人权理事会决定立即向布隆迪派遣一支团队调查侵犯和践踏人权行为（部分翻译）

下午

2015年12月17日

人权理事会今天下午通过了一项决议，请联合国人权事务高级专员立即组织并向布隆迪派遣一支团队，迅速调查侵犯和践踏人权行为，旨在预防人权状况的进一步恶化。

在一份关于预防布隆迪人权状况恶化的决议中，理事会强烈谴责布隆迪境内所有行为者当前的严重侵犯和践踏人权行为，以及安全部队对示威者和其他平民过度使用武力的行为。它还谴责了针对性暗杀等报复性的暴力行为，谴责了对这类行为有罪不罚的氛围，还谴责了国内某些行为者的煽动性声明。理事会呼吁布隆迪当局保护人们免受恐吓与暴力，对所有侵犯和践踏人权行为推动透明的问责制，并对严重侵犯与践踏人权行为开展彻底而独立的调查，从而让所有肇事者被绳之以法。

理事会请联合国人权事务高级专员立即组织并向布隆迪派遣一支团队，迅速调查侵犯和践踏人权行为，旨在预防人权状况的进一步恶化。理事会要求这个团队与布隆迪当局和所有利益攸关方互动，确保对侵犯和践踏人权行为问责，包括明确被指的肇事者，通过适当的过渡时期司法措施，维护《阿鲁沙协定》的精神。

布隆迪作为当事国发言，并表示，这份决议草案和特别会议据称是为了预防布隆迪的灭绝种族现象，但事实上是某些国家影响国际议程的企图。布隆迪不再是一个殖民国家，而是主权国家，由过去几届选举赋予合法职权的男男女女所领导。决议旨在成立一个独立专家团队调查人权侵犯事件，但是这项倡议的附加价值令人疑惑，因为理事会已经通过了一项关于向布隆迪提供技术援助和能力建设的决议，该决议依然需要落实。

在关于布隆迪人权状况的讨论中，发言者欢迎举行本次特别会议，也欢迎通过人权理事会机制明确了额外的措施来帮助布隆迪克服国内的暴力和不安全。布隆迪必须加强打击有罪不罚，将所有肇事者绳之以法。发言者重申了加强国内政治对话的共同责任。布隆迪的紧张局势显示了族裔分化，并且存在切实的风险，会导致最恶劣的暴行升级。这个恶性循环已经在布隆迪开始，只能通过所有政治家、军队和政府负责的行为加以解决。

发言方有新西兰、国际法语组织、刚果民主共和国、乌干达、苏丹、克罗地亚、厄瓜多尔和坦桑尼亚。

以下非政府组织也做了发言：东非和非洲之角人权维护者项目（East and Horn of Africa Human Rights Defenders），国际慈善社（Caritas International），促进正义与和平道明会（多明我会）（Dominicans for Justice and Peace – Order of Preaches），国际人权同盟联合会（International Federation of Human Rights Leagues），世界福音派教会联盟（World Evangelical Alliance），联合国观察，非洲维护人权会议（Rencontre Africaine pour la Défense des Droits de l'Homme，与东非和非洲之角人权维护者项目的联合声明），国际人权服务社（International Service for Human Rights），国际特赦组织，独立研究与对话倡议中心（Centre indépendant de recherché et d’initiative pour le dialogue，与非洲通信和促进国际经济合作组织（Organisation pour la Communication en Afrique et de Promotion de la Coopération Economique International）的联合声明）。

在关于决议草案的行动中，美国发言介绍了案文草案；荷兰在一般性意见中代表欧盟发言；布隆迪作为当事国发言。

今天上午，特别会议首先听取了联合国人权事务高级专员扎伊德·拉阿德·侯赛因；联合国秘书长防止灭绝种族问题特别顾问阿达马·迪昂（Adama Dieng）；境内流离失所者问题特别报告员兼特别程序协调委员会主席迈克·阿德（Michael Addo）；非洲联盟政治事务专员艾莎·拉拉巴·阿卜杜拉伊（Aisha Laraba Abdullahi）的主旨发言。

他们的发言可在这里查看。

这是人权理事会第二十四次特别会议。有关特别会议的文件，包括决议，请见人权理事会网页。人权理事会第三十一届常会将在2016年2月29日至3月24日举行。

Discussion

1 New Zealand was deeply troubled at the growing violence in Burundi and the impact of the ongoing crisis on the people of Burundi as well as on the stability of the wider region. As a co-sponsor of the resolution, New Zealand welcomed the creation of the proposed human rights mission by the High Commissioner and its proposed objectives, and called upon all parties to the crisis to assist in the full implementation of its mandate.

Organisation Internationale de la Francophonie wished to express its concern about the situation in Burundi, which threatened the stability of the country and the entire region. In this direction, the Secretary General of the Francophonie had urged an inclusive dialogue and had appointed a Special Envoy for the Great Lakes. Since July 2015, Burundi had been placed under observation by the Council of the Francophonie and a resumption of the political dialogue was a prerequisite for it regaining full membership status.

