Burundi: Treatment of members of the Movement for Solidarity and Democracy (Mouvement pour la solidarité et la démocratie, MSD) by authorities; details of membership cards, including a description of the party's logo (March 2013-September 2014)

1. Background and Context

The 2010 elections were won by the Conseil national pour la défense de la démocratie-Forces pour la défense de la démocratie (CNDD-FDD) party (BTI 2014, 2-3; AI 29 July 2014, 9). According to a report by Amnesty International (AI), a coalition of opposition parties claimed the 2010 communal elections were fraudulent, and withdrew from participating in the subsequent presidential and legislative elections, which, despite some "'irregularities'," were deemed "broadly free and fair" by international observers (ibid.). Reuters reported that MSD was one of the opposition parties that boycotted the elections and formed part of the coalition called the Alliance for Democratic Change (Alliance démocratique pour le changement, ADC) (Reuters 9 Mar. 2014). AI reports that following the 2010 elections, the security situation in the country "deteriorated," resulting in clashes between unidentified armed groups and security forces, and in "large number[s] of extrajudicial executions" of opposition members (AI 29 July 2014, 9). According to the US Department of State's Country Reports on Human Rights Practices for 2013,

[t]he main human rights abuses included torture and extrajudicial executions of detainees, particularly members of certain opposition political parties, by police, military and intelligence services; ... Other human rights abuses included interference with and intimidation of government officials and political opposition members by certain members of the CNDD-FDD and the intelligence and police services. (US 27 Feb. 2014, 1)

Sources report that the ruling CNDD-FDD plans to change the constitution, potentially allowing the re-election of President Nkurunziza for a third term (IHS 24 June 2014; AI 29 July 2014, 10). In late March 2014, the National Assembly rejected, by one vote, to amend the Constitution (ibid.; UN 31 July 2014, para. 6). According to AI's report, published in July 2014, the proposed changes have "increased" political tensions in the country (AI 29 July 2014, 10).

According to reports published by AI and the UN, violations of the rights to peaceful assembly and association have been increasing as of July 2014 (UN 31 July 2014, para. 31; AI 29 July 2014, 5), including harassment and intimidation of critics of the government (ibid.) Human Rights Watch indicates that in the context of "increasing political tension" leading up to the 2015 national elections, it has observed a "pattern of restrictions on the rights to freedom of expression, association and assembly, and periodic crackdowns against perceived government critics" (Human Rights Watch 16 July 2014). Similarly, Agence France-Presse (AFP) reports that during this period, opposition activists have reportedly been subjected to curfews, fines, arrests, and "sometimes fatal" beatings (AFP 13 July 2014). Furthermore, Human Rights Watch states that members of opposition parties have been arbitrarily arrested, and that meetings have been disrupted or prevented by "state agents" and youth associated with the ruling party [1] (Human Rights Watch 16 July 2014).

According to sources, the Imbonerakure, which is described by sources as the youth wing of the ruling CNDD-FDD (AFP 7 Oct. 2013; BTI 2014, 2) or as "close to the presidential party" (FIDH 7 Feb. 2014), is "partly armed" and used against opposition members (BTI 2014, 2). The International Federation for Human Rights (Fédération internationale des ligues des droits de l'homme, FIDH) also reports that the group is used to "target people perceived as being close to the opposition" (FIDH 7 Feb. 2014). Sources report that the Imbonerakure are linked to security forces (AI 29 July 2014, 26; FIDH 7 Feb. 2014), and have carried out acts of violence with their "complicity" and with "total impunity" (ibid.). Human Rights Watch has documented the "frequent" involvement of the Imbonerakure in acts of intimidation, violence, and abuses against opposition members and supporters (Human Rights Watch 16 July 2014). Similarly, in July 2014, the UN reported on 49 incidents in which the Imbonerakure disrupted meetings of opposition parties, assaulted political opponents, and used intimidation, threats, and extortion against opponents and citizens (UN 31 July 2014 para. 31). For more information on the Imbonerakure, refer to Response to Information Request BDI104343.

In March 2013, the government, the UN, and representatives of major political parties, including MSD, participated in a workshop on lessons learned from the 2010 election and reached a consensus on electoral code amendments (UN 20 Jan. 2014, para. 3). Several opposition leaders, including MSD leader Alexis Sinduhije, returned from exile to participate (ibid.). Similarly, Human Rights Watch indicates that "most opposition party leaders" who had fled Burundi after the 2010 elections, including Alexis Sinduhije, returned to Burundi in 2013 (Human Rights Watch 21 Jan. 2014).

