A/HRC/10/29
ratification of the International Convention for the Protection of All Persons from Enforced
Disappearance while, in the meantime, all measures had been taken to prevent and punish
related crimes. Regarding the protection of discrimination based on sexual orientation, the
amendment proposed by the Lower Chamber of Parliament had been rejected by the Higher
Chamber and a mixed commission would be set up to determine the final position to be
adopted. With regard to the training of law enforcement officers on sexual violence, she
indicated that an ongoing education programme was under way and carried out by the State
and civil society. In that regard, the new draft penal code criminalized sexual violence. The
transitional justice mechanism composed of a truth and reconciliation commission and a
special tribunal had been agreed upon between the Government and the United Nations.
National consultations, a prerequisite for these mechanisms, were ongoing and would be
soon concluded.
307. The delegation of Burundi further stressed that replies to issues contained in
paragraphs 81 (1), (3), (6), (8) and (10) of the report of the Working Group had already
been included in paragraphs 80, 82 and 83 of the report. During the review, in relation to
paragraph 81 (1), Burundi had indicated that the new draft penal code, soon to be
promulgated, abolished the death penalty as foreseen in the second Optional Protocol to the
International Covenant on Civil and Political Rights. Regarding paragraph 81 (3) and
discrimination between boys and girls in access to education, Burundi recalled that such
discrimination had been eliminated and that a cultural education programme was under way
to eliminate any remaining parental reticence. Referring to paragraphs 81 (6) and 81 (8),
Burundi indicated that acts of torture and rape were criminalized in the new draft penal
code. Finally, in relation to paragraph 81 (10), it had been indicated previously that the
Ministerial Order of 6 October 2008 restricting public meetings had been revoked.
308. The delegation also presented new developments in Burundi since December 2008.
The new draft penal code, which criminalized war crimes, crimes against humanity and
those of genocide, torture and cruel, inhuman and degrading treatment, rape and sexual
violence, and which guaranteed various children’s rights, had been recently adopted by the
Parliament. The network of criminals who killed albino people was being dismantled; seven
people had been arrested and two others sentenced.
309. A national strategy to fight sexual violence had just been adopted by the
Government, which would, inter alia, provide for a harmonized mechanism to collect data
and establish financial resources dedicated to fighting this type of violence.
310. Regarding the establishment of a national human rights commission in line with the
Paris Principles, there was growing public opinion in favour of the Government
commitment in that respect.
311. The delegation stressed that new civil and political associations had been created,
and that the judiciary was protecting civil and political freedoms, as demonstrated by the
recent release of some prisoners. A national independent electoral commission had recently
been set up, with the support of all political partners and civil society, a guarantee to free
and democratic elections in 2010. The President and Vice-President of the commission
were representatives of the civil society.
312. Finally, Burundi had recently been granted an external debt relief, a measure that
would contribute to raise its resources to protect and guarantee human rights, in particular
economic, social and cultural rights.
(b)
Views expressed by Member and observer States of the Council on the review outcome
313. Algeria thanked Burundi for the comprehensive comments on recommendations
made during the review, as well as for the update on measures taken since then. Algeria
once again paid tribute to Burundi’s determination to work for peace through national
134
GE.09-17451
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