GENEVA, Switzerland, April 18, 2016 – The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein warned Monday of “a sharp increase in the use of torture and ill-treatment in Burundi” and voiced concerns about worrying reports of the existence of illegal detention facilities, both in Bujumbura and in the countryside.
“Since the beginning of the year, my team has recorded at least 345 new cases of torture and ill-treatment. These shocking figures are a clear indicator of the widespread and growing use of torture and ill-treatment by government security forces,” said Zeid. In all, some 595 people have been ill-treated or tortured since April 2015, a figure which is likely to be an under-estimate.
“Torture and ill-treatment mainly take place at the time of arrest, upon arrival or during detention, especially in facilities run by the Service national de renseignements (SNR), the police and, to a lesser extent, the army. Perpetrators of torture and ill-treatment have so far enjoyed total impunity,” the High Commissioner said.
“Many detainees visited by our team in the past few weeks had fresh wounds on their bodies. Some were unable to walk without assistance after being beaten with belts, iron rods or sharp objects, or burned. I am profoundly disturbed by these terrible accounts and I urge the Burundian Government, in the strongest terms possible, to put an immediate end to these unacceptable and illegal practices,” said Zeid.
Most of the tortured and ill-treated detainees say they were denied medical treatment. Some said intelligence services hid them in the toilets for days so their torture wounds could heal before they were returned to cells holding other prisoners.
During a visit by a UN human rights team to SNR facilities in Bujumbura last week, 30 of the 67 people held there displayed physical signs of torture. Many irregularities were identified during the visit, including the fact that 25 of the detainees had been kept in custody beyond the prescribed maximum time limit. In addition, while all detainees had been arrested for what were reportedly minor offences, the accusations entered against many of them in the SNR registry were for much more serious criminal offences, including undermining State security, illegal possession of arms and espionage.
Several cases of ill-treatment and torture have also been reported at police stations, especially in those located in the two Bujumbura neighbourhoods of Citiboke and Musaga, and at the Mutakura military camp.
The High Commissioner noted that the use of torture and ill-treatment was also widespread in the countryside, noting a case of two men who said they were arrested by SNR agents in Nkamba province at the end of March. They said they were seriously beaten and repeatedly dropped in Lake Tanganyika with their hands tied on several occasions in order to force them to confess to crimes.
“I recognize the efforts made by the Government in releasing at least 45 demonstrators following the Secretary-General’s visit. However, in addition to the reports of torture and ill-treatment in official detention facilities, I am deeply concerned about information emerging about the existence of secret detention facilities across the country,” the High Commissioner said. A man who was arrested at the end of March by unidentified armed individuals stated that he was taken blindfolded to an unfinished building in an unknown location, where nine other people were also being held. The victim reported witnessing the execution of two fellow detainees before he managed to escape. Reports have also been received of another illegal detention facility, allegedly set up by the police with the support of the Imbonerakure militia, in the city of Ngozi, in the northern part of the country.
The High Commissioner said he had also received “persistent reports of arrest, detention, torture, ill-treatment, enforced disappearances and assassination of certain members of the police and military by other government forces.” Members and officers of the former Burundian Armed Forces – known as ex-FAB and which was predominantly Tutsi – appear to have been particularly targeted, including some retired soldiers.
Many soldiers interviewed by the UN Human Rights Office while in detention said that the torture or ill-treatment they endured was aimed at forcing them to confess their support for rebel groups or to provide names of other people suspected of supporting them.
Some soldiers detained at the SNR facilities claimed to have witnessed the killing of a number of their colleagues. On 10 April 2016, the body of an ex-FAB soldier, who had been arrested the previous day by the police, was found in Gesenyi, near Citiboke. At least five soldiers have also been reported missing following their arrest by police or military forces over the last few weeks.
Zeid also deplored the increase in attacks by unidentified armed men, reportedly linked to rebel groups. At least 30 attacks in Bujumbura and in several provinces took place in March, killing one civilian and four soldiers. Around five civilians were also reportedly killed during a rebel attack near the Tanzanian border on 11 April.
The High Commissioner also condemned the targeting of members of the ruling party, the CNDD-FDD, including the assassination of a local official and member of the CNDD-FDD who was shot at his home by unidentified armed men on 13 April in the town of Kajaga, in Bujumbura Mairie province.
There was released a report on torture of citizens in Burundi in recent year from CSO Amnesty the 24th of August. This here has been described I will take the defining characters of this from that report, but also some older documentation to prove that this isn’t new actions from the Governmental and Security organizations in Burundi. In 2006 the Committee from International Service from Human Rights commented on the torture matters already then. After that I will look on what numbers and anti-torture project where the purpose was: “Effectively build capacity for sustainable support to victims of torture; and prevent future incidences of torture”. And the projects are telling from the USAID in the same period. USAID had also a monitoring period that ended in 2007 that gives some interesting insights to the methods of torture. United Nations has made a review of the situation when it comes to torture as well in 2014. So that Amnesty International is telling stories that everybody who cares about Human Rights should read all of the personal stories. I have taken the big picture from the report that was delivered from the organization on the 24th of August 2015. Which also shows to the works of the UN and OHCHR and describing the matters and sadness of how the police and other units treats its citizens who demonstrate against the government. It should be stopped and international community should do something about it. Though it’s an issue that is continuation from 2006 and I am sure earlier then that while in war, an CNDD-FDD promised to lead with the USAID projects to shun this activities, but certainly hasn’t with the reports released recently. Read under the quotes and outtakes from a set of reports and some of the pieces from Amnesty.