According to IHS Global Insight, in June 2014, all 44 registered political parties, including MSD, adopted a new electoral code of conduct, committing themselves to holding free and fair elections in 2015 (IHS 24 June 2014).

2. Treatment of MSD Members by Authorities and Affiliates

According to the 20 January 2014 UN Report of the Secretary General on the UN Office in Burundi (Bureau des Nations Unies au Burundi, BNUB), tensions among youth groups of political parties have "remained high" (UN 20 Jan. 2014, para. 8). Human Rights Watch reports that members of the MSD and of the Forces nationales de libération (FNL), another opposition party, were "harassed and intimidated," and that government officials and police interfered with party meetings and arrested members (Human Rights Watch 21 Jan. 2014). The same source notes that there have been clashes between the Imbonerakure and youths from MSD and other parties, leading to "violence on both sides" (ibid. 16 July 2014).

The MSD local headquarters in Gatete zone, Rumongue Municipality was set on fire by unidentified attackers on 28 February 2013, according to Burundi media source Radio Isanganiro (Radio Isanganiro 2 Mar. 2014). The same source reports that according to the local MSD chairman, the suspects were Imbonerakure youths, who the chairman claimed "have not been happy" about the installation of the local MSD headquarters in the area (ibid.).

Sources report that MSD youths and members of the Imbonerakure clashed in Gihanga, Bubanza province in early October 2013 (Human Rights Watch 21 Jan. 2014; AFP 7 Oct. 2013; UN 20 Jan. 2014, para. 8). According to the UN, more than 50 MSD youth clashed with "over 100" members of the Imbonerakure (ibid.). The clash left two MSD members and three Imbonerakure seriously injured (ibid.; AFP 7 Oct 2013). AFP indicates that two Imbonerakure members were arrested but soon released without charge, while "six opposition activists" were imprisoned (AFP 13 July 2014).

AI reports that clashes between MSD youth and the Imbonerakure took place in November 2013 (AI 29 July 2014, 28). According to AI, MSD members were arrested and detained without trials for "weeks or months," while Imbonerakure members were reportedly held briefly and released without charge (ibid.).

In November 2013, two sources reported that an MSD member, who was also a witness in a trial, was killed (COSOME 12 Nov. 2013; Ligue ITEKA 2013, 28). The trial was against two police officers accused of extra-judicial killings, who were later released (ibid.). Country Reports 2013 indicates that one of the accused was a deputy commissioner of police, who was acquitted of a 2012 killing of an MSD member (US 27 Feb. 2014, 2).

The MSD reported to AI that authorities refused authorization for 14 political party meetings between 12 October 2013 and 13 March 2014 (AI 29 July 2014, 17).

In May 2014, Radio France internationale (RFI) reported that a provincial MSD party leader was arrested for propagating "rumours" about the alleged distribution of arms to the Imbonerakure by the government (RFI 6 May 2014).

AI reports that in February 2014, four MSD members were beaten up by a group of Imbonerakure outside the MSD headquarters in Marangara, Ngozi province, reportedly with the participation of a local official and the presence of nearby police; members of the public broke up the attack (AI 29 July 2014, 23). MSD members complained to the judicial police, but no arrests were made, according to AI (ibid.).

3. Clashes on 8 March 2014 and Party Suspension

Clashes occurred at the MSD headquarters in early March 2014 (Reuters 9 Mar. 2014; BBC 21 Mar. 2014). A group of MSD supporters had been participating in a "'group jog'" on 8 March 2014 to the centre of Bujumbura when they were dispersed by police (AFP 16 Mar. 2014; Al Jazeera 21 Mar. 2014) and clashes turned violent (ibid.). According to Human Rights Watch, the government stated that MSD members were planning an "insurrection" and used teargas to disperse the crowd and suspected MSD members, arresting 22 suspects (Human Rights Watch 16 July 2014). MSD members then gathered at their party headquarters (ibid.; AFP 16 Mar. 2014), numbering approximately 200 (ibid.). MSD reportedly detained and held two police officers at the headquarters during the clashes (ibid.; Reuters 9 Mar. 2014; Human Rights Watch 16 July 2014), and demanded the police release the MSD arrestees in exchange for the police hostages (ibid.). Sources report that the Burundi police launched an assault on the headquarters to apprehend the activists (ibid.; Iwacu-Burundi.org 10 Mar. 2014). According to the Burundian media source Iwacu-Burundi.org [2], Alexis Sinduhije claimed the MSD was acting out of "self-defence," while the police accused the MSD of firing first (ibid.).

