A/HRC/33/37
147. The Government must immediately cease its reprisals and threats against
individuals who have cooperated with the independent experts and other human
rights mechanisms and organizations.
148. The deployment of African Union human rights and military observers should
be completed and expanded in terms of their numbers and the areas they cover, to
include regions beyond the capital. Their status should be recognized through a
memorandum of understanding and their reports should not be subject to clearance
by the Government.
149. The Government must urgently comply with Security Council resolution 2303
(2016).
150. The Government must stop its reprisals and threats against Burundian
refugees abroad. Any repatriation of refugees must be undertaken in compliance with
international human rights standards and be aimed at facilitating the return of
displaced persons to their areas of origin.
151. The Government must ensure that the rights to freedom of expression and
association are fully enjoyed by all citizens and groups. It must therefore cease all
interference with the media and non-governmental and other civil society
organizations in the country.
152. The Government should immediately ratify, without reservations, the
International Convention for the Protection of All Persons from Enforced
Disappearance.
To non-State actors
153. All non-State actors must prioritize the protection of civilians and refrain from
committing human rights abuses.
To the United Nations system and the African Union
154. Given the ineffectiveness of the accountability institutions set up by the
Government, independent international judicial processes must consider whether
international crimes were committed. All relevant stakeholders, in particular the
African Union and the United Nations, must remain seized of the matter, monitor the
situation scrupulously 38 and take the steps necessary to prevent the occurrence of
further mass violations with ethnic connotations.
155. Should the Government continue to fail to comply with Security Council
resolution 2303 (2016) and should the violations continue, the independent experts call
upon the United Nations, in particular the Security Council, to discharge effectively its
mandate to ensure peace and security, and to protect, without prejudice to the
primary responsibility of the Burundian authorities and the basic principles of
peacekeeping set out in the statement by the President of the Security Council of 25
November 2015 (S/PRST/2015/22), the civilian population from threat of physical
violence, under chapter VII of the Charter of the United Nations.
156. A commission of inquiry should be established immediately to continue the
work accomplished by the independent experts, giving due consideration to the
continuation of the collaboration between the United Nations and the African Union
in that regard. The commission should be mandated to ensure individual
accountability and share the findings with the Security Council with a view to
38
See www.un.org/apps/news/story.asp?NewsID=54757#.V8UilU1f3cs.
23
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