A/HRC/10/29
(c)
General comments made by other relevant stakeholders
319. Amnesty International welcomed Burundi’s support of recommendations to
establish an independent national human rights commission, compliant with the Paris
Principles. It was concerned, however, that the draft bill, drawn up on 27 November 2008
by the Council of Ministers, would create a commission that would fall far short of the
Paris Principles by severely restricting its mandate, powers of inquiry, jurisdiction and
independence. It urged the Government to reconsider the preceding version of the draft bill,
which provided a higher level of independence and capacity for the commission. Amnesty
International strongly urged the Government to support the recommendations calling on
Burundi to ensure that no one was subject to discrimination on the basis of sexual
orientation and to reconsider the inclusion of provisions criminalizing same-sex sexual
relations in the draft criminal code. It regretted that Burundi had not expressly supported
recommendations to respect freedoms of expression, association and assembly, and
indicated that several prisoners of conscience remained in detention, among them Juvénal
Rududura, Vice-President of the trade union of non-magistrate staff at the Department of
Justice, and the journalist Jean-Claude Kavumbagu. It called on Burundi to immediately
and unconditionally release those arrested solely for exercising their right to freedom of
expression.
320. The Canadian HIV/AIDS Legal Network and Action Canada for Population and
Development, in a joint statement, welcomed recent steps taken to integrate fundamental
human rights norms into the penal code, in particular the abolition of the death penalty.
However, they remained concerned that, although the Senate had rejected the provision that
would have criminalized consensual homosexual conduct, the National Assembly had
recently voted to restore such a provision. They urged legislators to eliminate the new
provision or the President to veto it. They added that such provision would place Burundi at
odds with the overwhelming movement across the world that had seen progress towards
decriminalization, and violate the African Charter on Human and Peoples’ Rights and the
International Covenant on Civil and Political Rights. It would severely hamper Burundi’s
efforts to combat the HIV/AIDS pandemic and force a part of Burundi’s population into
silence and invisibility.
321. Human Rights Watch welcomed the report on Burundi. It noted with concern the
recent decision by the National Assembly to advance an amendment to the penal code that
would criminalize homosexuality, contrary to the recommendations made by Belgium,
Chile and Slovenia. It encouraged the joint committee to eliminate criminalization of
homosexuality, and if needed, the President to veto such a law. Human Rights Watch was
deeply concerned about the prevalence of illegal and arbitrary arrests, many of which were
politically motivated, and considered that Burundi should accept France’s recommendation
to ban all secret places of detention. It deeply regretted that Burundi had rejected the
recommendations of Italy, Switzerland and others to take all measures to guarantee the
freedoms of expression and association. It added that the judicial system had been abused
for prosecutions of opposition leaders and others who spoke out against the Government,
noting in particular the arbitrary detention of Juvénal Rududura, Pasteur Mpawenayo,
Gérard Nkurunziza and Jean-Claude Kavumbagu. This called into question the
independence of the judiciary, a subject of concern for Azerbaijan, the Netherlands and the
United Kingdom. Human Rights Watch was concerned at the fact that, in the lead-up to the
2010 elections, attempts to intimidate members of the opposition had been made. Burundi
should act immediately to put an end to such activities, thereby implementing Japan’s
recommendation, supported by Burundi, to do its utmost to ensure that political parties are
safeguarded in the elections.
322. The International Federation of Human Rights Leagues requested the reintroduction
in the bill relating to the national commission on human rights of provisions to guarantee its
136
GE.09-17451
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