I. Introduction
1. The present report is submitted pursuant
to Security Council resolution 1602 (2005) of 31 May 2005, by which the
Council extended the mandate of the United Nations Operation in Burundi
(ONUB) for a period of six months, until 1 December 2005. In that resolution,
the Council requested me to submit by 15 November 2005 recommendations
on the role of the Mission in supporting Burundi, including possible adjustments
to the Mission's mandate and force strength, in accordance with progress
made on the ground. The report also provides an update on major developments
in the peace consolidation process in Burundi since my previous report,
dated 14 September 2005 (S/2005/586).
II. Assessment mission
2. A multidisciplinary United Nations assessment mission led by the Department of Peacekeeping Operations, and comprising representatives of the Department of Political Affairs, the Office for the Coordination of Humanitarian Affairs, the Department of Safety and Security, the United Nations Development Programme (UNDP), the United Nations Development Group, the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Office of the United Nations High Commissioner for Refugees (UNHCR) and the World Bank visited Burundi from 16 to 23 October 2005. Under the overall supervision of my Special Representative, and working with ONUB and the United Nations country team, the mission evaluated the security situation on the ground, the overall peace consolidation and national recovery process, and the role the United Nations could play in support of these efforts in the next phase.
3. The mission met with a wide cross-section of Burundian and international stakeholders. The First Vice-President, Martin Nduwimana, the Second Vice- President, Alice Nzomukunda, the President of the Senate, Gervais Rufyikiri, and several Government ministers received the mission and provided their assessments of the overall situation in the country and the region as well as their views on key challenges facing the country.
III. Political developments
4. During the reporting period, further steps were taken to advance the peace process, including the successful conduct of elections at the colline (village) level and progress in the disarmament and demobilization of former combatants, in particular the civilian militias. The rate of return of refugees further increased, and their resettlement, together with that of internally displaced persons continued. In addition, the Government of President Pierre Nkurunziza began identifying its priority tasks. Meanwhile, despite the efforts of the Government and international partners, the Palipehutu-Forces nationales de libération (FNL) of Agathon Rwasa has remained outside the peace process. Violent attacks by FNL on Government forces and innocent civilians, and confrontations between the National Defence Force and FNL continued, especially in some western provinces.
5. The colline elections were successfully conducted on 23 September 2005. Some 44,724 independent candidates contested 14,560 colline administrator posts in the elections, which were held in a generally peaceful atmosphere and were marked by a moderate voter turnout. ONUB provided technical and logistic assistance to the National Independent Electoral Commission in organizing the elections and coordinated closely with the Government regarding the provision of security during the polls. The conduct of the colline elections completed the national electoral process, which began on 28 February with the holding of the referendum on the post-transitional Constitution.
6. The new Cabinet met for the first time on 9 September, and has tentatively identified the following priorities for the Government: restoration of peace and democracy; completion of security sector reform; combating corruption; improving living conditions for the people of Burundi; addressing security issues, including reducing crime rates; and the promotion of regional cooperation. Steps have also been taken to curb public expenditure and new accountability measures have been introduced for Government officials, who are now required to declare their financial assets. Meanwhile, President Nkurunziza and Cabinet members have undertaken consultative visits throughout the country to assess the major challenges being faced by the population.
7. Following the announcement by President Nkurunziza on 26 August that primary education would be free in Burundi, a significant increase in the enrolment of primary school students was recorded in September.
8. The reporting period also witnessed some political friction. Shortly after his election on 29 October as president of the Front pour la démocratie au Burundi (FRODEBU), Léonce Ngendakumana announced that his party was considering withdrawing from the Government unless the decision-making process became more inclusive. On 4 November, the FRODEBU parliamentary group issued a statement expressing concern over the arbitrary arrests of some its members accused of belonging to FNL. In this regard, leaders of both FRODEBU and the Unité pour le progrès national (UPRONA) continued to express some concerns about perceived restrictions on political participation.
9. On 30 October, the Conseil national pour la défense de la démocratie (Nyangoma) also issued a statement addressed to the Government, expressing concern over continuing insecurity in the country, including incidents of arbitrary arrests, torture and human rights violations, despite the Government's promises for a tangible improvement in the human rights situation following the end of the transitional period.
