Adopted by the Security Council at its 3571st meeting, on 28
August 1995
The Security Council,
Having considered the report of the Preparatory Fact-finding
Mission to Burundi dated 20 May 1994 (S/1995/157),
Having further considered the report of the Security Council's
mission to Burundi dated 9 March 1995 (S/1995/163),
Recalling the statement by the President of the Council
of 29 March 1995 (S/PRST/1995/13), in which the Council, inter
alia, underlined the role that could be played in Burundi by an
international commission of inquiry into the 1993 coup attempt
and into the massacres that followed,
Welcoming the letter of the Secretary-General to the President
of the Council dated 28 July 1995 (S/1995/631) recommending that
such a commission of inquiry should be created by resolution of
the Council,
Taking into account the initiative of the Government of
Burundi in calling for the establishment of an international judicial
commission of inquiry as referred to in the Convention of Government
(S/1995/190, annex),
Recalling also the letter of the Permanent Representative
of Burundi (S/1995/673) dated 8 August 1995 noting with interest
the letter of the Secretary-General of 28 July 1995,
Taking note that the parties in Burundi, in the Convention
of Government, agreed, without prejudice to the outcome of the
independent national and international investigations, to call
the massacres which followed the assassination of the President
of Burundi on 21 October 1993 genocide,
Deeply concerned that impunity creates contempt for law
and leads to violations of international humanitarian law,
Expressing once again its grave concern at reports indicating
that systematic, widespread and flagrant violations of international
humanitarian law have been committed in Burundi,
Stressing the importance of strengthening, in cooperation
with the Government of Burundi, the Burundi judicial system,
Reiterating its profound concern over the resumption of
radio broadcasts inciting ethnic hatred and violence and recognizing
the need for ending such broadcasts,
Recalling that all persons who commit or authorize the
commission of serious violations of international humanitarian
law are individually responsible for these violations and should
be held accountable,
1. Requests the Secretary-General to establish, as a matter
of urgency, an international commission of inquiry, with the following
mandate:
(a) To establish the facts relating to the assassination of the President of Burundi on 21 October 1993, the massacres and other related serious acts of violence which followed;
(b) To recommend measures of a legal, political or administrative nature, as appropriate, after consultation with the Government of Burundi, and measures with regard to the bringing to justice of persons responsible for those acts, to prevent any repetition of deeds similar to those investigated by the commission and, in general, to eradicate impunity and promote national reconciliation in Burundi;
2. Recommends that the international commission of inquiry
be composed of five impartial and internationally respected, experienced
jurists who shall be selected by the Secretary-General and shall
be furnished with adequate expert staff, and that the Government
of Burundi be duly informed;
3. Calls upon States, relevant United Nations bodies and,
as appropriate, international humanitarian organizations to collate
substantiated information in their possession relating to acts
covered in paragraph 1 (a) above, to make such information available
as soon as possible and to provide appropriate assistanceto the
commission of inquiry;
4. Requests the Secretary-General to report to the Council
on the establishment of the commission of inquiry, and further
requests the SecretaryGeneral, within three months from the establishment
of the commission of inquiry, to submit an interim report to the
Council on the work of the commission and to submit a final report
when the commission completes its work;
5. Calls upon the Burundi authorities and institutions,
including all Burundi political parties, to fully cooperate with
the international commission of inquiry in the accomplishment
of its mandate, including responding positively to requests from
the commission for security, assistance and access in pursuing
investigations, including:
(a) Adoption by the Government of Burundi of any measures needed for the commission and its personnel to carry out their functions throughout the national territory with full freedom, independence and security;
(b) Provision by the Government of Burundi of all information in its possession which the commission requests or is otherwise needed to carry out its mandate and free access for the commission and its staff to any official archives related to its mandate;
(c) Freedom for the commission to obtain any information the commission considers relevant and to use all sources of information which the commission considers useful and reliable;
(d) Freedom for the commission to interview, in private, any persons the commission judges necessary;
(e) Freedom for the commission to visit any establishment or place at any time;
(f) Guarantee by the Government of Burundi of full respect for the integrity, security and freedom of witnesses, experts and any other persons who help the commission in its work;
6. Calls upon all States to cooperate with the commission
in facilitating its investigations;
7. Requests the Secretary-General to provide adequate security
for the commission in cooperation with the Government of Burundi;
8. Requests the Secretary-General to establish, as a supplement
to financing as an expense of the Organization, a trust fund to
receive voluntary contributions to finance the commission of inquiry;
9. Urges States and intergovernmental and non-governmental
organizations to contribute funds, equipment and services to the
commission of inquiry including the offer of expert personnel
in support of the implementation of this resolution;
10. Decides to remain actively seized of the matter.