PLACE DU PETIT-SACONNEX
1211 GENEVA 19, SWITZERLAND
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BURUNDI
CASE N° BDI/01 - SYLVESTRE MFAYOKURERA
CASE N° BDI/32 - LEONCE NGENDAKUMANA
Resolution adopted without a vote by the Inter-Parliamentary
Council at its 161st session
Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/161/10(a)-R.1), and to the resolution adopted at its 160th session (April 1997) concerning the above parliamentarians, Taking into consideration the information provided by the sources on 9 and 23 July and 3 August 1997, Recalling that the military coup d'Etat of 25 July 1996 placed Major Pierre Buyoya, who had lost the 1993 elections, at the head of the State; that he deposed President Sylvestre Ntibantunganya and suspended the Constitution, the political parties and the National Assembly, Recalling that, by virtue of Decree-Law N° 1/001/96 of 13 September 1996 establishing the institutional system of transition, the National Assembly was re-established; that, however, its powers have been considerably curtailed and that it has been unable to function in the prevailing circumstances, Bearing in mind in this connection that, in his report to the 53rd session of the Commission on Human Rights (E/CN. 4/1997/12) dated 10 February 1997, the United Nations Special Rapporteur on the human rights situation in Burundi stated that " Parliament has so far been unable to take a decision on any of the urgent problems undermining the country " and that " to date the transitional authorities have not been able to guarantee the inviolability of members of parliament, or prevent violations of their safety or that of their families ", Considering that on 1 August 1997 Mr. Sirahenda, who was among those having recently returned to Burundi from exile in Tanzania, travelled to Kigoma in Tanzania where he was going to visit his family; that, upon arriving at the Mabanda Police Station, he duly had his travel papers stamped to cross the border at Mugina; that, however, for security reasons, he changed his itinerary and passed by the market town of Mutobo where his car was reportedly intercepted by a military jeep from Mabanda camp; that he was reportedly taken to that camp and extrajudicially executed; that his driver, Mr. Hamissi Ndimurukundo, is reported to have been made to drive to a military post in Musongati; that he was not seen although the burnt-out car was found abandoned in the area, Considering also that, according to the source, the media reported that Mr. Sirahenda had been killed by unknown criminals and the authorities affirmed - contrary to all the evidence - that Mr. Sirahenda had not been seen in the province in question, Recalling that Mr. Mfayokurera, Mr. Ndikumana, Mr. Gahungu and Ms. Ntamutumba, who were all elected in 1993 on a FRODEBU ticket, were assassinated on 20 August 1994, 16 December 1995 and in April and May 1996, respectively, and that no serious investigations and, in the case of Ms. Ntamutumba, no investigation at all into these crimes have been undertaken, thus guaranteeing the attackers total impunity, Recalling also that no serious investigation has been conducted into the attempts on the lives of Mr. Ndihokubwayo, Mr. Banvuginyunvira and Mr. Ntibayazi of September 1994, February 1995 and September 1995, respectively, Bearing in mind that, according to the sources, a pattern of human rights violations - killings, arrest and harassment - of FRODEBU officials has developed and that 22 senior FRODEBU officials have been killed since 1993, Recalling that, according to Article 2 of Decree N° 100/23 of 13 September 1996, one of the priority objectives of the institutions of transition is to combat impunity for crimes, Recalling that politically motivated judicial proceedings may reportedly still be under way against Mr. Ngendakumana, President of the National Assembly, and Mr. Nzojibwami, Vice-President of the SAHWANYA-FRODEBU Party, Considering that charges were brought against exiled Assembly members, in particular Mr. Ndikumana, who, according to one of the sources, stands accused of having denounced army exactions in the Kamenge, Cibitoke and Kinama districts in March and April 1995; that he is therefore afraid of returning to his country, Recalling that Mr. Munyembari, Vice-President of the National Assembly, was accused of distributing weapons in his province after the assassination of President Ndadaye in October 1993; considering that the charges held against him were dropped for lack of evidence, Recalling that the other persons named above are all members of the National Assembly elected in 1993 on a FRODEBU ticket, most of whom were forced into exile following the coup d'Etat of 25 July 1996; that Mr. Bapfeguhita was killed in Zaire (now Democratic Republic of the Congo) and Mr. Serwenda died in February 1997 of an illness resulting from his long stay in refugee camps; that others who had sought shelter in the refugee camps of Zaire have returned to Burundi, Recalling that, in his report to the United Nations Commission on Human Rights, the United Nations Special Rapporteur on the human rights situation in Burundi urged the de facto authorities " to protect the parliamentarians' physical integrity, to halt the criminal proceedings against some of them, to establish the appropriate conditions for the return of parliamentarians exiled in the United Republic of Tanzania, Zaire and Kenya and to ensure that the National Assembly receives the constitutional guarantees it needs in order to sit ", Bearing in mind that peace negotiations involving all parties to the conflict in Burundi have begun under the leadership of former President Nyerere of Tanzania; that, however, the Government of Major Buyoya has refused to participate in the talks held in August 1997 in Arusha, Recalling the resolution it adopted on the occasion of the 97th Inter-Parliamentary Conference (Seoul, April 1997) on the situation of the National Assembly of Burundi, 1. Is alarmed at the " disappearance " of Mr. Sirahenda, which heightens its fears regarding the lack of appropriate measures taken to ensure the safety of members of the National Assembly, in particular those belonging to the FRODEBU party; 2. Urges the authorities in the strongest terms to institute prompt investigations to ascertain the whereabouts of Mr. Sirahenda and his driver and the circumstances of their " disappearance "; 3. Recalls that the authorities have a duty to protect the safety of the members of the National Assembly residing in the country, and to ensure that the MPs who are still in exile may return without any fear for their security and that of their families, and calls on the authorities to take measures to this end without delay; 4. Is concerned at the charges reportedly brought against Mr. Ndikumana, who is in exile; fails to understand how denouncing alleged army exactions can possibly constitute a criminal offence, and desires detailed information in this respect; 5. Deeply regrets the lack of response from the authorities to the repeated requests for information about progress made in the investigations into the murder of Mr. Mfayokurera, Mr. Ndikumana and Mr. Gahungu and into the attacks on Mr. Ndihokubwayo, Mr. Banvuginyunvira and Mr. Ntibayazi, and fears that such lack of response may indicate that the allegations of the sources are indeed true and the parliamentarians concerned have indeed suffered violation of their human rights; 6. Recalls in the strongest terms that it is the duty of every State to guarantee the right to justice and to prosecute and try the perpetrators of criminal acts; also recalls that the transitional authorities themselves have declared the combat against impunity to be a priority, and once again calls on the authorities to comply with their obligations under international and national law and ensure that these crimes do not go unpunished; 7. Notes that the charges against Mr. Munyembari have been dropped for lack of evidence; remains nevertheless concerned at the prosecution of Mr. Ngendakumana and Mr. Nzojibwami, fearing it may be prompted by other than judicial considerations, and joins the United Nations Special Rapporteur in calling for a halt to the proceedings; 8. Deeply regrets that the National Assembly still does not enjoy the guarantees it needs to function properly; also regrets its absence from the peace talks and calls on the authorities to ensure that the representatives of the people of Burundi are included in these talks; 9. Requests the Secretary General to convey these considerations to the authorities, inviting them to provide the requested information and keep the Committee informed of any measures taken to ensure the proper functioning of Parliament and its inclusion in the peace talks; 10. Also requests the Secretary General to maintain contact with the United Nations bodies and commissions dealing with the human rights situation in Burundi; 11. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1998).
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