A/HRC/36/54
conducting an inquiry on Burundi when victims and witnesses are still afraid to talk about
their experiences. In the short period of time allotted to it, the Commission could not
conduct a thorough investigation of certain cases and cover all the violations and abuses. It
was nevertheless able to document a significant sample.
D.
Applicable law
9.
Burundi is a party to seven of the principal international human rights instruments:
the International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Convention on the Elimination of
All Forms of Racial Discrimination, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the Optional Protocol thereto, the
Convention on the Elimination of All Forms of Discrimination against Women, the
Convention on the Rights of the Child and the two Optional Protocols thereto, and the
Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto. It
is also a party to the African Charter on Human and Peoples’ Rights and other relevant
African instruments.
10.
Burundi has ratified the Convention on the Prevention and Punishment of the Crime
of Genocide and, since 2004, has been a party to the Rome Statute of the International
Criminal Court. 3 However, on 27 October 2016, it notified the Secretary-General of the
United Nations of its decision to withdraw from the latter treaty. Since such withdrawal
does not take effect until one year has elapsed, that notification did not affect the work of
the Commission, which conducted its juridical analysis using the definition of crimes
contained in the Rome Statute.
11.
The Commission did not regard international humanitarian law as being applicable
within the framework of its mandate insofar as, given the sporadic nature of the attacks
carried out or claimed by armed groups in Burundi since April 2015, the existence of a noninternational armed conflict could not be inferred therefrom. 4
II. Human rights situation
A.
Main trends
12.
The political crisis that Burundi has faced since 2015 has been compounded by a
grave human rights crisis. Although warning signs of that situation had been observed
before 25 April 2015, 5 President Pierre Nkurunziza’s announcement on that date of his
decision to seek a new term in office was followed by a significant deterioration in the
human rights situation. The Commission documented violations that were frequently of an
extremely cruel nature, particularly extrajudicial executions, arbitrary arrests and
detentions, enforced disappearances, acts of torture and other cruel, inhuman or degrading
treatment and sexual violence. Such violations had already been reported by the United
3
4
5
4
On 25 April 2016, the Prosecutor of the International Criminal Court opened a preliminary
examination to determine whether crimes falling within the Court’s jurisdiction had been committed
in Burundi.
Article 1, paragraph 2, of the Protocol additional to the Geneva Conventions of 12 August 1949, and
relating to the protection of victims of non-international armed conflicts, stipulates that “this Protocol
shall not apply to […] isolated and sporadic acts of violence and other acts of a similar nature, as not
being armed conflicts”.
Inter alia by the Human Rights Committee, the Committee against Torture, the Special Rapporteur on
the promotion of truth, justice, reparation and guarantees of non-recurrence and the Special
Rapporteur on the situation of human rights defenders.
GE.17-13865
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