Agathon Rwasa

Gatumba, four years on: Empty words from the international community?

2008-08-20T23:29:00.000-07:00

The following quotes give something of an overview of the international outrage generated by the Gatumba massacre in the days and weeks that followed:

The United States condemns in the strongest possible terms the attack that took place on Gatumba refugee camp in Burundi on August 13, 2004. Armed elements, including the National Liberation Front of the Party for the Liberation of the Hutu People, participated in this vicious attack on an already vulnerable population of refugees, many of them women and children. We extend our condolences to the families of the victims and to the Congolese government and people.

The United States strongly supports the initiative of the UN Security Council to quickly investigate the massacre. We call on the authorities of Burundi and the Democratic Republic of Congo to cooperate in identifying the perpetrators and in bringing them to justice.
- US State Department, August 16 2004

It is with horror and great indignation that the European Union has learned of the attack perpetrated in the evening of Friday 13 August on a refugee camp in Burundi... In line with the measures already announced by Burundian President Ndayizeye, the Presidency of the European Union expects that every effort will be made to establish the identity of the perpetrators of this cowardly and despicable attack, to arrest them and bring them to trial.
Presidency of the European Union, August 15 2004

The Security Council calls upon the authorities of Burundi and of the Democratic Republic of the Congo to cooperate actively so that the perpetrators and those responsible for these crimes be brought to justice without delay.
- United Nations Security Council, August 15 2004

France condemns with the utmost firmness the terrible massacre of Congolese refugees that occurred in Gatumba, on Burundi’s territory.

It is currently in close contact with its Security Council partners. The facts must be established without delay so that these crimes do not go unpunished.
- French Ministry of Foreign Affairs, August 16 2004

Foreign Office Minister, Dr Denis MacShane, today condemned the killing of 130 people during a raid on the Gatumba camp in Burundi, which is sheltering refugees from the Democratic Republic of Congo.
-United Kingdom Foreign and Commonwealth Office, August 14 2004

The people who committed this terrible crime must be out of their heads. They are really terrorists... I condemn very strongly what they did. They should be arrested as soon as possible, they should be brought to court.
- Agnes van Ardenne, Netherlands Minister For Development Co-operation, August 22 2004

Protecting refugees and displaced persons is a fundamental principle - and no cause or ideology can justify attacking such vulnerable, weakened groups. Consequently it is vital that every attempt be made to shed light on who was responsible for this act so that the perpetrators can be brought to justice.
- Karel de Gucht, Belgian Minister of Foreign Affairs, August 15 2004

The only fault of the dead was that they were Banyamulenge. A mindless and criminal hatred drove the killers to carry out an unpardonable crime against humanity. What they hated was the fact that the Banyamulenge were Banyamulenge. The murderers viewed the mere fact that the Banyamulenge exist as human beings as unacceptable.

They therefore took it upon themselves to commit cold-blooded murder, to ensure that the Banyamulenge cease to exist. Led by Adolf Hitler, the Nazis had taken the same decision with regard to the Jewish people, and systematically embarked on the Holocaust intended to annihilate an entire people.

Half-a-century later, other criminals, this time on our continent, carried out a genocide that claimed the lives of a million Rwandans in a mere 100 days. Hitler's African successors argued that the Tutsis of Rwanda, ethnically related to the Banyamulenge of the DRC, were "cockroaches" that did not deserve to live and therefore had to be exterminated.
- Thabo Mbeki, South African President, August 20 2004

It is not only terrorism within one state which has to be the concern of the international community as a whole, but other conflicts too. The situation in Darfur, in the Sudan, from where I returned last week, demands action both because it is a human tragedy, and because it affects the whole region through the spread of instability and the movement of refugees. And in Gatumba, in Burundi, the horrific massacre a few weeks ago underlines the continuing potential of that conflict to destabilise the Great Lakes, and the challenges which the UN force there has to face.
- Jack Straw, United Kingdom Foreign Secretary, September 3 2004

It is essential that the killings of more than 150 Congolese refugees in Burundi are the subject of an independent impartial investigation, the findings of which should be made public and acted upon so that the perpetrators can be brought to justice...

The international community should do its utmost to ensure that past and present human rights abuses are investigated and that the perpetrators, whoever they are, are brought to justice. Sacrificing justice for short term political expediency will only prolong the region’s terrible human rights crisis and plays into the hands of the many protagonists who have no wish to see the truth, and justice, emerge.
- Amnesty International, August 17 2004

Dakar, Senegal (PANA) - The African Human Rights Rally (RADDHO) has qualified as "crime against humanity" the massacre of Congolese refugees last Friday in Gatumba, Burundi.According to the Dakar-based NGO, the killing of some 170 people in a transit camp hosting Congolese refugees and claimed by the National Liberation Front (FNL) represents "a crime against humanity jeopardising the peace processes in Burundi and DR Congo."
- Panafrican News Agency, August 17 2004

The Gatumba massacre was a direct attack on civilians in violation of international humanitarian law (the laws of war) for which all those responsible must be fully prosecuted. The Burundian government has issued arrest warrants for two leaders of the FNL, a promising first step that must be followed by the actual arrest and prosecution of the perpetrators.
- Human Rights Watch, September 2004

...our position on the FNL remains unchanged. FNL leaders responsible for crimes against humanity and human rights violations must be brought to justice. We will continue to resist any moves to grant Rwasa or other FNL leaders immunity. We have made our position on this clear to EU partners and participants in the Regional Peace Initiative (group of African states including South Africa, Uganda and Tanzania) on many occasions. We are clear that breaking the culture of impunity in the region is key to peace in the Great Lakes. The FNL and other groups must be sent a signal that they cannot negotiate immunity.

If and when Rwasa and other FNL leaders return to Burundi we will push strongly for the Burundian authorities to try them as soon as possible for the crimes of which they have been accused or admitted responsibility for (such as the massacre in Gatumba in August 2004).
- British Foreign Office official, 6 May 2005

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Burundi, human rights, Current Affairs, Politics, Africa

Gatumba - support the survivor's call for justice!

2008-08-20T23:21:00.000-07:00

I'm still reeling from last weekend's meeting to commemorate the 4th anniversary of the Gatumba massacre. It was more brutal and harrowing than I think any of us expected. The organisers showed video footage taken from the scene just a few hours after the attack, and it was by a long stretch the most shocking piece of film I'd ever seen.

More or less unedited, and mercilessly graphic, the film is largely silent except for the sobbing of the dazed survivors, which can be heard constantly in the background. The smoke still rises from the charred bodies and burned-out tents as the cameraman makes his way around the remains of the refugee camp, meticulously documenting the scene. As the film goes on, we see various Burundian dignitaries arriving, trying to look as if they have some kind of control over the situation, while soldiers and UN peacekeepers wander aimlessly around the remains of the camp. But the look on everyone's faces is one of dazed, incredulous horror.

The extremist group Palipehutu-FNL, which claimed responsibility for the attack, continues to assert, in the face of all the evidence, that Gatumba was not in fact a UNHCR refugee camp, but a military base. I think there is something almost Orwellian in the psychology of that claim.

This film - which I didn't even know existed until the moment it was shown to me – answers it more eloquently and comprehensively than words ever could.

Watching the film with us was Janvier Mudagiri, one of the survivors of the Gatumba attack. The Foreign Office had, at the last minute, denied him a visa to travel to the UK from the Netherlands, where he now has permanent residency. I, along with several of the organisers, had spent much of last Thursday trying to persuade them to change their minds - never expecting that they would – before the decision was unexpectedly reversed. Another small testament to the power of campaigning, I suppose, but it seemed like an unnecessary piece of bureaucratic cruelty. We were less lucky with Janvier's fellow survivor, Dorkasi Nankumi, who is now based in Finland, and whose visa refusal we were unable to overturn.

Coming after the film, Janvier's account was almost too much. In chilling detail, he recounted how the attack had unfolded, and reminded us that five of the Gatumba survivors had subsequently died from their injuries in hospital, bringing the final death toll to 165, while many others continued to live with crippling physical injuries.

The circumstances of Saturday's event were made all the more cruel by the fact that the Palipehutu-FNL had, just the day before, renewed their demand for immunity from prosecution and significant political power (without, naturally, the formality of having to be elected) as the price for ending their campaign of war crimes, and crimes against humanity. On Friday, Agence France Presse reported that the group was demanding "one of the two vice-presidencies and 13 out of the government's 26 ministries, including the interior, foreign affairs, defence, finance, planning, justice, agriculture, education, health, trade, labour and energy portfolios".

It's hard to see how acceding to such demands would help to advance peace, democracy or human rights in Burundi. Those who have lost loved ones at the hands of Palipehutu-FNL are particularly hurt that some elements of the international community now appear to be pressurising Burundi's elected (and Hutu-led) government to make just such a concession. It's difficult to think of a clearer illustration of the cycle of impunity in the Great Lakes region of Central Africa – and the extent to which the international community is all too often directly complicit.

Speaking at Saturday's event, Janvier Mudagiri called on the international community to ensure that those who carried out the Gatumba attack are brought to book for what they have done, and that justice is done for the victims of Gatumba.

Both the European Union and the UK government strongly condemned Gatumba at the time, and called for justice. Both also exert significant leverage in the region – and international pressure for human rights improvements has been shown to work in the past. If you would like to support Janvier's call, please write to your MP or MEP about the Gatumba case, and urge them to call on the UK government and European Union to use their leverage to persuade the Burundi government to refer Gatumba to the International Criminal Court.

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Burundi, human rights, Current Affairs, Politics, Africa

Another victory for South African diplomacy - with African Union support, unelected Hutu-extremists demand every key government ministry in Burundi

2008-08-16T00:18:00.000-07:00

Hot on the heels of the African Union's bullying demand that the elected Burundian government enters into a powersharing deal with the unelected extremist group Palipehutu-FNL, South African diplomacy has delivered yet another edifying development. As the price for supposedly ending his ongoing campaign of war crimes and crimes against humanity, the FNL leader Agathon Rwasa has demanded that he be given control of every key government ministry, both Vice Presidencies, ten key Ambassadorial posts and over half the provincial governorships across the country. Four years and three days on from the FNL's brutal massacre at Gatumba, this would place the group in pole position to finish the genocide that was started in Rwanda in 1994, and continued across Burundi and in the DRC throughout the 1990s.

Presumably we can now expect another African Union press release, lobbying for an elected government to accede, in the name of 'peace', to the demands of Burundi's answer to the Khmer Rouge. Great job, South Africa!

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Burundi, human rights, Current Affairs, Politics, Africa,
South Africa,
Tanzania,
African Union

Breaking the international silence over the Gatumba massacre

2008-08-14T00:10:00.000-07:00

Four years ago this week – on Friday 13th, as it happens – more than 150 people, half of them children, were shot, hacked, and burned to death at the Gatumba refugee camp in Burundi. The victims, supposedly under UNHCR protection, were almost all Banyamulenge Congolese Tutsis, singled out by their attackers, who left non-Tutsi refugees in the camp unharmed. Here is Thabo Mbeki's account of what happened:

The killers came in the dark of night. They attacked a Burundi army camp located nearby, charged with the responsibility to protect the refugees. This was to stop these soldiers intervening as the murderers did their dirty work of murdering in cold blood well over 150 children, women and men as they slept.

The killers came in the night and hacked to death perfectly innocent people who were already suffering because violent conflict in their country had turned them into refugees. They poured petrol on the shacks in which the people lived and set them alight. Many of the bodies were burnt beyond recognition. Those who tried to run away were shot down in cold blood.

With cold and deliberate intent, they did not touch even one of the other refugees who stayed in other shacks a mere few metres away, but belonged to other Congolese ethnic groups.

The only fault of the dead was that they were Banyamulenge. A mindless and criminal hatred drove the killers to carry out an unpardonable crime against humanity. What they hated was the fact that the Banyamulenge were Banyamulenge. The murderers viewed the mere fact that the Banyamulenge exist as human beings as unacceptable.

They therefore took it upon themselves to commit cold-blooded murder, to ensure that the Banyamulenge cease to exist…

Mbeki goes on to talk about the group that claimed responsibility for the attack:

There is an armed group in Burundi called the Palipehutu-FNL. This group, whose leader passionately presents himself as a born-again Christian, has refused to lay down arms and join the Burundi peace process. As the Barundi have courageously engaged the process to bring peace to their country, preparing for democratic elections, Palipehutu-FNL has taken the conscious decision that it will not join the peace process.

In action, it has made the unequivocal statement that it is determined to continue killing other Barundi, utterly contemptuous of the people's heartfelt desire for peace, and unmoved by the fact that 300,000 people have died in a decade-long conflict. Active in the vicinity of the capital city, in Bujumbura Rural, Palipehutu-FNL has unashamedly carried out operations that make the statement that this organisation, wrongly described as a Front for National Liberation, has nothing to do with the national liberation of the Barundi, and everything to do with the commission of violent crimes against the people of Burundi.

Perhaps it should have not come as a surprise that, by its own admission, Palipehutu-FNL was involved in the Gatumba massacre of Friday, August 13. This armed group has become so accustomed to the shedding of innocent blood that it made bold to make the statement that it was responsible for the Gatumba massacre. It went further to say that it had no fear of retribution for its crimes, because it was certain that it had become untouchable.

Human Rights Watch gave further details of the FNL's admission of responsibility:

Pasteur Habimana, spokesman for the movement, was the first to make such a statement. Early on the morning of the attack he called several Burundian journalists to castigate them for having broadcast reports that the perpetrators of the massacre had come from the Congo and were mostly Rwandan rebels and Mai Mai.

Even after it became increasingly clear that accepting responsibility for the attack might be seriously damaging to his group, Habimana as well as the national secretariat made no retraction. They did elaborate on several reasons why the FNL had made the attack. They referred to the many killings of civilians that had gone unpunished in the years of conflict in Burundi, seeming to suggest that attacking the Banyamulenge was a justifiable response to these previous killings. Habimana also claimed that the FNL force had attacked the military and police camps and had pursued soldiers and police who fled from their camps to the refugee camp. There, said Habimana, Banyamulenge had brought out arms that had been hidden and fired on the FNL. As the days passed, he elaborated this explanation to the point of calling the refugee camp the Banyamulenge general staff headquarters. No evidence supports these claims.

The Gatumba attack was also roundly condemned by the European Union, Britain, the United States, France, Belgium, the Netherlands and many other countries around the world, all of whom urged that the perpetrators be prosecuted. The African Union and the UN Security Council both issued statements urging that those responsible be brought to justice "without delay". In December 2004, UN resolution 1577 reiterated the need for justice, and an end to Burundi's culture of impunity. Under heavy international pressure, the Burundian government issued arrest warrants for the Palipehutu-FNL leadership.

Despite the calls for justice to be done "without delay", the victims of Gatumba are still waiting, four years on. Calls for the attack to be referred to the International Criminal Court came to nothing. A UN investigation into the massacre petered out within a year. When, in April 2005, the Palipehutu-FNL leader Agathon Rwasa called a press conference in the Tanzanian capital Dar Es Salaam and appeared in public for the first time, no attempt was made to arrest him.

When I queried this with the UK Foreign Office at the time, they told me that:

The Government of Tanzania is trying to persuade the FNL to end its armed struggle so that peace and security can be brought to the whole of Burundi and that elections can be held in safety. We support these efforts to bring an end to Burundi's civil war. The Government of Burundi has agreed to meet the FNL in Tanzania to discuss ending the fighting.

But our position on the FNL remains unchanged. FNL leaders responsible for crimes against humanity and human rights violations must be brought to justice. We will continue to resist any moves to grant Rwasa or other FNL leaders immunity… We are clear that breaking the culture of impunity in the region is key to peace in the Great Lakes. The FNL and other groups must be sent a signal that they cannot negotiate immunity.

If and when Rwasa and other FNL leaders return to Burundi we will push strongly for the Burundian authorities to try them as soon as possible for the crimes of which they have been accused or admitted responsibility for (such as the massacre in Gatumba in August 2004).

Despite these hopes, Palipehutu-FNL carried on killing people. Elections were held, and judged free and fair, despite the FNL's continued violence. But at the international level there was no more talk of bringing them to justice over Gatumba. Simply by popping up in Tanzania and saying that they were ready for peace, the FNL had effectively unravelled all the commitments that had been made to the victims of the atrocities they had committed.

One Burundian friend of mine often talks of the uncanny ability of regional politicians to 'launder' themselves of the crimes they have committed, and the extent to which the international community is willing to play along. Compare and contrast the above quote from Thabo Mbeki with another one – this time from a speech he made in June 2008:

Let me first acknowledge the delegation from the Republic of Burundi both from Government and Palipehutu-FNL, led respectively by the Minister in the Burundi Presidency, General Evariste Ndayishimiye and the Palipehutu-FNL and its President, Agathon Rwasa. I am very pleased to extend a warm welcome to our dear friends from Burundi.

This year, the FNL declared an end to their campaign of violence – again – and are now angling for government posts and a blanket amnesty as their price for disarming and demobilising. Amid reports that the group was continuing to recruit child soldiers, the FNL leader returned from Tanzania to the Burundian capital Bujumbura on May 30th. It remains to be seen whether the UK government – or any of the others who spoke out against the Gatumba massacre four years ago – will keep the promises that they have made.

At 1.30pm this Saturday, two survivors of the Gatumba massacre will be giving their own account of the events of that day, at a public commemoration being organised by the Ubuntu peacebuilding organisation, and held at Amnesty UK's Human Rights Action Centre in London.

Similar events will be held around the world, as the massacre survivors – and those who lost loved ones in the attack – seek to challenge the international community's selective amnesia over what happened in Burundi on the night of August 13th 2004.

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Burundi, human rights, Current Affairs, Politics, Africa

Communiqué de presse de la famille de Charlotte Wilson, tué au Burundi 28/12/00

2008-08-11T12:34:00.000-07:00

"Quelle sorte de chef a suffisamment de courage pour ordonner le meurtre d'hommes, femmes et enfants sans armes, mais qui manque le courage de reconnaître ses faits et d'expliquer pourquoi une telle brutalité était nécessaire?"

Londres, 9 août 2008

Le 28 décembre 2000, Charlotte Wilson, professeur britannique, et son fiancé Burundais, Richard Ndereyimana ont été parmi les 21 personnes innocentes tuées pendant le massacre brutal des passagers du bus Titanic Express par le groupe extrémiste
Palipehutu-FNL.

Malgré des preuves accablantes- y compris dépositions de témoins oculaires et documents, qui impliquent la FNL dans ce crime et dans beaucoup d'autres, Agathon Rwasa continue de nier que ses soldats étaient responsables.

Nous demandons : Quelle sorte de chef a suffisamment de courage pour ordonner le meurtre d'hommes, femmes et enfants sans armes, mais qui manque le courage de reconnaître ses faits et d'expliquer pourquoi une telle brutalité était nécessaire ?

Nous demandons : Quelle sorte de soldat prétend combattre pour libérer le peuple Hutu mais envoie des enfants Hutus n'armés que de bâtons et de houes, trouver la mort dans les rues de Bujumbura?

La FNL prétend qu'ils avaient des preuves qu'ils n'étaient pas les responsables de l'attaque dans laquelle est morte Charlotte Wilson. Nous leur avons demandé de nous montrer ces preuves. Ils ne nous ont rien montré. Nous leur prions de cesser de feindre et de reconnaître les meurtres qu'ils ont commis le 28 décembre 2000.

La FNL prétend également que l'Ambassadeur britannique au Burundi leur a dit qu'il soit possible que la famille de Charlotte retire leur demande de justice et qu'il travaillera avec eux à cette fin.
Néanmoins le Ministre britannique pour l'Afrique, Mark Malloch Brown, a vérifié par écrit que le gouvernement de sa Majesté continuait de chercher la justice. La semaine dernière le ministère des Affaires étrangères a redit qu'ils croient que la FNL a tué Charlotte Wilson.

La famille de Charlotte Wilson se sent solidaires des victimes de l'express Titanic, des victimes de Gatumba et de la population innocente de Bujumbura-Rurale, terrorisée depuis longtemps par les forces de Rwasa. La famille voudrait confirmer qu'ils ne retireront
pas jusqu'à ce que la justice ait été accordée à toutes les victimes des atrocités de la FNL.

Comme a affirmé récemment Ismail Diallo « Les personnes qui estiment que la vérité et la justice elle-même ne sont pas utiles, sont celles qui pensent qu'elles sont susceptibles de ne pas pouvoir supporter la vérité et de faire face à la justice ---- verité et la justice elle-même n'ont des raisons d'être que pour panser les plaies, que pour aller vers la réconciliation. Ce n'est pas simplement pour punir mais pour réparer. » Richard Wilson, frère de Charlotte

richardcameronwilson AT yahoo.co.uk

FIN

Plus information ici:

http://burundi.news.free.fr/actualites/rwasavirginite.html
http://www.timesonline.co.uk/tol/news/world/article992717.ece
http://blogs.amnesty.org.uk/blogs_entry.asp?eid=1122
http://titanicexpress.wordpress.com/

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Burundi, human rights, Current Affairs, Politics, Africa

Groundhog day in Burundi as Rwasa declares an end to his campaign of violence - again

2008-05-30T14:48:00.000-07:00

Rwasa (r) promising to stop killing people in 2005

Rwasa (l) promising to stop killing people in 2006

Rwasa (c) promising to stop killing people in 2008

It happened in 2005, it happened again in 2006, and now we're back here for round three: the FNL leader Agathon Rwasa has declared his intention to stop killing people, and affirmed his commitment to peace, democracy etc. while the UN and the international media look on and applaud.

Strangely absent, as usual, from the media coverage of Rwasa's latest rebranding exercise, are the names of his many victims: - Pasteur Jacques Rutekereza, one of the 156 Congolese Tutsis murdered by a coalition of FNL, Mai-Mai and FDLR killers in the August 2004 Gatumba refugee camp massacre. Arthur Kabunda, Charlotte Wilson and Richard Ndereyimana, three of the 21 passengers who were massacred after the Titanic Express bus was ambushed close to Bujumbura in December 2000. The thousands of others killed in other bus ambushes around Bujumbura between 1993 and 2005. And the hundreds - if not thousands - of Hutu residents living under the paranoid tyranny of FNL control in Bujumbura Rurale, who have been tortured and killed on suspicion of disloyalty.

Burundian government promises of justice for the victims of the Titanic Express and Gatumba massacres have so far come to nothing - and there is little to show for all the talk of the Gatumba massacre being referred to the International Criminal Court.

It would be nice to think that the international mediators falling over themselves to take credit for "restoring peace" are right this time, and that giving in to the FNL's demand for a blanket amnesty and government posts (without, of course, the formality of actually having to be elected) are all that it will take to persuade them, at last, to stop killing and torturing people. But history would suggest otherwise, and tragically the UN's wishful thinking on this issue is likely only to embolden Burundi's criminal elite, and lead to yet more killings. War criminals tend not to make great politicians.

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Burundi, human rights, Current Affairs, Politics, Africa

"We have to kill Tutsis wherever they are" - Guardian interviews the FNL's allies in Eastern DRC

2008-05-20T06:07:00.000-07:00

From the Guardian

Child soldiers can be found across Africa. Sometimes they are responsible for appalling atrocities; sometimes it is because their minds have been twisted by powerful drugs. But nowhere on the continent are they as driven by hate and ideology as among the Rwandan Hutu refugees in eastern Congo. Here, after more than a decade of invasion, civil war and slaughter - rooted in the genocide - a second generation of killers is being imbued with the mind-altering ideology of extermination and reared to hate and murder Tutsis.

Some of the children learn it from fathers who were responsible for the mass killings the first time around, back in Rwanda. Others, like the boy, are raised by the extremist Hutu rebels who control large areas of eastern Congo and are among the most important causes of the conflict there that has claimed an estimated five million lives or more over the past decade and continues to kill about 45,000 people each month in Congo through the effects of war - principally starvation and disease.

These children are led by men with multimillion-dollar rewards on their heads offered by the United States for their capture to stand trial accused of the murder of thousands in the 1994 Rwandan genocide. America has listed their armed group, the Democratic Forces for the Liberation of Rwanda (FDLR), as a terrorist organisation, but some of its political leaders have found safe haven in Europe. And while their army is fighting, the leadership is raking in millions through the smuggling of gold and diamonds, and extortion.

See also:
De Lorenzo's testimony to the United States Senate

Fighting broke out again in the early 1990s, before the Rwandan genocide took place. Bukavu and Uvira in South Kivu were cleansed of Tutsi in 2004 after Nkunda withdrew his forces from Bukavu after trying to capture the city. They have not been allowed to return, and local leaders in the city have expressed satisfaction that it is finally "clean". That was followed by the massacre of 150 Congolese Tutsi refugees at Gatumba refugee camp in Burundi by a joint
force of FNL, Mayi-Mayi, and FDLR units, apparently with links to some Congolese officials.

The FDLR's representatives in Europe can be contacted directly here: http://www.fdlr.org/

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Burundi, human rights, Current Affairs, Politics, Africa, Congo, Rwanda

FNL demand immunity from prosecution and government posts - again

2008-05-18T04:36:00.000-07:00

The BBC is reporting that some members of the FNL leadership have returned to Bujumbura, again, declaring their intention to talk about peace.

The report notes that "FNL leaders in exile in Tanzania want full immunity from prosecution and a share of government jobs. But this would require constitutional changes which the government - wracked by a parliamentary crisis - does not have the power to deliver."

No mention is made of the fact that granting of blanket immunity to Rwasa and his fellow indicted war criminals would be a violation of Burundi's obligations under international law to uphold victims' rights - or that giving government posts to unelected warlords would not simply be "unconstitutional" - it would effectively bring to an end Burundi's short experiment with electoral democracy.

http://news.bbc.co.uk/1/hi/world/africa/7405552.stm

Burundi, human rights, Current Affairs, Politics, Africa

Rhetoric versus reality: Burundi's leader feted by the churches in Northern Ireland just weeks after violent attacks on political opposition at home

2008-04-10T03:58:00.000-07:00

The Rev Trevor Stevenson, of Irish-based charity Fields of Life, which invited the President Nkurunziza to Northern Ireland, believes this is an opportunity to discuss reconciliation progress in both countries. His visit is a symbol of how far the political process has moved forward. “We are thrilled to have President Nkurunziza here as a guest of Fields of Life. The strong message that he hopes to convey is that through the word of God, forgiveness can be found in the bleakest of times,” -Belfast Newsletter, 5 April 2008

http://www.newsletter.co.uk/news/President-briefs-churchleaders-on-peace.3951147.jp

The attacks on the politicians’ homes took place almost simultaneously on March 8, 2008, suggesting they were a coordinated effort to intimidate the political opposition to the ruling party... Several opposition politicians have been threatened and targeted for violence during the last 18 months.... Five parliamentarians from the opposition party Front for Democracy in Burundi (Front pour la Démocratie au Burundi, Frodebu) and from a dissident wing of the CNDD-FDD, including Mpawenayo, were targeted in a set of grenade attacks in August 2007 that injured several bystanders. Pancrace Cimpaye, Frodebu spokesperson, was detained after suggesting the ruling party bore responsibility for the August attacks; after being released, he briefly left the country. In February 2008, a local Frodebu official was killed, while another was seriously injured in a grenade attack which killed his wife and child.... Increasing insecurity in Burundi spurred 46 opposition parliamentarians to write to UN Secretary-General Ban Ki-moon on February 22 to request international protection. They accused the ruling party of “persecution, arbitrary arrests, extrajudicial executions, and assassination” of its opponents. The four targets of the March 8 attacks had all signed the letter. -Human Rights Watch, 12 March 2008

http://hrw.org/english/docs/2008/03/12/burund18269.htm

Burundi, human rights, Current Affairs, Politics, Africa

Amnesties kill - the legacy of impunity in Zimbabwe

2008-04-08T07:10:00.000-07:00

From “Breaking the Silence, Building True Peace - A report on the disturbances in Matabeleland and the Midlands”

Before the first election in Zimbabwe there was also a general amnesty granted under the peace agreement drawn up by Lord Soames, the British High Commissioner at this time. This amnesty meant that all those who had committed human rights violations could not face prosecution, whether they were Rhodesians or ex-freedom fighters. This meant people who had done terrible things during the 1970s were not punished.

Some of these Rhodesians who had tortured remained on in the Zimbabwean CIO and other units. A few used their position to act as South African agents to destabilise Zimbabwe. Others were recruited from ZANLA into 5 Brigade.

In 1988, after the Unity Accord had brought an end to violence, a second amnesty was announced in Zimbabwe. This time those who were being saved from prosecution for crimes committed against civilians were 5 Brigade, CIO, other army units and dissidents.

The very men who tortured people in the 1970s used the same methods to torture people again in the 1980s. Both times they got away with it and were never punished. Some of these men still hold senior positions in the Zimbabwean Government and armed forces.

human rights, Current Affairs, Politics, Africa

Topsy-turvy justice in Burundi - torture and killings go unpunished while calling the President an "empty bottle" can land you in jail

2008-04-05T03:27:00.000-07:00

From the BBC

Burundi's Supreme Court has sentenced one of the country's most powerful politicians, Hussein Radjabu, to 13 years in prison for subversion.

The former ruling party chairman was accused of plotting an armed rebellion and insulting the president by referring to him as an "empty bottle".

Burundi, human rights, Current Affairs, Politics, Africa

Reuters issue bogus report on FNL "amnesty"

2008-04-01T16:09:00.000-07:00

Reuters' latest report on Burundi claims that the FNL have demanded an amnesty, and that the Burundian government say they have acceded to this demand - yet the only sources given in the report refer not to an "amnesty" - which awards permanent protection from prosecution, but to "immunity". Under the terms of the peace agreements signed to date, the judicial immunity granted to Burundi's killers has always been clearly stated as a strictly temporary measure, pending the creation of a Special Court and Truth and Reconciliation Commission. Reuters' conflation of these two very different things can only serve to embolden those within Burundi's political elite who are determined to rewrite history and ensure that the "provisional immunity" they were granted in 2003 is quietly redefined as a permanent amnesty, thereby forever denying victims their right to justice.

From: http://africa.reuters.com/wire/news/usnL01782031.html

Burundian rebels refused to rejoin a truce monitoring team which was to have begun work on Tuesday, demanding amnesty in exchange for participation in the group overseeing the end of the country's long civil war.

The Hutu Forces for National Liberation (FNL) insurgency is seen as the final barrier to lasting stability in the central African coffee growing nation of 8 million, which has seen more than a decade of ethnic conflict that killed 300,000 people.

