Burundi
Cluster Munition Ban Policy
Ten-Year Review: State Party Burundi was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010. It has participated in most of the convention’s meetings and condemned the use of cluster munitions. It has voted in favor of key annual United Nations (UN) resolutions promoting the convention since the first resolution was introduced in 2015.
According to its initial annual transparency report provided in 2011, Burundi has never used, produced, or transferred cluster munitions and has no stockpile, including for training or research purposes.
Policy
The Republic of Burundi signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 25 September 2009. It was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010.
Burundi has expressed its desire to enact national implementation legislation for the convention, but the exact status of its legislative efforts was not known as of June 2020.[1] Previously, in 2013, a government official said that existing national implementation legislation for the Mine Ban Treaty would be amended to address cluster munitions.[2] In 2012, Burundi reported that the process of developing a legal framework to incorporate the convention’s provisions into national legislation would “soon be initiated.”[3] A group was convened in 2010 to draft the implementing legislation.[4] Burundi has reported that it has the national operational structure in place to implement the Convention on Cluster Munitions and related treaties.[5]
Burundi submitted its initial Article 7 transparency report for the convention in early 2011, but, as of August 2020, had not provided any of the subsequent annual updates due by 30 April.[6]
Burundi participated in the Oslo Process that led to the creation of the Convention on Cluster Munitions, including the formal negotiations in Dublin in May 2008 where it supported a comprehensive ban on cluster munitions.[7]
Burundi has continued to actively engage in the work of the Convention on Cluster Munitions. It has participated in almost all of the Meeting of States Parties of the convention, except those held in 2017 and 2019. Burundi attended the convention’s First Review Conference in Dubrovnik, Croatia in September 2015 and intersessional meetings in Geneva in 2011–2015.
In December 2019, Burundi voted in favor of a UN General Assembly (UNGA) resolution urging full and effective implementation of and compliance with the Convention on Cluster Munitions.[8] It has voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.
Burundi has condemned the use of cluster munitions in Libya, Sudan, Syria, Ukraine, and Yemen and stated that such weapons should never be used “by anyone under any circumstance.”[9]
Burundi has elaborated its views on certain important issues relating to the interpretation and implementation of the convention. In 2012, a Ministry of Public Security official said that Burundi considers assistance with prohibited acts in joint military operations to be prohibited by the convention and it also views the transit and foreign stockpiling of cluster munitions on or across the territories of States Parties to be prohibited.[10]
Burundi is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
In 2011, Burundi reported that it has no stockpile of cluster munitions, including for training or research purposes, and has no production facilities.[11] Burundi has stated several times that is never used, produced, stockpiled, or transferred cluster munitions.[12]
[1] An official informed the Monitor that Burundi intends to adopt implementing legislation but could not provide an update on its status. Monitor meeting with Leonce Musavyi, Director, Humanitarian Action Directorate Against Mines and Explosive Remnants of War (Direction de l’action humanitaire contre les mines et engins non explosés, DAHMI), Convention on Cluster Munitions Intersessional Meetings, Geneva, 22 June 2015.
[2] CMC-Togo meeting with Désiré Nshimirimana, Second Vice-President of the Permanent National Commission for the Fight Against the Proliferation of Small Arms and Light Weapons (Commission nationale permanente de lutte contre la prolifération des armes légères et de petit calibre, CNAP), in Geneva, 17 April 2013.
[3] Statement of Burundi, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 12 September 2012.
[4] Statement of Burundi, Accra Regional Conference on the Universalization of the Convention on Cluster Munitions, Accra, 29 May 2012. Government officials first indicated in August 2010 that such a group would be established. Email from Côme Niyongabo, Handicap International, following a telephone interview with Fabien Ndayishimiye, Legal Advisor, Ministry of Foreign Affairs, 3 August 2010.
[5] In this context, Burundi said that awareness-raising sessions for the civilian population on the dangers of explosive remnants of war had helped to identify contaminated areas and ensure the subsequent clearance and destruction of unexploded ordnance and obsolete munitions. Statement of Burundi, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 12 September 2012.
