Human rights in Burundi
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In 2022, Freedom House rated Burundi's human rights at 14 out 100 (not free).[1]
Overview
In 2010, the incumbent CNDD-FDD party won its second municipal elections, despite accusations of intimidation, fraud, inciting political violence, and restricting freedoms of association and expression around election time.
Burundi has, since gaining its independence, been cited as a State guilty of widespread violations of human rights. A 2010 Transparency International report named Burundi as the most corrupt country in East Africa.[5]
International Legal Instruments Ratified by Burundi
Burundi has ratified and acceded to a number of significant human rights instruments, including the
Following the recommendations of a
National Independent Human Rights Commission (NIHRC)
In 2000, a rudimentary Governmental Commission on Human Rights was set up, which at the recommendation of the 2008 Universal Periodic Review (UPR)
In a 2011 report, Human Rights Watch called on the government to strengthen its support for the NIHRC.[6] The role of a national Commission has become increasingly important since the termination of a United Nations Human Rights Council mandate in the country in September 2011. This coincides with a rapid rise in politically motivated killings and general impunity throughout the country. The Burundian government, however, has been reluctant in providing adequate financial support to the Commission, thus its ability to investigate serious violations of human rights is significantly compromised.
2010 Elections
Despite the flourishing of multiparty politics in Burundi (an unusual characteristic for the region),
While freedom of speech is constitutionally guaranteed, Freedom House noted several instances during and after the election where journalists had been targeted for criticizing the government. This included arbitrary arrests, threats, detainment, and beatings. Consequently, in 2011 Burundi was given the press status of 'Not Free' by the NGO.[11] In March 2019, seven minor schoolgirls were arrested for doodling on a portrait of President Nkurunziza's face in their schoolbooks. Four of them, the youngest of whom was 13, were released, but the remaining three were formally charged on March 18 with "insulting the head of state" which carries a jail sentence of up to five years.[12][13]
Universal Periodic Review (UPR)
The Working Group on the UPR, in accordance with the Human Rights Council (HRC), held its review on Burundi in December 2009. The next UPR is planned for 2014.
In the report Archived 2015-09-19 at the Wayback Machine of the Working Group, Burundi's Criminal Code was criticized for a number of shortcomings. The Working Group highlighted several areas of concern for the development of human rights, including:
- Persistent use of torture;
- Widespread sexual violence;
- Extrajudicial killings;
- Arbitrary arrests;
- Poor detention facilities;
- Impunity enjoyed by rapists;
- The use of rape as a weapon of war;
- Extrajudicial adjudication of rape cases;
- The practice of marriage between rapist and victim;
- Lack of judicial independence;
- Absence of a juvenile justice system;
- Lack of an adequate supervisory system in places of detention; and
- Proposed criminal sanctions in the Code against homosexuality.
The report also examined key areas of concern in more detail.
The right to life
Although guaranteed in the Constitution, the 1993-2005 civil war led to massive violations of the right to life. A primary cause behind these violations was the proliferation of firearms among the civil population. A 2011 Human Rights Watch report suggested that government officials distributed weapons to civilians associated with the CNDD-FDD and police officers provided military training to civilians.[14] Additionally, individual conceptions of justice had resulted in isolated cases of lynching. The Working Group cited judicial delay as a major factor in inciting people to take justice into their own hands. General governmental and police inertia had contributed to the perception that State institutions cannot provide protection, and that citizens must be accountable for their own safety.[14]
Burundi has not ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, although it has expressed interest in amending the Criminal Code insofar abolishing capital punishment.[3]
The prohibition of torture
The Working Group noted that in 2006, Burundi submitted a report to the
The right to equality of the sexes
The Working Group noted that the Burundian government had taken step
- Formulating and adopting a national gender policy;
- Formulating an action plan for the implementation thereof;
- Integrating the gender dimension throughout all government ministries; and
- Taking steps towards the establishment of a National Gender Council.
However, the report noted that despite these efforts at the governmental level, the gender approach had not been fully accepted by Burundian society. The disparity manifested itself most notably at the public service level; women were vastly underrepresented at all levels of decision making in government. The Working Group thus recommended the national gender policy be extended to adopt an array of changes equalizing laws of succession, taxation, adultery, the selling of family assets, labour codes, and the standardization of the age of marriage.[3]
The 1993-2005 conflict particularly heightened gender-based abuse.
