Human Rights Committee Reviews the Human Rights Situation in Burundi in the Absence of a Delegation
Experts Commend Action on Trafficking in Persons, Express Concern about Reports of Sexual Violence by the Ruling Party’s Youth League and Persecution of Lesbian, Gay, Bisexual, Transgender and Intersex Persons
The Human Rights Committee today considered the third periodic report of Burundi on how it implements the provisions of the International Covenant on Civil and Political Rights in the absence of a delegation. Committee Experts commended the implementation of standard operating procedures for victims of trafficking, and expressed concern about reports of the ruling party’s youth league, the “Imbonerakure”, using sexual violence as a tool of intimidation, and of persecution of lesbian, gay, bisexual, transgender and intersex persons.
Opening the session, Wan-Hee Lee, Chief of the Civil, Political, Economic, Social and Cultural Rights Section, Human Rights Council and Treaty Mechanisms Division, United Nations Office of the High Commissioner for Human Rights, read out a statement from the delegation. The statement said that the delegation found it unacceptable to stay present in a meeting where a convicted criminal posing as a civil society member was in the same room. The State party was, however, still committed to upholding the Covenant, the statement concluded.
The Committee then proceeded to review the State party report in absence of a delegation.
A Committee Expert said that the State party’s efforts in implementing standard operating procedures to identify and refer trafficking victims to appropriate care were notable. Could the delegation address the issue’s reported persistence?
Another Expert expressed concern about reports of the ruling party’s youth league, the “Imbonerakure”, using sexual violence as a method of intimidation against women and girls perceived to belong to the political opposition. What investigations were underway into these crimes and how would impunity for them be prevented?
One Expert recalled that the delegation had claimed sovereignty as grounds for its law criminalising same sex relations. Sovereignty, however, did not excuse derogation from a treaty that was entered into voluntarily. When would the delegation repeal its law criminalising same-sex relations? A general climate of stigma led to lesbian, gay, bisexual, transgender and intersex people being excluded from schools, public services including health services, and public life. What measures would the delegation take to ensure that lesbian, gay, bisexual, transgender and intersex persons were respected in line with the Covenant?
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said that a lack of answers from the delegation would not permit the Committee to fulfil its mandate properly. She said issues addressed during the review included violence against women, abortion rights, enforced disappearances, extrajudicial killings, prison overcrowding, internally displaced persons, street children, independence of the judiciary, violence during elections and the status of human rights defenders.
The Human Rights Committee’s one hundred and thirty-eighth session is being held from 26 June to 26 July. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m., Wednesday 5 July to begin its consideration of the first periodic report of the State of Palestine (CCPR/C/PSE/1).
Report
The Committee has before it the third periodic report of Burundi (CCPR/C/BDI/3).
Statements and Questions by Committee Experts
WAN-HEE LEE, Chief, Civil, Political, Economic, Social and Cultural Rights Section, Human Rights Council and Treaty Mechanisms, United Nations Office of the High Commissioner for Human Rights, took the floor to deliver a statement from the delegation. It said that it was unacceptable to stay present in a meeting where a convicted criminal posing as a civil society member was in the same room. The State party was, however, still committed to upholding the Covenant, the statement said.
The review was then held in absence of a delegation.
A Committee Expert said progress in upholding the Covenant was notable. What was the State party doing concretely to enforce the provisions of the text domestically? Had courts ever invoked the Covenant in proceedings? What efforts were undertaken to disseminate and raise awareness of the Covenant amongst the public?
The reaccreditation of the national human rights institution to “A” status was commendable, but reports of enforced disappearances and arbitrary detention were absent from the body’s reports. Could the delegation address this?
Reportedly, the Government had refused to acknowledge the COVID-19 pandemic. World Health Organization officials were declared persona non grata and no restrictions whatsoever were taken to limit the spread of the virus. The State party denied these events and noted that measures were taken to respect barriers. How many people died during the COVID-19 pandemic?
Another Expert noted the absence of the delegation with regret. The State’s score on Transparency International’s Corruption Perception Index was 17 out of 100, indicating a high level of corruption. Could the delegation provide detailed information on the cases overseen by the special anti-corruption court, broken down into convictions and acquittals? As mining was a concerning issue, did the State party plan to join the Extractive Industries Transparency Initiative?
Spousal and gender-based violence was concerning, as many complaints were reportedly not pursued. How many cases were brought to trial versus dismissed in 2021? How many psychologists were available to victims of sexual and gender-based violence?
