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BURUNDI
CASE N° BDI/01 - S. MFAYOKURERA
CASE N° BDI/05 - I. NDIKUMANA
CASE N° BDI/06 - G. GAHUNGU
CASE N° BDI/07 - L. NTAMUTUMBA
CASE N° BDI/29 - P. SIRAHENDA
CASE N° BDI/35 - G. GISABWAMANA

Resolution adopted unanimously by the IPU Governing Council at its 180th session
(Nusa Dua, Bali, 4 May 2007)


The Governing Council of the Inter-Parliamentary Union,

Referring to the case of the above-mentioned Burundian parliamentarians, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/180/12(b)-R.1), and to the resolution adopted at its 179th session (October 2006),

Taking account of the information provided by the Speaker of the Senate and Mr. Ndihokubwayo, a member of the Burundian delegation, at the hearing held on the occasion of the 116th IPU Assembly,

Recalling that the parliamentarians concerned were killed in 1994, 1995, 1996, 1997 and 1999 against the background of a sustained period of internal conflict that affected Burundi; that only in the case of Mr. Gisabwamana was the perpetrator - a military officer - identified and brought to justice, although the victim's family has received no reparation,

Recalling that the National Assembly set up a parliamentary working group to continue the work of its predecessor set up in 2003, with a view to examining, together with the competent authorities, cases of human rights violations affecting members of the parliament of Burundi, including how best to reactivate the investigation into the cases in question,

Taking account of the minutes of the first meeting of the new working group, which was held on 26 October 2006, as transmitted by the parliamentary authorities and the Secretary of the group,

Considering that, according to those minutes, the group established the following strategies: (i) to ask the Public Prosecutor's Office to reopen the files in order to avoid the statute of limitations, the expiry date being seven years after termination of the proceedings; (ii) to ask the Ministry of Justice to assign the magistrates to the cases, given that most of the examining magistrates had changed positions; (iii) to ensure that the old files were not overshadowed by more recent cases; (iv) to approach the victims' families and the families' friends in order to obtain key information from reliable sources; the group concluded by recommending that the Chairperson request an appointment with the Minister of Justice for a first working session,

Considering that since then the working group has been unable to make progress following a change of leadership in the ruling party, which produced a change of composition of the National Assembly's Bureau whereby the Chairperson of the working group became President of the National Assembly; that, in his new capacity, the President of the National Assembly remains committed to helping the working group to carry out its mandate, and intends to ensure that, once parliament convenes again in June 2007, the group will have a new Chairperson and receive all the documents needed,
Considering that local reconciliation initiatives are well under way and that negotiations between the Burundian authorities and the United Nations are still pending on the establishment of the National Truth and Reconciliation Commission and the Special Criminal Chamber as part of the Burundian judicial system, and on their precise relationship and powers,

  1. Thanks the President of the Senate for his cooperation and the valuable information he provided;

  2. Recognizes that the murders of the parliamentarians took place in a general context of violent conflict which took many lives and that the Burundian authorities face daunting challenges in healing the wounds of the past and fostering reconciliation;

  3. Appreciates the express commitment of the authorities to firmly basing their efforts in this regard on the principles of truth and justice;

  4. Trusts that the National Truth and Reconciliation Commission and the Special Criminal Chamber will be established in due course and start their mission in the pursuit of truth and justice; would appreciate being kept informed of any developments in this regard;

  5. Is convinced that the parliamentary working group can be of great assistance in paving the way for the work of these institutions in the cases on hand; is pleased that the parliamentary authorities intend to provide it with all the necessary assistance and support so that it can soon become fully effective; trusts that the working group will shortly meet the Minister of Justice to discuss and further the implementation of the proposed strategies; would appreciate being kept informed in this regard;

  6. Requests the Secretary General to inform the parliamentary authorities and the sources accordingly;

  7. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 117th Assembly (October 2007).
Note: you can download a complete electronic version of the brochure "Results of the 116th IPU Assembly and related meetings in PDF format (file size 511K approximately ). This version requires Adobe Acrobat Reader, which you can download free of charge.Get Acrobat Reader

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