By Matthew Russell Lee
UNITED NATIONS, July 21 -- As in Burundi the crackdown on those opposing or even questioning a third term for Pierre Nkurunziza continued on the eve of the planned July 21 presidential elections, and the government refused to attend the East African Community mediation sessions, Inner City Press at the UN noon briefing on July 21 asked the UN what it was doing, video here, transcript here:
Inner City Press: in Burundi, there are reports of a number of deaths that have taken place during the day's polling, and I'm wondering, is that something that the UN, either the human rights side or MENUB, can confirm at this time before they issue a written report?
Deputy Spokesman Farhan Haq: I don't have any details to share on that. You've seen the reports, as we all have done. The High Commissioner for Human Rights Office also has staff from four regional offices deployed from Bujumbura, among which are two mobile teams who are working closely with security staff and the UN Electoral Observation Mission. And as I said before you got in, we have teams from the Mission, MENUB, deployed to all of the country’s 18 provinces, and there's a total of 21 teams of 3 observers each being deployed.
Deputy Spokesman Farhan Haq: I don't have any details to share on that. You've seen the reports, as we all have done. The High Commissioner for Human Rights Office also has staff from four regional offices deployed from Bujumbura, among which are two mobile teams who are working closely with security staff and the UN Electoral Observation Mission. And as I said before you got in, we have teams from the Mission, MENUB, deployed to all of the country’s 18 provinces, and there's a total of 21 teams of 3 observers each being deployed.
Earlier on July 21, UK Minister for Africa, Rt Hon Grant Shapps MP, said:
“The Burundian government has failed to ensure the necessary conditions for credible, inclusive and peaceful elections. I therefore do not consider these elections legitimate. Since April, 77 people have been killed and many arrested; over 170,000 Burundians have become refugees and freedom of expression has been curbed. The Burundian government’s refusal to engage in political dialogue has destabilised the country.
“I urge the Burundian government to accept the reality on the ground and to uphold the spirit of the Arusha Agreement. I call for calm and restraint from all sides. Otherwise, the significant progress Burundi has made since the end of the civil war is in danger of being lost.”
“The Burundian government has failed to ensure the necessary conditions for credible, inclusive and peaceful elections. I therefore do not consider these elections legitimate. Since April, 77 people have been killed and many arrested; over 170,000 Burundians have become refugees and freedom of expression has been curbed. The Burundian government’s refusal to engage in political dialogue has destabilised the country.
“I urge the Burundian government to accept the reality on the ground and to uphold the spirit of the Arusha Agreement. I call for calm and restraint from all sides. Otherwise, the significant progress Burundi has made since the end of the civil war is in danger of being lost.”
On July 21, the US State Department issued this statement:
"The United States warns that elections held under the current conditions in Burundi will not be credible and will further discredit the government.
"The legitimacy of the electoral process in Burundi over the past few months has been tainted by the government’s harassment of opposition and civil society members, closing down of media outlets and political space, and intimidation of voters. Dozens have been killed, and as many as 167,000 Burundians are now refugees in neighboring nations.
"The government’s insistence on going forward with Presidential elections on Tuesday risks its legitimacy in the eyes of its citizens and of the international community. More serious is the risk of unraveling the fragile progress made through the implementation of the Arusha Agreement, which states clearly that no Burundi president shall serve more than two terms in office.
"We commend the East African Community and the Government of Uganda for their efforts to encourage political dialogue, and are disappointed that the Government of Burundi has thus far failed to participate in good faith in this dialogue. We are deeply concerned that Foreign Minister Nyamitwe also failed to approve entry for African Union human rights monitors in advance of the election, preventing the multitude of allegations of human rights violations and abuses from being properly investigated.
"We underscore our commitment to helping seek accountability for those who commit or instigate politically-motivated violence and other human rights abuses in Burundi.
"Attempts by the Government of Burundi to deny citizens the ability to choose their leadership freely, without intimidation and threat of violence, will force the United States to carefully review all aspects of our partnership not yet suspended, including the imposition of visa restrictions on those responsible for -- or complicit in -- promoting instability in Burundi through violence.
