HUMAN RIGHTS COMMISSION CALLS FOR INCREASE IN NUMBER OF RIGHTS OBSERVERS FOR BURUNDI

Press Release
HR/CN/719

HUMAN RIGHTS COMMISSION CALLS FOR INCREASE IN NUMBER OF RIGHTS OBSERVERS FOR BURUNDI

GENEVA, 27 March (UN Information Service) -- The Commission on Human Rights called this evening for an increase in the number of human rights observers in Burundi to monitor the human rights situation and prevent abuses. Through a resolution adopted without a vote, the Commission also condemned all threats to the democratic process in Burundi and demanded an immediate end to violations of human rights and acts of violence and intimidation.

The Commission's action came at the end of a special meeting held to examine the deteriorating human rights situation in Burundi. It strongly condemned the massacres of civilians in Burundi over the past several years and urged the authorities to put an end to the situation of impunity prevailing in that country. The Commission's Special Rapporteur on the situation in the central African country, Paulo Sérgio Pinheiro, had warned of the "genocidal trend" marking the situation in Burundi for the past year. In a report considered by the Commission this afternoon, Mr. Pinheiro calls for the immediate deployment of at least 100 human rights observers in Burundi.

In a statement to the special session, High Commissioner for Human Rights José-Ayala Lasso pointed to the activities being carried out by his office and the United Nations Centre for Human Rights in Burundi, announcing that the next few days would see the arrival in Bujumbura of the first contingent of human rights observers.

The Minister for Human Rights of Burundi, while acknowledging that human rights violations were being committed by armed groups, militias and the "stray sheep of the security forces", said her Government had spared no effort to come out of the crisis afflicting the country for the last two years. Burundi had many problems, but they were not insurmountable. She appealed to those present to help her Government restart the economy and assist in re-establishing a state of order, rather than accuse and condemn.

The funding for the additional human rights monitors would come out of extra-budgetary resources, according to the Secretariat. A voluntary fund was recently set up for that purpose. Under the terms of the resolution, the

Commission also extended for one year the mandate of the Special Rapporteur, and called on the High Commissioner to set up an assistance programme in the field of human rights for Burundi.

Taking part in this afternoon's discussion were the High Commissioner for Human Rights, the Special Rapporteur on the situation in Burundi, the Minister for Human Rights of Burundi, and the representatives of the United States, Gabon, Brazil, Canada, Japan, El Salvador, Russian Federation, Italy, Switzerland, and Norway. Also making statements were the observer for the Holy See and representatives of the following non-governmental organizations: World Organization Against Torture, Pax Christi International, International Commission of Jurists, and Amnesty International.

Resolution on Burundi

Under the terms of the resolution on the situation of human rights in Burundi, the Commission on Human Rights condemned all threats to the democratic process in Burundi and demanded an immediate end to violations of human rights and acts of violence and intimidation. It strongly condemned the massacres of civilians that had been taking place in Burundi for the past several years; urged the authorities of Burundi to put an end to the situation of impunity prevailing in the country; and took note of the establishment of criminal courts. It emphasized its unfailing support for the International Commission of Inquiry, requesting the national authorities to facilitate its work; and reaffirmed its belief that those who were accused of acts of violence must be brought to justice in order to put an end to the impunity they enjoyed.

The Commission also stressed its firm opposition to any change of Government in Burundi through the use of force and reaffirmed its support for the legality of democratic institutions; condemned the murder of politicians, national officials, missionaries and journalists; strongly condemned the media which incited hatred and violence, particularly hate radio broadcasts, and invited States to cooperate in identifying and dismantling such radio stations; and encouraged the Government of Burundi to restore peace in the country and invited them to create conditions conducive to reform, reconciliation and recovery.

The Commission urged the Government of Burundi and, in particular, the armed forces of Burundi, as well as the other parties involved in the hostilities, scrupulously to respect the principles and rules of international humanitarian law and to facilitate the activities of the International Committee of the Red Cross so that it might carry out its mandate. It appealed to the authorities of Burundi to strengthen measures to guarantee the security and protection of the staff of international governmental and non-governmental organizations so as to facilitate their work. It urged States and international, governmental and non-governmental organizations to

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cooperate in all initiatives designed to bring about Burundi's recovery and called on international financial institutions to support such initiatives. The Secretary-General was requested to strengthen the office of the Centre for Human Rights in Bujumbura and to intensify cooperation between United Nations agencies in the field.

