratic State based on
human rights and the rule of law.
129. It is the distinct impression of the independent experts that Burundian society
is becoming more and more repressive, less tolerant of dissent and more closed to the
outside world. Unless specific steps are taken by the Government, the population and
the international community, very little of what human beings around the world value
and need to lead dignified lives will be available to Burundians in the years and indeed
the months to come.
130. Virtually nothing is being done by way of providing effective remedy to victims,
including bringing perpetrators to justice, or to prevent a recurrence of the violations.
Decreases in some indices of overt violence can be interpreted as improvements in the
human rights situation in the country only if certain conditions are satisfied. Relevant
questions include:
(a)
Are there changes in the movement and flow of people (in particular, are
more people returning to Burundi)?
(b)
Are there increases in the space for free expression and for the activities
of civil society?
(c)
Is the sense of intimidation waning?
(d)
Is the number of inflammatory statements, in particular on the part of
senior authorities, decreasing?
(e)
Is the confidence in State institutions, including the security sector,
improving?
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