"We strongly urge all parties to recommit themselves to upholding the Arusha Agreement and its power-sharing arrangement, the cornerstone of peace and security over the past decade in Burundi."
"The legitimacy of the electoral process in Burundi over the past few months has been tainted by the government’s harassment of opposition and civil society members, closing down of media outlets and political space, and intimidation of voters. Dozens have been killed, and as many as 167,000 Burundians are now refugees in neighboring nations.
"The government’s insistence on going forward with Presidential elections on Tuesday risks its legitimacy in the eyes of its citizens and of the international community. More serious is the risk of unraveling the fragile progress made through the implementation of the Arusha Agreement, which states clearly that no Burundi president shall serve more than two terms in office.
"We commend the East African Community and the Government of Uganda for their efforts to encourage political dialogue, and are disappointed that the Government of Burundi has thus far failed to participate in good faith in this dialogue. We are deeply concerned that Foreign Minister Nyamitwe also failed to approve entry for African Union human rights monitors in advance of the election, preventing the multitude of allegations of human rights violations and abuses from being properly investigated.
"We underscore our commitment to helping seek accountability for those who commit or instigate politically-motivated violence and other human rights abuses in Burundi.
"Attempts by the Government of Burundi to deny citizens the ability to choose their leadership freely, without intimidation and threat of violence, will force the United States to carefully review all aspects of our partnership not yet suspended, including the imposition of visa restrictions on those responsible for -- or complicit in -- promoting instability in Burundi through violence.
"We strongly urge all parties to recommit themselves to upholding the Arusha Agreement and its power-sharing arrangement, the cornerstone of peace and security over the past decade in Burundi."
But no one in the UN Security Council, where France holds the pen on Burundi, even asked for a meeting or briefing in the days before the election.
On the night of July 20, UN Secretary General Ban Ki-moon issued this statement:
"The Secretary-General takes note of the indefinite suspension of the inter-Burundian dialogue that started on 14 July 2015 under the facilitation of Uganda pursuant to the recommendations of the Summit of the East African Community (EAC) of 6 July 2015. He commends the efforts of President Yoweri Museveni of Uganda and of the East African Community (EAC) and calls on all organizations and Burundi’s partners to work together to help Burundians resolve their differences peacefully.
"The Secretary-General notes that the suspension of the dialogue took place without agreement being reached on a range of issues that would have contributed to the creation of a climate conducive to the holding of credible and peaceful elections, as contained in the relevant recommendations of the EAC and the African Union.
"In this worrisome context, and following the decision of the Burundian government to hold the presidential election on 21 July, the Secretary-General calls on the authorities to do all in their power to ensure security and a peaceful atmosphere during the election. He further calls on all parties to refrain from any acts of violence that could compromise the stability of Burundi and the region.
"The Secretary-General reiterates his appeal for the resumption of a frank dialogue among all parties and urges them to avoid undermining the progress achieved in building democracy since the signing of the Arusha Agreements.
"The Secretary-General recalls that the United Nations Electoral Observation Mission, in accordance with its Security Council mandate to observe the electoral process before, during and after the elections, continues to undertake this task and has deployed observers countrywide to that effect. He calls on all parties to facilitate their work and calls, in particular, on the government to ensure their security."
"The Secretary-General notes that the suspension of the dialogue took place without agreement being reached on a range of issues that would have contributed to the creation of a climate conducive to the holding of credible and peaceful elections, as contained in the relevant recommendations of the EAC and the African Union.
"In this worrisome context, and following the decision of the Burundian government to hold the presidential election on 21 July, the Secretary-General calls on the authorities to do all in their power to ensure security and a peaceful atmosphere during the election. He further calls on all parties to refrain from any acts of violence that could compromise the stability of Burundi and the region.
"The Secretary-General reiterates his appeal for the resumption of a frank dialogue among all parties and urges them to avoid undermining the progress achieved in building democracy since the signing of the Arusha Agreements.
