Rapport Mondial 2012 de Human Rights Watch

Burundi

Violence increased in Burundi in 2011 as the country's political situation failed to stabilize.

Reciprocal killings by members of the ruling National Council for the Defense of

Democracy-Forces for the Defense of Democracy (CNDD-FDD) and the former rebel group

the National Liberation Forces (FNL) increased, particularly in Bujumbura, the capital, and

in Bujumbura Rural Province. Impunity for these crimes remains one of the most serious

obstacles to peace. The single largest incident of killings took place in September in

Gatumba, near the Congolese border.

The political space in 2011 continued to narrow, with the CNDD-FDD still in a position of

near-monopoly following the main opposition parties' boycott of the 2010 elections. The

government continued to harass and intimidate journalists, lawyers, and civil society

actors who exposed abuses, often labeling them opposition supporters.

The creation of a National Independent Human Rights Commission (CNIDH), whose

members were sworn in in June, was a positive step, but the CNIDH's activities in 2011

were poorly funded.

Political Space

The CNDD-FDD continued to dominate political space, sending contradictory messages to

the opposition. On the one hand, President Pierre Nkurunziza, during his Independence

Day speech on July 1, appealed to exiled opposition leaders to return to Burundi peacefully

and help contribute to the construction of the country. On the other, the government and

the opposition were unable to agree on the preconditions for dialogue, despite

international appeals to do so. The situation was exacerbated by the disarray of the

opposition and the lack of official recognition of the opposition coalition, ADC-Ikibiri.

Escalation of Political Violence

After exiting the political process in 2010, some FNL members again took up arms and

began launching attacks inside Burundi and from neighboring Democratic Republic of

Congo. A number of other unknown armed groups have also emerged. In response, the

CNDD-FDD increased attacks on FNL members and former members, notably through its

imbonerakure youth wing and the National Intelligence Services (SNR).

Killings targeted prominent members of the FNL as well as the rank and file. Demobilized

FNL commander Audace Vianney Habonarugira was shot dead in July 2011. He had first

been shot and seriously injured by a policeman in March 2011, and he was repeatedly

threatened and sought after by state security agents in the months before his death.

Dédithe Niyirera, FNL representative in Kayanza province, was killed in Kayanza in late

August after receiving numerous death threats. Médard Ndayishimiye, a local FNL leader in

Mwaro province who was also threatened, was found dead in Rutana province in October

after being abducted in Gitega town where he had fled for his safety. Demobilized FNL

combatants were also pressured to join the SNR and the imbonerakure or face death, in an

effort to recruit members who can more easily identify current and former FNL members.

Many FNL members and former members went into hiding after receiving threats.

In response to these attacks, armed groups, some of whom were believed to be associated

with the FNL, increased attacks on CNDD-FDD members and local officials. Among the

victims were Pascal Ngendakumana and Albert Ntiranyibagira, two low-ranking CNDD-FDD

members, killed on April 6 by individuals believed to be associated with the FNL.

On September 18, gunmen killed around 40 people in an attack on a bar in Gatumba,

Bujumbura Rural province. It was the largest massacre in the country in several years. The

majority of victims were not known to be affiliated with a particular political party. Nine

days later the intelligence services blamed FNL leaders for the attack. However, the

findings of the commission of inquiry have not yet been published.

Impunity

Following the Gatumba killings, President Nkurunziza announced that the government

would find the perpetrators within one month. A special commission was established to

conduct an investigation and submitted its report to the prosecutor general in October. By

the end of October, 20 people were in pre-trial detention in connection with the Gatumba

attack. Other commissions have been established since late 2010 to investigate

extrajudicial killings and other abuses before, during, and since the 2010 elections. At this

writing none of these commissions had published their findings.

Almost all political killings by individuals affiliated with the CNDD-FDD or the security

forces were conducted with impunity. In some cases, the police or the prosecutor opened

investigations, but these rarely led to arrests. When crimes were believed to have been

perpetrated by opposition groups, the typical government response was to arbitrarily

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target FNL or ex-FNL members, even when there was no credible evidence that the

individuals punished were responsible for these crimes.

Hearings into the killing of Ernest Manirumva, vice-president of the anti-corruption

organization OLUCOME, have stalled since 2010. Eleven suspects remain in preventive

detention since 2009 while high-level security force suspects have still not been questioned.

