Burundi: information on the police, in particular its mandate, structure, geographical distribution, and reputation; the appearance of police uniforms, vehicles, emblems and flags; whether police members carry weapons

1. Mandate

The Burundi National Police (Police nationale du Burundi, PNB) was created under Law No. 1/023 of 31 December 2004 on the Creation, Organization, Missions, Composition and Functioning of the National Police (Loi nº1/023 du 31 décembre 2004 portant création, organisation, missions, composition et fonctionnement de la police nationale) (Burundi 2004, Art. 1). It is under the authority of the Minister of Public Security, and its [translation] "day-to-day management" is carried out by a director general and a deputy directorgeneral (ibid., Art. 6).

Article 18 of that same law cites the missions of the PNB as follows:

[translation]

The national police is designed as an auxiliary to public authorities to maintain the general order and assist in enforcing the legislation and regulations. The missions of the police shall be:

To maintain and restore public order;

To prevent offences and delinquency;

To investigate and prosecute perpetrators and make arrests;

To ensure respect for the laws and regulations;

To ensure the physical protection of persons and their property;

To ensure the protection of infrastructures and public property;

To relieve and assist persons in danger or in distress;

To ensure road safety throughout the national territory;

To ensure protection of public gatherings at the request of those involved, on orders from the administrative authorities, or on their own initiative;

To ensure the missions of the judicial and administrative police;

To ensure protection of the courts and tribunals;

To prevent and suppress organized transnational crime;

To fight terrorism;

To produce and make use of crime statistics;

To deal with the policing of immigration and the status of foreigners, including refugees and stateless people;

To monitor the movements of foreigners throughout the national territory;

To keep watch on the land, lake and air borders;

To issue travel documents and residence permits;

To ensure protection of the institutions;

To ensure detainees are guarded and escorted;

To work with the other ministries involved in protecting the environment (ibid., Art. 18).

In correspondence sent to the Research Directorate, a political analyst who is a security issues specialist at Lake Tanganyika University in Burundi stated that, [translation] "in exceptional situations" the two other public order organizations, the National Defense Force (Force de défense nationale, FDN) of Burundi and the National Intelligence Service (Service national des renseignements, SNR), perform police missions, even though they operate under legislative frameworks and mandates that are different from those of the PNB (Political Analyst 12 Oct. 2015). Regarding the FDN, he stated that it helps to maintain public order when the police is overwhelmed (ibid.). He added that for the FDN to intervene, the chief of state must give the order, [translation] "after consulting with the two chambers of Parliament and government" (ibid.). An article published in May 2015 by the Research and Information on Peace and Security Group (Groupe de recherche et d'information sur la paix et la sécurité, GRIP), an independent research centre located in Brussels, stated that after the attempted coup on 13 May 2015, the government assigned [translation] "the policing of demonstrations [of those opposing President Nkurunziza's remaining in power] to […] the army and not to the police" (GRIP 21 May 2015, 2). Similarly, Agence France-Presse (AFP) states that

[translation]

[s]everal hundred opponents of the Burundian President Pierre Nkurunziza tried to protest on Monday [18 May 2015] in Bujumbura, and were sometimes contained with difficulty by the army, which was deployed for the first time to maintain order in the streets, in place of the police (AFP 18 May 2015).

With respect to the role of the SNR in maintaining public order, the Political Analyst states that, in compliance with legislation, this service may arrest individuals for violating public order, process their files and send those files to the public ministry, which is in charge of the judicial proceeding (12 Oct. 2015). Country Reports on Human Rights Practices for 2014, published by the United States Department of State indicates that [US English version] "[t]he SNR, which reports directly to the president, has arrest and detention authority." (US 25 June 2015, 5).

2. Structure

Decree No. 100/298 of 21 November 2011 Organizing the Ministry of Public Security (Décret nº 100/298 du 21 novembre 2011 portant organisation du ministère de la Sécurité publique) in Burundi states the following:

The national police directorate has a centralized and decentralized administration.

The centralized administration is made up of technical offices, general police stations and specialized units.

The decentralized administration is made up of regional police stations, provincial police stations and communal police stations (Burundi 2011, Art. 7).

An undated organization chart of the PNB directorate, posted on the website of the Ministry of Public Security, indicates that Burundi has 17 provincial stations, five regional stations and 129 police positions (ibid. n.d.a). This organization chart is annexed to this Response (annexed document 1).

