Evidence of meeting #127 for Subcommittee on International Human Rights in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was crisis.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Chair  Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.)
Armel Niyongere  Lawyer, As an Individual
Pacifique Nininahazwe  President, Forum pour la Conscience et le Développement

1 p.m.

The Chair Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.)

Good afternoon. Welcome to the Subcommittee on International Human Rights.

Today, we will be updating the study we have been doing on the human rights situation in Burundi and Rwanda.

Pursuant to the motion adopted by the subcommittee on Thursday, June 16, 2016, the subcommittee is resuming its study of the human rights situation in Burundi.

Today we welcome two witnesses via teleconference. The first is Mr. Armel Niyongere, a lawyer. He is the president of Action des chrétiens pour l’abolition de la torture au Burundi, or ACAT-Burundi, and the originator and director of SOS-Torture/Burundi. The second witness is Mr. Pacifique Nininahazwe, president of the Forum pour la conscience et le développement.

I want to thank the witnesses for participating, and for their work and perseverance on human rights.

We did attempt to do a video conference with our two witnesses, but due to the technical issues between here and Africa, we have them just on teleconference. What this means is that the interpretation will likely be subsequent to, as opposed to during, the intervention. They will summarize the answer, so please wait. The interpretation will then kick in.

I will ask the witnesses to state their name when they begin speaking. Since we do not have a video image, it is very important for us to know who is speaking.

They will be speaking in French, so please do wait for the interpretation, if you require interpretation.

We don't have witnesses here in the room, but we are still televised, and the entire room will be televised. Please be aware of that as well.

Let us begin with our first witness.

Mr. Niyongere, please go ahead.

1 p.m.

Armel Niyongere Lawyer, As an Individual

Thank you very much for the opportunity to speak.

My name is Armel Niyongere. I am a lawyer. I am also the president of Action des chrétiens pour l'abolition de la torture au Burundi and the director of SOS-Torture/Burundi. I am counsel to the victims in the International Criminal Court investigation. There are 1,600 victims' families. I am one of the defence lawyers for the civilian parties.

1:05 p.m.

Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.)

The Chair

Very good.

You now have 10 minutes for your presentation.

1:05 p.m.

Lawyer, As an Individual

Armel Niyongere

Okay.

My presentation will focus on the political impasse and the risk of an explosion of violence.

First, I will show how the failure of the fifth and final round of the Inter-Burundi Dialogue led by the East African Community is deepening Burundi's political impasse and increasing the risk of an escalation of violence as the only means of political expression.

Second, I will provide some typical examples of the context. From January to October 2018, Burundi saw a surge in human rights violations. There were also acts of torture and other cruel, inhumane or degrading treatment leading to death. There were instances of enforced disappearances, but my friend Pacifique Nininahazwe can elaborate on that. That is his area of expertise and he has a lot more information about it than I do.

I will also talk about sexual assault and extrajudicial executions and murders.

Finally, I will talk about the venom propagated by the hate speech of certain authorities in the country, starting with Pierre Nkurunziza, the President of Burundi.

After the failure of the fifth and final round of the Inter-Burundi talks, scheduled from October 24 to 29, 2018, Burundi finds itself in a serious political impasse, with a risk of violence as the only means of political expression.

I also want to talk about how the hope for compromise was ruined by the boycotting of the proceedings by the government and the parties from its own movement, as they did not attend the final round.

Representatives of CNARED, an opposition in exile platform, and opponents residing in Burundi, for their part, met from September 21 to 23, 2018, in Entebbe, Uganda, and produced a joint memorandum to be issued to the facilitators.

In general, all the parties deplored the unilateral revision of the constitution by the Burundi government and stressed that the Arusha Accord must be upheld, which still represents the foundation for a return to peace and security in Burundi.

There must be conditions that are conducive to respect for human rights and the voluntary return of refugees so that free, peaceful and transparent elections can be held in 2020. Similarly, the media that were destroyed and the civil society organizations that were suspended or eliminated must be restored.

Clearly, the failure of mediation by the East African Community and the government's continuous closing of public space are important factors in the deterioration of the political and security situation, in view of the rise in hate speech and violence during the 2020 election process.

I also want to give a few typical examples of the context. To this end, I have sent some photos to the clerk of the subcommittee.