According to Human Rights Watch, following the clashes, more than 70 people were arrested on March 8 and 9, the majority of whom were MSD supporters, but also included "people from a range of backgrounds and professions, MSD party representatives, and a few members of other opposition parties" (Human Rights Watch 16 July 2014). At least 20 activists and 5 police officers were wounded, according to media sources (AFP 16 Mar. 2014; Al Jazeera 21 Mar. 2014). Human Rights Watch indicates that some protesters were beaten by police and the arrests "appeared arbitrary" (Human Rights Watch 16 July 2014).

In March 2014, the Ministry of the Interior announced the four-month suspension of the MSD's party activities, following the incident (AI 29 July 2014, 10; AFP 16 Mar. 2014), closing the party's headquarters across the country (ibid.). Human Rights Watch reports that the government stated the reasons for the suspension were: the taking of police hostages; "insulting and incendiary" remarks made by Alexis Sinduhije on the radio, calling on members to carry out "'acts of insurrection, hatred and violence;'" and the alleged presence of weapons, ammunition, and drugs at the MSD building (Human Rights Watch 16 July 2014). The MSD did not challenge the suspension (ibid.). AFP reported that the MSD Secretary-General called the decision "'unfair'" but urged party activists to respect it (AFP 16 Mar. 2014). RFI reports that Sinduhije and 70 of his supporters were charged with "insurgency" (RFI 17 Mar. 2014). According to Reporters Without Borders (Reporters sans frontières, RSF), Sinduhije "went into hiding" (RSF 21 Mar. 2014). Sources report that an arrest warrant was issued against Sinduhije (Human Rights Watch 16 July 2014; RFI 2 May 2014). Sources report that he could be subject to life imprisonment (ibid. 17 Mar. 2014; Al Jazeera 21 Mar. 2014; RSF 21 Mar. 2014). According to sources, as of July 2014, Alexis Sinduhije remained outside the country (Panapress 14 July 2014; UN 31 July 2014, para.5).

Sources report that 21 MSD activists were sentenced to life in prison and another 26 MSD activists were given shorter sentences for their role in the protests (BBC 21 Mar. 2014; Al Jazeera 21 Mar. 2014), with shorter sentences ranging between 2 and 10 years (ibid.). According to an interview with the head of an association that campaigns for prisoners' rights, conducted by Al Jazeera, the activists were reportedly sentenced for their part in "armed revolt, rebellion, and contempt of the security forces" (ibid.). BBC reports they were sentenced for "participating in an illegal demonstration that turned violent" (BBC 21 Mar. 2014). Sources report that another 22 activists were acquitted (ibid.; Al Jazeera 21 Mar. 2014). According to Human Rights Watch, the trial lasted no longer than a day and "neither the defendants nor their lawyers were able to prepare their defense properly" (Human Rights Watch 16 July 2014). Similarly, the UN reports that there were "several violations of the right to due process" for those charged and sentenced (UN 31 July 2014, para.5).

According to sources, Belgian authorities arrested Sinduhije at Brussels airport in early May 2014 and Burundian authorities requested his extradition for his role in the March protests in Bujumbura (RFI 2 May 2014; Panapress 9 May 2014). AFP reports that on 6 May 2014, Belgian authorities suspended his arrest and released him from the airport detention centre (AFP 7 May 2014).

4. July 2014 Reinstatement of Activities

Sources report that in July 2014, the Ministry of the Interior lifted the 4-month suspension on MSD's activities (MSD 17 Sept. 2014; Iwacu-Burundi.org 22 July 2014). Iwacu-burundi.org reports that the MSD commended its activists for their behaviour during the suspension, and called for all party officials to reinstate their activities (ibid.). Meetings were subsequently organized throughout the country; however, some meetings in Gitega and Mwaro provinces were not given authorization (ibid.). In correspondence with the Research Directorate, the Secretary-General of the MSD reported that the party has been subjected to [translation] "attacks and provocations" by the Imbonerakure and agents from the national intelligence service, and that they have "had problems" holding meetings (17 Sept. 2014).

An MSD meeting in August 2014, authorized by the government, was reported to have been disrupted by two members of the Imbonerakure, according to Iwacu-Burundi.org (Iwacu-Burundi.org 19 Aug. 2014). The youths were arrested by police and the meeting proceeded (ibid.). The same source reports that three MSD members reportedly injured two CNDD-FDD [translation] "activists" in an altercation in Muramvya province in late August 2014, and that an MSD member's home was burned by unknown assailants (ibid. 24 Aug. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In late July 2014, Iwacu-Burundi reported that a member of the MSD was beaten, allegedly by members of the CNDD-FDD youth wing (ibid. 28 July 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. Logo and Membership Cards

The Secretary-General of MSD provided the information in the following section. Any person seeking membership to the party and who is accepted can be issued with a membership card (MSD 17 Sept. 2014). The card is usually issued at the commune level, by the President of the Communal Committee, or by the President of the Provincial Committee (ibid.). The Secretary-General or a member of the "Political Bureau" can issue the card, but this is "rare" (ibid.).