The FNL first quit the team last year, hampering a deal they had signed in September 2006 to end Burundi's 13-year civil war.

The truce team -- FNL members, government officials and international mediators -- was due to resume work on Tuesday, under a deadline set by chief mediator Charles Nqakula of South Africa.

"We have a team of 11 people ready to join the joint verification monitoring mechanism, but they can't come to Bujumbura unless they have immunity," FNL spokesman Pasteur Habimana said from Dar es Salaam, Tanzania.
He said the Burundian parliament should grant the amnesty, which the Burundian government said had already been granted.

"Last year, FNL members came into Bujumbura to take part in the ceasefire monitoring team. This couldn't be possible if an immunity was not given to them," said Evariste Ndayishimiye, head of the government delegation to peace talks.

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Burundi, human rights, Current Affairs, Politics, Africa

"It's the white people supplying the weapons in Africa" - breakthrough in struggle against impunity as Great Lakes gunrunner Victor Bout is arrested

2008-03-07T12:29:00.000-08:00

From the Guardian, March 7 2008

If Viktor Bout did not exist, a thriller writer would have invented him. A former Russian lieutenant, he became one of the world’s biggest arms dealers, flying his ancient Soviet planes into battlefields from Liberia to Afghanistan. His clients have included the Taliban and the US government, African warlords and the UN.

He has as many aliases as an AK-47 has rounds, and has acquired the nicknames Merchant of Death and Lord of War. Pursued for years by the intelligence services of the world, and tracked for months by Thai detectives, yesterday the elusive 41-year-old was finally arrested in a five star hotel in Bangkok.

This time Bout is accused of attempting to buy arms and explosives for leftwing Farc rebels in Colombia but the charge sheet could have listed half a dozen countries where governments might like to interview him. Accused of flouting UN arms embargos and wanted by Interpol, he was eventually arrested on a warrant issued by a Thai court acting on information from the US Drug Enforcement Administration. It is understood that DEA agents posed as arms buyers acting on behalf of Farc.

“We will take legal action against him here, before deporting him to face trial in another country, [most] likely the US,” said Major General Pongpat Chayaphan, the commander of Thailand’s crime suppression division. “We have followed him for several months. He just came back to Thailand today.”

Bout’s story is a classic end-of-the-cold-war morality tale. As a smart and opportunistic 25-year-old, he took advantage of three converging factors after the collapse of the USSR: the sudden availability of cheap, clapped out Soviet airforce planes, a massive stockpile of weapons and spare parts guarded only by underpaid and disgruntled servicemen, and the burgeoning demand for arms from countless conflict areas around the world. Soon he was flying arms to any government or militia that wanted them and filling his Antonov cargo planes with less lethal wares, from gladioli to diamonds, for equally lucrative return trips.
Initially, he provided cheap freight routes to whomever would pay, whether the Angolan government or Unita rebels, the Northern Alliance in Afghanistan or their Taliban opponents. After 2001, he worked for the US government and its civilian suppliers, shipping goods into Iraq on their behalf.

“In an age when the US president has divided the world into those who are with the United States and those who are against it, Bout is both,” wrote Douglas Farah and Stephen Braun, authors of Merchant of Death, the investigation into Bout which they published last year.

He has also flown peacekeepers for the UN to Somalia and aid to Sri Lanka, after the 2004 tsunami, and been accused of supplying the Liberian warlord, Charles Taylor.

Yuri Orlov, the character played by Nicholas Cage in Lord of War, the 2005 film about the international arms trade, is said to be modelled on Bout. Amnesty International has commended the film for highlighting the baleful effects of the arms trade. Doubtless Bout will one day be the subject of a film himself, played perhaps by Russell Crowe in a bad moustache, dark glasses and baseball cap; Bout rarely allows himself to be photographed.

As far as he was concerned, he was purely a businessman, providing an international freight service stripped of any ideology. As far as some aid agencies were concerned, on occasion Bout was the swiftest supplier of relief to disaster zones. As far as the then Foreign Office minister Peter Hain was concerned, when he denounced him in the House of Commons in 2000, he was a “merchant of death”, cynically fuelling the civil wars in Africa.

Yesterday Hain welcomed news that Bout had been detained in Bangkok. “I am pleased he has been arrested,” he said. “At the time I exposed him, he was running arms to Angola, Sierra Leone and Congo and taking out blood diamonds. It was a lethal trade and some of those weapons were used against British troops in Sierra Leone. I tried with MI6 to dismantle his activities and we were partially successful but he still has a lot of friends in Moscow.”

Oliver Sprague, Amnesty International’s UK arms programme director, also hailed the arrest. “While we welcome the fact that Victor Bout has finally been arrested, why has it taken so long for this to happen?” he asked. “This is exactly why an international arms trade treaty is needed. Such a treaty would close loopholes that gun-runners like Viktor Bout so easily exploit for their own gain. Through their irresponsible arms transfers gun-runners like Bout have fuelled conflicts where dreadful human rights abuses have occurred.”

Like any good fictional character, Bout has managed to muddy the waters of his past. He was supposedly born in Tajikistan but he has also claimed that he is from near the Caspian Sea in Turkmenistan. Others suggest he is Ukrainian. His many passports carry variations of his name, with his western nom de guerre being Victor Butt. He is married, with at least one daughter.

Having studied at Moscow’s military institute of foreign languages, he is multilingual, speaking everything from Uzbek to French, Portuguese to African dialects, but he denies that he was ever in the KGB.

“Bout would fly for anyone who paid,” an associate told the Centre for Public Integrity in the US, which has long tracked his activities. “He is good because he takes the chances.”
Although the US had made use of his services, the CIA targeted him and the US treasury froze his assets. Bout, with his companies registered in Liberia, fluttering countless flags of convenience, and with a lavish home in Moscow and powerful contacts around the world, continued undeterred. Until yesterday.

As to how he has survived untouched for so long, Farah and Braun quoted a South African associate of Bout: “You never shoot the postman.”

Burundi, human rights, Current Affairs, Politics, Africa

Rwasa may face International Criminal Court over use of child soldiers, says East African newspaper

2007-12-17T10:04:00.000-08:00

From: The East African

A communiqué issued at the end of the meeting warned that the government would freeze FNL accounts and assets, refuse to issue visas to FNL members, deny them access to the media, revive a most-wanted list of FNL leaders, arrest them and extradite them.

This comes on the heels of a UN Security Council report that accuses the FNL of recruiting and arming child soldiers, in violation of the Rome Statute.

Officials familiar with the report told The EastAfrican that the report might lead to International Criminal Court indictments against Rwasa and other senior FNL officials.

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Burundi, human rights, Current Affairs, Politics, Africa

Forgiveness, real and imagined

2007-12-13T13:29:00.000-08:00

From the Times Literary Supplement, December 12th 2007

When forgiveness becomes the public rallying cry, played out on daytime television soap operas, encouraged by civic and religious leaders, and praised far and wide for its power to heal, its slide into confusion and vulgarity is inevitable. It becomes identified with “closure”, it is sentimentalized and transformed into therapy, and the criteria for its practice are obscured. It melds into forgetfulness of wrong, and is granted all too easily, once the expected public theatrics are performed.

From the Institute of War and Peace Reporting, November 23rd 2007

Michael Okello 32, of Koch Goma internal refugee camp, complained that rebel team leader Martin Ojul chose a very disparaging way of asking for forgiveness from victims. It seemed as if Ojul was making them apologise, he said.

"This is adding insult to injury. Does it mean that these people came all their way to tell us to rise up our hands so that they take our pictures and show the world?” he asked.

“Are they after genuine reconciliation? “They want us to reconcile but they haven't accounted for the atrocities they committed."To many, Ojul was not offering an apology on behalf of the LRA. Rather he was trying to create an impression that the Acholi community has forgiven Kony and is opposed to a trial for Kony and his top commanders in front of the International Criminal Court, ICC, in The Hague.

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Burundi, human rights, Current Affairs, Politics, Africa

New Gatumba campaign website + new online petition calling for justice for the victims and survivors of Gatumba

2007-12-12T02:37:00.001-08:00

From: http://www.gatumbasurvivors.org/

The Gatumba Refugees Survivors foundation was founded immediately after the 2004 Gatumba Genocide on the consensus of all the survivors of this Genocide.

A team of fifteen people headed its elected president Olivier Mandevu has been voted by the survivors to lead the organization.

The foundation was legally incorporated in the state of New York in 2007.

The goals of this organization:

1) Promoting the memorial of the deceased.
2) Working for the healing of the Gatumba Genocide Survivors.
3) Speaking out against Genocides, oppressions, tortures and all other kinds of Human Rights Violations.
4) Promoting justice with regard to the Gatumba Genocide perpetrators.
5) Promoting Unity, Love and Reconciliation.

The petition can be viewed here: http://www.thepetitionsite.com/18/justice-for-gatumba-survivors

Burundi, human rights, Current Affairs, Politics, Africa

More on the general amnesty of the early 1990s, and other events that helped precipitate Burundi's decade-long war

2007-12-06T08:57:00.000-08:00

From: http://www.unhcr.org/home/RSDCOI/3ae6a9fc3c.html

Amnesty International Report 1994 - Burundi [looking at the events of 1993]

The newly elected President and other leading figures were brutally killed by soldiers who tried to seize power in October. This sparked off widespread intercommunal violence and political killings in which tens of thousands of people, including children, were killed and hundreds of thousands became refugees. Many of the victims were executed extrajudicially by the army. Earlier, there were arrests of suspected government opponents in the first half of the year, and others were brought to trial, some being sentenced after apparently unfair trials. However, all those still held were among some 500 political prisoners who were released as part of a general amnesty in September. Those freed also included 91 political prisoners sentenced after unfair trials in 1992. There were no executions: all death sentences were commuted under the September amnesty which also, however, gave immunity from prosecution to perpetrators of past human rights violations.

In February Burundi acceded to the UN Convention against Torture.

At the start of the year a multi-party electoral process began, raising hopes of an end to massive human rights violations which had been committed during 28 years of one-party military rule. However, there were violent incidents between supporters of the then ruling party, the Union pour le progrès national (UPRONA), Union for National Progress, and the main opposition party, the Front pour la démocratie au Burundi (FRODEBU), Front for Democracy in Burundi. In January the Minister of the Interior threatened to ban FRODEBU, accusing it of inciting violence and being a front for the banned Parti pour la libération du peuple hutu (PALIPEHUTU), Hutu People's Liberation Party.

President Pierre Buyoya, a member of the minority Tutsi ethnic group which dominates the armed forces, was defeated in presidential elections on 1 June. He had come to power in a coup in 1987. He was replaced by Melchior Ndadaye, a former prisoner of conscience and the first member of the majority Hutu ethnic group to become President. National Assembly elections on 29 June were won by FRODEBU. President Ndadaye said the new government was committed to the promotion of human rights and would abolish the death penalty. In a move apparently designed to foster national unity, he appointed a Tutsi member of UPRONA as Prime Minister to head a government which included Tutsi ministers. However, there were demonstrations by Tutsi students and UPRONA supporters against the transfer of power to a Hutu-dominated government.

On 21 October the President and other senior officials were killed by soldiers who attempted to overthrow the government. Other members of the government took refuge in the French Embassy. Those responsible for the coup, Tutsi members of the army, announced the formation of a National Public Salvation Council with Hutu former minister François Ngeze as its President. However, their actions were condemned by the UN, the Organization of African Unity (OAU) and governments around the world, and received a hostile reaction from the majority Hutu population. After several days the army's commanders said that the coup had been carried out by low-ranking soldiers and asked surviving members of the government to return to power.

The attempted coup, and the murder of the President and others, sparked off a wave of intercommunal violence which engulfed the country for the following month. Tens of thousands of civilians, including children, were killed in violence between Hutu and Tutsi. Hutu attacked Tutsi and Hutu supporters of UPRONA to avenge the killing of Hutu leaders by Tutsi soldiers. Tutsi civilians killed Hutu either in self-defence or in revenge attacks for the killing of Tutsi. Members of the security forces carried out reprisal attacks on Hutu villagers or failed to intervene to stop the violence. Approximately 700,000 refugees fled to neighbouring countries, and some 250,000 people were displaced within Burundi.

Surviving members of the government called on the UN and the OAU to help them put an end to the violence, set up a commission of inquiry to establish responsibility for the coup and related human rights abuses, and bring those found responsible to justice. In December the government headed by Prime Minister Sylvie Kinigi appointed a commission of inquiry headed by the Procurator General to investigate the human rights abuses which had occurred after the October coup attempt. However, the commission of inquiry had not started its work by the end of the year because of objections to its appointment from the opposition. The UN said it would send a team to Burundi to investigate the execution by soldiers of President Ndadaye and other government officials and to complement the work of the government's commission of inquiry, and the OAU offered to send soldiers to protect ministers, but none had been deployed by the end of the year.

No steps were known to have been taken by the military high command to identify those involved in the coup attempt and the killings and other violations linked to it. The government refused to agree to an amnesty for the killers of President Ndadaye and other senior officials and for those responsible for the coup attempt. Eight soldiers suspected of involvement in the October coup attempt were arrested in the days after the attempt. They were still held without charge or trial at the end of the year. Other soldiers suspected of having had a leading role fled the country. In December the Burundi Government demanded the extradition of two of these soldiers from Uganda.

In addition to President Ndadaye, the President and Deputy President of the National Assembly, the Minister of the Interior, the head of the security police and other officials were killed by soldiers during the coup attempt, as were the wife of a government minister and that of a National Assembly member. The President was reportedly stabbed to death with bayonets at a military barracks in Bujumbura, the capital, on 21 October. The same day, soldiers opened fire on people taking part in a peaceful demonstration in Bujumbura to protest against the attempted coup, killing about 10.

Elsewhere in the country, in the days and weeks following the coup, Hutu local government officials and supporters of the murdered President killed thousands of defenceless Tutsi civilians. For example, on 22 October a local government official in Mututa commune, Kayanza province, reportedly organized the execution of 90 Tutsi at Mungara trading centre. In reprisal for killings of Tutsi, serving and former members of the security forces attacked Hutu civilians. In some cases members of the security forces distributed arms to Tutsi civilians to use against Hutu. For instance, in Ruyigi province Tutsi students from a local secondary school, who had been armed by a Gendarmerie commander, attacked Hutu civilians at Ruyigi bishopric, killing about 70. The governor of Ruyigi province, who attempted to stop the killings, was imprisoned for a week by the local military commander.

Earlier, about 50 government opponents were arrested between January and May but none of these had been tried when the new National Assembly passed a general amnesty for all political prisoners. Most of those detained were members of FRODEBU accused of inciting violence or of involvement in killing political opponents. Seven others were alleged members of PALIPEHUTU who the authorities said were insurgents who had entered the country from neighbouring Rwanda.

On 3 July, seven army officers were arrested in connection with an alleged coup attempt and detained on the orders of the military procurator. They included Lieutenant-Colonel Sylvestre Ningaba, former President Buyoya's Principal Private Secretary. They had not been brought to trial when they were freed by other soldiers at the time of the October coup attempt.
Eight soldiers, including Major Hilère Ntakiyica, who had been arrested in connection with the alleged coup attempt in July and freed in October, were rearrested by military authorities at the end of October. They were held in Mpimba prison and accused of attempting to murder the Head of State but it remained unclear at the end of the year whether they had been formally charged.

About 500 political prisoners and detainees arrested during the previous two years were released in September, along with some 4,000 criminal prisoners, following the ratification by the National Assembly of a general amnesty. Death sentences were also commuted. Those released included about 400 prisoners who had been accused of involvement in attacks by Hutu insurgents at the end of 1991 (see Amnesty International Report 1993). The amnesty also applied to members of the security forces who were thereby given immunity from possible prosecution for tens of thousands of past human rights violations, including extrajudicial executions, which remained uninvestigated.

There were several trials of people who had been arrested in 1991 and 1992 in connection with political violence at the end of 1991, but some were still in progress in September when most political prisoners were released under the amnesty. Those tried included about 140 civilians whose trial began in May 1992 before the Court of Appeal in Ngozi. The prosecution reportedly failed three times to provide evidence to the court that the defendants had been involved in the violence, which had not directly affected northern Burundi where the defendants lived. In March the Court of Appeal submitted the case to the High Court in Ngozi, which subsequently convicted about 60 people who had been arrested in Kayanza province: the court ruled that they had been involved in planning the 1991 violence. They were sentenced to between five and 20 years' imprisonment. However, the impartiality of the court was in question: it was alleged that the defendants were convicted after unofficial consultation between the court and government officials. Trials were subsequently suspended and about 80 defendants remained untried in custody until their release in September.

Earlier, about 30 people were brought to trial in March before the Court of Appeal in Bujumbura. They included Alexandre Sindakira, a PALIPEHUTU leader, who denied involvement in or advocating violence. Defence lawyers alleged that most of the defendants had been tortured to make them confess (see Amnesty International Report 1993). The trial was adjourned and had not resumed by the time of the September amnesty, when they were released.

Other trials in connection with an alleged coup attempt in early 1992 began in March and April. The defendants included Cyprien Mbonimpa, a former Minister of Foreign Affairs, and more than 100 soldiers (see Amnesty International Report 1993). The soldiers were tried by court-martial: 60 were convicted and sentenced to between one and 20 years' imprisonment and the others were acquitted. Cyprien Mbonimpa appeared before the Supreme Court in April and his trial had not resumed when he was released in July. Other soldiers and civilians had been released without trial in previous months.

All prisoners sentenced to death before mid-1993 were released or had their sentences commuted as a result of the general amnesty in September. No new death sentences were reported and there were no executions.

Amnesty International was greatly concerned by the mass killings sparked off by the October
coup attempt and murder of the President and others. An Amnesty International delegation was in Bujumbura at the time of the coup to discuss human rights with government officials, including the problem of impunity. Both before and after the October events, Amnesty International called on the authorities to ensure that all human rights violations were fully and impartially investigated, and that those responsible for perpetrating torture, extrajudicial executions or other grave violations were brought to justice.

Burundi, human rights, Current Affairs, Politics, Africa

Victims respond to Sacramento Bee's pre-emptive attack on basic human rights

2007-12-04T06:56:00.000-08:00

[UPDATED]

In this article in the “Sacramento Bee”, a former US Ambassador to Burundi, Robert Krueger, urges that Burundi’s war criminals be awarded immunity from prosecution. Comments critical of this view have been posted in response, one of which has now been published. We reproduce it below:

My sister Charlotte Wilson was murdered in Burundi on December 28th 2000, with her fiancé Richard Ndereyimana and 19 others, including a number of children. The killers were Hutu-extremists seeking “retribution” for the atrocities of the Tutsi-dominated army - and seeking, of course, to advance their own power. The families of the dead, and the survivors, want those responsible to be prosecuted as war criminals, fairly and impartially under international standards. We want this because we want action to deter future killings and prevent others from suffering as we have; a TRC alone simply will not work. To characterise this as a desire for “retributive justice” is a cruel form of bullying, which seeks to create a moral equivalence between our cherished hope of justice and the killers' twisted desire for revenge. We want justice, not vengeance, and it is our basic human right under international law. Amnesty and Human Rights Watch support us. Please don't deny us our rights, Mr. Krueger

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Burundi, human rights, Current Affairs, Politics, Africa

FNL still arming and recruiting children, un-named European country denies humanitarian assistance to FNL deserters

2007-12-03T04:33:00.000-08:00

UN says Burundi rebels are arming child soldiers

By DANIEL K. KALINAKI
The EastAfrican

A draft UN Security Council report has accused Burundi’s last remaining rebel group, the Forces Nationales pour la Liberation (FNL), of recruiting and arming child soldiers.

The draft report, part of which The EastAfrican has seen, will be discussed by the Security Council as early as February, which could lead to punitive action against the FNL and its leader, Agathon Rwasa, who continues to hold out against implementing terms of a peace agreement signed with President Pierre Nkurunziza’s government.

“Children continue to be associated with the FNL,” the report notes. “It is reported that children are still in the ranks of the two remaining factions of FNL, the Agathon Rwasa and Jean Bosco Gateyeri groups, and ongoing recruitment of children by these groups continues to be of grave concern.”

The Rome Statute bans the recruitment of child soldiers and its violation could lead to the International Criminal Court indicting Rwasa and other senior FNL leaders.

The report documents 85 cases in which the FNL recruited child soldiers between October last year and July this year, with most cases coming soon after the signing of the Comprehensive Peace Agreement between the rebels and the government to end more than a decade of fighting in Burundi.

“The upsurge in recruitment by the FNL is allegedly aimed at enhancing their bargaining power should further peace negotiations take place and enabling them to claim increased financial benefits during the demobilisation and reintegration phases,” the confidential Security Council report notes.

The report notes that the delay in the implementation of the ceasefire agreement has forced many of these child soldiers to defect to authorities in Burundi, a development that has further raised tensions in the country.

Fighters of the FNL have reportedly been attacking these defectors on their way to reception centres set up by the South African peacekeepers in the country.

Kingsley Mamabolo, President Thabo Mbeki’s special envoy to the Burundi peace process, confirmed the defections.

“There are people who came out of the bush who claim they are FNL. We have been given orders by the regional leadership to take care of them on humanitarian grounds. We now have about 2,500 of them. They told us that they are tired of war and they want to participate in the peace agreement.”

The South African envoy added: “There’s one group of FNL that has been attacking them and killing them. There have been clashes between the two groups. On humanitarian grounds, we have no alternative but to get involved. There will, of course, be a process of verification.”

The FNL’s spokesman in Dar es Salaam, Pasteur Habimana, was not available for comment.

Uganda’s envoy to the Burundi peace process, Adonia Ayebare, declined to comment on the matter in depth but confirmed that President Yoweri Museveni, who chairs the regional peace initiative on Burundi, had given the order to offer humanitarian assistance to fighters laying down their arms and coming out of the bush.

The EastAfrican has independently learnt that a European country with links to Burundi has opposed the offer of humanitarian assistance to the defectors on the grounds that it was a “deliberate ploy” by Uganda and South Africa to weaken the FNL by tempting its fighters out of the bush.

The FNL was the last major rebel group to sign a ceasefire agreement with the Burundi government, but has failed to meet its obligations under the deal.

In September, we reported that the rebel leaders had rejected South African mediation in the conflict, accusing Johannesburg of partiality in favour of President Nkurunziza’s government. Analysts now warn that unless more diplomatic attention is paid to the conflict, war might break out again.

In a sign of growing tensions, Rwasa recently turned down an invitation to a meeting with Bernard Membe, Tanzania’s Minister of Foreign Affairs And International Co-operation, in which the Tanzanians, who host the Burundi peacekeeping effort, as well as some FNL rebel leaders, were expected to demand that the FNL complies unconditionally with the terms of the Comprehensive Peace Agreement.

Mr Mamabolo however said that there was still time to reach a diplomatic solution to the conflict.

“We continue to call on the FNL to participate in the peace process; nobody has taken their place in the joint verification mechanism,” he said.

“We are concerned and we hope they realise that the way to resolve this problem is to come back to the ceasefire agreement.”

The report also documents rape and other acts of sexual violence against children by members of the Burundi national police, army, intelligence services, as well as the FNL, with 80 cases reported between October 2006 and July this year.

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Burundi, human rights, Current Affairs, Politics, Africa

Burundi's victims want justice - An open letter to the Sacramento Bee

2007-11-30T22:30:00.000-08:00

Dear Sir/Madam,

As someone who has been personally affected by the conflict in Burundi, I found it ironic that Robert Krueger’s argument for "Truth and Reconciliation" was premised on a such a grotesque distortion of the facts.

Mr. Krueger’s claim that “Burundi has already seen too much retributive justice without the UN adding more” is bizarre and misleading. If by “retributive justice” Mr. Krueger means the prosecution, under fair and impartial international standards, of those suspected of crimes against humanity, then it simply isn’t true that Burundi has seen “too much” of it. As readers can see for themselves by reading the excellent reports of Amnesty International and Human Rights Watch, the defining feature of Burundi’s conflict has been the wholesale denial of justice to all but a handful of victims. Both groups argue compellingly that Burundi urgently needs more justice, not less of it, if peace is to be sustainable.

“Retributive justice” is a derogatory term, which demonises as vengeful advocates of “retribution” those who simply seek to uphold their right, guaranteed under international law, to “an effective remedy by the competent national tribunals”. Burundi’s victims want justice, not vengeance. I would urge Robert Krueger to support them.

Richard Wilson

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Burundi, human rights, Current Affairs, Politics, Africa, Robert Krueger

Doctor Amanda runs Marathon for Rwanda in memory of murdered friend

2007-03-25T07:33:00.000-07:00

Amanda Liddle (r) with Charlotte Wilson (l)

In December 2000, Charlotte Wilson, a British volunteer teacher, was murdered by extremist rebels in war-torn Burundi. Now her friend Dr. Amanda Liddle, a medical researcher and trustee of the memorial fund set up in Charlotte’s name, plans to run the 2007 Flora London Marathon to raise money for the Rwandan school where she had been working.

The Charlotte Wilson Memorial Fund (http://www.cwmf.org.uk/ - registered charity 1091955) has raised more than £20,000 since it was established in 2001. As well as supporting impoverished students at Shyogwe school, in Rwanda, it has funded a series of HIV awareness projects, helped rehabilitate Rwandan street children, and supported vital peacebuilding work in Burundi.

Amanda Liddle says:

“I am proud to be running the marathon for the CWMF, in memory of my great friend Charlotte. I have never done anything like this before, so it truly is a challenge, but running for a charity I really believe in makes it all worthwhile. Charlotte had planned to support education and HIV awareness projects on her return to the UK, but didn't have the opportunity to do so herself. Through CWMF, I hope we will be able to help build a more hopeful future for Rwanda”.

Margot Wilson, Charlotte’s mother, and chair of the Charlotte Wilson Memorial Fund says:

“We are delighted and touched that Amanda has decided to support CWMF in this way. After serving on our board of trustees for four years, she will soon become our first ever marathon runner. It costs just £150 a year to put a Rwandan child through secondary school, so every pound Amanda raises will make a huge difference.”

Notes to editors:

1. For more information about the Charlotte Wilson Memorial Fund, please visit http://www.cwmf.org.uk/, which also has a link to Amanda Liddle's online fundraising page. To arrange an interview with Amanda Liddle or Margot Wilson, please contact Richard Wilson via richard cameron wilson AT yahoo.co.uk.

2. Charlotte Wilson and Amanda Liddle met at university in 1995, whilst studying Biochemistry in Paris on the Erasmus programme. They graduated together from Imperial College, London, the following year and both went on to complete a PhD in their chosen field.

After finishing her doctorate in 1999, Charlotte travelled to Rwanda with VSO, planning to pursue a career in medical research on her return. She spent a year teaching science in a rural school, before being seconded to the Rwandan Ministry of Education in October 2000. It was while working there that she met and became engaged to a Burundian teacher, Richard Ndereyimana. A few days after Christmas 2000, they boarded a bus for Bujumbura, the Burundian capital, where Charlotte was due to meet Richard’s family for the first time. A few miles short of their destination the bus was ambushed by members of the Hutu-extremist Palipehutu-FNL rebel group –a faction linked to the perpetrators of the 1994 Rwandan genocide. Charlotte, Richard and 19 of their fellow passengers, mostly members of the Tutsi ethnic group, were shot dead. No-one has yet been prosecuted for the attack.

3. The Charlotte Wilson Memorial Fund was set up in 2001 by Charlotte’s family and friends, and raised more than £10,000 in its first year. Since then, it has supported twenty students at Shyogwe school - many of them orphans of the 1994 genocide – and helped refurbish the school’s science laboratory where Charlotte taught.

In conjunction with VSO, CWMF has also funded a series of HIV education workshops across Rwanda, helped produce AIDS awareness leaflets in the local language, Kinyarwanda, and supported the recording of an AIDS awareness song by Rwanda’s ITETERO project.

Other projects supported by CWMF include the “Streets Ahead” Children’s project, which works to rehabilitate Rwandan street children, and Burundi’s Youth Intervention for Peace, which brings together young Hutus and Tutsis to discuss the causes of the conflict between their two communities, and work together on collaborative projects.

4. The trustees of the Charlotte Wilson Memorial Fund are: Charlotte’s mother Margot Wilson, an adult education teacher, former VSO Head of Fundraising, Dick Bird, Charlotte’s brother Richard Wilson, a writer and fundraiser, Mine Bolgil, a university friend of Charlotte who now works as a corporate trainer, Amanda Liddle, another close friend of Charlotte who works as a medical researcher, and Ben Pollitt, a former VSO Rwanda volunteer and friend of both Charlotte and her fiancé Richard

5. Charlotte Wilson’s life, the aftermath of her death, and the memorial fund set up in her name, are recalled in the book, Titanic Express, written by her brother Richard and published last year by Continuum.

6. Images of Charlotte Wilson, and further information can be obtained from this website: http://remembercharlotte.wordpress.com

Burundi, human rights, Current Affairs, Politics, Africa, Rwanda,

Afghan government votes to deny justice to victims of war crimes

2007-02-03T00:09:00.000-08:00

Afghan Council Urges War Crimes Amnesty

KABUL, Afghanistan (AP) - Parliament has voted for an amnesty for leaders accused of war crimes during a quarter-century of fighting, arguing that it would help heal the deep divisions in Afghanistan.

The amnesty resolution, passed in the lower house Wednesday, covers the mujahedeen leaders who led the resistance against the Soviet occupation of the 1980s and later turned their weapons on one another, plunging the country into civil war.

Lawmaker Sayed Mustafa Kazmi, who backed the resolution, said it was aimed at fostering national unity. But rights activists have called for Afghanistan's factional leaders and warlords to face prosecution for the massacres and torture they allegedly committed in their struggle for power, especially during the 1992-96 civil war.

Only justice, the rights advocates say, will heal the wounds of Afghanistan's traumatic past.

But justice for the warlords would come at a political price. Several of the accused hold prominent positions in parliament and in the government of U.S.-backed President Hamid Karzai, who has shown little enthusiasm for charging them with war crimes.

The resolution called for ``respect and honoring those who have participated in the holy war and resistance.'' Taliban and other militants who have laid down their weapons and joined the government should also be pardoned, it said.

The United Nations reacted coolly to the amnesty.

For national reconciliation to succeed ``the suffering of victims must be acknowledged and impunity tackled,'' the U.N. mission in Afghanistan said. ``No one has the right to forgive those responsible for human rights violations other than the victims themselves.''