Burundi has seen a surge in human rights violations from January to October 2018. This year has been marked by numerous human rights violations committed in a general climate of terror maintained by the government using elements of the national police and the national intelligence service, as well as the Imbonerakure militia and a few elements of the Democratic Forces for the Liberation of Rwanda, or FDLR, which committed genocide in Rwanda in 1994. The Imbonerakure militia controls the entire territory and constantly commits all kinds of abuse, unchecked, and with impunity.

On the whole, the human rights violations committed from January to October 2018 are similar to those committed in the three previous years. SOS-Torture/Burundi recorded 182 murders, 571 arbitrary arrests, 91 cases of torture, 24 enforced disappearances, and 27 cases of sexual assault. These various acts were committed concurrently by the national police, the national intelligence service, and Imbonerakure militiamen and the CNDD-FDD party, with complete impunity.

The examples highlighted illustrate the unchecked power of the Imbonerakure militia over the population and the territory. Officers of the national police and the national intelligence service commit all kinds of abuses. These abuses have repeatedly resulted in the death of the victims, or serious damage to their health.

As to acts of torture and other cruel, inhumane or degrading treatment leading to death, let consider the emblematic case of Simon Bizimana. This young member of the Cendajuru commune, Cankuzo province, was murdered for his refusal, on religious grounds, to register to vote in the constitutional referendum of May 2018. Simon Bizimana died in Cankuzo hospital on March 17, 2018. A month earlier, on February 14, 2018, to be precise, he was arrested by the Gisoro hill leader, Marc Nimpa, and interrogated on his knees in front of the Cendajuru police chief. He was then allegedly taken to the bush and beaten with a rebar and his bible by the Cendajuru commune administrator, Béatrice Nibaruta. The following day, after another torture session at the hands of the Cendajuru administrator, the young man, with blood coming out of his nose and ears, was taken to the province's capital by Bonaventure Niyonkuru, the provincial head of the national intelligence service in Cankuzo. You will find this young man's full story in the 119th report of SOS-Torture/Burundi.

I will now talk about cases of torture with grave consequences.

On September 15, 2018, Alexis Nibizi, the communal secretary of the ruling party, the CNDD-FDD, along with Imbonerakure militiamen Augustin Nkurikiye, Nestor Nzokirantevye and Paul, violently tortured Elias Yamuremye on Rugajo hill, Cibitoke province. The victim is the vice-representative of the opposition party FNL faithful to MP Agathon Rwasa, in Mugina commune. The local head of the governing party blamed him for refusing to join the CNDD-FDD party. Mr. Yamuremye had to be evacuated to a health centre for intensive care. You will find his full story in the 145th report of SOS-Torture/Burundi.

My friend Pacifique Nininahazwe will go into greater detail about the enforced disappearances.

Since the start of the crisis, there have been many enforced disappearances in Burundi, a number of which could be politically motivated. Those targeted are young people, but also people who are seen as opponents. Individuals from the Democratic Republic of Congo and especially Rwanda have been key targets in these disappearances.

1:10 p.m.

Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.)

The Chair

Pardon me, but your 10 minutes are up. Will you be able to finish your presentation soon? You may also speak during the question and answer period.

1:15 p.m.

Lawyer, As an Individual

Armel Niyongere

Okay.

As to cases of sexual assault, rape has become a routine occurrence in Burundi. They are committed nearly across the board, even without regard for age. Very young children are targeted, as are seniors. I have already sent you my presentation. You can review the photos and the cases presented.

There is also the venom propagated by hate speech. We have identified the speech given by Pierre Nkurunziza at the gathering for the official start of the dissemination period for the new constitution, on December 12, 2017, in Bugendana commune, Gitega province. There was also the speech given by Nzopfabarushe, an influential member of the CNDD-FDD. There was the speech by the Gashoho commune administrator, Désiré Bigirimana...

1:15 p.m.

Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.)

The Chair

Thank you very much. I have to stop you there; we are out of time. We have to move on to the second witness. You may comment further during the question and answer period.

1:15 p.m.

Lawyer, As an Individual

Armel Niyongere

Okay, thank you.

1:15 p.m.

Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.)

The Chair

The second witness is Mr. Pacifique Nininahazwe.

You may begin. You have 10 minutes, please.

1:15 p.m.

Pacifique Nininahazwe President, Forum pour la Conscience et le Développement

Thank you.

Ladies and gentlemen of the committee, it is an honour to appear before you to report on the current situation in my country of Burundi. I recognize the importance of this opportunity, especially since I do not have the right to speak before my own country's parliament. Because of my commitment to defending human rights in Burundi, I am in fact accused of being a criminal and traitor to my country.

