Table of Contents

Country Reports

LM Report 2005

Burundi

Key developments since May 2004: On 8 November 2004, Burundi declared a stockpile of 1,212 antipersonnel mines, but was conducting further inventories of stocks. The increased number of mine casualties, particularly in Bujumbura Rural province where fighting has been taking place, indicates ongoing use of antipersonnel mines. However, Landmine Monitor has received very few specific allegations about use by either FNL rebels or Army forces. The UN supported the establishment of a mine action coordination center. In November 2004, Burundi announced plans for a national landmine impact survey to be conducted in 2005. In May 2005, DanChurchAid started mine clearance activities in Makamba province near the border with Tanzania. The Swiss Foundation for Mine Action postponed clearance activities planned for 2005; it carried out nationwide mine risk education during 2004. Total funding of US$6.5 million is sought for mine action in Burundi in 2005. UNICEF suspended its support for the Department for Civil Protection’s mine risk education program, awaiting creation of a national mine action authority. In 2004, there was a significant increase in the number of reported mine/UXO casualties. Burundi acknowledges that in terms of survivor assistance “everything remains to be done.” At the First Review Conference, Burundi was identified as one of 24 States Parties with the greatest needs and responsibility to provide survivor assistance.

Mine Ban Policy

The Republic of Burundi signed the Mine Ban Treaty on 3 December 1997, ratified it on 22 October 2003, and became a State Party on 1 April 2004.^[1] Burundi has not enacted national implementation legislation. In March 2004, it stated the intention “to proceed as soon as possible” with such legislation and requested assistance.^[2] In November 2004, Burundi stated that its “immediate object is to develop and adopt national legislation.”^[3] As of mid-2005, it is not known whether any progress had been made; a law was not known to have been drafted.^[4]

Burundi has submitted two Article 7 reports. Its initial Article 7 transparency report, which was due on 27 September 2004, was submitted on 8 November 2004. On 9 August 2005, Burundi submitted a second Article 7 report, covering the period 1 October 2004 to 30 April 2005. The report was due on 30 April 2005.^[5] Both reports included a voluntary Form J.

Burundi participated in the First Review Conference of the Mine Ban Treaty in Nairobi in November-December 2004. The delegation was headed by the Minister of Interior and Public Security, Colonel Donatien Sindakira.

Burundi participated in the intersessional meetings in Geneva in June 2005, where it made statements to the Standing Committee on Stockpile Destruction, and to the Standing Committee on Victim Assistance and Socio-Economic Reintegration.

Burundi has not yet made known its views on matters of interpretation and implementation related to Articles 1, 2 and 3 of the Mine Ban Treaty, which have been under discussion by States Parties for several years. In particular, this concerns the issues of joint military operations with non-States Parties, antivehicle mines with sensitive fuzes or antihandling devices, and the permissible number of mines retained for training.

Burundi is a signatory to the Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region of the Horn of Africa. The protocol includes mines in the definition of small arms.^[6] As of 25 July 2005, Burundi had not ratified the protocol.

Burundi participated in the First Summit of Heads of State and Government of the International Conference on Peace, Security, Democracy and Development in the Great Lakes Region, held in Dar-Es-Salaam, Tanzania, 19-20 November 2004. In the declaration, it committed itself to “promote common policies to put an end to the proliferation of illicit small arms and light weapons, as well as antipersonnel mines and...ensure the implementation of existing agreements and mechanisms.”^[7] At the First Meeting of the Regional Inter-Ministerial Committee (RIMC), in Kigali on 17-18 February 2005, Burundi and the other RIMC members agreed that stopping the proliferation and circulation of illicit small arms and light weapons, including antipersonnel mines, is a priority for peace and security.^[8]

Burundi took part in several other workshops and conferences on mine-related issues in 2004-2005, including a regional workshop for Africa on socioeconomic approaches to mine action planning and management on 9-13 May 2005, and a workshop on advancing landmine victim assistance in Africa on 31 May-2 June 2005.

Burundi is not a party to the Convention on Conventional Weapons.

On 17-18 November 2004, the Burundi Campaign to Ban Landmines, with the support of UNICEF, organized a landmine workshop in Bujumbura for officials, civil society and media in preparation for the First Review Conference. On 5 December 2004, the campaign organized a follow-up workshop. The Burundi Campaign was launched in February 2004, with the Centre d’Alerte et de Prévention de Conflits (CENAP) and International Center for Research and Dialogue Initiatives serving as co-chairs. In its initial Article 7 report, the government refers to the Burundi Campaign and states that CENAP signed an agreement with UNICEF in July 2004 to endorse the campaign’s activities to “sensitize public powers, military authorities and social partners to the implications and obligations linked to...” the Mine Ban Treaty.^[9]

Production, Transfer, and Stockpiling

Burundi states that there has never been production of antipersonnel mines in the country.^[10] Burundi is not known to have exported antipersonnel mines.

In its initial Article 7 report of November 2004, Burundi declared a stockpile of 1,212 POMZ-2M antipersonnel mines. The stockpile includes 1,200 mines from the Armed Forces and 12 from the former armed opposition, Conseil National pour le Défense de la Démocratie - Forces pour la Défense de la Démocratie (CNDD-FDD).^[11] In its Article 7 report of November 2004, Burundi noted that inventories of stocks were still in progress and the number of mines held by different forces remains to be confirmed.^[12] The subsequent Article 7 report of August 2005 also notes that an inventory of Burundi’s small stockpile of antipersonnel mines is still in progress.^[13] In February 2004, the CNDD-FDD stated that its stockpile is composed of Army mines cleared or captured from soldiers.^[14]

As of April 2005, the process of stock destruction had not yet begun.^[15] Burundi’s treaty-mandated deadline for completion of stockpile destruction is 1 April 2008.

