ICC Asked to Investigate Crimes Against Humanity in Burundi

By: Ethan Snyder
Impunity Watch Reporter, Africa

2015 demonstration amid failed coup d’état in Burundi. Photo Courtesy of BBC News.

BUJUMBRA, Burundi – On Monday, September 4, the United Nations Commission of Inquiry on Burundi called upon the International Criminal Court (ICC) to investigate alleged crimes against humanity. Established in 2016, the commission was charged with examining reports of human rights violations from April 2015 to present.

President Nkurunziza announced in April 2015 that he intended to seek incumbency for a third term in conflict with Burundi’s Constitution. After an unsuccessful coup and increasing political unrest, security forces cracked down violently on suspected opposition throughout the country. It is estimated that more than 350,000 people have fled to neighboring countries that include the Democratic Republic of the Congo, Rwanda, Tanzania, and Uganda.

The commission interviewed approximately 500 witnesses who corroborated allegations of sexual violence, detention of opposition and journalists, extrajudicial executions, torture, and inhuman or degrading treatment. The Burundian government denies all allegations relating to state agents being responsible for crimes against humanity.

Chair of the Commission of Inquiry, Fatsah Ouguergouz, announced that the commission is “struck by the scale and the brutality of the violations” and that they are concerned by the “lack of will on the part of the Burundian authorities to fight against impunity and guarantee the independence of the judiciary.”

Despite multiple requests over the year-long period of investigation, the U.N. Commission was not allowed to go to Burundi and was forced to conduct the majority of their inquiry from neighboring countries.

Burundi’s lower house of parliament passed a law in 2016 to withdraw from the Rome Statute – the treaty that established the ICC. Burundi would be the first country to withdraw from the ICC. Many countries on the continent have threatened similar action citing a disproportionate number of cases and charges being brought against African nations for human rights violations. Burundi is projected to exit the ICC by October of 2017.

The ICC continues to have jurisdiction to investigate allegations of human rights violations in Burundi until their formal exit. If Burundi successfully withdraws from the Rome Statute, the ICC investigation would require a resolution from the U.N. Security Council referring the case to the ICC to continue its inquiry.

Presently, only African states have been charged in the six cases that are either ongoing or about to begin since the court was established. There are preliminary investigations that have been opened into events elsewhere in the world.

The Burundi commission noted that “[t]here is a climate of pervasive fear in Burundi. Victims have been threatened, even in exile.” Many witnesses have reported that they have been threatened or confronted by supporters of the Nkurunziza regime after fleeing to nearby countries.

Although Burundi has a history of high ethnic tensions, the commission does not find that the human rights violations are ethnically motivated.

For more information, please see: 

Human Rights Council: Interactive Dialogue on Burundi – Oral Briefing by Fatsah Ouguergouz – 19 September 2017

Africa News – UN asks ICC to investigate Burundi ‘crimes against humanity’ – 5 September 2017

New York Times – U.N. Group Accuses Burundi Leaders of Crimes Against Humanity – 4 September 2017

United Nations Human Rights: Office of the High Commissioner – Burundi: Commission of inquiry calls on the International Criminal Court to investigate possible crimes against humanity – 4 September 2017

Human Rights Watch – Burundi’s refusal to cooperate with inquiry in contempt of membership on UN rights body – 4 September 2017

United Nations Human Rights: Office of the High Commissioner – Burundi: UN investigation urges strong action in light of gross, widespread and systemic human rights violations –  20 September 2016

Syria Justice and Accountability Centre: De Mistura versus the Commission of Inquiry: Where does the Syrian conflict actually stand?

SJAC Update | September 27, 2017
UN Special Envoy to Syria Staffan De Mistura prepares to brief press | Photo Credit: U.S. Department of State

De Mistura versus the Commission of Inquiry: Where does the Syrian conflict actually stand?
On August 30, UN Special Envoy to Syria Staffan de Mistura delivered a Security Council briefing regarding the situation in Syria, wherein he spoke of de-escalating violence, advancing the political process, and combatting terrorism. In doing so, the Special Envoy painted an illusorily warm portrait of the current situation. The same week, the UN Commission of Inquiry (COI) on Syria released its latest report, highlighting a tenuous de-escalation process, widespread human rights and humanitarian law violations committed by government forces, and a peace negotiation process lacking inclusion and consensus. The stark contrast in perception of the Syrian peace process’ nature and prospects from two entities of the United Nations is concerning. De Mistura’s briefing fails to acknowledge the realities of the conflict and the peace negotiation process as they stand today. To underscore these inconsistencies, we have juxtaposed statements made by the Special Envoy with conflicting information provided by the COI’s most recent report.

  1. Praising de-escalation zones without acknowledging the risk to civilians. 

Both the Homs and Ghouta de-escalation agreements include the evacuation of fighters. Although neither agreement mentions the evacuation of civilians, in the past, civilians have been forced to evacuate alongside fighters after a truce or local ceasefire agreement. Given the past trends and significant harm on local populations, De Mistura’s statement fails to acknowledge the risks and condemn any attempt to coerce civilians to leave their homes: “Following a series of agreements with armed groups, including with the active support of Egypt and the Russian Federation, we have seen a significant reduction of violence in parts of the Ghouta de-escalation zone, although not in all of it.” 

The COI Report, while discussing truces (local agreements between the government and fighting factions that differ from broader de-escalation zones), nonetheless acknowledged the forced displacements that have occurred: “In May, pro-Government officials and mediators on one side, and armed group members and/or local council representatives on the other, negotiated and implemented truces in Barza, Tishreen and Qabun, in eastern Damascus . . . All truces mentioned above have incorporated evacuation agreements, which has led to the forced displacement of thousands of civilians from those areas.” The COI report then calls upon all parties to end the forcible displacement of civilians.

