Introduction
Interethnic conflicts were ongoing in Burundi from its independence from Belgium in 1962 until the signing of various peace agreements in 2008. This constant conflict was punctuated by sporadic but interconnected civil wars in 1965, 1972, 1988 and 1991, in addition to multiple coups (Ngaruko & Nkurunziza, 2005). The largest civil war, which lasted from 1993 to 2005, resulted in widespread systematic killings, abuse and sexual violence (Gumede, 2020).
The Arusha Peace Agreement of 2000 addressed cycles of related ethnic conflict and violence in Burundi as well as neighbouring Democratic Republic of the Congo (DRC) and Rwanda. Burundi’s Truth and Reconciliation Commission (Commission Vérité et Reconciliation, or CVR) was established as a condition of that agreement. The commission was officially established by President Pierre Nkurunziza in 2014 and its work began in 2016, covering the period from 1885 to 2008.
The violence between ethnic groups, particularly massacres of Hutus, resulted in Burundi’s civil wars being classified by many as genocides. Among other human rights violations, mass killings and conflict-related sexual violence (CRSV) were committed strategically and as a tactic of war by armed rebels and army soldiers, as well as by opportunistic looters (FIDH & Ligue ITEKA, 2016). The CVR has not published its final report. Its interim progress reports have mainly focused on uncovering graves and recovering the remains of those killed. They also provide evidence of widespread sexual violence.
Conflict and Prevalence of Sexual Violence
The majority of conflicts throughout Burundi’s history have been founded in tensions between the Hutu majority and the Tutsi minority. Divisions and strife between Hutus and Tutsis in Burundi date back to exclusionary policies during Belgian colonial rule, which included reforming chieftaincies and imposing regional distinctions to strictly differentiate and stratify the two groups. Hutu rebellions or insurgencies against Tutsi governance and a social order and hierarchy that marginalised them were the main cause of each of the civil wars (Ngaruko & Nkurunziza, 2005).
One of the most violent conflicts, regarded as the first genocide in the country, unfolded in 1972, when Hutus systematically targeted Tutsis in the province of Bururi. This led to a severe backlash and widespread killings that resulted in the deaths of more than 200,000 Hutus (Lemarchand, 1994). The violence initiated by Hutu groups in reaction to the discrimination they faced was met with strong opposition from the dominant Tutsi leadership and army, resulting in massacres of Hutu people and validating the Tutsi leadership in the further oppression of Hutus throughout the country (Wilén, 2014, p. 334).
Each civil war resulted in up to hundreds of thousands of deaths, with many more fleeing Burundi into Rwanda, Zaire (now DRC) and Tanzania (Boshoff et al., 2010). Burundi’s conflicts were deeply entangled with the political situations in neighbouring Rwanda and the DRC. Ethnic divisions, militias and refugees expanded throughout the region, contributing in various ways to devastating humanitarian situations and inciting greater conflict (Young, 2006).
Following the 1993 assassination of the first democratically elected Hutu president, Ndadaye Melchoir, by the Tutsi-dominated army, Burundi entered its heaviest period of conflict and last civil war, lasting until 2005 (Dijkman et al., 2014). The civil war was heavily influenced by crises in neighbouring countries, including the Rwandan genocide and the Second Congo War. After a plane crash in 1994 killed President Cyprien Ntaryamira, Melchoir’s successor, Hutu violence against Tutsis and moderate Hutus escalated, with at least 300,000 people killed and an estimated one million displaced (Boshoff et al., 2010, p. 3; OMCT, 2001; Ngaruko & Nkurunziza, 2005). Due to the extent and systematic nature of the violence, the conflict in Burundi has been classified by many as genocide (Ndimurwimo & Mbao, 2015; Dijkman et al., 2014).
Ethnic tensions remained an undercurrent throughout these multiple conflicts, with alliances predominantly formed along ethnic lines. Nevertheless, given the extended duration of the upheavals, these alliances and the main actors experienced changes. In addition to the government and the military, the main actors during the civil wars included the Council National pour la Defence de Democracy-Force pour la Defence de Democracy (CNDD-FDD), or National Council for the Defence of Democracy-Force for the Defence of Democracy, which had a youth wing called the Imbonerakure, and the Palipehutu-Forces for National Liberation (FNL), or National Liberation Force, a Hutu-dominated rebel group. The government was held by Tutsi military dictatorships from 1965 to 1993, after which the first Hutu president was elected (Jamar & Major, 2022, p. 66).
