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UNITED NATIONS 8L NATIONS UNIES NEW YORK 14-06375 UNITED NATIONS NATIONS UNIES 8l� NEW YORK EXECUTIVE OFFICE OF THE SECRETARY-GENERAL CABINET DU SECRETAIRE GENERAL To: DSG, Please find attached for your approval the draft mia-term report of the SG on urundi, which is due to the Council on 31 July. The report notes t at the situati n in Buwndi mains tens_ due to political polarization between the main parties in the governing coalition, exacerbated by the ruling CNDD-FDD attempts to unilaterally amend the constitution in order to allow the President to seek a third term. Tensions were further fuelled by incr-eased intimida ·on Jaarassrpen and violen attaGks against opposition parties 6y tbe youth w·n Qf the r;ulmg CNDD­ FDD and allegations tbat it recei e aJ;tns and training from tb eoucity threes. Shrinking political space and violations of political freedoms remain a major concern less than a year before the 2015 elections. Despite these eoncetns-; in tbe obser,yations section the report QOints to the adoption of a new electoral law and code of conduct as positive developments. It calls on the Government to open up political space in order to allow a level playing field for all parties ahead of the elections and stresses the need for all political actors to act in a spirit of dialogue. Political Unit 28 July 2014 14-06375 ACTION .- COPY Confidential Note to the Deputy Secretary-General _ Mid-term report of the Secretary-General on Burundi ·. �.·· ... ·J 1. Please find attached, for the Secretary-General's approval , the draftm id-tenn report on Burundi which will be submitted to the Security Council on 31 July. It reviews progress made in implementing BNUB's mandate since the latest repot1 of20 January 2014 (S/2014/36) and is structured around eight benchmarks, which had been jointly agreed upon with the Government of Burundi in 2012. The report also includes an update on BNUB's transition and on preparations to establish a UN electoral observer mission (EOM) in Burundi on 1 January 2015, as requested by Security Council resolution 2137 (2014). The report will be presented to the Council by SRSG Onanga-Anyanga on 6 August 2014. 2. The draft report notes that the situation in Burundi has remained tense due to political polarization and divergences over socio-political issues. In early 2014, tension between two partners in the governing coalition, UPRONA and CNDD-FDD, intensified because of attempts by CNDD-FDD to unilaterally pass constitutional amendments which would have altered the country's ethnic power-sharing balance and allowed President Nkurunziza to run for a third tern1. The tensions evolved into a political crisis with the dismissal of the First Vice-President, the resignation of three UPRONA ministers and a split ofUPRONA party into two wings, one of which is recognized by the Government. Increased intimidation, harassment and violent attacks against opposition parties by the youth wing of the ruling CNDD-FDD and allegations that the youth wing received arms and training from security forces, further exacerbated existing mistrust between CNDD-FDD and opposition parties, civil society and the media. Shrinking political space as demonstrated by the increasing number of violations of the freedom to peaceful assembly and association, opinion and expression, and the number of key opposition leaders in jail, facing criminal charges or restrictions of movement, remain a major concern less than a year before the elections in 2015. 3. Despite these concerns, the report also highlights positive developments, notably the consensual adoption of a new electoral law and of a code of conduct for the 2015 general elections. The agreements establish a legal and political framework for the elections and are important first steps in laying the foundation for a peaceful and participatory electoral process. The report calls on the Government to open up the political space in order to allow a level playing field for all parties ahead of the elections, and emphasizes that all political actors must strengthen the spirit of dialogue and consensus that has led to the adoption ofthe agreements. 4. The repm1 was prepared in collaboration with BNUB, the UN Country Team, and the Integrated Task Force (ITF) on Burundi, and incorporates contributions from DPKO, OHCHR, PBSO, UNDP, UN Women and other ITF members. I would (\ 1 if you could obtain the Secretary-General's approval ofthe report. '-I Jeffrey Feltman 17July2014 cc: Ms. Malcorra Ms. Clark Ms.Haq Mr. Ladsous Mr. Simonovic Ms. Cheng Hopkins 7: I _..,. t.:::JW \ C> '· 'l t::l . fcJ' ) Approved by the Dep�u� Secr��-�eneral Jan� Biassc::ra7on � J1 t-o J 1 Report of the Secretary-General on the United Nations Office in Burundi I. Introduction 1. The present report is submitted pursuant to Security Council resolution 2137 (2014), which extended the mandate of the United Nations Officein Burundi (BNUB) until 31 December 2014, and requested me to inform it of progress on the benchmarks, the implementation of the mandate of BNUB and the resolution, and the conditions that affect such implementation, as well as on BNUB's transition to the United Nations Country Team. The report provides an update since my rep01i of 20 January (S/2014/36), and is structured around the benchmarks. II. Progress in Peace Consolidation A. Democratic process 2. Since the last rep01i, the political situation in Burundi has remained tense amid sharp divergences over key socio-political issues affeCting the country. Yet, dialogue between the Government and opposition political parties, though fragile, also led to some progress in establishing a legal and political framework for the conduct of the 2015 general elections. 