It must also be noted that the Ghouta de-escalation agreement provided for the release of 1,500 detainees – yet few have in fact been released. While the reduction in violence due to the de-escalation agreement is praiseworthy, De Mistura should use his position to exert pressure to ensure that the parties abide by international humanitarian law and the terms of the agreement itself.
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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

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According to UN Report, Migrant Children Endure Severe Human Rights Abuses

By Jenilyn Brhel
Impunity Watch Reporter, Europe

GENEVA, Switzerland – According to a September 5th report released by the United Nations Children’s Fund (UNICEF), more than 75 percent of migrant children attempting to reach Europe are victims of severe human rights abuses.

Young Child Awaiting Rescue. Photo Courtesy of Yahoo! News UK.

The findings are based on testimonies obtained from over 22,000 migrants and refugees, including 11,000 children, given to the International Organization for Migration, the UN’s Migration Agency.

Afshan Khan, UNICEF Europe Regional Director, said of the findings, “the stark reality is that it is now standard practice that children moving through the Mediterranean are abused, trafficked, beaten and discriminated against.”

The victims reported being subjected to a myriad of abuses, including sexual exploitation, forced labor, child marriage and beatings.

A 17-year-old girl from Nigeria reported being raped, held captive and threatened with violence. An Afghan boy recalled being forced into labor and beaten if he stopped working. Another child said, “if you try to run, they shoot you. If you stop working, they beat you. We were just like slaves. At the end of the day, they just lock you inside.”

UNICEF reports that children originating from sub-Saharan Africa are particularly at risk. Those travelling from Libya along the Mediterranean route are vulnerable due to the route being laden with crime and a lack of policing. The risk also increases for children who are travelling alone and over long periods of time.

The UNICEF report comes amid a substantial increase in the number of children migrating to Europe in recent years. Between 2010 and 2011, 66,000 children travelers were reported. That number has now surged to over 300,000.

The children making these harrowing journeys are often unaccompanied. Of those under 18 years of age arriving to Italy via the Mediterranean Sea passages from North Africa in 2016, 92% were alone.

“For people who leave their countries to escape violence, instability or poverty, the factors pushing them to migrate are severe, and they make perilous journeys knowing that they may be forced to pay with their dignity, their wellbeing or even their lives,” said IOM Regional Director for the European Union, Norway and Switzerland, Eugenio Ambrosi.

UNICEF’s report has prompted calls for the European Union and other parties to “put in place lasting solutions that include safe and legal migration pathways, establishing protection corridors and finding alternatives to the detention of migrant children,” said Khan.

For more information, please see:

ABC News – CORRECTION: United Nations – Children Migrants Story – 12 September 2017

Abdolu Agency – UNICEF says Many Young Migrants Face Exploitation – 12 September 2017

UNICEF – Up to Three Quarters of Children and Youth Face Abuse, Exploitation and Trafficking on Mediterranean Migration Routes – 12 September 2017

UN News Centre – Abuse, Exploitation and Trafficking ‘Stark Reality’ for Migrant Children Trying to Reach Europe – 12 September 2017

Reuters – ‘Just Like Slaves’; African Migrant Children Face Highest Risk of Abuse: Report – 11 September 2017

Yahoo! News UK – Young Migrants Face Abuse on Way to Europe – UN – 11 September 2017

Aung San Suu Kyi Speaks Publicly About the Rohingya Refugee Crisis

By: Brian Kim
Impunity Watch Reporter, Asia 

NAYPYIDAW, Myanmar – Aung San Suu Kyi, Myanmar’s de facto leader finally spoke publicly on the Rohingya refugee crisis on Tuesday, September 19th. During her statement, she mentioned that she “feels deeply” for the suffering of “all people” who are impacted by the Rakhine state conflict. She went further and condemned any “human rights violations.”

Aung San Suu Kyi finally speaks publicly about the crisis against Rohingya Muslims. Photo courtesy of NPR.

She commented that the government does not fear “international scrutiny” over the crisis and the intention of the government is not to “apportion blame or to abnegate responsibility.” Aung San Suu Kyi, who does not have control over the military, maintained that the country’s military is not responsible for the attacks against the Rohingyas.

This was Aung San Suu Kyi’s first statement since the violence started last month.

On September 18th, leaders from the UK, US, France, Canada and Australia called upon the Myanmar’s leader to end the violence against the Rohingya.

According to the United Nations, over 370,000 Rohingya – Muslims, who live in Myanmar’s Rakhine State, have resettled to Bangladesh since August 25th. The United Nations high commissioner for human rights stated that the crisis in Myanmar seems to be “a textbook example of ethnic cleansing.”

Myanmar’s presidential office cited numerous reasons and announced that Aung San Suu Kyi will not be attending the United Nations General Assembly meeting in New York City.

The Nobel Peace Prize laureate’s recent speech in the nation’s capitol drew criticisms from the international community. Many have stated that Aung San Suu Kyi did not denounce the crimes against the Rohingya community. Moreover, Amnesty International described her speech as a “mix of untruths and victim blaming.”

NPR – Aung San Suu Kyi To Skip U.N. Meeting As Criticism Over Rohingya Crisis Grows – 13 September, 2017

Aljazeera – Aung San Suu Kyi condemns ‘all human rights violations’ – 19 September, 2017

CNN – Aung San Suu Kyi breaks silence on Rohingya, sparks storm of criticism – 19 September, 2017