The resolution follows a report from New York-based Human Rights Watch calling for Afghan officials - including Vice President Karim Khalili and Army Chief of Staff Abdul Rashid Dostum - to face trial before a special court.

Human Rights Watch also listed Energy Minister Ismail Khan, parliamentarians Abdul Rasul Sayyaf and Mohammed Qasim Fahim and former President Burhanuddin Rabbani as among the ``worst perpetrators.''

Others who should also be brought to trial include Taliban leader Mullah Omar and fugitive warlord Gulbuddin Hekmatyar, the rights group said.

In December, Karzai launched a plan to help the country come to terms with decades of human rights violations by documenting past abuses. U.N. officials said the plan called for people who committed the crimes to be held accountable, but the government has yet to spell out what that might mean.

In the past, officials have argued that prosecuting still-powerful warlords and regional leaders - some of whom helped the United States oust the Taliban from power in 2001 - would undermine Afghanistan's fight against the resurgent Taliban movement.

Agathon Rwasa demands $12 million to stop killing people - Tanzania admits bankrolling the FNL

2007-01-30T15:28:00.000-08:00

From the East African

The growing restlessness of the rebel leaders drove the countries involved in the regional initiative to arrange a meeting in Dar-es-Salaam last week in which the FNL leaders were persuaded to fulfil their obligations under the ceasefire agreement and return to Bujumbura.

Sources close to the process told The EastAfrican that it was made specifically clear to the rebels that their $12 million claim to, among others, clear war debts, would not be honoured under the terms of the deal.

Another source in the Tanzanian government also revealed to The EastAfrican that “it was made clear to the rebel leaders that they could not continue to lounge in the hotels here, while we paid all their bills and gave them a per diem.”

International pressure can work: Drama as Burundi court acquits key figures in fictitious coup plot - Torture victims vow international legal action

2007-01-20T01:25:00.000-08:00

Pressure forces acquittal of Burundi coup plotters - SA Mail and Guardian

Pressure from the international community, NGOs and civil society led to the acquittal recently of five alleged coup plotters imprisoned in Burundi in August this year. The men were arrested and charged with plotting to overthrow the government, but the accusations were widely believed to have been fabricated by elements in the government. Well-placed sources in Burundi said the judge’s decision to acquit five of the accused was a “political decision due to international pressure.”

Five of seven alleged coup plotters, including ex-president Domitien Ndayizeye, were found not guilty of plotting to overthrow the government and were released after spending the past six months in jail.

“It is a positive development which was very urgently needed,” Jan van Eck, a Burundi analyst told the Mail & Guardian. Van Eck says the alleged coup plot had been “destabilising the country, creating the impression that the government was becoming undemocratic, oppressing the opposition and not honouring the election promise to apply good governance”. This is “a step in the right direction,” he added.

In 2005 the government of President Pierre Nkurunziza was elected in a landslide victory in the country’s first election since the end of a civil war that destabilised the country for over a decade.

Explaining the decision, the spokesperson for the supreme court, Elie Ntungwanayo, said: “The court judged that the accusations lacked foundation. [Information was] based on testimonials by Alain Mugabarabona and Tharcisse Ndayishimiye, and [we] could therefore not rely on their sole testimonials as no other proof had been found.”

Mugabarabona, a former rebel leader, and Ndayishimiye, who were imprisoned on the same charges, received hefty sentences of 20 years and 15 years in prison respectively, allegedly because they had confessed to planning a coup.

“Since the two accused have confessed to having organised meetings in the hope of organising a coup d’état, it is only logical for the court to consider their testimonials and charge them accordingly,” said Ntungwanayo.

Others have questioned whether the two men are really guilty: “How can a coup be organised by two people with no help from the army?” asked Deo Niyonzima, one of the accused acquitted this week and an opposition party leader. Niyonzima added that he found the accusations ludicrous.

“Hussein Radjabu [the leader of the ruling party] is behind this coup set up,” Niyonzima said in an interview with the M&G. “They wanted to keep quiet all those who did not agree to their political programme … they want to create a dictatorship.”

Niyonzima, who was released on Tuesday, still battles with the pain caused by injuries he received when he was tortured by security officers shortly after his arrest.

“They beat me with galvanised pipes, steel wires; inserted nails in my shin. There were eight people beating me from all angles,” says Niyonzima. “They beat me on my lower back where my nerves are, they tried to break my back in two,” he says.

He was beaten in an attempt to get him to consent to allegations of which he knew nothing. “They asked me to lie,” says Niyonzima.

A medical evaluation done on Niyonzima while he was in prison proved he had been tortured. “I still have scars on my body,” he says.

Had it not been for his lawyer’s rapid public denouncement of the torture, which led to a visit from the minister of human rights, who acknowledged the torture, Niyonzima believes that he and the other alleged coup plotters would be dead.

“In terms of the law we were innocent, but in terms of the political will, we were the enemies,” says Niyonzima.

He believes that they owe their liberty not to the court system but to the pressure applied to the government by civil society, human rights organisations, the European Union and other foreign donors.

“We will lodge a complaint on an international level,” says Niyonzima.

Ed: While the allegations against Ndayizeye, Kadege, Niyonzima, Mugabarabona and the other detainees were manifestly false, there appears to be ample evidence that several of them were tortured by the Burundian authorities in order to extract confessions. Torture is a "Crime Against Humanity" under international law, punishable through universal jurisdiction in dozens of countries around the world, as well as, in principle, the International Criminal Court (ICC). Burundi ratified the ICC statute on September 21st 2004, so any international crimes committed in the country since then could fall under its jurisdiction.

Burundi, human rights, Current Affairs, Politics, Africa

A new blog for the new year: "African Path" launches, giving serious news and comment on Africa

2007-01-09T05:18:00.000-08:00

New "African Path" blog

The African Path web site has launched. African Path is created to fill a void in the marketplace for a strong Pan-African web site where news content and blogging can be merged into a unified voice. A lot of African bloggers are discussing issues relevant to the continent but online exposure to these blogs is limited. African Path aims to provide this much needed exposure. We aim to fill the void left by big media in covering information on Africa and providing a forum in which Africans can discuss issues concerning themselves both within and outside the continent.

The African Path website features news headlines from global and major African media houses, an ever growing group of bloggers covering various topics and an interactive calendar for events taking place in different cities worldwide.

Topics featured on the site include current events, politics, technology, religion, music, entertainment, sports, health, human rights, AIDS, democracy and much more. The site will share experiences inherently African from daily accounts of people within the continent, Africans in the Diaspora and foreigners who have visited Africa.

The site will promote dialogue on issues being discussed and encourage the participation of all site users through comments, letters to the editor, and new blogger recruitment. Special programs will be created to promote dialogue and exposure of work on the continent conducted by human rights groups and not-for-profit organizations aiming to provide solutions to improve living standards, health, technology, leadership or education.

Small sign of hope as court aquits 3 Burundi journalists

2007-01-03T15:17:00.000-08:00

Bujumbura - A Burundi court on Wednesday acquitted three journalists jailed last year for reporting on allegations of a coup plot in the tiny Central African nation.

Serge Nibizi and Domitile Kiramvu, both of African Public radio (RPA), were arrested in November, accused of violating legislation on secret information by reporting on a coup plot case while investigations were pending.

Mathias Manirakiza, director of Radio Isanganiro was detained a week later, facing charges of allowing the station to broadcast information that would breach state security.

All three, whose arrests were Burundi's latest legal tussle between media and authorities, had pleaded innocent.

"The court has received complaints by the public prosecution but declare them unfounded," judge Francois Naraguma said.

"Charges of breaking media law were not established, consequently the court decides to acquit Serge Nibizi, Domitile Kiramvu and Mathias Manirakiza."

In December, prosecutors had demanded a three-year jail term for the journalists.

President Pierre Nkurunziza's government, which came to power in 2005 under a peace plan to end more than a decade of civil war that killed 300 000 people, has come under increased pressure over its record on democracy and freedom of expression.

The suspected coup plotters, who include former President Domitien Ndayizeye, were arrested in August, accused of planning to kill Nkurunziza and seize power.

Burundian law states the journalists must be freed immediately, but legal procedures are likely to delay this until Thursday. Defence lawyer, Raphael Gahungu, welcomed the ruling.

"The three journalists were unjustly arrested," he said. "I hope things will improve in the future so that people won't be jailed without reason.
Burundi, human rights, Current Affairs, Politics, Africa

A bad day for Rwasa's Rwandan counterparts - Four genocide suspects arrested in the UK

2006-12-29T03:29:00.000-08:00

From BBC Online

Four men accused of taking part in the Rwanda genocide in 1994 have been arrested in the UK. Scotland Yard said the arrests followed a request from the Rwandan government for their extradition.

Vincent Bajinya was arrested in north London, Charles Munyaneza in Bedford, Celestin Ugirashebuja in Essex and Emmanuel Nteziryayo in Manchester.

All four - accused of killing members of the Tutsi ethnic group - will appear before magistrates in London on Friday.

Mr Bajinya is also known as Dr Vincent Brown.

A provisional extradition warrant accuses them of killing members of the Tutsi ethnic group "with the intent to destroy in whole or in part, that group".

Scotland Yard said the extradition warrants had been issued by City of Westminster magistrates under Section 73 of the Extradition Act 2003.

The warrants also allege that between 1 January 1994 and 12 December 1994, the men conspired to kill Tutsis, and aided and abetted the killings.

Tharcisse Karugarama, Rwanda's justice minister, said in November that they had formally requested the British government to hand over four men suspected of planning the massacre.

Rwanda, human rights, Current Affairs, Politics, Africa

Justice for the victims of the December 28th 2000 Titanic Express massacre

2006-12-26T23:46:00.000-08:00

From Wikipedia

The Titanic Express massacre was an event which took place on 28 December 2000, in which 21 people were killed in an attack on a bus, the “Titanic Express”, close to the Burundi capital Bujumbura.

The passengers, who had travelled from Kigali in Rwanda, were robbed of their valuables and then separated according to their ethnicity. Hutus and most Congolese were released unharmed. The Tutsis on board, and one British woman, Charlotte Wilson, who was traveling with her Burundian fiancé, were forced to lie face down on the ground and then shot. According to news reports, one of the Hutu passengers had been told to "tell the army we're going to kill them all and there's nothing you can do."

The attack took place in the province of Bujumbura Rural, a stronghold of the Hutu-extremist group Palipehutu-FNL (commonly known as FNL). The group is known for its hostility to the Tutsi ethnic group, and is believed to have carried out dozens of similar attacks in the same area. Although the FNL has denied responsibility for the "Titanic Express" attack, the Burundian authorities and a number of human rights groups have publicly blamed them for the massacre.

In May 2001, the International Crisis Group attributed the Titanic Express attack to "troops under the order of... Agathon Rwasa". In January 2004 the Sunday Times announced the discovery of a document which appears to be an FNL report, signed by a senior commander, detailing how the Titanic Express massacre was carried out. In June 2006, detailed eyewitness accounts of the attack were published in the book 'Titanic Express: Finding Answers in the Aftermath of Terror'.

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Take action - sign the Titanic Express petition

Burundi, human rights, Current Affairs, Politics, Africa

"Little truth and no reconciliation"

2006-12-23T07:37:00.000-08:00

From The Guardian, Comment is Free

Six years ago, my sister Charlotte was dragged from a bus and shot dead in the tiny Central African state of Burundi. Twenty other passengers, among them her Burundian fiance, died with her. The killers were members of Palipehutu-FNL, a Hutu-extremist group seeking revenge on the country's then-dominant Tutsi minority. The massacre was unusual only inasmuch as it caught the attention of the international media. Since the start, in 1993, of the latest cycle of massacre and reprisal-massacre, 300,000 civilians have been killed. The vast majority of attacks have gone unreported.

This time last year, it looked as if the cycle might finally have been broken. Following Burundi's first elections in more than a decade, the country's larger and more moderate Hutu-led rebel group had taken power, promising to mend ethnic divisions and rebuild the country's once-buoyant economy. While Palipehutu-FNL continued sporadic attacks, the restoration of democracy had weakened and divided them. Many predicted that the group would be forced to capitulate - or face military defeat - within months.

The new government agreed to establish a Truth and Reconciliation Commission to examine Burundi's bloody post-colonial past, together with a special war crimes court to prosecute the worst of the perpetrators. The UN High Commission for Refugees stepped up "voluntary repatriations" of those who had fled the conflict. Shortly before the fifth anniversary of my sister's death, Burundi's Information Minister declared that the group's leader, Agathon Rwasa, would soon be arrested and put on trial over the December 2000 killings.

A year on, we're still waiting. In 12 months, international optimism over Burundi has unravelled with stomach-churning speed while no attempt has been made to prosecute Agathon Rwasa and his ilk, dozens of ordinary Burundians have been tortured and summarily killed as "FNL suspects". Rape and torture by the security services is rife. Journalists, human rights campaigners and opposition politicians have been arrested, harassed and intimidated.

When Olucome, the country's main anti-corruption organisation, alleged widespread financial irregularities by the new government, its director was arrested and charged with "defamation". Other members have been beaten up, and received death threats over their work. Staff of the country's main human rights organisation, Ligue Iteka, have also reported threats.

In June, the Burundian government announced plans to redefine the proposed "Truth and Reconciliation Commission" as a "Truth, Forgiveness and Reconciliation Commission". Proposals for a special war crimes court have effectively been ditched. Many fear that the remodelled TFRC will be little more than a thinly-disguised general amnesty, of the kind that has been tried, and failed, so often before in Burundi.

Concerns over corruption came to a head with the mysterious sale of the Presidential Falcon 50 jet to a US company, Delaware Corporation FZC, for nearly $2 million less than its market value. Senior figures within CNDD-FDD accused the party chairman, Hussein Radjabu, of taking kickbacks over this and a number of other deals. (See pages 17/p23 of the Swisspeace report.)

In late July, the authorities announced that they had foiled an attempted coup, involving senior members of every major opposition party. The government quickly arrested the country's Tutsi former Vice President, along with the Hutu ex-President, and a bizarre collection of Hutu and Tutsi extremists, anti-genocide campaigners, and independent journalists. The government's star witness was Alain Mugabarabona, the leader of an FNL splinter group, who had confessed to being the mastermind behind the coup.

If the allegations were true, then it would have been a remarkable example of inter-ethnic collaboration. In reality, many believe that the "plot" was nothing more than a clumsy fabrication, dreamed up as a pretext for silencing criticism and eliminating political opposition.

One day Burundi's Information Minister, Karenga Ramadhani, was claiming that Gratien Rukindikiza, an exiled politician, had implicated Alexis Sinduhije, head of the country's largest independent radio station, in the coup plot. The next day Sinduhije's radio station broadcast an interview with Rukindikiza, who denied saying anything of the sort and accused Ramadhani of "losing his head". The day after that, Ramadhani announced that it had all been a misunderstanding and Alexis Sinduhije had nothing to fear.

The alleged leader of the conspirators, Alain Mugabarabona, was then interviewed from his prison cell, on a smuggled mobile phone. Mugabarabona claimed that the coup plot was a fabrication, and that he had been tortured into confessing involvement. Torture allegations by several other alleged coup-plotters were corroborated by the country's human rights minister, who visited them in prison. Meanwhile a series of unexplained grenade attacks on bars in the Burundian capital claimed yet more lives. In late August, without irony, President Nkurunziza begged "forgiveness" for the human rights abuses committed during his first year in power, while urging the courts to "severely punish" those accused of plotting against him.

In September, Vice President Alice Nzomukunda resigned, condemning her own party's leadership over corruption and human rights abuse, and denouncing the coup allegations as baseless. Soon afterwards, CNDD-FDD signed a peace agreement with Palipehutu-FNL, granting them immunity from prosecution, and paving the way for them to join the country's government.

But the killings have continued. In October, thirteen more mutilated bodies were found, floating in Burundi's Ruzizi river. In November, Amnesty International revealed that a number of "FNL suspects" killed earlier in the year were former refugees who had been told by the UNHCR that it was safe to return. For these victims, as for so many others before, the international community's wishful thinking over Burundi had proved deadly.

A 2003 peace agreement between CNDD-FDD and the then-Tutsi-led government, endorsed and applauded by the UN, granted both sides "provisional immunity" for all crimes. Warnings by human rights groups that this would encourage further abuses were ignored. So too were calls for those implicated in war crimes to be barred from running for office. Some church groups have urged the Burundian government to go even further, and grant yet another general amnesty.

But to the Burundians I know, the idea that "peace and reconciliation" could be achieved while killers remain in power is a cruel joke. The difficult, messy truth is that democracy alone is not enough. Only by ensuring that Burundi's war criminals are prosecuted under international law, can we hope to see a permanent end to the violence.

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Take action - sign the Gatumba petition

Burundi, human rights, Current Affairs, Politics, Africa

Burundi Defence Minister blows the lid off CNDD-FDD's fraudulent coup plot allegations

2006-12-18T14:07:00.000-08:00

From Reuters

Burundi's defence minister on Sunday broke ranks with his government to deny accusations that a former president and six accomplices, whose trial resumes this week, had plotted to bring down the administration.

"We have in the army a secret services bureau, I would like to assure you that we don't have any indication of the existence of a coup," Major General Germain Niyoyankana told reporters.

"And no elements of the army are involved in that coup plot if there is one," he added.

President Pierre Nkurunziza's government has come under increasing criticism from rights' groups and western nations for its handling of the alleged plot, which some fear might plunge the tiny central African nation into conflict again.

Burundi is emerging from over a decade of civil war after the 1993 assassination of President Melchior Ndadaye kicked off a brutal conflict in which more than 300,000 people were killed.

Police arrested former President Domitien Ndayizeye and six others in August saying they had strong evidence they were plotting to kill Nkurunziza and seize power. The High Court had said the seven should be freed on bail, but when prosecutors protested at the decision, the court reversed its ruling.

Critics say the plot was invented by the ruling party to quash dissent, but the government and prosecutors deny this.

The government said last week the suspects had met with Salim Saleh, the half-brother of Ugandan President Yoweri Museveni, Congolese dissident General Laurent Nkunda, and Rwandan army chief of staff General James Kabalebe.

But Niyoyankana said he doubted the involvement of foreigners in the alleged plot.

"They say Burundians worked with some foreigners to plot against the government," he said, adding that there were "incoherent and unreliable" aspects to the case.

"It is not a good thing to involve neighbouring countries. We don't have to blame others. This problem is ours. We are the source and the end of it," he added.

Former rebel leader Nkurunziza came to power in 2005 after democratic polls under a peace plan ending the war.

Burundi, human rights, Current Affairs, Politics, Africa

"Burundi Youth" exposes Tutsi militia leader Deo Niyonzima over the recruitment of child soldiers and attacks against civilians

2006-12-12T09:32:00.000-08:00

From "Burundi Youth"

At around age 15 years old, Tutsi Leaders sent me around the capital Town of Burundi, to buy grenades. I thank God that I am alive and that I never participated in any killings. Those who sent me, had said that we had to protect ourselves against the possible attack of Hutu rebels, but I later found out that some of the grenades were used to attack civilians in the capital town such as Bwiza, Buyenzi, etc, I can name people like Deo Niyonzima (of the movement for Youth resistance, Sojedem)who at the time, was part of "Freres Dominicains", of his involvement to pick grenades and distribute it to Young people, those from less privileged areas of Bujumbura (capital town), he should be brought before justice for such crimes against civilians. I then realized that this was pure criminality that I will never allow as long as I live. My message also goes to Leader of FNL-Palipehutu, who was reported to use children soldiers from age 10, I say that it is wrong and Agathon Rwasa should be brought to justice before he continues to recruit poor innocent children to his own barbaric campaign. Why was I picked? Surely, the Politicians saw Young People as an easy target to use them for intimidation to succeed in their campaign. I thank God that I am healthy and have managed to start speaking about my experience. Right now, many children and Young people may be at risk of being used as children soldiers, I am asking that we stop this ongoing abuse against children.

Burundi, human rights, Current Affairs, Politics, Africa

Burundi independent radio director "missing" after being summoned by CNDD-FDD prosecutor

2006-12-11T10:59:00.000-08:00

From The Independent Federation of Journalists

IFJ Calls for End of Intimidation Campaign Against Independent Journalism in Burundi

The International Federation of Journalists (IFJ) today called on the government of Burundi to put an end to the repression of journalists after the government has stepped up its campaign of intimidation against journalists who have issued critical reports of an attempted coup in the country.

Three journalists have been jailed and four others summoned by the prosecutor in the capital city of Bujumbura in less than two weeks in relation to reporting they did about an attempted coup in the country.

Corneille Nibaruta, director of radio station Bonesha FM, was summoned to the prosecutor's office on 1 December but never arrived there. He has since gone missing, colleagues said.

The three imprisoned journalists will appear before the prosecutor on Wednesday.

The latest wave of arrests and summons of journalists is related to reports in private media that the government arranged a coup attempt that it has claimed it foiled.

On 29 November, the director of the radio station Isanganiro, Matthias Manirakiza, was jailed for allegedly "broadcasting information which could disturb public and security order". The accusation stems from a report aired on his radio station on August 29, 2006, on the imminent attack of the presidential palate and the residence of Hussein Rajabu, president of the ruling party, by elements of the police force.

The IFJ first heard of the attempts to intimidate journalists after the editor-in-chief of Radio Publique Africaine (RPA), Serge Nibizi, and the journalist Domitille Kiramvu were summoned by the prosecutor on November 22 and arrested for allegedly threatening state security and broadcasting information on a case under judicial investigation. Three other journalists of RPA have been questioned and released.

"This repression of independent journalism is unacceptable and we are calling on the government to put an end to it immediately," said Gabriel Baglo, Director of the IFJ Africa Office. "These journalists have been targeted purely for political reasons; the prosecutor has no case against them. We are calling for their immediate and unconditional release."

On 29 November, professional media associations in Burundi denounced this "sequence of acts of intimidation targeting media professionals" and launched a petition for the release of the imprisoned journalists.

These organizations met with the vice-president of Burundi and the representation of the United Nations in the country in an attempt to alleviate the tensions between the private media and the government.

The IFJ represents over 500,000 journalists in more than 110 countries.

Burundi, human rights, Current Affairs, Politics, Africa

New blog, "Burundi Youth", gives eyewitness testimonies from the 1993 crisis

2006-12-02T04:44:00.000-08:00

From Désiré Katihabwa, Burundi Youth Blog

"...I will never forget how I walked down to the Presidential Palace, on the morning of 21 October 1993, where President Melchior Ndadaye resided. The palace had been surrounded by obvious Military soldiers, they were drinking beers and they looked very happy.

You could see where Military tanks had broken into the palace, this was terrifying to me that such things could happen in the capital of Burundi.

Tutsi were rejoicing that they killed President Ndadaye, when a Neighbour of mine, whose Father had been accused of the Military plot, then said:"You shouldn't be laughing because there will be consequences in the villages where Tutsi might be killed"

What my Neighbour said, became reality, he lost his Brother, who was in boarding school, in Kibimba. My Dad's sister, almost lost her life in the same school, she managed to survive the massacres. When I asked her about my friend Willy, our Neighbour's brother, she immediately remembered about him as he was a very tall Young Man and very huge, she said to me that he was the first one to be picked by the Headmaster of the school,at Kibimba school, many students were burnt alive, chopped in pieces by machetes. I did not want to know any more details, the reality of war and genocide was beginning to get deep in my heart.

My friend Willy, I think was 17 years old at the time. People said that he was found reduced in pieces by machetes.

The same night of 20-21 October 1993, my Dad lost many of his family, who were butchered, my Grand-Father, Dad's father, managed to hide in the river.

My Family was heavily involved in the political affairs of Burundi, from Army Generals, Colonel Pascal Simbanduku, to Prime Minister Antoine Nduwayo, to those accused of the Military coup of 1993, Lieutenant Jean-Paul Kamana.

During the political crisis of Burundi, many young people, both Hutu and Tutsi, were used and manipulated, I can testify as Political Party Leaders tried to seduce my mind to join milice and so on.

When will we see justice and stability restored in Burundi and the region of the Great Lakes, is what is on my mind now..."

Click here to read more from the Burundi Youth blog

Burundi, human rights, Current Affairs, Politics, Africa

Amnesty International condemns Burundi press repression

2006-11-30T05:54:00.000-08:00

AMNESTY INTERNATIONAL

Public Statement

AI Index: AFR 16/022/2006 (Public)
News Service No: 307
30 November 2006

Burundi: Freedom of expression under attack once more

Amnesty International is concerned at reports of the arbitrary arrest and detention of Mathias Manirakiza, the Director of Isanganiro, a private radio station in Burundi, on 29 November. He is currently detained in Mpimba Central Prison in Bujumbura.

Mathias Manirakiza has been charged with disturbing public order after broadcasting on 29 August 2006 information about alleged plans to attack the Office of the President, Pierre Nkurunziza, and the home of Hussein Radjabu, the President of the National Council for the Defence of Democracy - Forces for the Defence of Democracy (Conseil national pour la Défense de la Démocratie - Forces pour la Défense de la Démocratie, CNDD-FDD ).

Amnesty International believes that the charges against Mathia Manirakiza are an unwarranted restriction on his freedom of expression. As there has been no disturbance of public order since Radio Isanganiro made its broadcast in August 2006, the charges against Mathias Manirakiza do not seem necessary for the protection of public order.

Amnesty International is also concerned that the arrest and detention of Mathias Manirakiza may be the latest move in an ongoing strategy by the government to repress freedom of expression in Burundi.

The government has repeatedly harassed and intimidated journalists throughout 2006, with an escalation in attacks on freedom of expression in the past week. Serge Nibizi and Domitile Kiramvu, journalists for Radio Publique Africaine, were arrested on 22 November 2006 and charged with threatening state security and violating judicial secrecy. The two journalists commented on a story published in a pro-government newspaper about a plot to overthrow the government in August 2006. Two other journalists, Christelle Ruvari and Bob Rugurika also received a summons for questioning about the same story on 27 November 2006. They were not, however, detained.

Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR), to which Burundi acceded in 1990, provides:

"Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."

While Article 19(3) of the ICCPR allows for certain restrictions on the freedom of expression including for the protection of public order, any such restrictions must be "provided by law" and "necessary for the protection of public order".

According to the United Nations Working Group on Arbitrary Detention, arrests and detention are considered arbitrary when the facts giving rise to them concern the exercise of freedom of opinion and expression.

Amnesty International urges the Burundian authorities to stop harassing journalists in Burundi. International law obliges Burundi to respect and ensure freedom of expression, allowing reporters to work independently.

The organization also urges the international community and the global journalist community to publicly condemn the recent arbitrary arrests and detention of journalists in Burundi.

Burundi, human rights, Current Affairs, Politics, Africa

Burundi government intensifies attack on press freedom - third radio journalist illegally detained

2006-11-30T00:40:00.000-08:00

From The Committe to Protect Journalists

The Committee to Protect Journalists demands that three radio journalists jailed in Burundi in the past week, including Matthias Manirakiza detained today, be released immediately.

“This looks more and more like a campaign to silence respected independent broadcasters who have spearheaded investigative reporting on human rights abuses and corruption,” said CPJ Executive Director Joel Simon. “We call on the government of Burundi to release Matthias Manirakiza and two journalists from Radio Publique Africaine immediately and unconditionally.”

Manirakiza, director of Radio Isanganiro, was held over a story alleging a plan to stage an attack on the presidential palace. On November 22, editor Serge Nibizi and journalist Domitile Kiramvu of Radio Publique Africaine (RPA) were imprisoned on charges of threatening state security. Two days later, five independent radio stations organized a one-day media blackout to protest their imprisonment.

Manirakiza was sent to the central prison in the capital Bujumbura after police questioned him about a story broadcast in August. It was not clear whether he had been charged. The report cited police sources as saying authorities planned to stage fake attacks on the homes of top officials to bolster their claims of a coup plot. Several top opposition leaders, including the former president, are currently on trial for alleged participation in the plot. Agence France-Presse quoted Manirakiza’s lawyer Raphael Gahungu as saying that his client was jailed for allegedly “authorizing the broadcast of information threatening to state and public security.”

“Manirakiza’s fate had been determined beforehand," Gahungu also told AFP. "It was evident from the number of police officers sent here.” Radio Isanganiro is backed by the U.S.-based nongovernmental organization Search for Common Ground. Radio Publique Africaine’s director Alexis Sinduhije won an International Press Freedom Award from CPJ in 2004. He has been in hiding since September, following threats to his safety.

On November 28, journalists Bob Rugurika and Christelle Ruvari of RPA were also summoned and questioned over a story related to the alleged coup plot. They were provisionally released the same day, but could be summoned back and arrested at any time, according to Jean-Marie Hicuburundi, assistant director of RPA.

Frank Kaze, the head of Burundi’s journalists’ union, was today quoted by AFP as saying, “The government is brazenly violating the law. This government is no longer hiding that it wants to silence private radios that denounce the numerous abuses committed in this country.”

For more information on the RPA arrests, see CPJ’s November 22 alert:
http://www.cpj.org/news/2006/africa/burundi22novt06na.html

Burundi, human rights, Current Affairs, Politics, Africa

UN condemns "endemic" sexual violence, torture and killings in Burundi, calls for justice

2006-11-28T10:31:00.000-08:00

From Reuters

BUJUMBURA, 27 November (IRIN) - Human-rights violations have continued in Burundi, despite a new democratically elected government, according to a senior United Nations official in the country.

Sexual violence is commonplace, while arbitrary killings, arrests and torture are also happening, according to Ismael Diallo, the director of the human-rights division of the UN Operation in Burundi (ONUB).

"The human-rights situation has really not improved since the previous government; it has more or less remained the same, except for abuses by the intelligence services, which have become noticeably worse," Diallo said.

Burundi is emerging from 13 years of civil strife during which human rights were regularly abused. The current government swept to power in a landslide election in August 2005 pledging to restore order.

Diallo noted that abuses by Burundi's national intelligence service, the Service National de Renseignement (SNR), had grown significantly worse over the past few months, with its agents carrying out arbitrary arrests and torturing detainees suspected of being allied to Burundi's last active rebel group, the Forces nationales de libération.

Bodies found

In an October report, an international watchdog, Human Rights Watch (HRW), accused the SNR of torture and possible involvement in extrajudicial killings that it said went unpunished.