"The Secretary-General recalls that the United Nations Electoral Observation Mission, in accordance with its Security Council mandate to observe the electoral process before, during and after the elections, continues to undertake this task and has deployed observers countrywide to that effect. He calls on all parties to facilitate their work and calls, in particular, on the government to ensure their security."
Before 5 pm on July 2 Inner City Press asked the UN Security Council president if any Council member asked for a meeting or statement.
"No one has," UNSC president Gerard von Bohemen of New Zealand told Inner City Press.
At the July 20 noon briefing, Inner City Press asked UN deputy spokesperson Farhan Haq:
Inner City Press: I wanted to ask you about Burundi. Tomorrow, it’s slated to be the presidential election with the controversial third term, and the Government has stopped attending the "mediation" or facilitation sessions sponsored by Uganda. So, what is the UN… I know that you were deferring to that mediation, but now it's, they say, adjourned, but it seems like the Government's not participating. What does the UN plan to do and what report do you have on violence, including repeated reported shelling today in Bujumbura?
Deputy Spokesman Haq: At this stage, regarding the violence, our Electoral Mission, MENUB, is working to get an assessment of the conditions. It will have an assessment of the election whenever it happens, which it will then share with the Security Council. And we would try to provide details with you of what the electoral mission's assessment is, once we receive that. Regarding the political process, the United Nations wasn't involved in the process that was taking place over the weekend. We are aware of the reports concerning the failure of the Government side to attend the talks. Of course, we are supportive of the efforts by the facilitation under the facilitator that had been designated, President [Yoweri] Museveni, to try to bring the sides together, and we hope that that process can succeed. Meanwhile, we're monitoring the situation on the ground, and we'll issue any further statements including, like I said, the assessment, as circumstances warrant.
Inner City Press: This MENUB mission, there seem to be different understandings or reports from Burundi. How many people are actually out… will actually be out tomorrow observing election places?
Deputy Spokesman: Well, like I said, once the Election Day occurs, we'll get some details from the Mission about its presence and its work. But, at this stage, the basic point is it has a clear Security Council mandate to report back to the Council, and that's what it's going to do.
Deputy Spokesman Haq: At this stage, regarding the violence, our Electoral Mission, MENUB, is working to get an assessment of the conditions. It will have an assessment of the election whenever it happens, which it will then share with the Security Council. And we would try to provide details with you of what the electoral mission's assessment is, once we receive that. Regarding the political process, the United Nations wasn't involved in the process that was taking place over the weekend. We are aware of the reports concerning the failure of the Government side to attend the talks. Of course, we are supportive of the efforts by the facilitation under the facilitator that had been designated, President [Yoweri] Museveni, to try to bring the sides together, and we hope that that process can succeed. Meanwhile, we're monitoring the situation on the ground, and we'll issue any further statements including, like I said, the assessment, as circumstances warrant.
Inner City Press: This MENUB mission, there seem to be different understandings or reports from Burundi. How many people are actually out… will actually be out tomorrow observing election places?
Deputy Spokesman: Well, like I said, once the Election Day occurs, we'll get some details from the Mission about its presence and its work. But, at this stage, the basic point is it has a clear Security Council mandate to report back to the Council, and that's what it's going to do.
Back on July 16, a group of UN experts -- independent, to be sure -- issued a call for action by the UN Security Council, where the "penholder" on Burundi has been notably quiet.
Later on July 16, Inner City Press asked Ban's spokesman Stephane Dujarric:
Inner City Press: on Burundi, I assume that you've seen this… the group of six UN independent Special Rapporteurs have called for greater action to prevent atrocities in the country. They specifically talk about the role of the Security Council that hasn't met for a week on this and that the elections are now right around the corner. Has the D… has DPA asked to meet with the Security Council, asked to provide any information? What's the UN doing as [Yoweri] Museveni has left? What's…
Spokesman: It's a situation where we're continuing… continuing to watch both on the ground through our presence there. Our colleagues here are monitoring the situation closely. What the Security Council intends to do, that is up to the Security Council to decide.