There is only one official logo, which is the image of a torch, and that is present on all versions of the membership card (ibid.). The party's flag appears on the membership card and is described as having a blue background, with a horizontal white band with orange bands above and below the white (ibid.). In the centre of the flag, there is an orange disc (ibid.).

The party also uses as a symbol the picture of a two-finger hand salute, which they print on their brochures and party [translation] "propaganda" (1 Oct. 2014). For an example of an MSD brochure, which includes an image of the logo, party flag, and symbol of the two-finger salute, please refer to the Attachment.

The present membership card is valid from January 2013-December 2015 and measures 8 by 10 centimetres (MSD 17 Sept. 2014). The party has one membership card and the appearance of the card is identical everywhere in the country (ibid.). The card is printed, and has a four digit number printed on it (ibid.).

MSD also issues a small number of VIP cards for members who make a large financial contribution (ibid.). VIP cards are signed by the former Secretary-General, and have a hand-written number, unlike ordinary cards, which have a printed number (ibid.). VIP cards also have a four digit number (ibid.).

There have been two other types of cards in the past: firstly, a membership card created in August 2008, prior to the official approval of the party, had a four digit number and had the original party name written on it: Mouvement pour la sécurité et la démocratie (ibid.). The party was obliged to change its name by the Ministry of the Interior prior to the approval of the group as a political party [3] (ibid.). After the party was approved and changed its name to Mouvement pour la solidarité et la démocratie, MSD issued a new card, with a five digit number, valid until January 2013 (ibid.). Since 2013, the two old cards are no longer distributed, but certain members may still have them and have not renewed them (ibid. 1 Oct. 2014).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The UN reports, for instance, that the government passed the Law on Public Gatherings, which was promulgated in December 2013 and places limitations and restrictions on public assembly, according to the UN (UN Jan. 2014 para.10).

[2] Iwacu-Burundi.org is a media group in Burundi that has an Internet site in English, French and Kurundi, as well as a weekly and monthly paper edition in Burundi (n.d.).

[3] According to the UN, MSD was reportedly blocked by the government from registering as a political party on the grounds that the name of the party, Mouvement pour la sécurité et la démocratie, "usurped the function of ensuring security" (UN 31 Aug. 2009, para. 13). The party changed its name and was registered and approved on 8 June 2009 (ibid.).

References

Agence France-Presse (AFP). 13 July 2014. "Burundi Youth Wing Sparks Fears of Looming Poll Violence." [Accessed 3 Sept. 2014]

_____. 7 May 2014. "Belgium Releases Burundi Opposition Leader." (Factiva)

_____. 16 March 2014. "Burundi Opposition Party Suspended: Minister." (Factiva)

_____. 7 October 2013. "Rival Burundi Political Supporters in Street Battles." (Factiva)

Al Jazeera. 21 March 2014. "Burundi Opposition Members Get Life Sentences." (Factiva)

Amnesty International (AI). 29 July 2014. Burundi: Locked Down. A Shrinking of Political Space. [Accessed 3 Sept. 2014]

Bertelsmann Stiftung Transformation Index (BTI). 2014. "Burundi Country Report." BTI 2014. [Accessed 3 Sept. 2014]

British Broadcasting Corporation (BBC). 21 March 2014. "Burundi MSD Opposition 'Joggers' Get Life Sentences." (Factiva)

Coalition de la société civile pour le monitoring électoral (COSOME). 12 November 2013. "Découverte de deux corps sans vie dans une rivière de la province de Bubanza." [Accessed 25 Sept. 2014]

Fédération internationale des ligues des droits de l'homme (FIDH). 7 February 2014. Burundi: UPRONA Leaves the Government, Democracy in Danger. [Accessed 3 Sept. 2014]

Human Rights Watch. 16 July 2014. "Burundi: Halt Crackdown on Opponents, Critics." [Accessed 16 July 2014]

_____. 21 January 2014. "Burundi." World Report 2014. [Accessed 3 Sep. 2014]

IHS Global Insight. 24 June 2014. "New Electoral Code in Burundi is Unlikely to Lead to Comprehensive Political Deal and End Violence." (Factiva)