Reports from 2005 and so on:
“The Committee criticised the lack of a definition of torture in Burundian domestic legislation. The delegation admitted that while Burundi officially endorses the definition contained in the Convention, their criminal code does not define torture, nor is torture as such criminalised. In practice, torture is treated as an ‘aggravating circumstance’ and pursued on the basis of ‘infliction of bodily harm’” (…)”Both country rapporteurs underlined that the legislation prohibiting torture must not only cover physical torture (which is the case as long as torture is prosecuted under the category of ‘bodily harm’), but needs to extend to psychological and mental torture. The Committee drew the delegation’s attention to the obligation States have to initiate investigations into cases of torture. Mr Camara said that given the lack of a domestic legal basis, prosecutors in Burundi did not have a clear incentive to investigate cases of torture” (…)”the National Intelligence Service (NIS). It is responsible for the collection of date in order to protect the state security of Burundi. It can also carry out police functions and arrest people. According to the State report, the NIS is one of the main institutions involved in cases of torture. The Committee repeatedly expressed concern about this situation. Mr Mariño said the NIS seemed to have a dual mandate and be responsible for political oppression; it needed to be reformed, monitored and made accountable to the judiciary. Mr Camara asked if NIS officers could be sanctioned by the PPS; the delegation confirmed this with reference to ongoing cases. The delegation agreed that the NIS had too many prerogatives and specifically asked for recommendations on how to curb its power” (…)”In reference to the prohibition of the use of evidence obtained through torture, the delegation referred to a supreme court judgement which prohibits such evidence from being used in court. However, a Committee member pointed out that this particular decision is ambiguous since it says that “a confession is not proof in itself, but merely a piece of evidence that must be corroborated by other evidence”. The Committee felt this could be construed so that evidence extracted through torture could be used if supported by other evidence (Human Rights Series, 2006).
Turning to concrete cases, some Committee members asked about further information on a massacre which had taken place at Gatumba. The delegation responded by saying that it had issued a report which attributed the responsibility for the massacre to members of the armed movement PALIPEHUTU-FNL” (Human Rights Monitor Series, 2006).
What USAID has worked on a long while and had programs with:
“IMPLEMENTING PARTNER: Search for Common Ground (SF CG), Trauma Healing and Reconciliation Services (THARS), Ligue ITE KA, Association pour la Protection des Droits Humains et des Personnes Détenues (APROD H)
FUNDING PERIOD: March 2003–September 2005
AMOUNT: $1,700,000
PURPOSE: Effectively build capacity for sustainable support to victims of torture; and prevent future incidences of torture” (Victims of Torture Fund, USAID, 2005-2006).
Trauma healing: Eighteen Healing Memory Group activities (785 participants) held to provide psychological healing for victims. 372 victims of torture received psychological support and 567 received medical services; 289 referred to partners; 750 transported to medical facilities (Victims of Torture Fund, USAID, 2005-2006).
Social Reintegration: Twenty-seven victims associations created. Thirteen ongoing series of monthly healing sessions/retreats with 1,636 participants (Victims of Torture, USAID, 2005-2006)
Funding/Year
2002
2004
2005
Total
USD In: Thousands of Dollars
1,200
500
1,200
2,900
(Victims of Torture, USAID, 2005-2006)
USAID has continued to follow up the country and reports on Torture between October 2007 – September 2011. Here is their findings and what they have received of information on the matter: “Human rights. The project worked to strengthen the institutional capacity of civil society organizations, particularly those focused on women, to advocate for gender-based violence, victims of torture, and conflict management. By launching campaigns and engaging in effective discourse with the government and the media, civil society groups were able to open up about the sensitive and often dangerous nature of supporting human rights, which led to increased awareness and understanding” (…)”Victims of torture. In Burundi, torture continues to be practiced and victims have had little recourse because those in positions of authority, such as public security agents, presidential police, soldiers, local government officials, and rebel groups have all practiced torture without being held accountable for their actions. Through its activities, the project has been able to help Burundians open up a public dialogue and raise awareness about the problem of torture, a subject that over the years had become taboo in many parts of society” (…)”Victims of torture consortium. One organization cannot influence change alone, and working in the anti-corruption or human rights arena can be dangerous. Thus to strengthen advocacy against torture in Burundi, the project convened civil society organizations working in human rights and torture to start a dialogue on what is needed in this area and propose the idea of creating a consortium. The project worked via the consortium structure to coordinate these various and extensive activities. At subsequent meetings, the number of civil society organizations more than doubled and by the time the consortium, Consortium Action Contre la Torture (CACT), was incorporated it represented most of Burundian civil society working in human rights, with 26 organizations and government entities. The consortium, designed to coordinate advocacy for the eradication of torture in Burundi, identified priorities for reform when the consortium was first formed” (…)”Victims of torture grants. The project allocated 18 grants to civil society organizations in Year 2; eight of them provided medical and legal assistance to 453 victims of torture. The project provided medical, psychosocial healing, and legal and judicial assistance. The grants were provided to organizations with previous experience in this area, and they were able to work in cooperation with other grantees as well as in the consortium against torture. The most pressing need for a victim of torture is medical assistance. Many victims are debilitated or prevented from working due to the injuries, and others live with the physical scars and residual pain. The assistance consisted of providing victims medicine, hospitalization, and specialized care. Seven grantees provided medical assistance to victims in various provinces. One example of the medical services provided by grantees is the work done by ACAT, an organization that carried out medical services in 26 communes” (…)”In addition to being physically traumatic, torture is also emotionally and psychologically traumatic. Even if physical scars heal, there are lasting psychological effects. The project created a support group that fostered an atmosphere of empathy, affection, and security that victims greatly appreciated — especially significant because most victims never dared to speak about their experiences” (…)”In Year 4, project grantee ABDP-DRS advocated for the use of alternative sentencing to imprisonment in accordance with a law of 2009. By meeting with decision-makers, including prison authorities, police, and judges to present data from a survey, ABDP-DRS was able to provide information on alternative sentencing. It also organized prison visits so that police and judges could see the current conditions of the prisons to which they were sentencing perpetrators. Action Chrétien Contre la Torture (ACAT) also received a grant to continue advocating decision-makers and judiciary actors. ACAT equipped judges, judiciary police, and prison officers with information gained during site visits of detention centers in 11 provinces to evaluate the torture cases, living conditions for detainees, and the application of the penal code regarding torture” (Burundi Policy Final Reform, 2007).