Inner City Press: But I guess what I'm saying is under this supposed [Human] Rights up Front policy, the idea would be, like, when the DPA thinks that atrocities could take place, they ask to meet with the Security Council or they…
Spokesman: Listen, I think we've… the situation… the very unstable situation in Burundi continues to be of concern to us. We flagged it here from this podium. The Secretary-General and others have been involved in talking to people on the phone. We're continuing to watch it, and if we have more to say…
Inner City Press: I know I'd asked you this before, but when is the… has the Secretary-General sought to speak to President [Pierre] Nkurunziza during any of these many weeks and months?
Spokesman Dujarric: I have no updates on his contacts.
Spokesman: It's a situation where we're continuing… continuing to watch both on the ground through our presence there. Our colleagues here are monitoring the situation closely. What the Security Council intends to do, that is up to the Security Council to decide.
Inner City Press: But I guess what I'm saying is under this supposed [Human] Rights up Front policy, the idea would be, like, when the DPA thinks that atrocities could take place, they ask to meet with the Security Council or they…
Spokesman: Listen, I think we've… the situation… the very unstable situation in Burundi continues to be of concern to us. We flagged it here from this podium. The Secretary-General and others have been involved in talking to people on the phone. We're continuing to watch it, and if we have more to say…
Inner City Press: I know I'd asked you this before, but when is the… has the Secretary-General sought to speak to President [Pierre] Nkurunziza during any of these many weeks and months?
Spokesman Dujarric: I have no updates on his contacts.
The experts among other things said:
“The world is witnessing an escalating pattern of politically motivated violence in Burundi, enabled by the country’s decades-long tradition of impunity. The international community must not simply stand by and wait for mass atrocities to unfold, thereby risking a major conflict of regional proportions before it finally decides to act... We also witness efforts to coerce the judiciary, some of whose highest members have fled the country claiming their lives were at risk. In the meantime, armed militias, with the collaboration of authorities, exercise violence against civilians. In these circumstances, it is not surprising that the results of the 29 June elections have generally not been endorsed.
“The absence of independent media and a climate of repression and fear to exercise civil rights and express opinions, notably by peacefully taking to the streets, have marred the recent elections and will also be defining the forthcoming presidential elections, now scheduled for 21 July. The postponement by six days of the presidential elections does not remedy this blatant deficiency.
“If the government persists in holding presidential elections under the current circumstances – something even the former first Vice-President objected to after also having fled the country – they will in no way confer any legitimacy on the to-be-elected authorities. On the contrary, the elections are highly likely to result in major instability and confrontations in Burundi, with the potential to spread to the region.
“The Security Council has a unique role for peace and security and for preventing conflicts worldwide. This is a crisis that is eminently preventable – everyone can see the risks. What is lacking is action.Given the painful history of Burundi and the region, the long engagement of the United Nations in the country to re-build peace, the Security Council must be all the more alerted to the increasing potential of an escalation of massive violence. Burundians, who live in the world’s third poorest country must be spared another cycle of violence, with the misery and destruction that violence always leave on its wake. They look to the Security Council to live up to its unique role in the prevention of mass atrocities.”
They noted, as Inner City Press has, that it was a full week ago, on July 9, that “the situation on Burundi was most recently discussed by the Security Council.” The experts included the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Pablo de Greiff; Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns; Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul; Special Rapporteur on the situation of human rights defenders; Michel Forst; Special Rapporteur on the promotion and protection of freedom of opinion and expression, David Kaye; Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai; and the Chairperson of the Working Group on Arbitrary Detention, Seong-Phil Hong.
Regarding the Yoweri Museveni "mediation," which by silence the UN Security Council is implicitly endorsing, Inner City Press on July 15 asked Ban's spokesman Stephane Dujarric:
Inner City Presss: on Burundi, President [Yoweri] Museveni has left the country, his proposal was not accepted. He's left his defence minister there. One, did the UN stand behind those proposals? Did they have any idea what proposals he was going to make? Are they now working with the defence minister? It's okay. I have another one on this, but it's up to you.
