Situation of Human Rights in Burundi

A/HRC/RES/39/14No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 4Human rights situations that require the Council's attention, published in 2018.

What other versions does this mandate have?

9 versions · 2016–2025

This is an older version — the most recent is A/HRC/RES/60/15

2025A/HRC/RES/60/15Situation of human rights in BurundiLatestCompare with previous version
2024A/HRC/RES/57/22Situation of human rights in BurundiCompare with previous version
2023A/HRC/RES/54/20Situation of human rights in BurundiCompare with previous version
2022A/HRC/RES/51/28Situation of human rights in BurundiCompare with previous version
2021A/HRC/RES/48/16Situation of human rights in BurundiCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

8 topics

Accountability Administration of Justice Burundi Commissions of Inquiry Human Rights Human Rights Violations Internal Security International Cooperation

What does this mandate say?

25 operative paragraphs

Condemns in the strongest terms all acts of violence committed in Burundi by all parties or individuals, including the appalling attack against civilians perpetrated in Ruhagarika on 11 May 2018, and expresses deep concern at the continuously worrying human rights and humanitarian situation in Burundi, which particularly affects women and children;

Strongly condemns all human rights violations and abuses that persist in Burundi, particularly those involving extrajudicial killing, enforced disappearance, arbitrary arrest and detention, cases of torture, and other ill-treatment, sexual or gender-based violence, persecution of members of civil society, journalists and bloggers, members of the political opposition and demonstrators, and restrictions on the freedoms of expression, peaceful assembly and association, contributing to a climate of intimidation among the population;

Expresses grave concern at the findings of the Commission of Inquiry on Burundi with regard to the increased number of human rights violations and abuses committed by the Burundian defence and security forces, including the national intelligence service, the police and the armed forces and the Imbonerakure, the youth wing of the ruling party, in a climate of widespread impunity, while providing reasonable grounds to believe that some human rights violations may constitute crimes against humanity, as first found by the Commission of Inquiry with regard to the events of 2015 and 2016 in its report;4

Expresses particular concern at the growing role of the Imbonerakure, which the Commission of Inquiry found was being used as a substitute for law enforcement, particularly in the interior of the country, and in this context notes the possible responsibility of the Government of Burundi for the wrongful acts by the Imbonerakure;

Condemns the practice of widespread impunity for all human rights violations and abuses and related crimes, while noting that the few investigations launched by the Government of Burundi have not yielded any credible or tangible results, and reaffirms its call upon the Burundian authorities to conduct full, impartial, independent, effective and thorough investigations into serious violations and abuses of human rights so that all perpetrators, regardless of their affiliation, are held to account before a court and all victims are allowed access to effective remedy and adequate reparation;

Strongly urges the Government of Burundi to give due consideration to the recommendations made by the Commission of Inquiry in its reports, and to implement them as appropriate;

Strongly condemns all statements made inside and outside the country that incite to discrimination, hate, violence or segregation against Burundian citizens, including civil society actors;

Expresses concern at the deregistration and continued suspension of a number of civil society organizations and political groups in Burundi, and at the intimidation, harassment, arbitrary arrest and criminalization of human rights defenders, most of whom have been forced into exile, and urges the Government of Burundi to ensure a safe and enabling operating environment for human rights defenders and civil society organizations to permit all media outlets to resume their activities free from harassment, intimidation or bullying, and to release all human rights defenders who have been arbitrarily sentenced;

Welcomes the announcement made by Burundian authorities earlier in 2018 of the release of more than 2,000 prisoners following the presidential pardon granted on 31 December 2017, and calls upon the Government of Burundi to release all those who have been arbitrarily arrested and are still being detained;

Urges the Government of Burundi to put an immediate end to all human rights violations and abuses to ensure the safety, physical integrity and protection of its population, while fully adhering to international human rights and humanitarian law, to respect, protect and fulfil all human rights and fundamental freedoms for all, including freedom of expression, to promote the rule of law and to ensure accountability for those who have committed unlawful acts of violence;

Calls upon the Government of Burundi to follow up on and implement the recommendations accepted by the State in the context of its universal periodic review on 18 January 2018 and at its two previous reviews and to, inter alia, take the measures necessary to ensure that the Independent National Human Rights Commission fully complies with the Paris Principles;

Notes the opening in April 2016 by the Prosecutor of the International Criminal Court of an investigation effective as of 25 October 2017 following the finding made by the Pre-Trial Chamber that the supporting materials presented by the Prosecutor constituted a reasonable basis to proceed with an investigation in relation to crimes against humanity allegedly committed since at least 26 April 2015 by State agents and other groups, such as the Imbonerakure, implementing State policies, and stresses the relevance of the findings and the evidence collected by the Commission of Inquiry to international accountability mechanisms;

Calls upon the Government of Burundi to cooperate fully with the International Criminal Court in relation to the investigation that was authorized and initiated before the withdrawal of Burundi from the Rome Statute came into force;

Deplores the continued suspension of cooperation with the Office of the United Nations High Commissioner for Human Rights, underlines the need to enable the Office of the High Commissioner to fulfil its mandate and to resume its activities, including its monitoring and reporting functions, with full access to persons and locations, and urges the Government of Burundi promptly to finalize the agreement with the Office without undue conditions or further delays;

Urges the Government of Burundi to cooperate fully with the treaty bodies, to allow special procedure mandate holders to visit the country and to stop any reprisal against human rights defenders who are cooperating with international human rights mechanisms, including the Human Rights Council;

Welcomes the work of the African Union human rights observers in Burundi and reiterates its urgent call upon the Government of Burundi to sign without further delay the memorandum of understanding with the African Union, which will allow the human rights observers and military experts of the African Union to operate fully in the country in fulfilment of their mandated responsibilities;

Recalls that all States Members of the Human Rights Council should uphold the highest standards in the promotion and protection of human rights and fundamental freedoms, notes the importance of cooperation with international and regional human rights mechanisms as part of those efforts, and deplores the lack of respect shown by the Government of Burundi for those standards;

Encourages the Government of Burundi to cooperate, without preconditions, with the regionally led mediation efforts to create conditions for an inclusive and genuine inter-Burundian dialogue that ensures the participation of women and involves all relevant stakeholders, including civil society representatives, from both inside and outside the country;

Calls upon the Burundian authorities to ensure equitable political processes and to enable a safe and open environment that is conducive to the holding of inclusive and transparent democratic elections in accordance with international democratic standards;

Expresses its deep concern at the difficult situation of Burundians who have fled the country, including of the nearly 400,000 Burundians who are currently settled in five neighbouring countries, underlines the importance of upholding the voluntary nature of return, calls upon Governments in the region to continue their efforts with a view to ensuring that those returns are voluntary, based on informed decisions and in safety and dignity, and welcomes the efforts of neighbouring countries and the international community to provide humanitarian support to those persons;

Requests the Commission of Inquiry on Burundi to share its report3 and recommendations with the African Union and all relevant organs of the United Nations for their consideration;

Decides to extend the mandate of the Commission of Inquiry on Burundi in order for it to deepen its investigations until it presents a final report to the Human Rights Council during an interactive dialogue at its forty-second session and to the General Assembly at its seventy-fourth session, and requests the Commission to present an oral briefing to the Council at its fortieth and forty-first sessions during an interactive dialogue;

Urges the Government of Burundi to cooperate fully with the Commission of Inquiry, to authorize it to conduct country visits and to provide it with all the information necessary to properly fulfil its mandate;

Requests the Office of the High Commissioner to provide all the resources necessary to the Commission of Inquiry to allow it to fulfil its mandate properly;

Decides to remain seized of the matter.

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