The Commission urged the United Nations High Commissioner for Human Rights, in cooperation with the Government of Burundi, to increase the number of human rights observers deployed throughout the country to monitor the human rights situation and prevent violations of those rights and requests him to set up an assistance programme in the field of human rights. The Commission welcomed with satisfaction the recommendations contained in the report of the Special Rapporteur and decided to renew his mandate for one year. The panel requested the Special Rapporteur to report to the General Assembly at its next session and to the Commission at its fifty-third session.

Report of Special Rapporteur on Burundi

In his initial report on the human rights situation in Burundi, Special Rapporteur Paulo Sérgio Pinheiro states that he is extremely concerned about the development of the human rights situation in the country during the second half of 1995 which, in his view, reveals an increasingly marked genocidal trend of a socio-ethnic nature. The report followed the Special Rapporteur's first visit to the country in June and July 1995.

Information received by the Special Rapporteur indicates that a large number of innocent and defenceless civilians have been killed or driven into exile and their houses and villages looted and burned during clashes between the Burundi army and members of the Forces for the Defence of Democracy and during operations conducted by certain elements of the Burundi army on the pretext of disarming the population. This situation is all the more alarming, he states, in view of the fact that the Government of Burundi has acceded to most international instruments on the protection of human rights and has supported the most recent resolutions, including the one appointing the Special Rapporteur.

Despite the undertakings given by Burundi, complete impunity is still enjoyed in the country, he continues. The Special Rapporteur is forced to note that no improvement in the situation is likely; on the contrary, insecurity and serious human rights violations are increasing steadily throughout Burundi.

Yet, he adds, it would be too easy for him simply to attribute responsibility for this situation to the ruling classes and the Government as a whole since they include many persons who wholeheartedly espouse democratic principles. The inertia and even complicity or failure to act of broad segments of the ruling classes in Burundi and the criminal responsibility of

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extremist groups of all ethnic origins, both within and outside the country, are paralleled by the regrettable passiveness and lethargy of the international community in assisting the democratic forces and moderate political elements in the country.

The report states that with its attitude, the international community is keeping alive the radicalization of Burundi. The slow pace at which decisions are taken and the lack of financial and technical resources give the impression that the international community is seriously underestimating the danger that the crisis racking Burundi might have repercussions in the region.

The Special Rapporteur welcomed the establishment by the Security Council of a Commission of Inquiry to collect information relating to the sale or supply of arms to former Rwandan government forces in the Great Lakes region.

The Special Rapporteur also recommends measures aiming at the consolidation of democratic institutions in order to eradicate impunity and the strengthening of civil society.

In an addition to his report, Mr. Pinheiro writes that during a second visit to Burundi, from 9 to 16 January, he had found, to his keen regret, that little or no progress had been made on certain major issues relating to his mandate. He reiterates the recommendations contained in the first report, and adds: "It is imperative that the international community speak with a single voice in order to address a clear and coherent message to the Burundi authorities and to make them understand that it will not tolerate for a moment longer the present deplorable situation in Burundi. Were this uncompromising language to fall on deaf ears or not to bring about the hoped for results, the international community would reserve the right to adopt appropriate measures or sanctions against Burundi, in accordance with the relevant provisions of the Charter of the United Nations".

The Special Rapporteur calls for the immediate deployment of at least 100 human rights observers in order to register and elucidate the violations committed and, by their presence in all of Burundi's communes, prevent their occurrence. He also recommends the strengthening of the Commission of Inquiry on Burundi. If the expected outcome of the Commission's investigations were unduly delayed, he writes, the international community should seriously consider proposing the extension to Burundi of the jurisdiction of the International Criminal Tribunal for Rwanda.

Statements

JOSÉ AYALA-LASSO, United Nations High Commissioner for Human Rights, said Burundi was at a crossroads: one path perpetuated confrontation, which fed on fear and the struggle for power, a path the Security Council had just

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denounced; the other path led to dialogue. Political dialogue was essential to break the deadlock of confrontation.

The technical assistance programme established by the High Commissioner and the Centre for Human Rights in September 1994, three months after the opening of an office of the High Commissioner in Bujumbura, had already contributed to making respect for human rights, democracy and a state of law essential elements for a national reconciliation, he said. However, there were still areas in need of more training, namely within the armed forces and the judicial system. He was happy to announce that in a few days, five human rights observers would be sent to Burundi with the aim of limiting and preventing violations of human rights and inter-ethnic violence. He hoped that the number would be increased to 35 during the current year.