3. Geographic Distribution

In a report called Burundi 2015 Crime and Safety Report, the United States Overseas Security Advisory Council (OSAC) states that, in Burundi, police presence is concentrated in the urban centres (US 20 Mar. 2015). Similarly, the Political Analyst states that the [translation] "bulk" of the police force personnel is posted in the city of Bujumbura and in the urban centres (12 Oct. 2015). The Burundi Ministry of Public Security's Strategic Plan for 2013-2016 (Plan stratégique du ministère de la Sécurité publique du Burundi pour 2013-2016), states that the police stations are distributed throughout the country and that the majority of them [translation] "have infrastructure that is more or less deteriorated" (Burundi n.d.b, 28).

4. Reputation

According to Country Reports 2014, [US English version] "the [police] are widely perceived by local citizens as corrupt, including taking bribes, and are often implicated in criminal activity" (US 25 June 2015, 56). In its Study on the Perceptions of Security Needs in Burundi (Étude sur les perceptions des besoins de sécurité au Burundi [1]), the Conflict Alert and Prevention Centre (Centre d'alerte et de prévention des conflits, CENAP) [2] notes that [translation] "corruptibility," "lack of discipline of some of its agents," and "poor political neutrality" were the main negative criticisms expressed by the citizens who were asked about the PNB (CENAP 2014, 7). The research network Afrobaromètre [3] states that, based on an opinion survey conducted in 2014 of 1,200 Burundian citizens, the police is considered to be one of the most corrupt public sectors, with eight respondents out of 10 stating that [translation] "all" of its members, "the majority" or "some" of its members are involved in corruption (Afrobaromètre 12 July 2015, 1, 4).

However, the CENAP survey also shows that between 53.5 and 82.6 percent of people asked (based on their level of education, gender and place of residence) stated that they had [translation] "confidence" in the PNB; 67.3 percent stated that the PNB treated them with respect, and 64.8 percent stated that the PNB was disciplined (CENAP 2014, 6063). The respondents living in the provinces showed more confidence in the PNB than the respondents living in the capital, at 72.5 percent versus 58.4 percent, respectively (ibid., 60).

In an article on the reaction of the police and the army to the April 2015 demonstrations against the candidacy of Pierre Nkurunziza in the presidential election, AFP notes that the police [translation] "are perceived as subservient to authority" (29 Apr. 2015). Similarly, the French newspaper Le Figaro states in an article on those demonstrations that the police officers are [translation] "considered to support the authority" (5 May 2015). For further information on the effectiveness of the police in Burundi, consult Response to Information Request BDI105087.

5. Police Equipment

5.1 Uniforms, Emblems, Flags

Law No. 1/18 of 31 December 2010 on the Status of Burundi National Police Officers (Loi nº1/18 du 31 décembre 2010 portant statut des officiers de la Police nationale du Burundi) states the following: [translation] "Officers of the national police wear a uniform" (Burundi 2010, Art. 2). Order No. 215/933 of 30 June 2012 on the Review of Ministerial Order No. 530/610 of 29 June 2006 Defining the Dress, Stripes and Equipment of National Police Personnel (Ordonnance n°215/933 du 30 June 2012 portant révision de l'Ordonnance ministérielle n°530/610 du 29 juin 2006 portant définition de la tenue, des galons et des équipements du personnel de la Police nationale) states the following about the uniforms of the PNB members:

Article 2: Dress uniform of national police personnel is as follows:

Office dress,

Intervention dress,

Ceremonial dress,

Protection of institutions dress,

Motorcycle dress,

Band dress,

Inclement weather dress (ibid. 2012a).

Articles 3 to 10 of that same order describe these dress uniforms (ibid.). The Order is annexed to this Response (annexed document 2).

Law No. 1/18 states the following: [translation] "The uniform and the distinct badges worn are set out in the regulations" (ibid. 2010, Art. 2). However, according to the Political Analyst, uniforms were introduced outside of any regulatory framework, including the uniform of the Research and Judicial Intervention Brigade (Brigade de recherche et d'intervention judiciaire, BRIJ) and of the Protection of Institutions unit (Political Analyst 12 Oct. 2015). Amnesty International (AI) notes that the members of the police unit in charge of the Protection of Institutions, mandated to guard institutions, politicians and senior officials, "wear a distinctive spotted blue uniform, which differs from the dark blue uniform worn by other police units" (AI 27 July 2015, 15). The Political Analyst added that some police officers do not comply with the standards order of dress (12 Oct. 2015). Further information on the non-regulatory uniforms in the PNB could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Order No. 215/933 states that the dress uniform of PNB members must include the following:

Beret[;]

Cap;

Hat;

Pin;

Crest;

Pocket badge;

Beret badge;

Collar pin for ceremonial dress;

Identification badge;

Police badge;

Brooch;

Shoulder strap;

Honourary distinctions (Burundi 2012a, Art. 11).