[6] Burundi’s initial Convention on Cluster Munitions Article 7 report is undated and does not indicate the reporting period. It is comprised of a statement and uncompleted forms.
[7] For details on Burundi’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 49–50.
[8] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 74/62, 12 December 2019.
[9] Statement of Burundi, Convention on Cluster Munitions Intersessional Meetings, Geneva, 23 June 2015. Notes by Norwegian People’s Aid.
[10] Response to Monitor questionnaire from Denis Gahiru, Director General, Civil Protection and Humanitarian Action Against Mines and Explosive Remnants of War, Ministry of Public Security, 20 March 2012.
[11] Convention on Cluster Munitions Article 7 Report, 2011.
[12] Statement of Burundi, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014; statement of Burundi, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013. Notes by Action on Armed Violence (AOAV); statement of Burundi, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 12 September 2012; statement of Burundi, Convention on Cluster Munitions Intersessional Meetings, Geneva, 29 June 2011. Notes by AOAV; and statement of Burundi, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010.
Mine Ban Policy
Policy
The Republic of Burundi signed the Mine Ban Treaty on 3 December 1997 and ratified it on 22 October 2003, becoming a State Party on 1 April 2004. A national implementation law, Law No. 1/30, was passed by the legislature in September 2008 and took effect on 10 October 2008.[1] It includes penal sanctions against the use of antipersonnel mines.[2]
Burundi occasionally attends meetings of the treaty, most recently the Sixteenth Meeting of States Parties in Vienna in December 2017. Burundi also attended the Third Review Conference in Maputo in June 2014. It submits updated Article 7 transparency reports semi-regularly, most recently in April 2016. Burundi is party to the Convention on Conventional Weapons and Protocol V on explosive remnants of war, but not Amended Protocol II on landmines. Burundi is party to the Convention on Cluster Munitions.
Production, transfer, use, and stockpiling
Burundi has stated that it has never produced antipersonnel mines.[3] It is not known to have exported antipersonnel mines.
Since the Mine Ban Treaty entered into force for Burundi on 1 April 2004, there have been no confirmed instances of use of antipersonnel mines by the army.[4] There have been no confirmed instances of use of antipersonnel mines by rebel forces since May 2006, when negotiations to end hostilities began. Prior to May 2006, the government accused the National Forces of Liberation (Forces Nationales de Libération, FNL) of sporadic mine use.[5]
Burundi completed the destruction of its stockpile of antipersonnel mines on 17 March 2008, ahead of its treaty-mandated deadline of 1 April 2008. It destroyed a total of 664 mines, including 591 POMZ-2M and 73 TS-50 mines.[6] The 664 mines destroyed exceeded the 610 reported as stockpiled as of April 2007.[7]
In 2016, Burundi confirmed it was retaining two POMZ-2M and two TS-50 mines for training purposes.[8]
During a civilian disarmament campaign from July–October 2009, 28 antipersonnel mines were surrendered by the population and subsequently destroyed by Mines Advisory Group (MAG).[9] Burundi later reported that its police forces recovered another 76 antipersonnel mines during the civilian disarmament campaign. The mines were destroyed with technical assistance from MAG on 16 June 2010.[10]
MAG also continued to report the discovery and destruction of previously unknown stocks of antipersonnel mines.[11] From April–May 2010, MAG reported the collection of three antipersonnel mines in its work to remove and destroy surplus small arms and light weapons in Bubanza, Bujumbura Mairie, Bujumbura Rural, and Cibitoke provinces in western Burundi.[12]
[1] Statement of Burundi, Ninth Meeting of States Parties, Mine Ban Treaty, Geneva, 24 November 2008.
[2] Law No. 1/30 on the national implementation of the 1997 Ottawa Convention. Those prosecuted for breaking this law will face either a prison sentence of between five and 15 years, a fine ranging from BIF5,000,000 to BIF15,000,000 (US$4,150 to $12,450), or both. In cases where a mine has caused fatalities, anybody convicted of breaking this law would face a life sentence. In addition, the law indicates national procedures to submit Article 7 reports and to report on mine action, mine risk education, and victim assistance activities. Average exchange rate for 2009: BIF1=US$0.00083. Oanda, www.oanda.com.