When we see earlier what the UN has scaled on the State of torture in the State of the Burundi. The UN commented this on the issues that were at hand in 2014:
“Legislative measures for the prevention of torture
While noting that an absolute prohibition of torture is established in the Constitution, the Committee is concerned at the numerous shortcomings of the organization and command structure of the country’s security services, particularly the Burundian National Police (Police nationale du Burundi) and the National Intelligence Service (Service national de renseignement). These services are still governed by presidential decrees, whereas the Constitution provides that they be governed by the necessary legal framework. While noting that article 31 of the State party’s Criminal Code establishes that an order from a superior officer cannot be used as an argument by the defence in a case of torture, the Committee remains concerned about the effective implementation of that provision (arts. 2, 6 and 16)” (United Nations, 2014).
The United Nations continues with this:
“The absolute prohibition of torture” (…)”The State party should, as a matter of urgency, take steps to incorporate provisions into its Military Criminal Code that establish that acts of torture and ill-treatment committed by military personnel constitute an offence, that such offences are not subject to any statute of limitations and that the sentences for such offences are irreducible. The provisions to be incorporated into the Code should also establish appropriate penalties” (…) “The Committee is alarmed by credible, corroborative and persistent reports of a large number of acts of torture and extrajudicial killings committed by members of the Burundian National Police and the National Intelligence Service. It is concerned about the slow pace and limited scope of the investigations and judicial proceedings that have been opened in this connection, which would appear to corroborate claims that the perpetrators of these acts enjoy impunity. The Committee also finds it regrettable that no information about cases that have gone to trial or the outcome of those trials has been forthcoming. It is also concerned at the absence of protection for victims and witnesses, who are subject to reprisals (arts. 2, 4, 6, 7, 12 and 14)” (…)”The Committee is alarmed at the appalling conditions of detention in places of deprivation of liberty. It deplores, in particular: the high levels of prison overcrowding; the failure to separate male prisoners from female prisoners, adults from minors and persons awaiting trial from those already sentenced; the shortage of beds and sleeping space; the poor sanitary conditions; the dilapidated state of the facilities; prisoners’ inadequate and unbalanced diet; and the lack of health care. It further deplores the death of 263 inmates, inter-prisoner violence and the sexual violence against women and minors perpetrated by other inmates and guards. Lastly, the Committee is concerned about the continuing practice, in the State party, of detaining patients in hospital for non-payment of fees” (…)”While taking note of the fact that article 289 of the new Code of Criminal Procedure provides for the compensation of victims of torture, the Committee expresses its concern at the failure to apply this provision, in violation of article 14 of the Convention” (…) “The restrictions on the right of assembly and demonstration imposed by law enforcement bodies and reports of cases involving the violent suppression of demonstrations resulting in the excessive use of force by the authorities, for example during the protests of March 2014” (…)“The serious human rights violations perpetrated by a youth group (referred to as the Imbonerakure) with close ties to the Government, including: the harassment of political opponents; the disruption of public meetings, acts of intimidation, arbitrary arrests and arbitrary detention and other acts of violence; and the use of so-called “amicable” arrangements for settling disputes. The Committee is deeply concerned by reports that the Government is providing this group with weapons and training” (United Nations, 2014).
Amnesty has in recent reports on how the torture has been from May 2015:
“Both the SNR and the Burundian National Police (PNB) are responsible for torture and other ill-treatment. Former detainees described being beaten with branches, iron bars, and police batons; and being stomped on, threatened with death, denied medical care, and verbally abused. In one particularly horrific case, a five-litre container full of sand was hung from a man’s testicles, causing enormous pain and swelling, and then the man was made to sit in a shallow layer of what he believed was battery acid, burning his skin severely” (…) “In and after the demonstration in April 2015 this has happen: “The police response to the demonstrations was marked by a pattern of serious violations, including of the right to life, freedom of association and peaceful assembly. They used excessive and disproportionate force, including lethal force, against protesters, at times shooting unarmed demonstrators running away from them. Even where children were present during demonstrations, police still failed to exercise restraint, and used tear gas and live ammunition” (…)”The cases of torture and other ill-treatment under SNR detention documented here all took place at the SNR compound near Bujumbura’s cathedral” (…)”In early June, the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Burundi told Amnesty International they had documented nearly 50 cases of torture and other ill-treatment. On 7 July, the UN Secretary General’s report on the electoral observation mission in Burundi stated that “some 307 people have been arrested, including 14 minors. Most of those arrested have been subjected to torture and cruel, inhumane and degrading treatment by security officers (mainly police and intelligence agents)” (…)”According to information received from lawyers, when individuals previously held by the SNR have alleged torture before court, the evidence obtained under such circumstances did not appear to have been declared invalid in spite of clear provisions in the Burundian Code of Criminal Procedure. To date, there is no investigation and nobody has been arrested for torture at the SNR” (…) “However, the Burundian Code of Criminal Procedure makes provision for a detainee to remain silent if his lawyer is not present and for a detainee to communicate freely with his lawyer.16 A leading Burundian human rights organization, the Association for the Protection of Human Rights and Detained People (APRODH), is no longer granted access to the SNR’s compound. At least one detainee says that he signed a document under duress” (…)”A man held at the SNR was also told by other detainees that the Imbonerakure had given information to the police for their capture” (…)”several testimonies of torture and other ill-treatment at a place known as Chez Ndadaye in Bujumbura. According to a policeman and UN human rights monitors, Chez Ndadaye is an operational command centre for the police.36 It is known as Chez Ndadaye because the presidential palace that housed President Melchior Ndadaye, the country’s first democratically elected president and first Hutu president, once stood there” (…)”According to the first policeman and two victims, demonstrators were not kept overnight at Chez Ndadaye, but were beaten there before being transferred to the judicial police and/or police stations” (…)”The OHCHR carried out a planned visit to Chez Ndadaye on 12 June 2015, but did not observe any torture or beatings at the time” (…)”One policeman told Amnesty International some policemen are frustrated by the situation. He explained: “Several policemen are not happy about what takes place at Chez Ndadaye and have complained to their superiors. Most of the perpetrators are those who were previously in the bush (ex-FDD). They beat protestors. Maybe around 10 people came through Chez Ndadaye every day. Police used their batons and electric wires to beat them. They’d say ‘you who are against Nkurunziza, you are wasting your time, he’ll be president forever’,” (Amnesty, 2015).
