Country Report on Human Rights Practices for 1988
BURUNDI
The Republic of Burundi is a one-party state led by President
Pierre Buyoya, an army major who came to power in a bloodless
coup in September 1987. The 30-member Military Committee for
National Salvation rules the nation, exercising legislative
and regulatory powers while the Constitution is officially
suspended. The 23-member Cabinet, appointed by the Military
Committee and composed of 20 civilians and 3 military
officers, formulates and proposes policies and manages the
day-to-day business of government. As President, head of the
Military Committee, and Minister of Defense, Buyoya plays the
major policymaking role. The National Party for Unity and
Progress (UPRONA) is the only political party. The dominance
of the minority Tutsi over the majority Hutu ethnic group has
been the central social and political reality of Burundi for
several centuries. After assuming power last year, Buyoya
announced a policy of tribal reconciliation and promised to
increase Hutu participation in the country's emerging
political institutions. Slow but steady progress towards that
end was interrupted temporarily by a serious outbreak of
ethnic violence in the north of Burundi in mid-August.
The Burundi Armed Forces, while small in number, are well
equipped and well trained to maintain law and order. In
addition, there is a regular police force responsible for
public order and a separate force of security police
responsible primarily for internal state security, including
the monitoring of dissent. The State Security Police have th^
same powers of arrest as the regular police and are subject to
the same process of judicial review.
Burundi is a poor country with one of the highest population
densities in Africa. The AIDS epidemic has made serious
inroads into the Burundi population and is expected to
adversely affect economic activity in coming years. Most
Burundi (90 percent) earn their livelihood as subsistence
farmers working small, privately owned plots. The small
monetary economy is based on coffee, which accounts for nearly
90 percent of foreign exchange earnings. Burundi, with a
population of 5 million, is one of the highest per capita
recipients of foreign assistance in Africa.
Throughout 1988 the Buyoya regime continued its policy of
correcting the human rights abuses of the former Bagaza
Government, particularly as regards religious persecution. An
anticorruption campaign began in earnest in early summer, with
a number of high officials losing their jobs. The major
development in 1988 was the outbreak of ethnic violence
between Hutus and Tutsis in mid-August--the first serious
ethnic strife since 1972. Details regarding the extent and
nature of the violence are still sketchy, but it appears that
at least 5,000 people lost their lives in northern Burundi
after Hutu peasants began killing local Tutsi inhabitants and
the military interceded forcefully to restore order, killing
several thousand Hutus. Approximately 48,000 Burundi refugees
fled to southern Rwanda in the wake of the violence. The
killings were limited to the two northern provinces where the
initial massacres took place, and no massive reprisals
occurred in the weeks following the violence. Afterwards,
President Buyoya pledged to accelerate his policies of tribal
reconciliation and established the Commission on National
Unity, an ethnically balanced body of "wise men" who will
study the ethnic problem and make recommendations. In October
he reorganized the Cabinet to give Hutus 12 of the 24
portfolios, including that of Prime Minister. By the end of
the year all but a few thousand refugees had returned to
Burundi voluntarily.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
In mid-August 1988, bands of Hutu peasants attacked and killed
numerous Tutsi families in the northern communes of Ntega and
Marangara. Unofficial initial estimates of the dead ranged
from several hundred to 5,000. Despite government charges
that the violence was incited by activist Hutu refugees who
oppose the regime, no firm evidence exists that it was
politically inspired. These initial killings were followed by
the intervention of the Tutsi-dominated army to restore
order. During its intervention, the army engaged in reprisal
killings of unarmed civilians. The Government acknowledged
that innocent civilians were among the victims of army actions
to restore order, but it denied vengeance killings took
place. The Government has taken no public action to punish
those soldiers who engaged in reprisals against innocent
civilians. The Government's estimate of the total number of
deaths resulting from the violence is 5,000--of which it
claims unofficially about 3,000 were Tutsi killed in the
initial violence and 2,000 were Hutus killed in clashes with
the army. Unofficial estimates are much higher in regard to
Hutu deaths. Press reports speculated that as many as 24,000
Hutus may have been killed, but more credible estimates are of
5,000 to 10,000 dead, Hutu and Tutsi combined. There were
unsubstantiated allegations that, following the mass violence,
the army targeted individual, educated Hutus for killing.
