UNITED NATIONS HUMAN RIGHTS WORK IN BURUNDI IN 2017
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STAND UP FOR SOMEONE’S RIGHTS TOD AY
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OHCHR Programme Priorities and the Burundi Context II
I Background
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HE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER for Human Rights in Burundi (OHCHR-Burundi) has a fully-fledged mandate to promote and protect human rights, which it implements through monitoring and reporting on the human rights situation, advocacy, technical cooperation with national stakeholders and protection activities in the country. The Country Office was established in Burundi in 1995. For several years, OHCHR-Burundi was integrated within United Nations missions. After the closure of the UN mission BNUB, OHCHR resumed as a country office on 1 January 2015, based on the Agreement signed with the Government in 1995.
Following the adoption of OHCHR’s Management Plan for 2014-2017 and as per its agreed result-based framework, the Office focuses on the four thematic priorities listed below: 1. 2. 3. 4.
Early warning and protection of human rights in situations of conflict, violence and insecurity; Widening the democratic space; Combating impunity and strengthening accountability and the rule of law; and Strengthening the effectiveness of international human rights mechanisms and the progressive development of international human rights law and standards.
At present, OHCHR-Burundi has one main office in Bujumbura and four provincial offices (Bujumbura rural, Gitega, Makamba and Ngozi). OHCHRBurundi employs 13 international staff (including one UNV), and 31 national staff (National Officers and General Service staff). OHCHR-Burundi works in close partnership with the African Union, the International Conference for the Great Lake Region, the East African Community, the European Union and United Nations entities.
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Visit of a prison in Bururi
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In 2015 and 2016, the political crisis in Burundi had an increasingly dire impact on the human rights situation, notably with increasing arbitrary arrests and detention, enforced disappearances, extra-judicial killings, torture and ill-treatment, and sexual and gender-based violence. Restrictions to public freedoms, in particular freedoms of expression, association, assembly and movement, were also observed during the period. As a result, OHCHR-Burundi readjusted its programmes throughout the period to adapt to the evolving situation and strengthened its focus on the first thematic priority: monitoring and reporting, early warning and protection. However, since October 2016, the Government of Burundi has suspended cooperation with OHCHR-Burundi following the release of the report of the United Nations Independent Investigation on Burundi. The OHCHR Burundi office, both in Bujumbura and in the regions, continues to undertake monitoring and reporting activities, however, most often through secondary sources rather than first-hand information and field visits.
Key achievements –2015 -2016 III
Early warning, monitoring and reporting OHCHR-Burundi’s monitoring, reporting and advocacy activities, in the capital and in the regions, have been essential in informing local, national and international partners on the situation of human rights, and preventing imminent or potential human rights violations, notably since the 2015 elections.
Due to security considerations, protection concerns for victims and witnesses, and in order to avoid any misunderstanding with Government officials, Human Rights Officers are maintaining a low profile. Cooperation with civil society also continues, including within the context of the Network of National Human Rights Observers established under the PBF III project. Protection activities are continuing, including judicial, psychological and medical assistance, as well as internal relocation. Similarly, since August 2016, OHCHR has supported the organisation of mobile courts throughout the country. Most of the projects in support of the Truth and Reconciliation Commission, however, have been postponed.
Joint Monitoring with African Union Human Rights Observers
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Preventing violence during elections and beyond
Ahead of the presidential elections, on 15 April 2015, and during the High Commissioner (HC)’s visit to the country (12-15 April 2015), a round table on human rights and elections was organised in cooperation with the National Human Rights Commission and the International Conference for the Great Lakes Region (ICGLR). More than 100 representatives from all sectors participated, including the UN system, diplomatic corps, state officials, civil society organisations (CSOs) and the media.
