Security Council resolution 2303 (2016) [on the situation in Burundi]
Symbol: S/RES/2303 (2016)
Date: 2016-07-29
Status: adopted
Agenda: S/71 [99] BURUNDI SITUATION
S/ X The situation in Burundi.
Subjects: INTERNAL SECURITY|POLITICAL CONDITIONS|HUMAN RIGHTS|BURUNDI
Votes in favour: 11
Votes against: 0
Abstentions: 4
Voting record:
country: ANGOLA
vote: abstention
country: CHINA
vote: abstention
country: EGYPT
vote: abstention
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: abstention

               United Nations                                                                     S/RES/2303 (2016)
               Security Council                                                 Distr.: General
                                                                                29 July 2016




               Resolution 2303 (2016)
               Adopted by the Security Council at its 7752nd meeting, on
               29 July 2016

                    The Security Council,
                     Recalling its resolutions, as well as the statements of its President, on Burundi,
               in particular its resolutions 2279 (2016) and 2248 (2015) and the statements of its
               President of 18 February 2015 (S/PRST/2015/6), 26 June 2015 (S/PRST/2015/13)
               and 28 October 2015 (S/PRST/2015/18), and its press statement of 19 December
               2015,
                    Reiterating its deep concern about the persistence of violence in Burundi, as
               well as the persisting political impasse in the country and the attendant serious
               humanitarian consequences,
                    Stressing that the situation prevailing in Burundi has the potential to seriously
               undermine the significant gains achieved through the Arusha Peace and
               Reconciliation Agreement of 28 August 2000 (the Arusha Agreement), with
               devastating consequences for Burundi and the region as a whole,
                     Stressing the primary responsibility of the Government of Burundi for
               ensuring security in its territory and protecting its population, with respect for the
               rule of law, human rights and international humanitarian law, as applicable,
                      Reaffirming its strong commitment to the sovereignty, political independence,
               territorial integrity and unity of Burundi,
                     Strongly condemning all violations and abuses of human rights in Burundi,
               whoever perpetrates them, including those involving extra -judicial killings, sexual
               violence in the context of the political crisis, arbitrary arrests an d detentions,
               including those involving children, forced disappearances, acts of torture and other
               cruel, inhuman and/or degrading treatment, harassment and intimidation of civil
               society organizations and journalists, restriction of fundamental freedoms, a s well as
               indiscriminate use of grenade attacks, especially against civilians,
                     Noting reports of a decrease of public acts of violence and killings while
               expressing concern over reports of increased cases of forced disappearances and
               acts of torture expressing deep concern following the report from the Office of the
               High Commissioner on Human Rights (OHCHR) of 17 June 2016 ( A/HRC/32/30),
               which documents 348 extrajudicial executions and about 651 cases of tortu re in


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               Burundi between April 2015 and April 2016, committed mostly by the Burundian
               security forces as reported by OHCHR, and expressing concern over the significant
               number of arrest and detention cases involving children, who are often held in adult
               prisons,
                    Noting the cooperation and access provided by the Government of Burundi to
               the Office of the High Commissioner for Human Rights (OHCHR),
                    Noting the visits to Burundi from 1 to 8 March and from 13 to 17 June 2016 of
               the experts of the United Nations Independent Investigation on Burundi (UNIIB)
               requested by the Human Rights Council in its resolution of 17 December 2015,
                     Recalling that Burundi is a State Party to the Rome Statute of the International
               Criminal Court, and has obligations to fight impunity for crimes falling within the
               jurisdiction of the Court, emphasizing that the International Criminal Court (ICC) is
               complementary to national criminal jurisdictions, and noting the opening on
               25 April 2016 of a preliminary examination by the Prosecutor of the ICC into the
               situation in Burundi since April 2015,
                    Underscoring its deep concern for the continued worsening of the
               humanitarian situation, marked by more than 270,000 Burundians seeking refuge in
               neighbouring countries, and commending the host countries for their efforts,
                    Strongly condemning all public statements, coming from in or outside the
               country, that incite violence or hatred towards different groups in Burundian society,
                    Stressing the utmost importance of respecting the letter and the spiri t of the
               Arusha Agreement, which has helped to sustain a decade of peace in Burundi,
                     Stressing the urgency of convening a genuine and inclusive inter -Burundian
               dialogue, based on respect for the Constitution and the Arusha Agreement,
               welcoming in this regard the meetings of the political dialogue for Burundi held in
               Arusha from 21 to 24 May and from 12 to 14 July 2016, under the auspices of the
               Facilitator of the East African Community (EAC), Mr Benjamin William Mkapa,
               and commending the Facilitator’s decision to convene further meetings, including
               with those stakeholders who were not present in Arusha,
                     Commending the African Union’s active engagement for a peaceful solution to
               the Burundian crisis, welcoming in this regard the visit to Burundi, on 25 and
               26 February 2016, by the African Union (AU) High-level Delegation, noting with
               satisfaction the readiness of the members of this Delegation to pursue their efforts,
               in support of the mediation efforts led by President Yoweri Museveni of Uganda
               (the Mediator) on behalf of the EAC, and welcoming the visit of the AU Peace and
               Security Council from 22 to 25 June 2016,
                     Stressing the importance of coordinating efforts between the African Union,
               the East African Community, the International Conference of the Great Lakes
               Region, the European Union and the United Nations, including the Special Adviser
               for conflict prevention, including in Burundi to continue to seek solutions to the
               crisis in Burundi,
                    Welcoming the consent of the Burundian authorities to increase the number of
               AU human rights observers to 100 and the number of AU military experts to 100,
               expressing concern over the significant delays in the deployment of the AU human