Burundi has indicated that decisions about mines retained for training, as permitted under Article 3, can only be taken once the inventory is completed.^[16] Since August 2001, Burundi has repeatedly stated that it has a stockpile of only 1,200 antipersonnel mines, and that the mines are kept solely for training purposes.^[17] In June 2005, Burundi said that the mines were used for training in military demining techniques, and can be used for destroying other mines and unexploded ordnance.^[18] However, the number of mines Burundi has said it possesses for training has not decreased since August 2001.^[19] The CNDD-FDD has called for complete destruction of stockpiles, including those mines kept for training purposes.^[20]

Use

The increased number of mine casualties in Burundi, particularly in Bujumbura Rural province where fighting has taken place, is suggestive of ongoing use of antipersonnel mines. However, Landmine Monitor has received very few specific allegations of use by either rebel or Army forces in 2004 and to July 2005.

Since the Mine Ban Treaty entered into force for Burundi on 1 April 2004, there has been one notable allegation of use of antipersonnel mines by the Army. Landmine Monitor has been unable to confirm the allegation. On 24 June 2005, two people were killed when an antipersonnel mine exploded close to a military position on Kirambwe hill, in the commune of Mpanda, Bubanza province, about 10 kilometers from Bujumbura. The administrator of Mpanda, Fidèle Nyonkuru, said he thought the mine was laid by the new Burundi Army (FDN, Forces de Défense Nationale), and he asked the Army to clear the mines it had emplaced around its military posts before leaving.^[21]

Credible allegations of mine use by government forces in the past have come from a variety of sources, and have been cited in previous editions of the Landmine Monitor.^[22] Burundi officials have regularly denied such allegations, and have invited the international community to conduct a fact-finding investigation.^[23]

Non-State Actors

According to a representative of the Ministry of Defense, antipersonnel mine use by FNL-PALIPEHUTU (Forces Nationales de Libération-Parti pour la Liberation du Peuple Hutu) is ongoing, especially in Bujumbura Rural province, and is causing military casualties. He said the mines may come from or through neighboring Democratic Republic of Congo; further, that the rebels used both mines and booby-traps, and usually laid them when they saw soldiers approaching, rather than placing them in advance.^[24]

In 2004 and the first half of 2005, there were new mine casualties reported in Bujumbura Rural province where fighting continues between FNL-PALIPEHUTU and the Army. (See Landmine Casualties section below for details.)

A Ministry of Defense official expressed the view that every new incident and casualty is the result of new use, because the country is so crowded.^[25] According to the Swiss NGO Geneva Call, FNL-PALIPEHUTU officials claim not to use antipersonnel mines.^[26] They denied all allegations, including the Army’s allegations of use in Bujumbura Rural province in March and April 2004.^[27]

Landmine and ERW Problem

Burundi was contaminated with landmines and explosive remnants of war (ERW) during more than a decade of civil war in which both sides used antipersonnel mines. The exact scope and nature of the problem remain unknown. None of the parties involved in the armed conflict has kept records of their mine-laying activities.

The areas most heavily affected by mines and unexploded ordnance (UXO) are the capital province of Bujumbura Rural,^[28] the border with Tanzania (provinces of Makamba, Rutana, Ruyigi and Cankuzo), and the border with the Democratic Republic of Congo (Cibitoke and Bubanza provinces).^[29] In January 2005, the UN peacekeeping mission in Burundi warned its personnel and those of other UN agencies, international and local NGOs, not to use the road from Mugina to Mabayi in Cibitoke province, northwest of Burundi.^[30]

Former conflict positions of the warring parties, including churches, schools, water sources, forest edges, electricity pillars and borders with neighboring countries, are all suspected of being mine-contaminated.^[31] The International Rescue Committee reportedly ceased work on its water projects in Bujumbura Rural due to the presence of mines.^[32] According to the Ministry of Interior and Public Security, at least 36 communes were mine-affected at the end of September 2004.^[33] In April 2005, the Mine Action Coordination Center (MACC) reported that 57 communes had been identified as mine-affected.^[34]

Landmine Monitor is not aware of any mine/UXO affected or suspected areas having been marked. People most at risk are believed to be returning refugees and internally displaced persons (IDPs). Over 83,000 refugees returned to Burundi from January to September 2004, mainly through the most mine-affected provinces of Cankuzo, Makamba, Ruyigi and Rutana, on the eastern border with Tanzania.^[35]

Mine Action Coordination and Planning

The Department for Civil Protection (DCP), part of the Ministry of Interior and Public Security, is in charge of mine action. Burundi stated that the Public Security Minister had been designated as the responsible authority for humanitarian mine action.^[36] According to its August 2005 Article 7 report, it was planning to: “... soon publish documents relating to the implementation and operation of a national structure, National Center for the Coordination of Humanitarian Action Against Mines and Unexploded Ordnance, in order to regulate the national coordination of action against mines and unexploded ordnance, and a National Commission of Humanitarian Action Against Mines and Unexploded Ordnance in the Republic of Burundi comprised of representatives of the concerned Ministries, agencies of the United Nations, donors, and NGOs.”^[37]

