Ligue Burundaise des Droits de l’homme Iteka BURUNDI 2010-ELECTIONS An opportunity not to be missed to consolidate peace of person. Article 4: No one shall be held in slavery Article 1: All human beings are born free and equal or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5: No one shall be subjected to in dignity and rights. They are endowed with reason and conscience and should act towards one another in a torture or to cruel, inhuman or degrading treatment or punishment. Article 6: Everyone has the right to recognition spirit of brotherhood. Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, everywhere as a person before the law. Article 7: All are equal before the law and are entitled without any discrimi- without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, nation to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the Declaration and against any incitement to such discrimination. Article 8: Everyone has the right to an effective rem- basis of the political, jurisdictional or international status of the country or territory to which a person edy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. by law. Article 9: No one shall be subjected to arbitrary arrest, Article 3: Everyone has the right to life, liberty and security May 2010 N°539a BURUnDi 2010-ElEctions An opportunity not to be missed to consolidate peace Cover: © Télé Renaissance This photo has been taken in January 2010 in Kinama. Militants from the CNDD-FDD and the FNL are competing for the location of their respective flags. Violent clashes have subsequently opposed the militants of both parties. The vehicle of the journalists who took this photo suffered from thrown stones. 2 / Titre du rapport – FIDH INTRODUCTION : MISSION MANDATE . 4 I – Consolidating peace Through ThE strengThening Of ThE rulE Of lAw . 6 1 . The return to peace . 6 1 .1 . From Arusha to the end of the conflicts . 6 1 .2 . Integration of rebels . 8 1 .3 . Ethnic representation in the institutions . 10 1 .4 . The repatriates . 11 2 . The challenges facing durable peace . 13 2 .1 . Guaranteeing security . 13 A/ The circulation of light weapons and criminality . 13 B/ The need for reform in the security sector . 15 2 .2 . Fighting corruption . 16 A/ A high level of corruption . 16 B/ The scandals: Double salaries, Falcon and Interpetrol . 17 2 .3 . Respecting public liberties . 18 A/ Media under pressure . 18 B/ A civil society under surveillance . 19 1) The Ernest Manirumva affair . 19 2) Bills on the Independent National Human Rights Commission and on Associations . 20 2 .4 . Guaranteeing the right to justice . 20 A/ Setting up mechanisms of transitional justice . 20 B/ Guaranteeing a good administration of justice . 22 1) A deficient and dependent judicial sector . 22 2) The scourge of impunity . 23 II – StrengThening peace Through democracy . 25 1 . The 2010 elections: « a period of passion, nervousness and tension » . 25 2 . Analysis of the pre-campaign situation: attempts at controlling the electoral process by the presidential party . 27 2 .1 . The Independent National Electoral Commission . 27 2 .2 . The challenges facing a lasting peace . 28 A/ The Electoral Code . 28 B/ The electoral campaign . 30 2 .3 . The registration of voters . 30 2 .4 . The authorities « dirty tricks » . 31 A/ Freedom of assembly into question . 32 a) The Hussein Radjabu affair . 32 b) The expulsion of 22 secessionist deputies . 32 B/ …and in other parties . 33 a) In the FRODEBU . 33 – The Domitien Ndayizeze affair . 33 – Those deputies not expelled . 33 b) In the MSD . 34 c) In the FNL . 34 C/ The 20 servicemen affair . 34 D / Freedom of assembly on the line . 35 2 .5 . Civil society in the crosshairs . 37 A/ The tug-of-war between the Interior Minister and the FORSC . 37 B/ Threats against the OLUCOME . 38 3 . Meeting the challenges in the way of transparent, free and peaceful elections . 39 3 .1 . Avoid fraud, irregularities and manipulations . 39 A/ During the campaigns: ensure the neutrality of the administration and of State resources . 39 B/ On polling day: ensure that voting goes smoothly . 40 C/ When the results are announced: ensure the freedom of the Constitutional Court . 42 3 .2 . Guaranteeing the security of political actors and of the electoral process . 42 A/ Harassment and insecurity of political players . 42 B/ The violence of young activists . 43 C/ Moments of potential tension: during and after the polls . 44 D/ The security around the elections at stake . 