Aftermath:
I don’t really want to comment more on the issues. Because the reports on reports are really telling its own tale, I will not add much on it. Then it’s a sad story of real men and woman who is scared and hurt for their position in society. That the UN, USAID, OHCHR and Amnesty reports from 2006-2015 is telling a vivid stories and painful facts. Too many victims of the government and police of Burundi, they all deserve a voice, they all deserve justice and a society where this wouldn’t happen. Instead the Police and Government of Burundi is going after their own people without prosecution and trial. Putting them in shackles, pushing them in cells and hurting them in places like Chez Ndadaye in Bujumbura and that is not the only house and police institution that is being used in a vile place. So no matter what people are being unjustified threaten and punished by the police and security forces in Burundi. There should be something the world could do to stop this systematic and unjust ways. Not just in writing and councils reviews of the United Nations, but in actual forum that can change the President Pierre Nkurunziza of Burundi and the regime of the country. That is the issue and it’s not easy especially with the ways that the president got “elected” into the third term. Pierre Nkurunziza will always be remembered in a unique way and essentially with the shunned sworn-in celebration in mid-August 2015. An also for the reports of torture that the police and security organizations are doing as well in his presidency as well, which isn’t a beautiful view. Peace.
Reference:
AFR 16/2298/2015 – ‘“JUST TELL ME WHAT TO CONFESS TO”, TORTURE AND OTHER ILL-TREATMENT BY BURUNDI’S POLICE AND INTELLIGENCE SERVICE SINCE APRIL 2015’ (24.08.2015) – Amnesty International
CAT/C/BDI/CO/2 – ‘Concluding observations on the second periodic report of Burundi’, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee on Torture (12.12.2014) – United Nations
Human Rights Monitor Series – ‘COMMITTEE AGAINST TORTURE 37TH SESSION BURUNDI, INITIAL REPORT’ (2006), International Service for Human Rights
‘BURUNDI UNDER REVIEW BY UNITED NATIONS UNIVERSAL PERIODIC REVIEW: RECOMMENDATIONS REGARDING JUSTICE MATTERS’, Commonwealth Human Rights Intiative
USAID – ‘BURUNDI POLICY REFORM FINAL REPORT October 2007 – September 2011 (12.09.2011) – This publication was produced for review by the United States Agency for International Development. It was prepared by Chemonics International.
USAID – ‘VICTIMS OF TORTURE FUND PORTFOLIO SYNOPSIS 2005–2006’, Victims of Torture Fund, U.S. Agency for International Development
Today the results came from the Electoral Commission in Burundi wasn’t unexpected. We all knew that would happen. It’s not really much to say. We all expected it and there wasn’t really much news value in that. Other than the Government of Burundi will go into an uncertain future. With People of Burundi will not recognizing that Pierre Nkurunzia is again for the third time president of the Country. The president can use the High Court judgement, but that doesn’t stop the foreign pressure or local dissidence. The situation will be fragmented and sore wound after the violence want give more legitimacy to the President of Burundi. EAC had Election Observation Mission on the Election Day and has followed the election apparently. While the African Union and European Union suspended their missions and observers to it. So that they wanted to show that they didn’t’ want legitimacy to the actions of the president. There been oppressive actions towards the opposition in the country after the Coup d’état in the country. I think that the Preliminary Statement of the Election is worthy for everybody who follow Burundi show read it. Enjoy. Peace.
The East African Community deployed an Election Observation Mission (EOM) to the Republic of Burundi for the 21 July 2015 Presidential Election. Hon. Abubakar Zein, a Member of the East African Legislative Assembly (EALA), was the Head of the Mission and has released the Preliminary Statement of the Mission as below:
The East African Community Election Observation Mission to the Presidential Election of 21 July 2015 in the Republic of Burundi – PRELIMINARY STATEMENT, Bujumbura, 23 July 2015-
INTRODUCTION
In response to the invitation by the Independent National Electoral Commission of Burundi (CENI); the Standing Decision of the East African Community (EAC) Council of Ministers to observe elections in all EAC Partner States and the Decision of the 3rd EAC Emergency Summit on Burundi of 6 July 2015, the EAC deployed an Election Observation Mission (EOM) to the Republic of Burundi for the 21 July 2015 Presidential Election.
The EAC EOM was led by Hon. Abubakar Zein, a Member of the East African Legislative Assembly (EALA) and comprised 25 members drawn from the EALA, National Electoral Management Bodies, National Human Rights Commissions, Ministries of EAC Affairs, and Civil Society Organizations from four EAC Partner States namely the Republic of Kenya, the Republic of Rwanda, the United Republic of Tanzania, and the Republic of Uganda. The Mission deployed seven teams to observe the polling and counting processes in Bujumbura, Gitega, Ngozi, Kirundo, Mwaro, Muramvya, Karuzi, Muyinga, Rumonge, Bururi and Makamba Provinces.
