Burundi

CIVICUS Universal Periodic Review (UPR) Submissions on Civil Society Space
CIVICUS and its partners have submitted joint and stand-alone UN Universal Periodic Review (UPR) submissions on 5 countries in advance of the 29th UPR session in January 2018. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.

Countries Examined: Burundi, France, Israel, Serbia, and the UAE

Burundi: CIVICUS, APRODH, LigueITEKA, DefendDefenders and FIDH examine the failure of the Government of Burundi to implement the vast majority of recommendations it accepted and noted during Burundi’s previous UPR cycle. In the submission, we highlight the restrictions on fundamental freedoms, the targeting of human rights defenders and Burundi’s refusal to cooperate with international human rights institutions and mechanisms. We further examine the high levels of impunity enjoyed by government officials, members of the security forces and the armed wing of the ruling CNDD-FDD party, the Imbonerakure.

France: While France has faced serious terrorist threats since its last UPR review, measures taken to protect the public from attacks have had negative consequences for the exercise of the fundamental freedoms of association, peaceful assembly and expression. In its submission to Frances third UPR review, CIVICUS outlines a series of concerns related to France’s decision to repeatedly extend its state of emergency, which has expanded powers of arrest, detention and surveillance of security forces without adequate judicial oversight and without due regard for the proportionality of measures taken to restrict fundamental freedoms.

Israel: CIVICUS, PNGO and ANND raise concern over ongoing violations of international human rights and humanitarian law committed in Israel and the Occupied Palestinian Territory since Israel’s previous UPR examination. Worryingly, the authorities continue to subvert the right to freedom of expression through the criminalization of dissent online. Human rights defenders and peaceful protesters also routinely face arbitrary arrest and are held in administrative detention to suppress their legitimate work.

Serbia: CIVICUS, the Human Rights House Belgrade (Belgrade Centre for Human Rights, Civic Initiatives, Helsinki Committee for Human Rights in Serbia, Lawyers Committee for Human Rights) and Human Rights House Foundation document the continued intimidation, attacks and harassment of human rights defenders and journalists who report on sensitive issues, such as transitional justice, corruption or government accountability. Additionally, we assess how vilification of and smear campaigns against human right defenders, CSOs, and independent media outlets is undermining the work of civil society.

United Arab Emirates: In its joint UPR submission, CIVICUS, the Gulf Centre for Human Rights and the International Service for Human Rights examine the continued suppression of fundamental democratic freedoms in the United Arab Emirates. This report explores the ongoing systematic campaign to persecute human rights defenders through arbitrary arrests, torture, deportation and the continued use of draconian legislation to restrict freedom of expression, association and peaceful assembly.
CIVICUS' UN Universal Periodic Review submissions on civil society space in the United Arab Emirates (UAE) & Burundi
The United Nations Human Rights Council's Universal Periodic Review is a unique process which involves a review of the human rights records of all 193 UN Member States once every 4.5 years.

CIVICUS and its partners have submitted UN Universal Periodic Review (UPR) submissions on two countries in advance of the 43^rd UPR session in April-May 2023. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 3^rd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.

United Arab Emirates - See consolidated report | See full version in English –The submission by CIVICUS, Emirates Detainees Advocacy Centre (EDAC), Gulf Centre for Human Rights (GCHR) and the World Organisation Against Torture (OMCT) highlights concerns over the increasing barriers against civil society organisations (CSOs) operating independently in the UAE and the persistent targeting of civil society organisations (CSOs). The UAE authorities have created a hostile environment for CSOs and denied labour unions the right to operate and advocate for the rights of workers. The report also documents the use of security-related legislation to persecute human rights defenders (HRDs), academics, journalists and bloggers, who have been subjected to harsh prison conditions and kept in detention beyond their sentences.

Burundi - See consolidated report | See full version in English –In this submission, CIVICUS, Defend Defenders, Ligue Iteka and Association Burundaise pour la Protection des Droits Humains et des Personnes Détenues (APRODH) report the persistent human rights violations and abuses in Burundi, including extrajudicial killings, enforced disappearances, torture and arbitrary arrests, as well as severe restrictions on civil and political rights and widespread impunity. The submission further highlights the targeting of CSOs and HRDs through restrictive laws and practices, and judicial harassment in the form of fabricated cases and unfair trials.
Civil society facing reprisals for engagement in UN human rights mechanisms
Statement at the 45th Session of the UN Human Rights Council

Acts of reprisal pose a threat to the functioning of UN human rights mechanisms as a whole. Civil society engagement is fundamentally necessary to ensure adequate reporting to these mechanisms and to promote human rights, in and outside the UN. Reprisals lead to self-censorship, weakened engagement and watered-down reporting, and represent an attack against UN mechanisms themselves.

This week, the Amnesty International India section was forced to stop its ongoing work and let go of its staff after a complete freezing of the organisation’s bank account. India is a member of this Council, and it is particularly egregious that the country has effectively shuttered a critical voice in researching and reporting human rights violations to UN mechanisms.

We are also alarmed that in China, one of the most prolific perpetrators of reprisals, human rights defenders, activists and lawyers reported that they had been targeted for engaging with the United Nations staff or human rights mechanisms. In September 2018, the Permanent Mission of Burundi in Geneva requested that OHCHR withdrew the accreditation of various human rights defenders. In Cambodia, attacks by the government against prominent rights group LICADHO, STT and Mother Nature, among others, risks impeding them from their vital monitoring and reporting work and severely restricts the ability of defenders to engage with human rights mechanisms at a critical time when Cambodia's human rights are in freefall.

We urge Member States to not only refrain from such acts of intimidation and reprisals, but to address them. It is past time to impose a real political cost for the deliberate weakening of our human rights mechanisms.
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Human rights defender Cyriaque Nibitegeka speaks to CIVICUS about Burundi’s withdrawal from the International Criminal Court and the implications for human rights and victims of human rights abuses. Nibitegeka is one of the leaders of civil society in Burundi. He is also a lawyer and member of the Burundi Bar. He was a professor at the Law Faculty of the University of Burundi before being dismissed for his human rights activities.
El acoso alcanza lo virtual: mujeres activistas y periodistas denuncian su situación

Periodistas, feministas, activistas y defensoras de los derechos humanos de todo el mundo se enfrentan al acoso virtual. En esta serie, la alianza global de la sociedad civil CIVICUS pone de relieve cómo el acoso virtual tiene un marcado componente de género, a través de los relatos de mujeres que trabajan para defender nuestras libertades democráticas. Estos testimonios se publican con carácter original en Global Voices gracias a una colaboración entre CIVICUS y Global Voices.

Para esta periodista filipina, cada día es una lucha contra el miedo

La represión contra medios y periodistas independientes también ha sido implacable. Los ataques y amenazas a periodistas, el empleo de ejércitos de troles y bots virtuales, especialmente durante la pandemia de COVID-19, han contribuido a la autocensura, con el consiguiente efecto disuasorio en el mundo de la comunicación y el público en general.En esta primera parte de la serie, la periodista filipina Inday Espina-Varona cuenta su historia.

