Burundi
1. In the
light of past and continuing events in Burundi affecting the human
rights guaranteed by the International Covenant on Civil and Political
Rights, and in accordance with article 40, paragraph 1 (b), of the
Covenant, the Committee requested the Government of Burundi on 29
October 1993 to submit a report, not later than 31 January 1994,
if necessary in summary form, describing in particular the implementation
of articles 4, 6, 7, 9, 12 and 25 of the Covenant during the current
period, for consideration by the Committee at its fiftieth session.
2. At its
fiftieth session, the Committee noted that the report requested
had not been submitted by the Government of Burundi and, through
its Chairman, asked for it to be submitted to the Committee for
consideration at its fifty-first session. In response to this request,
the Government of Burundi submitted a report on 12 July 1994 (CCPR/C/98)
which was considered by the Committee at its 1349th and 1350th meetings
on 25 July 1994. The Committee adopted at the 1355th meeting, held
on 28 July 1994 the following comments:
A. Introduction
3. The
Committee thanks the State Party for its report and welcomes the
presence before the Committee of a high-level delegation. The Committee
notes with regret, however, that while providing some information
on the implementation of articles 4, 6, 7, 9, 12 and 25 of the Covenant,
the report does not contain enough information on the situation
obtaining in the country and the difficulties affecting the application
of the Covenant. The information provided orally by the delegation
made good those deficiencies and provided the Committee with a better
insight into the human rights situation in Burundi.
B. Factors and difficulties affecting the application of the
Covenant
4. The
Committee notes that, since its accession to independence, Burundi
has regularly had to contend with serious conflicts between the
Hutu majority and the Tutsi minority, largely attributable to socio-political
difficulties inherited from the past. Those conflicts, particularly
the most recent one in autumn 1993, following the assassination
of the President of the Republic, have been marked by gross violations
of human rights. The lack of effective measures following such events,
as well as the de facto impunity enjoyed, regardless of rank, by
members of the army, police, gendarmerie, security forces or administration
responsible for serious violations of human rights, are obstacles
to the restoration of lasting peace and to the halting of the cycle
of violence between the Hutu majority and the Tutsi minority.
5. The
dominance in the army, the police, the gendarmerie, the security
forces, the judicial system and, generally, in the most senior civil-service
posts of persons belonging to a minority group is a factor constantly
and seriously affecting the application of the Covenant and one
which continually arouses the fears of the majority of the population.
The recent unrest on an unprecedented scale in a neighbouring country
(Rwanda), which has resulted in a massive influx of refugees into
Burundi, is a further difficulty likely to have extremely negative
effects on the application of the Covenant in that country.
C. Positive aspects
6. The
authorities have made an effort to consider a number of measures
to restore civil peace and harmony among the various elements of
the Burundi population, although those efforts do not for the time
being seem to have had concrete effects.
7. The
Committee also notes that foreign non-governmental organizations
have been allowed to conduct inquiries into human rights violations
in Burundi without hindrance.
D. Principal subjects of concern
8. The
Committee deplores the massacres following clashes between Hutu
and Tutsi that have occurred in Burundi since its consideration
of the initial report in October 1992, and the increasingly serious
obstacles to the peaceful coexistence of the various elements of
the Burundi population. The attempts to restore civil peace, to
assuage the tensions of daily life in society and to redress the
balance in the various State institutions, particularly the army,
the police, the gendarmerie, the security forces and the judiciary,
so as to make them more representative of the various elements of
the population, have clearly failed.
9. The
Committee deplores the pattern of gross violations of human rights
in the form of numerous summary executions, disappearances and instances
of torture which occurred following the events of autumn 1993. The
army, the police, the gendarmerie and the security forces have continued
to be responsible for many violations of human rights. The civilian
population continues to be armed and further violations of human
rights are to be feared.
10. The
Committee deplores the lack of any inquiry into the above-mentioned
violations. As a result, the perpetrators have remained unpunished
and continue to perform, and sometimes to abuse, their functions
in the army, police, gendarmerie or security forces. The victims
or their families have received no compensation of any kind. The
judiciary has shown itself incapable of carrying out its duties
independently and impartially and has been unable to initiate the
necessary investigations or bring those responsible to trial. Furthermore,
the fact that the commissions of inquiry recently set up to identify
those responsible for human rights violations consist of individuals
belonging to only one of the country's population groups is a source
of serious concern and has served only to shake the population's
confidence in the authorities and exacerbate strife and violence
between the various population groups.
11. The
Committee deplores the fact that the provisions of the Covenant
not referred to in the Committee's decision have also been the subject
of serious violations. In particular, the use of the media to incite
hostility and violence among the various population groups constitutes
a clear violation of the provisions of article 20 of the Covenant.
E. Suggestions and recommendations
12. The
Committee urges the State party to initiate without delay a process
of national reconciliation. This process should be accompanied by
various specific measures, such as the establishment of commissions
of inquiry made up of members of each of the country's population
groups. Impartial foreign observers could participate in the inquiries
in order to identify those responsible for gross violations of human
rights in the autumn of 1993, to bring them to trial and punish
them, and to remove all persons involved in such crimes from the
various State bodies, particularly the army, the police, the gendarmerie
and the security forces. The victims and their families should also
be compensated.
13. The
Committee suggests using the media to promote national reconciliation
and harmony among Burundi's various population groups. Strenuous
efforts should be made to educate and inform the whole of Burundi
society regarding human rights. This campaign should take account
of Burundi's traditions and customs, including the role of mothers
in educating their children.
14. The
Committee believes that it is essential to take urgent measures
to reorganize public institutions, so as to ensure balanced participation
by all population groups in the conduct of public affairs and to
permit all citizens, without distinction, to have access to public
service, in the administration, the army, the police, the gendarmerie,
the security forces and the judiciary. In addition, the Committee
considers that the army should be brought under the effective control
of the civilian authorities. The judiciary and the civil service
should also be opened immediately to those groups, so that they
can be seen by the population to be impartial and representative
of the population as a whole and in order to restore some degree
of public confidence in national institutions.
15. In
view of the considerable difficulties encountered by the State party
in implementing the Covenant, the gross violations of human rights
which occurred in autumn 1993, and the serious danger of a recurrence
of such violations, the Committee is of the view that, in its efforts
at internal pacification and national reconciliation, Burundi should
receive the resolute support of the international community.
16. The
Committee recommends that the High Commissioner for Human Rights
should continue to make strenuous efforts to help Burundi avoid
any future recurrence of gross violations of human rights, for example,
by encouraging the establishment of international investigation
machinery.
17. The
Committee encourages the High Commissioner for Human Rights and
the United Nations Centre for Human Rights in their efforts to provide
advisory services and technical assistance in the field of human
rights.
18. The
Committee, for its part, is ready to respond constructively to any
appropriate request for assistance by the Government of Burundi,
provided that it is clear and accompanied by a firm resolve on the
part of the Government to adopt the measures necessary for the effective
implementation of the Covenant.