Spokesman Dujarric: As I said, the UN supported the mediation process put forward by the East Africa Community, which is being led by Museveni. I don't have any more details from what is actually…
Inner City Press: How did the UN support it?
Spokesman: We're supporting… we're supportive of the facilitation effort.
Inner City Press: There are also reports there that the authorities are declining to give death certificates to people killed by either police or militia. And I wanted to know… you'd said that the human rights mechanism of the UN that's there is there… is recording and routinely reports. So where are the reports?
Spokesman: I will check when they're next scheduled to report.
In the hours the followed, again nothing.
Spokesman Dujarric: As I said, the UN supported the mediation process put forward by the East Africa Community, which is being led by Museveni. I don't have any more details from what is actually…
Inner City Press: How did the UN support it?
Spokesman: We're supporting… we're supportive of the facilitation effort.
Inner City Press: There are also reports there that the authorities are declining to give death certificates to people killed by either police or militia. And I wanted to know… you'd said that the human rights mechanism of the UN that's there is there… is recording and routinely reports. So where are the reports?
Spokesman: I will check when they're next scheduled to report.
In the hours the followed, again nothing.
On July 14, Inner City Press asked Ban's spokesman Dujarric:
Inner City Press: On Burundi, now President [Yoweri] Museveni is in Bujumbura. They say he's holding these talks in the Hotel Bel Air residence. Is Mr. [Abdoulaye] Bathily or any UN representative taking part, and do you have anything on a possible FDLR presence on the border?
Spokesman: I don't believe Mr. Bathily is there. I know the Secretary-General and President Museveni spoke briefly yesterday, if I'm not mistaken. They are scheduled to speak before the day is over. I have nothing on the Burundi border.
Spokesman: I don't believe Mr. Bathily is there. I know the Secretary-General and President Museveni spoke briefly yesterday, if I'm not mistaken. They are scheduled to speak before the day is over. I have nothing on the Burundi border.
Moments later Inner City Press asked the UN's envoy to the DR Congo Martin Kobler about the FDLR, both in DRC and as regards Burundi.Video here. First, the Security Council's president for July Gerard von Bohemen indicated that the only discussion of Burundi on July 14 was as a source of refugees to DRC, which Kobler said the DRC could handle.
In the Security Council chamber, Kobler had said, "I have been monitoring the situation in Burundi very closely, as the country has descended into violence over the last two months. Today, over 140,000 people have fled into neighboring countries, including 12,800 to the DRC. I highlight these events to remind us again of the importance of respecting the constitution, and of creating the necessary political space for a national consensus around elections."
Inner City Press asked Kobler if by this he meant that a third term for Pierre Nkurunziza would violate the constitution of Burundi, or Arusha Agreements. But Kobler didn't answer this. (Reuters cut in, and didn't report a word of what Kobler said about Burundi).
On July 13, Inner City Press asked Ban's spokesman Stephane Dujarric:
Inner City Press: On Burundi, you said that the UN human rights team there is recording... when are they going to report that? There are these pictures of people described as rebels being arrested by the Government that many people are saying are just farmers who happened to belong to opposition parties. There's also pictures of corpses. When is the UN actually going to report on what it's witnessed in the last day?
Spokesman Dujarric: I'll check with them, but our human rights colleagues tend to report on a regular basis.
Spokesman Dujarric: I'll check with them, but our human rights colleagues tend to report on a regular basis.
So when will that be? Inner City Press on July 13 also asked Dujarric:
Inner City Press: MONUSCO [United Nations Organization Stabilization Mission in the Democratic Republic of the Congo], ist said there are forces on the border now with Burundi gathered. So I'm asking you this now, because there's some concern coming from both directions, interventions. Is it anything to your knowledge that MONUSCO, DRC or DPA is aware of?
