A/HRC/36/54
Nations High Commissioner for Human Rights, 6 the United Nations independent
investigation on Burundi7 and the African Commission on Human and Peoples’ Rights.8
13.
The large number of testimonies collected by the Commission clearly show that the
demonstrations which began in April 2015, the failed coup d’état in May 2015 and the
attacks against four military installations in and around Bujumbura on 11 December 2015
constituted decisive stages in the escalation of violence in 2015. This climate conducive to
human rights violations continued in 2016 and 2017, maintained by hate speech on the part
of the authorities and members of the ruling party — the Conseil national pour la défense
de la démocratie-Forces de défense de la démocratie (CNDD-FDD) — and also by the
pervasive impunity that was aggravated by a judiciary lacking independence. Some
violations have been committed in a more clandestine, but equally brutal, manner since
2016.
14.
The victims, mostly young men (with the exception of victims of sexual violence),
were invariably opponents of the Government or perceived as such: demonstrators against
Pierre Nkurunziza’s candidature in the presidential election of 2015; members of opposition
political parties, particularly the Mouvement pour la solidarité et la démocratie, and the
Forces nationales de libération, as well as their relatives; members of the former Burundian
Armed Forces (“ex-FAB”); 9 members of civil society; journalists; persons suspected of
supporting or participating in the failed coup; and members and sympathizers of armed
opposition groups or persons who, having gone into exile, were thereby suspected of
joining those groups. The Commission also noted a phenomenon of recruitment of the
population into CNDD-FDD and its youth league, the Imbonerakure. Any resistance often
led to human rights violations.
15.
The Commission’s interviews revealed a climate of deep and widespread fear: fear
of testifying in view of the risk of reprisals, fear of persecution, even in exile, and fear of
returning to the country. In mid-July 2017, the Burundian refugee population was estimated
at 417,098 persons, 10 i.e. around 4 per cent of the country’s total population. Many
members of civil society, as well as journalists, remain in exile and international arrest
warrants have been issued against some of them. Those who are still in Burundi have to
work underground. The Government has suspended or revoked the licences of the principal
independent media and human rights organizations.
16.
The violations of civil and political rights have had a direct impact on the enjoyment
of economic, social and cultural rights due to the restriction of freedoms, particularly
freedom of movement, and the decision taken by the main donors to suspend much of their
direct aid to the Government as a consequence of those violations. The deteriorating
economic situation has, in turn, exacerbated the phenomenon of extortion, which has taken
various forms, including ransom demands by agents of the State, the release of detainees in
exchange for payment, the imposition of new taxes on an already impoverished population,
and extortion by Imbonerakure.
B.
Responsibility
1.
The State’s responsibility for the conduct of its organs
17.
Under international law, including human rights law, the State is responsible for the
conduct of its organs regardless of whether they exercise legislative, executive, judicial or
any other functions, whatever position they hold in the organization of the State and
6
7
8
9
10
GE.17-13865
See A/HRC/32/30.
See A/HRC/33/37.
Report of the African Commission on Human and Peoples’ Rights on its fact-finding mission to
Burundi (7-13 December 2015).
The term “ex-FAB” refers to members of the former Burundian Armed Forces, the majority of whom
were Tutsis. The Burundian army found itself in a deeply divided state after the attempted coup in
May 2015 and this led to marginalization of the “ex-FAB” and their subjection to human rights
violations.
Office of the United Nations High Commissioner for Refugees, 20 July 2017.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents