Subcommittee on International Human Rights Committee on Sept. 22nd, 2016

[The Chair, Liberal, Michael Levitt]

Good afternoon, everybody, and thank you for being here for the Subcommittee on International Human Rights.

I want to introduce and welcome our two guests today from Global Affairs Canada. We have Leslie Norton, who is the acting assistant deputy minister, Sub-Saharan Africa branch. We also have Jean-Bernard Parenteau, director, West and Central Africa division.

Please start with your opening remarks, and then we can get right into it. I know there are lots of questions for you.

[Leslie Norton, Acting Assistant Deputy Minister, Sub-Saharan Africa Branch, Department of Foreign Affairs, Trade and Development]

Good afternoon, Mr. Chair and members of the subcommittee. I am pleased to provide an update today on the human rights situation in Burundi. I'm accompanied today by my colleague, Jean-Bernard Parenteau, as you mentioned, and he is the director, West and Central Africa division, Global Affairs Canada.

I'll begin with a brief overview of the political situation in Burundi that hastened the crisis. Second, I will speak to the current human rights situation in Burundi. Third, I will outline the Government of Burundi's response to the human rights situation. I'll then conclude by outlining Canada's efforts to support human rights in Burundi.

In July 2015, President Pierre Nkurunziza, leader of the current regime, won a controversial third term. Many considered his candidacy unconstitutional and against the spirit of the Arusha accords, the political framework that allowed Burundi to emerge from civil war in the early 2000s and see a period of relative peace until the current crisis.

The constitutional court's decision in May 2015 to permit the president to seek a third term sparked demonstrations that were violently suppressed. A subsequent failed coup d'état by a group of military officers led to the government intensifying its crackdown and triggered a downward spiral in the human rights situation, which persists to this day.

The ongoing political crisis has had tragic humanitarian, economic, and social impacts on the population. The UN High Commissioner for Refugees reports that the conflict has led to more than 285,000 Burundians seeking asylum in neighbouring countries since April 2015. The International Organization for Migration reports an additional 110,000 people have been internally displaced.

According to the September 20, 2016, report by the United Nations Independent Investigation on Burundi, more than 1,000 people have been killed, thousands more tortured or illegally detained, hundreds have disappeared, and unknown numbers of women have been victims of sexual crimes. According to the UNIIB, most of these violations have been perpetrated by members of the security, intelligence, and defence forces, including the militant youth wing of the ruling party. However, the report also states that regime opponents have also committed abuses.

Since the beginning of the crisis, the regime has suspended the operations of many civil society organizations, radio stations, and publishers of independent media. For instance, four Burundian lawyers who contributed to the UN Committee against Torture special report on Burundi in July are facing disbarment in Burundi for their involvement. Many other journalists and human rights defenders have fled the country under duress.

The UN Committee against Torture also called on Burundi to ensure the protection of citizens belonging to the ethnic minority, notably Tutsi, by refraining from public statements that could exacerbate tensions or incite hate.

In an August 2016 press release, the UN Special Adviser on the Prevention of Genocide expressed concern that Pascal Nyabenda, president of the National Assembly, was making irresponsible statements that could be “interpreted as genocide denial“ and that had the potential “to inflame ethnic tensions, both within Burundi and outside its borders”.

The Government of Burundi has agreed to participate in the Inter-Burundi Dialogue, an east African community-led, African Union-endorsed dialogue, anchored by the mediator, President Museveni of Uganda, and EAC facilitator Mkapa, former president of Tanzania.

However, the government has proved unwilling to engage certain members of the opposition alliance known as CNARED or the Conseil National pour le Respect de l’Accord d’Arusha, particularly those perceived to have taken up arms against the regime. With no clear path to a political solution and increased militarization of opposition groups, the threat of worsening violence and human rights violations looms.

Since November 2015, the UN Security Council has passed three resolutions on Burundi. Each of these reiterates deep concern over the violence and humanitarian consequences, and implores Burundi to find a peaceful solution to the political impasse.

The most recent, UN Security Council Resolution 2303 from July 2016, calls for the establishment of a UN police regiment, or contingent, of 228 officers, which has thus far been refused by the Government of Burundi. Furthermore, in December 2015, the African Union Peace and Security Council called for a 5,000-strong force comprising troops, police, human rights observers, and military experts. Regrettably, this was also rejected by Burundi.

Numerous high-level visits to Burundi have taken place in 2016, including by two UN Security Council teams, UN Secretary-General Ban Ki-Moon, and a special African Union mission comprising five African heads of state, led by South African President Zuma.

