| <BRUNEI DARUSSALAM | CAMEROON > |
Key developments since May 2001: There continue to be allegations of use of antipersonnel mines by Burundian troops both inside Burundi and in the Democratic Republic of Congo. Landmine Monitor has not been able to corroborate such allegations, or to determine if rebel or government forces are responsible for ongoing mine use. The government strongly denies any use of mines, and has again invited an observer mission to establish facts. Burundi declared a stockpile of 1,200 antipersonnel mines.
Burundi signed the Mine Ban Treaty on 3 December 1997, but has not yet ratified it. The government participated as an observer in the Third Meeting of States Parties to the Mine Ban Treaty in Managua, Nicaragua, in September 2001, as well as intersessional Standing Committee meetings in January and May 2002.
At the January 2002 intersessional Standing Committee meeting, the Burundi delegate noted that “the only urgency that delayed the adoption of the instruments of ratification of the Ottawa Convention” had been the need to put in place the transitional government structures provided for in the Arusha Peace Agreement.[1] He assured the States Parties that Burundi “will be among the ten new countries which will ratify the Convention by next September.”[2] The delegation also stated that the government of Burundi is “against the use of landmines,” and called on the “international community to intervene in stopping the use of landmines by Non-State Actors.”[3]
In an interview with Landmine Monitor at the intersessional Standing Committee meeting in January 2002, the Burundi delegation further confirmed that as normalcy was slowly returning to the country, and institutions taking root, ratification of the Mine Ban Treaty was underway and that “Burundi will be very active in universalizing the Convention.”[4]
In February 2002, a military official said, “Today the National Army has given its full support to the ratification of the Ottawa Convention. Technically, there is no reason why Burundi should not ratify the Ottawa Convention. There is no longer any part of the territory of Burundi that is not accessible due to the presence of rebels. Even Tenga that used to be their stronghold is now fully controlled by the National Army.”[5] In April 2002, the same official reported, “The texts of ratification will soon be presented by the Minister of Defense and discussed so that a decision can be made before September in regard with the ratification of the treaty.”[6] At the May 2002 Standing Committee meetings, the Burundi delegate said the date of ratification “is hard to predict,” but was hoped for “at least by September or the end of the year.”[7]
Minister of Foreign Affairs Therence Sinunguruza told Landmine Monitor on 25 July 2002 that he was making every effort to ratify the Mine Ban Treaty as soon as possible. He indicated that ratification would be put on the agenda of the cabinet in September.[8]
Burundi cosponsored and voted in favor of UN General Assembly Resolution 56/24M in November 2001, calling for universalization of the Mine Ban Treaty. It is not a party to the Convention on Conventional Weapons (CCW), nor did it participate in the third annual meeting of States Parties to Amended Protocol II of the CCW, or the Second CCW Review Conference, in December 2001.
Burundi is not known to have produced or exported antipersonnel landmines.[9] In a letter of August 2001, Burundi for the first time stated that it has a stockpile of 1,200 antipersonnel mines.[10] While the letter did not indicate whether the stockpile was for training or for other purposes, Landmine Monitor Report 2001 had quoted Colonel Juvenal Bujeje as saying Burundi’s “limited stock” was for training purposes.[11] During the Standing Committee meeting in January 2002, an official of the Geneva International Center for Humanitarian Demining characterized Burundi as being among the countries whose stockpile is non-existent or reduced.[12]
Landmine Monitor Report 2001 stated that it seemed certain that in the past antipersonnel mines had been used in Burundi by both government and rebel forces.[13] Government officials have repeatedly denied any use of landmines by government forces. At the Third Meeting of States Parties, head of delegation Ambassador Nahayo Adolphe said, “The delegation of Burundi reminds the Third Meeting of States Parties to the Ottawa Convention that the allegations of use of antipersonnel mines by the National Army are false. In its concern for transparency, Burundi renews its call for an international observation commission on antipersonnel mines to come establish reality in the field."[14] During the January 2002 Standing Committee meetings, the Burundi delegation again fiercely rebutted the allegations of use of antipersonnel mines by government forces, stating, “There is absolutely no need to lay antipersonnel mines as ours is an agricultural country.”[15]
In response to a letter from Landmine Monitor regarding allegations of use in this reporting period, Burundi responded that “the Government of the Republic of Burundi has always denied using landmines for military purposes for the only reason the Government of the Republic of Burundi cannot hinder the main population activity that is agriculture. Concerning the DRC, the Government of the Republic of Burundi has no interest in using those landmines because its main activities in this area are securing the commercial fleets on the lake Tanganyika and has no major military activities that would require the use of antipersonnel mines.”[16]
Despite the repeated strong denials, Landmine Monitor continues to receive troubling accounts of ongoing use of antipersonnel mines inside Burundi by both rebel and government forces, and ongoing use in the Democratic Republic of Congo by the Burundi Army. Landmine Monitor has been unable to corroborate independently these allegations.
