New York/Ottawa/The Hague
Following years of political crisis in a context of persistent human rights violations and impunity, Burundi’s government has not yet shown a will to support or tolerate the free and independent work of human rights defenders and advocates for civil and political liberties in the country.
In early 2020, after the death of former President Pierre Nkurunziza - who stayed in office for 15 years and whose administration was marked by rampant human rights abuses arising to the gravity-threshold of alleged crimes against humanity - the election of Mr. Evariste Ndayishimiye raised expectations for a new country with an economy in severe decline. However, hopes for increased political and civil rights under the new presidency have faded as there have been further documented state-sponsored abuses, widespread repression, and arbitrary arrests.
On 8 October 2020, former opposition lawmaker Mr. Fabien Banciryanino was arbitrarily detained on charges of undermining state security, defamation, and “calumny and rebellion against institutions.” As a fierce outspoken opposition MP and human rights defender, Mr. Banciryanino has documented over his five years, politically motivated killings and enforced disappearances allegedly perpetrated by state security forces. Additionally, he vehemently objected to Burundi pulling out of the Rome Statute of the International Criminal Court, which earned him life threats and continuous persecution. Rebellion and threatening State security have been used as grounds for the illegal detention of other human rights defenders, such as Germain Rukuki, currently serving a 32-year prison sentence.
Following the referral of the situation by PGA Member, Ms. Anita Vandenbeld, MP (Canada) and PGA partner, The Raoul Wallenberg Centre for Human Rights (RWCHR), founding members of the Parliamentary Rapid Response Team (PARRT) who support human rights defenders and parliamentarians at-risk stated:
We denounce the accusations against Mr. Banciryanino for condemning human rights abuses in his country and urge authorities to immediately and unconditionally release him. As Members of Parliament, it is our duty to scrutinize the Executive’s actions, and we must not be silenced or persecuted for our constitutionally protected speeches in Parliament. It is of utmost importance to guarantee freedom of expression without fear of retaliation. As a State Party to the most important human rights treaties, these actions taken by the Burundi government are incompatible with International Human Rights Law, especially with the provisions enshrined in the International Covenant on Civil and Political Rights (ICCPR).
Ms. Vandenbeld, who has been engaging with the Burundian diaspora in Canada, provided PGA and PARRT members worrying updates regarding Mr. Banciryanino’s imprisonment conditions. According to Burundi’s National Human Rights Commission (Commission nationale indépendante des droits humains, CNIDH), Mr. Banciryanino has been put in isolation allegedly for signing a letter address to the CNIDH President denouncing ill-treatment and torture, especially inflicted on those in confinement (article available in French). However, in the same report, the Commission did not confirm such allegations. On this note, Ms. Vandenbeld has stressed that:
His situation is very critical. Let me highlight that torture and other forms of ill-treatment are considered to be one of the worse violations of the integrity and dignity of a human being. It is one of a handful that is universally recognized, and no exceptions are allowed, whether during peace or war or during any type of emergency.
In this vein, PGA and the RWCHR stress that, as a jus cogens norm, every state is entitled to investigate, prosecute and punish those accused of torture. This obligation may lead to States prosecuting those responsible under the principle of Universal Jurisdiction. Therefore, it is imperative that the State apparatus stop committing these violations and protect the rights of Mr. Banciryanino, journalists, and human rights defenders.
Both organizations are also concerned about the life sentences given to 12 journalists and human rights defenders in exile for their alleged involvement in the failed coup of May 2015. As conveyed by Prof. Irwin Cotler and Baroness Helena Kennedy during a strategic meeting held in March 2021, one of the most serious threats to democracy, the Rule of Law, and human rights are assaults on media freedom. The High-Level Panel of Legal Experts on Media Freedom have drafted comprehensive reports on the effective protection of journalists.
As threats and attacks against journalists are becoming more recurrent, even in countries where democratic institutions are robust, PGA and the RWCHR recognize the importance of Magnitsky-type sanctions as a powerful tool to sanction and bring to justice those individuals who commit grave human rights abuses. Moreover, PGA and the RWCHR urge Burundi to conduct all the necessary institutional reforms and take the appropriate measures to make sure that human rights are safeguarded and respected at all times. Freedom of information is an integral part of the universally recognized right of freedom of expression, as recognized by resolution 59 of the UN General Assembly adopted in 1946 and Article 19 of the Universal Declaration of Human Rights (1948).
Noting this particular situation, PARRT Founding Member, Dep. Raymonde Lawson (Togo), and PGA member Dr. Esther Cuesta (Ecuador), expressed their firm support towards former MP Banciryanino:
As legislators, we decry these acts which not only undermine democracy but also prevent the free enjoyment of fundamental civil and political rights. The separation of powers is necessary to prevent abuses and safeguard freedom for all. Prosecutors involved in this case should provide compelling evidence linking Mr. Banciryanino to these serious accusations and should not be influenced by any external actor. If no such evidence can be found, he must be unconditionally and immediately released from prison. We call on the Government to allow journalists to carry on with their jobs, which is to report facts, denounce abuses, and alert the population, based on reliable and accurate information.