These visits have led to some concessions from Burundi, including the agreement to allow the African Union to send in 100 human rights observers and 100 military experts. Unfortunately, only a fraction of these have been admitted to the country so far, due to what appears to be deliberate bureaucratic delays by the regime.

Canada made many representations to the United Nations Human Rights Council regarding Burundi. It has also made several public statements on this.

For instance, in a press release dated December 13, 2015, the Canadian Minister of Foreign Affairs and the Minister of International Development and the Francophonie condemned the violence and the violation of human rights in Burundi. They also asked the Burundi government to respect the fundamental rights of all of its citizens.

Canada has spoken out publicly and with vigour in favour of an inter-Burundi dialogue. In addition, it has used diplomatic channels, including discussions initiated by the Department of Foreign Affairs, in order to mobilize Burundi's neighbouring countries and to further regional cooperation to solve the political crisis. Since the beginning of the crisis, Canada has helped to meet the needs in Burundi, including those of people who sought refuge in neighbouring countries, with a contribution of more than $8 million to United Nations institutions, to the International Red Cross and Red Crescent Movement, as well as to NGOs. Our humanitarian assistance contributes to ensuring the protection of those who are affected, to providing food aid, shelter, health care, water and water treatment facilities, as well as access to education and means of subsistence.

Moreover, in 2015-2016, through the Canada Fund for Local Initiatives, Canada provided $95,000 to several civil society organizations in Burundi, so as to implement projects promoting human rights and democratic development. The objective, among others, was to help important NGOs who were forced to flee the country and whose bank accounts in Burundi had been frozen.

As an example, Canada provided support to Radio Publique Africaine, the most popular radio station in Burundi, to allow it to continue to broadcast programs. Canada also provided support to the Office of the High Commissioner for Human Rights in Burundi, as well as to its observation and investigation mission on the status of human rights in Burundi. The HCHR Office in Burundi was created in January 2015, and is the best source of objective and expert information and documents on violations of human rights in that country.

Canada is determined to support the health and rights of women and children through several development aid initiatives in Burundi. Through Canadian civil society organizations, we help to promote the independence of women and girls by fighting against sexual and sexist violence in the Great Lakes region, by helping to increase the independence and decision-making capacity of widows and their children, and by improving the health of women, newborns and children.

Thank you, Mr. Chair.

[The Chair, Liberal, Michael Levitt]

Thank you very much, Ms. Norton.

We will move on to the first round of questioning. MP Anderson, you have the first question.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

I want to thank you for being with us here today.

I would like to start with a bit of a general question. What is Canada's position on international heads of state, of government, who run for election in violation of their constitutions or try to amend their constitutions in order to solidify their place as leaders? Do we make statements on that, or do we just stay out of it? What is our position regarding that? I guess the next question would be what the minister has said on that, as well.

[Leslie Norton]

I am not aware that the minister has said anything on that, but I could be wrong. I will get back to you on whether there has been a public statement on it.

However, what I would like to say specifically about Burundi is that the Arusha agreement of 2000 does limit the term of the president to two terms. In the case of Canada, we are asking the government in question to uphold the Arusha agreement, which limits it to two terms.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

My understanding is that the agreement had a lot to do with settling, or trying to put some division between some of the ethnic problems in the country.

I wonder how you see this. Is this violence an ethnic issue, a religious issue, or a straight political power grab?

[Leslie Norton]

I think there are a number of mixed opinions on this, but the cause for this particular crisis at this time is seen as political and not ethnic, even though certain people are trying to introduce an ethnic element into it.

You're right; the Arusha agreement reads very much like a constitution, and it was trying to ensure a system of quotas and power-sharing guarantees for the two main ethnic groups in the country.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

When you say that some people are trying to introduce ethnicity as an issue, would you say that is coming from the government primarily, or is it coming from outside the government?

[Jean-Bernard Parenteau, Director, West and Central Africa Division, Department of Foreign Affairs, Trade and Development]

There are instances where some observers have seen that kind of behaviour coming from the government.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Okay, so they're trying to use that to their advantage to create more trouble.

Can you talk a little about the role of the African Union? You talked a bit about a number of people who have been assigned, and the fact that they're having difficulty getting into the country. I'm wondering if you can give me a little more explanation as to the role they might play, whether you see them being effective, because if they aren't, obviously then, we need to start looking at some other solutions. I'd be interested in what you might see those solutions as being.