Journalists, Civil Society Activists, and Lawyers

Jean Claude Kavumbagu, a journalist charged with treason following his 2010 article

questioning the army's ability to respond to attacks from al-Shabaab, was released on May

13, 2011. He was found guilty of "publishing an article likely to discredit the state or

economy" and sentenced to eight months, but was released shortly after the trial since he

had spent 10 months in pre-trial detention.

Bob Rugurika, chief editor of African Public Radio (RPA), was summoned multiple times to

the public prosecutor's office and questioned about RPA's radio broadcasts. He was

accused of disseminating information that "incites the population to civil disobedience"

and "incites ethnic hatred" after broadcasting programs that called for dialogue with the

opposition. Rugurika also faced questions about programs that touched on the

composition of a committee set up by the government to prepare a Truth and

Reconciliation Commission. Patrick Mitabaro, editor-in-chief of Radio Isanganiro, was also

summoned after his station aired an interview with former spokesperson of the FRODEBU

party, Pancrace Cimpaye. He was accused, among other things, of disseminating

information that could affect state security. Neither journalist was charged.

The National Security Council issued a one month media blackout on the Gatumba killings,

prohibiting journalists from reporting, commenting on, or analyzing the incident and any

other case under investigation. Five radio stations and one newspaper briefly defied the order.

Civil society leaders were likewise harassed by the authorities and accused of siding with

the opposition. Pierre-Claver Mbonimpa, president of the human rights organization

APRODH, and Gabriel Rufyiri, president of OLUCOME, were repeatedly summoned for

questioning by the public prosecutor's office, but were not charged with any offense. In

late August President Nkurunziza publicly warned that civil society organizations should

be "on guard" in a response to their criticism of state pressure on journalists, lawyers, and

civil society activists.

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In April the government refused to allow civil society leaders to march in support of justice

for Manirumva. When the organizations attempted to march without permission, two

members were arrested and detained for several hours before being released.

State authorities also targeted lawyers. On July 15 lawyer Suzanne Bukuru was arrested on

espionage charges after facilitating an interview between her clients and journalists.

Isidore Rufyikiri, president of the Burundi Bar Association, was arrested on July 27 on

charges of "insulting magistrates" after organizing a rally in defence of Bukuru. Bukuru

was released on August 1 and the charges were dropped. Rufyikiri was released on August

4 after paying a fine.

François Nyamoya, lawyer and spokesman for the opposition party Movement for Solidarity

and Democracy (MSD), was arrested on July 29 on charges of witness tampering in a 2004

murder trial. At this writing he remained in detention. Nyamoya, who is also the lawyer for

journalist Rugurika of RPA, had previously been arrested in 2010 on charges of

"threatening state security."

National Independent Human Rights Commission

CNIDH began working in June and issued its first public statement on an alleged

extrajudicial execution by the police. However, the commission's activities in 2011 were

poorly funded. Following pressure from the Burundian government and other African

governments, the United Nations Human Rights Council (HRC) hastened the termination of

the mandate of the UN independent expert on the situation of human rights in Burundi, on

the basis that a national human rights commission had been created.

Transitional Justice

After years of delay, measures were put in place relatively quickly to prepare the

establishment of a Truth and Reconciliation Commission (TRC) to cover grave crimes in

Burundi since 1962. The government appointed a technical committee in July to create a

framework for a TRC, and in October the committee submitted its report to the president. At

this writing the report had not been officially published. The government has not made a

commitment to establish a special tribunal to investigate past war crimes.

Key International Actors

On January 1 the UN Security Council adopted a resolution scaling down the UN Office in

Burundi (BNUB). Staffing reduction affected BNUB's human rights monitoring capacity.

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In June the UN independent expert on the situation of human rights in Burundi presented

his first report since September 2008. Burundi officials and the African Group at the HRC

had repeatedly blocked previous publication attempts. The expert called for measures to

end impunity and promote greater respect for freedom of expression.

International diplomats in Bujumbura continued to follow high-profile court proceedings

including that of Kavumbagu. In May European diplomats in Burundi, in a joint statement,

expressed concern over reports of extrajudicial executions and torture in 2010 and 2011.

The UN secretary-general and several governments, including those of the United States

and Belgium, condemned the Gatumba attack and called for an investigation. The United

Kingdom's Department for International Development (DFID) announced that it would close

its aid programme in Burundi in 2012, citing internal reprioritization. Other international

donors expressed concerns over state corruption.

 

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