3. In early 2014, the political situation in Burundi sharply deteriorated following a growing riftwithin the governing coalitionbetween the Conseil national pour Ia defense de Ia democratie-Forces pour Ia defense de Ia democratie (CNDD-FDD) and the Union pour le Progres national (UPRONA). Tensions between UPRONA and CNDD-FDD intensifiedamid the resistance of UPRONA to supp01t constitutional amendments proposed by the latter which would have altered the country's ethnic power-sharing balance and allowed President Nkurunziza to run for another term. On 29 January, the Minister of the Interior removed Charles Nditije from the Presidency of UPRONA. The action by the Minister came aftera Supreme Court decision on 27 January on the outcome of the UPRONA party congress in 2012,-madeit possible for the Minister to enforce an earlier Supreme Court ruling �that vear which had invalidated the election of Mr. Nditije at the congress. On 31 January, BernardBusokoza, First Vice-President and a member of the UPRONA party, annulled the decision of the Minister of the Interior arguing that it interfered in the internalaffairs of a political partyand violated the Constitution and the Law on Political Parties. A day later, President Nkurunziza dismissed Mr. Busokoza as First Vice-President of the Republic declaring that he had failed to distinguish between his patty and State responsibilities, and had undermined the Governmentby calling for a withdrawal of the CNDD-FDD sponsored draftConstitution from the National Assembly. Subsequently, three UPRONA ministers resigned from Governmenton 4 and 5 February, following a call by Mr. Nditije on them to step down in solidarity with the party. 4. These developments exa<;erbatedlong running divisions within UPRONA, pitting those in the leadership willing to continue the Governmentcoalition against those who opposed CNDD-FDD views on the constitutional review and who claimed to be the legitimate representatives of the patty. On 11 February, the Ministry oflnterior recognized Concilie f .. {·.'I Nibigira as the new President of UPRONA. In her new capacity as President of UPRONA, Ms. Nibigira nominated Prosper Bazombanza whom President Nkurunziza appointed as the new First Vice-President on 14 February. The move was followed by the appointment, on 18 February, of three ministers of the UPRONA wing recognized by the Ministry of the Interior, which furtherexacerbated divisions within UPRONA and between the former UPRONA leadership and CNDD-FDD. On 30 June, Ms. Nibigira addressed a letter to the Minister of Interior, indicating that Mr. Nditije had been expelled from UPRONA. Outlawed, the former UPRONA leadership is now prevented from holding meetings and other activities. 5. On 8 March, police used tear gas to disperse members of the opposition Mouvement pour fa solidarite et le developpement (MSD) who were planning to hold a rally in Bujumbura. Some demonstrators fledand found refugein the MSD headquartel's.The demonstrators detained and disarmed two police officerswho had entered the premises without a judicial warrant in pursuit of the demonstrators. Afternegotiations between MSD and the police to secure the release of the police officersfailed, the latter stormed the MSD headquarters using tear gas and live ammunition. A total of 13 people were injured and over 80 were arrested. On 21 March, the Bujumbura Mairie High Courtsentenced 21 MSD members to life in prison. Another 27 members, including three minors, were given prison terms between three and ten years, while 22 were acquitted. BNUB noted several violations of the right to due process during the trial, including violations of the right to have counsel, presumption of innocence and the right to have sufficienttime to prepare one's defence. Meanwhile, on 12 March, the Public Prosecutor issued an arrest warrant against MSD President Alexis Sinduhije for insurrection and rebellion. He went into hiding and has since been living in Europe. 6. On 21 March, the National Assembly failed to adopt by one vote the draftlaw amending the Constitution. While CNDD-FDD presented the constitutional revision as an attempt to delete provisions that it considered to have become obsolete, opposition parties noted that the draftwould have removed provisions that may constitute an obstacle to a candidacy of President Nkurunziza in the 2015 presidential elections.
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