Iwacu-Burundi.org. 24 August 2014. Jean Noël Manirakiza. "Mbuye : le Cndd-Fdd et le MSD sont à couteaux tirés." [Accessed 23 Sept. 2014]

_____. 19 August 2014. Fabrice Manirakiza. "Deux Imbonerakure perturbent les activités du MSD à Giheta." [Accessed 23 Sept. 2014]

_____. 28 July 2014. Jackson Bahati. "Cibitoke : un membre du MSD battu à mort par des Imbonerakure." [Accessed 23 Sept. 2014]

_____. 22 July 2014. Christian Bigirimana. "Contradictions autour de la reprise des activités du MSD." [Accessed 3 Sept. 2014]

_____. 10 March 2014. Christian Bigirimana. "Affrontements violents entre policiers et jeunes du MSD : une dizaine de blessés." [Accessed 13 Aug. 2014]

_____. N.d. "À propos." [Accessed 6 Oct. 2014]

Ligue ITEKA. 2013. Rapport annuel sur la situation des droits de l'homme au Burundi, édition 2013. [Accessed 25 Sept. 2014]

Mouvement pour la solidarité et la démocratie(MSD). 17 September 2014. Correspondence from the Secretary-General to the Research Directorate.

_____. 1 October 2014. Correspondence from the Secretary-General to the Research Directorate.

Panapress. 14 July 2014. "Confusion autour d'une tentative présumée d'assassinat d'un leader politique au Burundi." (Factiva)

_____. 9 May 2014. "Belgium: Detained Burundi Opposition Leader Released in Belgium." (Factiva)

Radio France internationale (RFI). 6 May 2014. "Burundi : un cadre du parti d'Alexis Sinduhije arrêté." [Accessed 23 Sept. 2014]

_____. 2 May 2014. "Burundi Seeks Extradition of Opposition Leader Arrested in Belgium." (Factiva)

_____. 17 March 2014. "Burundian Authorities Suspend Opposition Party Over 8 March Clashes in Capital." (Factiva)

Radio Isanganiro. 2 March 2014. "Unidentified Men Attack, Set Ablaze Opposition Party Headquarters in Burundi." (Factiva)

Reporters sans frontières (RSF). 21 March 2014. "Burundi - Authorities Poised to Move Against Popular Radio Station." [Accessed 3 Sept. 2014]

Reuters. 9 March 2014. Patrick Nduwimana. "Burundi Police Clash with Opposition Members, 15 Injured." (Factiva)

United Nations (UN). 31 July 2014. Security Council. Report of the Secretary-General on the United Nations Office in Burundi. (S/2014/550) [Accessed 2 Sept. 2014]

_____. 20 January 2014. Security Council. Report of the Secretary-General on the United Nations Office in Burundi. (S/2014/36) [Accessed 2 Sept. 2014]

_____. 31 August 2009. Human Rights Council. Technical Assistance and Capacity Building. Report of the United Nations High Commissioner for Human Rights on the Situation of Human Rights and the Activities of Her Office in Burundi. (A/HRC/12/43) [Accessed 29 Sept. 2014]

United States (US). 27 February 2014. "Burundi." Country Reports on Human Rights Practices for 2013. [Accessed 2 Sept. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following individuals and organizations were unsuccessful within the time constraints of this Response: Action des chrétiens pour l'abolition de la torture; Coalition de la société civile pour le monitoring électoral; Conflict Alert and Prevention Centre Burundi; Global Rights Burundi; Ligue des Droits de la personne dans la région des Grands Lacs - Bureau de Burundi; Ligue ITEKA; several branches and members of the Movement pour la Solidarité et la Démocratie; professor emeritus, University of Florida. An independent consultant that focuses on Burundi was unable to provide information for this Response.

Internet sites, including: Action des chrétiens pour l'abolition de la torture; Afrik News; All Africa; Conflict Alert and Prevention Centre; Coalition de la société civile pour le monitoring électoral; Ecoi.net; The Economist; Global Rights Burundi; Jeune Afrique; Ligue ITEKA; MSD Burundi; The New York Times; Political Handbook of the World; Radio publique africaine; Think Africa Press; UN - Integrated Regional Information Networks, Office in Burundi, Office of the High Commissioner of Human Rights, Security Council, Refworld, ReliefWeb; Voice of America.

Attachment

Mouvement pour la solidarité et la démocratie (MSD). 17 September 2014. "Brochure." Sent by the Secretary-General to the Research Directorate.