OHCHR IN BURUNDI Strengthening human rights protection and promoting inclusiveness
I. Background The Office of the United Nations High Commissioner for Human Rights in Burundi (OHCHR-Burundi) has a fullyfledged 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.
staff (National Officers and General Service staff).
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.
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.
At present, OHCHR-Burundi has one main office in Bujumbura and four provincial offices (Bujumbura rural, Gitega, Makamba and Ngozi). OHCHRBurundi employs 16 international staff (including one JPO, two UNVs and one international consultant), and 31 national
II. OHCHR Programme Priorities and the Burundi Context 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. Early warning and protection of human rights in situations of conflict, violence and insecurity; 2. Widening the democratic space; 3. Combating impunity and strengthening accountability and the rule of law; and 4. Strengthening the effectiveness of international human rights mechanisms and the progressive development of international human rights law and standards.
OHCHR-Burundi staff and the UN Resident Coordinator on Human Rights Day, 10th December 2015. Š OHCHR-Burundi
In 2015 and early 2016, the political crisis in Burundi had an increasingly dire impact on the human rights situation, OHCHR IN BURUNDI
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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.
notably with increasing arbitrary arrests and detention, enforced disappearances, extra-judicial killings, torture and illtreatment, 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.
III. Key achievements – January 2015 to June 2016 • Early warning, monitoring and reporting OHCHR-Burundi’s monitoring, reporting and advocacy activities, in the capital and in the regions, have been essential
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 election period, 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.
Round-table held during the visit of the High Commissioner for Human Rights, April 2015. © OHCHR-Burundi
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STRENGTHENING HUMAN RIGHTS PROTECTION AND PROMOTING INCLUSIVENESS
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 prisoners, including numerous children over the period.
The President of the Burundi TRC (left) and his peer from Togo (right) during a study tour to Togo supported by OHCHR-Burundi, July 2015 Š OHCHR-Burundi
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. 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). 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
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.
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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.
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 staffs interviewing a victim of torture. Š OHCHR-Burundi
• Technical co-operation The Burundi Office maintained good working relations with national actors in the country, whose requests for technical cooperation continuously increased in 2015 and the first half of 2016. OHCHR-Burundi has received official requests for technical assistance from national and provincial authorities, the National Independent Human
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Rights Commission, the Truth and Reconciliation Commission (TRC), the Office of the Ombudsman, local and international NGOs, and the United Nations Country Team (UNCT). 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,
STRENGTHENING HUMAN RIGHTS PROTECTION AND PROMOTING INCLUSIVENESS
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.
implementation of a presidential pardon signed on 24 February 2016 following the visit of the UN Secretary-General. However, arbitrary arrests and detention, torture and ill treatment, and enforced disappearances continue to be regularly reported. The current political crisis has raised numerous protection concerns. Many citizens claim to have lost confidence in national institutions to guarantee their safety and have fled the country. Political opponents, human rights defenders and journalists who have remained in Burundi, live in fear as they face harassment and threats. The proliferation of attacks by armed groups opposed to the Government is exacerbating the situation and warrants continuous attention. Members of the National Network of Human Rights Observers supported by the PBF Š OHCHR-Burundi
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.
IV. Challenges and Priorities for the Next Biennium Human rights violations and abuses continue unabated in Burundi. Over 1370 prisoners were released in
As a result, in 2016 and 2017, OHCHRBurundi plans to continue prioritising its activities on early warning and protection of victims and witnesses.
• ďƒ˜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
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the 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. Over the coming months, OHCHRBurundi aims at re-establishing the mobile court system in an effort to reduce prison overcrowding and long periods of pre-trial 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 Briefing the diplomatic community on the human rights situation in Burundi. © OHCHR-Burundi
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 8
Observers.
• Protection of victims and witnesses Presently, there is no functioning human rights protection mechanism in Burundi. OHCHR-Burundi has been using its limited resources to provide some protection to those at risk, notably by increasing its visibility in areas where civilians are most affected. Recently, there has been an increase in
STRENGTHENING HUMAN RIGHTS PROTECTION AND PROMOTING INCLUSIVENESS
In view of Burundi’s ratification of the Optional Protocol to the UN Convention against Torture, OHCHR-Burundi works with the Burundian authorities towards the establishment of a National Preventive Mechanism (NPM), as required under this treaty. OHCHR-Burundi also aims at providing protection measures for victims and witnesses of human rights violations, and human rights defenders, and their families, at imminent risk of violence
V. Initial funding requirements
In the context of Burundi, human resources capacity has proved essential to monitor the human rights situation both in Bujumbura and in the provinces, provide time-sensitive information to national and international partners, prevent imminent or potential human rights violations, and engage in advocacy and technical cooperation activities with the government. OHCHR Burundi total expenditures in 2015 amounted to USD 1,267,660. In 2015, OHCHR-Burundi received financial support from Belgium, Germany, Japan, the United States of America and the Peace Building Fund (PBF). In 2016, OHCHR-Burundi received contributions from PBF, the UN Central Emergency Response Fund (CERF), Germany, USA and Canada, notably to implement protection activities and strengthen its field monitoring. France also seconded gratis staff to OHCHRBurundi In 2017, the estimated requirements of the office amount to USD 4,247,432, to maintain the same level of activities, including the same monitoring, reporting and early warning capacities. Belgium has already committed USD 500.000 EURO towards this amount.
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Our Contacts Bujumbura: 16 avenue de Makamba, Rohero II, Gitega: Quartier Kirimiro, Commune Gitega - 71 303 064 /76 059 878 Makamba: Quartier Kigwati - 71 523 013/77 740 525/76 277 060 Ngozi: Bâtiment Star, Quartier Muremera, N°06-719 RN6 77 764 793/71 408 433/76 851 500 71 360 076 / 22 21 48 80 burundi@ohchr.org www.ohchr.org/EN/countries/AfricaRegion/Pages/BIIndexaspx www.facebook.com/OHCHRBurundi