The rights of the child
The report noted that the situation of children in Burundi is deteriorating. Ongoing conflict, poverty, and high rates of HIV/AIDS were cited as the main factors contributing to the plight of Burundian children.
The report also noted the lack of a juvenile justice system. The holding of children in the same cells as convicted adults made them extremely vulnerable to abuse.[3]
Sexual violence
The phenomenon of sexual violence, particularly against women and children, was cited by the Working Group as one of the critical areas for concern.[3] However, there was a significant lack of data pertaining to the number of sexual assaults taking place throughout the country; this was partly due to cultural prejudice, meaning some cases are not reported and instead adjudicated within the family.
The Initiative for Peacebuilding noted in a 2010 study on gender issues in Burundi[permanent dead link] that there is a strong correlation between areas of intense military activity and high incidences of sexual violence. Furthermore, Amnesty International claims rape, in addition to physical mutilation, was used during the 1993-2005 conflict as 'a strategy of war'[7]
The rights of victims
Because of the prevalence of conflict in Burundi since independence, the country has witnessed a massive exodus of Burundian refugees to neighboring countries (predominantly Tanzania, Rwanda, and the Democratic Republic of the Congo). Most repatriated citizens returning since the 1993 conflict had found their properties either already occupied or requisitioned by the State. This had led to problems with destitution and homelessness. The report noted the saturation of the courts with cases of land disputes; the consequent judicial delay leading to violence between parties.[3] With the aim of settling these disputes, the government had set up the Land and Other Properties Commission which sought to resolve these land problems and rehabilitate victims. However, a 2008 report of the United Nations High Commissioner for Refugees noted the Commission has limited powers and 'is not able to handle disputes within expected timelines'.[17]
The abrogation of the rights of victims also fed directly into the right to housing. The 1993 crisis destroyed a substantial number of settlements, which gave rise to a significant humanitarian challenge. A governmental housing policy had met the needs of some, but not the majority of, destitute Burundians.[3]
The right to equitable justice
Although the Constitution guarantees the right to a fair trial, the exercise of this right is often undermined by the inadequacy of human, financial, material and logistic resources.
Prison conditions in Burundi are dire. Decent food, clothing, hygiene and medical care cannot be properly funded by their low budget. The prisons are also overcrowded. In November 2018 10,987 persons were officially detained in Burundi's prisons, which are only designed to hold 4,195. NGO workers believe that many detainees receive no legal assistance, accused persons stay imprisoned without trial for long periods of time and that penal alternatives to prison sentencing must be introduced.[20]
Human Rights Council (HRC) response to the UPR
In a report[permanent dead link] issued in March 2009, the HRC adopted all recommendations the Working Group made in respect of Burundi. In particular, the Council applauded the introduction of a new penal code which criminalized war crimes, crimes against humanity, genocide, torture, rape and sexual violence, and guaranteed children's rights. It also encouraged the ongoing development of the NIHRC.
National response to the UPR
Although the aforementioned amendments were introduced to the statute books in 2009, in the same revision the government officially criminalized same-sex relations. The Burundian gay rights group Humure has since reported cases of forced evictions of homosexuals.[21] However, it is noted that homophobia in Burundi is not as extreme as cases in other African countries, where the penalty for homosexuality is death.
International Bridges to Justice report that prison conditions remain poor, and more than 60% of inmates are pre-trial detainees.[22] Little progress has been made in the area of improving public defender and legal aid services.
