Burundi: Treatment of family members of those who oppose the third term of President Pierre Nkurunziza, especially of those who were associated with power (2014-August 2015)

1. Political Context: Opposition to Third Term of Pierre Nkurunziza

On 25 April 2015, the party in power in Burundi, the National Council for the Defense of Democracy - Forces for the Defense of Democracy (Conseil national pour la défense de la démocratie - Forces de la défense de la démocratie, CNDD-FDD), announced that it would support President Pierre Nkurunziza's candidacy for a third term (Africa Confidential 1 May 2015; UN Aug. 2015, 23). On 26 April 2015, protests broke out in Bujumbura to oppose his candidacy (AI 24 Aug. 2015, 3; APRODH June 2015, 2; Africa Confidential 1 May 2015). The opponents to Pierre Nkurunziza's serving a third term stated that his candidacy was against the provisions of the constitution (ibid.; UN 7 July 2015, para. 5) and the Arusha Accords (ibid.). Sources state that several people were injured and killed by the police during those protests (APRODH June 2015, 23; AI 23 July 2015). According to the UN High Commissioner for Refugees, the preelectoral protests in Bujumbura became increasingly violent and quickly spread across the rest of the country (UN Aug. 2015, 6).

In May 2015, members of the security forces, led by Major General Godefroid Niyombare, attempted a coup against the President (AI 24 Aug. 2015, 3; UN 7 July 2015, para. 8).

In July 2015, Pierre Nkurunziza was elected for a third presidential term (BBC 30 July 2015; Freedom House 17 Aug. 2015). France24 reports that according to a UN observer mission, the election was not "free and credible" and was conducted in an environment of "profound mistrust" (France24 with AFP and AP 20 Aug. 2015). On 20 August 2015, Pierre Nkurunziza was sworn in for a third term (ibid.; L'Opinion 29 Aug. 2015). Sources state the following about the political unrest surrounding the presidential elections:

Former armed forces leaders were assassinated (CNIDH 19 Aug. 2015; Freedom House 17 Aug. 2015).

People were killed (CNIDH 19 Aug. 2015; Iwacu 24 Mar. 2015; France24 with AFP and AP 20 Aug. 2015). In an August 2015 briefing note, the Office of the UN High Commissioner for Human Rights states that more than 96 people have been killed, mainly among the opposition, since late April (UN 14 Aug. 2015).

The Office of the UN High Commissioner for Human Rights states that there is a climate of reprisals (ibid.). Sources report that assassinations were committed out of revenge (Freedom House 17 Aug. 2015; France24 with AFP and AP 20 Aug. 2015) between the presidential and opposition groups (ibid.). During the first two weeks of August 2015, at least seven members of the CNDD-FDD were killed by unidentified individuals (UN 14 Aug. 2015).

According to the Office of the UN High Commissioner for Human Rights, between the end of April and mid-August 2015, about 600 people were arrested and detained, and at least 60 cases of torture were reported (ibid.). Sources state that members of the National Intelligence Service (Service national de renseignements, SNR) and the police were responsible for acts of torture and illtreatment (APRODH June 2015, 1617, 22; AI 24 Aug. 2015, 8; Human Rights Watch 6 Aug. 2015) against alleged opposition members (ibid.). Amnesty International (AI) reports that "perceived opposition members," demonstrators and at least one journalist had been tortured while detained (AI 24 Aug. 2015, 8).

People who had been kidnapped had been found dead (CNIDH 19 Aug. 2015; APRODH July 2015, 3).

Sources report that people were victims of intimidation (Iwacu 24 Mar. 2015; AI 23 July 2015) by police and intelligence service officers (ibid.).

Imbonerakure [1] activists committed acts of violence (APRODH June 2015, 12; Human Rights Watch 6 Aug. 2015) against alleged opposition members (ibid.).

Grenade attacks by unidentified assailants were committed in the city of Bujumbura and in the country's northern provinces (APRODH June 2015, 22).

After opposing the candidacy of Pierre Nkurunziza, Gervais Rufyikiri, Vicepresident [or Assistant Vicepresident] of the country, left Burundi (BBC 30 July 2015; AFP 28 June 2015). Sources state that members of the government also fled the country (ibid.; UN 7 July 2015, para. 12) after publicly opposing the third term of Pierre Nkurunziza (ibid.).

In August 2015, more than 200,000 Burundians had left the country (Freedom House 17 Aug. 2015; L'Opinion 29 Aug. 2015) since the political unrest began (ibid.).

2. Treatment of Family Members of Political Opponents

2.1 Treatment of Family Members of Those Associated With Power but Who Oppose the Third Term of Pierre Nkurunziza

In correspondence with the Research Directorate, a researcher at the Institute for Research on Development (Institut de recherche pour le développement, IRD), in France, who works on the Great Lakes region, stated that Pierre Nkurunziza's regime takes steps to control, [translation] "silence" or scare away its opponents, whether they have made their position public or not (researcher 4 Sept. 2015). She added that those targeted include people who hold senior positions in the government, including political appointees (ibid.). She stated that the steps taken against these individuals also target the members of their family, in order to pressure them (ibid.). The researcher stated that she was aware of cases of verbal intimidation and of threats (ibid.).