Landmine Monitor strongly encourages States Parties to the Mine Ban Treaty to accept the invitations of the Burundi government, extended at both the Second and Third Meetings of States Parties, to send an “observer mission” or an “international observation commission” to try to establish the facts regarding use of antipersonnel mines in Burundi or by Burundian forces.
It appears certain that landmines continue to be used in Burundi, but it is difficult to determine who is planting the mines. Médecins sans Frontières Belgium and Médecins sans Frontières France receive sporadic cases of civilians wounded by mines in the area around the capital, Bujumbura Rural, on average about one a week. According to the survivors, mines have been laid in forested areas in Tenga and Rukoko, which are areas where rebels have operated.[17] It is not clear if the mines were laid recently or in past years, and it is not clear whether government or rebel forces have been responsible.
In February and March 2002, residents of an Internally Displaced Persons (IDP) camp near Tenga reported that people were forced to clear brush in the area and they exploded mines set off by tripwire.[18] A 33-year-old man told Human Rights Watch that in early 2002 in Tenga two IDPs were injured by a tripwire mine they exploded while cutting brush; he said the IDPs know to look for wires or string that are across the path, because they will explode a mine.[19] A 30-year-old woman living in Kivoga site said that the paths outside the site are mined by the military. She believes it is a way of protecting the site from rebels, but also of keeping the people in. She said IDPs have planted crops outside the camp in the fields, and they must ask permission to go to the fields because there are mines and if they don’t ask, they risk being killed by mines. She said on 5 March 2002, a man forced to cut brush in Tenga was killed by a mine, and three others wounded.[20]
A senior UN official also referred to Army use of mines in an interview with Landmine Monitor.[21] He said that there is no systematic recording of mined areas and observed, that most of the time, neither the National Army nor the rebels had the time to follow standard procedures, but were responding to emergencies to defend occupied territories or to block passages, and failed to mark the mined areas.
Burundi officials contend that the presence of antipersonnel mines on Burundi soil could be “the work of rebels crossing into Burundi from neighboring countries.”[22] In its statement during the January 2002 Standing Committee meeting, Burundi sought the support of the international community to “push the rebels of FFD and FNL to negotiate a ceasefire and to adhere to the Peace agreement signed in Arusha.”[23] Ambassador Nahayo Adolphe specifically asked for an intensified campaign addressed to producers and exporters of antipersonnel mines to “stop any transfer to non-state actors that do not feel concerned by international conventions.”[24]
In a July 2002 letter to Landmine Monitor, Burundi stated that “rebels are using landmines to impede Government forces military convoys mainly on roads permitting them easy mobility but unfortunately they are affecting mostly civilian vehicles.” The letter listed five incidents from 10-15 July 2002 in which civilian trucks exploded antivehicle mines.[25]
The Burundi military continues to carry out operations in the Democratic Republic of Congo. Local human rights organizations and others in the DRC have reported the laying of mines by Burundian soldiers around their military camps in Mboko, Swima, Ake, and Kaboke in Fizi Territory. These are located along Lake Tanganyika between Uvira and Baraka, directly across the lake from Burundi. One Congolese group reported, “The Burundian military used antipersonnel mines on the main road and on secondary roads in Mboko, Ake, and Kabondozi villages (Tanganyika collective, Fizi Territory). These mines caused victims, most of them children and women.”[26] The organization took testimony on five incidents between 7 November 2001 and 5 January 2002 in which antipersonnel mines allegedly laid by the Burundi military caused nine civilian casualties, including three dead and six injured.[27] Another organization noted, “Several credible groups have reported Burundian military mining these areas.”[28]
Landmine Monitor was not able to independently corroborate these allegations. In July 2002, Minister of Foreign Affairs Therence Sinunguruza categorically denied any use of antipersonnel mines by Burundian troops in the DRC.[29]
It is important to note that the DRC ratified the Mine Ban Treaty on 2 May 2002, and it will enter into force for the DRC on 1 November 2002. As a State Party, the DRC will have an obligation to prevent, suppress and punish use of antipersonnel mines by any entity on territory under the jurisdiction or control of the DRC government.