While there may never be an accurate accounting of the
casualties, it is possible that planned censuses of the
affected areas, conducted by the Government with the
assistance of international organizations, may make more
accurate estimates possible.
b. Disappearance
There are a small number of unresolved cases of disappearance
connected with the ethnic violence in the north. It remains
to be determined whether the people in question took refuge
elsewhere, are in hiding, are in official custody, or were
killed.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Torture is forbidden by law, but cruel treatment of suspects
or detainees has occurred in the form of beatings at the time
of arrest or interrogation. These beatings, when combined
with other harsh conditions, have led upon occasion to serious
injury or even death. One detainee reportedly died in early
September due to beating during questioning, and the public
prosecutor responsible for the case was relieved of his duties.
Since coming to power, the Buyoya regime has allowed regular
inspection of prison conditions by the International Committee
of the Red Cross (ICRC). Although the Government assured the
ICRC in September of continued access to prisoners, it
restricted access to the detainees suspected of involvement in
the ethnic massacres until early December, when a full
schedule of visits resumed. Prison conditions remain harsh
due to lack of adequate hygiene, medical care, and food. The
Government recognizes the severity of this problem and has
begun a program of prison renovation.
d. Arbitrary Arrest, Detention, or Exile
Police officers are empowered to detain suspects without an
arrest warrant, but must submit a written report to the public
prosecutor's office within 24 hours. The public prosecutor
examines the report and can either order the release of the
detainee or issue an arrest warrant valid for 5 days. The
public prosecutor then must state the charges before a
magistrate in the presence of the detainee. The magistrate
either releases the detainee or issues orders confirming the
detention, initially for 5 days and subsequently for 30-day
periods as necessary to prepare the case for trial. Bail is
set only in cases of embezzlement or similar crimes involving
financial wrongdoing. In general, the prescribed procedures
for arrest and imprisonment are followed. However, time
limits for issuance of arrest warrants and appearance before a
magistrate are often exceeded, usually due to a shortage of
magistrates and prosecutors. The Government has begun to
address this problem by increasing the number of magistrates.
The total number of detentions connected with the ethnic
violence in the north is unknown, although one credible
estimate of detainees is 50 persons. Six signatories of an
open letter criticizing the army's role in the ethnic
massacres were still in detention at the end of 1988 and have
not yet been charged with crimes. Several Hutu educators and
civil servants in northern Burundi were detained in September
under suspicion of having planned or been otherwise involved
in the violence. Many are still in detention, but none has as
yet been charged with any crimes.
The Government does not exile its nationals as a means of
political control. Since his ouster, ex-President Bagaza has
been denied permission to return to Burundi. However, the
Buyoya Government has stated he may return to Burundi if he
negotiates the conditions with the present regime. Citizens
of other countries suspected of criminal activity or lacking
proper residency documents are often expelled.
With regard to forced or compulsory labor, see section 6.c.
e. Denial of Fair Public Trial
The judiciary's independence is limited by the requirement to
adhere to the guidance and recommendations of the party, the
Government, and the President. Judges are appointed by and
serve at the pleasure of the President. Though court
decisions cannot be overturned by the executive branch, the
President has the power to pardon or reduce sentences. In
cases of political interest, the Government has occasionally
interfered with the judiciary. In July, following the
judiciary's acquittal of a former government minister of
corruption charges, the President dismissed the President of
the Supreme Court. This judge was accused of having taken
bribes to acquit the former minister, but no proof of the
alleged bribe has been made public. The Government also
subsequently replaced judicial (and law enforcement) personnel
at every level—Supreme Court, Courts of Appeal, Superior
Courts, magistrates, prosecutors, and investigators--in six
different provinces.
Burundi has separate court systems to deal with military,
civil/criminal, and state security cases. Military tribunals
have jurisdiction only over military personnel. The State
Security Court has jurisdiction over both civilian and
military personnel, and its proceedings need not be made
public. To date, this Court has been used only once, in
prosecuting ex-President Micombero in the mid-1970's. Burundi
law provides the right to counsel, and indigents are provided
defense counsel by the State. Pretrial proceedings may
involve lengthy investigations. The courts are hampered by a
lack of trained legal personnel and by heavy case loads.
