Authoritarian Abuses and Covert Elimination of Dissident Voices in Burundi
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Authoritarian abuses and covert elimination of dissident voices in Burundi What role for the European Union? May 2018 1 Acknowledgements Cover photo: EurAc would like to thank Commission Justice View from Bujumbura-Rural, et Paix Belgique for its support in producing Burundi, 2014 this report. Credit: Giuseppe Cioffo Note from the Editor This report was made possible thanks The drafting of this report was concluded to the support of Belgian Development by 3 May 2018 and as such does not take Cooperation. However, the EurAc network into account any developments in Burundi bears sole responsibility for the analysis or any related European Union actions that and content of this report. occurred after this date. Authoritarian abuses and covert elimination of dissident voices in Burundi What role for the European Union? May 2018 Contents Introduction ....................................................................................................................................................3 PART I Grave human rights violations: Covert elimination of dissident voices, with total impunity ...................................................................................................................6 PART II Authoritarian legislative abuses and the undermining of the gains of Arusha ..........15 PART III What are the risks to peace and security in Burundi? ......................................................23 PART IV A power under siege: the AMISOM pot of gold ...................................................................29 Recommendations: Courses of action for the European Union and its Member States .........33 On the political and diplomatic level ......................................................................................... 33 On the issue of the protection of fundamental freedoms and human rights ................. 34 On the security level ..................................................................................................................... 36 On the humanitarian level ........................................................................................................... 36 List of abbreviations ..............................................................................................................................37 Introduction Dans la version PDF, les textes de cette couleur sont interactifs. 1. Report of the Since the political crisis erupted in former FAB (Burundian Armed Forces), Commission of Inquiry on Burundi, thirty-sixth Burundi in 2015, when the President of but also of civil society, the media and session of the Human the Republic Pierre Nkurunziza decided the civilian population more broadly. Rights Council, 11 August 2017. to stand for a third term in violation of The different abuses, fuelled by hate both the Constitution and the Arusha speech with ethnic overtones promoted 2. The United Nations Commission of Inquiry Peace Agreement, a campaign of sys- in particular by state officials, are often on Burundi was set up on 30 September 2016 tematic repression against dissenters, perpetrated by high-ranking agents of in order “to conduct a disproportionate use of force during the National Intelligence Service (Service thorough investigation into human rights violations protests, sexual and gender-based vio- National de Renseignement - SNR) and and abuses…since April 2015” and “to identify lence and other grave and large-scale the Burundian National Police (Police alleged perpetrators”, human rights violations have been taking Nationale Burundaise – PNB) and the Commission of Inquiry on Burundi, United place in the country. The situation has military, as well as members of the youth Nations Human Rights worsened since the announcement last league of the ruling party, commonly Council, September 2017 1 December that a controversial constitu- known as the Imbonerakure. Many 3. Oral Briefing by tional referendum was being organised, Burundians, in particular civil society Fatsah Ouguergouz, Chair of the Commission which aims to substantially change the actors and journalists, are choosing to of Inquiry on Burundi, thirty-fifth session of the 2005 Constitution and thus backtrack in escape repression through exile. Human Rights Council, particular on the gains made at Arusha. Interactive dialogue on Burundi, 14 June 2017 Since the end of 2016, the testimonies Indeed, to the initial political crisis collected by the United Nations (UN) 4. Burundi: Commission of has progressively been added a serious Commission of Inquiry on Burundi inquiry calls on the 2 International Criminal human rights crisis: following the 2015 (hereafter: the Commission of Inquiry) Court to investigate elections the repression of any form of demonstrate that from that time onwards possible crimes against humanity Human Rights dissent by the security forces has become human rights violations have been car- Council, 4 September 2017. Report available wide-scale and brutal, and sometimes ried out in a more clandestine but still here: Report of the deadly. Cases of summary executions, brutal way.3 In their report published on Commission of Inquiry on Burundi, thirty-sixth arbitrary arrests and detentions, forced 4 September last year, the Commission session of Human Rights disappearances, intimidation, harass- of Inquiry indicates that, in its opinion, Council, 11 August 2017 ment, torture and other forms of cruel, there are reasonable grounds to believe 5. Statement by inhuman or degrading treatment, as well that crimes against humanity have been the President of the 4 Assembly of States as ransoms demanded for the release of committed. This situation has been Parties on the process hostages, are multiplying. These viola- aggravated by the generalised impunity of withdrawal from the Rome Statute by tions are being perpetrated in defiance which now prevails in Burundi, as well Burundi, International Criminal Court, 18 October of all critical voices, including those as the lack of an independent judicial 2016 of political figures such as the main system and the recent withdrawal of Human rights leaders of opposition political parties Burundi from the International Criminal violations in the DR 5 Congo and Burundi: (in particular the MSD -Movement for Court (ICC). what role for the Solidarity and Democracy and the FNL - International Criminal Court? (in French), National Forces of Liberation), and of The highly contested re-election of Commission Justice et Paix, April 2018 the military, such as members of the President Nkurunziza has thus paved 3 the way for a hardening of the regime On the political level, the country is stuck 6. Draft Constitution and increased the country’s isolation in a stalemate which could have signifi- (in French), Republic of internationally, as well as contributing cant security repercussions if the current Burundi, December 2017. Understanding the to an alarming deterioration in the daily dialogue process, mediated by the East revised Constitution. Key innovations (in quality of life of the population. There African Community (EAC), is not rap- French) Government of is no sign of the situation improving idly re-launched in a constructive and Burundi, December 2017 in the near future, with the President inclusive manner. Since the 2015 crisis, 7. Burundi’s showing a clear desire to keep a hold armed struggle has organised and gained constitutional amendment: what do on power and to guarantee this by leg- force, including the appearance of new we know so far?, Institute of Development Policy, islative and constitutional means. On 12 rebel groups. For now, their operational University of Antwerp, December 2017, the President launched capacity is relatively limited in particular November 2017 an information campaign regarding the due to a lack of clear external support 8. Oral statement of constitutional referendum due to take and common leadership. However, the FIACAT, co-sponsored by the CCPR Centre, place on 17 May 2018 with the objec- continuation of the crisis, the current OMCT and Trial 6 International (in French), tive of adopting a new constitution stalemate in the dialogue process, the thirty-seventh session which would allow him the possibility presence of hundreds of thousands of of the Human Rights Council, joint meeting of running for a fourth term in the next refugees in neighbouring countries, and with the Commission of Inquiry on Burundi and the presidential elections in 2020, and of the radicalisation of those in power could oral account of the High remaining in power until 2034.7 Since lead to a new and dangerous dynamic in Commissioner, 13 March 2018 December 2017, the brutal, not to say relation to peace and security in Burundi murderous, repression of dissidents, or and in the Great Lakes Region. 9. Law No. 1/02 of 27 January 2017 regulating those perceived as such, and in partic- the functioning of non- ular of the referendum’s opponents, In addition, the country and its citi- profit associations (in French), Government of has significantly and once again visibly zens face an alarming humanitarian Burundi, 27 January 2017 increased. In addition, during the month crisis. The UN High Commissioner for 10. Law No. 1/01 of 23 of February 2018 alone, ACAT Burundi Refugees (UNHCR) today reports a January 2017 modifying 11 Law No. 1/011 of 23 June (Action by Christians for the Abolition of total of 430,478 Burundian refugees 1999 modifying Decree- Torture in Burundi) reported “23 assas- in neighbouring countries, the majority Law No. 1/033 of 22 August 1990