Periodista eslovena, a quien el primer ministro llamó prostituta, cuenta su historia

Evgenija Carl es una periodista de investigación de Eslovenia. Tras realizar un reportaje televisivo sobre el partido de oposición SDS en 2016, Janez Janša, uno de los principales políticos de aquel entonces, la llamó “prostituta” en Twitter. El acoso en línea se intensificó luego, cuando Janša se convirtió en primer ministro esloveno. Lea la historia de Evgenija Carl aquí.

Amenazas de violación en línea conectan activista libanesa con miles de otras mujeres que enfrentan maltrato

Desde octubre de 2019, protestas antigubernamentales conocidas como la “Revolución de Octubre” surgieron en todo el Líbano. Los manifestantes piden la destitución del Gobierno y plantean su preocupación por la corrupción, servicios públicos deficientes y falta de confianza en la clase gobernante. Las protestas han recibido violencia sin precedentes de las fuerzas de seguridad. El país ha enfrentado una crisis política, que empeoró por la explosión del puerto de Beirut en agosto de 2020. Las feministas han estado al frente a la revolución y se ofrecieron para dar asistencia tras la explosión. En la tercera parte de esta serie, Maya El Ammar, escritora, activista, y profesional de comunicaciones feminista, cuenta su historia y el abuso en línea que sigue enfrentando.

Ataques personales persiguen a defensora de derechos humanos de Burundi exiliada en Uganda

Durante el régimen del sucesor de Nkurunziza, el presidente Évariste Ndayishimiye, periodistas y defensores de derechos humanos siguen enfrentando dificultades. El arresto de activistas políticos y el reciente anuncio público de la sentencia a cadena perpetua de 34 exiliados —que incluyen periodistas y defensores de derechos humanos— acusados de intento de golpe contra el expresidente ilustran los obstáculos a la libre expresión en el país. Chantal Mutamuriza, feminista, defensora de los derechos humanos y fundadora de la ONG Light For All (Luz para todos), nos cuenta su historia del continuo acoso en línea que enfrenta.
Faire partie de CIVICUS nous a permis de défendre les droits des prisonniers au Burundi
English | Spanish

A l’occasion des25 ans de CIVICUS, SABUSHIMIKE Mamert, Président del'Association des Amis de la Nature (AAN) et chargé de la communication et du plaidoyer au sein de la Coalition du Burundi pour la Défense des Droits de l’Homme, exprime comment faire partie de CIVICUS -l’Alliance Mondiale pour la participation des citoyens – a permis à son association d’avoir un impact pour l’amélioration des conditions des prisonniers au Burundi et le respect de leurs droits. @mamertsabushim

Faire partie de l’Alliance Mondiale pour la participation des citoyens (CIVICUS) est une innovation importante et une très bonne chose pour moi, pour les membres de mon organisation : Association des Amis de la Nature et pour certains prisonniers du Burundi.

J’ai reçu de nouvelles connaissances en plaidoyer grâce à CIVICUS, qui ont été à la base de l’amélioration des conditions de vie, d’hygiène et d’assainissement des prisonniers du Burundi, particulièrement dans la principale prison du pays MPIMBA qui enfermait 3664 détenus en janvier 2018 avec une capacité d’accueil de 800 détenus.
Harassment goes virtual: Women activists and journalists speak out

Women journalists, feminists, activists, and human rights defenders around the world are facing virtual harassment. In this series, global civil society alliance CIVICUS highlights the gendered nature of virtual harassment through the stories of women working to defend our democratic freedoms. These testimonies are originally published onGlobal Voices through a partnership between CIVICUS and Global Voices.

For this Filipina journalist, every day is a battle with fear

There has been a relentless crackdown against independent media and journalists. Threats and attacks against journalists, as well as the deployment of armies of trolls and online bots, especially during the COVID-19 pandemic, have contributed to self-censorship—this has had a chilling effect within the media industry and among the wider public. In this first part of the series, Filipina journalist Inday Espina-Varona tells her story.

Called a prostitute by the prime minister, a Slovenian journalist tells her story (Ler em portugues)

Evgenija Carl is an investigative journalist from Slovenia. After she produced a television report about the opposition SDS party in 2016, a leading politician at the time, Janez Janša, called her a “prostitute” on Twitter. When Janša later became Slovenian prime minister, the online abuse intensified. Read Evgenija Carl's story here.

Online rape threats connect Lebanese activist to ‘thousands of other women’ facing abuse (باللغة العربية)

Since October 2019, anti-government protests known as the “October Revolution” have erupted across Lebanon. Protesters have called for the removal of the government and raised concerns about corruption, poor public services, and a lack of trust in the ruling class. Protests have been met with unprecedented violence from security forces. Feminists have been at the forefront of the revolution and have stepped up to provide assistance in the aftermath of the explosion. In the third part of this series,Maya El Ammar, a Lebanese feminist writer, activist and communications professional, tells herstory and the online abuse she continues to face.

Personal attacks follow Burundi human rights defender into exile in Uganda (Lire en français)

Under the regime of President Évariste Ndayishimiye, journalists and rights defenders continue to face challenges. The arrest of political activists and the recent public announcement of the sentencing of 34 exiled people—including journalists and human rights defenders—to life imprisonment illustrate the obstacles to free expression in the country. Chantal Mutamuriza, a feminist, human rights defender, and founder of the Light For All NGO, tells us her story of the continuous online harassment she faces day in and day out.

Intimidation, censorship, and defamation in the virtual sphere

In Syria, hundreds of thousands of people have died since 2011. Numerous human rights violations have taken place during the Syrian crisis - arbitrary detentions, torture, assassination of journalists, and the violent repression of protests, make Syria one of the most volatile countries in the Middle East and North Africa. Originally from Syria, Weaam Youssef is Programme Manager for Women Human Rights Defenders for the Gulf Region and Neighboring Countries. This is the story of Weaam.

Herself a victim of cyberbullying, Lindsey Kukunda fights online violence against women in Uganda

More than half of Ugandan women experience physical violence, while one in five is subjected to sexual violence; many also face psychological abuse, forced and early marriage, and female genital mutilation. In 2014, Uganda introduced a law against pornography that has been used to target and prosecute women, especially women whose nude photos have been shared online without their consent. Lindsey Kukunda is a feminist, writer, and human rights defender. She is also the managing director of Her Empire, a feminist organization that runs two programmes: Not Your Body and The Mentor’s Network. Lindsey tells us her story.
Joint Letter: Continued human rights monitoring needed in Burundi
To Permanent Representatives of Member and Observer States of the United Nations (UN) Human Rights Council, Geneva, Switzerland

Burundi: Vital role of the Commission of Inquiry in prompting meaningful human rights progress

Excellencies,

Ahead of the 45^thsession of the UN Human Rights Council (hereafter “HRC” or “the Council”), we, the undersigned national, regional and international civil society organisations, write to urge your delegation to support the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi. In the context of recent political developments, such a renewal, building off the investments to date in and from the CoI, would provide the best opportunity to prompt meaningful human rights progress in Burundi.

As of today, the CoI remains the only independent mechanism mandated to document human rights violations and abuses (including on their extent and whether they may constitute crimes under international law), monitor, and publicly report on the situation in Burundi, with sufficient resources and experience to do so. Changing political realities do not amount to systemic human rights change, and the Council has a responsibility to continue supporting victims and survivors of violations and working to improve the situation in Burundi.

In the past, an Independent Expert or other experts mandated to report on the human rights situation in Burundi have not been able to publish information with the same level of detail as the CoI, which has extensive contacts in the country and a team of dedicated, experienced investigators. This is even more crucial now because of the Burundian Government’s intransigence, the absence of a UN human rights team in the country, and lack of access to the Burundian territory.

The work conducted by the CoI, which is due to present its written report to the Council at its upcoming 45^th session (14 September-6 October 2020), continues to provide critical oversight of the human rights situation in Burundi. The country’s crisis was triggered by former President Pierre Nkurunziza’s announcement, in April 2015, that he would run for a third term in office. Throughout the years, the CoI and its predecessor, the UN Independent Investigation on Burundi (UNIIB), have documented gross, widespread and systematic human rights violations and abuses, some of which may amount to crimes against humanity.

The Government, state security forces, including the police, the National Intelligence Service (Service national de renseignement, or SNR), and members of the youth league of the ruling Conseil national pour la défense de la démocratie-Forces de défense de la démocratie(CNDD-FDD) party, the Imbonerakure, are responsible for many of the violations and abuses. Over the course of its reporting, the CoI has documented violations of civil, political, economic, social and cultural rights in a deteriorating economic and humanitarian context. Violations and abuses include arbitrary arrests and detentions of prisoners of conscience and those perceived to be against the Government, beatings, destruction of property, including of premises of the Congrès National pour la Liberté (CNL) party, theft of property belonging to members of opposition parties and human rights defenders (HRDs) in exile, and arbitrary suspension and forced closure of civil society organisations and media outlets. They also include torture and ill-treatment, the use of excessive and lethal force against peaceful demonstrators, enforced disappearances, violations of the rights of women and girls, rape and other forms of sexual and gender-based violence, forced labour, the extortion of contributions for state-led projects, hate speech and incitement to ethnic hatred (which go on with the acquiescence of political, prosecutorial, and judicial authorities), and extrajudicial killings.

Such violations and abuses have continued to take place in a context of near-complete impunity; to date, no high-level officials have been held accountable. Several hundred prisoners who have served their term or whose release has been ordered continue to be arbitrarily detained. This situation is ongoing despite opinions rendered by the UN Working Group on arbitrary detention (WGAD), which examined some of these prisoners’ cases. Victims and survivors of sexual violence have been denied access to a specialised framework for medical and psychological treatment and full rehabilitation. Additionally, in recent months, there has been an increase in ethnic hate speech, including by individuals close to the Government, with a view to de-humanising parts of the population (i.e., the Tutsi).

Members and supporters of opposition political parties, in particular the CNL, as well as independent voices, including civil society members, HRDs, members of non-governmental organisations (NGOs), and journalists, have been targeted. Since April 2015, the civic and democratic space has continued to shrink. At the time of writing, despite calls on the new President, Évariste Ndayishimiye, to demonstrate his openness to reconciliation by releasing all detained HRDs, Germain Rukuki, Nestor Nibitanga, and Iwacu reporters Egide Harerimana, Christine Kamikazi, Terence Mpozenzi and Agnès Ndirubusa, remain in detention.

The Burundian Government ceased its cooperation with the Council’s mechanisms, including in 2016 by declaring members of the UNIIB personæ non gratæand in February 2019 by forcing the Office of the UN High Commissioner for Human Rights (OHCHR) to leave the country. Despite being a member of the Council (2016-2018), Burundi refused to implement Council resolutions, including HRC resolution 36/2, which was adopted at Burundi’s request and with the sponsorship of the African Group. Burundian officials have also repeatedly insulted and threatened members of the CoI and carried out reprisals against exiled HRDs, including lawyers and activists who sought to engage with the UN human rights system. The Government has extended sub-standard cooperation to regional mechanisms. African Union (AU) observers, who have not been fully deployed, continue to face a number of limitations to their work. Unlike the CoI, their findings are not made public. Burundi has disregarded resolutions adopted by the African Commission on Human and Peoples’ Rights (ACHPR), including Resolution 412 (LXIII) 2018, which urged the Government to “[c]onduct prompt independent, impartial and effective investigations” into human rights violations and “[c]ooperate with all international community stakeholders, including the African Union, the United Nations and the East African Community, in the search for a peaceful and human rights responsive solution to the crisis.”

Relying on independent, thorough and professional documentation methodologies, without access to country’s territory, the CoI has continued to expose violations. In 2019, in accordance with principles of early warning and prevention and using the Framework of Analysis for Atrocity Crimes developed by the UN’s Office on Genocide Prevention and the Responsibility to Protect, the CoI identified risk factors and indicators of violations. While some of the factors the Commission identified are related to specific circumstances, such as elections, a number of other factors are structural. This means that, beyond the appointment of new officials, systemic changes and meaningful reforms are necessary to bring about sustainable improvements in the situation and deliver effective guarantees for the rights of Burundian citizens.

Burundi is in a period of potential transition, following the 20 May 2020 presidential, legislative and local elections resulting in the election of a new President, Évariste Ndayishimiye and after the passing of former President Nkurunziza. At this moment and in this context, there are signs of promise as well as of significant concern.

Despite promising remarks by President Ndayishimiye during his inauguration, as well as the authorities’ new, more transparent approach to tackling the COVID-19 pandemic, observers also raised concerns, notably over the fact that several newly appointed members of the Ndayishimiye administration are subject to international individual sanctions for their alleged responsibility in human rights violations. Nonetheless, the political transition represents an opportunity to open a new chapter for the Burundian people and for Burundi’s relationship with the UN human rights system.

Although the May 2020 elections and their immediate aftermath were not characterised by mass violence, concerns and warning signs remain. Widespread intimidation and patterns of violations against opposition members and supporters, as well as the arrest of hundreds of CNL supporters, have contributed to an ongoing climate of fear. As the CoI reported in its 14 July update to the Council, “[h]uman rights violations continue to date and it would be premature to make any pronouncements on the possible evolution of the situation under the new government.”