As in the surrounding conflicts in the Great Lakes region, widespread and particularly violent CRSV featured prominently within Burundi throughout its waves of violence. This reached its peak in the period of 1993–2005, when the presence of armed forces and rebels became prevalent throughout the country, which was correlated with high rates of sexual violence (Zicherman, 2007, p. 48; Daley, 2007). The CRSV included sexual slavery, mutilation, coerced incest, forced impregnation, forced prostitution, sexual humiliation, and rape. Due to a lack of documentation, however, there are no official statistics or overview of the violence committed (Nibigira & Scanlon, 2010, p. 9; OMCT, 2001, p. 22).
The extensive displacement crisis stemming from the conflict also correlated with severe human rights abuses and CRSV, predominantly affecting women and girls, where instances of forced marriage and rape occurred both within camps and in other contexts (Nibigira & Scanlon, 2010, p. 9). High rates of HIV/AIDS have been correlated in Burundi with victims of rape, causing ongoing repercussions for women’s health and life expectancy (Nduwimana, 2004; OMCT, 2001).
A study on the perceptions of CRSV within the main rebel groups, CNDD-FDD and FNL, revealed two generally disparate opinions and patterns (Sellström, 2019). Former fighters with CNDD-FDD portrayed CRSV as a normal, harmless and romantic encounter that fulfils men’s natural desire (pp. 282–283). Alternatively, for FNL ex-combatants, sexual violence was prohibited and described as disruptive and corrupting to their clearly defined code of conduct (pp. 283–284). The punishment for rape and CRSV also varied significantly between the groups. CNDD-FDD rules and penalties were vague, whereas FNL members had a clear and non-negotiable death penalty for rape. There have been reports of sexual violence by FNL, but the group has only been associated with a handful of attacks – far fewer than the CNDD-FDD and government forces (p. 282).
Men were targeted through CRSV, in addition to women, and documented cases demonstrate the prevalence of torture, mutilation and rape, all of which occurred prominently in detention (FIDH & Ligue ITEKA, 2016). This pattern continued post-conflict as well, with one study of registered rapes between January and September 2016 finding that women comprised about 82% of victims and men comprised about 13%, with the gender of the remaining percentage unspecified (REFELA-UCLG, 2018, p. 18).
The conflicts also affected patterns around sexual violence in society. In addition to armed rebels and army soldiers, the degradation of social norms and rule of law led to an increase in sexual violence perpetrated by civilians, including family and members of civil society (Zicherman, 2007, p. 48). Reportedly, these cases surpassed those committed by people directly involved with the conflict, demonstrating a shift of CRSV becoming embedded and normalised within society – a trend which can persist when political strife has ceased (Zicherman, 2007, p. 48).
Despite clear evidence of its prevalence throughout the conflicts, the full extent of CRSV in Burundi remains unclear. With a lack of consistent and reliable methods of measuring and recording incidents of sexual violence, attempts to quantify the rates of CRSV are incomplete and can be contradictory (Dijkman et al., 2010)
Contributing Factors around Sexual Violence
Under Burundi’s legal system, women do not enjoy the same rights as men and are essentially designated as second-class citizens, dependent upon men and with few independent rights (OMCT, 2001). Customary courts deal with the vast majority of cases in Burundi, including family matters, property and inheritance. All the judges are male and the prevailing patriarchal mentality within this system results in women facing significant discrimination and having little legal protection (Sinha & Djankov, 2023). This trend translates to Burundian society, where women have a low socioeconomic status (Zicherman, 2007, p. 48).
As a taboo subject, sexual violence faces significant stigma within Burundi. Silence around the subject of sex, and sexual violence, is normalised and integrated into the culture (Zicherman, 2007, p. 49; Dijkman et al., 2010, p. 8). Whereas pursuing judicial redress is rare, expensive and often treated ineffectually, informal methods of resolving cases of sexual violence are common and socially acceptable (Nibigira & Scanlon, 2010, p. 19; Nduwimana, 2004, p. 70). If a case is brought to court, women can face significant shame and blame within the judicial process and from their family and community. Marital rape is often not considered a serious or valid form of rape (OMCT, 2001, pp. 13–14). Many people are also unaware of laws pertaining to sexual violence, which contributes to underreporting (Dijkman et al., 2010). In addition, complaints are often not filed because of the established culture of impunity for perpetrators of sexual violence and the prevalence of perpetrators within the security forces (OMCT, 2001)
The persistent denial of CRSV and sexual violence during the conflicts in Burundi has led to limited awareness and insufficient attention to these crimes, and thus inadequate support for victims/survivors. Largely, this centred on the genocides, with perpetrators concealing evidence, intimidating or threatening witnesses, and securing impunity for many crimes, including CRSV (Ndarubagiye, 1996; OMCT, 2001, p. 19). This is possible, to a large extent, because of the high prevalence of perpetrators within the security forces (UN, 2020, p. 11). Some military leaders have been overt in their denial of rape, placing the blame on victims/survivors or deflecting allegations onto rebel forces. There are many reports of military leaders transferring perpetrators after sexual assaults, thereby preventing victims/survivors from pursuing justice (OMCT, 2001). In one case, the army chief of staff stated that women made allegations of rape when they were not paid for sex work (Nduwimana, 2004, p. 70).