Following the September 1987 coup d'etat, the Buyoya
Government released all political prisoners or detainees in
Burundi. Six former officials of the Bagaza regime are in
prison, charged with criminal, not political, offenses
(primarily corruption). One former minister was convicted of
fraud in October 1988 and sentenced to 8 years in prison, but
none of the others have yet been brought to trial.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The inviolability of private correspondence and of the home
are enshrined in the (suspended) Constitution and are
respected in practice. A judicial warrant is required for a
law enforcement official to enter and search a private
residence, and this requirement is respected in practice.
Membership in the political party (UPRONA) and its affiliated
organizations is open to all but is not required. The State
Security Office monitors political dissent through the State
Security Police and by employing informers who report on
discontent and dissent as well as on criminal activity.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are significantly restricted. Since the
beginning of the Buyoya regime, there has been an
unprecedented public debate on formerly taboo subjects, such
as ethnic relations and official corruption. The debate has
been especially spirited in UPRONA party meetings, which is
the form of dialog officially encouraged by government
authorities. The Government's tolerance for public criticism
outside party forums is limited, however. Many of the
signatories of an open letter critical of the Army's role in
the ethnic killings either lost their jobs, were suspended
from studies, or were detained.
The Government controls all domestic print and broadcast
media. The French-language daily and Kirundi-language weekly
papers are published by the Ministry of Information, which
also operates the domestic radio and television stations. The
media are traditionally required to support the fundamental
policies of the party and the Government. Some criticism of
the Government is permitted in the printed press, but
journalists are state employees and subject to disciplinary
action if their criticism goes beyond what is considered
tolerable. The Government rarely interferes with the
distribution of foreign news publications and never interferes
with radio reception from foreign sources. Public censorship
occurs only in the case of sexually explicit foreign film
material or publications.
Academic freedom has been limited in the past in that primary
and secondary school teachers were expected to support
government policies. At the university, professors come from
many different countries, both East and West, and are
permitted to lecture freely in their subject areas, conduct
research, and draw independent conclusions. They are expected
to and do refrain from commenting publicly on domestic
political issues.
b. Freedom of Peaceful Assembly and Association
In the aftermath of the August 1988 ethnic massacres, the
Government prohibited all public meetings of more than five
persons without specific authorization. The Government
announced this as a temporary measure and lifted it on October
31 along with a curfew and other temporary security
restrictions. As far as is known, the Government has never
refused to grant authorization when requested. The Government
permits nonpolitical private associations but requires that
they be registered and accorded legal recognition before they
may function. No political associations other than the ruling
party are permitted. Several persons who tried to revive a
banned second party, PALIPEHUTU (Liberation Party for the Hutu
People), were briefly jailed in March 1988.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
During his first year in office. President Buyoya made
sweeping changes in Burundi's policies toward organized
religion, reversing the repression of religious expression
under the Bagaza regime. Buyoya freed all religious
prisoners; reopened the closed churches; returned all
confiscated church properties, including houses and schools;
authorized weekday masses; reinstituted the activities of
catechists; and authorized church schools (including
seminaries and literacy/catechism classes), publications, and
radio broadcasts. The Government is negotiating with the
churches regarding compensation for property seized by the
former regime. Some of the missionaries who were expelled
under Bagaza are being allowed to return, and there are no
restrictions on new missionaries. Organized religion, in
particular the Catholic Church, plays a key role in the
development of the country and the lives of both rural and
urban Burundi.
Religious expression continues to be regulated by civil laws
and regulations. Religious organizations are subject to the
same rules and restrictions which apply to secular
organizations. All religious associations must receive
approval from the Government to operate in Burundi, and a
Burundi citizen must be appointed as legal representative of
each association. Religious groups may not engage in
political activity critical of the Government. During the
Bagaza regime, two religious denominations were banned: the
Seventh Day Adventists and the Jehovah's Witnesses. The
Buyoya regime has legally recognized the Adventist Church and
returned all of its confiscated properties. The Government
has received a delegation of the Jehovah's Witnesses, and
their legal recognition is presently under consideration.
There are no barriers to the maintenance of links with
coreligionists in other countries. Participation in religious
groups does not exclude people from membership in the UPRONA
party or from receiving social benefits.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Government instituted restrictions on internal travel in
August 1988 following ethnic violence in the north. Any
person traveling between communes needed specific permission
to do so in the form of a laissez-passer issued by the
communal administrator, which was issued routinely. An 11
p.m. to 5 a.m. curfew was in effect throughout Burundi. The
Government lifted these travel restrictions on October 31.
Some 48,000 Burundi citizens fled to Rwanda following the
recent ethnic violence in northern Burundi. The Government
collaborated with the Government of Rwanda, the International
Committee of the Red Cross, and the United Nations High
Commissioner for Refugees (UNHCR) to create a climate of
confidence in the north to encourage the refugees to return.
This effort has been sucessful, and most of the refugees have
voluntarily returned to their home areas.
The Government continues to discourage migration to urban
areas through an active public education campaign. Foreign
travel and emigration are relatively free, though travelers
must explain the reason for their trip and must surrender
their passports to the immigration office on their return to
Burundi. Prospective Burundi travelers must have exit visas
as well as passports. In the past, many foreigners applying
for exit visas were required to prove they had no outstanding
debts
.
In the past, repatriated Burundi refugees were welcomed and
accorded full rights as citizens. Burundi claims to host some
262,000 refugees, most of whom are Rwandan Tutsis who have
resided in Burundi since the 1960's. The Government
collaborates closely with the UNHCR in refugee matters. The
Government does not engage in forced repatriation of refugees,
but it has periodically deported Zairians and Rwandans who
lacked residence permits or who had been arrested on suspicion
of criminal activities.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The military rules in Burundi, and citizens do not have the
right to change their government through democratic
procedures. Since September 1987, the 30-member Military
Committee for National Salvation (CMSN) , headed by President
Pierre Buyoya , has been the supreme body, taking
responsibility for policymaking and direction of government.
Most executive decisions are taken by the 10-member Executive
Committee of the CMSN, also headed by Buyoya. The President
has indicated that the Military Committee will rule until
civilian government institutions, presumably including the
National Assembly, are reconstituted. When he was sworn in.
President Buyoya promised a new constitution and a return to
civilian rule within 2 years, but there has been little
movement toward these goals.
Political participation can take place only within the
one-party structure, and voters can express dissatisfaction
only by voting against incumbents for party positions. The
party is open to all Burundi citizens supporting its
principles, and both men and women are active members and
office holders. The UPRONA party, together with its youth,
women's, and labor-affiliated movements, claims a membership
of approximately 1.4 million persons, over three-quarters of
the adult population. The party regularly holds local and
regional meetings, where party members discuss issues and make
reconmendations . During the past year, participation in party
elections has expanded. Formerly, the slate of candidates for
local and national party offices was selected by central
government cadres and voted upon by party membership. Any
party member now wishing to run for office can have his or her
name on the ballot without advance central party approval.
Allegations that Hutu were discriminated against in this
process in northern Burundi are thought to have contributed to
the unrest prior to the outbreak of violence. Voting is
secret in localities where members are literate, but in some
rural areas where members are illiterate, voting is by a show
of hands.
Women are represented at all levels in the political life of
the country, including many in the UPRONA party and two in
Buyoya ' s Cabinet. Their main vehicle of political expression
is the Burundi Women's Union, which is affiliated with the
party.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Buyoya Government initially rejected calls for an
international inquiry into the August 1988 ethnic violence in
the north on grounds of national sovereignty. However, in
October the Government informed the United Nations Secretary
General that it would be willing to receive a U.N.
fact-finding mission to examine ethnic tensions and the
refugee problem. It already has permitted outside observers,
including the ICRC, journalists, diplomats, historians,
representatives of the U.N. and the Organization of African
Unity (OAU) , and officials of private voluntary organizations
to visit the affected areas extensively. The Government is
undertaking its own investigation of the events and has
reiterated that any outside observers are welcome to visit the
area to take stock of the situation. The Buyoya Government
restricted ICRC access to some detainees in the wake of the
ethnic violence, but by the end of the year was again allowing
the ICRC to visit all prisons and other detention facilities.