The United Nations Operation in Burundi (Opération des Nations Unies au Burundi, ONUB), established in June 2004, was authorized to conduct mine action in support of its peacekeeping mandate. A Mine Action Coordination Center was established, which once the necessary decrees are adopted by parliament will become a national body within the Burundi government, rather than a UN mine action center as originally envisaged.^[38] MACC’s tasks are “to plan and coordinate all mine action activities in support of operational needs of ONUB, to assist the national authorities and partners in coordinating and implementing emergency mine action activities in support of humanitarian relief activities, including the repatriation of refugees and IDPs, and to encompass both current emergency response elements in support of the transitional recovery process as well as a long term national capability development.”^[39]

A draft strategy for mine action has been prepared with the objective that Burundi should become “free of the negative humanitarian and economic impact of landmines and explosive remnants of war by 2010.” This means, “that high priority sites are cleared and uncleared areas are marked, [and there is] active mine risk education, a rapid response team for emergency demining, and victim assistance.”^[40] To assist the transitional government to assume full responsibility for national mine action coordination and demining, a UN support project would be developed.^[41]

Standard operating procedures for clearance activities undertaken by ONUB peacekeeping forces have been prepared by MACC and approved.^[42] MACC enters information on affected areas on the Information Management System for Mine Action (IMSMA). User training for IMSMA has been underway since December 2004.^[43]

MACC will also be responsible for accreditation and quality control.^[44] On 25 October 2004, the government and the Swiss Foundation for Mine Action (FSD) signed an agreement allowing accreditation to start for FSD’s mine action program. FSD established an office in Bujumbura and operational headquarters in Gitega.^[45] FSD noted in its 2004 annual report that the accreditation procedure is proving long and laborious, with the choice of international experts being extremely sensitive: “The complex political situation, the current election process and the unpredictable level of security in the country are creating a wait-and-see attitude and a certain reticence on the part of the donor community.” Despite the perceived success of FSD’s mine risk education in Burundi, it “is not clear whether this project will continue in 2005.”^[46]

Survey and Assessment

At the First Review Conference of the Mine Ban Treaty in November-December 2004, Burundi announced that it planned a national impact survey in collaboration with MACC.^[47] FSD was contracted to conduct the General Community Survey of mine and UXO contamination in all 17 provinces from July to December 2005, at an estimated cost of $225,000; this survey would be administered by the UN Office for Project Services (UNOPS).^[48]

Mine and ERW Clearance

Under Article 5 of the Mine Ban Treaty, Burundi must destroy all antipersonnel mines from mined areas under its jurisdiction or control as soon as possible, but not later than 1 April 2014.

Clearance operations have been slow to start. According to the head of the Civil Protection Department, “Two years after the cease-fire, there is still no systematic mine clearance program.”^[49]

FSD and DanChurchAid were expected to begin training activities in March 2005 in order to become operational by April-May 2005.^[50] FSD postponed the launch of its activities. In May, DanChurchAid started clearance operations near Lake Nyanza using 20 locally recruited and trained deminers, to facilitate the return of refugees from Tanzania.^[51]

The UN High Commissioner for Refugees (UNHCR) has a program, Assistance to Sustainable Return and Reintegration in Burundi, that includes mine clearance as well as construction of shelters, and rehabilitation of schools and health centers.^[52]

There were no reports of any demining accidents to June 2005.

Mine Risk Education

International organizations active in mine risk education (MRE) in 2004 include UNICEF, DanChurchAid, FSD and Handicap International. National organizations include the Department for Civil Protection and National Council of Churches (CNEB, Conseil National des Eglises du Burundi).

In 2004, UNICEF suspended its support for the Department for Civil Protection’s MRE program, awaiting the creation of a national authority for humanitarian mine action, and due to a lack of funding.^[53] Burundi noted in its Article 7 report in August 2005 that five provincial coordinators and 14 community facilitators have been trained to train outreach workers at the community level, to ensure follow-up on mine risk education and to obtain data relating to mine casualties.^[54]

MACC and UNICEF collaborated in the development of new MRE tools during 2004, including the development of leaflets, posters and schoolbooks. A landmine safety training project was initiated by UNICEF and MACC. Since July 2004, 800 ONUB military and civilian staff, UN and NGO humanitarian aid workers have been trained.^[55] The project accords with International Mine Action Standards (IMAS), but national MRE standards based on IMAS have not been prepared.

On 6 December 2004, the Department for Civil Protection, in collaboration with the Burundi Campaign to Ban Landmines and FSD, launched a nationwide campaign, entitled Demining Minds, to raise public awareness and advise how people can protect themselves. The campaign covered the country in 15 days through a series of information workshops. As a result, more than 500 local associations in the 17 provinces joined the Burundi campaign. The Army and the opposition CNDD-FDD were also involved.^[56] CNDD-FDD spokesperson Gervais Rufyikiri stated that awareness campaigns have contributed to civilians informing local military units about mined or suspect areas, and requesting help to mark them.^[57]

In early 2005, Handicap International (HI) initiated a 14-month mine risk education and mine/UXO survivor assistance program in the most affected provinces of Makamba, Rutana, Ruyigi and Cankuzo, on the border with Tanzania. The MRE aspect of the project seeks to target approximately 169,000 refugees, 30,000 IDPs, 400,000 local people and around 500 humanitarian workers. HI has chosen a “direct and participatory approach, specifically directed towards children, to create a culture of attention and adequate behavior regarding the presence of antipersonnel mines and other unexploded ordnance.”^[58] HI reportedly began delivering its MRE program in the four provinces in April 2005.^[59]