The conflicts resulted in many refugees and internally displaced persons, creating conditions which increase the likelihood of sexual violence (Dijkman et al., 2014). According to the rules around inheritance under customary law, this displacement further disadvantages women because they are unable to return to their homes if the man in their family was killed, leaving them vulnerable to violence (OMCT, 2001, pp. 11–12).
Local civil society groups and international organisations have contributed to the adoption of numerous programmes and services designed to combat and prevent sexual violence and support victims/survivors (Saiget, 2019). In terms of a coordinated country-wide approach, the Burundi government developed a National Protocol on the Treatment of Sexual Violence in 2008; however, it did not translate into widespread training and support as envisioned (Zicherman, 2007, p. 49).
Concerning legislation addressing gender-based violence, Burundi has intermittently enhanced its legal safeguards; however, their degree of implementation has varied. Since 1981, the Burundi penal code has included a prison sentence of 5–15 years for rape (Sellström, 2019, p. 276). However, the penal code, like the rest of the legal system in place for the majority of the conflicts, actively discriminates against women (Wilén, 2014; OMCT, 2001). In 2003, Burundi passed Law No. 1/004/2003 to develop protections during times of conflict and penalise genocide, war crimes and crimes against humanity, including all forms of sexual violence. Crimes of gender-based violence were expanded upon in 2009, during the post-conflict period, with legislation passed against sexual harassment, domestic violence and human trafficking (Tripp, 2010).
With regard to women’s rights more broadly, Burundi ratified the Convention on the Elimination of all Forms of Discrimination Against Women in 1997. In 2003, the government adopted its Politique Nationale Genre (PNG), or National Gender Policy, which was succeeded by another PNG for 2012–2025 (Nibigira & Scanlon, 2010, p. 13). While the PNG 2012–2025 advocates for the elimination of discrimination and violence against women and addresses the sociocultural and economic spheres, it does not mention sexual violence (Republic of Burundi, 2020b). The dominant role of customary law and its unchanging character lessens the influence of many recent legal reforms regarding the rights of women (Sinha & Djankov, 2023).
Transition and Establishment of the Truth Commission
In 2000, the multiparty Arusha Peace and Reconciliation Agreement put an end to the decades-long conflicts in the Great Lakes region. The Agreement for Burundi is composed of five protocols to address past divisions and violence, the current state of the country, and future assurance of peace and reconciliation. Specifically, the categories listed include the nature of the conflict, problems of genocide and exclusion and their solutions; democracy and good governance; peace and security for all; reconstruction and development; and guarantees on the implementation of the agreement (Agreement, 2000). The main developments from the agreement included a ceasefire negotiation, the first draft of the CVR to examine ethnically based violence from 1963 to 2003, and a special tribunal for prosecutions of crimes against humanity (Agreement, 2000; Nibigira & Scanlon, 2010). The tribunal was never established (Vandeginste, 2016, p. 520).
Women’s organisations played an active role during the drafting phase of the agreement to ensure that gender was integrated into it and the peacebuilding process (Tripp, 2010, p. 15). Running parallel to the Arusha negotiations, the All-Party Burundi Women’s Peace Conference encompassed a diverse range of women, including those representing civil society and conflict survivors (Nibigira & Scanlon, 2010, p. 12). This conference led to a series of deliberations that ultimately generated a set of recommendations contributing to the peace accords. As a result, women’s rights and gender equality were enshrined as fundamental rights and the ceasefire agreement included the identification of sexual violence (Tripp, 2000). The scope of conflict addressed by the agreement includes specific reference to rape among the forms and levels of violence (Agreement, 2000, p. 57).