"Intelligence agents are believed to have been involved in the killing or presumed killing of at least 38 people over the past year," the report said. "Thirty-one people are currently missing and presumed dead in Muyinga [province in the north] with several bodies and body parts having been found in a local river."

HRW said that in July, people in Muyinga told human-rights organisations that family members had been arrested and could not be found. At least seven bodies were recovered from the region's River Ruvubu.

However, Burundi's government spokesman and minister of information, Ramadhan Karenga, told IRIN the HRW report lacked credibility since the group had not consulted the government during its investigations.

"We know about the bodies in Muyinga, and even the ones recently pulled out of the river in Bubanza Province, but how can we know that it was the intelligence service that did it? We are carrying out our investigations, and when the perpetrators have been arrested, we will be able to say with certainty who committed the murders. Until then, people can only speculate," Karenga said.

A local rights group, Ligue Burundaise des Droits de l'Homme, known as ITEKA, also said the rights situation had not improved, and that they had been persecuted for criticising abuses by government agents.

"We had hoped that after the elections the human-rights abuses would reduce, but more than a year later things are no better; we are still seeing extrajudicial killings, rape is widespread and we are threatened for our reports," said Jean-Pierre Kisamare, ITEKA's information secretary. "The governor of one province has actually said ITEKA is an enemy of peace and has arrested our staff members."

HRW said seven former high-level government officials and opposition leaders arrested in August for an alleged coup attempt - including former Vice-President Alphonse Marie Kadege - had been tortured.

Kadege's wife, Ruth Magerano, told the BBC in August that when she visited her husband in detention, she saw him "lying flat on the floor with a policeman standing on him".

The country's minister of national solidarity, human rights and gender, Françoise Ngendahayo, also visited the detainees in August and said she had seen signs of torture.

Diallo said despite numerous requests, his office had not been allowed to visit SNR detention centres to check that prisoners' human rights were being protected.

The press, too, had complained of harassment by the government and on 22 November, two journalists from independent radio station Radio Publique Africaine were arrested over a story about the alleged coup plot, a move condemned by the New-York based Committee to Protect Journalists as "a government attempt to silence critical reporting".

Karenga defended his government's action, saying standards of journalism in Burundi were very poor. "Many of the people who call themselves journalists have no training in the field and therefore have no concept of journalistic ethics," he said. "To some they may be journalists, but to us they are former police officers or teachers who may have a personal grudge against people in the government."

Sexual violence endemic

Diallo noted that while the arbitrary arrests and killings were worrying, sexual violence was even more rampant in Burundi.

"Rape and sexual violence is a daily occurrence and is hardly considered a crime any more," he said. "About two-thirds of rapes are committed by civilians, and one-third by uniformed personnel, meaning the police or the army."

Diallo said ignorance and a sense of power conferred by the possession of a uniform and a gun, combined with a lack of discipline in the armed forces and the security forces' failure to punish offenders, allowed soldiers and police officers to continue to violate the rights of women and girls.

In a recent report on the human-rights situation in Burundi, ONUB's human-rights division reported 83 cases of sexual violence across the country during September alone. Diallo noted that most cases went unreported because of stigma and likely inaction by the authorities.

"In many instances, the case is settled locally through elders called 'Bashingantahe', and often the culprit could get away with his crime by simply giving the family a bicycle or money," he said.

When Christine Muhorakeye (not her real name) was raped early in 2006 by two men in Kiremba commune in the northern province of Ngozi, she reported the matter to the police, who released the men after they made reparations of 200,000 Burundi francs (US$200). The result was considered positive by the villagers as the money allowed Muhorakeye and her fiancé to pay for their wedding; most rape survivors got far less, they said.

Diallo said an in-depth education campaign on sexual violence was required and the penal code needed to be revised, as under current rape laws there was "room to play around".

Urgent action necessary

Torture, Diallo added, also needed to be more clearly defined as a crime under the penal code.

"The laws need to be enforced and strengthened," ITEKA's Kisamare said. "The government must also reduce its influence over the judiciary, which does not currently allow justice to prevail; there must be respect for the separation of powers."

Diallo said the European Union had threatened to withhold funding if there were no improvements in Burundi, including on rights violations. About two-thirds of Burundi's budget is donor funded, and cuts would severely affect the government's programmes.

"Sensitisation, education and training are all essential to educating people about the law," he added. "Civilians, the SNR, the military and ministries such as security, gender and justice all need further training on human rights."

He said he had met senior government officials who had assured him they were working towards penalising human-rights violators.

ITEKA's Kisamare said that in October, Burundi's First Vice-President Martin Nduwimana had promised regular dialogue with civil society during which human-rights issues would be discussed.

Karenga acknowledged that his government still had some issues to iron out, but said they were in the early stages of establishing their authority over the various government departments and the country in general.

"We know that there are some bad elements, but fixing the problem is not easy; the police force, for instance, is made up of the established officers as well as former rebels, many of whom have no training," he said. "We intend to train them professionally … we are trying to correct the wrongs that have been carried over from previous regimes.

"Consider that we are coming out of so many years of civil war; you cannot expect us to heal the wounds of the country in 24 hours," he added.

Burundi, human rights, Current Affairs, Politics, Africa

International Federation of Journalists condemns arrest of Nibizi and Kuramvu

2006-11-28T10:28:00.000-08:00

From IFEX

The International Federation of Journalists (IFJ) today condemned the jailing and harassment of journalists by the Burundi government in an apparent reaction to broadcasts that suggested a failed coup attempt was actually staged by the government.

Two journalists were imprisoned on Wednesday, apparently in relation to a discussion about a coup attempt that was broadcast live in August on the privately-owned radio station Radio Publique Africaine (RPA). Two other journalists were summoned to appear in court on Friday over their involvement in the case.

On Wednesday, RPA editor-in-chief Serge Nibizi and journalists Domitille Kiramvu and André-Palice Ndimurukundo were summoned to the office of the public prosecutor of Bujumbura. Ndimurukundo was released but Nibizi and Kiramvu were arrested for allegedly threatening state security and broadcasting information on a case under judicial investigation. Journalists Bob Rugurika and Christella Ruvaru of RPA received summonses to appear before the prosecutor on Friday.

"We firmly condemn this harassment of the journalists of RPA and call for their immediate and unconditional release," said Gabriel Baglo, Director of the IFJ Africa Office. "It's a clear attempt [of] the government to muzzle the independent press on issues related to the alleged foiled coup and that would mean that [President] Nkurunziza's regime has something to hide in this case."

According to some of their colleagues, in August 2006, RPA journalists read and commented on articles published in the pro-governmental Intumwa newspaper, which reported an alleged conversation between an army officer and an opposition leader regarding a coup attempt. Between 31 July and 20 August, several opposition leaders were accused of plotting a coup and were arrested.

Since then, the director of RPA, Alexis Sinduhije, has been in hiding for fear of his security after broadcasting the story.

RPA's coverage attempted to prove that it was a fake coup organised by the government. The station broadcast a live interview with Alain Mugabarabona, a former rebel leader and the main witness of the prosecutor, who said he was tortured and forced to lie about the people arrested.

The Burundi Journalists' Association, the Burundi Broadcasters' Association, the Burundi Press House, the Association of Women Journalists and l'Observatoire de la presse burundaise [Burundi's media watchdog] have all said they are shocked by the judicial proceedings against the journalists, which appeared to be planned in advance. The organisations said they will fight for the unconditional release of the imprisoned journalists and are open to talks with the government on the matter.

The IFJ represents over 500,000 journalists in more than 110 countries.

Burundi, human rights, Current Affairs, Politics, Africa

UN Torture Committee raises concerns over widespread abuses, condemns immunity for rape and torture, urges creation of special war crimes court

2006-11-27T05:18:00.000-08:00

In its conclusions on the initial report of Burundi, the Committee took note of the proposed amendments to Burundi's Penal Code, and of Burundi's intention to include articles prohibiting acts of torture, and other acts of cruel, inhuman or degrading treatment, including with regard to violence against women and children. Further, it acknowledged the delegation's statement that the Code of Criminal Procedure would be likewise revised over the course of 2007. The Committee welcomed the creation of the Ministry for National Solidarity, Human Rights and Gender, the Government Commission on Human Rights and the Centre for the Promotion of Human Rights and the Prevention of Genocide.

The Committee remained concerned, however, by the lack of specific provisions in Burundi's Penal Code to define and criminalize torture, and the lack of clarity surrounding the status of the Convention in domestic law. It noted with concern that the rules concerning detention did not explicitly require that detainees be notified of their rights, and was alarmed by information received that torture was a widespread practice in Burundi and that, indeed, there had been hundreds of cases of torture committed between July 2005 and July 2006 â€“ a fact which the State party did not contest. +In addition, it was extremely concerned by reports concerning a high number of forced disappearances, arbitrary arrests and secret detentions committed by the National Information Service. The Committee was worried by the double mandate of the Information Service, which was charged both with ensuring State security and judicial police functions, a combination that entailed a high risk that such an entity would be used as an instrument of political repression. It was further alarmed by reports of large scale sexual violence against women and children by State agents and armed groups, as well as recourse to systematized rape as a weapon of war, which was a crime against humanity. The Committee was extremely concerned that the perpetrators of such acts enjoyed apparent impunity.

Concerned by the dependency of the judiciary on the executive branch, the Committee urged Burundi to adopt measures to guarantee the independence of the judiciary. It further recommended that Burundi put in place and promote an effective mechanism mandated to receive complaints of sexual violence, including those occurring within the penitentiary system, and to investigate them. In particular, it urged the State party to look into setting up a national monitoring system for places of detention and to institute a follow-up procedure. As a matter of urgency, Burundi needed to take measures to combat impunity, in particular through the establishment of transitional justice mechanisms "a commission for truth and reconciliation and a special tribunal" as recommended by the Security Council in its resolution 1606 (2005).

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Burundi, human rights, Current Affairs, Politics, Africa

UN urges South Africa to prosecute Apartheid torturers

2006-11-25T01:29:00.000-08:00

From www.news24.com

Geneva - South Africa should put those suspected of torturing prisoners under apartheid on trial and pay compensation to victims, said a United Nations human rights body on Friday.

While welcoming the work of SA's Truth and Reconciliation Commission (TRC), which probed apartheid era crimes, the UN committee against torture said "de facto impunity" persisted for those responsible for acts of torture.

"(South Africa) should consider bringing to justice persons responsible for the institutionalisation of torture as an instrument of oppression to perpetuate apartheid," the committee said in its first report on SA.

Its conclusions were issued at the end of a three-week meeting, at which its 10 independent experts examined the records of seven signatory countries to the 1984 anti-torture treaty - Burundi, Guyana, Hungary, Mexico, Russia, South Africa and Tajikistan.

Plans to charge leading perpetrators of apartheid

The TRC was set up by former president Nelson Mandela to probe crimes committed on both sides of the apartheid struggle. It completed its work in 2003.

The TRC granted amnesty to about 1 000 applicants but many perpetrators snubbed attempts at the truth. Although it asked police to investigate several hundred suspects, only a handful have since been tried.

SA's chief prosecutor said recently that he planned to charge some of the leading perpetrators of apartheid crimes, although critics have said it may be too little too late.

The UN body, which monitors compliance with a global treaty banning torture and other cruel or inhuman treatment, also expressed concern at the high number of deaths in detention and at overcrowding in jails in today's SA.

It said it was worried by "widespread" acts of violence against women and children, especially rapes and domestic violence, and the lack of any effective state policy to combat the problem.
human rights, Current Affairs, Politics, Africa

CNDD-FDD government murders 16, jails journalists who exposed ruling party's lies

2006-11-22T11:35:00.000-08:00

The day after Amnesty International revealed more details about the 16 alleged "FNL suspects" murdered by Burundian security forces in August, the Burundian government has jailed two journalists from the country's leading independent radio station, Radio Publique Africaine, who helped expose fraudulent claims by the ruling CNDD-FDD party of an alleged coup plot.

In August, senior members of every major opposition party in Burundi - together with leaders of several more minor parties - were arrested and charged with conspiring to overthrow the government. The authorities have failed to present any evidence to support these charges, which are widely believed to be nothing more than a pretext for suppressing the political opposition.

At the same time as journalists and democratically elected politicans have been imprisoned without trial, and "FNL suspects" extrajudicially murdered, the Burundian government has offered immunity from prosecution to the leadership of Palipehutu-FNL, the group which carried out the Titanic Express and Gatumba massacres.

Click here to email CNDD-FDD spokesman Willy Nyamitwe, urging his government to free Serge Nibizi and Domitile Kiramvu, and end the suppression of the independent media in Burundi.

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Burundi, human rights, Current Affairs, Politics, Africa

Free Serge Nibizi and Domitile Kiramvu!

2006-11-22T11:31:00.000-08:00

From Reporters Sans Frontieres

Two radio journalists jailed in Bujumbura on state security charge

Reporters Without Borders condemns today’s arrest of Serge Nibizi, editor-in-chief of privately-owned Radio Publique Africaine (RPA), and Domitile Kiramvu, one of his journalists, on charges of “disseminating news threatening state security” and “violating the confidentiality of a judicial investigation.”

“President Pierre Nkurunziza claims to be committed to democratic values, so he should realise that throwing two journalists in prison for purely political reasons, before they have been tried, is contrary to all democratic standards,” the press freedom organisation said.

“Burundi’s donors must put pressure on the president’s office to have Nibizi and Kiramvu released and to have Burundi’s laws amended, as it is unacceptable for journalists to be treated like criminals over the least complaint,” Reporters Without Borders added.

At the end of the afternoon of 21 November, Nibizi, Kiramvu and a third RPA journalist, André-Palice Ndimurukundo, received a summons to report to the Bujumbura prosecutor at 2 p.m. that day. As it was already too late, they went the next morning (yesterday morning). Nibizi and Kiramvu were charged, and were taken to Mpimba prison, while Ndimurukundo was released.

The arrests appear to have been prompted by Kiramvu’s comments on the air last August criticising articles in the fortnightly Intumwa (The Messenger), the mouthpiece of the ruling CNDD-FDD party, that detailed evidence against alleged coup plotters although the case has not yet been sent for trial.

When President Nkurunziza gave a press conference during a visit to Paris on 9 November, Reporters Without Borders asked him about the climate of hostility between the ruling party and Burundi’s privately-owned media. In reply, he insisted on his commitment to press freedom and added, “if ever there was a country in which relations between government and press are peaceful, it is Burundi.”

Burundi, human rights, Current Affairs, Politics, Africa

Burundi government makes renewed promise on war crimes tribunal...

2006-11-14T04:04:00.000-08:00

With regard to the Gatumba massacre, the delegation said the State had issued a report which concluded that members of the Palipehutu FNL had been found guilty of these crimes. Now that there had been a ceasefire signed with this group, these cases were pending and would be looked at when a tribunal for war crimes was established. http://www.nieuwsbank.nl/en/2006/11/10/L018.htm

...but serious doubts remain about the seriousness of this commitment:

More than a year after the CNDD-FDD party came to power in Bujumbura, negotiations between the Burundian government and the UN on the creation of semi-international legal institutions have come to a standstill. The criminal proceedings mechanism envisaged by the United Nations has been rejected by the new government, which is responsible for an increasing number of human rights violations. The government feels that the chief objective of the second mechanism, a truth and reconciliation commission, should henceforth be to pardon, which the UN views as amnesty. Thus the hope for justice for mass crimes committed in Burundi over the past forty years seems to be dwindling.
http://www.justicetribune.com/?page=v2_article&id=3594

Burundi, human rights, Current Affairs, Politics, Africa

FNL demand "total immunity" from prosecution

2006-11-12T11:29:00.000-08:00

From BBC Afrique: Burundi : amnistie "provisoire" pour les rebelles des FNL

L'Assemblée nationale s'est prononcée pour un projet de loi accordant une immunité "provisoire" aux rebelles des Forces nationales de libération (FNL).
Le vote de ce texte s'inscrit dans le cadre de l'accord de cessez-le-feu conclu le 7 septembre entre le gouvernement et les FNL, dernier mouvement rebelle encore en activité dans le pays.

"L'immunité provisoire accordée aux rebelles des FNL couvre les infractions à mobile politique commises entre le 1er juillet 1962 (indépendance du Burundi) et le 7 septembre dernier", a précisé la ministre burundaise de la Justice, Mme Clotilde Niragira.

Elle a cependant relevé que cette loi ne concerne pas les crimes de génocide, les crimes contre l'humanité et les crimes de guerre.

Les rebelles conditionnaient leur participation à la commission de vérification de l'application du cessez-le-feu à une "immunité totale" en leur faveur.

Pasteur Habimana, le porte-parole de la rébellion, s'est voulu prudent.

"On attend que la médiation apporte au président des FNL le texte dont il est question", a déclaré Pasteur Habimana à la BBC depuis Dar-Es-Salaam.

Il a, par ailleurs, accusé le gouvernement de ne pas respecter ses propres engagements.

Le Burundi tente péniblement de tourner la page d'une douzaine d'années de guerre civile.
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Burundi, human rights, Current Affairs, Politics, Africa

UN "peacekeeping troops" supply weapons to Hutu extremist killers in Burundi

2006-11-02T01:37:00.000-08:00

In an exposé that has left South Africa's defence minister, Mosiuoa Lekota, raging, South Africa's "Star" newspaper has revealed that millions of rands worth of guns, bombs, military vehicles and ammunition have been "lost" by South African peacekeeping troops in Burundi. A stash of 50 of the missing mortar bombs were found in the hands of Agathon Rwasa's Palipehutu-FNL, which has killed hundreds of civilians in recent years. Amid longstanding rumours of corrupt links between South African UN employees and the Hutu-extremist militia group, these revelations will be of little surprise to many in Burundi.

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Burundi, human rights, Current Affairs, Politics, Africa

UN initiates arms trade treaty

2006-10-28T11:27:00.000-07:00

From BBC Online

A United Nations committee has voted overwhelmingly to begin work on drawing up an international arms trade treaty.

The measure would close loopholes in existing laws which mean guns still end up in conflict zones despite arms embargoes and export controls.

It could also stop the supply of weapons to countries whose development is being hampered by arms spending.

Only the US - a major arms manufacturer - voted against the treaty, saying it wanted to rely on existing agreements.

A total of 139 states voted for the motion. There were 24 abstentions.

Major weapons manufacturers such as Britain, France and Germany voted to begin work on the treaty, as did major emerging arms exporters Bulgaria and Ukraine.

Russia and China, also major arms manufacturers, were among the countries to abstain.

UK Minister for International Development Gareth Thomas said an international treaty was the best way to curb the supply of weapons.

"All countries should support such a treaty as it offers the hope of a safer world where children are not scared to go to school," he said.

'Suppliers club'

The UN secretary general has one year to produce a report on how to introduce common international standards for the import, export and transfer of conventional arms.

The BBC's Laura Trevelyan at the UN says it could be years before an international arms trade treaty is actually agreed - but this vote is an important first step.

Globalisation has made existing export controls inadequate, our correspondent says - often, a weapons company with its headquarters in a country with strict export controls will manufacture components in nations with lax laws.

Some developing countries fear a treaty will just create a cartel or a suppliers' club for the major weapons exporters, our correspondent adds.

Human rights organisations have welcomed the move.

A new treaty would close loopholes in existing laws

Amnesty International described the vote as "an historic opportunity", saying "any credible treaty must outlaw those transfers, which fuel the systematic murder, rape, torture and expulsion of thousands of people".

One of those campaigning for the treaty was Richard Wilson, whose sister was taken from a bus and shot dead in 2000, while working in Burundi as a school teacher. (nb - although Charlotte Wilson was killed in Burundi, she was actually based in Rwanda)

He told the BBC's World Today that the major arms exporting countries had to acknowledge their role in providing weapons to the poorest parts of the world.

"The attackers fired off nearly 1,000 rounds of ammunition. This is in the poorest country in the world.

"That says something about the easy availability of weapons, and anything that can be done to reduce that can help to prevent at least some of these tragedies in the future," he said.

Nobel peace prize winners, including Archbishop Desmond Tutu, have also backed the idea of such a treaty.

BBC defence and security correspondent Rob Watson says any eventual treaty faces many hurdles, including the question of how to stop those shady international arms dealers who are not in the habit of obtaining export licences?

Assurances will also need to be provided to arms exporters like Russia and China and emerging manufacturers that any treaty is not aimed at damaging their arms industries, our correspondent adds.

Arms Trade, human rights, Current Affairs, Politics, Africa

Net closing on DRC gunrunners as millionaire UK arms merchant raided by anti-fraud investigators

2006-10-24T06:50:00.000-07:00

From The Guardian

The British home and headquarters of a millionaire arms broker have been raided by the Serious Fraud Office, which is investigating corruption allegations against Britain's biggest military exporter BAE.

John Bredenkamp is BAE's agent in southern Africa, and is understood to have received large sums in confidential commission payments. One of the African deals the SFO is investigating is the government-backed £1.6bn sale of Hawk aircraft to South Africa in 2001.

Sources close to Mr Bredenkamp denied last night that he played any role in the South African sale. They said the SFO search warrant related to a Bredenkamp-controlled company with which BAE has had dealings, and a number of other companies. The sources said Mr Bredenkamp's Knightsbridge town house in London and his Berkshire offices were raided by a joint SFO-Ministry of Defence police force, and computers and files were taken away.

Mr Bredenkamp was said to be abroad at the time. The 66-year-old South African born tobacco farmer and rugby player, who has a fortune estimated at more than £700m, has been a close associate of the Mugabe regime in Zimbabwe. He is variously claimed to hold British, Zimbabwean, South African and Dutch passports.
The raid marks a switch of focus by the long-running SFO inquiry into secret payments by BAE. The investigation began with inquiries into claims of a £60m "slush fund" used by BAE to pay off Saudi Arabian dignitaries. The SFO moved on to investigate evidence alleging BAE paid more than £1m to Chile's ex-president General PInochet and then, earlier this year, to investigate claims that more than £7m of secret commission had been paid via an agent to cement the sale of two second-hand Royal Navy frigates to Romania.

The disclosure that the SFO is now investigating arms deals in southern Africa will be sensitive for the government. Tony Blair personally threw his weight behind the Hawk deal, and ministers insisted no corruption was involved. The Guardian disclosed more than three years ago that millions of pounds in secret commission had been paid by BAE.

Yesterday, Whitehall sources disclosed that BAE, which received government-backed loan guarantees for the sale to President Mbeki's ANC administration, admitted at the time that it intended to pay commissions totalling 12%, almost £200m. After the trade department's export credit agency refused to cover such large payments, BAE reduced the level of commissions to 7%.

The Serious Fraud Office said yesterday: "As part of an ongoing investigation into suspected corruption relating to defence contracts where BAE Systems is the prime contractor, four premises were searched on October 17 2006. They were two business addresses in Berkshire, a business address and a residential address in London. No one was arrested." Last night BAE said: "As this matter is an ongoing investigation we can make no further comment at this stage."

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Sliding towards yet another general amnesty? UN peacebuilding commission plays down Burundi's endemic corruption, eulogises on "restorative justice"

2006-10-17T07:38:00.000-07:00

The UN's new "peacebuilding" commission has begun its work on Burundi, with discussions focussing on the Burundian government's demands for international aid. No mention was made of the resignation of the country's Vice President Alice Nzomukunda in protest at the recent series of corruption scandals, arbitrary arrests, and attacks on press freedom. No mention was made of the much-promised special court to prosecute the war crimes, crimes against humanity and genocide that have claimed more than 300,000 lives since 1993. Instead, participants discussed plans for an amnesty-wielding "truth and reconciliation commission" and "the virtues of restorative justice as opposed to justice of retributive nature".

Burundi, human rights, Current Affairs, Politics, Africa

Burundi government "playing with fire" - CPJ

2006-10-01T02:48:00.000-07:00

From News 24

Nairobi - The head of a private radio station in Burundi has gone into hiding after intimidation from a government increasingly accused of suppressing freedom of expression, an international media watchdog has said.

The New York-based Committee to Protect Journalists said Alexis Sinduhije, who runs Radio Publique Africaine (RPA), was on the run after a minister linked his station to one in neighbouring Rwanda notorious for inciting the genocide in 1994.

"The government of Burundi is playing with fire by invoking the spectre of genocide to intimidate a highly respected radio station whose programmes have helped the nation heal its ethnic divisions," said the Committee's executive director Joel Simon.

"We call on the government to publicly express its support for RPA, guarantee the safety of its employees, and refrain from making inflammatory statements," he added.

The Committee quoted Burundi's Communications Minister Ramadhani Karenga as saying Sinduhije's station was "like RTLM".

That was a reference to Radio Television Libre des Mille Collines which broadcast exhortations to exterminate "cockroaches" prior to the slaughter of 800 000 Rwandan Tutsis and moderate Hutus.

Sinduhije won the Committee to Protect Journalist's (CPJ) press freedom award in 2004.

"He has now gone into hiding for the second time in less than two months, fearing for his safety," the group said.

"CPJ sources in Bujumbura confirmed that RPA had been subject to intimidation and harassment, and that government officials had accused the station of working for the opposition."

Officials in President Pierre Nkurunziza's government were not immediately available for comment.

Nkurunziza won elections a year ago at the culmination of a UN-backed peace process intended to put an end to ethnic strife that killed some 300 000 people since 1993.

Initially hailed as an African success story, his administration is now under fire from critics over a crackdown on political opponents, activists and journalists.
Burundi, human rights, Current Affairs, Politics, Africa

FNL Fighters Assemble But Continue to Tax Civilians

2006-09-23T02:14:00.000-07:00

From IRIN

Residents of two Burundian provinces that are strongholds of the Forces nationales de libération (FNL) rebel group, which has agreed a ceasefire with the government, have expressed concern over continued 'taxation' by the rebels.

The residents are also worried that the FNL is recruiting civilians to its ranks "as potential beneficiaries of demobilisation fees".

The FNL, led by Agathon Rwasa, and the government signed the ceasefire agreement on 7 September in Tanzania's commercial capital, Dar es Salaam. Since then, FNL combatants have appeared in their strongholds of Bubanza and Bujumbura Rural, awaiting cantonment. The latter surrounds the capital, Bujumbura.

Previously, FNL fighters operated from a nature reserve on the border with the Democratic Republic of Congo (DRC). Now they are turning up in villages, wearing military fatigues, in search of food, which is alarming the population, especially in Bujumbura Rural.

Although hostilities have ceased since the signing of the ceasefire, residents of Nyabiraba, Muhuta and Mutimbizi villages, all in Bujumbura Rural, have said the FNL fighters have been collecting "taxes", ranging from US $0.50 to $1.50 per cow, while recruiting civilians as potential beneficiaries of the demobilisation process.

"The situation could worsen if the FNL combatants are not quickly reintegrated from designated demobilisation centres," Pascal Nyabenda, the governor of Bubanza, said.

Nyabenda criticised the FNL leaders for failing to hold discussions with local authorities on ways to assemble and feed the combatants. He urged the government to provide food for the combatants to prevent them from stealing from civilians. Nyabenda said a team was needed to monitor the enforcement of the ceasefire accord between Rwasa's FNL and the government.

Some 169 FNL fighters had assembled in Mpanda District over the weekend but police dispersed them on Monday. In Bubanza, the fighters emerged from hideouts in Musigati District. Another 400 armed combatants, loyal to an FNL faction led by Jean-Bosco Sindayigaya, have assembled in Rumonge Commune in the southern province of Bururi.

However, some of Sindayigaya's fighters are resisting demobilisation. "Cantonment is premature at this time because our wing has not yet negotiated with the government," Edmond Mbonyingingo, a commander in the faction, said.

On Friday, a spokesman in the Ministry of Home Affairs and Public Security, Ildephonse Mushwabure, urged FNL combatants to stay where they were, pending cantonment.

South Africa, the mediator in the Burundi peace process, has said negotiations with Sindayigaya's FNL would take place after the signing of a ceasefire. A joint government-FNL team to implement the accord was to have been set up seven days after the signing but is not yet in place.

The accord stipulates that the FNL combatants assemble at designated points 14 days after the signing but these points have not been identified. Moreover, the accord provides for a 21-day period to demobilise the fighters and group those scheduled for integration in the national police and defence forces.

The timetable sets the end of the disarmament, demobilisation and reintegration (DDR) process at 30 days after the signing of the accord.

A DDR communications officer, Augustin Nzabampema, said a team was ready to demobilise FNL combatants after their assembly and cantonment. In addition, army spokesperson Lt-Col Adolphe Manirakiza said the military would enforce the accord and thus ensure the success of the peace process.

Burundi, human rights, Current Affairs, Politics, Africa

"Burundi totters on the brink of chaos"

2006-09-19T00:52:00.000-07:00

From The East African

BURUNDI STILL FACES many obstacles in its quest for peace, despite the recent historic signing of a peace agreement between the government and the last holdout rebel group – the Forces for National Liberation (FNL).

Indeed, the ceasefire deal came against the background of rising political tensions in the country.

Analysts now say that unless the underlying causes of the tensions are addressed, the peace deal will not hold for long.

Early last month, the Burundi government carried out a wave of arrests of prominent opposition politicians, accusing them of plotting a coup.

So far, the government has not produced any evidence to back up the arrests, whose suspects include former president Domitien Ndayizeye and former Vice-President Alphonse Marie Kadege.

These events have taken place in a climate of deepening distrust between the government on one hand and the political opposition and the press on the other.

According to observers, this is hardly the environment to nurture a lasting peace agreeement.

The root cause of the the crisis in Burundi is the inability, or unwillingness by the ruling elite to share power and resources in accordance with a power-sharing formular agreed several years ago.

Indeed, relations between the government, led by the National Council for the Defence of Democracy-Forces for the Defence of Democracy (CNDD-FDD), deteriorated shortly after elections in 2005.

After winning a majority in local as well as parliamentary elections, the CNDD-FDD did not conform to the constitutional provisions regarding the distribution of ministerial seats, which was supposed to be based on the respective parties’ strength in parliament.

Three ministries who were supposed to have have been given to his main competitors – UPRONA and FRODEBU – were surprisingly given to smaller Tutsi parties.

The decision-making process in government has also been characterised by a lack of inclusion, as some major policy decisions were not debated either in the council of ministers or presented to parliament for approval.

Consequently, FRODEBU decided to drop out of President Pierre Nkurunziza's government in March 2006.

More problems emerged as the ruling party started experiencing internal divisions. Two weeks ago, the Vice-President Alice Nzomukunda, one of the leading figures in the CNDD-FDD, resigned, accusing her party of mismanagement.