Sources report that Major General Godefroid Niyombaré, head of the intelligence services, was fired (IRIN 13 May 2015; Iwacu 18 Feb. 2015) on 18 February 2015 (ibid.). In an article published by Radio France internationale (RFI), a researcher from the International Crisis Group describes Godefroid Niyombaré as an officer with [translation] "the reputation for being a CNDD-FDD moderate" (RFI 13 May 2015). Before he was fired, Godefroid Niyombaré had recommended to the President that he not run in the presidential elections again (ibid.; UN 7 July 2015, para. 5). According to Iwacu, a news website in Bujumbura, on 28 February 2015, Godefroid Niyombare's wife, Spès Niyonkuru, was pursued by two vehicles and came under gunfire (Iwacu 24 Mar. 2015). IRIN states that she was a member of parliament for the CNDD-FDD party (IRIN 13 May 2015).

In March 2015, members of the CNDD-FDD signed a petition protesting the third term of Pierre Nkurunziza (Radio Bonesha 24 Mar. 2015; RPA n.d; Hovil 7 May 2015) and recommended to the President that he not run as a candidate (ibid.). According to RFI, the list of petitioners includes the spokesperson for the President, the spokesperson for the party and between 100 and 300 senior party officials (24 Mar. 2015). According to the Burundian radio station Radio Bonesha, the President of the CNDD-FDD stated that the party considers those who signed that document to be [translation] "similar to the ruling-party opponents" and that they could be excluded from the party (Radio Bonesha 24 Mar. 2015). A number of those who signed it received death threats (RFI 24 Mar. 2015; APRODH Mar. 2015, 4) and were pursued and intimidated for signing the petition (ibid.). In May 2015, a senior researcher at the NGO International Refugee Rights Initiative (IRRI) [2] published an article based on an interview conducted with a politician and member of the ruling party who had signed the petition; he stated that since signing the petition, he has been "forced into hiding" (Hovil 7 May 2015). According to the article, a number of individuals who signed the petition have been removed from the party and lost their jobs (ibid.). The politician explained that he was afraid of being attacked or the subject of an attempted assassination, and he fears that his family is in danger (ibid.). Similarly, the researcher at the IRD recounted the case of a senior official whom she describes as a former [translation] "bigwig" of the regime, who had been threated after signing a petition requesting that the President not appear for a third term (researcher 4 Sept. 2015). The researcher stated that the threats were [translation] "sufficiently [...] disturbing that he decided to evacuate his family first" before joining them abroad (ibid.).

2.2 Treatment of Family Members of Political Opponents in General

In March 2015, the wife of Agathon Rwasa, the leader of the National Liberation Front (Front national de libération, FNL), an opposition party, was attacked by a man armed with a pistol (Iwacu 24 Mar. 2015; VOA 17 Mar. 2015). Voice of America (VOA) states that Agathon Rwasa accused the government of trying to assassinate his wife with the complicity of the police (ibid.). Iwacu reports that, according to witnesses, the police did not try to pursue the attacker (24 Mar. 2015).

In April 2015, the humanitarian news service IRIN conducted an interview with a refugee who fled Burundi after members of the Imbonerakure went to his home and threatened him with death because members of his family had not given their support to Pierre Nkurunziza and were supporters of Hussein Radjabu, one of his political rivals (IRIN 24 Apr. 2015). Hussein Radjabu was the former president of the CNDD-FDD (BBC 2 Mar. 2015; Africa Confidential 1 May 2015). He was imprisoned in 2007 for "plotting a rebellion" against Pierre Nkurunziza (ibid.). He escaped from prison in 2015 (ibid.; BBC 2 Mar. 2015).

AI reports that among the protesters who opposed the third term of Pierre Nkurunziza, [AI English version] "[n]o victims of family members interviewed by Amnesty International had filed complaints with the police citing fear of reprisals following intimidation by police or intelligence agents" (AI 23 July 2015). According to the researcher at the IRD, given the political climate, [translation] "there is little hope of protection" for opponents of the regime "from protection and security agencies" (4 Sept. 2015).

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 Imbonerakure are the youth wing of the CNDD-FDD (Human Rights Watch 6 Aug. 2015).

[2] IRRI is a human rights organization that conducts legal and field research on vulnerable populations during and after conflict (IRRI n.d). IRRI has three offices, in Uganda, the United States and the United Kingdom (ibid.).