The project established a network of two agents in each of the four affected provinces to conduct MRE sessions. MRE is generally undertaken with small groups in order to maximize participation, but where appropriate the teams also promote MRE at events such as ceremonies, masses, feasts, food distributions and vaccination sessions. MRE will also be conducted through schools, radio and theater. Recruitment of MRE staff started in April 2005.^[60] The project will be externally evaluated by a Knowledge, Attitude and Practice (KAP) study.^[61]

DanChurchAid, in addition to carrying out mine clearance in Makamba province, supports its local partner organization CNEB in building MRE capacity and mainstreaming MRE into its development and church activities. Following an assessment mission in March 2004, DanChurchAid also conducted MRE for refugees in the Kibondo camps in western Tanzania. The project was implemented as a rapid response to the refugees’ intended return to Burundi.^[62] In seven and a half months, with five national facilitators and one international staff member, the project reached 48,139 people in four refugee camps. The project cost some $50,000, or approximately $1 per person. It revealed that substantial capital and human resources are not needed for such MRE projects. The continuous awareness offered by the project resulted in high coverage, in comparison to time spent in the field. The capacity-building of trained MRE facilitators will also be useful for other organizations.^[63]

Funding and Assistance

In 2004, Burundi received €132,000 ($164,182) from Germany for UNICEF mine risk education.^[64] The government of Switzerland contributed CHF351,000 ($260,000) to FSD for rapid response system, MRE and international advocacy.^[65] ECHO provided approximately €500,000 ($621,900) to DanChurchAid for mine action activities, together with $50,000 of DanChurchAid’s own funds for MRE in the refugee camps.^[66]

Total funding sought for mine action programs in Burundi in 2005 was $6,540,650.^[67]

Landmine Casualties

In 2004, there were reportedly at least 320 new civilian mine/UXO casualties in Burundi.^[68] This represents an increase from the 235 mine/UXO casualties reported in 2003.^[69] Some actors working in Burundi told Landmine Monitor that they have not seen evidence of the high mine casualty rate in the field and further examination is necessary to determine if casualties also include other war-related injuries. The data is currently being crosschecked and verified through the community survey process.^[70]

MACC registered 318 new mine casualties in five of the 17 provinces,^[71] which are monitored by the Department for Civil Protection: 243 in Bujumbura Rural,^[72] 36 in Bubanza, 31 in Makamba, six in Rutana and two in Ruyigi. In most mine-affected provinces, reported casualties decreased by an average 20 percent, except in Bujumbura Rural province where the number of reported casualties increased by 35 percent. Of the reported casualties, 33 percent were killed, 25 percent were children, and 20 percent were women. In addition, on 25 November 2004, two children were killed in a mine incident in Cibitoke province, in the commune of Mabayi.^[73]

Information on military casualties is not publicly available, but there are reports that ongoing mine use by rebels would likely be causing military casualties, especially in Bujumbura Rural province.^[74]

Casualties continue to be reported in 2005, with at least 10 new civilian mine/UXO casualties in the first six months. On 28 April, in Bujumbura Rural province, four people, including two children, were injured by an antipersonnel mine on Muyaga hill in the commune of Kanyosha. On 2 May, three people were injured by a mine on Shingano hill in the commune of Nyabiraba, in Bujumbura Rural province.^[75] On 24 June 2005, two people, including a 16-year-old, were killed when an antipersonnel mine exploded close to a military position on Kirambwe hill in Bubanza province.^[76]

The total number of mine casualties in Burundi is not known. For the period covering 1997 to April 2005, more than 1,912 mine/UXO casualties have reportedly been recorded, of which 33 percent were killed.^[77]

Survivor Assistance

At the First Review Conference in November-December 2004, Burundi was identified as one of 24 States Parties with significant numbers of mine survivors, and with “the greatest responsibility to act, but also the greatest needs and expectations for assistance” in providing adequate services for the care, rehabilitation and reintegration of survivors.^[78] Burundi participated in the workshop on advancing landmine victim assistance in Africa, in Nairobi on 31 May-2 June 2005. The workshop was hosted by the co-chairs of the Standing Committee on Victim Assistance and Socio-Economic Reintegration to assist States Parties in developing a plan of action to meet the aims of the Nairobi Action Plan in relation to mine victim assistance.

Burundi submitted the voluntary Form J with its initial and second Article 7 reports, giving information on victim assistance and other issues. It reported that several victim assistance activities are being conducted within the framework of its social promotion policy.^[79] Burundi has acknowledged that of all of its treaty obligations, victim assistance is “the weakest link in the chain”^[80] and that “everything remains to be done.”^[81]

According to an assessment mission by UNMAS (UN Mine Action Service) in November 2004, a comprehensive victim assistance program should be developed. Services for persons with disabilities are minimal and further training of staff is essential.^[82] A national victim assistance strategy has been drafted by UNMAS, based on consultations with government officials, UN agencies and NGOs. It calls for comprehensive victim assistance programs through support to existing programs, a coordination mechanism, collection of data on casualties, promotion of employment of landmine survivors, and increased resource mobilization.^[83] The MACC office has employed two people with a disability in its office, including one landmine survivor.^[84]

