A/HRC/42/49
B.
Individual responsibility
64.
The Commission has continued drawing up its list of alleged perpetrators of crimes
against humanity, distinguishing between direct responsibility and command responsibility,
whether civilian or military. This list is kept confidential to protect sources and respect the
right to the presumption of innocence of the alleged perpetrators, but the Commission
reserves the right to disclose it.
IV. Risk factors
A.
Overview
65.
In accordance with the principles of prevention and early warning promoted by the
United Nations, the Commission decided that it was important to determine whether there
were any particular risk factors linked to the 2020 elections that could have an impact on
the human rights situation. To that end, it used the Framework of Analysis for Atrocity
Crimes developed by the Office on Genocide Prevention and the Responsibility to Protect.30
Risk factors are conditions that create an environment conducive to the commission of
atrocity crimes or point to their possible occurrence. Some are structural, whereas others are
related to dynamic circumstances. The objective indicators included in the Framework are
different manifestations of each risk factor and therefore assist in determining the degree to
which an individual risk factor is present. Observing the situation and warning of the
existence of risk factors – without determining the likelihood of atrocity crimes occurring –
are necessary steps, as the warning can itself help ward off or mitigate the risks of a
deterioration of the human rights situation. The Commission has sought to identify the
indicators that would help it determine what risk factors are present in Burundi.
B.
Significant developments
1.
Failure to resolve the 2015 political crisis
66.
The crisis of 2015, which was primarily political, continues to affect Burundi
society. The inclusive inter-Burundi dialogue is at an impasse, as the Government of
Burundi has rejected the process and the need for it. The people are continuing to fall
further into poverty, and the many refugees from Burundi are still without real prospects.
The Burundian authorities refuse to engage in dialogue to resolve this profound political
crisis and view any attempt by the international community to resolve it or to address
human rights violations and international crimes as violations of national sovereignty and
attempts to destabilize the country. Impunity prevails, and victims remain without access to
remedies.
2.
2020 elections
67.
The existence of democratic space is a key indicator for the holding of fair, free and
credible elections. Democratic space in Burundi has shrunk steadily since 2015, as national
human rights mechanisms are neither independent nor effective. The Government is
increasing its control over NGOs, and with the National Communication Council practising
censorship, freedom of the press has become a fiction.
68.
There is no real multiparty system in Burundi. Most parties have been infiltrated and
divided so that only the wings loyal to the Government have official approval. The political
arena has been cordoned off by CNDD-FDD. The hopes raised by the approval of the
Congrès national pour la liberté in February 2019 were quickly dashed. Its members are
harassed or even persecuted, and the party’s activities are restricted, controlled or banned,
highlighting the political intolerance prevailing in Burundi. This situation suggests that the
30
GE.19-13419
A/70/741-S/2016/71.
13
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