[3] Mine Ban Treaty Article 7 Reports, Form E, 8 November 2004; and 9 August 2005.
[4] The Monitor reported credible allegations of use of antipersonnel mines by both government and rebel forces in the past, see, Landmine Monitor Report 2004, pp. 234–237. Burundi officials denied allegations against government forces.
[5] See, Landmine Monitor Report 2006, pp. 234–235.
[6] Twelve of the POMZ-2M mines were from former rebel National Council for the Defense of Democracy-Forces for the Defense of Democracy (Conseil National pour la Défense de la Démocratie-Forces pour la Défense de la Démocratie) stocks, and the rest were from army stocks. After stockpile destruction in 2008 and 2009, Burundi stated that the total number of mines held by the FNL, the last remaining rebel group, remained to be confirmed. The FNL and the government signed a Cessation of Hostilities Agreement on 26 May 2008. In April 2009, FNL combatants began demobilization and the surrender of weapons to the African Union Special Task Force. There have been no reports of antipersonnel mines being handed in. See, Landmine Monitor Report 2009, pp. 230–231.
[7] Statement of Burundi, Standing Committee on Stockpile Destruction, Geneva, 23 April 2007. In this statement, Burundi informed States Parties that, after reviewing its mine inventory, it concluded that it had 610 antipersonnel mines in stock, and not the 1,212 previously declared on several occasions.
[8] Mine Ban Treaty Article 7 Report, Form D, April 2017.
[9] The campaign was run by the Burundian National Commission for Civilian Disarmament and Against the Proliferation of Small Arms and Light Weapons. The mines were all POMZ-2Ms. See, Mine Ban Treaty Article 7 Report, Form B, 30 April 2010; email from Julie Claveau, Country Program Manager, MAG, 10 February 2010; “Burundians hand in thousands of weapons,” IRIN, 4 November 2009, www.irinnews.org; and UN Integrated Mission in Burundi, “Burundi Désarmement. La population continue à remettre volontairement les armes” (“Burundi Disarmament. The population continues to voluntarily hand in weapons”), 25 July 2009, www.binub.turretdev.com.
[10] Statement of Burundi, Standing Committee on Stockpile Destruction, Geneva, 21 June 2010. The mines were reported as 55 TS-50; eight PMA-2; six POMZ-2M; and seven igniters, and were destroyed in Mudubugu. See also, Mine Ban Treaty Article 7 Report, Form B, 30 April 2010.
[11] Email from Julie Claveau, MAG, 10 February 2010. Burundi reported that in April 2009 a cache of 41 TS-50 antipersonnel mines was discovered in the village of Mabayi, Cibitoke province. It said the mines were being held for the time being by MAG, which indicated that the mines were subsequently destroyed. Mine Ban Treaty Article 7 Report, Forms B and D, 30 April 2009; and email from Julie Claveau, MAG, 3 August 2009.
[12] MAG, “MAG Burundi Programme Update 01 April–31 May 2010,” www.maginternational.org.