The availability of qualified staff, basic medical supplies and medicines continues to be limited within Burundi’s healthcare system. Emergency care at the site of a mine explosion and fast transport to the nearest health facility are almost non-existent. Five hospitals can provide specialized care for mine casualties, but four of these are in the capital, Bujumbura. Serious cases are sent to hospitals in Kenya or in South Africa. Physiotherapy and orthopedic services are insufficient, and programs for psychosocial support and socioeconomic reintegration are in their infancy.^[85]

In July 2004, the government signed a memorandum of understanding with UNHCR, UNICEF and the World Health Organization to improve the quality of healthcare through the rehabilitation of 10 hospitals and 200 health centers in 10 provinces, and the provision of equipment and essential medicines.^[86]

In 2004, the Association pour l’Assistance aux Victimes de Mines (AVIMIN) was created to provide assistance to mine survivors. The association plans to conduct a socioeconomic impact survey.^[87]

The International Committee of the Red Cross continued during 2004 to support six hospitals in four provinces (Bujumbura, Kayanza, Ngozi and Gitega), with extra support for hospitals in Bujumbura for medical assistance to refugees from the Democratic Republic of Congo. Two hospitals, provided with surgical kits, treated 70 war-injured people in 2004.^[88]

Médecins sans Frontières France (MSF) conducted programs in Kirundo, Kayanza, Cibitoke, Bururi, Ngozi, Bujumbura Mairie and Makamba. However, MSF announced that it would cease activities in Burundi as of 1 June 2005, as it believes that development organizations can provide survivor assistance now that the conflict has ended. The NGO CORDAID was considering providing technical assistance to the hospital in Makamba after the departure of MSF.^[89] In 2004, MSF registered 23 mine survivors, and one in the first quarter of 2005.^[90]

The Indian NGO Help Handicapped International, with support from the Rotary Club of Bujumbura, runs the Jaipur Foot Center in Bujumbura. In 2004, the center fitted 123 prostheses, free of charge, including 20 for mine survivors.^[91]

Handicap International’s program to assist persons with disabilities, including war victims and mine survivors, supported four rehabilitation centers in 2004 by supplying equipment and material, production of technical aids, and training of technicians and physiotherapists. In 2005, a fifth center, the Center for Physical Rehabilitation in Makamba, is also being supported. In 2004, the centers assisted 4,516 persons (nine were mine survivors), providing 104 new prostheses, repairing 306 prostheses, and providing 302 crutches and 199 tricycles. Beneficiaries paid $30-$70 for prostheses. The centers also produced another 77 prostheses, 184 crutches and 200 tricycles in 2004. HI also supported two centers which offer services to children with multiple disabilities.^[92]

In early 2005, HI initiated a 14-month assistance program for persons with disabilities in the most mine-affected provinces of Makamba, Rutana, Ruyigi and Cankuzo, on the border with Tanzania. The direct beneficiaries are approximately 400 people in need of physiotherapy, and 250 people in need of lower limb prostheses and crutches. Renovation of the Center for Physical Rehabilitation in Makamba was completed in April 2005. HI is currently training four orthopedic technicians and four physiotherapists at the center.^[93]

The 2002 agreement between the Institute of National Social Security (INSS) and two South African companies, African Medical Assistance and AFRICURE, for the supply of prostheses for Burundian war-wounded and for treatment of injured military personnel in South Africa, was suspended in 2004 due to a shortfall in reimbursement of costs by the Burundi Government.^[94]

The neuro-psychiatric hospital of Kamenge is the only hospital that treats people with war trauma. The NGO Trans-cultural Psychosocial Organization (TPO), working in six provinces (Muyinga, Kirundo, Karusi, Gitega, Bubanza and Cibitoke), trained 500 volunteers in psychosocial support between 2000 and 2004.^[95]

Other organizations providing psychosocial support to persons with disabilities include the local NGO Trauma Healing and Reconciliation Services (which provides counseling to persons traumatized by the war in Gitega, Ruyigi, Ngozi, Muramvya and Makamba), the Burundian Association for Assistance of the Physically Disabled and the Union of Disabled Persons.^[96]

Disability Policy and Practice

No specific disability law exists in Burundi.^[97] Only two provisions relate to persons with disabilities: the social security law 1/010 of 16 June 1999; the decree 1/024 of April 1993, Reforming the Persons and Family Code, art. 359-370. The Ministry of Social Affairs and Promotion of Women is responsible for issues relating to mine survivors and other persons with disabilities, but collaborates with the Ministry of Health and Ministry of Displaced and Repatriated People.

The ministries drafted new national legislation on persons with disabilities, in collaboration with the local NGO Disabled Persons Union, which covers human rights, socioeconomic reintegration and rehabilitation. The legislation was submitted to the government in February 2004, with approval pending in mid-2005.^[98]

On 2 December 2004, Burundi launched the program for Demobilization, Reinsertion and Reintegration of up to 55,000 ex-combatants in the coming five years. The program includes provisions for specific treatment, such as physiotherapy and prostheses for those with war-related injuries.^[99]

Burundi’s new post-transition Constitution, enacted by Law No. 1/010 of 18 March 2005, includes the prohibition of discrimination based on disability.^[100]

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^[1] Domestic ratification was achieved with Law 1/010 on 22 July 2003.

^[2] Statement by Burundi, Workshop on Landmines in East Africa, the Great Lakes and the Horn of Africa, Nairobi, 2-4 March 2004, in “Report on the Workshop,” International Committee of the Red Cross (ICRC), p. 12. See Landmine Monitor Report 2004, pp. 232-233.

