Human Rights Law at Burundi

01 May 2025 --
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Human rights law in Burundi is shaped by domestic constitutional law and international human rights commitments, although the country has faced significant challenges in terms of human rights protections, particularly due to its political instability and internal conflicts.

Here's an overview of human rights law in Burundi:

🇧🇮 Burundi's Human Rights Framework

1. Constitutional Protections

Burundi's Constitution (adopted in 2005) guarantees fundamental human rights and freedoms. Some key provisions include:

Article 1: Establishes Burundi as a democratic republic and affirms the sovereignty of its people.

Article 13: Guarantees freedom of expression, including the freedom of the press and the right to assembly.

Article 19: Provides the right to life and prohibits arbitrary deprivation of life.

Article 24: Prohibits torture and other forms of cruel, inhuman, or degrading treatment or punishment.

Article 34: Affirms the equality of all citizens before the law and prohibits discrimination based on ethnic, political, or religious differences.

However, the 2015 constitutional amendments have been a source of contention, as critics argue that they grant too much power to the president, potentially undermining democratic and human rights protections.

2. International Human Rights Instruments

Burundi is a signatory to several international and regional human rights instruments, including:

African Charter on Human and Peoples' Rights (ACHPR): Burundi ratified this key regional human rights treaty, which enshrines civil, political, economic, social, and cultural rights.

International Covenant on Civil and Political Rights (ICCPR): Burundi is a party to this UN treaty, which protects civil and political rights.

International Covenant on Economic, Social, and Cultural Rights (ICESCR): Burundi has ratified this treaty, which aims to promote economic, social, and cultural rights.

Convention on the Elimination of All Forms of Racial Discrimination (CERD): Burundi is a party to this treaty and is committed to eliminating racial discrimination.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Burundi has ratified this treaty and is committed to eliminating gender-based discrimination.

However, despite ratifying these treaties, Burundi's record on human rights has been widely criticized, particularly after the 2015 political crisis.

3. Enforcement and Institutions

Burundi's Judiciary: The judiciary is tasked with enforcing human rights protections, but its independence has been questioned. There are concerns about political interference in the judiciary, especially during times of political unrest.

National Human Rights Commission: Burundi has a National Independent Human Rights Commission (CNIDH), which is meant to monitor human rights issues in the country. However, its effectiveness has been limited, and there are concerns that it is not fully independent.

Ombudsman: The Office of the Ombudsman is another institution designed to handle complaints related to human rights violations. However, critics argue that it is ineffective and not always impartial.

International Bodies: Human rights organizations, including Amnesty International and Human Rights Watch, monitor and report on human rights abuses in Burundi. The United Nations Human Rights Council and regional bodies such as the African Union have also been involved in highlighting violations.

4. Human Rights Challenges in Burundi

Burundi faces serious challenges when it comes to human rights protection:

Political Repression: Since the 2015 political crisis, when President Pierre Nkurunziza announced he would run for a third term (a decision that led to protests, violence, and a failed coup), political opposition and civil society organizations have been heavily repressed. Political opponents, journalists, and human rights defenders have faced arrests, harassment, and extrajudicial killings.

Freedom of Expression: The freedom of the press and freedom of speech have been severely restricted. Journalists critical of the government have been targeted for violence, arrest, and threats. In 2015, several media outlets were shut down, and many journalists were forced into exile.

Arbitrary Arrests and Detentions: There have been widespread reports of arbitrary arrests and detentions of political opponents, human rights activists, and journalists. These individuals are often detained without charge, and conditions in detention facilities are harsh.

Torture and Inhumane Treatment: There have been credible reports of torture and ill-treatment of detainees, including both government opponents and members of ethnic minorities. These violations are often carried out by government security forces, including the National Intelligence Service (SNR).

Displacement and Refugees: The political instability and violence in Burundi have led to internal displacement and a large number of refugees fleeing to neighboring countries, particularly Rwanda, Tanzania, and Uganda.

Ethnic Tensions and Discrimination: While Burundi's ethnic tensions between the Hutu and Tutsi populations have been a longstanding issue, there are concerns that ethnic divisions are being exploited for political gain, exacerbating discrimination and violence.

Women's Rights: Gender-based violence, including sexual violence, remains a significant issue, particularly in the context of conflict and political unrest. Although Burundi has made some progress in addressing gender equality in law, there are significant gaps in implementation and access to protection for women.

LGBTQ+ Rights: LGBTQ+ individuals in Burundi face discrimination, harassment, and social stigma. Homosexuality is criminalized in Burundi, and LGBTQ+ people face arrest, violence, and persecution, particularly in the context of the government’s broader human rights crackdown.

5. Recent Developments

Post-2015 Crisis: Following the 2015 political crisis, Burundi experienced significant political instability. President Nkurunziza's decision to seek a third term led to protests, violence, and the eventual withdrawal of Burundi from the International Criminal Court (ICC) in 2017. While there has been a relative period of stability under the current president, Évariste Ndayishimiye, human rights violations continue to be reported.

Reforms under President Ndayishimiye: Since Ndayishimiye's election in 2020, the government has made public commitments to improving human rights and democracy. However, the repression of political opposition and media restrictions have continued under his leadership, and the implementation of reforms remains inconsistent.

International Scrutiny: Burundi's human rights record remains under scrutiny by international organizations. The United Nations, African Union, and European Union have all expressed concerns about the country’s human rights situation, especially regarding freedom of expression, political repression, and violence against civilians.