Like all the main human rights organizations, my organization, FOCODE, is banned in Burundi. My organization's bank accounts and my personal accounts have been seized. There is an international arrest warrant against me, as there is against those in charge of the other main organizations that defend human rights in Burundi. Most fortunately, these bogus warrants have been disregarded by the international community. Finally, like most other defenders of human rights, I am among the half a million Burundians who have had to flee the country because of a regime that does not tolerate any dissent.

I would also like to take this opportunity to thank the Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development of Canada's House of Commons for its sustained interest in the political crisis in my country since April 2015. We must always remember that this crisis is the result of President Pierre Nkurunziza's desire to secure a third term of office, in violation of the Burundian constitution of March 2015 and the Arusha peace and reconciliation agreement for Burundi of August 28, 2000. We have always greatly appreciated the subcommittee's reports and recommendations. Holding new debates and meetings about the situation in Burundi keeps the country on the international community's agenda, at a time when the authorities in Burundi are trying to bury the crisis and keep saying that “everything is fine”.

There have been no improvements in the situation in Burundi since April 2015. On the contrary, it keeps deteriorating and there is no solution on the horizon at this time.

With respect to security, there has been a calm period in the country since the gunfire stopped in the city of Bujumbura. The streets of the capital are no longer littered with dead bodies as they were at the start of the crisis. That said, many people, primarily opponents of President Nkurunziza's regime, keep disappearing, without the slightest police or judicial investigation of these disappearances.

What has changed, however, is the modus operandi of the crimes: operations to abduct citizens have become more discrete; extrajudicial executions are committed in secret; and bodies are thrown into lakes or graves guarded by Imbonerakure militiamen. A general climate of fear reigns among the population, which is controlled by the Imbonerakure militia, who have nearly all police powers, and who also commit many acts of violence.

There is still a risk of civil war. A number of attacks in northwestern Burundi have been reported recently, with the RED-Tabara movement taking credit.

Politically, the Burundian authorities are keeping the political space closed. The main civil society organizations are still banned, as are most independent media.

Last May, President Nkurunziza had a new constitution adopted by referendum which makes it possible for him to override a number of inconvenient provisions of the Arusha Accord. Although he announced that he will not be a candidate in 2020, there is nothing stopping him from seeking two more terms of office and remaining in power until 2034. The new constitution allows him to establish a monarchy. With a view to evading potential proceedings of the International Criminal Court, he made sure that this convention stipulates that no Burundian person may be extradited. As Mr. Armel said, this constitution was adopted in a climate of terror and without any independent international observation.

As to human rights, serious violations are ongoing, as noted in the latest report of the UN Commission of Inquiry on Burundi. This report mentions possible crimes against humanity, including murders, extrajudicial executions, torture, rape of women, and enforced disappearances.

In addition to these serious violations, the UN Commission of Inquiry on Burundi condemned hate speech from the country's most senior officials, including President Pierre Nkurunziza.

True to form, Burundi's authorities responded by denying the claims and hurling insults. They threatened to withdraw from the UN Human Rights Council, saying the UN experts were not welcome and calling the commission's chair the son of a slave trader. After the commission of inquiry submitted its first report in September 2017, Burundi withdrew from the Rome Statute of the International Criminal Court.

Socio-economically, Burundi's economy is in shambles and its people live in unspeakable poverty. Despite that, Pierre Nkurunziza's regime clings to power, thanks mainly to the money it receives from its peacekeeping missions in Somalia and the Central African Republic. These missions have made it possible for the regime to encourage, and build support among, the most zealous elements of the repression, access the money to pay the Imbonerakure militia and limit fluctuations in Burundi's currency. It is quite the paradox: peacekeeping missions are helping to stabilize other countries while strengthening Burundi's bloody dictatorship.

In those difficult conditions, human rights organizations are continuing to document human rights violations. Most work in exile but have built very good relationships with the people and rely on observer networks that have been in place for years. The work of the UN Commission of Inquiry on Burundi and the investigation of the International Criminal Court are based mainly on the documentation provided by human rights organizations, which are in need of greater international support.

