burundi: children's rights 'massively' violated

* News Release Issued by the International Secretariat of Amnesty
International *

24 September 2002
AFR 16/013/2002

Amnesty International today in Bujumbura, published a new report, Poverty,
isolation and ill-treatment. Juvenile Justice in Burundi, which highlights
the multiple abuses children are suffering at the hands of the law.

Children have been particularly affected by the armed conflict and related
human rights and humanitarian crises in Burundi. Their most basic civil,
political, economic, social and cultural rights have been routinely and
massively violated by government security forces, as well as by armed
political groups.

"We underestimate neither the scale and complexity of the tragedy in
Burundi nor the difficulties in restoring respect for human rights.
However, we continue to believe that despite the ongoing conflict, the
significant opportunities for institutional reform offered by the
transitional period can -- and must -- be exploited to shape the future of
human rights in country," said Amnesty International's Secretary General,
Irene Khan, during her first visit to Burundi.

"Children are a vulnerable minority in prison. Many of those in detention
are all the more vulnerable to abuses because they are impoverished and
poorly educated. However, relatively straightforward steps could be taken
to improve their situation in detention. We hope that our report will
contribute to ongoing efforts to address violations of children's rights
and also help gain international support for such initiatives. Children in
detention are part of the human rights crisis in Burundi and should not be
forgotten."

Burundi's prison population is predominantly male and adult and,
relatively speaking, the number of children in detention in Burundi is
quite small. Out of a prison population of approximately 9,000, some 160
are under the age of 18, of which most are boys. Child detainees are
however spared none of the abuses inflicted on adult detainees. They are
arrested in violation of arrest and detention procedures, some are
tortured, some detained for long periods of time without trial often in
conditions amounting to cruel, inhuman and degrading treatment. The
majority are detained with adults and are vulnerable to sexual abuse and
exploitation. Few benefit from the assistance of a lawyer.

In March 2002, Amnesty International delegates visited six of Burundi's 11
prisons, as part of its research into the plight of child detainees in the
country. The report published today includes the findings of that visit as
well as illustrative cases, such as that of Mossi Rukondo, who was
arrested in November 1999 at the age of 14 in Bubanza province, on
suspicion of links with an armed political group. He is still awaiting
trial three years later. Joseph Masabire, then aged 15, was arrested, in
southern Burundi in May 2000 by soldiers on suspicion of belonging to an
armed political group after failing to produce any identification. He was
reportedly beaten on his legs and the back of his head and neck, and
stabbed on his right arm while in the custody of the gendarmerie.

In virtually all countries, the poor and the marginalised are particularly
vulnerable to violations of their rights. Burundi is no exception. The
vast majority of children interviewed in prison by Amnesty International
came from poor families and were uneducated. They are particularly
vulnerable not only because of their age, status and poverty but also
because many are isolated from their families and have no one to defend
them.

The report includes a series of detailed recommendations on preventing
further abuses of children's rights, particularly in the context of the
administration of justice. In particular, Amnesty International is calling
on the government to:

* end the practice of incommunicado detention for children;

* issue clear and public instructions to all security and law
enforcement officers that torture or ill-treatment of detainees
is not permitted in any circumstances;

* prioritise monitoring of juvenile arrests to ensure that children
are remanded in custody for questioning in a minimum of cases,
and to ensure that when children are remanded in custody, arrest
and detention procedures are observed. Juvenile detainees should
be given access to relatives, legal counsel and medical
assistance;

* prioritise examination of the case files of children,
particularly those detained for excessively long periods without
charge or trial, and provisionally release those against whom
there is little supporting evidence, or who are detained for
minor offences; and

* ensure that child detainees are not detained with adults.

Background
An Agreement for Peace and Reconciliation in Burundi was signed in
August 2000, and the Transitional Government of Burundi inaugurated
in November 2001. These developments took place without the
participation or support of Burundi's two most active armed political
groups and armed conflict has since escalated, with a corresponding
increase in human rights abuses.

Amnesty International has gathered information on hundreds of cases
in which children, even babies, have been shot, bayoneted or beaten
to death with impunity by members of the armed forces. Over 15
children were extrajudicially executed in Rural Bujumbura and Bubanza
provinces between January and April 2002. Scores of new extrajudicial
executions, including those of several children, have taken place
since.

The killings are not restricted to government troops. The two main
armed opposition groups, PALIPEHUTU - FNL and the CNDD - FDD, have
also been responsible for the killings of children caught in
ambushes. Scores of children have also been killed in other attacks
targeting civilians.

Approximately 200,000 children live in camps for the displaced inside
Burundi. Conditions in these camps are generally harsh and, in some
cases, appalling.

A further 180,000 children live in the border refugee camps in
Tanzania. They suffer from poor diet, lack of access to education and
healthcare, and are vulnerable to recruitment by armed political
groups.

The Transitional Government is further violating children's rights by
failing to implement measures to end the use of child soldiers.
Although exact figures are not available thousands of children are
believed to have been recruited by all parties to the conflict, many
from refugee camps in Tanzania by PALIPEHUTU - FNL and the CNDD -
FDD. Some children act as fully-fledged soldiers, others are used as
look-outs and informants, or for menial duties. Hundreds of children
have been recruited

The right to education and healthcare for many children is an
illusion, with access to already limited facilities aggravated by
extreme poverty and insecurity. Large numbers of children have been
left as heads of households by the violence. An increasing number of
children are living on the streets.

The report, Poverty, isolation and ill-treatment. Juvenile Justice in
Burundi, is available at:
http://web.amnesty.org/ai.nsf/recent/AFR160112002?OpenDocument

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