Situation of human rights in Burundi

The Commission on Human Rights,

Mindful of the Charter of the United Nations, the Universal Declaration of Human Rights and the international covenants on human rights,

Reaffirming its commitment to respect for the principles of the rule of law, which involve democracy, pluralism and respect for human rights and fundamental freedoms,

Stressing that all States have the duty to promote and protect human rights and to fulfil their obligations under the various instruments to which they are parties,

Considering Security Council resolution 1072 (1996) of 30 August 1996,Recalling its resolution 1998/82 of 24 April 1998,Recalling also that the primary responsibility for peace lies with the Government and people of Burundi,

Acknowledging the efforts made by the United Nations, the Organization of African Unity and the European Union aimed at contributing to a peaceful settlement of the Burundian crisis,

Acclaiming the decision of the Government of Burundi to launch a comprehensive peace process and initiate nationwide political negotiations open to all parties, and the progress made in negotiations among the political forces, including the signature of a political compact as part of the internal peace process,

Taking into account the efforts made so far by the Burundian Government and other parties to the Arusha talks to bring about lasting peace,

Considering that effective action to prevent further violations of human rights and fundamental freedoms is essential to the stability and reconstruction of Burundi and the lasting restoration of the rule of law,

Recognizing the important role of women in the reconciliation process and the search for peace, and urging the Government of Burundi to ensure the equal participation of women in Burundian society and to improve their living conditions,

1. Takes note of the report by the Special Rapporteur on the situation of human rights in Burundi to the General Assembly (A/53/490) and his oral presentation to the Commission on the human rights situation in Burundi;

2. Supports the political compact between the Government of Burundi and the National Assembly, and the dialogue among Burundians, including the armed factions, taking place in the Arusha peace process;

3. Hails the suspension by the neighbouring countries of their embargo on Burundi;

4. Encourages the Government of Burundi to continue its actions aimed at associating all sectors of Burundian society in the work of national reconciliation and at the restoration of a safe, generally reassuring institutional order so as to bring back democracy and peace in the interest of the Burundian population;

5. Takes note of progress in security and public order but regrets that the security situation in parts of the country remains unstable, forcing many people to leave their homes;

6. Encourages continued efforts to dismantle the regroupment camps and the return of displaced persons to their villages as and when security conditions permit;

7. Takes note of the efforts by the Government of Burundi to ensure that established legal safeguards for human rights and international human rights standards are fully respected;

8. Invites the Government of Burundi to take more measures, including in the judicial sphere, to put an end to impunity, in particular by bringing to trial those responsible for violations of human rights and of international humanitarian law, in accordance with relevant international principles, and urges the Government to accelerate the specific procedures for inquiries in case of such violations;

9. Exhorts the Government of Burundi to make its judicial institutions more effective and transparent, and to address the questions of the length of provisional detention and conditions in detention;

10. Welcomes the efforts of the Government of Burundi to ensure the safety of staff of the United Nations and humanitarian organizations and that of individuals in Burundi serving in the same cause;

11. Urges all parties to the conflict to end the cycle of violence and killings, especially blind violence against the civilian population;

12. Takes note of the encouraging signs in the struggle against impunity and for the promotion of human rights on the part of the Government of Burundi; but expresses its deep concern at the violations of human rights and of international humanitarian law, in particular reports of massacres, enforced or involuntary disappearances, and arbitrary arrests and detention;

13. Supports the continuation by the Office of the United Nations High Commissioner for Human Rights of the programme of assistance for members of the armed forces and the police in the field of human rights and legal assistance;

14. Adjures the parties to the conflict to abstain vigorously from any action liable to hamper operations by the International Committee of the Red Cross and other humanitarian assistance to those affected by the war;

15. Also adjures all parties to the conflict in Burundi to work constructively with the international mediators in the search for a lasting peace;

16. Expresses its appreciation of efforts by the mediators of the United Nations, the Organization of African Unity and the European Union in the search for a lasting solution to the problems of Burundi;

17. Encourages the Organization of African Unity in its efforts, particularly through its Mechanism for Conflict Prevention, Management and Resolution, to remain engaged in preventing the further deterioration of the situation;

18. Reaffirms that peace, development, human rights and humanitarian issues are interdependent, and thus welcomes the call made by the Security Council in resolution 1234 (1999) for an international conference on peace, security and stability in the Great Lakes region;

19. Commends the human rights observer mission in Burundi for the activities it is conducting in the field, welcomes the cooperation afforded to it by the Government of Burundi, and calls for the strengthening of that observer mission through voluntary contributions;

20. Condemns the illegal sale and distribution of weapons and related materials which disturb peace and security in the region;

21. Requests States not to allow their territories to be used as bases for incursions or attacks against another State, in violation of the principles of international law, including the Charter of the United Nations;

22. Exhorts States and international, governmental and non-governmental organizations to cooperate with initiatives to put Burundi back on its feet, and to give the Government of Burundi financial backing for such initiatives;

23. Urges the international community to resume economic cooperation with Burundi and continue to provide humanitarian assistance needed by displaced persons and returnees in Burundi, so that the peace process initiated in the country may become a tangible sign of reconciliation;

24. Decides to extend the Special Rapporteur's mandate by one year, and to request the Special Rapporteur to submit an interim report on the human rights situation in Burundi to the General Assembly at its fifty-fourth session, and a report to the Commission at its fifty-sixth session, giving his work a gender-specific dimension.

50^th meeting
23 April 1999[Adopted without a vote. See chap. IX.]