By Waceke Njoroge
bnjoroge@jfjustice.net
The Burundi government’s refusal to address human rights abuses with the aim of obtaining justice for victims, and its silent nod to the entrenchment of impunity for perpetrators risk pushing the country back into a culture of violations, according to the report of the UN Commission of Inquiry.
It expressed concern at the manner in which the government has treated human rights violations, brushing them aside as minor problems that should not be taken seriously. Of particular concern was the way President Évariste Ndayishimiye has venerated his predecessor, Pierre Nkurunziza, whose regime has been accused of serious human rights violations that prompted the setting up of the inquiry by the UN Human Rights Council in 2016.
“President Ndayishimiye fully embraces the legacy of President Nkurunziza, for whom he has nothing but praise and on whom he has conferred, despite his death, the title of Supreme Guide of Patriotism. The Burundian authorities always present the human rights violations committed since 2015 as ‘misunderstandings’ and ‘divergences of views’ that should be put aside,” the report of the Commission of Inquiry on Burundi said.
Also of concern is the government’s rejection of independent international observation missions on human rights issues.
The commission outlined the risk factors that make it vital to maintain special vigilance in Burundi to prevent the country sliding back into severe human rights violations, a situation that prevailed in the past.
One of them is the presence of forms of instability that generate an environment conducive to atrocity crimes, as indicated by a security crisis caused by acts of terrorism and increased security incidents; a humanitarian emergency for Burundians in the country and abroad caused by natural disasters or epidemics; political tension caused by an autocratic regime or severe political repression; economic instability caused by scarcity of resources; severe crisis in the national economy; and acute poverty.
The commission acknowledged that some of the indicators have improved considerably, and therefore reduced the chances of the situation deteriorating. These include the 2020 elections and the regime’s efforts to normalise relations between Burundi and the international community, which have made the political crisis stemming from the lack of a peaceful transfer of power in 2015 less critical. Also, the government’s perceived legitimacy despite allegations of widespread electoral fraud in 2020 is of immense importance.
Another risk factor relates to the country’s history of serious human rights violations that, because they have not been prevented or punished, create a risk of further violations. The commission said this factor, which is linked to lack of political willingness and institutional capacity to tackle impunity, remains significant because of “… serious past or present violations of human rights; the acts of genocide, crimes against humanity and war crimes that have marked the country’s recent history; a policy or practice of impunity for or tolerance of serious human rights violations; the refusal or reluctance of the government to use all possible means to put an end to these violations; continued support for groups accused of involvement in serious violations or failure to condemn their actions…”
The report also cited biased accounts or denial of serious human rights violations; absence of an impartial and inclusive reconciliation or transitional justice process; and widespread mistrust in State institutions as a result of impunity.
The commission said the weakness of state structures calls into question the capacity to prevent, halt, and prosecute atrocity crimes. It listed the indicators of this as including “…lack of resources and adequate representation in judicial, law enforcement, and human rights institutions; lack of an independent and impartial judiciary; lack of effective civilian control of security forces.” Corruption and poor governance, as well as inadequate internal oversight and accountability mechanisms and non-existent external mechanisms for victims were said to contribute to the problem.
The report said the existence of reasons, aims, or other drivers that justify the use of violence against specific groups poses a risk because of several indicators, including political motives to consolidate power; economic interests linked to the conservation of power; political opponents perceived as a threat to the interests or objectives of the government or as disloyal to the country; and real or perceived membership of or support for armed opposition groups. The ideology of the ruling CNDD-FDD, which is regarded as the embodiment of truth and the supreme political entity in the country, was listed as a problem, as well as the politicisation of past grievances or cases of impunity and social trauma caused by unresolved past incidents of violence.
The capacity of potential perpetrators to commit atrocity crimes remains a challenge because of availability of personnel and arms and ammunition, and financial resources for their procurement; the capacity to transport and distribute arms and ammunition; and the capacity to encourage or recruit large numbers of supporters, and the availability of the means to mobilise them. A strong culture of obedience to authority and group conformity among CNDD-FDD and the Imbonerakure and the presence of other groups were also cited as a danger.
The commission raised the flag about the absence of mitigating factors, as indicated by lack of a strong, organised, and representative national civil society and a free, diverse, and independent national media; lack of access to international media; and lack of a national early warning mechanism. It also expressed concern about limited cooperation with international and regional human rights mechanisms; lack of willingness of the government to engage in dialogue, make concessions, and receive support from the international community, including on human rights issues; and lack of support by some neighbouring states to protect Burundian refugees.
The report talks about the climate and circumstances in Burundi that are conducive to violence and human rights violations, and lists the main indicators as including interference with vital state institutions, or measures that result in changes to their composition or balance of power, as is the case with the introduction of ethnic quotas; the mobilisation of the Imbonerakure in areas affected by security incidents; and persistent violations of the right to life, physical integrity, liberty or security of political opponents.
The commission acknowledged that the triggering factors lessened after the 2020 elections. This includes the regime’s deliberate diplomatic efforts to woo the international community; the legitimacy engendered by the elections; and the dropping of acts of incitement or hate propaganda targeting political opponents.
“However, there remain serious acts of violence; remembrance and official commemoration of past crimes or traumatic or historical incidents based on ethnicity that could exacerbate tensions; and acts related to the process of determining accountability for past atrocities that could be perceived as unfair,” the report concluded.