Democratic Republic of Congo said it was concerned by the acts of violence in Burundi which had a direct impact on the peace and security. The acts of violence were the result of the instrumentalization of youth carried out by political players, who sought power due to a misunderstanding of the Arusha Agreement. The punishment of such perpetrators was needed.

Uganda said that the proposed regional mediation to establish a peace process between the Government and the opposition was the best way to finding a lasting solution. The Summit of the East African Community in July 2015 had appointed President Yoweri Museveni to facilitate a dialogue at the regional level. He had actively used his good offices to facilitate communication and negotiations which successfully defined the priority issues between the parties in conflict. However, the dialogue was temporarily interrupted while informal consultations continued.

Sudan said that the critical situation in Burundi in light of the current crisis required utmost caution in providing assistance in line with the principle of international cooperation to enable it to strengthen the protection of human rights. Sudan commended international and African efforts to restore peace and stability, and the efforts deployed by the African Union Commission and the East African Community in supporting the Government of Burundi to restore stability.

Croatia welcomed the holding of this Special Session and the additional steps identified through Human Rights Council mechanisms to help Burundi overcome violence and insecurity in the country. Burundi must step up its fight against impunity and bring perpetrators to justice. Croatia commended regionally-led mediation efforts and said that it was a common responsibility to enhance political dialogue in Burundi.

Ecuador expressed concern about the violence in Bujumbura and elsewhere in the country and condemned ethnic-based incitement to violence. Burundi must take all possible steps to stop the violence and find inclusive solutions on the basis of democracy and respect for human rights. The international community should strengthen its efforts and provide humanitarian assistance to the region.

Tanzania was deeply troubled by the continuing crisis in Burundi, whose effects were spilling into neighbouring countries. Tanzania alone was sheltering 126,000 refugees from Burundi and it called on all parties to the conflict to exercise utmost restraint. Tanzania recalled the primary responsibility of Burundi to protect its population and stressed that peace finding initiatives must be guided by the Constitution of Burundi and the provisions of the Arusha Peace Agreement.

East and Horn of Africa Human Rights Defenders Project said that since May 2015, the population of Burundi had been living in fear. Over 600 assassinations had been perpetrated by the police and others. Many journalists had fled the country and civil society had not been spared. Mr. Pierre Claver Mbonipa had barely escaped, but his son-in-law and his own son had been killed. The Council should urgently establish an inquiry mission in order to bring the perpetrators to justice.

Caritas Internationalis deplored the escalating violent situation in Burundi which was now at a critical level. The killings constituted grave violations of human dignity. The country was on the brink of an ethnic civil war with catastrophic repercussions. CARITAS urged the international community to take urgent measures to ensure the security of the Burundi population, among others, and to appoint an Independent Expert on the situation in Burundi.

Dominicans for Justice and Peace Order of Preachers said Burundi was on fire. The pursuit of alleged thieves had been carried out in a way that had gone far beyond any international norms for dealing with armed robbers. Several witnesses had reported the kidnapping of young persons from their homes by military and police in uniforms and their summary execution by being shot in the head or the heart. The priority was not to impose sanctions which would punish the poor in Burundi.

Human Rights Watch said that the human rights situation in Burundi had reached a new low. Last Friday, scores of people had been killed in the capital Bujumbura in the most serious incident since the crisis had started in April. The Government and opposition groups had increasingly resorted to violence. The investigations promised by the Burundi authorities had not resulted in concrete actions to hold perpetrators to account. Human Rights Watch called for the creation of an Independent Expert.

International Federation for Human Rights Leagues said that human rights violations committed in Burundi could constitute crimes against humanity, in the competence of the International Criminal Court, to which Burundi was a State party. The Council should call upon the High Commissioner for Human Rights to appoint as soon as possible a mission of inquiry with a mandate to end the impunity.

World Evangelical Alliance said that tensions in Burundi showed ethnic divisions and held real risk to escalate into the worst atrocities. The vicious cycle had started in Burundi which could only be tackled by the responsible behaviour of all politicians, the army and the Government. A Special Rapporteur on the human rights situation in Burundi should be appointed.

United Nations Watch welcomed the initiative to hold this Special Session and speak out for the men, women and children of Burundi, who could face possible genocide. With the election of Burundi to the Human Rights Council, the United Nations had sent to Burundi a message of impunity and it should cancel Burundi’s new membership before it started on 1 January 2016.

Rencontre Africaine pour la défense des droits de l’homme said that the principal perpetrators of violence in Burundi must be brought to justice, called for an arms embargo, and called upon the Government of Burundi to ensure proper respect for international humanitarian law, human rights and fundamental freedoms.

