Recognition by the South African Government of the current government of the Republic of Burundi
QUESTION NO: 97 (NO1627E)
ADDITIONAL INFORMATION:
Political development in Burundi:
1. Violence between supporters of President Pierre Nkurunziza and his opponents began in April 2015 when the President announced he would run for what many viewed as an unconstitutional third term. Tit-for-tat attacks have taken place since then against politicians, civil society leaders and army officials.
2. According to the ICC violence has killed more than 430 people and forced over 230 000 to seek refuge in neighbouring countries.
3. South Africa is a member of the AUPSC and therefore South Africa was part of the AU Council that took a decision not to deploy the African Prevention and Protection Mission in Burundi (MAPROBU) because it was felt it would be premature to send such a force to Burundi. Instead, the AU Council decided to lend its support to the political dialogue process then led by the President of Uganda, hence the decision to dispatch an AU High Level delegation led by South Africa to engage the Government of Burundi and all relevant stakeholders on the need to start the inclusive political dialogue, end violence and facilitate the return of refugees. The EAC mediator role has been taken over by fformer Tanzanian President Benjamin Mkapa, to encourage and achieve the resumption of the previously stalled inclusive political dialogue between the government and opposition (2-5 May 2016).
4. South Africa’s involvement in Burundi is premised on the need to continue supporting the country’s democratic institutions and its Post-Conflict Reconstruction and Development programmes. Tensions between the government and opposition parties, the media and civil society organisations remain tense and South Africa will continue to support regional efforts to encourage dialogue in all spheres of Burundian society in order to achieve reconciliation and greater security.
5. President Zuma has on various occasions emphasized the need for dialogue among all of the Burundian stakeholders, to resolve their differences peacefully in order to deepen democracy and respect for the rule of law.
ICC:
1. Burundi deposited its instrument of ratification to the Rome Statute of the International Criminal Court on 21 September 2004. In terms of Article 126(2) of the Rome Statute, the Rome Statute entered into force for Burundi on the first day of the month after the 60th day following the deposit by a State of its instrument of ratification, in other words on 1 December 2004. Article 12(1) provides that a State that becomes party to the Rome Statute thereby accepts the jurisdiction of the Court with respect to the crimes under its jurisdiction, namely genocide, war crimes and crimes against humanity.
2. The Prosecutor of the ICC announced on 25 April 2016 that her office had received a number of communications reporting that more than 430 persons were killed, 300 have been arrested and 230 000 have fled to neighbouring countries, and that acts of killing, torture, rape, other forms of sexual violence and enforced disappearances have taken place on the territory of Burundi. A preliminary examination was opened into the situation in Burundi since April 2015. This is not an investigation but a process of examining available information in order to determine whether there is a reasonable basis to proceed with an investigation, taking into account the issues of jurisdiction, admissibility, the interests of justice and complementarity.
3. In terms of Article 42 the Office of the Prosecutor is independent and consequently States Parties to the Rome Statute are not in a position to comment on preliminary investigations by the Office of the Prosecutor.
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