BURUNDI

CASE N° BDI/01 - Sylvestre Mfayokurera
CASE N° BDI/05 - Innocent Ndikumana
CASE N° BDI/06 - Gérard Gahungu
CASE N° BDI/07 - Bibiane Ntamutumba
CASE N° BDI/29 - Paul Sirahenda
CASE N° BDI/35 - Gabriel Gisabwamana

CASE N° BDI/02 - N. Ndihokubwayo CASE N° BDI/03 - L. Ntibayazi CASE N° BDI/08 - A. Nahindavyi Ndanga CASE N° BDI/11 - I. Bapfeguhita CASE N° BDI/12 - P. Nizigire CASE N° BDI/15 - J. Ndenzako CASE N° BDI/16 - D. Serwenda CASE N° BDI/17 - A. Ntirandekura CASE N° BDI/19 - T. Sibomana

CASE N° BDI/09 - I. Kubwayo CASE N° BDI/21 - S. Murekambanze CASE N° BDI/22 - G. Nduwimana CASE N° BDI/23 - C. Manirambona CASE N° BDI/24 - S. Ntakhomenyereye CASE N° BDI/28 - C. Bucumi CASE N° BDI/30 - A. Kirara CASE N° BDI/31 - J.-P. Ntimpirongrea

CASE N° BDI/26 - Nephtali Ndikumana
CASE N° BDI/33 - Augustin Nzojibwami

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 166th session (Amman, 6 May 2000)

The Inter-Parliamentary Council,

Referring to the outline of the case of the above-mentioned parliamentarians of Burundi, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/166/16(c)­R.1), and to the relevant resolution adopted at its 165th session (October 1999),

Having before it the case of Mr. Gabriel Gisabwamana, an incumbent member of the National Assembly who belonged to the FRODEBU opposition party, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the “Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians”,

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/166/16(c)-R.1), which contains a detailed outline of the case,

Taking also into account information supplied by the Burundi delegation to a Committee member on the occasion of the 103rd Conference (April/May 2000),

Noting that Mr. Gisabwamana was shot dead by a member of the armed forces in Bujumbura on 20 December 1999 at about 10 p.m.; the commission of inquiry set up by the Prosecutor General concluded that Mr. Gisabwamana had been killed by a member of the armed forces as he attempted to flee after a group of four persons including himself had been challenged by a military patrol; a judicial inquiry has reportedly been opened,

Recalling that Mr. Mfayokurera, Mr. Ndikumana, Mr. Gahungu and Ms. Ntamutumba, all of whom were elected in 1993 on a FRODEBU ticket, were assassinated on 20 August 1994, 16 December 1995 and in April and May 1996, respectively; also recalling the failed attempts on the lives of Mr. Ndihokubwayo and Mr. Ntibayazi in September 1994 and February 1995, respectively; recalling further the “disappearance” on 1 August 1997 of Deputy Sirahenda, who, according to eyewitness reports, was abducted by military personnel in the market town of Mutobo and taken to Mabanda camp, where he is alleged to have been extrajudicially executed,

Noting further that, according to the Burundi delegation, Mr. Ndanga returned to Burundi and has resumed his parliamentary activities; that Mr. Bapfeguhita, Mr. Ndenzako and Mr. Serwenda died in exile; that Mr. Ntirandekura returned to Burundi without, however, taking up his seat; that Mr. Kubwayo, Mr. Sibomana, Mr. Murekambanze, Mr. Nduwimana, Mr. Manirambona, Mr. Ntakhomenyereye, Mr. Bucumi, Mr. Kirara and Mr. Ntimpirongrea are still in exile,

Recalling that Mr. Ndikumana was found guilty in absentia on 7 March 1997 of incitement to ethnic hatred for having, in May 1994, made a statement on behalf of his party alleging massacres and ethnic cleansing of FRODEBU supporters; recalling in this connection that the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions denounced alleged violations of human rights by the army in his report to the 52nd session of the United Nations Commission on Human Rights,

Recalling that, according to information supplied earlier by the President of the National Assembly, three cases were pending against Mr. Nzojibwami, Second Vice-President of the National Assembly; that he was reportedly sentenced in one case and acquitted in two others,

Bearing in mind that, under the “Agreement on the Political Platform of the Transition Regime” and the “Constitutional Act of Transition” of 6 June 1998, the transitional institutions are assigned, in particular, the task of combating impunity for crimes and promoting equitable and reconciliatory justice; mindful in this connection of the resolution adopted by the United Nations Commission on Human Rights at its 56th session (March/April 2000) in which it requests the Government of Burundi to put an end to impunity,

1. Thanks the Burundi delegation for the information provided;
2. Is dismayed at Mr. Gisabwamana's murder, and takes note with satisfaction of the work of the special commission; trusts that judicial proceedings will be swiftly instituted and justice dispensed;
3. Regrets that it has received no information on the other cases of murder or attacks against the MPs concerned, and again reiterates its request for information as to the stage reached in the relevant investigations;
4. Recalls yet again that the fight against impunity is a prerequisite for full restoration of the rule of law and respect for human rights in the country;
5. Reiterates it wish to ascertain whether Parliament could contemplate granting an amnesty for cases such as that of Mr. Ndikumana;
6. Would appreciate confirmation that no further judicial proceedings are pending against Mr. Nzojibwami;
7. Notes that Mr. Ndanga returned to the country and has resumed his parliamentary activities; consequently decides to close his case;
8. Notes that Mr. Kubwayo, Mr. Sibomana, Mr. Murekambanze, Mr. Nduwimana, Mr. Manirambona, Mr. Ntakhomenyereye, Mr. Bucumi, Mr. Kirara and Mr. Ntimpirongrea have chosen to remain in exile; notes further that Mr. Bapfeguhita, Mr. Ndenzako and Mr. Serwenda died in exile, reportedly in refugee camps; decides to close the case regarding them, while regretting that they were forced into exile by the 1996 coup d'état and the ensuing threat to their lives;
9. Requests the Secretary General to communicate this decision to the competent authorities, inviting them to provide the desired information;
10. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (October 2000).

Note: you can download a complete electronic version of the brochure "Results of the 103rd Conference and related meetings of the Inter-Parliamentary Union" in PDF format (file size approximately 410K). This version requires Adobe Acrobat Reader, which you can download free of charge.