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Updates on Burundi

31 Dec 2005

H.E. Mr. Térence Sinunguruza, Minister of Foreign Affairs and Cooperation of Burundi, deposited the instrument of ratification at the UN Treaty Event during the 59th General Assembly. At the time of the deposit, the transitional government did not make any declarations.

Progress toward completing ratification was stalled when the Burundian government announced its intention to make a declaration on Article 124 of the Rome Statute, which would prevent the Court from exercising its jurisdiction over war crimes for seven years. Following vocal opposition to this proposal by parliamentarians and civil society, the government withdrew the bill.

During a public debate in June 2003, the National Assembly and the Senate announced they are opposed to a ICC ratification bill which included an Article 124 declaration. Subsequently, a group of parliamentarians decided to refer the issue to the Constitutional Court.

On 22 April 2003, the transitional national parliament unanimously voted for ratification of the Rome Statute of the ICC, by 152 votes to none.

In mid-April, the parliament passed a bill that incorporated genocide, crimes against humanity and war crimes into Burundi's criminal statutes.

At a conference in late 2002, Burundian officials emphasized that prompt ratification of the Rome Statute would send a clear message against the culture of impunity that prevailed in Burundi over the last decade.

An inter-ministerial committee of experts on the ICC concluded its work and recommended that Burundi ratify the Rome Statute, while opting out of war crimes jurisdiction under Article 124.

Previously, the ICC ratification bill was sent by the Executive to the Transitional Parliament.

On 18 July 2001, the Cabinet was to discuss the ICC bill of ratification, yet sent the issue back (by decision of the Minister of External Affairs and Vice President) to the Interministerial Committee for further examination and analysis.