Within the context of the deteriorating situation, OHCHR-Burundi has monitored and reported on human rights violations with a focus on reprisals against journalists, human rights defenders, political opponents, detainees, internally displaced persons (IDPs) and civilians living in perceived opposition neighbourhoods (see box below). OHCHR-Burundi has also regularly visited detention centres to monitor the application of international and national standards including on the treatment of detainees and the use of torture; the legality of detention; the conditions of detention, notably overcrowding and access to food, hygiene and health care; and the separation of women and juveniles. These visits proved essential in identifying violations of detention standards, and enabled the Office to engage with law enforcement and penitentiary personnel on these issues. This engagement led to the release of over 2,000
OHCHR-Burundi also prepared a guide for the monitoring of human rights during electoral periods in consultation with CSOs, which was distributed in electronic format prior to the 2015 elections. During the 2015 election, OHCHR deployed a mobile team of human rights observers to reinforce OHCHR-Burundi’s Monitoring Unit and widen its territorial coverage. In addition, OHCHR-Burundi established a “situation room” with two hotlines (one for Kirundi and Swahili; the other for French and English), which enabled citizens to report human rights violations occurring in the electoral context. These monitoring and prevention activities allowed the office to increase its early warning and response capacity by providing real time information on local developments and initiating remedial actions.
Joint Monitoring with African Union Human Rights Observers
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prisoners, including numerous children over the period. Beginning of August 2015, the African Union started deploying Human Rights Observers to Burundi to monitor and report on the human rights situation. Since February 2016, their number has reached 32. OHCHR-Burundi has trained these observers and conducted joint monitoring missions in the provinces and to refugee camps. This increased collaboration and coordination has enabled stronger advocacy messages regarding human rights in Burundi. OHCHR-Burundi implemented a Peace Building Fund project for the establishment and operationalization of the National Network of Human Rights Observers, which was finalised in May 2015. OHCHR-Burundi trained over 50 observers and conducted joint monitoring missions with them. Despite the difficult political and security context, some members of the network have continued to monitor and report on the human rights situation, notably in remote areas.
Technical cooperation The Burundi Office maintained good working relations with national actors in the country, whose requests for technical cooperation continuously increased in 2015 and 2016. OHCHR-Burundi has received official requests for technical assistance from national and provincial authorities, the National Independent Human Rights Commission, the Truth and Reconciliation Commission (TRC), the Office of the Ombudsman, local and international NGOs, and the United Nations Country Team (UNCT).
Supporting the Truth and Reconciliation Commission
OHCHR-Burundi played a prominent role in the establishment and work of the TRC created under the Arusha Peace Accords (2005) and formally established on 10 December 2014. OHCHR-Burundi advocated with the Government for the adoption of a law on the protection of victims and witnesses which is a legal requirement for the TRC to start substantive activities, including receiving complaints and investigating allegations of human rights violations. The law was enacted on 20 April 2016. OHCHR-Burundi serves as the coordinating body for technical assistance to the institution and the Office has been playing this role in consultation with other interested donors and partners. In this context, the Office prioritised the establishment of an international advisory committee, public awareness and sensitisation campaigns as well as capacity building for members and staff of the TRC on human rights investigations and protection mechanisms. The TRC began its public awareness campaign in March 2015.
Technical cooperation has included the drafting and review of legal instruments; the development of policies and mechanisms, including on transitional justice (see box below); and capacity building of members of the TRC, the National Human Rights Commission, the Permanent Committee on Treaty Body Reporting, and judicial personnel. In addition, the UNCT requested information sessions on applying a human rights based approach to programming.
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Training of the Standing Committee for the preparation of reports
Moreover, OHCHR-Burundi advocated for the establishment of a permanent committee to assist the Government in responding to its international obligations with respect to reporting to the international human rights treaty bodies and follow-up on their recommendations. On 8 April 2015, the decree appointing the members of the permanent committee was adopted. Since then, OHCHR-Burundi has been providing technical assistance to the members of the committee to strengthen their capacity on international human rights standards.
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The OHCDH-B accompanies the TRC in the mobilization of resources necessary for the operational phase of its activities
IV Our work impacts on lives
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There is a compelling linkage between peace, economic growth and a conducive institutional and regulatory framework that enables it become sustainable. The linkages between economic prosperity and democratic space are clearly established in the 16th Sustainable Development Goal (SDG) and implicit in all the other SDGs. For example there can be no renewal of the work force if the right to education (SDG 4) is at jeopardy on political ground. As a result, in 2017, OHCHR-Burundi plans to contribute to sustainable peace and development, in the framework of the 2030 agenda for sustainable development by strengthening human rights protection and widening the democratic space.