Article 8 of the Arusha Peace and Reconciliation Agreement outlines the principles and conditions for establishing the CVR. They include investigating violence and conflict affecting Burundi since 1962, proposing reconciliation and reparations measures, and clarifying the entirety of the country’s history (p. 23).
The main armed factions, the CNDD-FDD and FNL, as well as other, Tutsi-dominated parties, initially did not sign the agreement. In 2001, when the mandated political transition began, there were several attempts at coups by Tutsi groups (Boshoff et al., 2010). Despite the lack of cooperation by the CNDD-FDD and FNL factions and their repeated violations of ceasefire agreements, over the next few years the transitional government continued to implement ceasefire protocols and the Disarmament, Demobilisation and Reintegration (DDR) programme detailed in the Arusha Peace and Reconciliation Agreement.
In 2005, a peace agreement was reached between the government and the CNDD-FDD, resulting in the integration of both rebel and government forces with the election of Pierre Nkurunziza and a notable reduction in armed conflict (Dijkman et al., 2010, pp. 3-4). The FNL opposed these processes and continued its activities for another three years. In the following years, national and international organisations exerted significant influence in ensuring the continued development of transitional justice processes (Jamar & Major, 2022, pp. 66–67).
Government and former rebel leaders have been unenthusiastic about supporting transitional processes, causing delays. However, in preparation for national consultations, civil society remained invested and involved, including by engaging in outreach initiatives predominantly led by women’s organisations (Nibigira & Scanlon, 2010, p. 16).
Civil society played an active role in contributing recommendations regarding gender and gender-based violence during the drafting phase of the bill mandating the CVR. In particular, the Groupe de Réflexion sur la Justice de Transition (GRJT), or Group of Reflection on Transitional Justice, advocated for including rape and sexual violence under the crimes examined by the CVR, appointing a president and vice-president of different genders, establishing support measures for victims and witnesses who may be vulnerable or may have experienced sexual violence, and providing a guarantee of confidentiality for all cases relating to sexual violence and anyone else who requests it. A coalition of women’s groups proposed similar amendments to the bill, in addition to recommending the inclusion of all types of gender-based violence, the establishment of a gender subcommittee dedicated to cases of sexual and gender-based violence, and the creation of a victim/survivor protection programme that includes support from gender-trained psychologists (Comlan, 2014, pp. 57–58).
Mandate and Scope in Respect of CRSV
The mandate of the CVR was first adopted by the Burundi government in 2004, when then President Domitien Ndayizeye passed Law No. 1/021, outlining the mission, composition and functioning of the CVR.
A decade later, Law No. 1/18 officially implemented the CVR, replacing the previous law. It is substantially longer and includes clauses to address CRSV. Additionally, it mandated the CVR to operate for four years and defined the time period addressed by the CVR, spanning from 1962 to 2008 (Loi No. 1/18, 2014).
The mandate states that the CVR must hold depositions and public hearings, and details the development of a reparations programme that is to be supported by a government fund. It lists protections that must be afforded to victims and witnesses, specifically identifying those who experienced sexual violence as a category of victims/survivors who must receive special measures to support and protect them throughout the process of engaging with the CVR, including psychological care, legal expertise and confidential treatment. The mandate also outlines monitoring mechanisms for the implementation of recommendations, including necessitating the government to develop a report every six months on the progress it has made.
Law No. 1/22 in 2018 further updated the mandate to extend the CVR’s operations for an additional four years, and extended the investigated time period to 1885–2008, to include colonial violence (Jamar & Major, 2022, p. 69)
In addition to the CVR, the United Nations Human Rights Council adopted Resolution 33/34 in September 2016, creating the Commission of Inquiry on Burundi to investigate human rights violations and abuses since April 2015. The objective of this commission was to identify perpetrators, develop recommendations for justice and accountability, and determine whether any of the actions constitute international crimes. Its operations concluded in 2020 with an assessment of human rights violations, which included torture through sexual violence for actual and perceived political affiliation. Such violence was mainly targeted at women, but it was also experienced by some men. It came in the form of individual and gang rapes, striking and burning of genitals and other sensitive areas, mutilation and forced nudity. Perpetrators named include the state security forces and rebel forces (UN, 2020).
Truth Commission Operations
The CVR has not shared details on its operations. The commission has stated that it has an insufficient budget, making its operations difficult (Nahimana, 2020).