CIVICUS, in a joint statement with East and Horn of Africa Human Rights Defenders Project, remained deeply concerned that State security forces continued to carry out widespread atrocities on a daily basis in a climate of impunity, including targeting civilians, representatives of civil society, and members of the political opposition. It was imperative that the Human Rights Council appoint an expert to investigate the situation of human rights violations.

International Service for Human Rights welcomed the Special Session, but regretted the Council’s inability and States’ unwillingness to respond earlier and in a more preventive fashion. The International Service supported the steps envisaged in today’s draft resolution to enhance the United Nation’s monitoring and investigation role and to provide regular feedback to the Human Rights Council.

Amnesty International said that the gravity of the human rights situation in Burundi and the danger of its further and rapid deterioration were beyond doubt. While it was clear that the Government faced an extremely challenging security situation, characterised by armed attacks on the security forces, the Government had to confront these challenges in a manner consistent with human rights and the rule of law.

Centre indépendant de recherché et d’initiative pour le dialogue, in a joint statement with Organisation pour la Communication en Afrique et de Promotion de la Coopération Economique Internationale - OCAPROCE Internationale, invited the Members of the Human Rights Council to adopt by consensus today’s resolution. It regretted that since May 2015, civil and political liberties had been restrained and called on the Government and its partners to consider that the current configuration was reminiscent of 1972 and 1996, when there had been the genocide of Hutus and Tutsis.

Action on the Resolution on Preventing the Deterioration of the Human Rights Situation in Burundi

In a resolution (A/HRC/S-24/L.1) on preventing the deterioration of the human rights situation in Burundi, adopted without a vote, the Council strongly condemns the ongoing serious violations and abuses of human rights in Burundi by all actors, particularly the restrictions on freedom of expression and freedom of peaceful assembly and association, the excessive use of force by the security forces against demonstrators and other civilians, retributive acts of violence, including targeted assassinations, the climate of impunity in which these acts are committed, and the incendiary statements of some actors in the country. The Council calls upon the Burundian authorities to undertake to protect the people of Burundi against unlawful acts of intimidation and violence, to adhere to the rule of law and promote transparent accountability for all human rights violations and abuses, and to conduct thorough and independent investigations of serious violations and abuses of human rights so that all perpetrators, regardless of their affiliation, are held to account.

The Council requests the United Nations High Commissioner for Human Rights to urgently organize and dispatch a mission by independent existing experts to: undertake an investigation into violations and abuses of human rights with a view to preventing further deterioration of the human rights situation; make recommendations on the improvement of the human rights situation and on technical assistance to support reconciliation and the implementation of the Arusha Agreement; engage with the Burundian authorities and all other relevant stakeholders to ensure accountability for human rights violations and abuses, including by identifying alleged perpetrators, to adopt appropriate transitional justice measures and to maintain the spirit of the Arusha Agreement; and issue an oral update and participate in an enhanced interactive dialogue on the human rights situation in Burundi at the thirty-first session of the Human Rights Council, and to issue a final report and participate in an enhanced interactive dialogue on the human rights situation in Burundi at the thirty-third session.

United States, introducing draft resolution S.24/L.1 on preventing the deterioration of the human rights situation in Burundi, said that the proposed text built on the consensus resolution passed during the thirtieth session of the Human Rights Council. The resolution condemned ongoing violations and abuses of human rights in Burundi and urged all to promote a climate of respect based on the Arusha Agreement in order to reach a peaceful solution. The resolution requested the United Nations High Commissioner for Human Rights to urgently deploy an expert mission to investigate abuses and violations of human rights. The United States welcomed the pressure by the international community to maintain political dialogue and said that the resolution sought to keep international attention on the dire human rights situation in Burundi and to keep the pressure on the stakeholders to seek dialogue for peaceful solution.

Netherlands, speaking in a general comment on behalf of the European Union, said that the Human Rights Council was meeting again to express its grave concern about the deterioration of the human rights situation in Burundi. The Council must act in keeping with its mandate and the European Union supported the draft resolution which aimed to condemn all human rights abuses committed in Burundi and was in line with the Council’s resolution in October 2015, and the Security Council’s resolution 2248 of November 2015. The draft resolution would not only allow documentation of abuses and perpetrations, but would also allow identification of the perpetrators, and would feed into the future work of the Human Rights Council on Burundi.

Burundi, speaking as the concerned country, said that this draft resolution and the Special Session had as a stated purpose to prevent genocide in Burundi, but were an attempt by some countries to influence international agendas. Burundi was no longer a colonized country but a sovereign one which was led by women and men who had received a legitimate mandate during the last elections. The resolution aimed to establish a mission of independent experts to investigate human rights violations and there was doubt about the added value of this initiative, given that the Council had already adopted a resolution on technical assistance and capacity building to Burundi, which still needed to be implemented.

Closing Remarks

JOACHIM RÜCKER, President of the Human Rights Council, said that the report of the Special Session was being finalized and would be soon posted on the intranet. The Council then adopted the report of the session ad referendum and closed the twenty-fourth Special Session.

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