^[3] Article 7 Report, Form A, 8 November 2004 (1 April 2004-28 September 2004).

^[4] Email from Richard Desgagné, Regional Legal Advisor, ICRC, 4 May 2005; intervention of Dr. Augustin Rukeratabaro, Burundi delegate at Workshop on Advancing Landmine Victim Assistance in Africa, Nairobi, 31 May-2 June 2005; interview with Col. Adrien Ndikuriyo, Ministry of Defense, Geneva, 16 June 2005.

^[5] Landmine Monitor obtained a copy of the report submitted on 9 August 2005; however, as of 2 October 2005 it had not been posted to the UN website.

^[6] “The Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region of the Horn of Africa,” 21 April 2004, p. 3.

^[7] “Dar-Es-Salaam Declaration on Peace, Security, Democracy and Development in the Great Lakes Region,” First Summit of Heads of State and Government, International Conference on Peace, Security, Democracy and Development in the Great Lakes Region, Dar-Es-Salaam, 19-20 November 2004, p. 4.

^[8] “Report, Meeting of the Regional Inter-Ministerial Committee, Kigali, 17-18 February 2005,” p. 4. The RIMC meeting was the second phase of the International Conference of the Great Lakes Region, held in Kigali, 17-18 February 2005.

^[9] Article 7 Report, Form J, 8 November 2004. Members of the campaign include the Burundi Human Rights League “Iteka” (“Dignity”), Observatory of Governmental Action, Scouts Association of Burundi, and Collective of Youth Associations.

^[10] Article 7 Reports, Form E, 8 November 2004 and 9 August 2005.

^[11] Article 7 Reports, Form B, 8 November 2004 and 9 August 2005; interview with Col. Adrien Ndikuriyo, Ministry of Defense, Geneva, 16 June 2005. Article 7 reporting notes that for 1,200 of the mines, the lot numbers are impossible to identify because of the bad condition of the mines. See also Statement by Burundi, Standing Committee on Stockpile Destruction, Geneva, 15 June 2005.

^[12] Article 7 Report, Forms D and J, 8 November 2004.

^[13] Article 7 Report, Form D, 9 August 2005.

^[14] Interview with Gervais Rufyikiri, CNDD-FDD, 16 February 2004; statement by Hussein Radjabu, Secretary-General, CNDD-FDD, 20 February 2004. Gervais Rufyikiri is now President of the Senate.

^[15] Article 7 Report, Form F, 9 August 2005.

^[16] Article 7 Reports, Form D, 8 November 2004 and 9 August 2005.

^[17] See Landmine Monitor Report 2004, p. 233. The Article 7 reports submitted in November 2004 and August 2005 support this statement.

^[18] Statement by Burundi, Standing Committee on Stockpile Destruction, Geneva, 15 June 2005; interview with Col. Adrien Ndikuriyo, Ministry of Defense, Geneva, 16 June 2005.

^[19] Landmine Monitor Report 2004, p. 233. The Article 7 reports submitted in November 2004 and August 2005 support this statement.

^[20] Statement by CNDD-FDD representatives, ICBL/LM regional meeting, Bujumbura, 20 February 2004; statement by Hussein Radjabu, Secretary-General, CNDD-FDD, at the workshop, “From Bujumbura to Nairobi: a road without mines?,” 20 February 2004; Geneva Call, “Annual Report 2004,” p. 10.

^[21] Fidèle Nyonkuru was interviewed on Radio Sans Frontières Bonesha-FM, 27 June 2005. He later told Landmine Monitor that the incident occurred when the casualties were bringing water to the military position. Interview, 19 July 2005.

^[22] See Landmine Monitor Report 2004, pp. 234-237; Landmine Monitor Report 2003, pp. 509-512; Landmine Monitor Report 2002, pp. 538-540; Landmine Monitor Report 2001, pp. 199-202; Landmine Monitor Report 2000, pp. 153-154; Landmine Monitor Report 1999, p. 135.

^[23] See Landmine Monitor Report 2004, p. 234. Burundi did not respond to Landmine Monitor’s request for comment prior to publication of Landmine Monitor Report 2004 on the allegations of Army use in 2003 and early 2004.

^[24] Interview with Col. Adrien Ndikuriyo, Ministry of Defense, Geneva, 16 June 2005.

^[25] Interview with Col. Adrien Ndikuriyo, Ministry of Defense, Geneva, 16 June 2005.

^[26] Email from Pascal Bongard, Africa Program Coordinator, Geneva Call, 30 May 2005; Geneva Call, “Annual Report 2004,” p. 10.

^[27] The Army accused the FNL of having laid mines in Bujumbura Rural in March 2004 and on 4 April 2004, when four soldiers were injured and one killed on patrol in Muhata commune, 25 kilometers south of Bujumbura. Interview with Col. Adrien Ndikuriyo, Director, Engineers Department, Ministry of Defense, Geneva, 23 June 2004; “Violent clashes raging west of Bujumbura,” Panafrican News Agency, 15 March 2004; “Fighting between rebels and army in southwestern Burundi kills four people,” Associated Press, 5 April 2004. The latter article contains a denial from rebel spokesman Pasteur Habimana.

^[28] On 17 November 2004, an antipersonnel mine exploded in Gikungu neighborhood in Bujumbura, which had not known any mine incidents since 1996. There were no casualties. Radio Publique Africaine, 18 November 2004.

^[29] Email to ICBL from Kathleen Lawand, ICRC, 16 December 2004.