The EAC has followed the Burundi electoral process since January 2015 through consultative sessions by the EAC Eminent Persons (PEP), Pre-Election Assessment Mission (PEMi), the EAC Council of Ministers and EAC Emergency Summits. Through these initiatives, the EAC, while appreciating the state of affairs, identified challenges facing the electoral process and made appropriate recommendations. The Mission’s findings are also informed by the report of the aforementioned initiatives.
This statement contains preliminary findings, recommendations and conclusions made by the Mission based on independent observation, interaction with electoral stakeholders including the CENI, political parties, civil society organizations, security agencies, and the media, among others. As the electoral process is still ongoing, this statement limits itself to the assessment made up to the polling and results counting processes. In due course, the Mission will avail a more detailed final report on the electoral process in Burundi through the EAC policy organs.
PRELIMINARY FINDINGS
General Political Context
The political context of the 2015 presidential election has been characterized by the controversy surrounding the incumbent President Pierre Nkurunziza’s candidature for a third term. This was viewed by some actors as a violation of the Arusha Peace and Reconciliation Agreement of 2000 and the Constitution 2005 of Burundi. Other actors maintained that the first term did not count thus, the incumbent qualifies to vie in the 2015 presidential election. The incumbent’s nomination on 25 April 2015 sparked demonstrations in Bujumbura and some parts of the country which turned violent.
The confirmation of the incumbent’s candidature by the Constitutional Court resulted in the deterioration of security situation and the prevailing political impasse in the country. There were persistent violent protests and an attempted coup d’état on 13 May 2015 which resulted in scores of deaths and deterioration of the human rights situation in the country. From the foregoing background, there was an influx of refugees estimated to be around 150,000, some of whom were registered voters, to neighboring countries including the Republic of Rwanda, the United Republic of Tanzania, the Republic of Uganda and the Democratic Republic of Congo.
Successive dialogues mediated by the Joint International Facilitation Team comprising the EAC, African Union, United Nations and International Conference on the Great Lakes Region (ICGLR) were convened between Government, opposition representatives and other stakeholders in order to resolve the political stalemate. There were three successive EAC Emergency Summits on the situation in Burundi, and subsequent appointment of President Yoweri Museveni of the Republic of Uganda to facilitate a High Level Political Dialogue in a bid to resolve the political stalemate. The Mission noted that the Political Dialogue was postponed on the eve of the election without consensus.
The presidential election which was initially scheduled to take place on 26 June 2015 was postponed to 15 July 2015 following a request by the EAC 2nd Emergency Summit and eventually to 21 July 2015. The 3rd EAC Emergency Summit requested for a delay until 30 July 2015 in order to allow for dialogue and consensus building on contentious issues among all the stakeholders.
Lack of political consensus on key issues on the electoral process during the High Level Dialogue including the election calendar, insecurity, the candidature of the incumbent president, return of refugees, media freedoms and civil liberties, perpetuated uncertainty and fear. This state of affairs contributed to some opposition candidates withdrawing from the presidential race.
Legal and Institutional Framework
The 2015 presidential election is governed by the Constitution 2005 and a set of laws regulations and decrees. The Constitution provides for fundamental rights and freedoms which are important for the participation of citizens in the electoral process. Article 8 of the Constitution provides for election by equal and universal suffrage. The suffrage is also extended to the citizens in diaspora thereby guaranteeing their enfranchisement.
Whilst the framework is adequate for the conduct of democratic elections in Burundi, there have been violations of the fundamental civil and political rights that limited citizen participation in the electoral process. For instance, the attempted coup d’état heightened the closure of several private media outlets thereby impacting on the rights to freedom of expression. Similarly, this denied the citizens an alternative source of information that is critical in making an informed choice in the election.
The amendment of the Electoral Code 2014, introduced the use of a single ballot paper that replaced the multiple ballot system. The Mission is of the opinion that this reform is a positive measure as it is able to contribute to enhancing the secrecy of the ballot as well as the overall cost of administration of elections but needed to be accompanied by adequate voter education.
The Independent National Electoral Commission (CENI) is the election management body in Burundi comprising five commissioners who are appointed by the President subject to approval of the National Assembly. While CENI enjoys constitutional independence, it does not enjoy the confidence of a substantial proportion of stakeholders. The desertion of the Vice President and one Commissioner as well as withdrawal of members of the Catholic Church from the CENI structures in May 2015 impacted on public’s perception on the credibility of CENI.
The Constitutional Court has the jurisdiction to arbitrate election disputes for Presidential and legislative elections in Burundi. It is also tasked with announcement of final election results for presidential election. While the Court constitutionally enjoys independence and impartiality, the desertion of the Vice President of the Court impacted on public’s perception on the credibility of the Court.
Voter Registration and Voters’ Roll
There were a total of 3,849,728 registered voters for the 2015 elections. The first voter registration exercise was conducted between November and December 2014. The CENI made efforts to enfranchise more voters in March 2015 through a partial voter registration upon the request of political parties and also allowed for inspection of the voters’ roll by the parties.
The Mission noted that the two-step voter registration process was operationally cumbersome. The registrants were issued with a récépissé (waiting slip) and were later to be issued with a voter’s card. The two-step process affected the distribution of the voter cards as the cards had not been distributed by 26 May 2015, being the initial date of parliamentary and communal elections before the postponement of polls.
