A/HRC/42/49
92.
The crisis has been ongoing for more than four years, with no real prospects for
a resolution. The daily living conditions of Burundians, in the country or not, are
becoming worse and worse.
93.
The 2020 elections pose a major risk. To ensure that they are peaceful, fair,
free, transparent and credible, the Commission makes the following recommendations
to the Burundian authorities:
(a)
Give effect to all the Commission’s previous recommendations, which
are more well-founded and relevant than ever, including those concerning priority
measures to end human rights violations and international crimes, combat impunity
and improve the human rights situation in the country and the medium- and longerterm recommendations on reforms to the legal framework and the judicial system; 36
(b)
Conduct prompt, independent and effective investigations into the cases
of violations documented by the Commission since 2015 with a view to creating a
climate of trust and political tolerance conducive to inclusive participation in the
electoral process;
(c)
Re-engage constructively and cooperatively with all international and
regional human rights mechanisms and the Office of the United Nations High
Commissioner for Human Rights, enabling them to carry out their human rights
monitoring mandates fully and freely;
(d)
Ensure that national human rights mechanisms are institutionally and
financially independent and build the capacity of their members;
(e)
Take the measures necessary to ensure that foreign and domestic NGOs
can be freely established and organized and that they can operate freely, including by
amending the laws regulating them;
(f)
Take the measures necessary to ensure freedom of information in the
country and the right of local and international media to operate in accordance with
international standards, including by amending the laws on the press and the National
Communication Council;
(g)
Guarantee the effective enjoyment of civil liberties, including the
freedoms of opinion, expression, access to information, association, assembly and
religion, not least by ending all forced recruitment to the ruling party and its youth
league;
(h)
Follow the Guidelines on Access to Information and Elections in Africa
and the Guidelines on Freedom of Association and Assembly of the African
Commission on Human and Peoples’ Rights;
(i)
Ensure that all political parties can engage in legitimate activities in
complete freedom and security, in an environment of political tolerance, including by
punishing any incitement to hatred and calls for violence against other political
parties and their members;
(j)
Ensure, in practice, the right to participate in the conduct of public
affairs without discrimination, in particular by amending the Electoral Code;
(k)
Ensure, in practice, the institutional independence of the Independent
National Electoral Commission, including by amending the decree governing it to
make certain that its composition is inclusive and balanced, and strengthen the
capacity of its members at the municipal and provincial levels;
(l)
Provide access to independent international and regional election
observers and ensure that they and national observers from civil society or political
parties enjoy freedom of movement and action before, during and after the elections;
36
18
See annex III (A/HRC/36/54 and Corr.1, paras. 85–94, and A/HRC/39/63, paras. 85–86).
GE.19-13419
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