He thanked the European Union for its contribution of some $435,000 to enable the first contingent of human rights observers to be operational for three months. However, a budget of $6.7 million would be required during 1996 to sustain the 35 observers necessary to undertake an appropriate programme of work. He appealed for donations from Member States for that purpose.

The High Commissioner said two messages emerged from this special session on Burundi, and they could be summarized with two words: vigilance and hope. The last year had witnessed a deterioration in the situation in Burundi. The international community must condemn all incitement to ethnic hatred, to violence and to human rights violations. This vigilance meant that if the situation deteriorated dangerously, concrete measures would have to be taken to break the hellish cycle of destruction. But the international community must also engage on the path of hope in supporting the efforts of the Government of Burundi to lessen tensions. It was up to the people of Burundi to engage in dialogue and up to the international community to ensure that this dialogue was sustained.

PAULO SÉRGIO PINHEIRO, Special Rapporteur on the human rights situation in Burundi, said the country had been experiencing a smouldering civil war. From May 1995 to January 1996, Burundi had known an intensification of acts of violence and assassinations committed against civilians and refugees. The conflict is thought to have caused 15,000 deaths among civilians and the military. Fear and insecurity were rampant among all segments of the population. The situation had blocked the democratic process.

The international community could not remain silent before the suffering the population was being subjected to, he said. Although some signs of improvement had appeared in Bujumbura during the first two months of this year, grave human rights violations continued to occur in the rest of the country. At any moment, the situation could explode and prompt a mass exodus.

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MARCIENNE MUJAWAHA, Minister for Human Rights of Burundi, said that during the past two years Burundi had experienced a crisis unprecedented in its history. Nevertheless, there had been observations, recommendations and proposed solutions, including those of the Special Rapporteur, which in some respects needed to take account of additional information in order to truly reflect the situation on the ground. Moreover, clarification was necessary to enable the Commission to understand the efforts being made by the Government of Burundi to improve the situation in her country. For example, the institutions which had been dismantled since the coup d'etat in October 1993 had gradually been restored, and there was an ongoing national debate on the fundamental problems of the country.

Furthermore, she continued, displaced persons were beginning to return and were being welcomed by their neighbours. The Government was aware that it must strengthen the trust of the population; it was important that the defence forces met their responsibilities for ensuring the security of the population. As for the judiciary, the problem of impunity was slowly being solved as the criminal courts began to function again. One persistent problem was the lack of criminal defence attorneys.

Despite this situation, she said, the Government had spared no effort to come out of the crisis afflicting the country for the last two years. Among the measures taken, a Centre for the Promotion of Human Rights had been set up and was cooperating with international institutions; and the Minister for Foreign Affairs and Cooperation had recently signed a framework agreement with the United Nations on the activities of the mission of the United Nations for the observation of human rights in Burundi.

But good will was not enough, she continued. Human rights violations were being committed throughout the country by armed groups, militias and the stray sheep of the security forces. There was also the poverty of displaced or dispersed persons, without forgetting the Burundians exiled in neighbouring countries. And the presence of Rwandan refugees in Burundi continued to give cause for concern, as did the media broadcasting messages of hatred and violence.

Burundi had many problems, but they were not insurmountable, she said. She appealed to those present to help her Government restart the economy and assist in re-establishing a state of order, rather than accuse and condemn the Government for the situation.

DANIEL L. SPIEGEL (United States) said the special meeting demonstrated an encouraging willingness on the part of the Commission to depart from the rather rigid format that had often characterized its meetings. The United States was ready to do its part to help Burundi draw back from the brink; already in the past two years, it had given over $100 million to help Burundi feed, clothe, and sustain itself. But violence had made it extremely

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difficult for international relief workers and human rights monitors to do their jobs. The United States called on the nations of the region to halt the flow of arms to Burundi and cease all military training of rebel groups. It was urgent to help all the parties engage in dialogue to resolve their differences peacefully. One way of safeguarding human rights would be to increase substantially the number of monitors deployed.