Mine Action
Contamination and Impact
Mines
At the Eleventh Meeting of States Parties in November 2011, the Republic of Burundi declared it had completed clearance of all mines, fulfilling its Article 5 obligations, following the clearance of 11 mined areas by Mines Advisory Group (MAG). In December, however, the Minister of Energy and Mines requested assistance in surveying Suspected Hazardous Areas (SHAs) around electrical pylons; consequently, in May 2012, Burundi reported at the intersessional Standing Committee meetings that it still had suspected mined areas to release.[1] In 2013, Burundi repeated that it had located some SHAs near electrical pylons and in May requested assistance from the Swiss Foundation for Mine Action (FSD) to complete non-technical surveys and clearance of antipersonnel mines.[2]
As an indicator of the assumed remaining contamination, FSD reported finding four antipersonnel mines per electrical pylon from 2005–2008; Direction de l'Action Humanitaire contre les Mines et Engins non explosés (DAHMI), the national mine action center, reported just 80 antipersonnel mines have been found from 2006–2013.[3]
Explosive remnants of war
The precise extent of contamination with explosive remnants of war (ERW) is unknown, although MAG regularly reported encountering ERW in its operations.[4] In October–November 2010, MAG trained four Civil Protection staff in demining to explosive ordnance disposal level 1 certification.[5] In 2006, an assessment by the United States (US) Department of State’s Defense Threat Reduction Agency (DTRA) identified poor ammunition storage and handling conditions in Burundi as serious risks.[6] MAG has worked with Burundi’s military and police to strengthen their Physical Security and Stockpile Management capacity since 2007.[7]
Mine Action Program
Key institutions and operators
|
Body |
Situation on 1 January 2013 |
|
National Mine Action Authority |
General Directorate for Civil Protection |
|
Mine action center |
DAHMI |
|
International demining operators |
MAG |
|
National demining operators |
Armed forces; and Civil Protection demining team |
Mine action in Burundi is under the authority of the General Directorate for Civil Protection located within the Ministry of Public Security. On 15 May 2009, DAHMI was officially established under the same ministry, marking the end of active UNDP support. DAHMI is responsible for the coordination of mine action activities.[8]
Land Release
According to DAHMI, no mine clearance was conducted in 2012.[9] As of May 2013, Burundi did not have any clearance capacity although MAG had trained a Civil Protection Demining team in 2008. Dan Church Aid (DCA) and FSD closed their mine clearance programs in 2008.[10]
Survey in 2011–2012
A survey of SHAs around electricity pylons in October 2012, conducted by DAHMI with technical oversight by MAG, identified an unspecified number of SHAs in Bururi, Bujumbura, and Bubanza provinces.[11]
Compliance with Article 5 of the Mine Ban Treaty
Under Article 5 of the Mine Ban Treaty, Burundi is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 April 2014.
It appears Burundi prematurely declared it had met its Article 5 obligations when it declared it was mine free in November 2011. Burundi reported in May 2012 that it needed further survey to confirm SHAs around a few electrical pylons, but it still planned to meet its 1 April 2014 deadline.[12] Survey conducted in the SHAs in October 2012 identified further mined areas, but the extent remains unclear. As of May 2013, Burundi was waiting for a response from FSD on assistance.
[1] Statement of Burundi, 11th Meeting of States Parties, Phnom Penh, 28 November 2011; MAG, “Why MAG is needed in Burundi,” April 2012; and statement of Burundi, intersessional Standing Committee Meeting on Mine Clearance, 23 May 2012.
[2] Statement of Burundi, intersessional Standing Committee Meeting on Mine Clearance, 27 May 2013.
[3] Ibid.; and FSD, “FSD de-mining programme in Burundi PART 1,” YouTube.com, 22 May 2008.
[4] Email from Julie Claveau, Programme Manager, MAG, 10 February 2010.
[6] Geneva International Centre for Humanitarian Demining (GICHD), “Mine Action and Armed Violence Reduction Burundi Case Study: MAG,” September 2012.
[7] MAG, “Why MAG is needed in Burundi,” April 2012.
[8] GICHD, “Burundi: Synthese d’informations de l’action contre les mines et les restes explosifs de guerre (dont sous-munitions)” (“Burundi: Overview of information on mine action and ERW - including submunitions”), Second Seminar of African Francophone Seminar on Mine and ERW Action, Dakar, Senegal, 2–4 November 2009.
[9] Statement of Burundi, intersessional Standing Committee Meeting on Mine Clearance, 27 May 2013.
[10] DCA, “No More Mine Action,” 26 September 2009; and email from Alex Griffiths, Director of Operations, FSD, 24 February 2009.
[11] Email from Nicole Ntagabo, Project Manager, MAG Burundi, 26 November 2012.
[12] Statement of Burundi, intersessional Standing Committee Meeting on Mine Clearance, 27 May 2013.