Although there is undoubtedly mine contamination in Burundi, there is no accurate data on the extent or nature of that contamination. No survey or assessment has been conducted in Burundi, nor is any mine clearance activity taking place. Most of the suspected contaminated areas in Burundi are inaccessible for security reasons, so independent verification is problematic.[30] It is generally believed that landmine contamination is mainly centered in three areas in Burundi: in Bujumbura Rural, along the border between Burundi and Tanzania, and in Cibitoke province.[31]
To date, the government has not initiated any demining or mine awareness programs. However, after the fighting in Kinama (February 2001), unexploded ordnance (UXO) contamination was identified and an ad hoc mine action response was organized.[32] It was coordinated through the government and the national gendarmerie administration and supported by UNICEF. It apparently was efficient, as there have been no reported injuries or deaths after the return of the population to the area.
UNICEF is the only entity in Burundi carrying out mine risk education. To date, 100 persons have been trained in mine risk education, and five educational posters have been developed.[33] UNICEF has estimated the cost of a one-year program of mine risk education activities, which would involve the government, the National Army and Gendarmerie, and civilians, to be US$210,600.[34] In a UNICEF press release of 31 May 2002, the agency noted it had not been successful in raising funds for the effort. The press release also stated, “Highlighting the current intensity of fighting in Burundi, UNICEF insists that it is urgent to fund this sector that would enable the implementation of advocacy, mine risk education, victim assistance or mine data collection.”[35]
There is an absence of accurate mine victim and incident data.[36] There are reports of mine injuries from hospitals, although not on a wide scale. Mine injuries are classified together with bullet wounds, vehicle accidents, and other traumatic injuries.
The UN Security Unit recorded ten mine incidents for 2001. These incidents occurred between January and November and were mainly reported from Bujumbura Rural, Cibitoke, and Makamba provinces.[37] On 29 January 2001, in Mutimbuzi commune, Bujumbura Rural province, one civilian was killed and another seriously injured by an antipersonnel mine allegedly planted by the army.[38] On 9 March 2001, a landmine explosion killed a child in Kabezi commune.[39] On 23 June 2001, in Mutimbuzi commune, a landmine explosion killed one civilian and seriously injured two others.[40] As noted above, Médecins sans Frontières receives sporadic cases of civilians wounded by mines in the area around the capital, Bujumbura Rural, reportedly on average about one a week.
It is likely that the number of reported incidents does not accurately reflect the actual number of mine casualties. According to the Director of the UN Security Unit, the list of incidents/casualties could more comprehensive if NGOs that operate in the countryside were willing to cooperate and participate in reporting incidents.[41] When asked to cooperate, many respond that their primary purpose is not to deal with the landmine issue alone. For instance, Handicap International Belgium programs include assistance to mines victims, but they do not have records that account for mines victims only.[42] Another fact that hampers accurate recording of mine incidents is that many of the mine victims seek medical care in the refugee camps in Tanzania, as incidents often occur along the border.