EMMANUEL MBO ALLO (Gabon) speaking as coordinator of the African Group, said that a few months before the crisis, the Organization of African Unity had set up machinery for settlement of the conflict and had sent a representative to Burundi to undertake a series of contacts and initiatives to help establish dialogue between the political forces. That initiative had been curtailed by the plane crash which plunged Rwanda into genocide and sparked the deterioration of the situation in Burundi. Now the African Group feared genocide similar to that seen in Rwanda. There was a need for improved coordination and further international effort to give the best chance for a climate of reconciliation and to help with refugee flows -- a serious problem given the meagre economic conditions -- and displaced persons.

ANTONIO SALGADO (Brazil), also speaking on behalf of Argentina, Chile, Colombia, Costa Rica, El Salvador and Peru, stressed that no concerns of a financial or material nature should deter the international community from taking swift, effective, and generous action in Burundi, both to prevent further deterioration of the tragic situation and to spur rehabilitation and development. International assistance was urgently required to address the shortcomings of the Burundian judicial system and law-enforcement bodies, and action should immediately be taken to find a solution to the thousands of people held in custody without a prospect of being brought to trial within a reasonable time. The International Commission of Inquiry on Burundi should be given the resources it needed to carry out its important tasks.

LEONARD LISGAULT (Canada) said it was necessary to bear in mind Burundi's specific circumstances and not assume that what happened in Rwanda would necessarily repeat itself in Burundi. In recent weeks the situation had become somewhat calmer, but these relatively positive signs should not be taken to mean that a solution was imminent. The Commission should, among other things, call on the Government of Burundi to work for reform of political, educational, judicial and other public institutions to ensure that they represented all citizens; impunity for arbitrary arrest and detention, torture, extrajudicial, summary or arbitrary executions and cruel and inhuman treatment should be brought to an end. The Commission should insist that the armed forces and security forces respect international humanitarian law. In the end, Burundi's problems must be solved by Burundians -- solutions imposed by outsiders would be unsustainable.

YOSHIKI MINE (Japan) said the close international attention to the alarming situation in Burundi was as significant as providing direct

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assistance. The ongoing conflict between the two ethnic groups looked more and more like a smouldering civil war. The situation appeared to be a creeping genocide and Japan was deeply concerned that Burundi would develop into another Rwanda or worse. It was desirable to eliminate political disorder to improve human rights; promoting reconciliation, reconstructing the democratic process, and reforming the judicial system had to be given high priority. The primary responsibility for such activities remained with the people of Burundi, although the assistance of the international community also would be needed.

ALEXANDRE ORLOV (Russian Federation) said he was alarmed by the conclusions of the Special Rapporteur on Burundi. He called for timely action by the United Nations High Commissioner for Human Rights and the effective operation of the human rights observers in Burundi. The role played by the Organization of African Unity was also significant. All these undertakings constituted a substantial contribution to the efforts in the search for a peaceful end to the crisis in Burundi. The Commission of Inquiry could also contribute remedies to the problem of impunity when it could establish the truth concerning the violence committed in Burundi. For its part, the Russian Federation supported all efforts to consolidate national reconciliation and strengthen the democratic process in Burundi.

P. TORELLA DI ROMAGNANO (Italy), speaking on behalf the European Union as well as Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic, Czech Republic, Cyprus, and Malta, said the conflict in Burundi had been facilitated by traffic in arms. It was to be hoped that the authorities would be able to silence the incitement to hatred perpetrated by the media, and would be able to eliminate impunity for human-rights violations. All parties in Burundi should commit themselves to finding a solution which rested on power-sharing. The forces of order must place themselves at the disposal of democratic institutions; pluralism within the army and the security forces was essential as well as a clear division of responsibilities between them.

The European Union supported the proposal of the Special Rapporteur that the number of human rights observers to be sent to Burundi be increased, and urged Burundian authorities to approve the proposal as soon as possible, he said.

WALTER B. GYGER (Switzerland) said that despite some positive signs, the situation in Burundi was still of great concern. Both extremist groups continued to exploit the insecurity of the population for their own ends. More and more citizens and armed groups were holding sophisticated weapons, leading to numerous violations of international humanitarian law. The judiciary was not functioning properly; the behaviour of the security forces was also questionable -- arbitrary detention and arrest were frequently committed by those forces. The Government of Burundi must intensify efforts

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to find a negotiated solution. To ensure permanent, peaceful coexistence, the solution should focus on institutional and constitutional reforms. A climate of confidence could only be established if key posts were distributed proportionally among the large ethnic groups. Switzerland would continue to help.