A description of these accoutrements is provided at articles 12-22 of this Order (annexed document 2).

5.2 Vehicles

Information on the vehicles used by the PNB was scarce among the sources consulted by the Research Directorate within the time constraints.

Amnesty International states that the Embassy of the Netherlands provided 24 trucks to the Burundian police (27 July 2015, 38).

The Law No. 1/026 of 23 November 2012 on the Traffic Code (Loi n° 1/026 du 23 novembre 2012 portant code de la circulation routière) in Burundi states that the vehicle licence plates of the PNB must contain:

[translation]

an orange background for both the front and back plates, with the letters and numbers in black in the middle of the plates, and the letters BU below the national flag in the left corner and the letters PN in the right corner (Burundi 2012b, Art. 22).

5.3 Carrying Weapons

Article 25 of Order No. 215/933 of 30 June 2012 on the Review of Ministerial Order No. 530/610 of 29 June 2006 Defining the Dress, Stripes and Equipment of National Police Personnel states the following: [translation] "All police officials receive" equipment that includes a handgun (ibid. 2012a). A handgun is a [translation] "firearm designed to be held in one hand[,] that is, a revolver or a pistol," based on the definition that appears in a lexicon attached to a report on armed violence in Burundi, published in 2014 by the Burundi Permanent National Commission for the Fight Against the Proliferation of Small Arms and Light Weapons (Commission nationale permanente de lutte contre la prolifération des armes légères et de petit calibre) (ibid. 2014, 20). However, Burundi's Ministry of Public Security's Strategic Plan for 2013-2016 states that

[translation]

[a] large number of the members of the Burundi National Police have a military background or are from highly militarized forces. This characteristic is very visible, especially in their use of weapons […].

[T]he weapons used now by the Burundi National Police are weapons of warfare that are incompatible with the community policing vision (ibid. n.d.b, 38-39).

Amnesty International states that "[t]he Burundian police's standard weapon is a Kalashnikov-type assault rifle" (27 July 2015, 39). Similarly, the CENAP states in its 2014 study that the members of the PNB are armed with Kalashnikov assault rifles and that this was also the case in their previous study in 2012 (2014, 79-80). An AFP dispatch states that some police officers who confronted the protestors opposed to the candidacy of Pierre Nkurunziza at the presidential election were armed with AK-47 assault rifles (AFP 8 May 2015).

5.4 Use of Force by Members of the PNB

Articles 81 to 87 of Order No. 215/891 of 09 July 2009 on the Code of Conduct of the Burundi National Police (Ordonnance n° 215/891 du 09 juillet 2009 portant code de déontologie de la Police nationale du Burundi), state the following about the use of firearms by the members of the PNB:

[translation]

Article 81 No national police officer may inflict, provoke or tolerate an act of torture or any other punishment or ill treatment. They may not invoke an order from their superiors or exceptional circumstances such as state or threat of insecurity, interior political instability or any other public emergency to justify such acts.

Article 82 In carrying out their missions, the members of the national police will resort as much as possible to non-violent measures before using firearms. They may only use firearms if the other measures are ignored or do not achieve the expected outcome.

Article 83 Weapons are not used until a warning sign is given verbally or by any other means available, including by a warning shot, unless it compromises the success of the operation. In those cases, firearms can only be used in compliance with the instructions given and under the responsibility of an officer in charge.

Article 84 In carrying out their duties, members of the national police may only use firearms against persons in the following cases:

in self-defence;

against criminals who have a firearm ready to use against people;

when they cannot otherwise defend people, stations, the transportation of dangerous objects or other items under their protection.

Article 85 In exceptional cases where the legitimate use of firearms becomes inevitable, chiefs will:

use them in moderation, and their action will be proportional to the severity of the offence and the legitimate objective to be achieved;

aim to cause minimal damage to human life;

ensure that assistance and medical care will be provided as quickly as possible to any injured or otherwise affected person;

ensure that the family or individuals close to the injured or otherwise affected person are contacted as quickly as possible.

Article 86 When the use of force or of firearms by members of the national police has led to serious injuries, those in charge will present an incident report to their superiors immediately. An inquiry will be launched immediately and a detailed report will be sent to the administrative and judicial authorities concerned. The police authorities will ensure that legal proceedings will be launched against any improper use of force or firearms.

Article 87 Police officers shall disperse illegal but non-violent rallies without using force and by using dialogue and persuasion. However, when that is not possible, they will limit the use of force to the minimum required.

No circumstance may be invoked by a member of the national police to justify any deviation from these basic principles.

Any use of force is preceded by a warning given at least three times in a language that is understandable by the demonstrators (Burundi 2009).

However, in a survey in Burundi in May and June 2015 within the context of the demonstrations against the candidacy of Pierre Nkurunziza to the presidential election, Amnesty International stated:

On the basis of interviews with eyewitnesses and video footage, Amnesty international found that the police did not use a differentiated and proportionate response to the demonstrators. As the protests broke out on 26 April, the police used live ammunition to respond to demonstrators throwing stones at them. [...] [T]he police often shot at unarmed demonstrators who were running away from them (AI 27 July 2015, 5, 22).

Similarly, based on testimonies concerning those same demonstrations, Human Rights Watch points out that the police, which [Human Rights Watch English version] "used excessive force", "shot and beat[] people, in some cases when they posed no apparent threat" (29 May 2015).

The Belgian news agency Belga states that, in October 2015, Godefroid Bizimana, the Deputy Director-General of the PNB, was subject to sanctions by the European Union (EU) for his role in [translation] "repressing the demonstrators" opposed to the candidacy of the Burundian president at the presidential election (Belga 1 Oct. 2015). The sanctions consist of [translation "restrictions on his movements and an assets freeze" (ibid.). An annex to Council Regulation (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi, as published in the Official Journal of the European Union, states that Godefroid Bizimana is sanctioned on the grounds that he is

[EU English version]

responsible for undermining democracy by making operational decisions that have led to a disproportionate use of force and acts of violent repression towards peaceful demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza (EU 2 Oct. 2015, 8).

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] This study by CENAP, conducted between April and June 2014 for the Office of the Ombudsman in Burundi, includes a quantitative survey of 1,949 respondents from 56 different communes in Burundi (out of 129 in the country), and a qualitative survey conducted through 20 interviews and 20 discussion groups (CENAP 2014, 1, 10, 12).

[2] CENAP is a Burundian non-partisan NGO dedicated to mitigating conflict in Burundi through research, mediation and conflict resolution (Insight on Conflict n.d.).

[3] Afrobaromètre is a research network that conducts public opinion surveys on economics, security and good governance in over 30 countries in Africa (Afrobaromètre 12 July 2015, 1).

References

Afrobaromètre. 12 July 2015. Christophe Sebudandi. Au Burundi, la corruption augmente et touche tous les secteurs. Dispatch No. 38. [Accessed 8 Oct. 2015]

Agence France-Presse (AFP). 18 May 2015. "Burundi : l'armée à la peine dans la rue pour contenir les manifestants." [Accessed 21 Oct. 2015]

_____. 8 May 2015. Aude Genet. "Burundi's Army Walks Thin Line As Crisis Deepens." [Accessed 8 Oct. 2015]

_____. 29 April 2015. "Burundi : Dans un quartier de Bujumbura, l'armée s'interpose entre policiers et manifestants." [Accessed 8 Oct. 2015]

Amnesty International (AI). 27 July 2015. Braving Bullets: Excessive Force in Policing Demonstrations in Burundi. (AFR 16/2100/2015) [Accessed 7 Oct. 2015]

Belga. 1 October 2015. "Burundi : L'UE adopte des sanctions contre 4 personnes impliquées dans la répression." [Accessed 15 Oct. 2015]

Burundi. 2014. Commission nationale permanente de lutte contre la prolifération des armes légères et de petit calibre (CNAP). Rapport de l'observatoire de la violence armée au Burundi. [Accessed 13 Oct. 2015]

_____. 2012a. Ministère de la Sécurité publique. Ordonnance n°215/933 du 30 June 2012 portant révision de l'Ordonnance ministérielle n°530/610 du 29 June 2006 portant définition de la tenue, des galons et des équipements du personnel de la Police nationale. [Accessed 9 Oct. 2015]

_____. 2012b. Loi n° 1/026 du 23 novembre 2012 portant code de la circulation routière. [Accessed 9 Oct. 2015]

_____ . 2011. Décret nº 100/298 du 21 novembre 2011 portant organisation du ministère de la Sécurité publique. [Accessed 13 Oct. 2015]

_____. 2010. Loi n°1/18 du 31 décembre 2010 portant statut des officiers de la police nationale du Burundi. [Accessed 13 Oct. 2015]

_____. 2009. Ministère de la Sécurité publique. Ordonnance n° 215/891 du 09 juillet 2009 portant code de déontologie de la Police nationale du Burundi. [Accessed 8 Oct. 2015]

_____. 2004. Loi nº1/023 du 31 décembre 2004 portant création, organisation, missions, composition et fonctionnement de la police nationale. [Accessed 8 Oct. 2015]

_____. N.d.a. Ministère de la Sécurité publique. Structure de la DG PNB. [Accessed 7 Oct. 2015]

_____. N.d.b. Ministère de la Sécurité publique. Plan stratégique du ministère de la Sécurité publique 2013-2016. [Accessed 8 Oct. 2015]

Centre d'alerte et de prévention des conflits (CENAP). 2014. Étude sur les perceptions des besoins de sécurité au Burundi. [Accessed 8 Oct. 2015]

European Union (EU). 2 October 2015. Règlement (UE) 2015/1755 du Conseil du 1er octobre 2015 concernant des mesures restrictives en raison de la situation au Burundi. Journal officiel de l'Union européenne. [Accessed 15 Oct. 2015]

Le Figaro. 5 May 2015. Tanguy Berthemet. "Au Burundi, la crise politique divise les forces de sécurité." [Accessed 9 Oct. 2015]

Groupe de recherche et d'information sur la paix et la sécurité (GRIP). 21 May 2015. Agathe Plauchut. "Burundi : les conséquences d'un coup d'État manqué." [Accessed 7 Oct. 2015]

Human Rights Watch. 29 May 2015. Burundi : riposte meurtrière par la police aux manifestations. [Accessed 14 Oct. 2015]

Insight on Conflict. N.d. "Conflict Alert and Prevention Centre (CENAP)." [Accessed 8 Oct. 2015]

Political Analyst, Université du lac Tanganyika, Burundi. 12 October 2015. Correspondence sent to the Research Directorate.

United States (US). 25 June 2015. Department of State. "Rapport 2014 sur les droits de l'homme : Burundi" (translated version of "Burundi"). Country Reports on Human Rights Practices for 2014. [Accessed 7 Oct. 2015]

_____. 20 March 2015. Department of State, Overseas Security Advisory Council (OSAC). Burundi 2015 Crime and Safety Report. [Accessed 9 Oct. 2015]

Additional Sources Consulted

Oral sources: Researcher, Institute of Strategic Studies, Nairobi; Researcher, issues of peacekeeping and reform in the security sector in Central Africa; Research Officer, Groupe de recherche et d'information sur la paix et la sécurité; Research Officer, Institut de recherche pour le développement, France; Senior Researcher, Center for International Policy, Washington, DC.

Internet sites, including: AllAfrica; Association burundaise pour la protection des droits humains et des personnes détenues; Belgium - Agence belge de développement; Bujumbura News; Burundi - Assemblée nationale, ministère des Finances, portail des marchés publics du Burundi, Sénat; Burundi-Agnews; Centre d'études stratégiques de l'Afrique; Factiva; Freedom House; Groupe de recherche et d'information sur la paix et la sécurité; International Crisis Group; IRIN; Iwacu; Observatoire des Grands Lacs en Afrique; Organisation internationale de la francophonie; Réseau africain francophone sur les armes légères; Small Arms Survey; United Nations - Office of the High Commissioner for Human Rights, United Nations Development Programme, Refworld; United States - Department of State.

Attachments

1. Burundi. N.d. Ministère de la Sécurité publique. Structure de la DG PNB. [Accessed 7 Oct. 2015]

2. Burundi. 2012. Ordonnance n°215/933 du 30 June 2012 portant révision de l'Ordonnance ministérielle n°530/610 du 29 June 2006 portant définition de la tenue, des galons et des équipements du personnel de la Police nationale. [Accessed 9 Oct. 2015]