Election Campaign
All political parties and candidates should be allowed to campaign freely as per the law and with due regard to expression of fundamental freedoms of association, assembly and speech in line with the International Covenant on Civil and Political Rights. According to the Electoral Code, the election campaign lasts for 14 days.
The campaign environment was generally tense and characterized by fear and uncertainty. The political stalemate surrounding the candidature of the incumbent president, concerns relating to the security of candidates and their supporters and the subsequent postponement of polls impacted the electoral process and implementation of the campaign calendar.
Some candidates to the presidential election participated in the political dialogue aimed at resolving the political stalemate, a process that took place during the campaign period. This impacted on the candidates’ ability to solicit for votes and for the voters to make informed decisions on leaders of their choice. This uncertainty was further accentuated by the reported withdrawal of some candidates from the presidential race, a few days before the polls.
Media environment
An already constrained media in a shrinking democratic space was further affected by the attempted coup d état. The media environment during the electoral process was affected by the ongoing political stalemate. During the period of the failed coup d’état, five private media outlets were destroyed on 13 and 14 May 2015, namely, Radio and Television REMA, Radio and Television Renaissance, Radio Isanganiro, Radio Publique Africaine (RPA), and Radio Sans Frontiere Bonesha FM. The limited access to alternative sources of information apart from the State broadcaster, especially during the electioneering period, limited space for pluralistic ideas and impacted upon the playing field among political competitors. This in turn constrained the options for voters to be adequately informed on the electoral process and make informed choices.
Security Environment
The Presidential election in Burundi was held against a backdrop of a tense and violent pre-election period. April to June 2015 witnessed some of the most violent incidents, including a failed coup d’état. Arising from the observed pattern of behaviour over the period, and following a risk assessment mapping, it was noted that the Provinces of Cibitoke, Bubanza and Kayanza had experienced unprecedented violence over the three weeks preceding the presidential polls.
On the eve of the polls, there were incidents of shooting, grenade attack and subsequent reports of three deaths in Bujumbura which heightened fear among the population. It was also noted that within Bujumbura city, the following areas were restive with unpredictable security environment: Cibitoke, Mutakura, Buterere, Ngagara, Jabe, Nyakabiga, Kanyosha and Musaga. The Mission did not deploy observers in the above captioned regions as a result of the unpredictable security environment. However, there was relative calm in other parts of the country.
Civic and Voter Education
The conduct of civic and voter education had challenges and was exacerbated by insufficient funding. The withdrawal of funding by development partners impacted on the voter education which led to reprioritization of resources by the Government of Burundi. In this regard, the Mission noted that voter education initiatives were minimal despite CENI having introduced a single ballot paper of which voters needed to be adequately educated.
Polling and Counting Processes
The EAC observers visited a total of 80 polling stations. The polling process was generally calm and peaceful. Whereas most stations opened on time, some opened later than the stipulated time of 6:00am. In some stations, voting had not started as late as 10.00 am. In Bujumbura, anxiety over insecurity and late arrival of election materials impacted on the timely opening of the polls.
In most polling stations visited, polling personnel were present and election materials were in adequate quantity. The polling personnel generally managed the polling process in a professional manner. Apart from the CNDD-FDD party agents who were present in all stations visited by the EAC Observers, there was a notable absence of party agents of most opposition political parties despite the obligatory requirement by Electoral Code.
Beside the EAC observers, the Mission noted the presence of domestic observers and international observers from the MENUB, ICGLR, as well as embassies of Tanzania, Democratic Republic of Congo and Kenya. Most polling stations closed at 4pm as stipulated in the Electoral Code. The counting process took place immediately after the closure of the polls and registered no incident in all polling stations visited by EAC observers.
The EAC observers noted that the voter turnout was generally ranged from low to average in most polling stations visited.
PRELIMINARY RECOMMENDATIONS
Based on the above findings, the EAC Election Observation Mission to the 21 July 2015 presidential election makes the following recommendations:
a) To All National Stakeholders:
Pursue an all-inclusive and honest dialogue in order to find a sustainable solution to the political impasse prevailing in Burundi.
b) To the Government: Ensure that peace and security is guaranteed for all citizens of Burundi; Undertake measures to ensure that law and order is maintained in a manner that uphold respect for human rights;
iii. Ensure that there is adequate funding for the conduct of elections;
– Undertake measures to ensure safe return and reintegration of refugees in Burundi;
– Undertake capacity building measures to strengthen and enhance the efficiency of governance institutions to promote sustainable democratic development;
– Enhance the capacity of security agencies in respecting the fundamental human rights of the citizens while maintaining law order;
vii. Undertake measures to remove restrictions on media freedom and allow private media.
c) To Parliament:
– Pursue legal and institutional reforms aimed at safeguarding the independence of the CENI and the Judiciary;
– Delink the registration of political parties from the Ministry of Interior.
d) To CENI:
– Consider merging of voter registration and issuance of voters cards in order to enhance operational efficiency and minimize the challenges experienced in the 2015 electoral process;
– Undertake voter education in collaboration with relevant stakeholders to enhance public awareness and participation in electoral processes.
e) To the East African Community:
Continue engagement with all stakeholders to find a sustainable solution to the prevailing political impasse in the country.
f) To the International Community:
Sustain engagement with the Government and all national stakeholders in order to address the prevailing political, social and economic challenges in the country.
CONCLUSION:
The people of Burundi have enjoyed relative peace since the Arusha Peace and Reconciliation Agreement of 2000, which constitutes the bedrock for building democracy, sustainable peace and development in the country. The Mission notes that the electoral period has been characterised by anxiety and uncertainty. The Mission notes with concern that successive efforts to build consensus through inclusive dialogue among Burundi stakeholders have not been successful.
The Mission noted that there was relative peace on the polling day. However, the principle of choice was generally hampered by among others, insecurity ( a general feeling of fear and despondency in some parts of the country), confinement of democratic space, civil liberties including freedom of speech, assembly, media, campaigning and the boycott by opposition parties.