Monsignor GIUSEPPE BERTELLO, observer of the Holy See, said the Commission could not confine itself solely to addressing long-standing, grave violations of human rights in Burundi; it should also consider the solidarity of the international community towards the people who were the primary victims. There was a close link between security, the exercise of equitable justice, and process of reconciliation. In giving support to peace initiatives the international community would give hope to Burundians. The Holy See would continue to make its contribution to helping refugees and the internally displaced. "Those working for peace" said Cardinal Etchegaray when he visited Burundi last year, "were far more numerous than those who sowed the seeds of discord and death...".

PETTER WILLE (Norway), said most of the violence was perpetrated by extremist groups actively trying to destabilize and undermine the Government. Norway strongly condemned those acts of violence, but also expressed concern over the methods used by elements within the army and the security forces to combat that violence. Counter-violence by the authorities would not bring a lasting solution. Dialogue and reconciliation were the only way to establish peace and respect for human rights. The Government of Burundi should intensify its efforts towards national reconciliation. It was vital for it to restore the confidence of the Burundian people, and to eliminate the state of fear and distrust that existed among much of the population. Norway had allocated in excess of $20 million for assistance to Burundi and Rwanda during 1996.

ERIC SOTTAS, of the World Organization Against Torture, said that in 1985 the Subcommission on Prevention of Discrimination and Protection of Minorities had adopted the text of a document which cited a number of cases of genocide, including mention of the massacre of Hutus by Tutsis in 1965 and 1972. One might think that a text of such weight might direct itself to concrete action in order to sanction the guilty and avoid recurrence of such atrocities. But nothing had been done in Burundi, and new massacres, perpetrated by the army and Tutsi militias, resulted in approximately 20,000, mostly Hutu, victims in 1988. A mission of inquiry in February 1994 found that there had been 31,436 victims of killings caused by the aborted coup d'etat. But the truth was closer to 50,000 deaths. The remarkable report by the Special Rapporteur had confirmed the precarious situation of human rights in Burundi. It was imperative to take effective action in order to put an end to impunity and find an institutional context which would facilitate dialogue between the different parties involved in the country's conflict.

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JACQUES VITTORI, of Pax Christi International, said Burundi had been moving towards a democratic system, as evidenced by the charter of national unity voted in a referendum of 1991, the Constitution voted in 1992, and the exemplary presidential election of 1993. However, a handful of armed forces could not tolerate that democratic process; their dissatisfaction had resulted in the assassination of the country's President. In Burundi, peace could only prevail if the army submitted itself to democracy and if it won the confidence of the population. A wide campaign of information and education was indispensable to protect the population in cases of armed conflicts, including the teachings of the Geneva Conventions.

ADAMA DIENG, of the International Commission of Jurists, said he shared the concern of the Special Rapporteur on Burundi and associated himself with his recommendation that the international community must speak with a single voice. The crisis had already lasted too long and during 1995 alone, approximately 15,000 persons, the majority of them women and children, had been massacred in Burundi. It was without a doubt the strategy of political players dwelling on fantasies and fears that had collectively mobilized the people. The International Commission of Jurists agreed that the Human Rights Commission must send observers, but to have real impact the security of those observers must be assured. He urged the Commission to do everything in its power to ensure that the international community endorsed the Special Rapporteur's report on Burundi as well as the report of the Special Rapporteur on extrajudicial, summary and arbitrary executions as it related to the situation in Burundi.

EVARIST MBUYA, of Amnesty International, said Burundi was rapidly moving towards civil war, characterized by widespread politically-motivated killings and ethnic segregation. The impunity enjoyed by government forces over the last three decades was largely the reason why widespread extrajudicial executions of unarmed civilians and captured combatants by the security forces continued. A large number of the victims were children, women and the aged. Amnesty International was convinced that impunity lay at the heart of Burundi's cycle of violence and the grave human rights situation, and that the judiciary should be central to the fight against that phenomenon. In Burundi, however, the Tutsi dominated judiciary was not impartial and did not have the confidence of the majority Hutu. People arrested by Government forces had "disappeared" in custody. Some of them had been subsequently confirmed dead. Amnesty International recommended that the Commission should exhort all Governments and intergovernmental organizations to ensure that any political settlement was underpinned by mechanisms to guarantee compliance with international human rights standards.

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