Critics have also accused the ruling party of disrespect for the rule of law.

Soon after its inauguration, the government launched military operations against the last remaining rebel group, the Palipehutu-FNL.

IN THE COURSE OF THESE operations, it arbitrarily arrested several hundred civilians suspected of colluding with the rebels.

The National Intelligence Service has been directing the crackdown on political dissenters.

Human rights groups and the UN have documented numerous cases of torture and extrajudicial execution perpetrated by security agents during the crack-down.

Intelligence officers also tortured three of the Tutsi suspects in the coup plot, rekindling fears of ethnic violence for the first time in several years.

Neither has the government performed any better in the area of economic governance. The ruling party has been widely criticised for interfering in public procurement, fuelling suspicions that the CNDD-FDD is using state offices to fill party coffers.

Already, both the European Union and the World Bank have expressed concern at corruption. The bank has suspended part of its budgetary aid pending an audit of some of the project it supports.

According to the new constitution, the president is elected by the national assembly, and he in-turn names two vice-presidents from different ethnicities and political parties.

Ministerial positions are then allocated based on how many seats each party has in parliament. Parties with more than five per cent of the vote have a right to at least one of the 20 seats in government.

The first altercation between the parties in government arose due to appointment of vice-presidents and ministers, whom the president hand-picked himself, in some instances without conferring with the political parties of the appointees.

Nkurunziza named Martin Nduwimana and Alice Nzomukunda, from the UPRONA and CNDD-FDD parties respectively, as first and second vice-presidents.

This was interpreted by FRODEBU as a deliberate snub, as it is by far the second strongest party with 30 out of 118 seats in parliament.

Nonetheless, the decision conformed to the letter if not necessarily to the spirit of the constitution, as the president is free to nominate anybody as long as they are from different ethnic backgrounds and political parties.

Nkurunziza also did not consult with UPRONA before nominating the Minister of Planning, Marie Goreth Nizigama, which, although again not in violation of the constitution, led to Nizigama not being initially recognised by her own party leadership.

The second conflict arose due to the nomination of ministers. Given the strength of the respective parties in parliament, five ministers should have come from FRODEBU and two from UPRONA.

Instead, however, only three FRODEBU ministers and one from UPRONA were appointed while three parties that had fewer than five per cent of seats in parliament – Party for National Recovery (PARENA), Movement for the Rehabilitation of the Citizen (MRC) and Inkinzo PARENA, MRC and Inkinzo – were granted one seat each.

The ruling party has argued that it did so to include smaller parties in the running of the country, but it was telling that the redistribution only affected UPRONA and FRODEBU positions, while CNDD-FDD kept their full portfolio of seats.

This act was clearly unconstitutional, and FRODEBU filed a case with the constitutional court.

After a month of deliberation, Nkurunziza changed two of the members of the constitutional court. Subsequently, the court issued a verdict against FRODEBU, arguing that, even if FRODEBU was right, by declaring the appointment of the relevant ministers as unconstitutional, all of these ministers’ decrees and decisions since they came into office would have to be invalidated, which could cause a crisis in government.

It also emerged that in implementing these nominations, the ruling party had manipulated internal divisions within FRODEBU, as the party was split into a faction led by Jean Minani and another led by Leonce Ngedakumana, who was voted to replace Minani at the head of the party in late 2005.

IN MARCH 2006, THE TENSIONS between these two rival parties led to the departure of FRODEBU from government. Tellingly, their three ministers in government refused to resign and continue to hold their positions.

Major disagreements also arose with regard to nominations of people to senior positions in government.

According to the constitution, the president has the the right to name governors, judges of the Supreme Court and Constitutional Court, directors of state companies and high-ranking administrative officials.

In some cases, the head of state must consult the vice-presidents, and all the appointments must be approved by the senate.

But the system has not worked because of the lopsided nature of power where 65 per cent of the senate is composedof CNDD-FDD members.

Although one of the vice-presidents is from UPRONA, he has never turned down the nomination of officials.

The CNDD-FDD’s control over these appointments has led to sweeping changes in public administration with most positions going to the CNDD-FDD.

In July 2006, three FRODEBU communal administrators were dismissed by the governors of Bujumbura town and Bujumbura Rural respectively, based on accusations of corruption and disobedience.

The administrators were members of FRODEBU, while the governors belong to the CNDD-FDD. As the minister of the interior later explained, the dismissals were in violation of the communal law, as the administrators are appointed and replaced by the communal councils, which in these cases had not been consulted properly.

Despite the remonstration by the minister, new administrators from the CNDD-FDD were appointed shortly afterwards and approved by the communal councils.

The regime of repression has also targeted civil society actors. In May, Terence Nahimana, a local NGO leader, was arrested for threatening state security after he warned that the Burundi government could invade the Congo in pursuit of the FNL. He has been in preventive detention since. His trial has been set for November 23.

Indeed, the fierce rivalry between CNDD-FDD and FRODEBU, the two main Hutu parties, has created a climate of insecurity that has been unprecedented since the last elections.

It is an environment where all deaths and kilings are interpreted in the context of this rivalry.

On May 31, 2005, unidentified assailants killed a CNDD-FDD candidate in Bujumbura Rural. On June 2, 2005, two FRODEBU candidates and eight supporters in Bubanza Province were assassinated and, several weeks later, there was a grenade attack on a bar in Bujumbura owned by a prominent FRODEBU politician where two of the party's members were killed.

The transition to democracy has also been undermined by a weak and divided opposition.

When the CNDD-FDD took power in September 2005, its main opposition came from the other main traditionally Hutu party – FRODEBU.

While Nkurunziza’s party is just short of the two thirds majority it requires to pass laws, its competitors are two weak and internally divided to put up much resistance.

His party's dominance in the eight parliamentary commissions, all of which are presided over by CNDD-FDD parliamentarians, has strengthened its grip over the legislature. A review of laws passed since the inauguration of the government shows little to no dissent to any of the legislation signed.

Parliament has also not lived up to its duty of supervising the executive.

Similarly, the president has until now easily obtained the requisite signatures of his two vice-presidents – Martin Nduwimana from UPRONA and Alice Nzomukunda from CNDD-FDD – he needs to issue decrees.

FRODEBU entered the new parliament weakened by an internal leadership struggle between Minani, who was the president of the party during the transition, and Ndengakumana, who replaced him in late 2005.

Despite the restructuring of the party in 2005, it retains weak control over its members.

Three of its parliamentarians have defected from the party. Of its remaining 27 members in the national assembly, around half do not follow Ndengakumana’s lead in voting.

When FRODEBU decided to withdraw from government in March, over half of its members in the national assembly wrote a letter in protest.
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Justice for the victims of Itaba

2006-09-12T02:06:00.000-07:00

September 9th marks the fourth anniversary of the Itaba massacre by Burundian army forces, in which at least 174 civilians were killed.

From Human Rights Watch: "Escalating violence demands attention"

Soldiers shot some of the civilians as they fled. They forced others who were hiding in houses to come out, robbed them, then ordered them back into the houses where they killed them. In some cases, those with sufficient money were able to buy their own safety or that of others. One elderly man tried to negotiate with soldiers to save the lives of some forty people who had taken refuge in his house. The soldiers accepted his payment of 60,000 Burundian francs and spared his life but killed all the others.

Another group hiding in a house heard people nearby being killed. Believing that the soldiers had mistakenly taken the victims for rebels, they sought to avoid the same fate by coming out shouting that they were civilians. The soldiers robbed them of everything in their pockets, made them lie down, and shot them all. Only one member of the group survived to tell the story.

One woman was returning from a visit to her father's house accompanied by her twenty-one-year-old daughter when she met a group of soldiers who demanded money. The mother had nothing with her but promised to bring them 5,000 Burundi francs from her nearby home. The soldiers told her to go fetch the money but insisted on keeping her daughter with them. En route back to where she had left her daughter, the woman came across the soldiers and gave them the money. When she asked where her daughter was, they told her to go find her where she had left her. She found the young woman with her skull crushed. She ran to her brother- in-law's house where she found both him and his wife dying in front of their house, both with their skulls crushed. She also found a second brother- in-law dead.

The condition and location of bodies seen by officials and local people in the days following the killings substantiated the account of a deliberate massacre. Some bodies were scattered on the hill, the victims having been shot or hit by grenade or other projectiles. Groups of ten to thirty-four bodies were found in burnt houses. Other bodies were found in houses that had not been burned. The majority of persons killed were on Kanyonga hill; the rest were on Kagoma hill.

Partial records of care delivered at a local health center also substantiate the local descriptions of the massacre. Among the persons treated in the days immediately following the attack were children aged four, five, seven, nine, and fifteen years old, all suffering from either gun shot wounds or burns.

Some 250 houses were burned wholly or in part and a much smaller number were damaged by bullets or other projectiles. Several had the roofs burned and bodies inside, confirming reports that soldiers burned houses with people inside them.

According to a report by the minister of the interior and public security, 174 persons were killed in the massacre, all but one of them known by name to local residents or authorities. The unidentified person, presumably from elsewhere, might have been an FDD combatant. According to one official, virtually all the civilians present at the time of the attack were killed.

Local people buried the victims on September 12 and 13, at the direction of civilian and military officials. Witnesses said that in some cases, where a large number of bodies were found in a house, soldiers simply threw grenades at the house, causing it to collapse on the bodies. They claim that many more than the official number of victims were killed at Itaba, some of them now buried in the remains of their houses.

Burundi, human rights, Current Affairs, Politics, Africa

"Burundi President tells a strange story"

2006-08-29T01:40:00.000-07:00

From www.allafrica.com

Chege Mbitiru
Nairobi

Burundi has been in the news lately. Unfortunately the reasons aren't good. Some are bizarre. Hopefully, these aren't signs of another round of blood-letting.

President Pierre Nkurunziza told a strange tale on July 3.

The state radio reported him accusing unnamed politicians of plotting his overthrow. He said the plotters were known to police and military. The president effused magnanimity. He said he was trying to talk them out of bad ways. Apparently the sweet talk didn't work. Nearly a month later, police made arrests, including an ex-vice president. A week today, quite a wait, police got their big catch: former President Domitien Ndayizeye.

Media reports indicate Mr Nkurunziza and his security chief are pleased with the crackdown. The government is safe.

But, presidents don't go on radio and tell coup plotters "I know you" and then sweet talk them into reforming. Nor do intelligence chiefs give coup plotters time to refine plots. Moreover, coup plotters aren't so dumb as to sit around and wait to be rounded up, not even in Burundi.

On Thursday, the suspects, including Mr Ndayizeye, appeared in court. Journalists were locked out. Three radio stations got a scoop. The key witness in the alleged plot, Mr Alain Mugabarabona, gave a jailhouse interview. He was tortured to tell lies, he said.

Things weren't adding up for the government. Fairness though awards it the benefit of doubt. Mr Nkurunziza looked at his options and decided to sweet talk alleged plotters first. The alleged plotters were over confident. Any of these scenarios are implausible. Something is afoot.

Political indicators were that Burundi was headed to normalcy following the October 2001 formation of a transitional government. Tanzania's late President Julius Nyerere and former South Africa President Nelson Mandela deserve credit.

The two leaders painstakingly - Mr Mandela reportedly overbearing sometime - got Tutsi hardliners to acknowledge periodic butchery of majority Hutus wasn't a viable form of governance and Hutus to see vengeance was counterproductive.

The result was a complicated government structure to ensure power-sharing between the minority Tutsis - who have always dominated all aspects of Burundi's life since independence, in 1962, from Belgium - and majority Hutus.

The balance of power is such that the commander of the 5,600-strong UN peace force, Major General Derrick Ngwebi, last week didn't think a coup was sustainable.

As leader of the largest armed Hutu rebel group, the Forces for Defence of Democracy, the FDD, President Nkurunziza initially held out together with Mr Agathon Rwasa's Forces for National Liberation, the FNL. In 2003, Mr Ndayizeye and Mr Nkurunziza, both Hutus, patched up things. An end to the latest round of bloodletting that began in 1993 and has claimed some 300,000 lives appeared around the corner.

After all, the latest Tutsi military coup-maker, President Pierre Buyoya, had stepped down on schedule. Mr Ndayizeye took over as planned. A year ago, Mr Nkurunziza became president after FDD's electoral victory. The United Nations talked of reducing its force.

However, the FNL continued fighting, despite Mr Nkurunziza's overtures. The president's response was a military offensive. His explanation in December was "the FNL no longer has a reason to fight."

Certainly! Other than Mr Rwasa's ego, there's precious little for FNL to fight for. Some of its demands, like the disbanding of the army, are outright silly and indicative of its leaders' political immaturity. Unfortunately, the offensive against the FNL brought back the old nasty habits in security forces. Last November the New York-based Human Rights Watch accused the forces of summary executions and torture of civilians suspected of being FNL collaborators.

At the same time, Mr Ndayizeye's party, Frodebu, expressed similar views. Mr Ismail Diallo, a UN human rights official in Burundi, was blunt. The human rights situation in Burundi was "catastrophic", he said.

Things seem to have only got worse. Early this month, 10 human rights organisations in Burundi demanded the government halts inhumane and degrading treatment of individuals suspected of the alleged coup plot. Last Wednesday, it emerged seven people were last month taken from police custody to a military camp and later found dead and thrown into a river.

On the same day, Ms Francoise Ngendahayo, human rights minister, said she had seen aftermaths of beatings of detainees in prison. Government spokesperson, Mr Ramadhan Karenga, issues denials. Too many people and organizations can't tell lies all the time.

Complexities in Burundi's politics are out of proportion, considering the country's size and population. Undoubtedly, Mr Nkurunziza has enemies galore and need to fight for political survival. It would be na?ve also to assume diehard Tutsis aren't plotting the fall of a Hutu-led government.

On the other hand, for Mr Nkurunziza adopts nasty tactics, which most Burundians and people in the region are fed up with and will only discredit him and take the country back to the dark days. That's the message regional leaders should deliver to Mr Nkurunziza.

Mr Mbitiru is a freelance journalist.

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Associated Press negationist over Burundi killings?

2006-08-23T01:03:00.000-07:00

A series of reports by Aloys Niyoyita of the Associated Press news agency have attempted to downplay the reality of Burundi's ethnically-motivated killings since 1993. Niyoyita has repeatedly claimed that most of the several hundred thousand civilians killed in Burundi "died from disease and hunger", making no mention of the ethnic massacres that have plagued the country in recent years.

Niyoyita also states the resulting death toll as "more than 250,000", where most sources put the figure at 300,000.

Niyoyita's claim that most of those killed in Burundi died through "disease and hunger" looks decidedly odd when compared with the information presented by human rights groups and other mainstream news outlets.

A number of sources state that 150,000 Burundians were deliberately killed in ethnic massacres between 1993 and 1996 alone. For example:

"In the past three years, more than 150,000 Burundians have been victims of massacres" - CNN, July 22 1996: http://edition.cnn.com/WORLD/9607/22/burundi.aftermath/index.html

"The human rights abuses suffered by refugees who have been forced back to Burundi form part of a continuing pattern of atrocities taking place in the country, which has seen more than 150,000 men, women and children killed since 1993.", - Amnesty International, 21 November 1996 http://web.amnesty.org/library/Index/ENGAFR160351996?open&of=ENG-351

Most reports also now put the current death toll at significantly more than 250,000, eg:

"within months Ndadaye had been assassinated, setting the scene for years of Hutu-Tutsi violence in which an estimated 300,000 people, most of them civilians, were killed." - BBC, 18 July 2006
http://news.bbc.co.uk/1/hi/world/africa/country_profiles/1068873.stm

"In 1993, it plunged into all-out civil war in which some 300,000 people were killed" - Reuters Alertnet, undated: http://www.alertnet.org/printable.htm?URL=/db/crisisprofiles/BI_REC.htm

"It is estimated that, since 1993, the hostilities have claimed between 250,000 and 300,000 lives, mostly civilians.", United Nations, December 2003
http://daccessdds.un.org/doc/UNDOC/GEN/N03/634/93/PDF/N0363493.pdf?OpenElement

The Associated Press has declined to comment on Niyoyita's reports, or the basis for his claim that most of Burundi's victims have died from disease or hunger rather than being deliberately killed.

Burundi, human rights, Current Affairs, Politics, Africa

Van Eck calls for clarification over alleged SA involvement in "fake" coup

2006-08-19T02:58:00.000-07:00

From SA Mail and Guardian

Claims that two South Africans -- one working for the country’s embassy in Bujumbura and the other an intelligence agent from Pretoria -- have been involved in concocting a fake coup in Burundi resurfaced this week.

Fifteen opposition leaders, including a former vice-president and army officials, were accused at the end of last month of plotting a coup against Pierre Nkurunziza’s almost year-old Burundian government.

Only eight men were arrested and are still in detention amid continuing allegations by human rights groups of torture.

Well-placed sources this week maintained that the South African agents worked with Burundi’s internal intelligence agency to organise what they called a “fake” coup.

An analyst at the Institute for Security Studies in Pretoria, Jan van Eck, who has been deeply involved as a peace broker in the tiny central African state, told the Mail & Guardian that it is “critically important for South Africa’s record in the rest of Africa and its role as a peacemaker in Africa for this allegation to be proven wrong”.

One of the men who was initially arrested, but later released, Alexis Sinduhije, respected journalist and owner of an independent radio station, Radio Publique Africaine (RPA), also confirmed the allegations about the two South African agents.

Department of Foreign Affairs spokesperson Ronnie Mamoepa this week said the department was not investigating allegations of South African involvement and denied being aware of any such allegations. “We have not received any such complaints. Therefore your questions are not valid.”

Van Eck has called the coup allegations, made by Burundi’s ruling National Council for Defence of Democracy and Force for the Defence of Democracy (CNDD-FDD), “bizarre”.

“If I look at the politicians who were arrested it is very unlikely that people with diverse political views should plot together,” he said. “The evidence has to be shown surrounding the people arrested, it must be produced urgently to prevent growing speculation that this is an attempt to crush the opposition.”

Sinduhije said he believed that CNDD-FDD party leader Hussein Radjabu was the “mastermind” behind the “false” coup plot. He concurred with Van Eck, saying its aim was to silence the opposition to cover up large-scale government corruption.

Sinduhije explained his presence on the list of coup plotters as being a result of his radio station exposing government corruption and human rights abuse. He further claimed that Radjabu had boasted that South African agents “have a deal with him to help him gather intelligence and assist him in all strategic intelligence”.

Radjabu could not be reached for comment.

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AC Genocide statement on Gatumba

2006-08-19T02:52:00.000-07:00

IL Y A 18 ANS, le groupe terroriste PALIPEHUTU-FNL lançait ses premières massacres à grande échelle contre la minorité tutsi. C'était au nord-est du Burundi, dans les communes de Ntega et Marangara, quand, à partir du 14 aout 1988 et dans les semaines qui ont suivi, des milliers de tutsi innocents furent massacrés sélectivement par cette organisation terroriste

En ce jour de triste commémoration, L'Antenne Régionale de Toronto d'AC-Génocide Canada se joint aux rescapés de ce massacre du PALIPEHUTU-FNL pour honorer la mémoire des victimes du carnage de Ntega et Marangara. Nous prières vont aussi aux autres victimes des atrocités du même groupe terroriste PALIPEHUTU-FNL de toute la région des Grands Lacs est-africains. En effet, les crimes de ce groupe terroriste sans foi ni loi et de surcroit impuni et arrogant, vont au delà des frontières: nous pensons ici aux 152 refugiés tutsi banyamulenge massacrés par le groupe terroriste PAPLIPEHUTU-FNL dans la nuit du 13 aout 2004 dans leur camp de Gatumba.

Cette double commémoration est d'autant plus triste si on considère le peu d'attention que la communauté internationale en tête de laquelle l'ONU a fait montre presque toutes les fois qu'il s'agit d'un problème ayant trait aux atrocités commises contre la minorité tutsi:

- Quand en octobre 1988, le Gouvernement du Burundi dirigé par pierre Buyoya a accordé l'amnistie aux personnes accusées de génocide contre la minorité tutsi dans les communes de Ntega et Marangara, aucune voix discordante ne s'est élevée aux Nations Unies . Cependant, tous les signataires doivent prévoir des sanctions pénales efficaces frappant les personnes coupables de génocide [1]

- En aout 2004 , encouragé par son immunité acquis indument 16 ans auparavant sans qu'il n'en ait même pas fait la demande, le PALIPEHUTU-FNL a récidivé et a tout de suite revendiqué la responsabilité son forfait -- comme s'il avait peur d'être dévancé par une des autres organisations génocidaires qui pullulent dans la sous-région. Le crime a eu lieu à moins d'un 1 km du campement des forces onusiennes stationnées au Burundi, mais elles n'ont rien fait pour aider les victimes.

L'Antenne Régionale de Toronto d'AC-Génocide Canada rappelle à toute la communauté internationale que c'est le carnage de Ntega et Marangara et que nous commémorons aujourd'hui, qui a lancé les bases de l'impunité du crime de génocide, impunité qui rime toujours avec le Burundi. Par voie de conséquence, le jeu politique burundais ne pouvait plus être correct. Le pays est gouverné par une organisation qui commet le génocide depuis 12 ans, et même le Chef de l'Etat est un criminel ayant été condamné à mort pour crimes contre l'humanité

L'Antenne Régionale de Toronto d'AC-Génocide Canada considère qu'il est grand temps que tous ceux qui ont commandité et/ou dirigé les massacres génocidaires et autres crimes contre l'humanité au Burundi, qu'ils soient du PALIPEHUTU-FNL ou de toute autre organisation, répondent de leurs actes. L'Antenne Régionale de Toronto d'AC-Génocide Canada compte beaucoup sur l'ONU pour cette opération. Néanmoins, si elle continue à ignorer les crimes commis par des burundais en arguant qu'ils tenaient à des mobiles politiques, la même ONU fera bien de vite ordonner la libération de prison de Charles Taylor et Saddam Hussein.

L'Antenne Régionale de Toronto d'AC-Génocide Canada, soucieuse de ne pas pratiquer le « deux-poids, deux mesures » qui a toujours été synonyme de la communauté internationale dans toutes ses interventions relatives au génocide contre la minorité tutsi du Burundi :

1. appelle à l'arrestation immédiate des leaders du PALIPEHTU-FNL pour les atrocités qu'ils ont commises aux cours de ces dernières décennies en général, et pour avoir préparé et exécuté le génocide de tutsi à Ntega et Marangara dans la deuxième moitié du mois d'aout 1988 ;

2. exige qu'on applique au PALIPEHUTU-FNL, de même qu'à ses partenaires et allies d'hier (le FRODEBU, CNDD, FDD, etc.) le même traitement que celui qu'on réservé au NADSP allemand (plus connu sous le nom NAZI) et le MRND(D) rwandais

3. Demande encore une fois à la communauté internationale de prendre une attitude conséquente et appropriée envers le régime actuel burundais qui est dirigé par l'organisation génocidaire CNDD-FDD, dont le dossier des droit de l'homme est on ne peut plus sombre et qui vient d'être empiré par ses récentes arrestations illégales et les tortures infligées à certains hommes politiques et quelques officiers de l'armée.

L'Antenne Régionale de Toronto d'AC-Génocide Canada demande enfin:

- A l'ONU: d'aider à l'arrestation et au jugement des personnes accusées de génocide et d'autres crimes contre l'humanité au Burundi, en tête desquelles Agathon Rwasa du PALIPEHUTU –FNL et Leonard Nyangoma, deux criminels dont les mandats d'arrêt ont été émises il y a belle luerette sans jamais être exécutés.

- Au Royaume Uni: de tenir ses engagements à ne jamais permettre qu'aucune sorte d'amnistie ne soit accordée à Agathon Rwasa

- Au Gouvernement of de la République Unie de Tanzania : de noter, ne serait-ce qu'au vu de ces quelques crimes commis par le groupe terroriste PALIPEHUTU-FNL, que ce dernier n'a rien d'un mouvement de libération, qu'il s'agit plutôt d'un groupe de tueurs génocidaires;

- Aux pays membres de l'Initiative Régionale de Paix pour le Burundi: de constater qu'en dépit de leur acceptation progressive du groupe terroriste PALIPEHUTU-FNL comme une force politique, que ce dernier reste une organisation terroriste au même titre que ses alliés et partenaires d'hier et qui sont aujourd'hui au pouvoir à Bujumbura, à savoir le CNDD-FDD. En effet, aucun de ces deux organisations n'a jamais dénoncé, condamné ou renoncé officiellement à l'accord de coopération qu'ils ont signé le 22 mai 1995 à Bukavu (RDC) avec d'autres groupes génocidaires comme les ex-FAR et les miliciens Interahamwe, et dont l'objectif était de conquérir le Rwanda une fois qu'ils auraient « libéré » le Burundi [2]

- Aux burundais pris entre les feux croisés de l'oppression des génocidaires du CNDD-FDD au pouvoir d'une part, des bombardements, viol, mutilations et racket du groupe terroriste PALIPEHUTU –FNL d'autre part : nous rappelons que rien de ses atrocités ne peut changer le génocide en une voie de conquête du pouvoir

- Au reste de la population mondiale: nous leur demandons d'aider leurs frères du Burundi que l'ONU semble avoir donnés en cadeau aux organisations terroristes et génocidaires CNDD-FDD et PALIPEHUTU-FNL , même si cette même ONU est censée être leur protecteur.

Fait à Toronto, le 14 aout 2005.

Pour l'Antenne Régionale de Toronto d'AC-Génocide Canada,

Emmanuel Nkurunziza

Secrétaire.

Burundi, human rights, Current Affairs, Politics, Africa

Amnesty calls for justice over Itaba and Gatumba

2006-08-18T17:25:00.000-07:00

From Amnesty International

Public Statement

AI Index: AFR 16/014/2006 (Public)
News Service No: 217
18 August 2006

Burundi: From Itaba to Gatumba -- an imperative need for justice
This period of the year marks the remembrance of the massacre of civilians in Burundi at Itaba and Gatumba. On 9 September 2002 between 173 and 267 people were killed at Itaba and on 13 August 2004 at least 160 were massacred at Gatumba.

Amnesty International is gravely concerned that the government of Burundi, in violation of both national and international law, has so far failed to fully investigate and prosecute people suspected of carrying out the mass killings and ensure the victims receive adequate reparations.

On the night of 13 August 2004, more than 160 Congolese refugees were systematically killed at the Gatumba refugee camp, near the Congolese border. The victims were predominantly children and women members of Banyamulenge community who were fleeing from South Kivu (DRC). The Palipehutu-FNL (Forces Nationales de Libération -- National Liberation Forces) claimed responsibility for the massacre a fews day after the attack. According to information received from the Banyamulenge community as well as interviews carried out with former Palipehutu-FNL combatants, other armed political groups from the Democratic Republic of Congo may too have been involved in the killings.

On 9 September 2002 between 173 and 267 unarmed civilians, many of them women and children, were deliberately and unlawfully killed by Burundian army forces in Itaba, a community in the province of Gitega. Burundian authorities initially claimed that the victims had been killed in crossfire between the army and the CNDD-FDD. However, as more details came to light, it became clear that the army was solely responsible for the killing

Amnesty International is also concerned that the families of the victims and the survivors of these massacres may not see those responsible brought to justice.

On 5 October 2004, a United Nations report into the Gatumba massacre recommended that the Security Council encourage the immediate initiation of national and international judicial proceedings to ensure that the planners and perpetrators of the killings are identified, prosecuted and brought to justice. This report recommended also that the government of Burundi be encouraged to immediately invoke the jurisdiction of the International Criminal Court. Despite the issue of two arrest warrants for the head of the Palipehutu-FNL, Agathon Rwasa, and its spokesperson, Pasteur Habimana, a few days after their movement had claimed the responsibility for this massacre, and a statement from the Minister of Justice, on 13 April 2005, announcing that a national investigation had been completed into the Gatumba massacre, no official report has yet been issued by the government and none of the persons suspected of the crime have yet been prosecuted.

On 22 February 2003, two soldiers involved in the Itaba massacre were convicted by a military court of failing to follow orders and breaching public solidarity. The charge of murder was dropped. The military prosecutor had reportedly argued that as civilians had been given the order to leave the area whenever combatants were present, those who stayed behind were correctly considered as combatants.

International human rights law and standards oblige Burundi to conduct prompt, independent and impartial investigations into violations of the right to life. Furthermore, the Basic Principles and Guidelines on the right to a remedy and reparations for gross violations of international human rights law and serious violations of international humanitarian law, adopted by the General Assembly of United Nations in 16 December 2005, give victims the right to 'equal and effective access to justice; adequate, effective and prompt reparation for harm suffered; and access to relevant information concerning violations and reparation mechanisms'. Under these principles and guidelines, reparations can include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.

Amnesty International urges the government to put in force the law of 8 May 2003, which criminalizes genocide, crimes against humanity and war crimes. Under this law Burundi ought to exercise its jurisdiction to investigate and prosecute those suspected of involvement of such crimes, in trials that respect international standards of fairness and do not impose the death penalty.

If Burundi fails to do so, Amnesty International, echoing the recommendations of the United Nations report into Gatumba, calls for the Burundi government to immediately invoke the International Criminal Court's jurisdiction (ICC). Further, as a state party to the Rome statute of ICC since 21 September 2004, Burundi must introduce implementing legislation to ensure full cooperation with the ICC.

Amnesty International stressed that justice still needs to be done for the survivors and the family of the victims of Gatumba and Itaba, but also for all victims of human rights abuses and violations throughout Burundi.

Background information
Over the last months, the Burundi government's intentions and efforts at ending impunity have been ambiguous. On 26 February 2006, a United Nations mission visited Burundi to initiate talks with the Burundian authorities on the modalities of setting up two accountability mechanisms -- a truth and reconciliation commission and special chamber -- to investigate crimes committed in Burundi and bring to justice those responsible. So far, apart from exchanges of letters, concrete outcomes have failed to materialise.

On the other hand, on 18 June 2006, in Dar es Salaam, the government and FNL signed an agreement of principles towards lasting peace, security and stability in Burundi. Article 1 of this agreement states that the truth and reconciliation commission (not yet established) will be renamed the "Truth, Pardon and Reconciliation Commission". Its mandate will consist of establishing the facts surrounding the dark period of Burundi history and establishing various protagonists' responsibilities with a view to achieving forgiveness and national reconciliation.
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Burundi, human rights, Current Affairs, Politics, Africa

Burundi jails anti-corruption campaigner

2006-08-17T09:58:00.000-07:00

BUJUMBURA (Reuters) - Burundi has jailed the head of an anti-corruption group, accusing him of giving false reports that the central African nation's authorities were involved in embezzlement, the detainee's lawyer said on Thursday.

