Human Right

CNIDH, an agent for Bujumbura?

The tone rose on Tuesday at the UN Human Rights Council. Fatsah Ouguergouz accused this commission of being in the pay of Bujumbura. CNIDH speaks of a biased commission.

The UN Human Rights Council meeting in Geneva to study the report of the Commission of Inquiry on Burundi.

The UN Human Rights Council meeting in Geneva to study the report of the Commission of Inquiry on Burundi.

The National Independent Commission on Human Rights (CNIDH) has not shown any sympathy for the UN Independent commission of inquiry in Geneva. Its president, Jean Baptiste Baribonekeza, referred to “a strategy of chaos adopted by some actors to solve the problems that haunt the Burundian society.”

CNIDH announced the shortcomings of Fatsah Ouguergouz’s report. It noted that the Commission of Inquiry was not able to go to the field to gather well-documented and sufficiently reliable information. “Talking about crimes against humanity is based on unconvincing arguments and having recourse to the international criminal court is inopportune,” insisted the commission’s chairman, Jean Baptiste Baribonekeza. This would mean that Fatsah Ouguergouz systematically disqualifies all national institutions and other organizations working in Burundi.

CNIDH president goes further, taxing Fatsah Ouguergouz’s commission of being biased and not balanced for it refused to examine and provide information on the crimes committed by the opposition. The chairman of CNIDH asked the council not to give credit to this report.

“The echo of the Burundian government”

Having heard enough of the criticism of CNIDH, Fatsah Ouguergouz did not mince his words. According to him, the president of this National Commission merely echoed the representative of the Burundian government. According to him, it is inappropriate to sue the commission of inquiry for its inability to document the crimes committed by the opposition. “I would like to recall here that we have sent a correspondence to the commission and met with its president who promised us to provide all information not only on human rights violations but also on the attacks. A letter remained unanswered, as did most requests made more informally to obtain a copy of the annual report of CNIDH activities for the year.

Indeed, the final and detailed report of the Commission of Inquiry clearly attacks CNIDH. Independent at the beginning, it has gradually changed the course. According to the report, since April 2015, CNIDH has had a propensity to minimize the number and severity of human rights violations committed in Burundi. “Its statements do not reflect the magnitude of the violations reported in the country.”

The National Independent Commission has been facing accusations since November 2016.
The subcommittee of the Accreditations of the Global Alliance of National Human Rights Institutions has conducted a review of CNIDH. In the end, it recommended that the Commission be re-accredited with status B.
In this case, CNIDH has not taken a position to promote the protection of human rights in response to credible allegations of gross violations of human rights committed by the authorities. “This silence denotes a lack of independence.”

The commission led by Baribonekeza has two months to catch up and return to its status A. The recommendations of the decommissioning do not take effect until a delay of one year. A very short period of time should enable CNIDH to provide the supporting documents necessary to establish its uninterrupted conformity with the principles of Paris.


>>Reactions

Willy Nyamitwe: “The approach of Ouguergouz is scandalous.”

Willy-Nyamitwe-300x200For the Senior Advisor to the president, Fatsah Ouguergouz not only denigrates CNIDH,but also all the republican institutions. This is understandable especially for someone working on the commission of the European Union. According to Ambassador Willy Nyamitwe, Fatsah Ouguergouz, receives compensation in return for his insults against the Burundian institutions and his conclusions pave the way for the ICC, an instrument that the EU uses to destabilize some countries. However, it is a scandalous move that should call Africa to more solidarity in order to defeat these “mercenaries” of a new type.

Vital Nshimirimana: “CNIDH misses the opportunity to serve the people.”

Vital NshimirimanaFor the human rights activist, it is regrettable that a commission is headed by an experienced man who misses the opportunity to serve people by trying to support a regime that is charged with serious crimes. It is unacceptable that this commission, though endowed with logistical means that would allow it to be independent, fails to serve the people. Vital Nshimirimana said it was equally regrettable that CNIDH had also missed the opportunity to collaborate with the Commission of Inquiry. “We ask this commission to catch up.”

Léonce Ngendakumana: “The criticism by Fatsah Ouguergouz is factual.”

Léonce-NgendakumanaThe Vice-President of Frodebu party said the role of CNIDH was to monitor cases of human rights violations and, if necessary, bring suspects before national and international jurisdictions. At present, it is clear that the commission was restricted to an organ of the ruling party Cndd-Fdd. “Today, we deplore the fact that the president of CNIDH is increasingly taking the position of the government going so far as to oppose the Council of which the commission is a member.” According to Léonce Ngendakumana, Fatsah Ouguergouz’s criticism against CNIDH is based on facts.

Jean de Dieu Mutabazi: “Fatsah Ouguergouz is a corrupt expert.”

Jean De Dieu MutabaziFor the president of Radebu party, the reaction of Fatsah Ouguergouz is that of a corrupt expert who is not at all neutral and does not have a sense of responsibility. “An expert who works in the sense of keeping Burundi subject to the diktat of the European Union”. For Radebu and its allied parties, Fatsah Ouguergouz’s criticism is unfounded. “He worked as a liar and a politician. CNIDH is working independently, said Jean de Dieu Mutabazi.

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