^[30] Email from Col. Carlos Aleman, Chief, Civilian-Military Cooperation (CIMIC), United Nations Operation in Burundi (ONUB), 5 January 2005.

^[31] Article 7 Report, Form C, 8 November 2004.

^[32] Email to ICBL from Kathleen Lawand, ICRC, 16 December 2004.

^[33] Article 7 Report, Form C, 8 November 2004.

^[34] “Burundi Mine Action Status - April 2005,” Mine Action Coordination Center (MACC), Bujumbura.

^[35] “Mine Risk Education and Assistance to Disabled Persons and Mine/UXO survivors in Burundi, 1 November 2004-31 December 2005,” Project document, Handicap International, 4 November 2004.

^[36] Article 7 Reports, Form A, 8 November 2004 and 9 August 2005.

^[37] Article 7 Report, Form A, 9 August 2005. Translated by Landmine Monitor (MAC). The statement by Burundi at the Nairobi Summit on a Mine-Free World (First Review Conference), 29 November-3 December 2004, also included a reference to new national coordinating bodies.

^[38] UN Security Council Resolution 1545 (2004) of 21 May 2004 authorized a UN operation in Burundi for an initial six-month period. UN Security Council Resolution 1577 (2004) of 1 December 2004 extended the mandate of ONUB until 1 June 2005. The UN Mine Action Service (UNMAS) and UN Office for Project Services (UNOPS) signed a Memorandum of Agreement for UNOPS to support UN mine action in Burundi.

^[39] Presentation by Col. Antoine Nimbesha, General Director, Civil Protection Department, Ministry of Interior and Public Security, Regional Workshop for Africa on Socio-Economic Approaches to Mine Action Planning and Management, International Mine Action Training Centre, Nairobi, 9-13 May 2005; UN Security Council, “First Report of the Secretary-General on the United Nations Operation in Burundi,” 25 August 2004, p. 11.

^[40] Presentation by Col. Antoine Nimbesha, Ministry of Interior and Public Security, Regional Workshop for Africa on Socio-Economic Approaches to Mine Action Planning and Management, Nairobi, 9-13 May 2005.

^[41] UN Security Council, “Third Report of the Secretary-General on the United Nations Operation in Burundi,” 8 March 2005, p. 7. Burundi’s transitional government was set up following the signing of a peace and reconciliation accord in August 2000. The transitional period was initially for a three-year term and was extended by regional leaders to facilitate the holding of a constitutional referendum, as well as general elections. The first post-war government was formed at the end of August 2005. www.irinnews.org and news.bbc.co.uk, accessed 31 August 2005.

^[42] UN Security Council, “First Report of the Secretary-General on the United Nations Operation in Burundi,” 25 August 2004, p. 11.

^[43] Article 7 Report, Form C, 8 November 2004; “Burundi Mine Action Status - April 2005,” MACC, Bujumbura.

^[44] Article 7 Report, Form A, 8 November 2004.

^[45] FSD, “Annual Report 2004,” pp. 8-9.

^[46] FSD, “Annual Report 2004,” p. 9.

^[47] Statement of Burundi, First Review Conference, Nairobi, 29 November-3 December 2004.

^[48] “Emergency Landmine Impact Survey in Burundi 2005,” UNOPS Projects, www.mineaction.org, accessed 18 July 2005; “Burundi Mine Action Status - April 2005,” MACC, Bujumbura.

^[49] “Burundi’s landmines keep on killing,” Mail and Guardian, 9 December 2004; “Burundi: Landmines keep killing two years after cease-fire,” IRIN, 9 December 2004.

^[50] UN Security Council, “Third Report of the Secretary-General on the United Nations Operation in Burundi,” 8 March 2005, p. 7.

^[51] Interview with Jean Rémy, Program Manager, DanChurchAid, Bujumbura, 14 May and 8 June 2005.

^[52] “Burundi reintegration to receive $300,000 boost from OPEC,” Reuters (Geneva), 21 March 2005.

^[53] Interview with Lawrence Fayoll, Protection Officer, UNICEF, Bujumbura, 8 May 2005.

^[54] Article 7 Report, Form I, 9 August 2005.

^[55] UN Security Council, “Second Report of the Secretary-General on the United Nations Operation in Burundi,” 15 November 2004, p. 12; interview with Lawrence Fayoll, Protection Officer, UNICEF, Bujumbura, 8 May 2005; “Burundi Mine Action Status - April 2005,” MACC, Bujumbura.

^[56] “Burundi’s landmines keep on killing,” Mail and Guardian, 9 December 2004; “Burundi: Landmines keep killing two years after cease-fire,” IRIN, 9 December 2004; FSD, “Annual Report 2004,” pp. 8-9.

^[57] “Burundi’s landmines keep on killing,” Mail and Guardian, 9 December 2004; “Burundi: Landmines keep killing two years after cease-fire,” IRIN, 9 December 2004.

^[58] Email from Juerg Friedli, Program Director, HI Burundi, 9 May 2005.

^[59] Article 7 Report, Form I, 9 August 2005.

^[60] Interview with Ema Macia, Project Coordinator, PEPAM (Les programmes d’éducation pour la prevention des accidents par mines et autres engines explosives), Bujumbura, 9 May 2005.

^[61] “Mine Risk Education and Assistance to Disabled Persons and Mine/UXO survivors in Burundi, 1 November 2004-31 December 2005,” Project document, HI Belgium, 4 November 2004.

