Commitment to the Convention on Cluster Munitions

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.

In April 2013, a government official informed the CMC that Burundi intended to expand its existing national implementation legislation for the Mine Ban Treaty to address cluster munitions and said that steps to that end were being undertaken in parliament.[1] In May 2013, another government official said that national implementation legislation was in preparation.[2] In September 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] In May 2012, a government official stated that a group had been convened to draft implementing legislation.[4]

At the Third Meeting of States Parties in September 2012, Burundi reported that a national operational structure has been put in place to carry out the implementation of the provisions of the Convention on Cluster Munitions and other related treaties that Burundi has joined, such as the Mine Ban Treaty.[5]

Burundi submitted its initial Article 7 report in early 2011, but as of 25 June 2013 still had not submitted annual updated reports for 2012 or 2013.[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 continued to actively engage in the work of the Convention on Cluster Munitions in 2012 and the first half of 2013. It attended the convention’s Third Meeting of States Parties in Oslo, Norway in September 2012, the intersessional meetings in Geneva in April 2013, and a regional meeting on universalization of the convention held in Lomé, Togo in May 2013.

Burundi publicly promoted universalization of the convention several times in 2012. At the Third Meeting of States Parties, Burundi encouraged all countries that have not yet done so to join the convention and pledged that it would “spare no effort to educate other countries to ratify” as a way to strengthen security in the region and the world.[8]

Burundi has not made a national statement condemning Syria’s use of cluster munitions, but it voted in favor of a UN General Assembly (UNGA) resolution on 15 May 2013 that strongly condemned “the use by the Syrian authorities of...cluster munitions.”[9] It also endorsed the Lomé Strategy on the Universalization of the Convention on Cluster Munitions at the regional meeting held in May 2013, which expresses “grave concern over the recent and on-going use of cluster munitions” and calls for the immediate end to the use of these weapons.[10]

Burundi has expressed its views on certain important issues related to the interpretation and implementation of the convention. In March 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 considers the transit and foreign stockpiling of cluster munitions on or across the territories of States Parties to be prohibited.[11]

Burundi is party to the Convention on Conventional Weapons (CCW) as of 13 July 2012 after ratifying two of its protocols.[12]

Use, production, transfer, and stockpiling

Burundi has stated that is has never used, produced, stockpiled, or transferred cluster munitions, nor has it any intention of acquiring them.[13] In 2011, Burundi declared that it has no stockpile of cluster munitions, including for training or research purposes.[14]

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

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.

Casualties and Victim Assistance

Summary findings

·         A lack of financial resources prevented authorities from developing a national database of mine/explosive remnants of war (ERW) victims and their needs, as had been planned for 2012

·         Fees for service were a barrier for many survivors seeking to access physical rehabilitation

·         Regular meetings of the multisectoral victim assistance committee improved coordination, including by linking implementation of the Mine Ban Treaty and the national law on the rights of persons with disabilities; however, progress implementing the national victim assistance plan was prevented by a lack of funds

Victim assistance commitments

The Republic of Burundi is responsible for a significant number of survivors of landmines and ERW who are in need. Burundi has made commitments to provide victim assistance through the Mine Ban Treaty.

Casualties Overview

In 2012, the Monitor identified no new casualties from mines/ERW in Burundi. While this is in line with annual casualty figures that have been declining since a peak in 2005, it is likely that casualties may have occurred but were not recorded, since the Humanitarian Department for Mine/Unexploded Ordnance Action (Direction de l’Action Humanitaire contre les Mines et Engins non explosés, DAHMI) did not collect any casualty data after 2009.[1] The last confirmed mine and ERW casualties occurred in 2009.

In June 2010, Burundi estimated that the total number of casualties was 6,000.[2] However, no further details were available. While DAHMI recognized that there was a need to conduct a survey to evaluate the exact number of mine/ERW victims in Burundi and identify their needs, no resources were available in 2012 to do this.[3] By 2011, there were 1,561 casualties officially identified in DAHMI’s database.[4]

Victim assistance

There were estimated to be 5,000 survivors in Burundi.[5]

Victim assistance in 2012

In 2012, implementation of the National Victim Assistance Action Plan 2011–2014 did not follow the established timeline.[6] While the Interministerial and Inter-sectoral Coordinating Committee for Victim Assistance met several times throughout the year, little progress was made in implementing the Action Plan due to a lack of funding. Victim assistance stakeholders did not note any major changes in the availability or accessibility of services for survivors in 2012, although donor funding available for victim assistance was reported to have increased.[7]