In its 14 July address, the CoI identified some “priority areas for action against which the new authorities can objectively attest their desire for change and normalisation on the long term […].” These areas for action include:
- The fight against poverty and economic instability (risk factor no. 1).
- The fight against the de facto impunity enjoyed by the main perpetrators of violations (risk factor no. 2) and the reform of the judicial system (risk factor no. 3). In our view, this would include:
  - The removal of officials who have been credibly implicated in serious human rights violations and possible atrocity crimes while thorough and impartial investigations are conducted. Where there is sufficient admissible evidence, those suspected of criminal responsibility should be prosecuted in fair trials, irrespective of their rank, status, or political affiliation. Victims and survivors and their families should be able to access justice, truth and reparation;
  - Comprehensive reforms of police and security forces, including bringing human rights violations committed by the National Defence Force, law enforcement bodies, the SNR and the Imbonerakure to an end, and ensuring that the ruling party’s youth league is disarmed and not used for any official state security or other duties. Military, security and law enforcement forces should undergo a thorough vetting process, with regional or international assistance, to remove individuals who have taken part in human rights violations.
- The re-opening of the democratic space (risk factor no. 4). In our view, this would include:
  - Establishment and maintenance of a safe and enabling environment for HRDs, members of civil society, journalists, and opposition members and supporters. A safe and enabling civic space includes releasing all prisoners of conscience, including detained HRDs and journalists; an end to political interference in the judicial system; full protection of freedom of expression, peaceful assembly and association, and the reinstatement of and full respect for the rights of arbitrarily banned civil society organisations and media outlets;
  - Measurable progress should also be recorded to allow for the safe, voluntary and dignified return of more than 300,000 refugees, including political refugees who were forced to flee the country to avoid harassment.
- The cooperation with the Commission of Inquiry. More generally, we urge:
  - Full cooperation with international and African human rights bodies and mechanisms, including cooperation with the CoI (which means granting it access the country), resumed cooperation with OHCHR, and finalisation of a memorandum of understanding with the AU’s human rights observer mission. Regional and international NGOs should also be able to access the country and operate without interference. Burundi should promptly re-accede to the Rome Statute of the International Criminal Court (ICC) and cooperate fully with the Court.
We would welcome meaningful and concrete improvements in the human rights situation in Burundi, and we believe that the best chance to achieve such meaningful change is through the renewal of the mandate of the Commission of Inquiry, as well as the Burundian authorities reinitiating dialogue with the CoI, OHCHR, and other UN and AU human rights bodies and mechanisms. Through such engagement, the Burundian authorities could help chart a clear and unwavering path from the current context of grave violations and widespread impunity by making measurable progress on key indicators such as those referenced above.

At its 45^th session, the Council should avoid sending the Government of Burundi signals that would disincentivise domestic human rights reforms, such as terminating the CoI’s mandate in the absence of measurable progress. It should avoid a scenario where re-establishing the CoI’s mandate would be necessary after a premature discontinuation, because of a renewed escalation of human rights violations and abuses. The Council should rather ensure continued investigations, monitoring, public reporting, and public debates on Burundi’s human rights situation.

We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information as required.

Sincerely,
1. Action des Chrétiens pour l’Abolition de la Torture – Burundi (ACAT-Burundi)
2. African Centre for Democracy and Human Rights Studies (ACDHRS)
3. African Centre for Justice and Peace Studies (ACJPS)
4. AfricanDefenders (Pan-African Human Rights Defenders Network)
5. Amnesty International
6. ARTICLE 19
7. Association Burundaise pour la Protection des Droits Humains et des Personnes Détenues (APRODH)
8. Association des Journalistes Burundais en Exil (AJBE)
9. The Burundi Human Rights Initiative (BHRI)
10. Cairo Institute for Human Rights Studies (CIHRS)
11. Centre for Civil and Political Rights (CCPR-Centre)
12. CIVICUS
13. Civil Society Coalition for Monitoring the Elections (COSOME)
14. Coalition Burundaise pour la Cour Pénale Internationale (CB-CPI)
15. Collectif des Avocats pour la Défense des Victimes de Crimes de Droit International Commis au Burundi (CAVIB)
16. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
17. Eritrean Movement for Democracy and Human Rights (EMDHR)
18. European Network for Central Africa (EurAc)
19. Front Line Defenders
20. Geneva for Human Rights / Genève pour les Droits de l’Homme
21. Global Centre for the Responsibility to Protect (GCR2P)
22. Human Rights Watch
23. International Commission of Jurists (ICJ)
24. International Federation for Human Rights (FIDH)
25. International Federation of ACAT (FIACAT)
26. International Movement Against All Forms of Discrimination and Racism (IMADR)
27. International Service for Human Rights (ISHR)
28. Lawyers’ Rights Watch Canada
29. Light For All
30. Ligue Iteka
31. Mouvement des Femmes et des Filles pour la Paix et la Sécurité (MFFPS)
32. National Coalition of Human Rights Defenders – Burundi (CBDDH)
33. Central African Network of Human Rights Defenders (REDHAC)
34. Observatoire de la Lutte contre la Corruption et les Malversations Économiques (OLUCOME)
35. Odhikar
36. Organisation pour la Transparence et la Gouvernance (OTRAG)
37. Réseau des Citoyens Probes (RCP)
38. SOS-Torture/Burundi
39. Southern Africa Human Rights Defenders Network (SAHRDN)
40. TRIAL International
41. Union Burundaise des Journalistes (UBJ)
42. West African Human Rights Defenders Network (ROADDH/WAHRDN)
43. World Organisation Against Torture (OMCT)
Joint statement on human rights violations in Burundi
UN Human Rights Council: 36^th Session
Oral Intervention at Interactive Dialogue with the Commission of Inquiry on Burundi

Thank you, Mr. President. CIVICUS and DefendDefenders on behalf of 30 African organisations would like to thank the CoI for their report and reiterate their concerns that there are reasons to believe that crimes against humanity have been committed with impunity by state perpetrators including the National Intelligence Service, National Police, the Burundian Amy and the Imbonerakure in Burundi since the outset of the crisis in April 2015.

The killings, abductions, mass disappearances, torture and detentions of citizens have created a climate of fear and intimidation firmly entrenched in all sectors of Burundian society. A civil society law passed in January 2017 gives the authorities broad powers to control the activities and resources of civil society organisations. Almost all human rights defenders and journalists are in exile and still live in fear. The government has issued international warrants against some of them.

Most of the private radio stations remain closed, and while most journalists and HRDs are in exile, some of those who remained, such as Jean Bigirimana and Germain Rukuki, are still missing or detained.

Mr. President in a context like Burundi’s where the judiciary is not independent and all voices critical of the government are brutally attacked, there are no avenues present to hold perpetrators of crimes against humanity accountable.