The case comes amid criticism from rights groups that President Pierre Nkurunziza's government is increasingly cracking down on freedom of expression a year after it took power.

Gabriel Rufyiri, chairman of the Organisation for the Fight Against Corruption and Economic Embezzlement (OLUCOME), was sent to prison late on Wednesday after appearing before a judge.

OLUCOME earlier this year had publicly denounced the sale of 1,500 tonnes of beans and 1,800 barrels of palm oil to Burundi's national police, saying it was full of irregularities.

The group said some of the sellers were fictitious and that the businessman who sold the products had done so at much higher prices, costing the state nearly $300,000.

"The judge has violated procedure because he had not yet carried out any inquiries to know if the irregularities denounced by the anti-corruption group were true or false," Rufyiri's lawyer Prosper Niyoyankana told Reuters.

"He should have at least some indications of guilt before jailing Mr Rufyiri," Niyoyankana, also OLUCOME general-secretary, added.

Government and police officials were not immediately available for comment.

Burundi is tasting relative peace for the first time since 1993, when the assassination of its first democratically elected Hutu president by Tutsi paratroopers sparked a cycle of ethnic reprisals that killed 300,000 people over 12 years.

PLANE CONTROVERSY

Niyoyankana said the arrest was sending a clear message.

"This is a strategy of intimidating people who reveal cases of corruption and economic embezzlement. We demand the government release the head of the group immediately and without any conditions," he said.

In a separate case, OLUCOME was one of 20 civil society groups to ask the government this month to re-run the sale of the presidential plane, saying controversy over the transaction could lead donors to suspend aid.

The groups said the sale was done too quickly and that the government had not accepted the highest bid, losing $2 million.

The government has said the sale was legitimate.

Finance Minister Dieudonne Ngowembona, in charge of the sale committee, told Reuters the highest bidder had presented "confusing documents".

"The technical document specified that bidders needed to present original papers but he presented photocopied documents which looked worrisome to me," Ngowembona said.

"As I was in charge of the sale, and the government wanted it to be done quickly, I decided to disqualify this bidder."

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Burundi, human rights, Current Affairs, Politics, Africa

Second anniversary of the Gatumba massacre

2006-08-13T02:38:00.000-07:00

From the Guardian

Violence and abuses continue in Darfur and the Great Lakes

Saturday August 12, 2006
The Guardian

Tomorrow will see the second anniversary of the Gatumba massacre, in which more than 160 Congolese Banyamulenge Tutsis were slaughtered, under the eyes of the United Nations, at a refugee camp in Burundi in 2004. Soon after the attack, the Hutu-extremist group Palipehutu-FNL claimed responsibility, saying that they had no fear of being held to account because they had become untouchable. A UN report concluded that Congolese "Mai Mai" fighters and Rwandan Interahamwe had also been involved in the attack. Evidence has subsequently emerged suggesting the involvement of the Congolese government. To date, no one has been arrested in connection with the Gatumba massacre, and Palipehutu-FNL has recently been awarded immunity from prosecution by the Burundian government.

The signatories to this letter have all lost loved ones at the hands of the so-called "coalition of negative forces" in the Great Lakes region - at Gatumba and in other attacks in Burundi and the Democratic Republic of Congo. We welcome the interest shown in the region by the International Criminal Court. Today we urge the ICC to begin an investigation into the Gatumba massacre - and we urge the British government and the European Union to support such an action.

We seek justice not as retribution, but as an expression of the fundamental moral equality of all human beings, and as the surest method of bringing this cycle of violence to an end.

Alex M Ntung, Ernest Semukanya, Murura Alexis, Alfred Gasaba, Alexis Kiray, Richard Wilson and 10 others

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Burundi, human rights, Current Affairs, Politics, Africa

Burundi ruling party's website knocked out by cyberhackers

2006-08-10T06:15:00.000-07:00

The website www.burundi-info.com, mouthpiece of Burundi's increasingly repressive ruling CNDD-FDD party, has been attacked by computer hackers. Until this afternoon the website had been carrying a series of articles attacking members of Burundi's independent media, and playing down reports of torture and abuse by the Burundian intelligence services. At the time of writing the website bears only the somewhat cryptic message:

"DON'T WAR - Hacked By CyberLord - Please Search ISLAM!!! NO WAR..!"

It's not yet clear whether the CNDD-FDD website was targetted because of the party's dubious human rights record, or merely for opportunistic reasons.

Burundi, human rights, Current Affairs, Politics, Africa

Burundi journalist suggests South African secret service complicity in "coup" fraud, urges Mbeki to investigate

2006-08-06T02:56:00.000-07:00

Burundi realité reports that Alexis Sinduhije has publicly denounced the alleged coup as a fabrication by the ruling party CNDD-FDD, driven by the party President Hussein Radjabu - and suggests that members of the South African secret service may have been involved. Extracts follow:

“We received information yesterday evening which confirmed the information that we'd already seen, proving that this so-called coup d'etat is a fabrication which was concocted at a high-level within the ruling CNDD-FDD party by the president of this party Hussein Radjabu, with some people from the secret service. I would like to say to you here that the Burundian secret service is not serving the State. They are servants of the party in power”,

“We received information to the effect that Alain Mugabarabona [one of the alleged coup plotters arrested last week] was used, moreover her was not tortured, was the bait to attract certain personalities, and it is him who approached them [to take part in the fictitious coup]. There are of those that refused, and there are perhaps some that spoke to him..."

“We have very precise, very clear information that this was nothing but a fabrication. Indeed there were some individuals of the South-African secret service who may have advised or assisted CNDD-FDD in this action”

“We urge the South-African government, president Thabo Mbeki himself - we do not doubt his humanity, or his position as a responsible African, to exert pressure and to investigate whether his services have been infiltrated by Hussein Radjabu, or if he can persuade him to behave like a civilized man”

“Burundians of peace must organise themselves and bring a legal action against Radjabu Hussein”.
Burundi, human rights, Current Affairs, Politics, Africa

"This government refuses criticism, it looks to crush opponents, get rid of all those who don't think like it does"

2006-08-05T04:50:00.000-07:00

Independent Burundian media sources continue to cast doubt on the credibility of Burundian government claims that a coup attempt has taken place.

"The objective was to shut everyone up and erase political freedoms. This government refuses criticism, it looks to crush opponents, get rid of all those who don't think like it does," said Alexis Sinduhije, head of Radio Publique Africaine, whose house was raided by the Police yesterday.

Meanwhile, Human Rights Watch has issued a joint statement from ten rights organisations condemning the torture of those detained in connection with the alleged coup.

From www.hrw.org: An appeal to the government of Burundi to stop torture, and other cruel, inhumane or degrading treatment immediately

The government of Burundi must immediately halt any acts of torture and other cruel, inhumane or degrading treatment of people who are currently detained and accused of preparing a coup d’etat, said several human rights organizations in Burundi. The government must begin credible investigations and prosecute those responsible.

Beginning on July 31, the National Intelligence Service (Service National de Renseignements, SNR) has been carrying out arrests of current and former politicians and members of the elite who are accused, according to the government, of “preparing to take over the democratically elected institutions.”

The president of the FNL Incanzo party, Alain Mugabarabona, and three other people, including Lieutenant Prudence Manirakiza, were arrested the evening of July 31. On August 1, Alphonse Marie Kadege (the ex vice-president of Burundi), Déo Niyonzima (President of the Parti pour la Réconciliation du Peuple), Col. Damien Ndarisigaranye and Popon Mudugu (members of AC Génocide Cirimoso) were arrested, though Ndarisigaranye and Mudugu were released the following day. On August 3, Isidore Rufyikiri (lawyer for Alphonse-Marie Kadege and Déo Niyonzima) was also apprehended.

The Burundian League of Human Rights (Ligue Iteka), members of the families of those detained and the minister in charge of human rights confirmed that Kadege, Niyonzima and Ndarisigaranye had been tortured. According to information gathered at the scene, Kadege was suspended by his hands and feet and beaten with a leather belt by agents of the SNR and Niyonzima had been beaten with a baton on the lower back and arm during interrogations. Ndarisigaranye was beaten on his back.

The detainees have not had visits from their lawyers or medical doctors to treat their wounds. The treatment of these detained people constitutes torture as defined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations in Resolution 39/46 from December 10, 1985, and ratified by Burundi in December 1992.

The signatories of this declaration recommend:

To the government of Burundi:

• Immediately cease torture, and cruel, inhumane or degrading treatment;
• Condemn any acts of torture committed in Burundi;
• Begin carrying out credible investigations to identify those responsible and bring them to justice;
• Authorize visits by family members, lawyers, human rights organizations, and medical doctors to those detained in the SNR;
• Respect national law and international human rights law.

To the diplomatic community:

• Condemn publicly all acts of torture committed in Burundi and insist that all confessions gathered under torture or threats of torture are void;
• Urge the government to begin credible investigations to bring those responsible for torture to justice;
• Urge the government to authorize access to the detained by members of their families, their lawyers, human rights organizations and doctors.

Bujumbura, Burundi
August 4, 2006

Signatories:

Ligue Iteka
Observatoire de l’Action Gouvernementale (OAG)
Action des Chrétiens pour l’Abolition de la Torture (ACAT)
Association pour la Protection des Droits Humains et des Détenus (APRODH)
Forum pour le Renforcement de la Société Civile ( FORSC)
Ligue de Droits de la personne dans la région des Grands Lacs (LDGL-Antenne Burundi)
Organisation de Lutte contre la Corruption et les Malversations Economiques (OLUCOME) ;
Office du Haut Commissaire aux Droits de l’Homme au Burundi
Human Rights Watch
Avocats sans Frontières (ASF)

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Burundi, human rights, Current Affairs, Politics, Africa, Torture, Freedom

CPJ condemns harassment of Burundian radio director

2006-08-04T15:49:00.000-07:00

CPJ condemns harassment of Burundian radio director

New York, August 4, 2006—A prominent radio journalist went into hiding for fear of arrest after police searched his home on Thursday. Alexis Sinduhije, founder and director of Radio Publique Africaine (RPA) and a 2004 recipient of the Committee to Protect Journalists' International Press Freedom Award, said authorities sought to arrest him in retribution for recent reports he had aired accusing the government of corruption and human rights abuses.

Authorities claimed they are investigating an alleged coup attempt, but Sinduhije said they were using the allegations to crack down on the press and the opposition. "They are trying to shut me up," he told CPJ in a telephone interview today.

“We condemn the government’s intimidation of Alexis Sinduhije, a pioneering independent journalist,” said CPJ Executive Director Joel Simon. “We believe authorities are using this emotional charge to mask their true motives, to punish a critical journalist.”

This week, Burundian authorities arrested several former high-ranking officials and a rebel leader, accusing them of plotting to assassinate President Pierre Nkurunziza and the chairman of the ruling party, according to international news reports. Nkurunziza was elected last year in polls hailed as an end to more than a decade of civil war and dictatorship.

RPA, a popular station based in the capital, Bujumbura, has been shuttered several times over its critical reporting. In July 2005, police forced the station off the air after the National Communications Council (CNC), an official media regulatory agency, alleged that RPA's election coverage was biased and that it had insulted the council. However, after a public outcry, the CNC chairman resigned and RPA's deputy director was appointed as a member of the council.

CPJ is a New York–based, independent, nonprofit organization that works to safeguard press freedom worldwide. For more information, visit www.cpj.org.
Burundi, human rights, Current Affairs, Politics, Africa

Is Nkurunziza the new Mugabe? Torture alleged as CNDD-FDD rounds up political opponents after alleged "coup attempt"

2006-08-03T09:15:00.000-07:00

Burundi's CNDD-FDD government has made a series of arrests, alleging a conspiracy to assassinate President Nkurunziza. No evidence for the conspiracy has so far been presented.

Senior figures from both main opposition parties (Hutu and Tutsi), a number of smaller parties, and a human rights organisation have been arrested or had arrest warrants issued in their name. Figures so far detained include Alphonse Kadege of the Tutsi-dominated Uprona party, Alain Mugabarabona of the hardline-Hutu FNL-Icanzo (a splinter group from Palipehutu-FNL), Deo Niyonzima, leader of a small Tutsi faction, and Poppon Mudugu of the human rights campaign organisation Action Contre Genocide. Arrest warrants have also been issued for a number of leaders of the Hutu-dominated Frodebu party. A number of those detained have been tortured, according to their lawyer.

Independent observers are sceptical about the alleged coup plot, and fear that it may simply be a pretext to extend further CNDD-FDD's dominance of the political scene. Sceptics also question the credibility of the alleged alliance between such diametrically opposed groups as A C Genocide and FNL-Icanzo.

Uprona and Frodebu have issued statements claiming that the arrests are politically-motivated. Frodebu has urged the international community to follow the situation closely.

From The Mail and Guardian (SA)

Burundi has arrested an eighth person in a suspected plot to overthrow the Central African nation's government in a bloody coup, an intelligence source said on Thursday.

The authorities say they have evidence that former high-ranking politicians and a dissident rebel leader -- all arrested this week -- planned to kill President Pierre Nkurunziza in June with military support.

"Poppon Mudugu has been arrested. He is also wanted for being implicated in this attempt to destabilise government institutions," the source said, referring to an ethnic Tutsi activist arrested on Thursday.

Earlier this week, security services arrested seven people including former vice-president Alphonse Marie Kadege, Deo Niyonzima, the leader of a small ethnic Tutsi party, an army colonel and an ex-leader of a rebel faction.

A prisoner rights organisation known as APRODH on Thursday condemned the detainees' treatment as "inhuman", and a lawyer for Kadege and Niyonzima said they had been tortured.

"I have written to the heads of the intelligence services so that my clients can be allowed to be treated. I have information that my clients are being tortured," lawyer Isidor Rufyikiri told local radio Bonesha.

"I myself have received threats saying I will suffer the same fate if I do not abandon this matter."

Government officials were not immediately available for comment.

Burundi is tasting peace for the first time in more than a decade after a civil war killed more than 300 000 people.

The country's new-found peace is generally seen as an African success story, but rights watchdogs have warned its security services still commit abuses.

President Nkurunziza, an ethnic Hutu, first said five months ago that three unnamed men were plotting a coup against him. -- Reuters

Burundi, human rights, Current Affairs, Politics, Africa

Free Aloys Kabura!

2006-07-26T13:07:00.000-07:00

PUBLIC AI Index: AFR 16/010/2006
27 June 2006

UA 180/06 Arbitrary Detention / Medical Concern/Possible Prisoner of
Conscience

BURUNDI Aloys Kabura (m), journalist with the Burundian Press
Association, l'Association Burundaise de Presse, ABP

Aloys Kabura, a journalist with the Burundian Press Association (l’Association
Burundaise de Presse - ABP) has been illegally detained in Ngozi prison in
northern Burundi since 1 June. Since his detention, he has developed a severe
medical condition with his legs and is unable to walk. He requires immediate
medical treatment.

Aloys Kabura is reportedly detained with several other inmates in a cell nine
meters squared. Prisons in Burundi are often overcrowded and unsanitary, and
detention can amount to cruel, inhuman and degrading treatment. On 21 June,
Aloys Kabura officially contacted the director of Ngozi Prison requesting to
consult a doctor or nurse at Ngozi hospital about the medical condition with
his legs because no doctors or nurses visit the prison. He has no received any
answer.

Aloys Kabura was arrested after he reportedly made comments in a bar
criticizing the conduct of the national police forces when they detained, and
in some cases severely assaulted, around 30 journalists at a press conference
held at the house of National Council for the Defense of Democracy – Forces for
the Defense of Democracy (Conseil national pour la defense de la
democratie-Forces pour la defense de la democratie, CNDD-FDD) parliamentarian,
Matthias Basabose, in Kinindo, Bujumbura on 17 April, 2006.

Aloys Kabura was initially detained on the basis of article 273 of the Burundi
penal code, which imposes the maximum punishment of 2 months in prison and/or a
fine of 5,000 Burundian francs (US$5) for: "…[those who] in public, commit any
act or make any gesture or remark that demonstrates or incites contempt in
relation to the established powers, to agents of public authorities…"

The penal procedure code only allows for the pre-trial detention of those
suspected of crimes which carry a punishment of over one year imprisonment.
The public prosecutor in the province of Kayanza was questioned on 4 June about
this apparent violation of the penal code procedure. The following day he
issued a new arrest warrant, which was back-dated to the date of the original
warrant, listing additional offences to strengthen the grounds on which Aloys
Kabura could be held in pre-trial detention.

On 23 June 2006, the Ngozi appeal court confirmed the legality of the pre-trial
detention of Aloys Kabura. In their ruling, which is officially dated 29 June
although it was issued on 23 June, the judges of the appeal court stated that
they did not find any irregularities in the procedure. Even though Aloys Kabura
went to the appeal court hearing on makeshift crutches, the judges stated: "We
admit that we are judges not knowledgeable about medicine. It is therefore
necessary to obtain a report by a qualified doctor for clarification to enable
us to make a correct and fair ruling." ("Nous sommes un juge et nous l'avouons,
ignorant en matière de médecine d'où la nécessité d'une pièce émanant d'un
médecin compétent pour nous éclairer afin de pouvoir prendre une décision juste
et équitable").

If convicted, Amnesty International will consider Aloys Kabura a prisoner of
conscience, as he has been detained solely for peacefully exercising his right
to freedom of speech.

BACKGROUND INFORMATION

Over the last few months, Amnesty International has received reports of members
of civil society being subjected to intimidation by the authorities. Arbitrary
arrests and detentions seem to be increasingly used by the authorities to
target people critical of either government policy or the conduct of security
forces.

Terence Nahimana, the director of the NGO Cercle d’initiative pour une vision
commune (CIVIC), has been detained in Mpimba Prison since 10 May 2006 after
claiming that the government were intentionally stalling peace negotiations
with the National Liberation Forces (Forces Nationales de Libération, FNL) (see
UA 147/06, AFR 16/007/2006).

Three members of the organisation AC Genocide were arrested on 21 May as they
attempted to hold a monthly meeting at a local centre in the town of Gitega.
One was released on medical grounds. The other two were charged with
"threatening state security", and each paid 20,000 Burundian francs (US$20) as
bail. Their lawyer stated that the release will be permanent as no formal
charges were brought against them (see UA, 149/06, AFR 16/008/2006).

Burundi, human rights, Current Affairs, Politics, Africa

2006-07-22T03:00:00.000-07:00

D.R. Congo: As Vote Nears, Abuses Go Unpunished in Katanga
Congolese Army and Mai Mai Commanders Should Be Charged with War Crimes

(New York, July 21, 2006) – As the Democratic Republic of Congo
prepares for elections, the government's failure to take prompt and
effective action against soldiers and others responsible for killing, raping
and torturing civilians in Katanga could encourage further violence and
insecurity in the southern province, Human Rights Watch said today.

With testimonies, analysis, photographs and video, the multimedia web
special entitled "The Triangle of Death: A Place of Horrors in Katanga
Province" documents widespread abuses committed by government
soldiers and combatants of a local defense force known as the Mai Mai
during three years of violence in central Katanga. Hundreds have been
killed and more than 150,000 have fled their homes from the zone of
military operations that local residents have dubbed "the triangle of
death."

Incumbent President Joseph Kabila, himself from Katanga, is the current
front-runner in the presidential contest, but with more than 30 other
contenders, he may well face a run-off election weeks or even months
after the first poll, which is scheduled for July 30. In addition,
parliamentary elections require a two-stage process, lengthening the
period before a new government is finally installed.

"The electoral period will be lengthy and characterized by uncertainty
before a new government takes power," said Alison Des Forges, senior
Africa adviser at Human Rights Watch. "During this time, justice cannot
wait. Authorities must start holding abusers accountable if they want to
discourage others from using similarly abusive tactics now and in the
future."

In November 2005, the Congolese army launched a military operation to
quell an insurgency in Katanga led by the Mai Mai. Government soldiers
rounded up hundreds of civilians suspected of being Mai Mai, and
deliberately killed or tortured to death dozens of them. They gang-raped
scores of women alleged to have supported the Mai Mai.

Mai Mai combatants under the command of Kyungu Mutanga, known as
Gédéon, and another Mai Mai leader, Makabe Kalenga Ngwele, have also
killed, raped and otherwise abused civilians since 2002. In some cases, the
Mai Mai publicly tortured victims before killing and cannibalizing them in
public ceremonies intended to terrorize the local population.

The Mai Mai of Katanga were launched in 1998 as a popular resistance
force against the invading foreign armies of Uganda and Rwanda, but later
turned against the central government and local communities.
In the web special posted today, Human Rights Watch documents the war
crimes committed by both sides to this conflict and urges the government
to investigate and prosecute the perpetrators.
To date, Congolese authorities have failed to act effectively against
abusers. On May 12 Gédéon surrendered to United Nations peacekeepers
in Mitwaba, central Katanga. Several days later, he was handed over to
Congolese judicial officials who have kept him in detention but have not
charged him with any crime.

The current government has appointed former warlords from other parts of
Congo, such as Ituri and the Kivus, as generals in the national army,
ignoring credible information implicating them in war crimes and crimes
against humanity. The most recent appointment was made on July 17,
when the government granted the post of colonel in the national army to
Peter Karim, a commander from the Nationalist and Integrationist Front
(FNI), a murderous armed group in Ituri.

United Nations officials have provided the Congolese government with
information about human rights abuses by members of armed groups and
soldiers of the national army, including a file about military abuses
submitted to the government in January.

"If President Kabila and other government ministers currently standing for
elections are serious about a commitment to justice, they should not
appoint suspected war criminals to high military ranks and they must bring
to justice their own soldiers accused of such crimes," said Des Forges. "A
national army staffed by war criminals is unlikely to provide any security
to its citizens whether during elections or after."

For more of Human Rights Watch's work on the Democratic Republic of
Congo, please visit: http://www.hrw.org/doc?t=africa&c=congo

Burundi, Congo,human rights, Current Affairs, Politics, Africa

Residents of Bujumbura-Rurale denounce Rwasa, urge international community to investigate FNL atrocities

2006-07-19T12:30:00.000-07:00

A statement addressed to the South African government minister and peace talks mediator Charles Nqakula, and signed by Placide Nsengyunva "in agreement with the survivors of Bujumbura Rurale" has urged the international community not to accept any deal which involves a pardon for the FNL leader Agathon Rwasa, arguing that only Rwasa's victims have the right to give any such pardon.

"..it is us who lost our possessions and who were driven out of the hills where we were born. Therefore, it is us who should have the last word, which is nothing other than that Justice is returned, and the guilty be punished according to the law", the survivors argue.

Also included in the statement is a list of more than seventy alleged civilian victims of Rwasa's FNL. The survivors urge "whoever would like to know more on this subject" to come to Bujumbura and investigate these deaths.

Full statement (English translation):

We have the honour to address your high Authority, with an aim of presenting our dismay at the provisional immunity and of the pardon desired by Mr. Agathon RWASA and in addition, to present this list of innocent civilian victims cut down under the command of Mr. Agathon RWASA. Exellence, Mr. the Mediator, immunity, pardons or General Amnesties cannot be delivered before justice has been done. We demand insistently that National and International justice be given an important place among the agreements which are made and signed, here we urge your Government to avoid falling into the traps of Mr. Agathon RWASA. There can be nogotiation, and no acceptance of the pardon that Mr. RWASA demands in the place of the survivors or the victims, it is us who lost the our possessions and who were driven out of the hills where we were born. Therefore, it is us who should have the last word, which is nothing other than that Justice is returned, and the guilty be punished according to the law.

Concerning the list that we referred to at the beginning: We do not have much to add, only that we invite whoever would like to know more on this subject to join us in Bujumbura. We are ready to guide anyone who would like to make a proper investigation. Thus the truth will be established and the errors and lies avoided from all those sides which are involved in this business. We challenge Amnesty International and Humans Rights Watch to come to inquire into ground so that the crimes, tortures and ignoble acts that have been inflicted on the humble peasants of Bubanza, Cibitoke and Bujumbura Rural can be made plain to the general public.

Original French text:

Exellence,

Nous avons l'honheur de venir au près de votre haute Autorité, dans le but de prèsenter nos inquietutide à propos de l' Humminité provisoire et du pradon souhaité par Mr Aghaton RWASSA et en plus de çà aussi : Prèsenter cette liste de quelques victimes civil et Innocents abattus sous l' ordre de Mr Aghaton RWASSA .
Exellence Mr le Médiateur .
l'humminité , le pardon ou l'Amnesties Géneral ne peut pas excuter sans que la justice soit rendu . nous demende avec insistance que la justice Nationale et Inernationale ait une place importante parmi les accords qui serrons arrêtés et signés,
ici nous attirons l'attention de vnotre Gouvernement d' éviter de tomber dans les pièges de Mr Aghaton RWASSA il ne peut pas négocier , à accepter le pardon que demende Mr RWASSA à la place des réscapés ou des victimes , c'est nous qui ont perdu les notres nos biens qui ont été chassés dans nos collines d'orgine .
De là alors , c'est nous qui ont le dernier mot qui n'est pas autre chose que la Justice soit rendu , les coupables punis selon la loi
- Concernant la liste que noues avons cité au début :
Nous n'avons pas beaucoup à parler la dessus seulement ,
Nous invitons à quiconque qui vaut savoir à ce sujet , de nous rejoindre à Bujumbura nous sommes prêt de la conduire sur terrain pour qu'il fasse ces propres Enquêtes
Ainsi la vérité sera éclairci les erreurs et les mensonges evités dans tout les côtés qui onty part dans cette affaire . Nous interpellons Amnesties International et Humman Rhit Watch de venir enquêter sur terrain pour que les crimes les tortures les suplices ignoble
qui pese sur les Humbles Paysans de Bubanza Cibitoke et Bujumbura Rural soit uni au grand Public.
Nous vous remercions .

NSENGIYUNVA Placide

C . P .I
- Délégué du Gouvernement à Dar es saalam
- Amnesties International
- Humman Rhigt Watch.

LISTE DES PERSONNES TUES PAR LE PALIPE HUTU-FNL
EN COMMUNE KANYONSHA

1. 45 Personnes de même colline NYAMABOKO en 1999 ici pour plus d'information à
demender l' Administrateur de Commune KANYONSHA.
2. NTAGISIGAYE Gervain colline RUVUMU Zone Kiyenzi
3. NDUWIMANA Clavert colline RUVUMU Zone Kiyenzi
4. NDERAGAKURA Augustin colline Ruvumu Zone Kiyenzi
5. NDERAGAKURA Jeanne Appolinie Ruvumu Zone Kiyenzi
6. FILS Muhindo Ruvumu Zone Kiyenzi
7. KIRIMA Berthe et ses 3 enfants Ruvumu Zone Kiyenzi
8. KIRIMA Agricole RUVUMU Zone Kiyenzi
9.MUSTINTSIMA Pascal RUVUMU Zone Kiyenzi
10. NYABENDA Daniel RUVUMU Zone Kiyenzi
11. Vincent RURINZI Zone Kiyenzi
12. Baltazar BUHINA Zone Kiyenzi
13. BUKURU Minani avec enfant de 14 ans BUHINA - BUYENGERO
14.Famillle RYABOZE 11 Personnes BUHINA Zone Kiyenzi
15. NKUNDWANABAKE Mathias BUHINA Zone Kiyenzi
16. BARUCAMWO Mathieu ROHE- GISOVU Zone Kiyenzi
17. Fréderic ROHE -GISOVU Zone Kiyenzi
18. CUGAZO ROHE - GISOVU Zone Kiyenzi
19. Fils BARANSESA Francois BENGE-GISOVU Zone Kiyenzi
20. Un viallard BACUMBA de 85 ans GISOVU Zone Kiyenzi
21. Fabien GISOVU Zone Kiyenzi
22.NDUMBUYE Venant GISOVU Zone Kiyenzi
23. GATUKURA Gaspard NYAMABOKO Kiyenzi
24. TABU Aline KANYONSHA Mairi
25. Famille BAGUFI RURINZI Zone Kiyenzi
26. RWATEKERA Emmanuel SOROREZO Zone Muyira
27. Vianney GISOVU Zone Kiyenzi
28.NSHIGIKIYE Gaspard KABUYE Musagara
29. Conseiller NTAHONVUKIYE Bruno MPARO Zone Ruyaga
30. KIGERI Jean Bosco MPARO " "
31.MUBESHI Emmanuel MPARO " "
32. BAKUNDUWUKOMEYE Serge MBOZA Zone Ruyaga
33.SIMBA SOROREZO " Muyira
34.TUNGIRAYO Antoine KAMABUYE " "
35.NTAHOTURI " " "
36.Chef de Zone BIYANKE J. Paul avec sa femme Rweza " "
37. NDUWIMANA Marie enseignante
38. Et so FILS
39.GAPOSHO Salongo Zone Ruyaga
40. BANYIKWA Andre Gashinge Zone Ruyaga
41. NYABENDA Vianney "" "" ""
42. BANYIKWA Bosco "" "" ""
43. NZEYINGORO Pie "" "" ""
44. Jean Marie "" "" ""
45. MURWABUSOVU Gaspard "" "" ""
46. HATO Pascal "" ""
47. MARYUWISI Vitus Muvune RUYAGA
48. Audifax KIZIBIRA
49. BUKURU Coga MUYIRA
50. KARAMANDA Joseph Pera MUYIRA
51. KEZAKIMANA Donavine Mboza RUYAGA
52. CHRISOSTOME KAMESA MUSAGA
53. André "" ""
54. MUSURE Jean MASANGO RUYAGA
55. NAHIMANA Diomede MPARO RUYAGA
56. BAKUNDUWUKOMEYE Benoit GASHINGE RUYAGA
57. RUBARIKA Joél MPARO "
58. MUTUNGO Gabriel BIGOMA MUYIRA
59. MUKIMBA Appolinaire KIROMBWE "
60. Chef de Zone NTIBAMPAMATE Salvator KABINGO "
61.Chef de Zone Djuma KAVUMU
62. Céléstin SALONGO RUYAGA
63. NTIBAGIRWA Audace PERA MUYIRA
64. BUCUMI Daniel GITOBORO MUYIRA
65. MIJURIRO Cornelle PERA MUYIRA
66. SEKERA Bdoro PERA MUYIRA
67. NDARUVUKANYE Mathieu MUYAGA " "
68. BITWI Andre et ses 2 fils RUYAGA RUYAGA
69. Un fille d' orgine de NGOZI " BUCUMI " tué a SOROREZO MUYIRA
70. NAHIMANA Spéciose BANGATELI MUYIRA
71. Chef cuisinier BARANZIRA Alex COGA MUYIRA

Burundi, human rights, Current Affairs, Politics, Africa

New book tells the harrowing story of the Titanic Express massacre

2006-06-21T11:56:00.000-07:00

"incredibly moving" - Ziauddin Sardar, Independent

On December 28th 2000, Charlotte Wilson, a 27-year-old VSO worker, was killed when her bus, the inauspiciously named Titanic Express, was ambushed in war-torn Burundi. The attackers were members of the Hutu-extremist FNL, a faction linked to those responsible for the Rwandan genocide. Twenty others died with Charlotte, including her Burundian fiance. One of the few survivors was given a chilling message for the Burundian government: "We're going to kill them all and there's nothing you can do".