Contacts with FNL
10. Since its installation, the Government has repeatedly stated its intention to pursue talks with FNL and in September established a team to negotiate with the group. However, through its spokesman, FNL has sent conflicting messages. On 10 September, following his previous declarations that his movement did not recognize the Government and would not negotiate with it, the spokesman indicated that the armed group would negotiate only with the involvement of the international community. On 14 September, he announced that an 80-member delegation had been established to participate in negotiations. FNL has also declared as a precondition for talks that an investigation be carried out into violations of the cessation of hostilities agreement reached with the Transitional Government on 15 May. On 8 October, elements claiming to be from FNL, headed by Jean-Bosco Sindayigaya, a former deputy to the FNL leader, Agathon Rwasa, proclaimed that the leadership of the armed group had been suspended and that this new faction was prepared to negotiate with the Government. The situation regarding the leadership of FNL remains unclear.
11. On 6 October, the Government announced that, unless the armed group agreed to enter into negotiations before 31 October, it would take adequate measures to bring it to the negotiating table, willingly or by force. On 29 October, President Nkurunziza announced that measures would be taken to curb FNL activities, expressing his view that the FNL question would be resolved within two months.
12. Meanwhile, as requested by the Great Lakes Regional Peace Initiative on Burundi, the Government of the United Republic of Tanzania has continued efforts to facilitate talks between the Government and FNL.
Regional aspects
13. At a meeting held on 16 September in New York, Burundi was included in the Tripartite Joint Commission, which is facilitated by the United States of America and comprises the Democratic Republic of the Congo, Rwanda and Uganda. The renamed Tripartite Plus Joint Commission agreed that military and diplomatic pressure on all militias on the member States' territories would be continued to ensure their disarmament and repatriation or reintegration, and that sanctions would be imposed on such armed groups should they refuse to disarm voluntarily before 30 September.
14. At a further meeting of the Tripartite Plus Joint Commission on 21 October in Kampala, the Governments of Burundi, the Democratic Republic of the Congo, Rwanda and Uganda agreed to take measures against the armed groups operating in the eastern Democratic Republic of the Congo and neighbouring countries, including FNL. The measures include prosecution and extradition of the groups' leaders, as well as the imposition of travel bans and financial restrictions against them, and consideration of designating the groups as terrorist groups.
Burundi Partners' Forum
15. Following a briefing to the Security Council on 18 September, my Special Representative for Burundi has continued consultations with the Government and international partners regarding the Burundi Partners' Forum. On 18 October in Bujumbura, ONUB convened an informal meeting to launch the Forum, which brought together representatives of the African Union, the Regional Initiative on Burundi, neighbouring countries, the United Nations and donors. It was agreed that the Forum would meet regularly to consult on how to support the efforts of the Government to consolidate peace and promote recovery and development in Burundi. Furthermore, periodic plenary meetings would be held with the participation of all interested international partners. The Forum could also serve as a link with the Peacebuilding Commission, expected to be established by December, should Burundi be selected for its early consideration.
Security Council mission
16. A mission of the Security Council visited Bujumbura on 8 and 9 November as part of the Council's sixth visit to the Great Lakes region since 2000. The mission met with President Nkurunziza and held consultations with a Government delegation led by the Minister of External Relations and Cooperation. The mission also met with the leaders of the main political parties represented in Parliament and civil society organizations working on transitional justice and judicial reform. While congratulating the people and Government of Burundi for the peaceful transfer of authority to an elected Government, the mission encouraged all stakeholders to continue to work together in a spirit of dialogue and consensus and to respect the principle of power-sharing enshrined in the Constitution. The mission also noted the challenges facing the Government in the post-transitional period as it works to consolidate peace and urged the Government to establish its priorities for the future. Underscoring the continuing commitment of the international community, and the United Nations in particular, to assist the Burundian authorities in consolidating the achievements of the peace process, the mission suggested that Burundi could benefit greatly from the support of the Peacebuilding Commission, once established.
17. For its part, the Government of Burundi noted that reconstruction, development, good governance, human rights and the return of refugees were its key priorities and that the United Nations should primarily focus on providing reconstruction and development assistance. The mission noted the Government's priorities and approach concerning the international community's support for its efforts in this new phase of peace consolidation. However, the mission cautioned against a hasty drawdown of ONUB. The Government undertook to continue to review with the United Nations the modalities for the withdrawal of ONUB, which it agreed should be gradual and progressive.
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