Mr. President, we call on the Council to:
1. Renew the mandate of the COI
2. Urge the International Criminal Court to open an official investigation into human rights violations in Burundi
3. Initiate action for Burundi’s suspension from the UN HRC
Thank you Mr. President

Sincerely,
1. Action des Chrétiens pour l’Abolition de la Torture - Burundi (ACAT-Burundi)
2. African Center for Democracy and Human Rights Studies (ACDHRS), The Gambia
3. Association pour la Protection des Droits Humains et des Personnes Détenues (APRODH), Burundi
4. Association for Human Rights in Ethiopia (AHRE), Ethiopia
5. CIVICUS
6. Coalition Burundaise pour la Cour Pénale Internationale (CB-CPI)
7. Community Empowerment for Progress Organisation, South Sudan (CEPO)
8. DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
9. Citizens for Democratic Rights in Eritrea, Eritrea
10. ONG Ezaka ho Fampandrosoana any Ambanivohitra (ONG EFA), Madagascar
11. Eritrean Movement for Democracy and Human Rights (EMDHR), Eritrea
12. Forum pour la Conscience et le Développement (FOCODE), Burundi
13. Forum pour le Renforcement de la Société Civile au Burundi (FORSC), Burundi
14. Human Rights Concern - Eritrea (HRCE)
15. Human Rights Institute of South Africa (HURISA), South Africa
16. International Youth For Africa, South Sudan
17. La Nouvelle Société Civile Congolaise, DRC
18. Ligue Iteka, Burundi
19. National Coalition of Human Rights Defenders – Uganda
20. Réseau des Citoyens Probes, Burundi
21. Réseau des Droits de l’Homme d’Afrique Centrale (REDHAC)
22. SOS-Torture, Burundi
23. South Sudan Human Rights Defenders Network, South Sudan
24. Union Burundaise des Journalistes, Burundi
25. Zambia Council for Social Development, Zambia
26. Mauritius Council of Social Services, Mauritius
27. Pan Africa Human Rights Defenders Network
28. Tanzania Human Rights Defenders Coalition
29. National Coalition of Human Rights Defenders – Kenya
30. Mouvement des Femmes et des Filles pour la Paix et la Sécurité
Joint Statement on human rights violations in Burundi
UN Human Rights Council: 36^th Session

Oral Intervention at Interactive Dialogue with the Commission of Inquiry on Burundi

Thank you, Mr. President. CIVICUS and DefendDefenders on behalf of 30 African organisations would like to thank the CoI for their report and reiterate their concerns that there are reasons to believe that crimes against humanity have been committed with impunity by state perpetrators including the National Intelligence Service, National Police, the Burundian Amy and the Imbonerakure in Burundi since the outset of the crisis in April 2015.

The killings, abductions, mass disappearances, torture and detentions of citizens have created a climate of fear and intimidation firmly entrenched in all sectors of Burundian society. A civil society law passed in January 2017 gives the authorities broad powers to control the activities and resources of civil society organisations. Almost all human rights defenders and journalists are in exile and still live in fear. The government has issued international warrants against some of them.

Most of the private radio stations remain closed, and while most journalists and HRDs are in exile, some of those who remained, such as Jean Bigirimana and Germain Rukuki, are still missing or detained.

Mr. President in a context like Burundi’s where the judiciary is not independent and all voices critical of the government are brutally attacked, there are no avenues present to hold perpetrators of crimes against humanity accountable.

Mr. President, we call on the Council to:
1. Renew the mandate of the COI
2. Urge the International Criminal Court to open an official investigation into human rights violations in Burundi
3. Initiate action for Burundi’s suspension from the UN HRC
Thank you Mr. President

Sincerely,
1. Action des Chrétiens pour l’Abolition de la Torture - Burundi (ACAT-Burundi)
2. African Center for Democracy and Human Rights Studies (ACDHRS), The Gambia
3. Association pour la Protection des Droits Humains et des Personnes Détenues (APRODH), Burundi
4. Association for Human Rights in Ethiopia (AHRE), Ethiopia
5. CIVICUS
6. Coalition Burundaise pour la Cour Pénale Internationale (CB-CPI)
7. Community Empowerment for Progress Organisation, South Sudan (CEPO)
8. DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
9. Citizens for Democratic Rights in Eritrea, Eritrea
10. ONG Ezaka ho Fampandrosoana any Ambanivohitra (ONG EFA), Madagascar
11. Eritrean Movement for Democracy and Human Rights (EMDHR), Eritrea
12. Forum pour la Conscience et le Développement (FOCODE), Burundi
13. Forum pour le Renforcement de la Société Civile au Burundi (FORSC), Burundi
14. Human Rights Concern - Eritrea (HRCE)
15. Human Rights Institute of South Africa (HURISA), South Africa
16. International Youth For Africa, South Sudan
17. La Nouvelle Société Civile Congolaise, DRC
18. Ligue Iteka, Burundi
19. National Coalition of Human Rights Defenders – Uganda
20. Réseau des Citoyens Probes, Burundi
21. Réseau des Droits de l’Homme d’Afrique Centrale (REDHAC)
22. SOS-Torture, Burundi
23. South Sudan Human Rights Defenders Network, South Sudan
24. Union Burundaise des Journalistes, Burundi
25. Zambia Council for Social Development, Zambia
26. Mauritius Council of Social Services, Mauritius
27. Pan Africa Human Rights Defenders Network
28. Tanzania Human Rights Defenders Coalition
29. National Coalition of Human Rights Defenders – Kenya
30. Mouvement des Femmes et des Filles pour la Paix et la Sécurité
Outcomes & Reflections from 39th Session of UN Human Rights Council
This session, the Council adopted landmark resolutions on several country situations, further enhancing its contribution to the protection of human rights.

On Myanmar, we welcome the creation of the independent investigative mechanism, which is an important step towards accountability for the horrific crimes committed in Myanmar, as elaborated in the Fact Finding Mission’s report to this session. The overwhelming support for the resolution, notwithstanding China’s shameful blocking of consensus, was a clear message to victims and survivors that the international community stands with them in their fight for justice.

On Yemen, the Council demonstrated that principled action is possible, and has sent a strong message to victims of human rights violations in Yemen that accountability is a priority for the international community, by voting in favor of renewing the mandate of the Group of Eminent Experts to continue international investigations into violations committed by all parties to the conflict.

Furthermore, we welcome the leadership by a group of States on the landmark resolution on Venezuela, and consider it as an important step for the Council applying objective criteria to address country situations that warrant its attention. The resolution, adopted with support from all regions, sends a strong message of support to the Venezuelan people. By opening up a space for dialogue at the Council, the resolution brings scrutiny to the tragic human rights and humanitarian crisis unfolding in the country.

While we welcome the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi, to continue its critical investigation and work towards accountability, we regret, however, that the Council failed to respond more strongly to Burundi's record of non-cooperation and attacks against the UN human rights system.

We also welcome the Council’s adoption of the resolution on Syria, which among other things condemns all violations and abuses of international human rights law and all violations of international humanitarian law committed by all parties to the conflict.

However, on other country situations including China, Sudan, Cambodia and the Philippines, the Council failed to take appropriate action.

On Sudan, we are deeply concerned about the weak resolution that envisions an end to the Independent Expert’s mandate once an OHCHR office is set up; a "deal" Sudan has already indicated it does not feel bound by, and which is an abdication of the Council’s responsibility to human rights victims in Sudan while grave violations are ongoing. At a minimum, States should ensure the planned country office monitors and publicly reports on the human rights situation across Sudan, and that the High Commissioner is mandated to report to the Council on the Office’s findings.