A Landmine Monitor field survey on the Burundi-Tanzania border in January 2002 identified 11 Burundi landmine survivors who were being treated in border hospitals inside Tanzania.[43] One landmine survivor interviewed had stepped on a landmine near the border with Tanzania on 7 September 2001.[44] Another survivor said that on 16 September 2001, while fleeing to Tanzania from Rutana, he was injured by a landmine and a male companion died on the spot.[45]
According to the Ministry of Defense, up to 1998, 80 people were killed and 187 seriously injured in mine-related incidents. Other sources claim that, between 1993 and 2000, there were 791 deaths in mine-related incidents.[46]
Burundi’s health care system has deteriorated since 1993, and the availability of basic medicines and health supplies is limited. In 2001, the ICRC provided medicines and other medical supplies to the Prince Regent Charles Hospital in Bujumbura, the military hospital in Kamenge, and the provincial hospitals of Gitega, Kirundo, Muyinga, Ngozi and Ruyigi. The supplies enabled the hospitals to treat almost 3,000 surgical cases, which included 69 mine/UXO casualties. In 2001, Médecins sans Frontières provided basic medical and surgical care to civilians in the Bujumbura, Bujumbura Rural, Cankuzo, Karuzi, Kayanza, and Makamba provinces.[47] The Jesuit Refugee Service also operated health posts in Buterere, Kinama, and Kiyange.[48]
The National Army began a program to assist military victims of the war in December 2000, which has now completed the first cycle of training war victims. The program entails the provision of medical rehabilitation and vocational training, in fields such as computer skills, electrical, masonry, and carpentry. When the training if completed, the graduates are returned to military barracks to carry out activities relevant to their training.[49] It is planned to continue the program, which assists only the military.
Handicap International Belgium (HIB) has a program to assist war victims, including mine victims, and other persons with disabilities.[50] In 2001, HIB supported three orthopedic workshops in Bujumbura, Gitega, and Muyinga providing physiotherapy, prosthetics, crutches, and tricycles. Ongoing training was given to 24 prosthetic technicians and 27 physiotherapists. HIB's program also included disability awareness raising activities and support for socio-economic reintegration.[51]
In May 2002, a newly established South African Company, Africa Medical Assistance (ASA) entered into an agreement with the Institute for National Social Security (INSS) in Burundi for the supply of prostheses. The first phase of the project is the supply of prostheses for approximately 100 patients. The provision of prostheses is linked to a physical rehabilitation training program and support for local authorities.[52]
| <BRUNEI DARUSSALAM | CAMEROON > |
[1] Statement by Ambassador Nahayo Adolphe, Burundi Permanent Representative to the Mission in Geneva, Intersessional Standing Committee Meetings, Geneva, 31 January 2002.
[2] Ibid.
[3] Ibid.
[4] Interview with Col. Nicodeme Nduhirubusa and Col. Juvenal Bujeje, Intersessional Standing
Committee Meetings, Geneva, 31 January 2002.
[5] Interview with Col. Juvenal Bujeje, officer in charge of landmine issues, Ministry of Defense,
Bujumbura, 10 February 2002.
[6] Interview with Col. Juvenal Bujeje, Ministry of Defense, Bujumbura, 7 April 2002.
[7] Interview with Col. Juvenal Bujeje, Ministry of Defense, Bujumbura, 29 May 2002.
[8] Meeting with HE Therence Sinunguruza, Minister of Foreign Affairs, Bujumbura, 25 July 2002.
[9] Landmine Monitor Report 2001, p.198.
[10] Letter addressed to the UNDDA Office and other International Organizations in Geneva from the Permanent Mission of Burundi to the UN in Geneva, 7 August 2001.
[11] Landmine Monitor Report 2001, p.198. Colonel Bujeje said the stockpile was “less than 15,000” antipersonnel mines.
[12] Presentation by Fabrice Delaître, GICHD, to intersessional Standing Committee meeting on Stockpile Destruction, Geneva, 31 January 2002.
[13] Landmine Monitor Report 2001, pp.199-202. The 1999, 2000, and 2001 Landmine Monitor Reports have reported allegations of use of antipersonnel mines on the border with Tanzania, in various areas of combat with rebels, near refugee/IDP camps, around the Bujumbura airport, at isolated military posts, and around economic infrastructure, as well as in the Democratic Republic of Congo.