In the wake of the 2010 elections, Human Rights Watch reported that the National Intelligence Service arbitrarily practiced physical and psychological torture on members of the opposition who had been arrested on a variety of dubious charges, including 'threatening state security' and 'participation in armed groups'.[14]
A September 2010 report published by the Center for Global Development highlighted that Burundi had made progress in only one of its 15 Millennium Development Goals.[23]
Other civil liberties
The constitution addresses issues such as freedom of speech and of the press; however, the government generally did not respect these rights in practice.[24][25]
In April 2009, 782 people were arrested arbitrarily during the political unrest between political factions and the military.[26]
Government security forces continued to commit numerous serious human rights abuses, including killings, rapes, and beatings of civilians and detainees with widespread impunity. Human rights problems also included vigilante abuse and personal score-settling; rape of men and boys; harsh, life-threatening prison and detention center conditions; prolonged prenatal detention and arbitrary arrest and detention; lack of judicial dependence and efficiency, and judicial corruption; detention and imprisonment of social prisoners and political detainees; and restrictions on freedom of speech, assembly, and association, especially for political parties. Domestic and sexual violence and discrimination against women remained problems. Homosexuality remains widely unaccepted for the Burundi people, and their government.[26]
Burundi's government has been repeatedly criticized by human rights organizations including
On 1 June 2020, the Human Rights Watch documented serious allegations of abuse during Burundi's presidential, legislative and communal elections on May 20. The elections were mutilated by violence, arrests of opposition members, including candidates, and a crackdown on free speech.[33]
On 13 July 2020, Amnesty International demanded the release of Burundian human rights defender Germain Rukuki, who is currently serving an outrageous 32-year prison sentence simply for advocating for human rights.[34]
On 18 May 2022, Human Rights Watch published a report that human rights abuses by Imbonerakure members have substantially worsened since Évariste Ndayishimiye became president in 2020, particularly in the northwestern part of the country.[35]
Historical situation
The following chart shows Burundi's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free".[36]1
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International treaties
Burundi's stances on international human rights treaties are as follows:
International treaties | ||||
---|---|---|---|---|
Treaty | Organization | Introduced | Signed | Ratified |
Convention on the Prevention and Punishment of the Crime of Genocide[40]
|
United Nations | 1948 | - | 1997 |
International Convention on the Elimination of All Forms of Racial Discrimination[41] | United Nations | 1966 | 1967 | 1977 |
International Covenant on Economic, Social and Cultural Rights[42] | United Nations | 1966 | - | 1990 |
International Covenant on Civil and Political Rights[43] | United Nations | 1966 | - | 1990 |
First Optional Protocol to the International Covenant on Civil and Political Rights[44] | United Nations | 1966 | - | - |
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity[45] | United Nations | 1968 | - | - |
International Convention on the Suppression and Punishment of the Crime of Apartheid[46]
|
United Nations | 1973 | - | - |
Convention on the Elimination of All Forms of Discrimination against Women[47]
|
United Nations | 1979 | 1980 | 1992 |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment[48]
|
United Nations | 1984 | - | 1993 |
Convention on the Rights of the Child[49] | United Nations | 1989 | 1990 | 1990 |
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty[50]
|
United Nations | 1989 | - | - |
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families[51]
|
United Nations | 1990 | - | - |
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women[52]
|
United Nations | 1999 | 2001 | - |
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict[53]
|
United Nations | 2000 | 2001 | 2008 |
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography[54]
|
United Nations | 2000 | - | 2007 |
Convention on the Rights of Persons with Disabilities[55] | United Nations | 2006 | 2007 | - |
Optional Protocol to the Convention on the Rights of Persons with Disabilities[56] | United Nations | 2006 | 2007 | - |
International Convention for the Protection of All Persons from Enforced Disappearance[57] | United Nations | 2006 | 2007 | - |
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights[58] | United Nations | 2008 | - | - |
Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure[59] | United Nations | 2011 | - | - |
See also
- Freedom of religion in Burundi
- Human trafficking in Burundi
- Internet censorship and surveillance in Burundi
- LGBT rights in Burundi
- Politics of Burundi
Notes
- 1.^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
- 2.^ As of January 1.
- 3.^ The 1982 report covers the year 1981 and the first half of 1982, and the following 1984 report covers the second half of 1982 and the whole of 1983. In the interest of simplicity, these two aberrant "year and a half" reports have been split into three year-long reports through interpolation.
References
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- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8. Convention on the Elimination of All Forms of Discrimination against Women. New York, 18 December 1979". Archived from the original on 23 August 2012. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. New York, 10 December 1984". Archived from the original on 8 November 2010. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11. Convention on the Rights of the Child. New York, 20 November 1989". Archived from the original on 11 February 2014. Retrieved 2012-08-29.
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External links
- 2012 Annual Report Archived 2014-05-05 at the Wayback Machine, by Amnesty International
- Freedom in the World 2012 Report Archived 2019-09-11 at the Wayback Machine, by Freedom House
- World Report 2012, by Human Rights Watch
- Constitution of Burundi (French) Archived 2011-05-31 at the Wayback Machine
- National Report Submitted to the Working Group on the Universal Periodic Review Archived 2015-09-19 at the Wayback Machine
- Summary of the Working Group on the Universal Periodic Review prepared by the Human Rights Council Archived 2016-11-12 at the Wayback Machine
- IBJ Programming in Burundi
- Transparency International Annual Report 2010