We also regret the lack of concerted Council action on the Philippines, in spite of the need to establish independent international and national investigations into extrajudicial killings in the government's 'war on drugs', and to monitor and respond to the government's moves toward authoritarianism.

In addition, we regret the Council’s weak response to the deepening human rights and the rule of law crisis in Cambodia, failing to change its approach even when faced with clear findings by the Special Rapporteur demonstrating that the exclusive focus on technical assistance and capacity building in the country, is failing.

We share the concerns that many raised during the session, including the High Commissioner, about China’s human rights record, specifically noting serious violations of the rights of Uyghurs and other predominantly Muslim minorities in Xinjiang province. It is regrettable that States did not make a concrete and collective call for action by China to cease the internment of estimates ranging up to 1 million individuals from these communities.

On thematic resolutions, we welcome the adoption of the resolution on equal participation in political and public affairs but would have preferred a stronger endorsement and implementation of the guidelines.

The resolution on safety of journalists, adopted by consensus, sets out a clear roadmap of practical actions to end impunity for attacks. Journalism is not a crime - yet too many States in this room simply imprison those that criticize them. This must end, starting with the implementation of this resolution.

We welcome the adoption by consensus of the resolution on preventable maternal mortality and morbidity and human rights in humanitarian settings. Women and girls affected by conflict have been denied accountability for too long. The implementation of this resolution will ensure that their rights, including their sexual and reproductive health and rights, are respected, protected and fulfilled.

Finally, the Council’s first interactive dialogue on acts of reprisals and intimidation was an important step to ensure accountability for this shameful practice, and we urge more States to have the courage and conviction to stand up for human rights defenders and call out countries that attack and intimidate them.

Signatories:
The African Centre for Democracy and Human Rights Studies (ACDHRS)
Amnesty International
Article 19
Center for Reproductive Rights
CIVICUS
DefendDefenders
FIDH
Forum Asia
Human Rights House Foundation (HRHF)
Human Rights Watch
International Commission of Jurists
International Service for Human Rights (ISHR)
Réaction à la résolution sur les droits humains au Burundi
42ème Session du Conseil de droits de l'homme des Nations Unies
Réponse à la résolution sur le Burundi

CIVICUS et ses membres se félicitent du renouvellement de la Commission d'enquête sur le Burundi. C'est un moment crucial pour le pays à l'approche des élections de l'année prochaine, et nous nous félicitons particulièrement de l'attention accrue accordée aux violations des droits dans le contexte des élections.

Cela permettra au pays de rester sous surveillance internationale pendant la période électorale et contribuera à garantir la responsabilité et la justice pour les violations des droits de l'homme. Le gouvernement burundais n'a toujours pas accordé l'accès à la Commission d'enquête, mais le renouvellement du mandat a montré que l'obstructionnisme, l'indifférence et les menaces faites par le gouvernement burundais contre l'ONU ne seront pas récompensés.

C'est une période critique pour le Burundi alors que la situation des droits de l'homme ne cesse de se détériorer. Le travail de la Commission d'enquête est plus nécessaire que jamais et nous nous félicitons de son travail en cours ", a déclaré Cyriaque Nibitegeka, avocat et défenseur des droits humains.

Nous applaudissons les xx États qui ont voté en faveur de la résolution pour leur soutien aux défenseurs des droits humains et à la société civile au Burundi.

Nous réitérons notre appel au gouvernement burundais pour qu'il coopère pleinement avec les mécanismes du Conseil des droits de l'homme des Nations Unies, y compris la Commission d'enquête, qu'il permette l'accès à ces mécanismes, et qu'il libère sans plus tarder les défenseurs des droits humains détenus. Lisez notre déclaration au Conseil des droits de l'homme ici.
Reaction to human rights resolution on Burundi
42nd Session of the UN Human Rights Council
Response to resolution on Burundi

CIVICUS and members welcome the renewal of the Commission of Inquiry on Burundi. It is a crucial time for the country with elections coming up next year, and we particularly welcome the enhanced focus on rights violations in the context of the elections.

This will ensure that the country remains under international scrutiny over the election period, and will help ensure accountability and justice for human rights violations. The Burundi government has still not granted access to the Commission of Inquiry, but the renewal of the mandate has shown that obstructionism, indifference, and threats made by the Burundi government against the UN will not go rewarded.

‘This is a critical time for Burundi as the human rights situation continues to worsen. The work of the Commission of Inquiry is needed now more than ever and we welcome its ongoing work,’ said Cyriaque Nibitegeka, lawyer and human rights defender.

We applaud the 23 states that voted for the resolution for their support to human rights defenders and wider civil society in Burundi.

We reiterate calls to the Burundian government to to fully cooperate and allow access to UN Human Rights Council mechanisms, including the Commission of Inquiry, and to release detained human rights defenders as a matter of urgency. Read our statement to the Human Rights Council here.
Reaction to the UN High Commissioner for Human Rights update
Statement at the 45th Session of the UN Human Rights Council

Thank you, High Commissioner for your update, which takes place in a difficult and unprecedented context.

We agree with your assessment that human rights violations result primarily from processes that exclude people's voices, and gaps in protection measures. These are issues which the Council is well-placed to address.

To this end, we hope that the Council will this session continue to address the situation in the Philippines with a strong resolution which reflects the dire human rights situation in the country and pursues accountability. Given that the situation in Burundi continues to be characterised by violations and impunity we urge the Council to renew the vital mandate of the Commission of Inquiry. We further call on the Council to heed calls from civil society and its own Special Procedures to address the escalating violations in China – in Hong Kong, Tibet and in Xinjiang – as well as to address attacks on rights defenders, journalists, and government critics across the country.

High Commissioner, restrictions to civic space are often precursors to a worsening human rights situation. When the Council fails to address these, it misses the opportunity to work constructively to prevent further human rights violations and fails those who will be affected. A resolution on the Council’s prevention mandate should address this gap. Echoing your call, we call for immediate and sustained preventive action on Tanzania before the situation deteriorates further.

Finally, High Commissioner, we welcome efforts to ensure civil society participation despite COVID-19 restrictions. Being able to meet with and hear directly from human rights defenders in the room, and in-person, has long been a strength of this Council. We call on the members and observers of the Council to strengthen collaboration with partners from civil society to further our mutual goals of protecting human rights.

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

OPEN NARROWED OBSTRUCTED REPRESSED CLOSED
Statement at the UN Human Rights Council: Attacks on civic space in Burundi
Interactive Dialogue with the UN Commission of Inquiry on on Burundi
Oral Statement

We remain extremely concerned by the grave human rights violations taking place in Burundi, which show no sign of abating.

In January, at least 60 people were arrested after publicly advocating that citizens reject the proposed constitutional amendment, which would extend President Pierre Nkurunziza’s term in office beyond 2020, when his current term will end. A May 2018 referendum will determine whether the amendment - which would allow Nkurunziza to serve another two seven-year terms after 2020 - will be adopted.