^[62] Letter from Eva Veble, DanChurchAid, 28 April 2004, and email 3 June 2004.

^[63] DanChurchAid, “Evaluation of the Mine Risk Education Project for the Burundian Refugees in Kibondo-Tanzania,” pp. 3, 10. Average exchange rate for 2004: €1 = $1.2438, used throughout this report. US Federal Reserve, “List of Exchange Rates (Annual),” 3 January 2005.

^[64] Germany Article 7 Report, Form J, 15 April 2005; email from Dirk Roland Haupt, Federal Foreign Office, Division 241, 25 July 2005.

^[65] UNMAS, Mine Action Investments database; email from Janine Voigt, Diplomatic Collaborator, Ministry of Foreign Affairs, 1 July 2005. Rate of exchange for 2004 according to fixed rate specified by donor: $1 = CH1.35, used throughout this report.

^[66] Email to Landmine Monitor from DanChurchAid (no date).

^[67] UN, “Portfolio of Mine Action Projects 2005,” p. 75.

^[68] Unless otherwise stated, all information in this section is from “Preliminary Data on Mine/UXO victims in Burundi - 1993 to December 2004,” provided by Gérard Chagniot, MACC, 29 April 2005. This did not specify the type of ordnance that caused the incident. Due to improved data collection, the number of casualties in 2003 increased from the 174 new mine/UXO casualties reported in Landmine Monitor Report 2004, p. 241.

^[69] Article 7 Report, Form C, 8 November 2004.

^[70] Email to Landmine Monitor (HI) from Gérard Chagniot, MACC, 3 October 2005.

^[71] The Article 7 Report, Form C, 9 August 2005, also reported 318 new casualties in 2004.

^[72] For the province of Bujumbura Rural, data was recorded only up to August 2004.

^[73] Radio Sans Frontières Bonesha FM, 26 November 2004.

^[74] Interview with Col. Adrien Ndikuriyo, Ministry of Defense, Geneva, 16 June 2005.

^[75] Radio Publique Africaine, 2 May 2005.

^[76] Radio Sans Frontières Bonesha FM, 27 June 2005.

^[77] Article 7 Report, Form C, 9 August 2005.

^[78] United Nations, Final Report, First Review Conference of the States Parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, Nairobi, 29 November-3 December 2004, APLC/CONF/2004/5, 9 February 2005, p. 33.

^[79] Article 7 Reports, Form J, 8 November 2004 and 9 August 2005.

^[80] Statement by Burundi, First Review Conference, Nairobi, 29 November-3 December 2004.

^[81] Statement by Burundi, Standing Committee on Victim Assistance and Socio-Economic Reintegration, Geneva, 16 June 2005.

^[82] UNMAS Victim Assistance Officer, “Mission Report: Victim Assistance Mission to Burundi,” 21-27 November 2004.

^[83] Draft “National Victim Assistance Strategy for Burundi” provided by Akiko Ikeda, Victim Assistance Officer, UNMAS, 12 July 2005.

^[84] Email to Landmine Monitor (HI) from Akiko Ikeda, UNMAS, 27 July 2005.

^[85] Presentation by Burundi, Workshop on Advancing Landmine Assistance in Africa, Nairobi, 31 May-2 June 2005; for details, see also Landmine Monitor Report 2004, pp. 242-244.

^[86] “UN agencies team up to provide health care for refugees returning to Burundi,” UN News Service, 22 July 2004.

^[87] Interview with Adolphe Ngiyindanga, Legal Representative, AVIMIN, Bujumbura, 11 May 2005.

^[88] Interview with Gilbert Niyonkuru, Communication Officer, ICRC, Bujumbura, 9 May 2005; see also ICRC, “Annual Report 2004,” June 2005, p. 59.

^[89] Open email to NGOs in Burundi from Médecins sans Frontières France, 26 April 2005.

^[90] Interview with Fabio Pompettai, Head of Mission, MSF Belgium, Bujumbura, 27 April 2005.

^[91] Interview with Fabiola Ntirushwubwenge, Project Manager, Jaipur Foot Center, Bujumbura, 21 April 2005.

^[92] Email from Juerg Friedli, Program Director, Handicap International, 18 July 2005. For details of the centers, see Landmine Monitor Report 2004, p. 243.

^[93] “Mine Risk Education and Assistance to Disabled Persons and Mine/UXO survivors in Burundi, 1 November 2004-31 December 2005,” Project document, Handicap International, 4 November 2004; emails from Juerg Friedli, Program Director, Handicap International, Burundi, 9 May and 18 July 2005.

^[94] Interview with Laurent Nahimana, Director of Studies, INSS, Bujumbura, 26 May 2005.

^[95] Interview with Herman Ndayisaba, Director, TPO, Bujumbura, 15 May 2005.

^[96] Presentation by Burundi, Standing Committee on Victim Assistance and Socio-Economic Reintegration, Geneva, 23 June 2004.

^[97] For more details, see Landmine Monitor Report 2004, pp. 244-245.

^[98] UNMAS Victim Assistance Officer, “Mission report: Victim Assistance Mission to Burundi,” 21 November-27 November 2004.

^[99] Interview with Brig. Gen. Libère Hicuburundi, Head of Information and Sensitization, National Commission for Demobilization, Reinsertion and Reintegration, Bujumbura, 29 April 2005.

^[100] Constitution of Burundi, Article 22, Chapter 1, Title II, 18 March 2005.