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           rights observers and military experts, noting that only 32 human rights observers
           and 15 military observers have been deployed to Burundi so far,
                 Noting that a number of bilateral and multilateral partners have suspended
           their financial and technical assistance to the Government of Burundi, in view of the
           situation in Burundi, and encouraging bilateral and multilateral partners and the
           Government of Burundi to continue their dialogue with a view to creating conducive
           conditions for resumption of the assistance, including by fulfilling the commitments
           announced by the Government of Burundi on 23 February 2016,
                 Reiterating its appreciation for the letter dated 24 January 2016 from the
           President of the Republic of Burundi (S/2016/76) expressing his Government’s
           intention to cooperate closely with the United Nations team under the responsibility
           of the Special Adviser for Conflict Prevention, including in Burundi, on determining
           appropriate support for an inclusive dialogue process and in the areas of
           disarmament, security and human rights, and expressing its support for the efforts of
           the Secretary-General and his Special Adviser on conflict prevention, including in
           Burundi, in support of a peaceful resolution of the crisis, consisten t with its
           resolutions 2248 (2015) and 2279 (2016),
                Noting the Secretary-General’s letter of 18 April 2016 on options for the
           deployment of a United Nations police contribution in Burundi ( S/2016/352),
           pursuant to the Security Council’s request in its resolution 2279 (2016),
                Taking note of the consent of the Government of Burundi, in its letter to the
           President of the Security Council of 15 July 2016, for the deployment of a United
           Nations police component, including 50 United Nations police officers,
                 Recalling that the United Nations political engagement in Burundi aims at
           peacefully resolving the current crisis in the country, stressing that a United Nations
           police contribution would be an integral part of this engagement, and agreeing with
           the Secretary-General that the presence of a United Nations police contribution
           would help create an environment conducive to political dialogue by averting
           further deterioration of the security situation as well as human r ights violations and
           abuses, enhance the United Nations’ situational awareness and provide early
           warning capacity to enable national, regional and international stakeholders to
           address emerging security and human rights concerns,

           Rejection of violence and respect for human rights
                 1.   Strongly urges the Government of Burundi and all parties to cease and
           reject any kind of violence and condemn any public statement inciting violence or
           hatred, and demands that all sides in Burundi refrain from any action that would
           threaten peace and stability in the country or undermine the inter -Burundian
           dialogue as referred to in paragraph 6 of this resolution;
                 2.   Urges the Government of Burundi to respect, protect and guarantee
           human rights and fundamental freedoms for all, in line with the country’s
           international obligations, to adhere to the rule of law, to bring to justice and hold
           accountable all those responsible for crimes involving violations of international
           humanitarian law or violations and abuses of human rights, as applicable, including
           those involving sexual violence and all violations and abuses against children;




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                      3.    Welcomes the steps made by the Government of Burundi to withdraw
               some media and civil society organizations bans, cancel some arrest warrants and
               release a number of detainees, and urges the Government of Burundi to urgently
               fulfil the remaining commitments it announced on 23 February 2016 and to re -open
               all media outlets and release all political detainees;
                     4.    Urges the Government of Burundi to continue to cooperate fully with the
               Office of the High Commissioner for Human Rights (OHCHR), requests the
               Secretary-General, in conjunction with the United Nations High Commissioner for
               Human Rights, to take appropriate steps to reinforce the human ri ghts monitoring
               capacity to monitor the situation in Burundi, consistent with paragraph 13 of this
               resolution;
                     5.   Expresses its intention to pursue targeted measures against all actors,
               inside and outside Burundi, who threaten the peace and security of Bu rundi;