For instance, my organization, the FOCODE, has been documenting enforced disappearance cases since April 2016. Before we got involved, the narrative on the current repression in Burundi was practically silent on the issue of enforced disappearances. Families would tell us that loved ones had been arrested by elements in the security forces but that they could not locate them in the official institutions. Paralyzed by fear and the possibility of reprisal, families opted not to speak out about the incidents, all the while faced with an agonizing dilemma. Should they keep looking for their loved one or assume they had been killed and mourn the loss?

On April 28, 2016, the FOCODE launched the Ndondeza campaign against enforced disappearances in Burundi. “Ndondeza” is a Kirundi word that means “help me find my loved one”. Since then, the FOCODE has documented 91 disappearances out of approximately 300 cases submitted by families looking for their loved ones. We regularly post the cases we have identified on our website, and we indicate the person's name as well as the circumstances surrounding their disappearance.

Our research shows that most of the victims are people who protested against Pierre Nkurunziza's third term, opposition party supporters, members of the former army or former rebel movements deemed to be opponents of the current regime, human rights advocates such as journalists and civil society activists and, in rare cases, Imbonerakure militia members who could testify to crimes committed by the regime. The forces involved in the disappearances are most often the national intelligence service, in other words, Burundi's secret service, the national police, the army and the Imbonerakure militia. Unfortunately, Burundi's authorities never comment on the cases of citizens who have disappeared.

Given this bleak situation, it's natural to wonder what can be done about the crisis. What can Canada do to help?

First of all, it is crucial that Burundi remain on the international community's agenda. Canada will soon become a member of the UN Security Council, and we expect it to urge the council to keep up pressure on Burundi's authorities.

Second of all, the solution to the crisis in Burundi inevitably lies in the various political players coming together for genuine talks. The Burundi government boycotted the fifth round of the inter-Burundi dialogue, as Mr. Armel mentioned, and, over the past three years, the East African Co-operation has basically failed to bring the government and opposition to the same table. The UN and the African Union need to lead the dialogue process, and meaningful action needs to be taken against any player that thwarts the dialogue.

On that note, I'd like to underscore something. One of the recommendations in your recent report is to take targeted sanctions against certain Burundian officials, mainly by imposing a travel ban and freezing their assets.

Third, the 2000 Arusha accord must underpin the solution to the crisis, and Pierre Nkurunziza's new constitution must be rejected.

Fourth, getting the country back on track hinges on such key elements as the dissolution of the lmbonerakure militia, the protection of exiled leaders, the reinstatement of civil liberties, including for independent media and civil society, the reform of security and defence forces, and refugee repatriation.

Fifth, the solution to the crisis in Burundi must not include impunity for international crimes. It must ensure that the current International Criminal Court process is respected and that an independent judicial system equipped to prosecute perpetrators of serious crimes in Burundi is established.

I see I'm going to run out of time.

1:25 p.m.

Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.)

The Chair

Thank you very much, Mr. Nininahazwe. I'm sorry, but you've been talking for 12 minutes already.

We'll start our questions with Mr. Reid, for seven minutes.

1:25 p.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Thank you very much to both of our witnesses.

I'll start with our first witness.

There may have been a translation issue, but at one point I thought you said that the incidents of violence were escalating. However, I also heard what sounded like they were at a steady state. Can I get confirmation? Has there been an escalation in the level of violence in the past six months to a year?

1:25 p.m.

Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

That would be for Armel.

1:25 p.m.

Lawyer, As an Individual

Armel Niyongere

Thank you for the question.

Indeed, there has been an escalation in human rights violations in Burundi, according to the data we have for the period from January to October 2018.

I also mentioned the hate speech coming from the country's top officials, not the least of whom is the president of the republic, Pierre Nkurunziza. The Speaker of the Senate has also made remarks, and videos circulate of the Imbonerakure singing songs proclaiming they will commit crimes against opponents should an election be held in 2020. It is clear that the Imbonerakure militia, the country's top-ranking authorities and the national intelligence service are getting organized. Yes, human rights violations are up.

Something else I mentioned was the recent report released by the UN Commission of Inquiry on Burundi. The report indicated that crimes against humanity are being committed in Burundi.

The hate speech coming from the country's top officials, the songs sung by members of the the Imbonerakure militia, all of those things are evidence that something is in the works. We are calling on the international community, including the Canadian government, to act swiftly to protect Burundi's people.

November 6th, 2018 / 1:30 p.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Thank you.

Mr. Nininahazwe, you have a website on which you have an index of people who are the victims of forced disappearance. First, could you repeat to us the website address?

