Burundi MPs Vote for the withdrawal from ICC

On 12 October, the National Assembly has voted for a bill on Burundi withdrawal from the International Criminal Court.

Burundi MPs voting for the withdrawal from ICC

Despite points of contention during the plenary session, 94 MPs voted for, 2 against and 14 abstentions. The Minister of Justice, Aimée Laurentine Kanyana, who defended the draft law in the National Assembly, has indicated that Burundi has freely pulled out from ICC as it ratified the ICC Rome Statute voluntarily. “All the provisions of the Rome Statute were already included in the national criminal legislation”, she explains.

According to her, Burundi ratified the Rome Statute on 30 August 2003 with the main objective of promoting and protecting human rights. Unfortunately, she said, ICC has become an instrument of pressure and destabilization for poor countries.

“Burundi withdrawal from ICC will preserve the country’s sovereignty”, she states. She goes ahead to say that Burundi is still member of the UN despite its withdrawal from ICC”. According to her, Burundi leaves ICC because the latter is used by great world powers to undermine and intimidate people from poor countries.

A hot debate during the plenary session

Several Members of parliament have converged on the Burundi withdrawal from ICC. 39 MPs who had a say during the plenary session said that Burundi has delayed to withdraw from ICC. For the second vice president of the National Assembly, Edouard Nduwimana voting against the Burundi withdrawal from ICC would oppose the Burundian Constitution.

“ICC is used as a political instrument but not judicial one”, he said.

Gabriel Ntisezerana, former Senate speaker says ICC per se is not bad. For him, the problem is that it used to destabilize African countries on the basis of crimes perpetrated. He requests that other African countries join Burundi and withdraw from ICC which is a political tool for regime change.

For André Ndayizamba, MP from UPRONA party who voted against the Burundi withdrawal from ICC says the Statute of Rome is a better protection of human rights.

For him, withdrawing from ICC is a political and diplomatic error.

The same view is shared by the Fabien Banciryanino, an independent MP elected in Bubanza Province. He indicates that withdrawing from ICC will allow an increase in killings in Burundi. For him, withdrawing from ICC will worsen the situation. This bill comes untimely. Burundians are currently suffering starvation and poverty. These are major issues that need to be tackled for the moment”, he says.

Burundi has just declared a suspension of any form of cooperation and collaboration with the Office of the United Nations High Commissioner for Human Rights-OHCHR until further notice. For Bujumbura, the decision is due to the “untruthful and controversial” United Nations Independent Investigation Report on Burundi-UNIIB accusing the government of grave violations of human rights as the cause of the decision.

The UN report recorded 564 cases of executions and about 300, 000 Burundians who fled to the neighboring countries between 26 April 2015 and 30 August 2016.

The ICC prosecutor has already opened preliminary inquiry on crimes perpetrated in Burundi since April 2015.