Last week on 9 March 2018, three human rights defenders from Parole et actions pour le réveil des consciences et de l'évolution des mentalités (PARCEM), one of the few remaining civil society organisations operating in Burundi, were sentenced to 10 years in prison. Judges at the court reportedly announced the verdict without representation from the defendants' lawyers.

On 13 February 2018, human rights defender Germain Rukuki, who has been detained since 13 July 2017, appeared before court. Three new charges of “assassination", "destruction of public and private buildings", and "participation in an insurrectionist movement" were added to his two initial charges of “breaching the internal security of the State” and “rebellion”. Another human rights defender Netsor Nibitanga is still being held by the National Intelligence Sercives and his whereabouts remain unknow.

In February alone exiled human rights organisation, Ligue Iteka, recorded 22 killings, 1 disappearance, 15 cases of torture and 145 arbitrary arrests. The rise in arrests and crackdown are believed to be related to the referendum. These reports corroborate UN envoy Michel Kafando’s recent conclusion that the political situation in Burundi remains deeply tenuous and that conditions are unfit for elections.

CIVICUS calls on the government of Burundi to immediately cease its attacks on human rights defenders and as a Member State of the Human Rights Council, to fully cooperate with the Commission of Inquiry and the Office of the High Commissioner for Human Rights.
Statement on Burundi at the UN Human Rights Council
35th session UN Human Rights Council
Oral Statement – Interactive Dialogue with the Commission of Inquiry on Burundi
15 June 2017

CIVICUS remains deeply concerned by the gross human rights violations committed with impunity by the government since the Commission’s previous Council briefing on 13 March 2017.

The systematic oppression of Burundian’s fundamental rights persists throughout the country, characterised by arbitrary arrests, abductions, detentions and extra-judicial killings. The government continues to targets members of the political opposition, representatives of civil society and other individuals on specious grounds of supporting those who organised a failed coup in May 2015 and of association with armed groups.

Hundreds of people remain unaccounted for, including human rights activist Marie Claudette Kwizera who disappeared on 10 December 2015. Her whereabouts remain unknown.

Mr. President, these atrocities are carried out in an environment where freedom of expression, association and assembly are gravely stifled.

The country’s main human rights organisations have been suspended for an extended period of time and four prominent human rights lawyers have been disbarred. Independent media outlets remain closed, while most journalists are in exile and only public assemblies organised by supporters of the ruling party are allowed.

The vast majority of these atrocities are committed by the security forces, the intelligence service and the armed wing of the ruling CNDD-FDD party, who receive paramilitary training and target citizens with hate speech and threats.

To prevent the monitoring and documentation of human rights violations and encourage impunity by the perpetrators of human rights violations, Burundi has ceased cooperating with OHCHR, withdrew from the International Criminal Court and refused to collaborate with Commission of Inquiry.

Efforts to find lasting peace through the inter-Burundi dialogue are hampered by the absence of some of the main opposition parties and exclusion of civil society voices by the government.

We call on the government of Burundi to support the work of the Commission of Inquiry and take the necessary steps end violence and human rights violations in the country.
Statement: Countless cases of arbitrary arrests in Burundi
41st Session of the UN Human Rights Council
Interactive Dialogue with the Commission of Inquiry on Burundi

CIVICUS and independent Burundian civil society organisations thank the UN Commission of Inquiry on Burundi for its update and ongoing work on highlighting human rights abuses. However, we are seriously concerned that the grave subversion of human rights outlined in its 2018 report have continued and that the government of Burundi continues to refuse to allow the Commission’s staff to conduct their work.

Many civil society activists and independent journalists remain in exile, while those in Burundi continue to face intimidation, detention, or trials on trumped up charges. Human rights defender Germain Rukuki is serving a 32-year jail sentence on spurious charges of “participating in an insurrectionist movement and breaching state security”. Human rights defender Germain Rukuki is serving a 32-year jail sentence on spurious charges of “participating in an insurrectionist movement and breaching state security”. Human rights defender Nestor Nibitanga is also in detention in an unrelated case. Ahead of the general election next year, early warning signs of a worsening situation have already emerged, notably the persecution of all dissident voices and further restrictions on independent media, including reports that the government has already banned international media from covering the next year's elections. This is a worrying precursor of further human rights violations to come.

In the past six months, there have been countless cases of arbitrary arrest and detention. Freedoms of expression, association and peaceful assembly are routinely curtailed. As the Commission’s previous report observed, the perpetrators of these human rights violations continue to operate in “a climate of impunity perpetuated by the lack of an independent judiciary.” These issues are significantly under reported and deliberately ignored by the government of Burundi, and by shining a light on their occurrence the Commission plays a vital role in addressing the human rights situation in Burundi.

We call on the government of Burundi to cooperate fully with the mandate including granting full access to the country, to re-open the OHCHR office, and to promote respect for human rights and fundamental freedoms including by releasing all detained human rights defenders, and we ask the Commission of Inquiry is there are any indications that these welcome steps may take place ahead of the elections next year.

1.   Action des chrétiens pour l’abolition de la torture (ACAT Burundi)
2.   Association des Journalistes Burundais en exil
3.   Association pour la protection des droits humains et des personnes détenues (APRODH)
4.   CIVICUS
5.   Coalition Burundaise pour la CPI (CB-CPI)
6.   Coalition de la Société Civile pour le Monitoring Electoral (COSOME)
7.   Collectif des avocats pour la défense des victimes de crimes de droit international commis au Burundi (CAVIB)
8.   Forum pour la Conscience et le Développement (FOCODE)
9.   Forum pour le renforcement de la société civile (FORSC)
10.  Ligue ITEKA
11.  Mouvement des Femmes et des Filles pour la Paix et la Sécurité (MFFPS).
12.  Réseau des citoyens probes (RCP)
13.  SOS-Torture / Burundi
14.  Union burundaise des journalistes (UBJ)
UN Human Rights Council should renew the mandate of the Commission of Inquiry on Burundi
Statement at the 48th Session of the UN Human Rights Council

Delivered by Paul Mulindwa

Thank you, Madame President.

CIVICUS and independent Burundian civil society organisations welcome the work of the UN Commission of Inquiry (CoI) on Burundi, and its comprehensive report on situation of human rights in the country, which provides critical oversight. We urge the UN Human Rights Council to ensure continued scrutiny of Burundi through the renewal of this mandate.

There has been no improvement in the human rights situation in Burundi since the 2020 change in government. Civic space remains closed, with independent and critical voices, including civil society organisations and human rights defenders targeted. Lawyer Tony Germain Nkina, was sentenced to five years in prison as recently as June 2021. Several media outlets are still unable to operate due to restrictions. Many civil society activists and independent journalists remain in exile, while those in Burundi continue to face intimidation, detention, or trials on trumped up charges.

Armed clashes between members of the security forces, sometimes supported by the Imbnerakure, and members of armed groups, continue with increased attacks on civilians.

In light of this, we reiterate our calls on the Council to renew the CoI’s mandate to ensure continued monitoring and documentation of the human rights situation. We call on the government of Burundi to fully implement the 2020 electoral and presidential promises on improving the human rights situation in the country.