The electoral process fell short of the principles and standards for holding free, fair, peaceful, transparent and credible elections as stipulated in various international, continental as well as the EAC Principles of Election Observation and Evaluation.
The EAC Observation Mission urges all stakeholders to maintain calm and to re-engage in candid and inclusive dialogue in order to find sustainable solution to the political impasse prevailing in Burundi.
The Mission would like to thank and extend its profound gratitude to the people and the Government of Burundi, CENI and MENUB for their cooperation during the mission.
Issued at Royal Palace Hotel, Bujumbura this 23 July 2015
This here now will be a part of series of WikiLeaks discoveries on Burundi. For people who are not part of the Francophone world a lot of the information here will be new. Therefore I choose to drop it. It will be all pre 2010-Election in Burundi. This series will be directly about the preparation of the 2nd term of President Pierre Nkurunziza and his party the CNDD-FDD. This is part IV. Enjoy!
Radjabu and UPD history:
“Hussein Radjabu fought in the bush with President Pierre Nkurunziza and Chief of Intelligence Adolphe Nshimirimana, reportedly appointing them to the roles in the CNDD-FDD that they parlayed into their current positions. In 2002, he created the UPD-Zigamibanga as a strategic alternative when, before beginning demobilization, the CNDD-FDD was still negotiating political party registration” (…) “In February 2007, the CNDD-FDD party congress ousted Radjabu, a move most observers believe was to strengthen Nkurunziza’s control of the party. Police arrested Radjabu and a group of his supporters in April 2007, charging them with “threatening state security.” In April 2008, Radjabu was found guilty and sentenced to 13 years imprisonment (ref A); subsequent appeals have been denied. After the trial, Radjabu’s lawyer, Prosper Niyoyankana, claimed the trial did not proceed according to the rule of law, but according to the goals of the ruling party. He stated, “In this case, the judges are tools for the ruling party like a pen in the hands of a writer.” (…) “The UPD’s president is Radjabu’s cousin Mohamed Feruzi, but Radjabu is openly acknowledged as the party’s true leader. The UPD’s representative in Makamba province, Egide Ndayizeye, referred to Radjabu as the party’s “advisor,” informing PolOff during a June 24 meeting that “Father Radjabu” remains very active from jail” (…) “Nevertheless, in the past Radjabu has reportedly courted and received monetary support from donors in Islamic nations such as Saudi Arabia, Libya, the Sudan and Iraq” (…) “Egide Ndayizeye claims people are turning from the CNDD-FDD because of the party’s failure to fulfill its promises and to the UPD because the party promises development, peace and reconciliation. Ndayizeye stated that since the UPD’s July 2008 start in Makamba province, the party’s popularity has grown to over 80% in Nyanza-Lac and 70% in Makamba, the province’s two largest cities. Nyanza-Lac is also the fourth-largest city in Burundi” (…) “Sources indicate that Radjabu has never forgiven his former bushmates and colleagues for his expulsion and cares more that Nkurunziza’s CNDD-FDD falls from power than that UPD achieves any significant electoral victories for itself” (…) “Radjabu’s 13-year sentence was harsher than most observers expected, leading to speculation that President Nkurunziza’s administration used its influence to sideline and silence Radjabu (ref A) before the 2010 election process moves into high gear” (WikiLeaks, 2009).
FBI investigated the murder on Manirumva:
“Government of Burundi in investigating the murder of anti-corruption NGO OLUCOME’s vice president and chief investigator, Ernest Manirumva (ref A); the GoB accepted the offer April 21. In an April 28 meeting with Special Agent Horton and the RSO, however, Stanislas Nimpagaritse, the president of the Independent Commission assigned to investigate the case, refused to show Horton the evidence accumulated to that point, stating that he had no orders to do so” (…) “Horton and the RSO met with 1st Vice-President Yves Sahinguvu on April 29 to clarify the FBI,s role” (…) “he could to ensure that the FBI was given complete access to all evidence and received full cooperation from the Commission. He underscored the GoB,s commitment to conducting a thorough, transparent investigation, fully aided and supported by the FBI, to demonstrate that the process is genuine” (…) “The Manirumva murder has caused serious concern among the international and NGO communities, and inspired a strong sense in this conspiracy-prone nation that the government or some elements thereof are behind it. Manirumva was known to be investigating cases involving corruption at high levels among the police, intelligence services, Finance Ministry and others. Consequently, the news that the GoB had accepted the offer of FBI assistance was greeted with significant relief and hope that the real perpetrators and their masters – whoever they are – will be brought to justice” (…) “The 1st Vice President, who discussed the FBI assistance offer with President Nkurunziza, seems genuinely committed to pursuing the case wherever it leads. He clearly understood that an FBI report stating that the GoB was uncooperative in the investigation would feed the conspiracy theorists and convince the public that the government was indeed behind the assassination” (…) “Horton discovered that the victim,s cell phone records stopped at 19:00 the day of his murder, although it is believed that the murder occurred sometime after 23:00. When asked why the records did not cover the hours immediately surrounding the murder, police dismissed the records gap and stated without further explanation that the later records were somehow more difficult to obtain, and that the police were still waiting on the phone company to deliver them. One witness, however, claims that he saw a man in a police uniform at the victim,s home make a phone call to the victim,s phone well after 19:00. Similarly, the president of the Commission summarily dismissed a report from an eyewitness stating that he saw eight men, three wearing police uniforms, in the victim,s house the night of the murder. However, two informants currently external to the police investigation corroborate this story, and say that they believe the powerful intelligence service and police were involved” (…) “President Nkurunziza is using the FBI,s arms-length investigation to rid himself of the now too-powerful head of internal security Adolphe Nshimirimana (who may well be implicated); or whether the President and 1st VP genuinely want to find the murderers; the FBI is distinct value added to this process” (WikiLeaks, 2009).
