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The IIJD 2007 Newsletter Archive:
 
Despite hiccups in peace process, signs of prison reform surface in Burundi
By Lorie Miller
May 18, 2007
 
Burundi, which in 2006 emerged from a 12-year long civil war between the majority Hutus and minority Tutsis, must surmount many obstacles on the way to attaining peace.  Last month, rebel leaders from the Palipehutu-National Liberation Forces (Palipehutu-FNL) pulled out of the 2006 joint ceasefire agreement after it claimed that the government had not fulfilled one of its concessions. [1] While rebel leaders and government officials have agreed to continue talks, the pullout is a concerning setback for efforts toward consolidating peace.  Yet despite these hiccups in the peace process, there are encouraging signs that true change is beginning to happen in the country.  Thanks to the courageous efforts of individuals and NGOs, corrupt practices in Burundi’s justice system are being revealed and addressed, giving glimpses of a promising and brighter future for the war-ravaged nation of Burundi. 

Along with Sri Lankan human rights defenders Rajan Hoole and Kopalasingham Sritharan, Pierre Claver Mbonimpa of Burundi recently received the 2007 Martin Ennals Award for his work in exposing the inhumane treatment of prisoners in Burundi’s justice system and advocating prisoners’ rights.  According to the Martin Ennals Award website, “the Martin Ennals Award for Human Rights Defenders (MEA), created in 1993, is granted annually to someone who has demonstrated an exceptional record of combating human rights violations by courageous and innovative means. The award aims at encouraging human rights defenders who are at risk and therefore in need of immediate protection.” [2]  Eleven of the world's leading human rights NGOs are represented on the jury for the award.

A former police officer who has deservingly achieved notoriety among Burundian government officials for his passion for human rights, Mbonimpa has always been a leader in garnering support domestically and internationally for prison system reform.   Often heard on the radio in Burundi, he exposed the plight of some 9,000 people currently jailed in Burundi who have waited years for trials. [3]  He has also exposed prison officials for their methods of torture and brought public attention to overcrowded jails and the unjust imprisonment of journalists and members of civil society. [4]  

Other organizations have also taken up the cause of prison reform in Burundi.  The Human Rights Watch recently published a document detailing human rights abuses children in Burundi suffer when they enter the prison system.  Because the Burundian court system considers 13 year olds to be adults, they receive the same sentencing as adults and no alternatives to incarceration.  According to Alison Des Forges, the senior Africa advisor for the Human Rights Watch, once in prison, "Children are sometimes tortured to extract confessions, and most have no access to legal advice or representation.  Children are locked up alongside adults in overcrowded and miserable conditions for months or even years as they await trial." [5]  The Human Rights Watch has also accused members of the national intelligence service (SNR) in Burundi for their involvement in mysterious disappearances of detainees, extrajudicial executions, and arbitrary arrests and torture. [6]  Currently, the SNR operates without any independent oversight.

Encouragingly, the warnings of Mbonimpa and the organization Human Rights Watch have not gone altogether unheeded.  Evidence of increased attention to issues of unjust detainment and torture is beginning to surface; for example, the intelligence service, which answers directly to President Pierre Nkurunziza, has been accused of torture in the arrests and detainments of a number of people suspected in an alleged coup plot. [7]  Whether formal charges will follow these accusations remains to be seen.

Recently, the UN Peacebuilding Commission visited Burundi with the objective of assessing the situation on the ground and creating a strategy for how the Commission might contribute to bringing lasting peace.  For the Commission, the most pressing priority is the immediate implementation of the ceasefire agreement, but it also recognizes the long-term goals of supporting “inclusive political dialogue, human rights and good governance.” [8] 

It is important for political dialogue between the opposing sides to reach a permanent ceasefire agreement, but perhaps equally important is reform in Burundi's justice system, particularly in the prison system.  Towards this end, the IIJD commends Pierre Claver Mbonimpa for his work in advocating for human rights in Burundi and calls for the continued support of the international community in seeking and implementing long-term solutions to political and ethnic conflict in Burundi.  Lasting peace will be built on a foundation of protecting human rights, empowering and independent judicial systems, and increased accountability in all levels of governance.  Towards these objectives, the IIJD calls for the increased internal and external oversight of the intelligence service and prison system in Burundi.  Recent disappearances as well as incidents of torture and arbitrary arrests must be investigated and their perpetrators brought to justice.  As Burundi continues to consolidate its own peace, and East Africa works toward a political and economic union of willing governments, human rights violations must not be allowed to agitate the  wounds wrought by years of conflict.