References

Africa Confidential. 1 May 2015. "Pierre Nears the Precipice." [Accessed 12 Aug. 2015]

Agence France-Presse (AFP). 28 June 2015. "Burundian Politician Flees to Belgium and Denounces 'Illegal' Election." [Accessed 12 Aug. 2015]

Amnesty International (AI). 24 August 2015. Just Tell Me What to Confess To - Torture and Other Ill-treatment by Burundi's Police and Intelligence Service Since April 2015. (AFR 16/2298/2015) [Accessed 24 Aug. 2015]

_____. 23 July 2015. "Burundi. Recours à la force meurtrière contre des manifestants." [Accessed 28 Aug. 2015]

Association pour la protection des droits humains et des personnes détenues (APRODH). July 2015. Lettre mensuelle de juillet 2015. [Accessed 1 Aug. 2015]

_____. June 2015. Rapport de juin 2015. [Accessed 17 Aug. 2015]

_____. March 2015. Rapport du mois de mars 2015. [Accessed 17 Aug. 2015]

British Broadcasting Corporation (BBC). 15 August 2015. "Ex-army Chief Col Jean Bikomagu Shot Dead in Burundi." [Accessed 17 Aug. 2015]

_____. 30 July 2015. "Burundi Profile - Timeline." [Accessed 17 Aug. 2015]

_____. 2 March 2015. "Burundi Dissident Hussein Radjabu Escapes from Jail." [Accessed 17 Aug. 2015]

Researcher, Institut de recherche pour le développement (IRD), France. 4 September2015. Correspondence with the Research Directorate.

Commission nationale indépendante des droits de l'homme (CNIDH). 19 August 2015. Déclaration du président de la CNIDH du 19 août 2015. [Accessed 24 Aug. 2015]

France24 with Agence France-Presse (AFP) and Associated Press (AP). 20 August 2015. "Burundi President Sworn in Amid Political Violence." [Accessed 20 Aug. 2015]

Freedom House. 17 August 2015. "Burundi: Political Assassinations Continue." [Accessed 17 Aug. 2015]

Hovil, Lucie. 7 May 2015. "Nkurunziza Third Term 'Suicidal for the Nation': an Interview with a Burundian Politician in Hiding." African Arguments. [Accessed 18 Aug. 2015]

Human Rights Watch. 6 August 2015. "Burundi: Spate of Arbitrary Arrests, Torture." [Accessed 17 Aug. 2015]

International Refugee Rights Initiative (IRRI). N.d. "Who We Are." [Accessed 8 Sept. 2015]

IRIN. 13 May 2015. Désiré Nimubona. "Who Is Burundi's Coup-maker?" [Accessed 17 Aug. 2015]

_____. 24 April 2015. "Paix fragile au Burundi." [Accessed 17 Aug. 2015]

Iwacu. 24 March 2015. Rénovat Ndabashinze, Christian Bigirimana and Diane Uwimana. "Burundi: Security - Attacks to Political Gaits." [Accessed 14 Aug. 2015]

_____. 18 February 2015. "Le Géneral-Major Godefroid Niyombare chef du service national des renseignements (SNR) limogé." [Accessed 14 Aug. 2015]

United Nations (UN). August 2015. Office of the High Commissioner for Refugees. Revised Burundi Regional Refugee Response Plan: April-September 2015. [Accessed 17 Aug. 2015]

_____. 14 August 2015. "Press Briefing Note in Burundi and Iraq." [Accessed 17 Aug. 2015]

_____. 7 July 2015. Security Council. Report of the Secretary-General on the United Nations Electoral Observation Mission in Burundi. (S/2015/510) [Accessed 31 Aug. 2015]

L'Opinion. 29 August 2015. Thierry Vircoulon. "Crise au Burundi : un risque régional." [Accessed 17 Aug. 2015]

Radio Bonesha. 24 March 2015. "Les membres du CNDD-FDD qui sont contre un 3è mandat de Nkurunziza sont des déstabilisateurs." [Accessed 13 Aug. 2015]

Radio France internationale (RFI). 16 August 2015. "Crise au Burundi : les craintes d'une escalade ethnique et régionale." > [Accessed 31 Aug. 2015]

_____. 13 May 2015. Thierry Vircoulon. "Burundi : Godefroid Niyombaré avait mis en garde Nkurunziza." [Accessed 31 Aug. 2015]

_____. 24 March 2015. "Burundi : le président Nkurunziza contesté au sein même de son parti." [Accessed 31 Aug. 2015]

Radio publique africaine (RPA). N.d. "Les opposants au troisième mandat au CNDD-FDD se multiplient." [Accessed 31 Aug. 2015]

Voice of America (VOA). 17 March 2015. James Butty. "Burundian Opposition Figure Says Wife Victim of Assassination Attempt." [Accessed 17 Aug. 2015]

Additional Sources Consulted

Oral sources: Amnesty International; Doctoral candidate, London School of Economics; Human Rights Watch; Professor, School of Oriental and African Studies, University of London; Researcher on Burundi, Institut d'études de sécurité, Nairobi.

Internet sites, including: African Arguments; Bujumbura News; Burundi - Commission électorale nationale indépendante, Présidence de la République du Burundi; Burunditransparence.org; Coalition de la société civile pour le monitoring électoral; The East African; ecoi.net; Factiva; IGIHE; Institute for War and Peace Reporting; International Crisis Group; The New York Times; Observatoire de l'action gouvernementale; Radio Insanganiro; United Nations - United Nations Office in Burundi, UN News Centre, Refworld; United States - Department of State.