Support for Mine Action
At the Eleventh Meeting of States Parties in 2011, the Republic of Burundi declared that it had completed its Article 5 obligations. However, it subsequently reported at the 2013 intersessional Standing Committee meetings that it still had suspected mined areas to release and that surveying was ongoing.[1]
In 2013 and 2014, Switzerland contributed respectively CHF160,000 (US$172,618) and CHF64,220 ($70,209) to Mines Advisory Group (MAG) for mine clearance in Burundi.[2] MAG conducted non-technical and technical surveys around some electrical pylons from October 2013 to March 2014. At the 2014 Mine Ban Treaty Intersessional meetings, Burundi declared it had completed its Article 5 clearance obligations.[3]
Burundi did not report any contributions to its mine action program in 2014.
Summary of international contributions: 2010–2014[4]
|
Year |
Amount ($) |
|
2014 |
70,209 |
|
2013 |
172,618 |
|
2012 |
74,651 |
|
2011 |
193,676 |
|
2010 |
182,120 |
|
Total |
693,274 |
[1] Statement of Burundi, Mine Ban Treaty Standing Committee on Mine Clearance, Geneva, 27 May 2013.
[2] Response to Monitor questionnaire by Claudia Moser, Programme Officer, Federal Department of Foreign Affairs, Switzerland, 15 April 2014; and Convention on Cluster Munitions Article 7 Report, Form I, 29 April 2015. Average exchange rates for 2013: CHF0.9269=US$1, and 2014: CHF0.9147=US$1. US Federal Reserve, “List of Exchange Rates (Annual),” 2 January 2015.
[3] Statement of Burundi, Mine Ban Treaty Intersessional Meetings, Geneva, April 2014.
[4] See previous Monitor reports.
Victim Assistance
Survivor assistance action points
- Dedicate funding to ensure continuity of services and develop a national database of mine/explosive remnants of war (ERW) victims and their needs.
- Improve physical rehabilitation services and access to those services for survivors by finding the means to overcome the barrier of fees for services present.
Survivor assistance planning and coordination
|
Government focal point |
Humanitarian Department for Mine/Unexploded Ordnance Action (Direction de l’Action Humanitaire contre les Mines et Engins non explosés, DAHMI)[1] |
|
Coordination mechanisms |
None[2] |
|
Coordination regularity/frequency and outcomes/effectiveness |
None[3] |
|
Plans/strategies |
The National Victim Assistance Action Plan 2011–2014 has not been updated[4] |
|
Disability sector integration |
The Ministry of Health is responsible for all persons with disabilities, including mine/ERW survivors[5] |
|
Survivor inclusion and participation |
Not reported |
|
Reporting (Article 7 and statements) |
Burundi did not report on its survivor assistance obligations in 2018 |
International commitments and obligations
|
The Republic of Burundi is responsible for a significant number of survivors of landmines and ERW who are in need. As of 2015, there were estimated to be 5,002 survivors in Burundi.[6] |
|
|
Mine Ban Treaty |
Yes |
|
Convention on Cluster Munitions |
Yes |
|
Convention on Conventional Weapons (CCW) Protocol V |
Yes |
|
Convention on the Rights of Persons with Disabilities (CRPD) |
Yes |
Laws and policies
The constitution prohibits discrimination against persons with disabilities. However, the rights of persons with disabilities were not promoted or protected with regard to employment, education, or access to healthcare.[7]
Buildings and government services accessibility was not mandated by law.[8]
Major Developments in 2018-2019
Burundi adopted law no.1/03 of 10 January 2018 promoting and protecting the rights of persons with disabilities in Burundi.[9] There were no ongoing survivor assistance projects and therefore no survivor assistance coordination, due to the lack of funding.[10]
Humanity & Inclusion (HI) stopped its activities in Burundi on 31 December 2018.[11] The ICRC ended its technical support to the Saint Kizito Institute in Bujumbura in 2017.[12] The 2019–2023 Strategic Plan for the Development of Physical Medicine and Rehabilitation (Plan stratégique de développement de la médecine physique et de réadaptation 2019–2023) signed in March 2019 aimed at improving accessibility, quality, and availability of rehabilitation services across the country.[13]