45 a) What should be the attitude of the security forces? . 45 b) What should be the attitude of the political parties and the media? . 46 c) A need for communication, training and sanctions . 48 III- Conclusions and recommendations . 49 FIDH – Burundi / 3 Introduction: Mission mandate Within the framework of its programme for strengthening the rule of law as well as democratic spaces in sub-Saharan Africa1, an International Federation for Human Rights (FIDH) undertook a fact-finding mission in Burundi, in Bujumbura and Rumonge from February 15 to 20, 2010 . The mission was composed of Mr Dismas Kitenge Senga, president of the Groupe Lotus and Vice-President of FIDH, Miss Tchérina Jérolon and Mr Marceau Sivieude, respectively Programme Officer and Director of the Africa desk at FIDH International Secretariat . The mission benefited from the support and participation FIDH’s member organisation, the Ligue Burundaise des droits de l’Homme – ITEKA . The mission aimed at shedding light on the challenges related to the establishment of a lasting peace in Burundi on the basis of the 2000 Arusha Peace Agreement, the 2005 Constitution, the end of the political transition which resulted from the 2005 elections and the cease-fire agreements between the government and the last rebel movements . To this end, the mission delegates examined the respect of fundamental liberties, the enforcement of ethnic quotas, the conditions for the return of refugees, the security and justice sectors and the fight against impunity of those who perpetrated the most serious crimes during the civil war . The mission delegates also analysed the conditions under which the five elections will be held, including the presidential election, between May and September 2010, since they represent a test for democracy and security in the country . To this end, the mission delegates met in Bujumbura with: − Members of the Burundian government and a representative of Parliament: the first Vice- president of the Republic, Hon . Dr Yves Sahinguvu ; Minister of Interior, Mr Edouard Nduwimana ; the Minister of Defence, Lt-General Germain Niyoyankana ; the President of the Senate, Mr Gervais Rufyikiri . − Representatives of the following political parties: the National Liberation Forces (FNL) ; the Union for Peace and Development (UPD) ; the Union for National Progress (UPRONA) ; the National Council for the Defence of Democracy (CNDD) ; the Front for Democracy in Burundi (FRODEBU) ; the Movement for Solidarity and Democracy (MSD) ; the Democratic Alliance for Renewal (ADR) . Despite renewed requests for appointment, the FIDH has not met representatives of the ruling CNDD-FDD . − The Military Auditor Nkurunziza Donatien and the President of the Independent National Election Commission (CENI), Pierre Claver Ndayicariye . 1. The FIDH International Investigative Mission and this report were carried out thanks to the support of the National Endowment for Democracy. The opinions expressed in this report are those of FIDH. 4 / Burundi: 2010-elections – FIDH − Representatives of the United Nations: Mrs Bintou Keita, Mr Mahamadou Coulibaly and Mr Jean-Luc Marx, respectively Deputy Executive Representative of the United Nations Integrated Office in Burundi (BINUB), Advisor/Media and communication section of the BINUB and BINUB head of the Human Rights and Justice Division and Representative of the United Nations High Commissioner for Human Rights in Burundi , as well as Mrs Germaine A . Bationo, Deputy Representative of the United Nations Office of the High Commissioner for Refugees (OHCR) . − Representatives of the French and Belgian diplomatic missions and of the delegation of the European Union Commission . − Representatives of civil society : Forum for the Strengthening of the Civil Society (Forum pour le renforcement de la société civile – FORSC), Observatory for the Fight against Corruption and Economic Malpractices (Observatoire de lutte contre la corruption et les malversations économiques – (OLUCOME), Human Rights Organisation in the Great Lakes Region (Ligue des droits de la personne dans la région des Grands Lacs – (LDGL), Association for the protection of human rights and of detainees (Association pour la protec- tion des droits humains et de spersonnes détenues – (APRODH), Global Rights, Human Rights Watch, the Burundian Human Rights Organisation (Ligue burundaise des droits de l’Homme « Iteka ») . In Rumonge, the FIDH mission.