A/HRC/42/49
• Reviewing the composition of the Superior Council of Magistrates (Conseil
supérieur de la magistrature) so that the majority of its members are designated by
their peers;
• Reviewing the nomination, posting, evaluation and promotion procedures of
magistrates so that they do not depend of the executive;
• Ensuring the respect of the principle of security of tenure for judges;
• Protecting and guaranteeing the independence of the judiciary by prohibiting all
interference in their functions by governmental authorities, members of the ruling
party or security and defence forces, and imposing sanctions on those who influence,
or seek to influence, the functioning of the judiciary;
• Developing legal aid programmes for the most vulnerable;
• Reinforcing the protection mechanisms for victims and witnesses, as well as their
efficiency, in order to restore people’s confidence in the system and to encourage
witnesses to testify without fear for their security.
148. Ensure that members of the defence and security forces respect human rights in all
circumstances and serve the interests of the population as a whole, not solely those of the
ruling party, in particular by:
• Reinforcing civilian control over the military and the independence of the competent
organs created by the Constitution to supervise this control, in particular the
Parliament, the National Human Rights Commission and the Ombudsman;
• Implementing civilian control over the National Intelligence Service (Service
national de renseignement) in line with the Constitution;
• Conducting background checks, in particular on human rights, on defense and
security forces and incorporating these measures into reforms of the recruitment and
career progression of these agents.
149. Reconsider their decision to withdraw from the Rome Statute, cooperate fully with
the International Criminal Court in the ongoing preliminary examination and, if an
investigation is initiated, continue that cooperation, inter alia by ensuring the protection of
victims and witnesses;
150. Authorize the Office of the United Nations High Commissioner for Human Rights to
resume its documentation of human rights violations in Burundi, which has been suspended
since October 2016;
151. Sign and implement the memorandum of understanding with the African Union and
permit the full deployment of 100 human rights observers and 100 military experts that was
decided upon in 2016;
152. Cooperate with United Nations human rights mechanisms by once again receiving
special procedures missions and implementing the recent recommendations of treaty
bodies;
153. Actively seek a lasting solution to the political crisis, inter alia through international
initiatives to promote dialogue.
2.
Political parties and armed opposition groups should:
154. Put an immediate end to human rights abuses and acts of violence committed by
their members;
155. Refrain from any incitement of violence and participate in the quest for a lasting
solution to the political crisis in Burundi.
3
The Human Rights Council should:
156. Extend the Commission’s mandate for a period of one year to enable it to conduct
further and more thorough investigations in view of the persistence of gross human rights
46
GE.19-13419
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