In "Titanic Express", Charlotte's brother Richard charts his painful struggle to unravel what happened that day, and to understand the complex and brutal history that lay behind it.

Cutting through the obfuscations of the authorities, he uncovers a story of violence, fanaticism and neglect that exposes the self-interest and double standards at the heart of our supposed commitment to human rights and the fight against terror. As the facts begin to emerge, the family's deep personal grief is compounded by the realisation that this murder is just one among thousands, in a war fuelled as much by western cynicism and African greed as by ethnic divisions.

"Titanic Express" is a political detective story, a memoir of grief and a moving portrait of an extraordinary woman who died at the very moment she had found fulfilment. In gripping detail it shows the human reality of lives torn apart by the machinations of war and diplomatic expediency, where competing versions of the truth can be as deadly as bullets and machetes.

See also:

The Sunday Times - 'An unforgotten death in Africa'

The Daily Telegraph - 'Why is my sister's killer feted at peace talks?'

Burundi, human rights, Current Affairs, Politics, Africa

"Despite what the U.N. says, 2006 is a year of despair for us because they have not brought the killers to justice."

2006-06-19T16:12:00.000-07:00

From Reuters

BUJUMBURA, June 19 ( Reuters) - Refugees in Burundi called on Monday for the killers of 160 people at a camp there two years ago to face justice.

United Nations investigators had incriminated Burundi's last remaining Hutu rebels, the Forces for National Liberation (FNL), in the Aug. 2004 attack, when victims were hacked, burned and bludgeoned to death at a desolate U.N. transit camp.

The refugees -- Banyamulenge Tutsis -- had fled to Burundi to escape warfare in neighbouring Democratic Republic of Congo.

On Sunday, the FNL and Burundi's government agreed to stop fighting and sign a comprehensive ceasefire in two weeks.

A day before the U.N.'s World Refugee Day, survivors of the Gatumba massacre said they seen no prosecutions or arrests.

"We are here now for over two years after fleeing war in Democratic Republic of Congo," said David Munyamahoro, a leader of the ethnic Banyamulenge refugees in Burundi.

"Two months after our arrival our people were massacred. Up to now nothing has been done to find who was responsible."

After the attack, Burundi's government said it had proof a coalition of FNL rebels, Congolese Mai Mai fighters and Rwandan Hutu militiamen were responsible.

"There are people who have claimed the massacre, but they are not worried, no inquiry has been carried out," Munyamahoro said. "Despite what the U.N. says, 2006 is a year of despair for us because they have not brought the killers to justice."

At least 300,000 people were killed in the tiny central African country's civil war, which began in 1993.

Take action - Fax your MP!
Take action - sign the Gatumba petition

Burundi, human rights, Current Affairs, Politics, Africa

Turning justice on its head: Journalists are jailed while war criminals are rewarded with cabinet posts and immunity from prosecution.

2006-06-03T05:11:00.000-07:00

As the FNL steps up its killings of civilians in an apparent bid to strengthen its bargaining position at the "peace talks" in Tanzania, the Burundian government has jailed yet another of its critics on spurious grounds. Outspoken Agence Burundaise de Presse journalist Aloys Kabura was arrested earlier this week and charged with "rebellion" after criticising the government over the detention and beating of a number of his fellow journalists, and running an exposé over alleged police complicity in cross-border smuggling.

Click here to support the call for a war crimes trial for Aloys Nzabampema and independent investigation into the UN Burundi corruption scandal
click here to email UN Burundi spokesman Penangnini Toure and ask him about the progress of the corruption investigation allegedly under way

Take action - Fax your MP!
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Burundi, human rights, Current Affairs, Politics, Africa

Burundi government offers to share power with Gatumba killers as FNL shells civilian districts of Bujumbura

2006-06-01T03:17:00.000-07:00

From the BBC

Burundi's army says the last active rebel group has fired mortar bombs into the capital as peace talks that began on Monday continue in Tanzania.

The army said at least one civilian had been wounded in the attack on Bujumbura that happened late on Tuesday night.

From Somali Net

Meanwhile, Burundi’s Interior and Public Security Minister Evariste Ndayishimiye said he hoped the talks would find a way of incorporating the FNL into Burundi's leadership.

"We have a formula of integration. Now we have come here to talk about how to bring ... FNL to the Burundi leadership," Ndayishimiye said.

Take action - Fax your MP!
Take action - sign the Gatumba petition

Burundi, human rights, Current Affairs, Politics, Africa

Anti-genocide campaigner reportedly released

2006-06-01T03:12:00.000-07:00

Following intense pressure from human rights organisations both inside Burundi and internationally, the anti-genocide campaigner Ponpon Mudugu has been released from custody, his family has reported. Mudugu was arrested with his wife Aline Ngendankazi and another campaigner, Thacien Sibomana on 21 May after holding a commemoration event for the victims of genocide in Burundi. The Burundian government alleged that their activities had been a threat to "state security". Aline Ngendankazi was later released, and Ponpon Mudugu has now joined her. The fate of Thacien Sibomana is still unclear.

Burundi, human rights, Current Affairs, Politics, Africa

Amnesty calls for release of anti-genocide campaigners

2006-05-29T02:07:00.000-07:00

From Amnesty International

Burundi: Prisoners of Conscience/Detention without charge
PUBLIC AI Index: AFR 16/008/2006
UA 149/06 Prisoners of Conscience/Detention without charge 26 May
2006

BURUNDI Thacien Sibomana (m)
Poppon Mudugu (m)

The two men named above were arrested on 21 May as they attempted to hold a monthly meeting at a local centre in the town of Gitega. They have been charged with "threatening state security" and are being held in Gitega Prison. Amnesty international considers the men to be prisoners of conscience, detained solely for the peaceful exercise of their right to freedom of assembly, association and expression.

Thacien Sibomana and Poppon Mudugu are members of "AC Genocide Crimoso", an organization which seeks to avoid any re-occurrence of genocide in Burundi by remembering the victims and engaging in open, frank discussion on the country’s history. The main delegation of the organisation met in the capital Bujumbura on 21 May and a smaller group organised a partner meeting in Gitega where they booked a room for the event at the local "Club des Amis" centre. When delegates arrived at the venue, they were prevented from entering by local police who were waiting outside the building. According to local sources, the provincial authorities had deemed the meeting to be illegal and therefore a threat to state security. "AC Genocide Crimoso" has been granted authorization to hold monthly meetings since 1997. This authorization was granted permanently by the Administrator of Gitega in December 2005.

The meeting was moved to another venue nearby but was interrupted near the end when the Governor of Gitega, the Deputy Commissioner of the Judicial Police and several police officers entered the room. They broke up the meeting and seized the agenda and minutes from Thacien Sibomana. He and Poppon Mudugu were then arrested after the meeting in a nearby bar. They were initially questioned by the Chief Prosecutor of Gitega and subsequently charged with "threatening state security". Poppon Mudugu's wife Aline Ngendankazi was also arrested, though she was later released.

Burundi, human rights, Current Affairs, Politics, Africa

Burundian rights group condemns arrest of anti-genocide activists

2006-05-27T03:29:00.000-07:00

CONTRE L’EMPRISONNEMENT ILLEGAL DES MILITANTS ANTI-GENOCIDE PAR LE POUVOIR DE BUJUMBURA.

En date du 21 mai 2006, le pouvoir a arrêté injustement M. Popon Mudugu, Madame Aline Ngendankazi et M. Tatien Sibomana, tous membres de l’Association de lutte contre le génocide AC GENOCIDE CIRIMOSO. Ces honnêtes gens restent emprisonnés pour avoir combattu le génocide, devoir qui incombe à tout humain y compris ceux vivant au Burundi dirigé par une organisation génocidaire comme le CNDD-FDD.

Avec cet emprisonnement abusif et arbitraire, le pouvoir du CNDD-FDD génocidaire vient de rappeler encore une fois sa vraie nature : celle d’une organisation qui a non seulement commis le génocide au Burundi et dans la sous-région depuis 1993, mais aussi qui est déterminé à poursuivre les faits et pratiques l’ayant amené au pouvoir à savoir, la violation répétitive du droit national et international. Par cet emprisonnement de paisibles militants anti-génocides, le pouvoir CNDD-FDD a violé les libertés fondamentales des citoyens burundais, tout en enfreignant au prescrit de la Convention internationale pour la prévention et la répression du crime de génocide, laquelle recommande à tout humain de combattre ce crime des crimes.

Au vu de cette violation flagrante du droit par le CNDD-FDD,

L’Antenne Régionale de Toronto de l’AC Génocide Canada exige la libération immédiate et sans condition de tous ces militants anti-génocide.

L’Antenne Régionale de Toronto de l’AC Génocide Canada compatit avec M. Popon Mudugu, Madame Aline Ngendankazi et M. Tatien Sibomana ainsi qu’avec leurs familles respectives.

L’Antenne Régionale de Toronto de l’AC Génocide Canada réitère son soutien indéfectible à l’AC GENOCIDE CIRIMOSO et aux autres organisations luttant pour la restauration d’un ETAT DE DROIT AU BURUNDI.

L’Antenne Régionale de Toronto de l’AC Génocide Canada met toute la communauté internationale devant ses responsabilités quant à sa tolérance récurrente du génocide des tutsis car :

- considérant qu’une enquête de l’ONU (Rapport S/1996/682) a trouve que des actes de génocide ont été commis contre la minorité tutsi du Burundi en octobre 1993 par le FRODEBU, alors au pouvoir, mais que l’ONU n’a jamais mis sur pied un tribunal pour juger les auteurs ;

- considérant qu’une autre enquête de l’ONU (Rapport S/1998/777) a prouvé que le CNDD-FDD fait partie d’une internationale génocidaire opérant dans la sous-région des Grands Lacs est-africains (ensemble avec le FRODEBU, le PALIPEHUTU, les INTERAHAMWE, les Ex-FAR, etc.), mais que la même ONU a préparé et fait accepter l'accession du CNDD-FDD au pouvoir ;

- après le massacre génocidaire de 161 tutsi banyamulenge le 13 aout 2004 à Gatumba, massacre que l’ONU a promis d’enquêter mais qui n’a abouti à aucune inculpation malgré les revendications de ce crime par le groupe génocidaire PALIPEHUTU-FNL ;

- face à ce génocide au compte-goutte que subit la minorité tutsi du Burundi des mains du CNDD-FDD depuis plus de 12 ans ;
A la lumière de la persécution des militants anti-génocides en cours,
l’Antenne Régionale de Toronto de l’AC Génocide Canada a des raisons légitimes de craindre que le pire ne se produise sans que personne ne s’en soucie. Aussi, lance-t-elle un puissant cri d’alarme à toutes les nations et organisations internationales à agir vite pour éviter à l’humanité la très probable réédition au Burundi du génocide rwandais de 1994 qui s’est déroulé au su des puissances du monde mais qui sont venues verser des larmes inutiles après que l’irréparable eut été commis ;

L’Antenne Régionale de Toronto de l’AC Génocide Canada demande spécialement à l’ONU et à l’UA de revenir sur leur reconnaissance de la légitimité du régime de Bujumbura dirigé par le CNDD-FDD, un groupe qui s’est illustré par le génocide des tutsi depuis 1993 et qui s’illustré encore par la violation massive et systématique des droits des survivants de la minorité tutsi et de leurs défenseurs,

L’Antenne Régionale de Toronto de l’AC Génocide Canada lance un appel aux organisations de défense des droits humains pour qu’ils identifient et mettent en quarantaine toutes les organisations génocidaires comme le CNDD-FDD, le FRODEBU et le PALIPEHUTU

L’Antenne Régionale de Toronto de l’AC Génocide Canada saisit cette occasion pour signaler aux génocidaires du CNDD-FDD et à leurs allies dans le génocide des tutsi et dans la persécution des défenseurs des droits des minorités, que le jour ou ils répondront de leurs actes ignobles et indéfendables approche

UNIS CONTRE LE GENOCIDE, NOUS VAINCRONS !

Fait à Toronto, le 25 mai 2006.

Pour l’Antenne Régionale de Toronto de
L’AC Génocide Canada

Jean-Claude Katihabwa,
Président a.i.

Click here to support the call for a war crimes trial for Aloys Nzabampema and independent investigation into the UN Burundi corruption scandal
click here to email UN Burundi spokesman Penangnini Toure and ask him about the progress of the corruption investigation allegedly under way

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Burundi, human rights, Current Affairs, Politics, Africa

Arrested for commemorating the dead? Rights groups condemn imprisonment of Tutsi activists over memorial event for 1993 genocide

2006-05-24T12:43:00.000-07:00

From Reuters

BUJUMBURA (Reuters) - A Burundian human rights group denounced on Tuesday what it called "continuing human rights violations" by the government after three Tutsi activists were arrested for threatening state security.

The trio, members of the AC Genocide Tutsi association, were detained on Sunday in the central Gitega province, where they had travelled to attend a commemoration ceremony for Tutsis killed in 1993 at the start of the country's civil war.

Local media cited provincial officials as saying they had held an illegal meeting, which threatened public security.

"The impression we have is that the government wants to muzzle, intimidate those who express freely their opinions which the authorities are not happy about," said Jean Marie Vianey Kavumbagu, head of Burundi's biggest human rights group, Iteka.

"We are really concerned by this," he told Reuters, adding that the moves violated Burundi's constitution and international laws. A government spokesman was unavailable for comment.

The arrests come after Burundi's public prosecutor ordered a peace activist detained for criticising how the government handled peace talks with the country's sole remaining rebel group.

Former lawmaker Terence Nahimana was arrested this month by security agents for having links with the Hutu Forces for National Liberation (FNL), whose political wing he left in 1990.

Kavumbagu also cited an incident when around 20 journalists complained of being beaten by police while attending a news conference at the home of an expelled ruling party legislator.

Burundi is finally enjoying peace after 12 years of civil war that pitted rebels from the Hutu majority against a government controlled by the Tutsi minority.

More than 300,000 people died in the central African nation.

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Free expression under threat in Burundi, says Human Rights Watch

2006-05-21T06:49:00.000-07:00

From Human Rights Watch

Burundi: Free Expression Under Threat

Prominent Peace Advocate Imprisoned

The former parliamentarian and activist Térence Nahimana should be released at once, Human Rights Watch said today, adding that his imprisonment raises questions about freedom of expression in Burundi.

Nahimana was jailed after he questioned why the Burundian government had not opened peace negotiations with the National Liberation Forces (FNL), a rebel movement that expressed its readiness to talk more than two months ago.

“Guarantees of free speech are essential so that people can speak their minds on issues of public importance, like war and peace,” said Alison Des Forges, senior Africa adviser at Human Rights Watch. “Arresting someone for questioning government actions sends a message that dissenters shouldn’t dare to speak out.”

In a May 5 letter to Burundian President Pierre Nkurunziza, and at a subsequent news conference, Nahimana mooted several explanations for the government’s delay in starting peace talks with the FNL, including that Burundi intended to join Rwanda and Uganda in invading neighboring Democratic Republic of Congo (DRC). The FNL is said to have bases in Congo, and continued conflict with the FNL could serve as a pretext for the Burundian army to cross the border into Congo.

On May 15, after being detained for five days, Nahimana was formally charged with “threatening state security.” The charges are said to be based on legislative provisions that make it a crime to expose Burundi to foreign hostility and that prohibit incitement of the population against the government or incitement to civil war.

There is no evidence that the issues Nahimana raised as public debate have evoked any hostility from a neighboring country or have given rise to any form of public disorder.

“Preserving state security is clearly an important government responsibility,” said Des Forges, “But the facts in this case suggest that Nahimana’s arrest is directed at silencing opposition, not responding to genuine security worries.”

Concerns about the exercise of freedom of expression and the media’s ability to operate freely were raised in an earlier, unrelated, incident on April 17, when journalists reporting on a news conference by a former parliamentarian, Mathias Basabose, were confined at his house for some hours. Several were beaten by police.

Burundi has been a party to the International Covenant on Civil and Political Rights since 1990 and is bound under the covenant to guarantee protection for freedom of expression. It is also bound to do so under the African [Banjul] Charter on Human and Peoples' Rights.

Nahimana also suggested that Burundian officials were stalling the peace talks in an effort to delay the establishment of a truth and reconciliation commission, which is to examine alleged violations of international law committed during the conflict. Nahimana said that several government officials expected to be accused of violations before the commission.

Following his statements, Nahimana was summoned twice, on May 9 and 10, for questioning by the National Intelligence Service, known as the Documentation National. Intelligence agents interrogated him about the contents of the letter and his statements in the related news conference.

Initially held incommunicado for 48 hours, Nahimana was later allowed visitors, including access to his lawyer. On May 15 he was formally charged and transferred to the central prison in Bujumbura.

“Unless authorities have evidence to support these charges against Nahimana, they should be dropped,” said Des Forges. “At the very least he should be given immediate pre-trial release so that he can prepare his defense.”

Nahimana is the president of Cercle d’initiative pour une vision commune (CIVIC), a non-governmental organization that works for the peaceful resolution of conflicts and establishment of the rule of law in Burundi. A former member of the FNL, he left the rebel movement in 1990. Since founding CIVIC in 2003, Nahimana has met with FNL leaders to encourage peace negotiations, mostly recently in March 2006 in Dar es Salaam. He informed several members of the government before meeting with the FNL. He claims no political party affiliation.

The new Burundian government was elected in August 2005, following a decade of civil war and a long process of political transition. The new leadership previously belonged to the country's largest rebel group, the CNDD-FDD. The FNL, led by Agathon Rwasa, continues to fight the Burundian military while calling for peace negotiations to begin.

Burundi, human rights, Current Affairs, Politics, Africa

"The Police have the authority to beat anyone who does not obey the law" - Burundian government announces bonuses for police who beat up journalists

2006-05-06T08:46:00.000-07:00

From http://www.iol.co.za/index.php?set_id=1&click_id=87&art_id=qw1146002041461B216

Bujumbura - Burundian President Pierre Nkurunziza will reward the police official who last week ordered the detention and assault of several journalists, the interior minister said on Tuesday.

The reporters had gone to a news conference last week at the home of Matthias Basabose, who was expelled from Nkurunziza's Forces for the Defence of Democracy (FDD) party after making corruption allegations about a senior party member.

Evariste Ndayishimiye said that "police have the authority to beat anyone who does not obey the law" in remarks contradicting the condemnation by Nkurunziza's spokesperson of the journalists' detention and beating.

"The president said that he will reward the police who led the squad which was sent to the home of Matthias Basabose because he fulfilled his duty very well and I agree with him (the president)," Ndayishimiye said in a speech relayed to local radio stations.

"I told journalists that if the police tell you not to go beyond this line and you do so, they have the permission to beat you," he said.

Last Tuesday, a day after police detained about 20 journalists, Nkurunziza's office denounced the act, insisting that the president never ordered the police to carry out the detention and the beatings.

Basabose, who ran Nkurunziza's successful presidential election campaign last year, had wanted to present his side of the story in his dispute with FDD president Hussein Radjabu whom he accused of embezzlement and judicial impropriety.

But shortly after the news conference began, police officers armed with rifles surrounded his home and announced they had received orders to prevent anyone from leaving. - Sapa-AFP
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Burundi in history: "An important piece of real estate" - US State Department memos, May to October 1972

2006-05-06T00:43:00.000-07:00

From the archives of the US State Department

Department of State

Memorandum for the President

May 3, 1972

Burundi Political Crisis - The Burundi Government has been under attack from insurgents supported by outside forces who may have entered the country from Tanzania or Zaire and joined with local tribesmen.

President Micombero remains in command of the Government and the army, but his forces have not been able to regain complete control of parts of the Bururi Province in southern Burundi where some fighting continues, hundreds of people reportedly have been killed and large areas devastated.

There are no reports of Americans or Europeans having been harmed in any of the violence. Our Embassy has advised the 125 Americans, mainly missionaries, residing in Burundi to exercise extreme prudence and remain close to their missions since there were rumors of American involvement stemming from missionary contacts with tribesmen.

In response to Micombero's request for international assistance for the refugees, Ambassador Melady has offered foodstuffs from Catholic Relief Service supplies stored in Bujumbura and plans to make additional purchases utilizing disaster relief funds.

Except for the potential danger to American citizens residing in Burundi, no American interests are threatened.

John N. Irwin II

From: http://www.state.gov/r/pa/ho/frus/nixon/e5/54737.htm

June 26, 1972

MEMORANDUM FOR: HENRY A. KISSINGER

INFORMATION

FROM: MELVIN H. LEVINE
SUBJECT: Burundi: Kennedy Criticizes Administration

...We have been in something of a dilemma over what to do about Burundi. On the one hand, the slaughter is systematic and extensive, probably involving upwards of 100,000 victims. There are strong humanitarian reasons for trying to halt it, as well as the prospect of increasing political criticism -- like Kennedy's -- if we don't act. On the other hand, there's not much we can do realistically. Our leverage in the country is miniscule. We could contemplate a public statement denouncing events, but this would have little or no positive effect in Burundi, except to subject our Embassy to official wrath -- perhaps including closure of the Mission -- and would result in African accusations that we are meddling in their affairs. For these reasons, a public statement would be contrary to our policy of avoiding quixotic moral posturing.

From http://www.state.gov/r/pa/ho/frus/nixon/e5/54738.htm

AUGUST 18, 1972

MEMORANDUM FOR DR. KISSINGER

FROM: SITUATION ROOM
SUBJECT: ADDITIONAL INFORMATION ITEMS

...BURUNDI TRIBAL SLAUGHTER GOES ON: THE EXTERMINATION OF HUTU MALES WITH ANY SEMBLANCE OF AN EDUCATION SEEMS TO BE CONTINUING IN BURUNDI. HOPES THAT UN EFFORTS TO ESTABLISH A HUMANITARIAN PRESENCE IN BURUNDI WOULD INFLUENCE THE TUTSI GOVERNMENT TO STOP. THE REPRESSION HAVE NOT YET MATERIALIZED. AMONG THE AFRICANS, ONLY PRESIDENT MOBUTU HAS SHOWN ANY SORT OF READINESS TO INVOLVE THE ORGANIZATION OF AFRICAN UNITY IN BURUNDI. NOT EVEN NEIGHBORING RWANDA, WHICH HAS A HUTU GOVERNMENT, HAS SOUGHT OAU ACTION TO SAVE BURUNDI'S HUTUS. AS FOR OURSELVES, WE ARE ASSISTING REFUGEE EFFORTS IN ZAIRE, RWANDA AND TANZANIA AS WELL AS CATHOLIC RELIEF SERVICES IN BURUNDI, WHICH REPORTEDLY HAS ACCESS TO ALL THE POPULATION.

From http://www.state.gov/r/pa/ho/frus/nixon/e5/54739.htm

September 20, 1972

MEMORANDUM FOR THE PRESIDENT

INFORMATION

FROM: HENRY A. KISSINGER
SUBJECT: Burundi - population 3.5 million

As had happened often in the past, on April 29 a group of Hutus tried to precipitate a revolt against the ruling Tutsi tribe. The revolt failed but touched off a bloody reprisal that led to possibly over 100,000 Hutu deaths, and to nearly a half-million Hutu widows and orphans.

Tribalism was at the root of the Burundi warfare. The Hutus, who rep-resent 85% of the population, wanted to overthrow the tall Tutsi (Watusis) who make up 15% of the people. The Hutu rebels killed every Tutsi that they ran across during their initial rampage which triggered the Tutsi decision to exterminate all Hutus with any semblance of leadership, i. e., those who could read or write, or those who wore shoes. Sixty thousand Hutus fled the country.

The Burundi tragedy appears to have been a strictly internal, tribal matter. Except for Zaire, which at first assisted the Burundi Government because it believed the invading rebels were connected with former Congolese dissidents, there was no African intervention. In fact, no African leader spoke out publicly against the massacres nor sought to involve the UN or the Organization of African Unity (OAU).

The United States, for humanitarian reasons and due to some Congressional concern (Senators Kennedy and Tunney), tried to interest the Africans in taking the matter to the OAU. Only Mobutu contemplated such action. Leaders such as Selassie, Ahidjo and Nyerere did not want to intervene in Burundi's internal affairs. We also urged the UN to establish a humanitarian presence hoping that this would lead to an end to the repression. Such a presence came too late.

Burundi's former colonial master, Belgium, publicly denounced the Burundi genocide, stopped military aid and slowed down their economic assistance. This had little effect on the Tutsi Government. Other Europeans, particularly the French, maintained a hands-off posture.

There is no evidence that the PRC [People's Republic of China] or USSR have played any role in Burundi, or that they seek to profit from the situation.

The outlook for the future seems bleak. Reconciliation between the Hutus and Tutsis seems impossible, and it is hard to imagine a stable situation before the majority Hutus prevail, as they have in neighboring Rwanda.

Our own interests in Burundi are microscopic (we buy some coffee). We have 150 citizens there, mostly missionaries. There has never been any threat to the safety of Europeans, whose protection the Burundi Government assured to avoid outside intervention...

From http://www.state.gov/r/pa/ho/frus/nixon/e5/54740.htm

Date: September 23, 1972
Time: 4:50 pm – 5:10 pm

Location: Camp David Telephone

Participants: Richard Nixon, Henry Kissinger

Nixon: Incidentally, your--I want you to follow through and get that ambassador from Burundi the hell--get his ass back here.

Kissinger: I tried to be--I--Rogers doesn’t want to do it because he says the killing there has potentially stopped now.

Nixon: I want to get him back and get a report on what happened.

Kissinger: Okay.

Nixon: I want to know what the hell happened.

Kissinger: Right.

Nixon: I mean, what, what is the matter--what is the matter with the State Department, Henry? They’ve killed one hundred thousand people. Is--are, are we callous about it? Don’t we care?

From http://www.state.gov/r/pa/ho/frus/nixon/e5/54742.htm

DEPARTMENT OF STATE
Washington, D.C. 20520

September 24, 1972

MEMORANDUM FOR MR. HENRY A. KISSINGER
THE WHITE HOUSE

Subject: The U.S. Response to the Burundi Tragedy

Between April 29 and the end of July, serious ethnic violence flared in Burundi. The United States during this period, both in Burundi and outside, made strong efforts to awaken African and international concern and to encourage relief to those affected.

What Actually Happened

Elements of the majority Hutu ethnic group plotted to overthrow the minority Tutsi regime. The Hutus struck in various localities on April 29, killing several thousand Tutsis. The Tutsi army with superior firepower quickly mastered the Hutu dissidents. A wave of reprisals followed, resulting in the deaths of more than 100,000 Hutus, and approximately 60,000 Hutu refugees in neighboring Rwanda, Zaire and Tanzania. (Burundi has a population of 3.6 million.)

Some of the killing was spontaneous with Tutsis attacking their Hutu neighbors. A great deal of the killing, however, was done by the government in a calculated manner designed to eliminate present and future Hutu leadership. The Tutsis clearly gave vent to their deepest fears of being eliminated as an ethnic group. Tutsis in Burundi have long been afraid of the kind of Hutu revolt which destroyed the Tutsis of Rwanda in 1959.

One of our major concerns was the safety of 150 U.S. missionaries who chose to stay with their parishoners, most of whom were Hutus. Despite the panic and the frenzy, the Tutsis were able to assure the safety of foreigners so as to minimize any basis for external involvement. In our approach to the crisis we were conscious of past Burundi suspicions against Americans. Two American Ambassadors have been asked to leave the country since independence. We were also conscious of Burundi's closeness to Zaire where we have major interests...

From: http://www.state.gov/r/pa/ho/frus/nixon/e5/54745.htm

October 10,1972

MEMORANDUM FOR HENRY KISSINGER

ACTION

FROM: Fernando E. Rondon
SUBJECT: Burundi Policy

As you recommended in your memorandum at Tab 2, the President agreed that relations with Burundi should be minimal but he added: "K - also see the Burundi Ambassador." The purpose of this memorandum is to get those instructions conveyed to State either orally, as we would suggest, or in written form as provided for in Tab 1.

In addition to informing State about our minimal relationship, the Department would be asked to call in the Burundi Ambassador and tell him that as a result of the systematic killings which took place in his country we cannot consider our relations to be normal. This line would anger the Burundi Government but probably not lead to a break in relations or to an ouster of our mission there. Such an ouster would not be in our interest because of our desire (State and CIA feel strongly about this) to monitor potential anti-Zairian activity in Burundi. (As African maps indicate, Burundi is the back door to the traditionally most restive part of Zaire (Congo). If the PRC or USSR wanted to stir up trouble in Eastern Zaire, Burundi would be the ideal basing point for rebels.) Otherwise, our interests in Burundi are minimal...

October 6, 1972

TO: AF - Mr. David D. Newsom

FROM: AF/C - Ambassador Yost
SUBJECT: Developments Affecting US Policy on Burundi

In view of the considerable current interest in the U.S. relationship with Burundi, I would like to make one or two comments for the record. They are made in the light of events since submission of Mr. Eliot's memorandum to Mr. Kissinger, dated September 24, 1972, and are of course purely personal.

1. Recent political developments in Burundi indicate a growth in the strength of the more moderate of the Tutsi factions comprising the cabinet. The Prime Minister can be said to head this faction, although it appears to have the general support if not guidance, of President Micombero. Such national reconciliation as may be possible in the coming months will, I believe, take place more easily under this group than under the leadership of the Simbananiye-Shibura-Rwuri faction. The latter is more radical both on foreign policy matters and on the question of how to deal with the Hutu majority.