Reports of the ruling party’s youth league, the “Imbonerakure”, committing sexual violence against women and girls as a method of intimidation for supposedly belonging to the political opposition were concerning. What investigations were underway into these crimes and how would impunity for them be prevented?
Another Committee Expert noted a worrying trend of the State party participating less and less in treaty body reviews.
The delegation had claimed sovereignty as grounds for its law criminalising same sex relations. Sovereignty, however, did not excuse derogation from a treaty that was entered into voluntarily. When would the delegation repeal article 590 criminalising same-sex relations? Further, a general climate of stigma led to lesbian, gay, bisexual, transgender and intersex people being excluded from schools, public services including health services, and public life. What measures would the delegation take to ensure that lesbian, gay, bisexual, transgender and intersex persons were respected in line with the Covenant?
Though female representation did indeed increase since the State party’s last review, the situation of equality for men and women was concerning. Women could not pass on their citizenship to their children and did not have equal succession and land rights. Could the delegation address this?
The State party considered abortion a crime. How would the State party put measures in place to decriminalise abortion and prevent backstreet abortions? When would the State party establish a sexual health and education policy for both women and men? What measures would be taken to ensure that people in rural populations were reached by these programmes?
Another Committee Expert noted the efforts taken to reduce enforced disappearances, arbitrary executions and mass graves, which were practiced during the crisis in 2015. However, fears among the general population persisted due to a lack of prosecution of perpetrators. Could the delegation provide detailed statistical information into all past and recent reports of enforced disappearances and killing of political activists by the law enforcement agencies and the Imbonerakure, including detailed information on the international arrest warrants issued, investigations and prosecutions conducted, convictions handed down, and penalties imposed on the perpetrators? Could the delegation provide information on extrajudicial killings of rebels in the Rumonge province or the recent execution of Claude Ndimunzigo?
Compensation of victims’ families, while sometimes awarded, was not actually received due to the perpetrator’s insolvency. How did the State party plan to address this so that compensation would be paid? Would a fund for victims’ families be established? How many complaints were submitted to courts on extrajudicial killings? How were the complainants protected from reprisal?
Another Expert noted that official numbers on cases of torture did not reflect information received by the Committee, being very low. Could the delegation address this? How would the State party respond to the Committee’s recommendation that the State party create a complaints mechanism for victims of torture and disseminate information about it? The arrest, conviction and reported torture of journalist Floriane Irangabiye were concerning. Could the delegation address this?
What was the State party doing to address overcrowding in prisons? Reportedly, prisons were overcrowded, at 292 per cent capacity. Was information available on the number of injured or killed prisoners during the 2021 fire in the Gitega Prison?
A Committee Expert noted the State party’s claims that arbitrary detention of minors was rare. The Committee had received reports to the contrary. Could the delegation address this? What measures were employed to reduce pre-trial detention and the week-long and renewable period of police custody? What information was available on internally displaced persons affected by natural disasters and what measures were taken to protect their land rights and right of return—especially for women? Reports were received that camps housing displaced persons were the targets of constant intimidation by the Imbonerakure. What measures were put in place to prevent sexual violence and exploitation of women and girls in the camps?
The Batwa were reportedly absent from the political sphere and were entirely unrepresented in media. Though they had been recognised as indigenous persons, their current almost total absence was concerning. How did the State party imagine the future of this indigenous population?
Another Expert recalled a joint Human Rights Council Special Procedures report on violence, persecution and enforced disappearances of Burundian refugees in Tanzanian camps. Would the State party accept a visit from United Nations independent experts to address their concerns? The United Nations Children’s Fund noted that 1.7 per cent of the national budget was allocated to the protection of children. What mechanisms addressed the protection of children? Reportedly, there were 120 new-borns housed in prison with their mothers. What measures were in place to ensure their protection? How many street children had been victims of trafficking and exploitation since the national strategy addressing the issue was implemented in 2013? How many in the past three years? What measures were in place to address the specific situation of Batwa street children and children with albinism?
Next, a Committee Expert noted that the President of the Republic and the President of the Supreme Court were members of the High Judiciary Council. How were they elected? How was the High Judiciary Council’s independence ensured? How was the administration of justice improved given the lack of elected judges and long legal delays?
What was the status of the overhaul of the access to information act, a process initiated several years ago with the assistance of United Nations Educational, Scientific and Cultural Organization that had not yet materialized into concrete initiatives.