               Inter-Burundian dialogue
                     6.    Urges the Government of Burundi and all stakeholders committed to a
               peaceful solution, both those who are in Burundi and those outside the country, to
               take part actively, constructively and urgently in the EAC -led, AU-endorsed
               political dialogue facilitated by the Mediator and the EAC Facilitator, in order to
               hold a genuine and inclusive inter-Burundian dialogue, and expresses its full
               support to the Facilitator’s efforts to increase the inclusiveness of this process;
                     7.   Requests the Secretary-General, through the good offices of his Special
               Adviser for conflict prevention, including in Burundi, to continue to support the
               inter-Burundian dialogue as referred to in paragraph 6 of this resolution, and in this
               regard, to continue to coordinate and work with the EAC, AU -endorsed, Mediator
               and his Facilitator, as well as with the High-level delegation from the AU, and to
               provide all necessary technical and substantive support to the mediation;
                     8.    Requests the Secretary-General, to swiftly implement the strengthening
               of the Office of the special adviser for conflict prevention, including in Burundi, as
               referred to in paragraph 10 of resolution 2279 (2016) and paragraph 7 of resolution
               2248 (2015), by substantially increasing the number of political officers in Burundi
               in order to:
                    (i) Engage with all stakeholders to the crisis, including the Government,
                    opposition, political parties, civil society, religious leaders and others,
                    (ii) Provide substantive support to the inter-Burundian dialogue as referred
                    to in paragraph 6 of this resolution,
                    (iii) Work with all Burundian parties to develop confidence-building
                    measures to improve the human rights and security situation, and foster an
                    environment conducive to political dialogue;

               Regional dimension
                     9.    Calls on States in the region to contribute to a solution to the crisis in
               Burundi, and to refrain from any interference, including through supporting the
               activities of armed movements in any way, and to respect their o bligations under
               international law, and recalls in this regard commitments of the States in the region
               under the Peace, Security and Cooperation Framework for the Democratic Republic


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           of the Congo and the Region and the 1951 Convention relating to the Statu s of
           Refugees;

           African Union observers and experts
                 10. Urges the Government of Burundi, in coordination with the African
           Union Commission, to ensure the continued and full deployment of 100 AU human
           rights observers and 100 AU military experts without further delay, and urges the
           Government of Burundi and other concerned stakeholders to provide them with full
           cooperation and access in order to facilitate the implementation of their mandate;
                11. Requests the Secretary General to report to the Security Council within
           30 days, in close coordination with the AU, on proposals to enable the United
           Nations to facilitate the deployment of the AU observers and on modalities for
           cooperation between the United Nations police component, as referred to in
           paragraph 13 of this resolution, and the AU observers, taking into account their
           comparative advantages and within their respective mandates, in compliance with
           the United Nations standards and practices and consistent with the United Nations
           Human Rights Due Diligence Policy;

           United Nations contingency planning
                12. Reaffirms the importance of United Nations and AU contingency
           planning, and requests the Secretary-General to advance contingency planning,
           consistent with resolution 2279 (2016), to enable the international community to
           respond to any further deterioration of the situation and to report to the Security
           Council as needed with contingency planning proposals;

           United Nations police component
                 13. Requests the Secretary-General to establish a United Nations police
           officers component in Burundi for an initial period of one year to monitor the
           security situation and to support OHCHR in monitoring human rights violations and
           abuses, under the authority of the Office of the Special Adviser for conflict
           prevention, including in Burundi, in coordination with the AU human rights
           observers and military experts in Burundi, in accordance with their respective
           mandates;
                 14. Authorizes a ceiling of 228 United Nations individual police officers for
           the United Nations police component as referred to in paragraph 13 of this
           resolution, headed by a United Nations senior police adviser, to be deployed in
           Bujumbura and throughout Burundi, and requests the Secretary-General to ensure
           their progressive deployment;
                15. Requests the Secretary-General to take the necessary steps for the
           protection of United Nations personnel, facilities, installations, and equipment,
           pursuant to standard United Nations practices, in consultation with the Government
           of Burundi;
                16. Urges the Government of Burundi, as well as all Burundian stakeholders,
           to cooperate fully with the deployment and activities of the United Nations police
           component in Burundi, and to allow full and unhindered access by United Nations
           personnel to places of detention and individual detainees;



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                    17. Calls on Member States in the region, to allow the free, unhindered and
               expeditious movement to and from Burundi of all personnel, as well as equipment,
               provisions and supplies, which are for the exclusive and official use of the United
               Nations police component in Burundi;
                     18. Expresses its intent to keep under review and to adapt the size,
               composition and mandate of the United Nations police component in Burundi in
               light of the evolution of the security situation, as well as of the progress made in the
               respect of human rights and in a genuine and inclusive inter -Burundian dialogue as
               referred to in paragraph 6 of this resolution;

               Reports of the Secretary-General
                     19. Requests the Secretary-General to report to the Security Council on the
               situation in Burundi every three months after the adoption of this resolution,
               including on any public incidents of incitements to hatred and violence, as well as
               on steps to ensure the deployment of the United Nations police component and on
               possible adaptations of the United Nations police component as referred to in
               paragraphs 13 and 14 of this resolution, and further requests the Secretary-General
               to provide written reports immediately to the Security Council, as necessary, on
               grave security incidents, violations of international humanitarian law and violations
               or abuses of human rights, as applicable, of which the United Nations police
               component in Burundi, together with OHCHR, has knowledge, whoever perpetrates
               them;
                    20.   Decides to remain actively seized of the matter.




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