Spokesman: Let me check. Thank you, all. Have great day.
To this has the UN been reduced.Spokesman: Let me check. Thank you, all. Have great day.
From the July 10 transcript:
Inner City Press: I wanted to ask you in Burundi, they're now, you know, in the last hours, there's reports of heavy gunfire on border with Rwanda. There's been grenade attacks in the capital, and some are saying that people seeking to flee are not being allowed to by the ruling party's militia. So what's the status of the UN both observing these things? Does the UN acknowledge that things have actually gotten heated up since even yesterday's Security Council meeting?
Spokesman: No, clearly. I think we very much strongly condemn any type of violent action, any action that is meant to destabilize the already tense and fragile situation in Burundi. We've taken note, as you mentioned, very recently there have been clashes, reported clashes between Burundi's national defence forces and unidentified armed groups in the country's north on the Rwandan border, and we're following the situation closely. And we're trying to verify the authenticity of these reports.
Inner City Press: Given that… I mean it seems like there's no real public accounting or reporting about the Museveni facilitation and there obviously… there's some issues in Uganda at present, so maybe these occupied by those. But what's the UN doing in terms of…
Spokesman: I think we're there to support this facilitation, which is organized by the East African Community under the blessing of the African Union. So you should also address your questions to them.
Spokesman: No, clearly. I think we very much strongly condemn any type of violent action, any action that is meant to destabilize the already tense and fragile situation in Burundi. We've taken note, as you mentioned, very recently there have been clashes, reported clashes between Burundi's national defence forces and unidentified armed groups in the country's north on the Rwandan border, and we're following the situation closely. And we're trying to verify the authenticity of these reports.
Inner City Press: Given that… I mean it seems like there's no real public accounting or reporting about the Museveni facilitation and there obviously… there's some issues in Uganda at present, so maybe these occupied by those. But what's the UN doing in terms of…
Spokesman: I think we're there to support this facilitation, which is organized by the East African Community under the blessing of the African Union. So you should also address your questions to them.
On July 9, UN High Commissioner for Human Rights delivered the speech below to the UN Security Council, click here for that, and here for Burundi's Ambassador's speech.
After the Security Council's last meeting of July 9, about Syria, Inner City Press asked the Council's president for July, Gerard van Bohemen of New Zealand, if the idea of postponing Burundi's election for a mere week to July 22 was discussed in closed door consultations. He replied that Constitutional issues were discussed but no decision or conclusion reached. Video here.
Earlier in the day at the UN noon briefing on July 9, Inner City Press asked UN Secretary General Ban Ki-moon's spokesman Stephane Dujarric for the UN's or Ban's position on a delay of a mere week, to July 22, transcript here:
Inner City Press: in Tayé Brook Zerihoun’s briefing to the Council about Burundi, he said that there's been no formal forum for dialogue since 26 June, and then the permanent representative of Burundi said that there is some discussion of moving back the election a week to 21-22 July, he said, consistent with the Constitution. So I wanted to know, is Mr. [Abdoulaye] Bathily part of these discussions? And what does the UN think? Does the UN think that a one-week extension is… addresses the issues that were raised by…
Spokesman Dujarric: I think the issues of the political climate and to create a political climate is conducive to elections in Burundi will be discussed through the facilitation mechanism, which will be led by Mr. [Yoweri] Museveni and supported by the UN.
Inner City Press: But since he's saying… as of today, he said there is no mechanism, so it's going to begin between now and the 15th or now and…
Spokesman Dujarric: Again, this will be led by President Museveni, so I would urge you to ask questions in that direction.
Spokesman Dujarric: I think the issues of the political climate and to create a political climate is conducive to elections in Burundi will be discussed through the facilitation mechanism, which will be led by Mr. [Yoweri] Museveni and supported by the UN.
Inner City Press: But since he's saying… as of today, he said there is no mechanism, so it's going to begin between now and the 15th or now and…
Spokesman Dujarric: Again, this will be led by President Museveni, so I would urge you to ask questions in that direction.
