Addressing Sexual Violence in Burundi

Rene Mbuli, Department of Peacekeeping Operations, UNHQ, New York

Burundi is one of the countries in the Great Lakes region of Africa that has been racked by conflicts since its independence in 1961. In 1993, Burundi witnessed a fierce Hutu-Tutsi ethnic clash that claimed the lives of close to 300,000 people. Thanks to the intervention of the African Union and the international community in April 2003, peace returned to the country. In 2000, the Arusha Peace Agreement was signed, which established a transitional government. The 2005 Presidential elections established a consensus government and provided a new vitality to the peace process. The UN deployed peacekeepers in 2004 (ONUB) to monitor the peace, and after concluding its mandate in 2006, an integrated peace-building mission (BINUB) was set up in January 2007. By April 2009 the last rebel group Palipehutu-FNL (National Forces for Liberation) was formally disarmed and transformed into a political party under the name FNL in view of the upcoming elections in 2010. The international community has invested a lot of effort in the consolidation of peace, reconciliation and the reconstruction of Burundi.

But even though some political progress has been registered in the Burundian peace process, the human rights situation has become rather alarming. Rape, which had prevailed during the periods of war, has increased to such an extent that it is now commonplace in post-conflict Burundi. The trend has moved from being perpetrated by the military and rebels to being carried out by civilians. According to Ligue ITEKA, a local human rights organization, there were 1,930 cases of sexual violence in 2006 compared to 983 cases in 2003.¹ As of 30 September 2009, 55 cases were registered in the Muramvya Province alone, compared to 49 cases in 2008. In Bubanza Province the Ligue ITEKA registered the case of a two year old girl victim of rape.²

A lot of factors have contributed to the persistence and rise of this type of crime. Firstly, justice and security institutions have been weakened by 13 years of violent conflicts in Burundi, and this has led to a culture of impunity. Secondly, the participation of some government officials in criminal activity, as well as the incompetence of some officials due to inadequate training, has fostered administrative inertia in the treatment of rape cases. This has led to corruption and has increased the population’s mistrust of the judicial system. Moreover, the complicated procedure in establishing and proving a case of rape is a huge challenge. The need for victims to report within 24 hours and undergo clinical and medical tests in order to evidence the rape (which entails spending money) has helped to scare many victims away from reporting. In addition, local culture considers rape as taboo, something that must not be spoken about.

There has been progress and there are some national legal instruments such as the Burundi Constitution and the April 2009 revised penal code that condemns and punishes rape. To strike a genuine balance despite the discrepancies, it must be underscored that much has been done by the Burundian government and local non-governmental organizations (NGOs) in Burundi such as Ligue Iteka, Medecins Sans Frontiers (MSF)-Belgium, International Rescue Committee (IRC), CARE and the Society for Women Against AIDS in Africa (SWAA) to deal with rape cases. The efforts of these NGOs have increased the number of girls and women reporting their cases, thereby increasing the rape statistics. The government of Burundi has helped to deal with rape cases and some perpetrators have been found guilty and imprisoned.

However, more needs to be done to improve the security situation and reduce the rate of rape of women and girls in the country. More independent and anonymous reporting centres must be set up in provinces and communes where victims can report rape cases. Government and the civil society also need to organize more nationwide public awareness campaigns on the human rights implications of sexual violence and the legal punishments that apply. The judicial system has to be made more accessible to the public and the training and transparency of judiciary officials has to be improved. This will help to bring more perpetrators to justice. The setting up of transitional justice mechanisms and of a national human rights commission could have a major impact on reducing sexual crimes. If greater attention is not given to sexual violence, the efforts to consolidate peace will only benefit the political class and a fraction of the population, while the female gender will be left fighting a physical and psychological war in post-conflict Burundi.





Picture © UN Photo/Christopher Herwig