2. We have indications that the Belgians are seriously considering terminating their military assistance to Burundi over the next year or two. While multilateral and bilateral economic assistance to Burundi may remain at roughly recent levels, the prospect of losing Belgian military support is likely to have a disproportionate effect on the insecure Tutsi regime. In this atmosphere, any U.S. move vis.a.vis Burundi would be examined closely for its implications for total Western intentions toward that country. The GRB is lonely and will certainly seek alternatives if it thinks the West is pulling out.

3. Chinese interest in economic [text illegible] in Burundi continues. PRC willingness to help fill the potential military gap cannot be ruled out, though a minority elitist government is not the most comfortable bedfellow for the PRC or perhaps -- in the longer term -- the most useful one. In any event, both the PRC and President Mobutu continue today to consider Burundi an important piece of real estate at the vulnerable eastern door to Zaire. If the Zaire rebels were given active support by a Burundi government, including the use of sanctuary and supply lines, the Zaire government would be faced with a substantially more serious dissident problem in the East. [text not declassified]

I therefore believe that it is in the interest of the U.S. to retain the greatest possible flexibility in Burundi, continuing our minimum presence during the current difficult period but leaving us free to make selected gestures toward the GRB if political and intertribal developments within Burundi make this useful and feasible.

Burundi, human rights, Current Affairs, Politics, Africa

Impunity in Burundi - the murder of Kassy Manlan

2006-05-06T00:27:00.000-07:00

From Internet Burundi news

BUJUMBURA, LE 10/02/2005 (BURUNDI NEWS & ABARUNDI.ORG). -Le représentant de l’OMS au Burundi, le Docteur Kassy Manhlan, a été assassiné dans la nuit du 20 au 21 novembre 2001. Pendant plus de trois ans, le déroulement de l'enquête et du procès n'auront été qu'un véritable spectacle de cirque, comme s'il y avait une main invisible qui empêchait qu'on puisse identifier les assassins et les commanditaires de ce crime crapuleux. Ce n'est que jeudi le 27 janvier qu'un avocat du barreau de Bruxelles, Me Bernard MAINGAIN, représentant la partie civile, a formulé des insinuations accusateurs contre l'ancien Chef d'État Burundais, Pierre Buyoya, et son épouse Sophie Buyoya.

Il va de soi que l'ex-couple présidentiel burundais jouit du droit de la présomption d'innocence. Mais que les assassins du Dr Manlan se tiennent bien tranquille, car comme dirait le célèbre enquêteur de la série policière Colombo, "tout finit par se savoir".

L'assassinat du Dr Manlan est bien documenté. Le dossier Manlan intéresse beaucoup de gens, pas seulement la presse, mais aussi le FBI américain qui a chargé deux de ses enquêteurs de haut rang pour mener des investigations. Ils ont sillonné le monde à la recherche des informations et ont fait un rapport à leurs autorités. Nous disposons des informations fiables concernant les rencontres des agents américains avec certains burundais au courant de l’affaire.

L’OMS a fait une enquête très poussée et le rapport serait encore classifié TOP SECRET par le directeur général de l’OMS. Il semble qu’il y aurait des complices au sein de l’OMS, ce qui par ailleurs ne serait pas surprenant. Le Secrétaire Général de l’ONU, M. Koffi ANAN, a eu aussi son rapport. Tous ces rapports sont classés confidentiels; mais certaines fuites indiquent qu’ils accusent nommément l’ancien Président Buyoya d’avoir commandité cet assassinat. Il y aurait aussi des complices au sein de l’OMS.

Par ailleurs, dans une lettre officielle classée URGENT et CONFIDENTIEL, et dont nos rédactions respectives ont obtenu copie, le Représentant Permanent de la République de Côte d’Ivoire à Genève, l’Ambassadeur Claude BEKE DASSYS, a informé son Président (de la République de Côte d’Ivoire) d’une visite qu’il a eu début septembre 2002 d’un informateur Burundais proche du pouvoir, qui lui a révélé l’identité du commanditaire de l’assassinat du Dr Kassi Manlan.

« Cet informateur, qui est l’une de mes relations génévoises et dont pour des raisons évidentes de sécurité je ne saurais communiquer l’identité par la présente […], son identité sera portée à la connaissance de mon gouvernement de vive voix », peut-on lire dans cette lettre adressée en septembre 2002 par le Représentant Permanent de la République de Côté d’Ivoire à Genève, « À l’Attention particulière de Monsieur le Président de la République ».

Les commanditaires et le mobile du crime
Au début, il y avait la malaria qui sévissait à l’intérieur du Burundi. La lutte contre cette épidémie s’était heurtée au manque de moyens financiers. Les burundais mourraient sans que le pouvoir puisse intervenir. Il fallait chercher l’argent à tout prix. L’OMS a alors décidé de financer l’achat des médicaments pour combattre cette malaria qui n’avait jamais sévi avec autant d’ampleur au delà de la crête Congo-Nil.

Dans un appel téléphonique à un correspondant à l’étranger, le Dr Kassy Manlan lui demandait si l’argent destiné à la lutte contre le paludisme avait été viré ou pas, selon son ancienne assistante accusée au départ de son assassinat puis libérée par après. Mais lorsqu’on sait qu’avant sa mort, il enquêtait sur la disparition de ces fonds et en plus ces présumés coupables appartiennent à quatre corps de police dont les renseignements généraux, la gendarmerie, la Police de Sécurité Publique et des vigiles privés, on peut affirmer, émettre des hypothèses sérieuses qu’il s’agit d’un crime d’Etat. Surtout que ces personnalités accusées sont de si haut rang qu’au-dessus d’eux, le seul qui pouvait leur donnait des ordres s’appelle l’ex-président Buyoya.

Sur le dossier Kassy Manlan, contrairement à ce qu’on pensait, l'argent n'a jamais transité à la BRB à Bujumbura. Une source bien informée affirme que le Président de la République d’alors, M. Pierre Buyoya, aurait demandé au gouverneur de la BRB de donner l'ordre de transfert de ces fonds par un compte intermédiaire. Cet ordre, seul le gouverneur de la BRB a le droit de le donner. C’est ainsi que l'OMS aurait demandé le compte pour virer les fonds et le gouverneur de la BRB, Banyiyezako, un proche de Buyoya, a demandé à ce que l'argent transite par un compte de Paris. Il a alors donné le compte d’une société de conseil du nom de KOST International, vraisemblablement dirigée par un ressortissant Togolais. Mais au lieu que l’argent continue au Burundi, il fut détourné pour une autre destination. De ce fait, pas de trace à la BRB.

Signalons aussi que KOST International n’existe plus. Il semble avoir changé de nom pour devenir KOST Consulting. Ce détournement aurait été vite remarqué par l’OMS qui a alors demandé une explication à son représentant sur place, le Dr Kassy Manlan. Manlan amorçât des investigations et de fil en aiguille, ses enquêtes le conduisirent au couple présidentiel, c’est-à-dire Pierre Buyoya et son épouse Sophie. Par des écoutes téléphoniques comme c’est d’usage courant au Burundi, les services de renseignement ont alors appris que Manlan était en train d’écrire un rapport sur ce détournement et l’en auraient alors informé le couple présidentiel qui aurait immédiatement instruit les ordres pour le liquider.

Les assassins et leurs complices
Aussitôt informé, l’ancien Président Buyoya aurait donné aux services de sécurité un ordre verbal d’éliminer le Dr Kassy Manlan. Le coordinateur de cet assassinat était l’Administrateur général adjoint de la documentation nationale, le colonel Ntunzwenayo, alias Mivuba. C’est un homme de confiance de Buyoya. Il a organisé l’assassinat avec certains chefs d’autres corps de police.

Nuni Martin, Nkurunziza Dieudonné alias NGANGURA et Mugenzi Parfait après avoir été contactés par la police, participent comme complices à l’assassinat du Dr Kassy Manlan, non pas directement mais indirectement puisque leur rôle consistait à immobiliser les vigiles au domicile de Kassy Manlan en leur menaçant avec des armes.

Ces trois complices approchés par les services de renseignements étaient d’anciens délinquants qui collaboraient de manière ponctuelle avec les services de police pour des coups de main. Signalons que NUNI et NGANGURA étaient emprisonnés à la prison centrale de MPIMBA. Le premier était condamné à huit ans, l’autre à perpétuité. L’ancien Directeur Adjoint de la prison Athanase BIZINDAVYI aurait facilité leur sorti le jour fatidique.

Comme récompense de leur participation à l’assassinat de Kassy Manlan, il leur avait été promis dix millions de francs burundais (FBU), soit dix mille dollars américains chacun et leur libération. Ils sortiront effectivement de prison quelque temps après la mort de Kassy Manlan. Mais ils apprennent alors que l’agent qui leur servait d’intermédiaire avec la police, plus simplement un autre délinquant qui les avait recruté pour cette mission d’élimination de Kassy Manlan, est tué par la police dans des circonstances non élucidées.

A l’instar de ce nommé Ninja tombé dans un piège lui tendu par la police qui lui proposait de participer à un hold-up nocturne et qui l’avait tué par après alors qu’il était sans armes, Nuni Martin, Ngangura et Parfait au lieu de percevoir les dix million leur promis auparavant se voient proposer le vol à main armé d’un véhicule d’une agence humanitaire en attendant le versement du paiement. Après avoir accompli la mission, ces complices de l’assassinat de Kassi Manlan sont surpris de voir la police récupérer l’objet de la transaction. C’est ainsi qu’ils vont commencer à se méfier de la police. Quand la Radio Publique Africaine débute ses enquêtes, ces complices livreront facilement les informations après une période de soupçon entre ceux et la radio.

Si les témoignages à charge des complices sont accablants, par contre les accusés parlent quant à eux de montage qui serait orchestré par Jean Pierre NYAMOYA et la R.P.A. Par contre, leurs témoins à décharge ne coïncident pas souvent et se contredisent dans la présentation des alibis. Par exemple le garde du corps du présumé assassin de Kassy Manlan, le commandant Aloys BIZIMANA qui l’aurait frappé trois fois à la tête, ne dit pas la même chose avec ses adjoints quant à son emploi du temps.

Le déroulement et la reconstitution du meurtre
Le soir du 20 novembre 2001, le Dr Kassy pensait qu’il rentrait du travail comme les autres soirs. Il ignorait qu’il était filé depuis quelques jours et que ce jour était le jour J, soit le 20 novembre 2001, la fin des filatures. A 22 heures, au moment de la sortie de son bureau, il est filé par trois hommes, tous des anciens militaires. Chez lui, neuf hommes l’attendaient. Il a été maîtrisé et conduit à son travail pour détruire un fichier très important et très… intéressant. C’est ce fichier qui est le mobile de son assassinat.

Après avoir détruit son fichier qui l’avait pris beaucoup de jours à confectionner et documenter, le commando l’a alors conduit chez lui pour y être tué à minuit. Son cadavre a été acheminé à bord d’une camionnette sur les bords du lac Tanganyika, près du cercle nautique, pour être dévoré par les crocodiles. Cependant, le cadavre a été épargné par les crocodiles du lac.

Enlisements de l’enquête, puis rebondissements inattendus

L’avocat de la partie civile, à savoir Madame Gertrude Nyamoya accusée d’avoir assassiné dans un premier temps Kassy Manlan puis libéré par après, a pointé du doigt l’ex-Président Pierre Buyoya pour être le commanditaire du crime. Me Maingain se base, non seulement sur une correspondance d’un diplomate ivoirien adressée au président Laurent Gbagbo mettant en cause le président Buyoya et son épouse mais aussi le détournement des fonds déposés dans des comptes à la Banque de la République du Burundi destinés à combattre la malaria. Cet argent collecté par des ONG occidentales transitait par une société financière appelée Kost International dont les liens avec l’épouse du chef de l’Etat burundais Sophie Buyoya sont clairement établis. La partie civile jette la balle dans le camp du ministère publique pour demander un audit à la B.R.B, l’audit de depuis 1999 à 2001. Ce qui est sûre, l’argent est venu mais a disparu.

L’avocat alors se défend d’accuser le Président Buyoya mais affirme par contre que ce n’est pas un pur hasard si le nom de Buyoya a été cité dans des documents internes des organisations internationales et des correspondances diplomatiques.

La veille de la reprise du procès, l’ancien Président Buyoya est parti aux Etats-Unis pour y résider pendant une période proche d’un an selon les informations recueillies à Bujumbura. Le procureur général de la République promet si c’est nécessaire de l’interroger. La question qui se pose est de savoir si le pouvoir va lâcher l’ancien Président Buyoya pour qu’il soit livré à la justice. Il faut savoir que Buyoya et Ndayizeye ont travaillé ensemble, l’un en tant que Président et l’autre en tant que vice-Président. L’ancien Président a des secrets concernant l’ancien vice-Président, il n’est pas sûr que la solidarité soit rompue. Pourtant, le peuple burundais a besoin de savoir la vérité sur cet assassinat. Les Ivoiriens ont besoin aussi de savoir, sans parler de la communauté internationale qui est à la recherche de cette aide donnée mais qui n’est jamais arrivée chez les bénéficiaires et ayant droit: la population burundaise malade et affamée par ses dirigeants.

Cet aide-mémoire a été préparé conjointement par les sites Internet BURUNDI NEWS et www.abarundi.org. A SUIVRE…
Burundi, human rights, Current Affairs, Politics, Africa

Justice for the victims of Buta

2006-05-01T11:45:00.000-07:00

This week sees the ninth anniversary of the April 30th 1997 Buta massacre, when CNDD-FDD combatants attacked a Catholic seminary in Buta, Bururi province, Burundi. According to survivors, the attackers attempted to separate Hutu students from their Tutsi classmates. When the students refused to be divided along ethnic lines, the killers massacred them all. No-one has yet been brought to justice for the massacre. Under the terms of a 2003 deal between CNDD-FDD and the then government (supported by the United Nations), all former CNDD-FDD combatants currently enjoy immunity from prosecution.

At dawn on 30 April 1997, large numbers of rebels reportedly attacked the small seminary at Buta, breaking into the pupils' dormitories. Some 40 of them are said to have been massacred, while 26 others were wounded. One soldier and a night watchman were also allegedly killed during the incident. According to information which reached the Special Rapporteur, the attackers were armed with knives, machetes, clubs, rifles, machine-guns, mortars and grenades. Several groups of assailants reportedly killed the pupils who refused to divide into ethnic groups. They also allegedly looted the dormitories, stripped the bodies and set fire to the building. The priests who were on the scene are said to have been saved thanks to the intervention of soldiers stationed inside the seminary.

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Tutu admits that the TRC failed to meet the needs of Apartheid victims

2006-04-25T09:23:00.000-07:00

TRC failed to meet needs of victims - Tutu

Archbishop Emeritus Desmond Tutu is dismayed at the "ungenerous reparations" to victims of apartheid who appeared before the Truth and Reconciliation Commission (TRC) and has appealed to white businesses to contribute funding.

On Thursday night Tutu addressed an audience of TRC participants and local and foreign dignitaries, politicians, academics and media in the cavernous Whale Well in the Iziko South African Museum in Cape Town on the TRC's 10th anniversary.

His co-speaker and former TRC commissioner Yasmin Sooka said it was time for former president FW de Klerk to come forward and admit the apartheid state had engaged in criminality.

Tutu and Sooka both suggested the white business community contribute financially, as they had "profiteered while propping up the apartheid state".

The dialogue was led by talk show host Tim Modise.
Former TRC deputy chairperson Alex Boraine was also to participate, but was ill at home with prostate cancer.

The audience heard harrowing accounts by Nohle Mohapi, the TRC's first witness, and Thembisa Simelela, sister of uMkhonto weSizwe (MK) member Nokuthula Simelela, who disappeared after two months of torture.

Mohapi spoke about the pain of her MK husband's disappearance in 1976 and the frustration at never having received feedback after testifying at the TRC. Tutu apologised to her on the TRC's behalf.

Simelela spoke of her aged mother suffering nervous breakdowns and still being unable to cope with her sister's disappearance in 1983.

Tutu said "South Africans are tremendous people" and the successes of the TRC had set an international benchmark in dealing with post-conflict situations, yet it failed to meet the needs of victims or reveal the full truth in many cases.

"My own concern is if we'll be able to uncover the evidence (of atrocities). I have my doubts. The apartheid government was very adept at hiding and destroying evidence. Cases go on for a long time and then people are acquitted and I fear it is traumatising for the victims," he said.

"We probably shouldn't have operated as we did. Amnesty was granted with immediate effect. We should have had a budget (for victims) and estimated what they should get, with immediate effect," Tutu added.

"Some people waited five years. They humbled us. Many only wanted a tombstone or money for their child to go to school."

Sooka said the commission "maybe should have focused on community reparations" instead of individuals only.

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Tanzanian mediation rejected over government's pro-FNL leanings

2006-04-22T13:22:00.000-07:00

http://www.int.iol.co.za/index.php?set_id=1&click_id=136&art_id=qw1145544300905R131

Bujumbura - South Africa will serve as mediator of peace talks between the government of Burundi and the country's lone remaining rebel group to be held in Tanzania, a senior Burundian official said Thursday.

South African President Thabo Mbeki has offered his nation's services in attempts to broker a resolution to the ongoing conflict between Bujumbura and the National Liberation Forces (FNL), the official said.

"The venue may be Dar es Salaam but mediation will be ensured by the South African facilitator, President Thabo Mbeki, with the help of regional experts," said Hussein Radjabu, the head of Burundi's ruling party.

Radjabu was speaking to reporters on his return from South Africa where he met with Mbeki, whose country has long played a leading role in Burundi's peace process, to discuss plans for the upcoming talks in Tanzania.

It was not immediately clear if Mbeki himself would attend the negotiations or send a senior representative as he did in the past when he gave the Burundi portfolio to then vice president Jacob Zuma.

Radjabu said Mbeki had told him that Tanzanian President Jakaya Kikwete had asked for South Africa's help in the talks that had been expected to begin earlier this month, but have yet to start.

However, numerous sources familiar with developments said Burundi was wary of Tanzanian mediation because of concerns Tanzanian officials may be too close to the FNL.

The FNL is the only one of Burundi's seven Hutu rebel groups that remain outside the peace process aimed at ending the tiny central African nation's 12-year ethnically driven civil war that has claimed some 300 000 lives.

The group initially refused to recognize the legitimacy of a power-sharing government headed by President Pierre Nkurunziza, himself a former Hutu rebel leader, that was elected last year.

Since then, however, the FNL has split into two groups: one headed by its longtime hardline chief Agathon Rwasa and one led by a former top lieutenant Jean Bosco Sindayigaya, who favors peace talks with Bujumbura.

Rwasa then held out an offer of peace talks but Nkurunziza balked until last month when the rebel leader agreed to unconditional negotiations in Tanzania's commercial capital.

The dates for the talks have never been formally set but many expected them to begin last weekend.

Radjabu said on Thursday that the government negotiating team would leave by the end of the week as long as details still under discussion were worked out. - Sapa-AFP

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Regional leaders call for sanctions against the FNL, FDLR and LRA

2006-04-22T01:43:00.000-07:00

http://www.alertnet.org/thenews/newsdesk/L21146495.htm

BUJUMBURA, April 21 (Reuters) - Foreign ministers from Africa's turbulent Great Lakes region on Friday called on the United Nations and African Union to impose sanctions on leaders of rebel armed groups destabilising the area.

Thousands of rebels from Burundi, Rwanda and Uganda have taken shelter in largely lawless eastern Democratic Republic of Congo and the central African region has been marred by violence and conflict for years.

"The commission has agreed to ask the African Union commission and United Nations to impose sanctions on identified leaders of rebel groups," Burundi's Foreign Affairs Minister Antoinette Batumubwira said in a joint communique for Democratic Republic of Congo, Rwanda and Uganda as well as Burundi.

Batumubwira said the countries, whose ministers met in Burundi's capital, were committed to pursuing disarmament.

"The commission recommitted itself to refusing any support to leaders of armed groups that destabilise neighbouring countries," she said.

Groups mentioned include the Lord Resistance Army in Uganda, known for targeting civilians, mutilating survivors and kidnapping some 25,000 children during its 20-year insurgency.

Its commanders are wanted by the International Criminal Court in The Hague.

The other groups are the Democratic Forces for the Liberation of Rwanda (FDLR), which has bases in eastern Congo and refuses to recognise Rwanda's government, and Rwandan Hutu militia Interahamwe, accused of taking part of in Rwanda's 1994 genocide in which some 800,000 Tutsis and moderate Hutus were killed.

In Burundi, which suffered a 12 year civil war, the Hutu Forces for National Liberation (FNL), which fights sporadically with the Burundian army, was mentioned.

Peace talks between the government and the FNL were due to start this week but failed to get off the ground.

Batumubwira said the ministers had called for a travel ban on FNL leaders and fundraising sanctions.

The group dismissed the demands.

"We have been accused of terrorism, now were are ready to negotiate peace with Burundi' s government," FNL spokesman Pasteur Habimana told Reuters. "Now, they say sanctions must be taken against us ... It is meaningless."

[NB - again, Reuters makes no mention of the FNL's persistent attacks on civilians]

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Burundi: Tanzania is supporting a "terrorist group"

2006-04-18T15:27:00.000-07:00

http://allafrica.com/stories/200604180189.html

The fate of the peace tal-ks between the Burundi government and the remaining rebel group, the Force for National Liberation (FNL) scheduled to take place in Dar es Salaam hangs in the balance.

Burundi, which has boycotted the talks, now accuses Tanzania of supporting a "terrorist group."

Since mid-March, the FNL leader Agathon Rwasa and his delegation have been in Dar es Salaam waiting for "unconditional peace negotiations with the Burundi government."

The Burundi government, through its spokesman Karenga Ramadhani, has confirmed that it has received an invitation from Tanzania requesting it to attend the peace negotiations with FNL in Dar es Salaam.

The major reason for not attending the talks, a source from the Burundi government said in Dar es Salaam last week, was the fact that the "invitation had no agenda."

As a result no delegation will be sent to Tanzania for the talks. However, just "an exploratory team to go and listen to the Tanzania government," would

The source said concerns had been raised in relation to the role being played by Tanzania in the whole issue.

"An initiative by countries in the Great Lakes region to bring peace to Burundi, chaired by Ugandan President Yoweri Museveni, declared the FNL a terrorist organisation, said the source. He added that the Burundi authorities were surprised to hear that Tanzania had offered a platform to FNL leaders.

This was after the FNL killed at least 150 Congolese refugees in Gatumba in August, 2004. Gatumba is near the Burundi-Democratic Republic of Congo border.

Tanzania's Minister for International Co-operation and Foreign Affairs Dr Asha-Rose Migiro was not available for comment.

However, a ministry official told The EastAfrican that the accusations made by Burundi were baseless because Tanzania took over the role of the mediator in the Burundi peace talks when Uganda relinquished that responsibility.

Uganda is no longer a mediator in the Burundi peace talks and according to Burundi government sources, there was nothing for mediation because FNL is illegal, and all parties who took part in the Burundi peace talks had sanctioned that stand.

A recent report by Human Rights Watch says the FNL has continued to use violence to punish civilians who refuse to support them.

At the same time, government forces are accused of continuing to commit "extra-judicial executions of suspected FNL combatants and supporters with impunity."

The report, released in February, further says that the human rights monitors on the United Nations peacekeeping force (United Nations Operation in Burundi-ONUB) say it that government soldiers were suspected of having summarily executed FNL members.

The FNL is a Hutu-extremist group linked to the militia who carried out the 1994 Rwandan genocide. Under Rwasa, the FNL forces have been implicated in a systematic campaign of attacks on civilians, both Tutsis and moderate Hutus.

One of its consistent tactics has been the ambushing of civilian vehicles on the roads around Bujumbura. Most of the FNL victims are often tortured before they are killed. Rwasa assumed leadership of the Burundian rebel group Palipehutu-FNL in 2001 after deposing the group's leader, Cossan Kabura.

The ruling CNDD-FDD was also formed by ethnic Hutu rebel group, but later transformed into a political party. Following a series of CNDD-FDD victories in elections held during June and July 2005, Pierre Nkurunziza was elected unopposed by members of parliament on August 19, 2005 and took office on August 26, 2005.

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Burundian police attack journalists

2006-04-18T15:25:00.000-07:00

http://www.amnestyusa.org/news/document.do?id=ENGAFR160042006

Burundi: Journalists and human rights monitors under attack

Press freedom and human rights in Burundi suffered a severe blow yesterday, when around thirty journalists and human rights monitors were held -- and some severely assaulted -- by police officers after a press conference in Kinindo, Bujumbura.

The press conference had been called by the CNDD-FDD parliamentarian Mathias Basabose.

The journalists faced no difficulties in gaining access to the premises when they arrived. Reports state that members of the national police and intelligence services were already present from the start of the conference.

When the conference ended, the police officers asked journalists to hand in their tapes and recording equipment so that the information could be checked. The condition was that anyone who did so would then be able to leave the premises.

The journalists refused to comply with the orders to hand over their equipment. One journalist, Charles Nshimiye, tried to escape to hand his tapes over to his colleagues waiting outside. A police officer allegedly stopped him from leaving and physically assaulted him. According to reports, the police officer then stood back and took aim at Nshimiye with his gun, but was prevented from shooting when his colleagues intervened.

On hearing the news, other journalists started to arrive in order to investigate the reports of the incident taking place. An estimated 50 police officers were stationed outside to seal off the premises. Several journalists were reportedly beaten by police officers with the butts of their Kalashnikov guns or with their truncheons. Chantal Gatore, a journalist for Radio Isanganiro, was beaten up and taken to hospital.

"The use of force exercised by police officers was clearly excessive and tantamount to cruel, inhuman and degrading treatment," said Tawanda Hondora, Acting Director of Amnesty International's Africa Programme.

The conference participants were held for more than six hours. Amongst those held were two human rights monitors from Ligue ITEKA.

Amnesty International considers last night’s incident to be an assault on press freedom in Burundi and a violation of the right to freedom of expression as enshrined in international human rights standards, including article 19 of the International Covenant on Civil and Political Rights, which clearly states that: "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds“"

"The Burundian press must be allowed to operate freely, independently, without fear of reprisals and with the full and unconditional protection from the Burundian authorities," said Tawanda Hondora, Deputy Director of the Africa Programme at Amnesty International.

"Journalists provide a vital contribution to making society more open, fair and transparent by independently reporting on and examining the activities and performance of the government. They must not be intimidated into silence."

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Tanzania: Uphold international law and arrest Agathon Rwasa

2006-03-26T15:59:00.000-08:00

The Tanzanian government has publicly stated that the FNL leader Agathon Rwasa has been in Dar Es Salaam for more than a week. They are trying to persuade the Burundian authorities, who in 2004 issued an arrest warrant for Rwasa on charges of war crimes and crimes against humanity following the August 2004 Gatumba massacre, to enter into negotiations with the FNL and offer them some kind of political deal.

Click here to email Tanzania's President via his press secretary, urging him to stop collaborating with the FNL and bring Agathon Rwasa to justice.

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Or you can write to them here:

High Commission for the United Republic of Tanzania
3 Stratford Place
London WC1 1AS

Fax: (020) 7495 8817

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Statement: A "political" killer is still a killer

2006-03-25T04:05:00.000-08:00

The Burundian government has released thousands of people classified as "political prisoners" by a new political commission. The prisoners had been charged with taking part in ethnically-motivated murders in the wake of the assassination of Burundi's President Ndadaye in 1993. Following the discourse of post-Apartheid South Africa, murderers who claim that they committed murder for "political" reasons will be entitled to preferential treatment within the judicial system.

South Africa's "Truth and Reconciliation Commission" awarded amnesties to thousands of self-confessed killers, many of them agents of the Apartheid regime who had murdered and tortured opposition activists in the 1970s and 1980s. By admitting what they had done, and by asserting that they had done it for "political" reasons, these self-confessed murderers were able to escape justice for their crimes.

At the time of the TRC's formation, the South African public was assured that suspected criminals who refused to testify before the commission would be prosecuted, as criminals, in a normal criminal court. But more than a decade after the end of minority rule, the vast majority of Apartheid killers remain free.

The Burundian government has, for a number of years, been talking of its intention to create a "Truth and Reconciliation Commission" following the South African model, while at the same time promising that the worst of the country's war criminals will face prosecution in a special chamber within the Burundian domestic courts.

Although South Africa's TRC has been aggressively promoted by its proponents as an unmitigated success, the victims of Apartheid have been rather less enthusiastic. Surveys have shown that the vast majority of victims opposed the granting of amnesties to those who had tortured them or murdered their loved ones.

It's clear what the appeal of a TRC is for Burundi's political elite, a great many of whom are themselves guilty of war crimes, crimes against humanity and, in some instances, genocide. Whether the promise of a "war crimes chamber" is anything more than a political device which will, like the promises made in South Africa, be dropped at a later date, seems less clear. In a statement issued on February 2nd, the Burundian government has asserted that justice will only be done "where a pardon is impossible". This is hardly an encouraging precedent.

If the purpose of South Africa's Truth and Reconciliation commission was to achieve justice, then it was an unmitigated failure. Awarding an amnesty to a self-confessed killer, "political" or otherwise, is not justice - it is a denial of justice. We've yet to see what the long-term social consequences of this denial of justice will be.

A wholesale denial of justice in Burundi would, of course, perfectly suit the country's political elite, both Hutu and Tutsi, who have maintained their power through murder, and manipulating others into murder, for the last four decades. This is not a reason for the international community to collaborate with such efforts.

Article eight of the Universal Declaration of Human Rights, to which the United Nations is supposedly committed, states that victims of human rights abuse have an inviolable right "to an effective remedy by a competent tribunal". Seeing the killer of one's mother, father, son or daughter walk free from prison is not an "effective remedy", and knowing that the killer claims that they committed their crime because of a political ideology will be no consolation. A "political" killer is still a killer.

The Nazi elite who oversaw the genocide of millions of European Jews in the 1940s were motivated by a political ideology, but this was never accepted as a valid excuse for their crimes. Neither was this the case in Bosnia, Kosovo, Cambodia or post-1994 Rwanda. If we accept that, in Burundi, political motivations can excuse mass-murder, then we are not only setting a dangerous precent - we are descending into hypocrisy.

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Click here to support the call for a war crimes trial for Aloys Nzabampema and independent investigation into the UN Burundi corruption scandal
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