The CVR is comprised of 11 commissioners, four of whom are women. The members were chosen by the National Assembly, a move which received criticism for its lack of public consultation and reflection solely of the majority party, CNDD-FDD. This ultimately resulted in no members of the commission being from civil society or the international community (Ndikumasabo, 2016, pp. 99-100).
Truth Commission Final Report
The CVR had not released a final report at the time of writing. In 2019, the CVR began issuing yearly reports that provide updates on its activities and discoveries, with the latest publication adopted in 2021.
The CVR’s 2020 progress report centres mainly on investigations into the genocide of 1972 and the commission’s operations concerning physical excavations of remains and hearings on the subject (Burundi, 2020a). The report does not mention sexual violence.
The commission declared in a parliament meeting that genocide and crimes against humanity were committed in 1972–1973 against Hutu Burundians, and that crimes against humanity were committed against Tutsis (Burundi, 2021a). The accompanying report details the CVR’s process of uncovering these events, which led to their characterisation as genocide. They included mass targeted killings. In one part of the report, the CVR also briefly mentions the widespread assault on women and girls in 1972 across Burundi. These cases of sexual violence occurred while some of the women were detained, and there are reports of women being mutilated, intentionally impregnated, and raped before being killed. The perpetrators included opportunistic civilians and looters, various authorities, the police and missionaries (p. 19).
The 2021 progress report references sexual violence several times, highlighting criticism directed at the government, the military and priests for their involvement in or failure to prevent killings, looting and the rapes of widows and girls. In what appear to be targeted attacks, there were cases of women’s rights activists being raped by authorities (Burundi, 2021c). In addition to being forced and coerced into sex, many women became involved in sex work due to economic hardship, further increasing their vulnerability to violence, including sexual assault (p. 19). In terms of interactions with civil society, the report references the commission’s plan to meet with women’s organisations. Among the other work the CVR completed, it has been uncovering graves and remains, receiving witness statements, meeting with government and religious agencies, and continuing to publicise its work (pp. 5–6).
Due to the extensive loss of life during Burundi’s conflicts and the clandestine nature of these events, the primary focus of the CVR’s investigations and reports is the retrieval of human remains. The interim reports address women primarily as widows, which can serve to decentre their experiences as victims/survivors by emphasising the deaths of their husbands. As a result, CRSV does not feature prominently in the reports, regardless of evidence of its ubiquity. Where there is discussion of sexual violence, it is relegated to a single, short section of the report.
In December 2022, the CVR presented its most recent report to the government, consisting of 52 volumes and addressing the past two years of operation (Burundi News Agency, 2022). The report is said to address the full extent of colonial violence as well, starting in 1885 to going to 2008. This has not yet been released to the public.
Truth Commission Recommendations
The interim reports developed by the CVR provide generalities about its operations and characterisations of events, but do not make recommendations.
Implementation of the Truth Commission Recommendations
Without the finalisation or publication of the CVR final report and recommendations, it is not possible to assess yet how the recommendations will be implemented. Civil society and international organisations have played an active role in advocating for support throughout the transitional justice process so far, so it can be anticipated that they will likely be engaged in the practical implementation.
Although not directly associated with the CVR, Burundi’s most recent National Action Plan, for 2022–2027, addresses sexual violence during the conflict and post-conflict periods in several ways that intersect with the work of the commission and the issue of CRSV. Its main objectives include advocating for the recognition of women’s contributions to conflict resolution and peacebuilding through United Nations Security Council Resolution 1325, ensuring parity in men and women’s involvement in decision-making roles and peace consolidation, strengthening the legal structure to prevent conflicts and address gender-based violence, safeguarding the rights and support for survivors of sexual and gender-based violence, and integrating women’s participation and addressing women and girls’ needs in the formulation and execution of economic recovery initiatives (Burundi, 2021b)
A number of factors have influenced high rates of sexual violence post-conflict, including a large number of demobilised ex-combatant and female-headed households, which can increase women’s vulnerability to attacks (Zicherman, 2007, p. 48). Despite recent legislative changes, societal factors such as the normalisation of violence, a lack of economic opportunities, and consistent impunity have contributed to post-conflict rates of sexual violence remaining high (Dijkman et al., 2014).
Additionally, upsurges in violence due to political strife since 2015 have plunged Burundi back into periods of conflict, during which human rights violations are frequent. Rebel groups have been active in this, particularly the Imbonerakure. Hundreds of cases of sexual violence attributed to political or ethnic reasons have been attributed to the Imbonerakure (FIDH & Ligue ITEKA, 2016).
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