Second, you have 91 individuals recorded out of roughly 300 that you know of. Could you tell us over what time period the 300 disappearances have taken place? Is that over the entire three-year period since 2015, or is it over a shorter period?

1:30 p.m.

President, Forum pour la Conscience et le Développement

Pacifique Nininahazwe

Thank you for the question.

The website for the Ndondeza campaign against enforced disappearances in Burundi is www.ndondeza.org. There, you will find the cases we've documented.

The purpose of the campaign isn't so much to compile statistics. The goal is actually to put a face to victims, to identify them, to retrace what happened between when they were arrested and when their family realized they had disappeared. It's a big job. We systematically investigate everything that happened from the time the person was arrested.

Although we've documented 91 cases, more than 300 families have asked us to look into their case since April 2016. International organizations, among others, estimate that between 300 and 900 people have disappeared since April 2015. From our investigations, we have seen the number of enforced disappearances go up in 2018.

1:30 p.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Do you believe that keeping this kind of detailed record of specific incidents could serve as an incentive to people who might engage in this kind of human rights abuse to not do so because they face future potential punishment?

Could it have that role?

1:30 p.m.

President, Forum pour la Conscience et le Développement

Pacifique Nininahazwe

Yes, absolutely.

We've already heard from the national police force and the national intelligence service that agents of the state are refusing to participate in these crimes out of fear the Ndondeza campaign will expose them.

We are also seeing growing secrecy around abduction activities in 2018. In the three years prior, members of the national police or national intelligence service would go to people's homes to arrest them, in front of their families, out in the open, and then they would disappear. In 2018, however, they began taking a more sophisticated approach. What they are doing now is asking a friend of the victim to call them up to arrange a meeting, usually in a strange place. The next thing the family knows is that their loved one has been arrested and has disappeared unbeknownst to them. That means agents of the state are becoming worried about what we're doing through the Ndondeza campaign.

1:35 p.m.

Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.)

The Chair

Okay.

Thank you very much.

That's the end of the seven minutes.

We'll go to Mr. Tabbara for another seven minutes.

1:35 p.m.

Liberal

Marwan Tabbara Liberal Kitchener South—Hespeler, ON

Mr. Picard, did you want to go first?

1:35 p.m.

Liberal

Michel Picard Liberal Montarville, QC

Go ahead, and I'll finish it if there's still some time.

1:35 p.m.

Liberal

Marwan Tabbara Liberal Kitchener South—Hespeler, ON

I'd like to thank the witnesses for their presentations.

My first question will be for the first witness, Armel.

In your testimony, you talked about human rights violations and kidnappings. I wanted to ask you about the role of the AU, the African Union.

Have they had a vital role within Burundi in helping alleviate some of these human rights abuses?

1:35 p.m.

Lawyer, As an Individual

Armel Niyongere

The African Union hasn't done anything about the crimes being committed in Burundi since the crisis began. It has had observers there since the beginning, but I don't believe they've produced any reports on the human rights violations. As far as I know, they aren't permitted to visit secret locations or meet with national intelligence service officers to record arrests and arbitrary detentions. I don't think the African Union has the power or the will to investigate the human rights violations.

1:35 p.m.

Liberal

Marwan Tabbara Liberal Kitchener South—Hespeler, ON

Thank you.

My next question is for Mr. Nininahazwe.

My question would be on the role of the media. Have they been heavily influenced by the regime? Have individuals been imprisoned for broadcasting certain information that maybe the regime didn't find favourable? Can you speak to the role of the media in Burundi a bit more?

1:35 p.m.

President, Forum pour la Conscience et le Développement

Pacifique Nininahazwe

Thank you for the question.

Independent media have played a major role in the crisis. That explains why those in power have gone after the media, with state defence and security forces setting fire to independent radio stations.

Since the crisis began, many journalists have gone into exile. More than 60 are refugees. Most are in neighbouring countries. Despite being in exile, the members of the Burundian press have remained very active. The little bit of information the Burundian people do receive now comes mainly from two independent radio stations operating in exile. They are making a tremendous contribution.

In Burundi, Pierre Nkurunziza's regime continues to target and crack down on journalists. Every so often, we see that yet another journalist has fled Burundi because they dared to investigate a difficult matter or write an editorial that didn't please those in power. Most of the journalists who stayed in the country are very hesitant to openly condemn the serious human rights violations going on. The online newspaper Iwacu, which is struggling more and more, is having major trouble operating and continues to come under pressure from the regime.