Situation of Human Rights in Burundi

A/HRC/RES/42/26No 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 2019.

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 Burundi Civil and Political Rights Commissions of Inquiry Elections Human Rights Human Rights Violations Internal Security

What does this mandate say?

25 operative paragraphs

Condemns in the strongest terms all persistent human rights violations and abuses in Burundi, particularly those involving extrajudicial killing, enforced disappearance, arbitrary arrest and detention, acts of torture and of other ill-treatment, all acts of violence, including sexual and gender-based violence, persecution directed against members of civil society, journalists and bloggers, members of the political opposition and demonstrators, and severe restrictions on the freedoms of expression, peaceful assembly and association and of movement, contributing to creating a climate of fear and intimidation among the population;

Urges the Government of Burundi to enable a safe and open environment that ensures the right to freedom of opinion and expression and is conducive to the holding of free, peaceful, credible, transparent and inclusive elections, in accordance with international law and standards, and to end the practice of non-voluntary and forced financial contributions to the organization of elections;

Calls upon all parties to the electoral process to refrain from acts of violence, harassment and intimidation in the run-up to the elections, and calls upon the authorities to invite international and national observers to monitor the entire electoral process, in support of a transparent process;

Urges the Government of Burundi to put an immediate end to all human rights violations and abuses, to respect, protect and fulfil all human rights and fundamental freedoms for all, including freedom of expression, movement, assembly and association, to promote the rule of law and good governance, to end impunity for sexual violence, to ensure the safety, physical integrity and protection of its population, while fully adhering to international human rights law and humanitarian law, and to ensure that those who commit unlawful acts of violence are held accountable and brought to justice;

Expresses grave concern at the findings of the Commission of Inquiry on Burundi, which documents persistent human rights violations and abuses committed by the Burundian national security forces, including the national intelligence service, the police and the Imbonerakure, the youth wing of the ruling party, in a persistent climate of widespread impunity, while providing reasonable grounds to believe that some human rights violations may constitute crimes against humanity, as first stated by the Commission of Inquiry in its report covering the events of 2015 and 2016, and reiterated in subsequent reports;

Expresses particular concern at accounts of sexual violence, including rape and gang rape of women and girls for purposes such as intimidation or punishment, associated with perceived political affiliation, as well as sexual violence against men, including genital torture;

Expresses particular concern at the increasing role and latitude granted to the Imbonerakure, which the Commission of Inquiry found was being used as an auxiliary or 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 committed 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 opened by the Government of Burundi have not yielded credible or tangible results, and reaffirms its call upon the Burundian authorities to conduct full, impartial, independent, effective and thorough investigations into all violations and abuses so that all perpetrators, regardless of their affiliation, are held to account before a court and all victims have 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, including with a view to substantially reducing the risks identified in the Commission’s most recent report, particularly in the electoral context, and to reconsider and revoke its decision to declare the three members of the Commission personae non gratae;

Strongly condemns all statements that incite discrimination, hate, violence or segregation against Burundian citizens, including civil society actors;

Expresses deep concern at the continued acts of intimidation and harassment against civil society and the arbitrary arrest, detention and criminalization of human rights defenders and civil society activists, and urges the Government of Burundi not to impose measures that restrict the capacity of non-governmental organizations to operate in a safe and enabling environment;

Welcomes the release of more than 3,000 prisoners benefiting from a presidential pardon, and calls upon the Government of Burundi to release all human rights defenders and other persons who have been arbitrarily arrested and are still being detained;

Urges the Government of Burundi to re-establish the conditions for all media outlets to resume their activities, free from harassment and intimidation and without undue interference, while expressing deep concern at the recent decisions of the Government to limit the activities of media houses, including the suspension measures against several local and international media outlets, threats and attacks against several media, and decisions that undermine the benefits of a free press and the creation of an environment conducive to free, transparent, credible and inclusive elections;

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 newly constituted Independent National Human Rights Commission complies fully with the principles relating to the status of national institutions for the promotion and protection of human right (the Paris Principles);

Notes the conduct of an investigation opened by the Prosecutor of the International Criminal Court in April 2016 and effective as of 25 October 2017 following the decision of the Pre-Trial Chamber, which considered that the supporting materials presented by the Prosecutor offered 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;

Urges the Government of Burundi to cooperate fully with the treaty bodies, to allow special procedure mandate holders to enter and visit the country, to engage constructively with the regional office of the Office of the United Nations High Commissioner for Human Rights, 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 calls upon the Government of Burundi to facilitate their effective work and movement in the country and to engage in negotiations with the African Union on a memorandum of understanding thereon;

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 active participation of women and involves all relevant stakeholders, including civil society representatives, from both inside and outside the country;

Expresses its deep concern at the difficult situation of Burundians who have fled the country, including of the nearly 350,000 Burundians who are currently settled in five neighbouring countries, underlines the importance of upholding the voluntary nature of return for refugees and of ensuring that conditions in Burundi are conducive for sustainable refugee returns, calls upon Governments in the region to ensure that those returns are voluntary, in accordance with existing international agreements signed with the Office of the United Nations High Commissioner for Refugees, based on informed decisions and in safety and dignity, and welcomes the efforts of neighbouring countries and the international community to provide humanitarian support and international protection to those persons;

Recommends that the General Assembly submit the report of the Commission of Inquiry on Burundi to the relevant United Nations bodies for their consideration and appropriate action, taking into account the relevant conclusions and recommendations of the Commission;

Decides to extend the mandate of the Commission of Inquiry on Burundi in order for it to deepen its investigations, including into respect for and observance of political, civil, economic and social rights in the electoral context, with particular reference to the economic underpinnings of the State, until it presents a final report to the Human Rights Council during an interactive dialogue at its forty-fifth session and to the General Assembly at its seventy-fifth session, and requests the Commission to present an oral briefing to the Council at its forty-third and forty-fourth 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 United Nations High Commissioner for Human Rights to provide all the resources necessary to the Commission of Inquiry to allow it to properly fulfil its mandate;

Decides to remain seized of the matter.

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