We thank you.

Civic space in Burundi is rated as closed by the CIVICUS Monitor
Widespread arrests, attacks and legal restrictions facing LGBTQI+ activists across Africa finds new report
Widespread arrests, attacks and legal restrictions facing LGBTQI+ activists across Africa finds new report

Johannesburg | 4 July, 2023
- Same-sex relations criminalised in at least 27 countries south of the Sahara
- Organisations shut down and offices raided for their work on LGBTQI+ rights
- Widespread bans on the publication of information on gay rights
- Anti-LGBTQI+ laws and practices disproportionately impact other excluded groups including women, children and victims of abuse
From Uganda to Cameroon, LGBTQI+ activists face significant restrictions due to the prevailing social, cultural and legal attitudes towards homosexuality and gender identity. A new report by CIVICUS, Challenging Barriers: Investigating Civic Space Limitations on LGBTQI+ Rights in Africa, looks at some common challenges faced by activists and civil society groups in countries south of the Sahara.

Many African countries have laws that criminalise same sex activity. The laws, often remnants of colonial era legislation, can be used to target and prosecute LGBTQI+ individuals, including activists. Penalties range from fines, imprisonment to even the death penalty in some countries.

Limited legal protection in many African countries offers little or no protection against discrimination based on sexual orientation or gender identity. This lack of protection makes it difficult for activists and civil society groups to advocate for equal rights or seek justice when they face human rights abuses. The offices and activities of civil society organisations advocating for LGBTQI+ rights have been either raided or shutdown in Uganda, Burundi, Rwanda and Cameroon.

Attacks against people who identify as LGBTQI+ are common in countries such as Benin, Cameroon and Kenya. In Cameroon since 2022 there have been over 30 recorded cases of violence and abuse against LGBTQI+ people, while in Kenya sexual minority groups face escalating homophobic attacks. In January 2023, following a series of killings in 2022, unknown assailants murdered and dumped the body of LGBTQI+ activist Edwin Chiloba. Chiloba’s death, which many linked to his sexual orientation sparked public outrage, with civil society groups and members of the public denouncing the murder and calling on the authorities to bring those involved to justice.

“With the escalating hostility towards the LGBTQ+ community in Africa, this report sheds light on the grave reality faced by many, and compels us to challenge prejudice, and advocate for equality - especially for the most marginalised. Governments must ensure equal protection for all people in accordance with their obligations on non-discrimination under international human rights law. We implore governments to take robust measures to safeguard the rights and well-being of all people, regardless of their sexual orientation or gender identity,” said Sylvia Mbataru, CIVICUS’ Civic Space Researcher for Eastern & Southern Africa.

Censorship and restrictions on freedom of peaceful assembly have contributed to a deteriorating environment for activists. In several countries, the publication and dissemination of material on LGBTQI+ issues face strict editorial controls and bans. CIVICUS also documents how protests are being suppressed, including the use of various laws to deny permits for public demonstrations, specifically targeting LGBTQI gatherings.

Despite the hostile environment in many countries, civil society groups continue to advocate for LGBTQI+ rights and score important victories. The report also documents a number of positive developments including the decriminalization of same sex relations in Botswana and Gabon, as well as a recent Supreme Court decision in Namibia to recognise same-sex marriages concluded abroad between citizens and foreign spouses.

The report concludes by demonstrating the impact of civic space restrictions against LGBTQI+ groups, and shows how the ramifications of these restrictions also affect other excluded groups including women and children.

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Your Questions Answered at UN Security Council

Today I asked President of the UN Security Council Olof Skoog on behalf of @CIVICUSalliance member @Awwad_Nouhad what the council is doing to protect civilians in Gaza. Watch here: https://t.co/Ys1NkuQT3s
— Lyndal Rowlands (@LyndalRowlands) July 3, 2018

CIVICUS member questions, addressed to the President of the UN Security Council
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We were very pleased with the warm response to our first open call for CIVICUS members to submit questions to be posed to the President of the UN Security Council. In total we received questions from 24 members about the council’s work in places including Bangladesh, Myanmar, Burundi, Cameroon, Colombia, the Democratic Republic of Congo, Israel, Malawi, Nigeria, Palestine and Syria, as well as the situation for refugees in Europe.

CIVICUS NY posed questions on behalf of 3 members related to the situation in Burundi and the situation in Gaza. You can watch the video of the briefing here (English). The questions from CIVICUS members and responses from Olof Skoog, Permanent Representative of Sweden to the United Nations are included below. We also wish to thank the World Federation of United Nations Association for organising this monthly briefing.

Question 1 - On behalf of Lebanese youth activist Nouhad Awwad Founder of Nature’s Advocate and an Ambassador at Arab Youth Sustainable Development Network @Awwad_Nouhad
(Read by Lyndal Rowlands, CIVICUS NY Office)

How does the UN security council plan to protect the civilians in Palestine and especially Gaza against attacks from the Israeli army? The last month was particularly devastating. Additionally, how does the council plan to support the Human Rights Council investigation into deadly shootings of Gaza protestors by Israeli forces.

Response:

On Gaza, well we share the concern on the situation in Gaza of course and I’m sure that you have heard our speaking up against the violence there and the use of force against innocent civilians. Again we will continue to do that. Again we will also try to work with the special envoy Mr Mladenov who has presented a few thoughts on how we can de-escalate the situation there. We want the Security Council to support there and i think that there are also things that can be done in terms of the humanitarian relief of the situation in Gaza, pending a peace negotiation that has to include an improvement of the situation for the people in Gaza. We have also committed very strongly for supporting UNRWA in their support to Palestinian refugees not just in Gaza but elsewhere. We are disappointed with countries that are moving away from that commitment so it’s important that others come in and that those who have committed stay committed.

Question 2 - On behalf of two Burundian human rights defenders
(Read by Mandeep Tiwana, CIVICUS NY Office)

Although Burundi is not on the top of the council’s agenda there is the Security Council resolution 2248 which was adopted in 2015 which requires the government to guarantee human rights and fundamental freedoms, however the situation in Burundi remains grave at the moment and civic space remains completely closed. In fact New laws have been adopted further curtailing civic space, and human rights defenders have been sentenced to up to 32 years in prison. How is the council ensuring that resolution 2248 is upheld? What can the council do now, with the least delay, to ensure that the Burundian government lives up to its commitments.

Response:

On Burundi, it is on the Security Council agenda, it’s just that we have not scheduled it this month (current program of work) and that is partly because there is a sequence here that puts it on the agenda in August, so I mean that’s a pretty lame answer to be honest, given the situation as you describe but it’s just that unfortunately the situation in the world is such that we also have to prioritise. I’m not saying that Burundi’s not important I’m just saying that we’re overwhelmed, with situations that are relating to human rights violations and international law, but thank you for reminding us about the human rights situation in Burundi and we’ll see if there is a way that we can raise this somehow.

We plan to continue our advocacy with the council both through monthly calls for questions from members to pose at these briefings as well as through other opportunities throughout each month!