Burundi is a party to several United Nations instruments on
human rights, but it has not signed the OAU African Charter on
Human and Peoples' Rights.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The minority Tutsi have for many centuries dominated the
majority Hutu people. Civil strife has erupted between the
two groups several times, most recently in April 1972 and
August 1988. In both instances, a Hutu uprising resulting in
numerous deaths of Tutsi was followed by military intervention
that resulted in massive Hutu killings. In both cases, the
violence was followed by thousands of Hutu refugees fleeing
Burundi. At the outset of its gaining power in September
1987, the Government of President Pierre Buyoya adopted an
official policy of ethnic reconciliation. Buyoya named Hutus
iO
to all levels of government, including 7 to his 23-member
Cabinet, and 6 of 15 provincial governors. The changes in
nomination procedures for UPRONA party elections also resulted
in many more Hutus holding party offices. In the aftermath of
the recent violence. President Buyoya , having pledged to
create greater opportunities for Hutus, in October gave an
equal number of ministerial portfolios to Hutus in his Cabinet
and appointed a Hutu as Prime Minister.
Despite these encouraging beginnings, de facto discrimination
by Tutsi against Hutu is found in m.any areas of society,
though it is not condoned by law. There are few Hutus in the
Army, and the majority of civil service jobs, as well as
university and secondary school places, go to Tutsis. Tutsi
also dominate the modern economic sector, though in rural
areas economic opportunities are roughly equivalent for both
ethnic groups.
Women hold a secondary position in Burundi society, although
their status is changing from traditional patterns. The
suspended Constitution provides for legal equality. The
current legal code prohibits polygamy and a dowry requirement,
allows women some control over family matters, and provides
for land inheritance by women. Although fewer women than men
obtain a formal education, once a degree is attained women
generally can find suitable employment. The Government has
not discriminated against women in hiring.
Section 6 Worker Rights
a. The Right of Association
Burundi workers do not have the right of association as
defined by the International Labor Organization (ILO). The
UPRONA party controls the national Trade Union Confederation
(UTB) and has institutionalized this single trade union
structure by means of legislation. No other unions are
allowed by law. The present head of the UTB was named by
President Buyoya, but all other officeholders were elected by
the UTB membership. The principal role of the UTB, to which
virtually the entire salaried work force belongs, is to serve
as an intermediary between workers and employers in labor
matters. The UTB formulates its programs and policies in
concert with the Ministry of Labor. Unauthorized advocacy of
a strike or lockout is a criminal offense. Therefore,
although they are theoretically permitted, there have been no
strikes in recent years. The UTB participates in the ILO and
is a member of the Organization of African Trade Union Unity.
b. The Right to Organize and Bargain Collectively
Workers do not have the right to organize outside the UTB.
Within the UTB, they have the right to bargain individually
and collectively in labor disputes, and in practice UTB has
often forced employers to revise their practices. Due to the
almost universal membership in UTB among salaried employees,
antiunion discrimination is not a problem in practice. There
are no export processing zones in Burundi, and labor laws are
applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
While forced or compulsory labor is not permitted under
Burundi law, the ILO Committee of Experts has noted that
provisions of ordinances concerning the conservation and
utilization of soils and the creation and maintenance of
minimum areas of food crops are in violation of ILO Convention
No. 29. It has urged the Government to bring the texts into
conformity with the Convention and into line with what the
Government asserts is actual practice. The Committee also
noted that the various legislative provisions, which call for
imprisonment (involving obligation to work) for expressions of
political views contrary to those of the party, are not in
compliance with ILO Convention 105. The Government in this
instance has indicated that it intends to examine the
possibility of revising the prison legislation.
d. Minimum Age for Employment of Children
Children under the age of 12 may not be legally employed in
any capacity, nor may children under the age of 16 be engaged
in dangerous or strenuous work. As a practical matter in this
poor, largely rural country, many children are obliged by
custom and circumstance to help their families in subsistence
agriculture
.
e. Acceptable Conditions of Work
Over 90 percent of the population of Burundi is engaged in
subsistence agriculture. Worker rights are guaranteed by the
Burundi labor code and by the UTB, but these rights have
relevance primarily for workers in the small, wage sector of
the economy. The established minimum wage is $1.03 per day in
Bujumbura, and $0.90 per day in rural areas; this wage level
is inadequate to provide a decent living for urban families,
who frequently supplement their income through family
gardening or small businesses. Wages are higher in the few
private sector businesses and for skilled jobs. Working hours
vary between 40 and 45 hours per week. Saturday afternoons,
Sundays, and holidays are times of rest. In the modern
economic sector, minimum health and safety standards are
monitored by the Ministry of Labor. The enforcement of these
standards is limited, due to lack of resources