Assessing victim assistance needs

The National Victim Assistance Action Plan, adopted in 2011, includes a target to conduct a qualitative survey on persons with disabilities and their needs by the end of the first half of 2012. By the end of the year, DAHMI had developed a plan to build the national database of victims and to survey the needs of survivors.[8] However, the database was not developed nor was the survey implemented due to a lack of funding.[9]

Victim assistance coordination[10]

Burundi’s National Victim Assistance Action Plan 2011–2014 aims to improve victim assistance across seven thematic areas: immediate and continued health care; physical rehabilitation; psychosocial and peer support; inclusive education; social and economic inclusion, including community-based rehabilitation; inclusive development; and data collection, legislation and policies, and coordination.[11]

The Interministerial and Inter-sectoral Coordinating Committee for Victim Assistance was founded in 2011 to monitor and report on the implementation of the Action Plan, to define public policies to improve the delivery of services, to link relevant ministries, agencies, service providers, and donors, as well as to support the government in responding to its commitments under national law for the protection of the rights of persons with disabilities. In 2012, the committee held five meetings; however, due to a lack of funding, it was unable to implement the Action Plan.[12] Meetings were facilitated by DAHMI and included representatives of the ministries of national solidarity, education, defense, public health, and culture, as well as representatives of NGOs and disabled persons’ organizations.[13]

Burundi provided information on victim assistance activities in Form J of its Mine Ban Treaty Article 7 report, submitted for the period from April 2006 to April 2012.[14] Burundi gave updates on victim assistance at the intersessional Standing Committee meetings in May 2012 and at the Twelfth Meeting of States Parties to the Mine Ban Treaty in December 2012.[15]

Inclusion and participation in victim assistance

Representatives of the Union of Persons with Disabilities of Burundi (Union des Personnes Handicapées du Burundi, UPHB) and of the Center for Training and Development of Ex-Combatants (CEDAC), an organization with survivors included within its membership, participated in meetings of the Coordinating Committee for Victim Assistance in 2012.[16] Some survivors were involved in the implementation of economic inclusion and peer support projects through NGO service providers.[17]

Service accessibility and effectiveness

Victim assistance activities: 2012[18]

While training programs continue to improve the capacity of staff, access to appropriate physical rehabilitation services remained difficult in 2012 for most of those in need. The greatest obstacles for accessing services remained the lack of facilities and professionals and the cost of treatment, since users had to pay for the services.[19]

The ICRC continued its collaboration with the ISK in Bujumbura, which targeted services for people in the areas of Burundi that were the most severely contaminated by weapons. In 2012, to improve the accessibility of services the ICRC finalized the construction of a dormitory at the ISK and began reimbursing the costs of accommodation and meals for patients. Throughout the year, the ICRC continued to provide management assistance and training, specifically in calculating the costs of services and in cost recovery for ISK directors. By the end of 2012, the ISK took over the full financial responsibilities to cover all related running costs for its physical rehabilitation services.[20]

HI continued an economic inclusion initiative in 2012 in five provinces. Since the project was launched in 2011, it has worked with 1,618 former combatants with disabilities including mine/ERW survivors, although no data was available on the number of survivors included.[21] The project was specifically designed for former combatants with disabilities and supported access to medical care, including physical rehabilitation services, psychosocial support, and social and economic inclusion services.[22]

In 2012, CEDAC continued implementing an economic inclusion project and providing psychosocial support for survivors through a peer support initiative in three provinces. The economic inclusion project focused primarily on women with disabilities from mine/ERW incidents.[23] Funding for the projects of CEDAC was reported to have increased in 2012, with funding mobilized from Action on Armed Violence and UNDP for the activities.[24]

The constitution prohibits discrimination against persons with disabilities. However, the government lacked the capacity and funding to promote or protect the rights of persons with disabilities. The government did not enact legislation or otherwise mandate access to buildings, information, or government services for persons with disabilities.[25]

Burundi signed the Convention on the Rights of Persons with Disabilities (CRPD) on 26 April 2007 and ratification remained under consideration as of the end of 2012.[26]

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 surveying was ongoing.[1]

In 2012, Switzerland contributed CHF70,000 (US$74,651) to Mines Advisory Group towards mine clearance in Burundi.[2]

Burundi did not report any contributions to its mine action program in 2012.

Summary of international contributions: 2008–2012[3]