The disappearances in 2016 and 2015, respectively, of the Iwacu journalist Jean Bigirimana and the human rights defender Marie-Claudette Kwizera were concerning. Reportedly, they were being held by intelligence services. Could the delegation address this? Further, the 12 journalists and human rights defenders condemned for rebellion and insurrection was of concern. Reportedly, many now lived in exile. Why were they denied legal representation?
An Expert noted an important improvement in civic space. However, impunity and corruption in the judiciary and the Government were perceived as unchangeable. How would the State party address this before the next elections? Further, the Imbonerakure reportedly attacked the political opposition’s rallies. While the registration of political demonstrations was no longer required and simple notification was the procedure, harassment was still commonplace. Further, reportedly civilians were forced to participate in some demonstrations. What measures protected the right to freedom of assembly and those practicing that right from violence by the police and the Imbonerakure? What investigations were underway into the perpetrators and what sentences had been handed down?
What measures were taken to allow non-governmental organizations and other businesses to operate freely according to the 2017 act? Reports of forced adherence to the current political party were concerning, especially in the context of the upcoming elections. Violence, intimidation and incitements to ethnic hatred were reportedly committed by the police, the ruling political party, the intelligence and the Imbonerakure against opposition candidate in previous elections. Blank arrest warrants were given to police and victims had to bribe officers to be released. This was corruption. What investigations were underway into the perpetrators of these events; what convictions had been handed down; and what was being done to prevent recurrence, including information campaigns on incitement to ethnic and political violence?
Another Expert commended the State Party for its cooperation with the International Organization for Migration to create the Burundi Counter-Trafficking Programme 2019-2022, which used an integrated approach to combat trafficking that considered respect for human rights and the national, regional and global nature of the phenomenon. Could the delegation provide information on how it implemented its 2014 anti-trafficking law, which addressed victims of sexual exploitation, domestic servitude and begging? Could the delegation address the issue’s reported persistence? The State party’s efforts in implementing standard operating procedures to identify and refer trafficking victims to appropriate care were notable. Could the Government provide statistics on the trafficking victims identified and referred to the appropriate care?
In view of reports regarding an absence of effective opposition representation and a lack of inclusive political dialogue, could the State Party comment on the restrictions on the right to stand for elections imposed by the Electoral Code of 20 May 2019, particularly the 17,000 United States dollar financial deposits required? Other requirements to be considered an independent candidate included non-adherence to a political party for more than a year, having not held a leadership role in any political party over a two-year period and confirmation of the candidate’s independence through the proposal of a personal social project. How did this guarantee free elections?
Another Expert asked if the Minister of Justice ordered the prosecution to start and stop prosecutions. Such a possibility was worrisome, as in high level corruption cases, the judiciary could be influenced by other branches of Government. When a conviction was handed down against someone in exile, did that person have a chance to defend themselves in person?
A Committee Expert noted that the conditions in prisons of real or perceived political opponents, including treatment by both authorities and the Imbonerakure, were concerning. Could the delegation address this?
Another Expert said that arbitrary detention, confiscation of property and other ill treatment of voluntarily returned refugees were of concern. Could the delegation address this issue? The tenure of judges was not protected. How did the State party protect the justice system from corruption and ensure its independence?
An Expert asked about the Commission for Truth set up following the Arusha Peace and Reconciliation Agreement for Burundi, which established quotas for positions in the security forces and conditions for the peaceful coexistence of all communities in the country. Were any updates available on the Commission’s activities in addressing the root causes of strife in the country?
Another Expert said they predicted that the national human rights institution would lose its credibility and its “A” rating as its current members had been approved by the President and could not be considered independent. How would the State party address this? What information was available on the report by the Truth Commission?
Closing Statement
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, underscored that the review had taken place in absence of the delegation, which would affect the Committee’s concluding observations. The Committee studied each country to be reviewed in advance of each dialogue to assess the human rights situation and adherence of each State party to the Covenant. A lack of answers from the delegation would not permit the Committee to fulfil its mandate properly. However, it was important to note that the Committee members fulfilled their duties admirably. Issues addressed during the review included violence against women, abortion rights, enforced disappearances, extrajudicial killings, prison overcrowding, internally displaced persons, street children, independence of the judiciary, violence during elections and the status of human rights defenders. Ms. Abdo Rocholl emphasised that this long list of issues addressed was available to the delegation online. She encouraged the State party to respond in writing. The State party’s responses would allow the Committee to best assess Burundi’s adherence to the Covenant.
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CCPR23.015E