Burundi needs an Independent National Human Rights Commission, says UN Independent Expert

Bujumbura, 30 January 2009 – “Burundi needs an Independent National Human Rights Commission”, said Akich Okola, Independent Expert of the UN Human Rights Council on the situation of human rights in Burundi, at the end of his 11th visit to the country from 20 to 30 January 2009. National human rights institutions play a key role in protecting and promoting human rights at the national level. They can also act as an interface between the State and the civil society. “However, it is essential that they are independent in order to be credible and effective,” said the Independent Expert.

The Independent Expert commended the Government of Burundi for the commitment made on the occasion of the Universal Periodic Review of Burundi in December 2008 to establish “an independent national human rights commission in compliance with the Paris Principles with a strong mandate.” However the Independent Expert warned that “the current draft law that was approved by the Council of Ministers in November 2008 falls short of compliance with the Paris Principles”. The Paris Principles, which have been endorsed by the UN General Assembly, are a set of international standards that national human rights institutions must comply with in order to be legitimate, independent, credible and effective.

“The UN Human Rights Council, through resolution 9/19, decided in September 2008 to extend the mandate of the Independent Expert until an independent human rights commission has been established”, recalled Mr Okola. “It is imperative that this institution is independent and functioning according to international standards to meet its goal of protecting and promoting human rights,” he added. The UN Security Council, in its resolution 1858 (2008) that extended the mandate of BINUB (the UN mission in Burundi) until 31 December 2009, also encouraged the Government of Burundi to pursue its efforts to broaden the respect and protection of human rights, including through the establishment of a national independent human rights commission, bearing in mind the Paris Principles.

Independent Expert warned that with the impending elections “the human rights situation in Burundi remains of concern and the possibility of the country being plunged again into a cycle of violence cannot be ruled out if the necessary conditions for the holding of free and fair elections in 2010 were not met.” These, he added, “should include the establishment of a credible electoral body to supervise the elections.”

In this regard, the Independent Expert urged the international community to “assist the Government of Burundi at this crucial stage of its history in order for the country to avoid return to violence that would inevitably lead to serious human rights violations”. He also encouraged the Government of Burundi to consider seeking assistance from the UN in organizing the elections in 2010.

While commending the international community for the contribution which they had made to assist Burundi with its reconstruction of the country, he noted with concern that their efforts to stem the deteriorating political situation had not borne fruit. “The situation requires immediate and active intervention by all friends of Burundi,” stated the Independent Expert. “As the electoral clock winds down to 2010 it is imperative that all necessary measures be taken by Burundi’s friends to encourage dialogue, reconciliation and compromise so that the peace which the country has enjoyed since the 2005 elections is consolidated,” the Independent Expert said. He appealed to the political parties that, while pursuing their legitimate political interests, they should do so bearing in mind the legitimate interest of the people of Burundi as well, which is peace and security. “Political parties have a duty to act responsibly in conducting their activities, as their actions can make or destroy the country,” said the Independent Expert.

During his visit, the Independent Expert met with a number of individuals – a journalist, a trade unionist and a politician - who were arrested since his last visit to the country in September 2008, and former Members of Parliament who were arrested before his last visit, all of whom remain in detention accused of charges that range from “threat to security of state” to “slandering the Head of State”. The Independent Expert also noted a number of irregularities that seem to hamper the right to a fair trial including use by the state of procedural rules which result in long pre-trial detention.

The Independent Expert said that he was pleased to see that conditions of detention in the Central Prison of Mpimba had improved since his last visit and commended the international community for its support to the reform of the judiciary and penitentiary.

On the issue of transitional justice, the Independent Expert met with the Tripartite Steering Committee (the body in charge of organizing the national consultations that includes representatives of the Government, the UN and the civil society). “One should not forget that the objective of these consultations is to seek the views of the population of Burundi on the truth and reconciliation commission and the special tribunal that should be established.” said the Independent Expert. In order for this objective to be attained, he urged the Government of Burundi to take measures to ensure an environment conducive to national consultations on transitional justice, in which victims and witnesses will participate without fear.

The Independent Expert also visited the safe house in the Province of Ruyigi in which a population of Albinos from across the country is currently housed in order to protect them from attacks. He expressed deep concern on the situation of Albinos, who since August 2008 have been targets of violent attacks that had resulted in the murder of six of them. “Superstitious belief behind these horrendous crimes, that limbs of Albino people can provide wealth, shows the extent to which the populations of Burundi and Tanzania lack information and education,” he stated. He called on the Governments of both countries to strengthen cooperation in order to tackle this issue properly and make sure that perpetrators are brought to justice.

He urged the government in cooperation with the international community to ensure that appropriate measures to return the Albinos and their families to their communities of origin where they should be protected. “The solution found so far of assembling Albinos in a temporary shelter will in the long term contribute to the stigmatization of this group”, warned the Independent Expert.

“Homosexuals constitute another group of citizens whose rights are in jeopardy in the Burundian society,” observed the Independent Expert. In this regard he referred to the draft Criminal Code adopted by the Council of Ministers in November 2008, which criminalizes same sex sexual relations. H e urged the Government of Burundi reconsider its decision on this matter, as it had undertaken to do during the Universal Periodic Review in December 2008.

While he expressed satisfaction for the better definition and increased repression of acts of rape and sexual violence by the draft Criminal Code, the Independent Expert noted with concern that it still requires the victim of domestic violence to file a complaint. In his view “this provision will not improve the current situation as the prosecutor will not on his own volition be able to prosecute cases”. He furthermore expressed concern at the slow progress made to tackle sexual violence against women and children, as a large number of incidents still continue to be reported since his last visit. “It is evident that awareness- raising campaigns are not enough, and that a climate of impunity still prevails. Unless appropriate action is taken by the judiciary this situation is likely to remain unchanged,” stated the Independent Expert.

“A revision of the Criminal Code was very much needed and I commend the Government of Burundi for its efforts in this matter, however, it is crucial for the future of the country that it is done in full respect to international human rights standards”, stated the Independent Expert.

The Independent Expert commended the Government of Burundi for the efforts it had made to bring to justice those responsible for the Muyinga massacre. “This clearly demonstrates that the Government is determined to root out the culture of immunity,” said the Independent Expert. However, he noted that a number of persons suspected to have been involved in the incident have not yet been apprehended and tried for the offence, and urged the government to pursue them so that this matter can be brought to a satisfactory closure. He urged the Government to pursue the case of the Gatumba massacre with the same determination.

The Independent Expert further commended the Government for the achievements it had made in the areas of primary education and free medical assistance for children and expectant mothers. He commended the international community for its support and urged it to continue assisting the Government with these programmes.

The Independent commended the Government and the NFL for the spirit of accommodation they had shown in implementing the cease-fire agreement and hoped that further negotiations would soon lead to the full implementation of the agreement.

During his visit the Independent Expert met the First Vice-President, the Attorney- General, the Vice-Minister for Human Rights and Gender, the Permanent Secretary in the Ministry of Foreign Affairs, the Governor of the Province of Ruyigi, representatives of political parties, the civil society, representatives of the media, representatives of the trade union movement, the diplomatic corps and of UN agencies.


Mr. Akich Okola was appointed Independent Expert of the UN Human Rights Council on the situation of human rights in Burundi in 2004. For more information, see http://www.ohchr.org/