Human Rights worker in the country:
“Eighty UN human rights employees work for the two administratively different but operationally seamless human rights agencies in Burundi. In addition to the 40 employees based at the headquarters in Bujumbura, 40 employees work in one of five field offices based in the interior of the country” (…) “The UN has done a great job establishing effective communication with GOB security forces. Each week, in coordination with civil society, the UN leads a meeting with police, intelligence, and military representatives to discuss and follow up on investigations and alleged human rights violations by security forces” (…) “The UN is doing extensive rehabilitation of Burundi’s judicial infrastructure throughout the country, and is providing logistical and financial assistance to the judicial branch to help expedite the overwhelming backlog of cases facing the court system. Thousands of cases remain to be handled, but thousands more have already been processed” (…) “Critics in civil society argue that the integration of the OHCHR into BINUB has prevented the UN from being more outspoken in criticizing GOB actions, as BINUB tries to limit its political exposure. For example, BINUB is part of a group of international actors negotiating the provisions of a cease-fire agreement between Burundi’s last rebel group, the FNL, and the GOB. According to one civil society critic, in order for the UN to maintain its “neutrality” in the negotiations, it cannot be overcritical of the government, lest it find itself on the wrong side of the GOB and no longer an effective negotiator” (…) “high-ranking Hutu member of President Nkurunziza’s staff told the director of UN human rights operations in Burundi that the UN and its agenda is manipulated by its mostly Tutsi local staff and therefore not reliable. Opposition parties’ representatives also told Embassy officials in January that even if UN human rights criticisms complement their own condemnations of the ruling party, it is difficult to assess if the UN has a meaningful impact” (Wikileaks, 2009).
Electoral code:
“Minister Nduwimana’s proposal has the electoral process beginning with presidential elections and calls for multiple ballots – one for each candidate” (…) “In the 2005 elections a separate color-coded ballot was used for each candidate, which the CNDD-FDD claimed helped illiterate voters select their preferred candidates. In those elections, CNDD-FDD local leaders pressed voters to return their unused ballots, thus revealing their votes” (…) “Opposition party leaders have often predicted that the CNDD-FDD would push for presidential elections first, saying that President Nkurunziza is more popular than his party and CNDD-FDD candidates in subsequent local elections would gain momentum from Nkurunziza’s popularity. CNDD party president Leonard Nyangoma and FRODEBU spokesperson Pancrase Cimpaye informed Embassy officials on July 16 that the GoB’s proposed Electoral Code amendments, in addition to violating the spirit of the consensus-building project, also violate Burundi’s constitution” (…)”pposition party leaders have asked the international community to weigh in with the GoB and encourage it to put the consensus draft to the parliament. Some political party representatives, including FRODEBU General Secretary Frederic Bamvuginyumvira, said to EmbOff July 16 that everything should be done to prevent the government’s draft from going before parliament because, he asserted, it will cause political deadlock” (WikiLeaks, 2009).
The elected individuals of the National Independent Electoral Commission:
“The Burundian Senate and National Assembly confirmed February 13 President Nkurunziza’s nomination of five individuals to the National Independent Electoral Commission (CENI), voting 41-5 and 108-4 in favor, respectively” (…) “President Pierre-Claver Ndayicariye, a Hutu with no party affiliation, who once served as Minister of Communication under ex-President Buyoya but has been involved with civil society since 2006” (…) “Vice-President Marguerite Bukuru, a Tutsi with no party affiliation, who served in several Ministerial positions in the early 90s” (…) “Prosper Ntahogwamiye, a Hutu, who is the Chief of Staff in the Ministry of Solidarity and a member of the Front for Democracy in Burundi (FRODEBU) political party” (…) “Julius Bucumi, a Hutu, who is a member of the Judges Council of the Supreme Court and of the ruling CNDD-FDD political party” (…) “Adelaide Ndayirorere, a Tutsi, who is a senior staff member at the Central Bank and a member of the Union for National Progress (UPRONA) political party” (WikiLeaks, 2009).
EAC Secretariat Deputy Secretary General Beatrice Kiraso thoughts on the Elections 2010:
“shared concerns about the lack of international oversight of Burundi’s peace process and agreed on the need to establish a facilitation mechanism should things go awry in Burundi’s elections process” (…) “Per Kiraso, the electoral support mission found that Burundi’s CENI has the confidence of the population, but is lacking the capacity to coordinate all election observer activities” (…) “Kiraso reported that the EAC is tentatively planning to send a team of six to eight eminent persons to Burundi as long-term observers beginning in February 2010. In the second phase of election monitoring, the EAC proposes to send two observers to each province one month before Burundi’s May elections” (…) “Kiraso, who led the EAC mission, noted with disappointment the electoral support mission’s report had not yet been published. She reported that the November Council of Ministers insisted that the EAC’s report be endorsed by the Burundian government before publication. Tanzania, she confided, was the most opposed to publishing the report, even questioning the authority for EAC’s electoral support mission. She opined that Tanzania is concerned that the EAC is moving too fast towards regional integration. Uganda may also be nervous that a similar monitoring process might be used in its 2011 elections” (…) “Kiraso is keenly aware that the outcome of Burundi’s elections, whether positive or negative, will have regional ramifications: “The interest of the EAC is to ensure that peace and stability return permanently to the Republic of Burundi, otherwise there will be a spill-over effect on the rest of the region.” (WikiLeaks, 2010).
Afterthought:
I hope you have enjoyed the series and that it has given you some new knowledge on Burundi. It gave me a lot. Peace.
MinBane 