[14] Statement by Ambassador Nahayo Adolphe, Burundi Permanent Representative to the Mission in Geneva, “Declaration de la delegation du Burundi a la troisieme assemblee des estats-parties a la convention d’Ottawa Managua,” Third Meeting of States Parties, Managua, Nicaragua, 18-21 September 2001.
[15] Interview, Col. Nicome Nduhirubusa and Col. Juvenal Bujeje, Geneva, 30 January 2002.
[16] Letter to Landmine Monitor Coordinator from Col. Nicodeme Nduhirubusa, Adviser to the Cabinet of the Minister of Foreign Relations and Cooperation, Bujumbura, 26 July 2002.
[17] Email from Médecins sans Frontières-Belgium. 23 July 2002; email to Landmine Monitor from Human Rights Watch staff in Burundi, 10 June 2002.
[18] Email to Landmine Monitor from Human Rights Watch staff in Burundi, 10 June 2002.
[19] Ibid., testimony taken in Bujumbura on 18 March 2002.
[20] Ibid.
[21] Confidential interview with UN official, Bujumbura, February 2002.
[22] Interview, Col. Nicome Nduhirubusa and Col. Juvenal Bujeje, Geneva, 30 January 2002.
[23] Statement by Ambassador Nahayo Adolphe, Burundi Permanent Representative to the Mission in Geneva, Intersessional Standing Committee Meetings, Geneva, 31 January 2002.
[24] Ibid.
[25] Letter from Col. Nicodeme Nduhirubusa, Adviser to the Cabinet of Minister of Foreign Relations and Cooperation, 26 July 2002.
[26] Report of Congolese human rights organization from the first quarter of 2002. The organization has requested anonymity.
[27] Ibid.
[28] Email to Landmine Monitor from Human Rights Watch staff in Burundi, 10 June 2002.
[29] Landmine Monitor Meeting with HE Therence Sinunguruza, Minister of Foreign Affairs, 25 July 2002.
[30] Report produced by Ben Lark, UNICEF consultant, May 2001. (untitled).
[31] Ibid.
[32] Ibid.
[33] Interview with Liliane Bigayimpunzi, UNICEF Protection Officer, Burundi, 17 January 2002.
[34] Report produced by Ben Lark, UNICEF consultant, May 2001.
[35] “Penurie de fonds pour les programmes de l’UNICEF (Burundi),” IRIN, Nairobi, Kenya, 31 May 2002.
[36] Report produced by Ben Lark, UNICEF consultant, May 2001.
[37] UN Security Unit, monthly data collection of mines incidents for 2001. The data does not give details on the number of casualties or whether killed or injured.
[38] U.S. State Department, Human Rights Report 2001, country report on Burundi.
http://www.state.gov/g/drl/rls/hrrpt/2001/af/8280.htm.
[39] Ibid.
[40] Ibid.
[41] Interview with Jean Luc Khister, Director, UN Security Unit, Bujumbura, 4 February 2002. Some NGOs are said to be reluctant to cooperate out of concern for the security of the victims and themselves.
[42] Interview with Muriel Gevaerts, former Burundi Program Coorindator, Handicap International Belgium, Bujumbura, 4 February 2002.
[43] Landmine Monitor/Tanzania, field survey in Tanzania, January 2002.
[44] Ibid. and visit to Heri Mission Hospital, Tanzania border, January 2002.
[45] Landmine Monitor/Tanzania, field survey in Tanzania, January 2002.
[46] See Landmine Monitor Report 2001, p. 203.
[47] “Burundi: Fever, hunger and war,” MSF Activity Report 2000-2001. http://www.msf.org.
[48] Jesuit Refugee Service Annual Report 2001.
[49] Interview with one of the trained disabled soldiers, November 2001. See also Landmine Monitor Report 2001, p. 204.
[50] Interview with Muriel Gevaerts, former Burundi Program Coordinator, Handicap International
Belgium, Bujumbura, 8 February 2002.
[51] Handicap International Belgium Activity Report 2001.
[52] Landmine Monitor (South Africa) interview with Christo Schutte, Africa Medical Assistance, 2 July 2002.
