The United Nations Commission of Inquiry on Burundi has updated its risk factor analysis for criminal atrocities, which indicates that the eight common risk factors persist, even if some indicators have evolved.
On this basis, it called on the international community to “maintain its vigilance on the human rights situation” in the Great Lakes country.
“Unfortunately, we cannot rely on the only independent national human rights commission, whose accreditation to A status is encouraging, but which has yet to demonstrate in practice that it is able to function in accordance with the Paris principles,” the President of the UN Commission, Doudou Diène of Senegal said.
According to him, his structure must henceforth deal with all cases of violations, including the most sensitive ones, even if it carries out its mission in a difficult and sensitive context which requires more than ever an independent and operational national commission.
The Commission of Inquiry therefore recommended to the members of the Human Rights Council to give themselves the means to closely and objectively monitor developments and the situation in Burundi through an independent international mechanism under the aegis of the United Nations.
For the UN investigators, the cycle of violence in Burundi must be broken especially since “the level of political intolerance has not improved over the past five years.”
Obligation to protect Burundians
On the ground, the number of violent incidents against the population involving the Imbonerakure has certainly decreased in several provinces following orders given to them to that effect.
However, in the border regions and those that have been the scene of armed attacks, they have continued to be mobilised by the authorities to ensure security, particularly within the mixed security committees.
Thus, on June 30, 2021, the defence forces received a written order to rely on the “armed political movements” in order to put armed gangs out of action, a quasi-official recognition of the role given to the Imbonerakure as auxiliaries to the security forces.
They therefore continued their nightly rounds, which were often conducive to abuse and violence against the population.
In view of the persistence of abuses and violence, the UN investigators recalled the obligation to protect and not abandon the Burundians.
The aim is to “put an end to the invisibility and isolation of victims, to continue to give them a voice and allow their suffering to be known, recognised and remedied.”
Continued risk of criminal atrocities
Under these conditions, the Commission hopes to contribute to ensuring that, in the long term, the main perpetrators of crimes against humanity and serious human rights violations can be held accountable for their actions and that justice is done to the victims.
In this context, it has updated its analysis of risk factors for criminal atrocities that are proving to be persistent.
For example, Factor Number 2 relating to impunity for recent and past serious human rights violations, and Factor Number 3 relating to the general weakness of state structures, including a judicial system that is neither impartial nor independent, are structural risk factors that remain unchanged in the absence of reform.
In the meantime, the lack of mitigating factors ( Number 6) due to the closure of the democratic space and the refusal of the authorities to engage in dialogue and cooperation on human rights issues remains of great concern.
Bujumbura advocates cooperation
In response to this picture described by the UN investigators, the Burundian delegation noted that no external mechanism for the promotion of human rights is appropriate.
“The best way forward is imperatively through cooperation, dialogue, technical assistance, and finally capacity building of bodies working in the field of human rights,” said Ambassador Rénovat Tabu.
According to the Burundi Permanent Representative to the UN in Geneva, his country also has several very operational institutions or institutional frameworks, including the Independent National Commission on Human Rights (CNIDH), which has just recovered its A status, a guarantee of independence.
In addition, President Evariste Ndayishimiye has established a permanent dialogue with members of civil society and religious leaders to promote peace, security, stability, reconciliation and development.
More than 5,000 prisoners were granted presidential pardon earlier this year.
For Bujumbura, these are “several positive factors and signals, recognised by the international community,” which should push “the Human Rights Council to let Burundi deal with its harmonious development and that of its people.”
TE/lb/as/APA