Early warning OHCHR-Burundi is the main entity present throughout the country with a mandate to monitor and report on the human rights situation. OHCHRBurundi is in the process of beefing up its personnel, primarily to reinforce its monitoring, reporting and analysis capacity, notably in the provinces. This will include interviewing victims, witnesses and civil society members and visiting detention centres. OHCHR-Burundi will continue to inform national and international stakeholders on the evolution of the human rights situation and the findings of its monitoring and investigation activities in Bujumbura and the provinces. OHCHR-Burundi will also strengthen its collaboration with the AU Human Rights Observers.
Protection of victims and witnesses OHCHR continues to recieve demand for protection by witnesses and victims of human rights violations, human rights defenders and journalists, due to targeted killings, arrests and detention, torture and the curtailment of the freedoms of expression and association. In 2016, OHCHR was able to secure the release of over 2.000 detainees through advocacy and trial observations. 2017, OHCHR will continue its partnership with the judicial authorities through the mobile court system in an effort to further reduce prison overcrowding and long periods of pre-trial
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OHCHR-B supports campaigns to promote the rights of marginalized groups across the country
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detention, particularly for those detained in the context of the political crisis. This will include working with local lawyers to ensure that plaintiffs receive legal assistance, and providing post-traumatic assistance to victims of violence. OHCHR-Burundi also aims at promoting the nexus between human rights protection, widening the democratic space (with an emphasis on civil society and the media) and the promotion of economic, social and cultural rights.
Meeting between OHCHR-B and its partners in Bujumbura
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OUR ACHIEVEMENTS IN 2016: FACTS & FIGURES With support, we can undertake strong preventive work, including for early warning and the prevention of hatred, xenophobia and violence. We can promote a broadening of inclusive democratic space; advance sound migration governance; and give strong support to the grounding of the 2030 Sustainable Development Agenda in human rights.
Together and thanks to your support, we were able the save lives of many and improve that of others in 2016. Here a few facts and figures.
218 government official including staff of the centres for family and community development, trained in human rights protection and promotion at community level
2500 Burundian youth from all walks of life, religious and ethnic groups took part in the Amahoro Ego campaign for human rights and peace during the summer holiday
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member of the inter-ministerial community on treaty reporting and follow-up the Universal Period Review benefit from technical and financial support
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national human rights observers from the10 most vibrant NGOs and forming a national network trained and deployed to the 18 provinces of the country
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600 visit to detention centres including SNR and prisons 11 members of the Truth and Reconciliation Commission benefit from technical support 150 trials observed
2700 protection cases handled 23 member of the inter-ministerial community on treaty reporting and follow-up the Universal Period Review benefit from technical and financial support 20 Joint field missions with the Observers of the African Union
1000 detainees freed thanks to cooperation with Burundian authorities 820 other detainees freed following presidential pardon, including 47 political detainees 350 cases of torture and ill treatment handled
30 briefing sessions with members of the diplomatic community 12 in multilateral formula, on means to assist Burundi meet its human rights protection and promotion obligations 627 field missions in the 18 provinces of Burundi; 20 of them jointly with African Union Human Rights Observers 45 African Union Human Rights Observors trained in human rights monitoring, reporting and advocacy
7 capacity building activities benefiting 259 including 71 women (27%) 8 civil society organisations including those working for the rights of persons living with albinism or disabilities benefited from OHCHR technical and financial support
150 trials observed 350 cases of torture and ill treatment handled 6 video documentaries on human rights, access to land, women in prison, person living with albinism and youth
27 staff member of the National Independent Human Rights Commission trained
309 daily reports on the human rights situation in Burundi 43 weekly analytical reports 70 weekly reports 19 monthly reports 1 annual report produced by the network of national human rights observers
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12,000 copies of human rights publications and promotional materials in French and Kirundi distributed through the 18 provinces through OHCHR’s 4 sub-regional offices 9 monthly reports on the human rights situation in Burundi
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IN 2017, YOUR SUPPORT AND INVOLVEMENT WILL STILL BE NEEDED.
STAND UP FOR SOMEONE’S RIGHTS TOD AY
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