[Leslie Norton]

As mentioned, there have been a number of high-level visits to Burundi. One of them was an AU mission and as a result of that mission, Burundi did agree to allow 100 AU human rights observers and 100 AU military experts to monitor the situation inside the country. However, to date, only a small number have been permitted entry by the government.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

What would be effective ways to put pressure on them so they would accommodate that agreement they've already made? Are there places that we, as a country, can have an impact in insisting that they see that agreement through?

Can I back up too? Do you think 100 observers are going to be effective in dealing with this issue?

[Jean-Bernard Parenteau]

Certainly the more observers we have from a diversity of organizations would be helpful.

Partly to answer your first question as well, and the latest, another organization that has been following the crisis very closely and trying to make a difference is the Organisation Internationale de la Francophonie, with the appointment of a Great Lakes special envoy who has tried to make a few trips to Bujumbura, the capital of the country.

Canada as well, as a member of la Francophonie, certainly supports the spirit of what we call the Déclaration de Bamako, which was approved by the members of la Francophonie in 2000, and that does underline the concept of rupture de la démocratie, looking at all the violations of human rights.

One concrete step taken by la Francophonie, with the support of Canada, was the suspension of multilateral co-operation with Burundi last April as well. That's an example of the type of pressure that is being put by the international community, including Canada.

[Leslie Norton]

If I can just continue the African Union Peace and Security Council approved a peacekeeping force to Burundi, and indeed they had to abandon the plan in January 2016 in face of the strong opposition from the president, who said that any such move would be considered an invasion.

You asked specifically whether the number of human rights observers and military experts is enough. What's important is to get eyes on the ground and to have people bear witness and stand with the people of Burundi.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

You just talked a little about the geography of the conflict. Is it centred primarily around the capital? Is it spread out right through the whole country? I know there are issues at the border, particularly for women who are trying to get across. Can you explain a little more? Is it widespread or is it contained around the capital and is a political fight in that area?

[Jean-Bernard Parenteau]

At first it was mainly contained around the capital and some districts of the capital, but obviously with the widespread refugee displacement in the country—upwards of 280,000 refugees—and considering that it's a very small country, we can safely say it's touching most of the country.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Who is looking after the refugees?

[Leslie Norton]

Once the refugees cross the border, it is the UN High Commissioner for Refugees who has the mandate to provide assistance and protection to the refugees. For people who are internally displaced in the country, it will depend on who is given the mandate internally in the country to do so. At this time, it is either IOM or UNHCR.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

This government set up a new office of human rights, freedoms and inclusion. As far as you know, is it engaging with Burundi, and if it is, how is that happening?

[Leslie Norton]

I don't know specifically if that bureau is engaging with the Government of Burundi, but I can certainly say that the ministry writ large has been engaging with the Government of Burundi, as has the minister, on a number of occasions.

The department itself has been very active in a range of areas, from interacting with the Government of Burundi at a range of levels to being very active in the Human Rights Council in Geneva.

[The Chair, Liberal, Michael Levitt]

Thank you very much, Ms. Norton.

The next question is from MP Tabbara.

[Marwan Tabbara, Liberal, Kitchener South—Hespeler, ON]

Thank you both for being here.

I want to add to Mr. Anderson's question. He mentioned the refugees. What is the status of the refugees who have fled to neighbouring countries? Are they in danger of any sort? Do they face persecution?

[Leslie Norton]

From what I understand, the refugees are primarily in Rwanda, and there are some in Tanzania. Both countries have a long history of providing protection to refugees. However, we understand that because there have been some words shared between the governments of Burundi and Rwanda, there is a different dialectic at this time from Rwanda. That being said, again, when refugees cross a border, it is the UN High Commissioner for Refugees who provides protection and assistance.

Tanzania has an incredibly long history of hosting those seeking asylum.

[Marwan Tabbara, Liberal, Kitchener South—Hespeler, ON]

Thank you.

The Office of the UN High Commissioner for Human Rights report on Burundi mentioned violations of human rights amounting to crimes against humanity. The European Union and the United States have imposed target sanctions. Has Canada put any sanctions on Burundi or any pressure on the current government?

[Leslie Norton]

Canada would be obliged to put in place sanctions authorized by the Security Council and would stand ready to implement such sanctions under the United Nations Act. We could also impose sanctions under what we call SEMA, the Special Economic Measures Act, in the event that a grave breach of international peace and security were to occur, whether it led or could lead to a serious international crisis. Also, under SEMA, Canada could choose to support sanctions against Burundi authorized by an international organization to which Canada belongs.

Those are the steps that we could take to impose sanctions.