Needs assessment
The General Direction of Civil Protection, through DAHMI, conducted a nation-wide survey to evaluate the exact number of mine/ERW victims in Burundi and identify their needs.[14] All 18 provinces were surveyed, but data was reported to be partial due to the lack of cooperation of survivors in certain provinces.[15]
Medical care and rehabilitation
While mine/ERW survivors were eligible for free healthcare through social programs targeting vulnerable groups, access to this information or to the benefits was limited.[16] The physical rehabilitation sector faced a lack of qualified personnel, rehabilitation centers, material and equipment in existing centers, and community-based rehabilitation programs.[17] The three physical rehabilitation centers were nearly nonfunctional[18] and users had to pay for the services.[19] A center for physical therapy in Gitega continued to receive government support.[20]
Socio-economic and psychosocial inclusion
A center for social and professional inclusion of persons with physical disabilities in Ngozi continued to receive government support.[21]
Survivor assistance providers and activities
|
Name of organization |
Type of activity |
|
Government |
|
|
Ministry of National Solidarity, Human Rights and Gender |
Physical rehabilitation; social and professional reinsertion |
|
National |
|
|
Center for Training and Development of Ex-Combatants (Centre d’encadrement de développement des anciens combattants, CEDAC) |
Economic inclusion (micro-credit); psychosocial assistance; advocacy |
|
Union of Persons with Disabilities (Union des Personnes Handicapées du Burundi, UPHB) |
Advocacy and economic inclusion; referrals for other services |
[1] Interview with Méthode Niyungeko, Direction of Humanitarian Action Against Mines and Unexploded, Ordnance, in Amman, 13 September 2019.
[2] Ibid.
[3] Ibid.
[4] Ibid.
[5] Ibid.
[6] This figure includes the 1,300 survivors identified as of the end of 2008. Interview with Nkeshimana Nicodème, DAHMI, in Geneva, 16 March 2010; email from Désiré Irambona, DAHMI, 11 April 2011; and response to Monitor questionnaire by Méthode Niyungeko, DAHMI, 1 August 2016.
[7] United States (US) State Department, “2018 Country Reports on Human Rights Practices: Burundi,” 13 March 2019.
[8] Ibid.
[9] “Loi n°1/03 du 10 janvier 2018 portant promotion et protection des droits des personnes handicapées au Burundi” (“law n°1/03 of 10 January 2018 promoting and protecting the rights of persons with disabilities in Burundi”), 10 January 2018.
[10] Interview with Méthode Niyungeko, DAHMI, in Amman, 13 September 2019.
[12] ICRC, “Annual Report 2016,” Geneva, May 2017, pp. 106–107.
[13] “Plan stratégique de développement de la médecine physique et de réadaptation 2019–2023” (“2019–2023 Strategic Plan for the Development of Physical Medicine and Rehabilitation”), January 2019, pp. 8–9; and APEFE, “Plan stratégique de développement de la médecine physique et réadaptation au Burundi 2019–2023” (“2019–2023 Strategic Plan for the Development of Physical Medicine and Rehabilitation in Burundi”), 29 April 2019.
[14] Response to Monitor questionnaire by Méthode Niyungeko, DAHMI, 2 February 2018.
[15] Interview with Méthode Niyungeko, DAHMI, in Amman, 13 September 2019.
[16] US State Department, “2018 Country Reports on Human Rights Practices: Burundi,” 13 March 2019.
[17] “Plan stratégique de développement de la médecine physique et de réadaptation 2019–2023” (“2019–2023 Strategic Plan for the Development of Physical Medicine and Rehabilitation”), January 2019, pp. 8–9.
[18] Interview with Méthode Niyungeko, DAHMI, in Amman, 13 September 2019.
[19] Ibid.; and response to Monitor questionnaire, 1 August 2016.
[20] US State Department, “2018 Country Reports on Human Rights Practices: Burundi,” 13 March 2019.
[21] Ibid.