A/HRC/39/63
mainly in terms of health care, food, water, hygiene and sanitation, increased from 1
million to 3.6 million, representing more than 34 per cent of the population.24
59.
Against this backdrop, the Government has not redirected its domestic resources to
give priority to social spending, the demand for which has risen steadily in a country whose
population of 10.5 million is likely to double by 2030.25 On the contrary, a review of the
annual State budgets shows that the amount of domestic resources devoted to defence and
security expenditures has risen faster than the amounts allocated to basic services other than
education. This situation has had a disproportionate impact on women because of their
specific needs with regard to services, including health services, and because the lack of
social services increases the burden of unpaid work borne by women within the family.26
60.
By way of example, the budgets allocated to the National Intelligence Service, the
Special Brigade for the Protection of Institutions and the Unit for the Protection of
Institutions (Appui à la protection des institutions), some of whose members have been
identified by the Commission as being among the main perpetrators of human rights
violations, were increased by 12 per cent, 13.3 per cent and 47.6 per cent, respectively,
between 2015 and 2018, while the domestic resources provided to the Ministry of
Agriculture and Livestock were reduced by 27.4 per cent.27 What is more, corruption and
misappropriation of public funds among high-level authorities are further depleting the
resources that the State should be devoting to efforts to safeguard the rights of the
population, especially with respect to food and health. Hundreds of people living with
AIDS are going without treatment, owing in particular to the dire shortage of certain items
in several of the country’s hospitals.
61.
Recruitment of the population has had a direct impact on the economic and social
rights of individuals, including in schools, universities and professional circles. Some
teachers and students have been pressured or have been removed from their schools
because they refused to join CNDD-FDD, to pay the contribution for the 2020 elections or
to attend information meetings about the constitutional amendment. Others have had to
leave the country. Hiring decisions in the civil service and in public-private enterprises
have been dictated by whether or not the applicant belongs to CNDD-FDD. Trade unions
that are not affiliated with the majority party have come under threat and have difficulty
operating.
E.
Dysfunction in the judicial system
62.
An in-depth study of the judicial system28 has confirmed the long-standing lack of
judicial independence in Burundi, as the executive branch exercises institutional control
over judges and courts through its control of the Judicial Service Commission; most courts’
budgets are managed by the Government; judges are appointed and promoted in an
arbitrary manner; the principle that judges should have security of tenure is absent; and
judges are inadequately paid, creating a situation that is conducive to corruption.
Furthermore, the judicial system in Burundi does not have enough resources to function
properly, despite the recent construction and rehabilitation of courtrooms.
63.
At the operational level, the Commission found examples of dysfunction in all
components of the criminal justice system. The executive branch frequently issues orders
and otherwise interferes with politically sensitive cases, either to protect members of
CNDD-FDD and the Imbonerakure by having them acquitted or released, or to have
opponents of the Government convicted and imprisoned. The use of the broadly and
vaguely defined offence of “undermining the internal security of the State” to prosecute
opponents has given rise to abuses. Interference by the authorities is sometimes
24
25
26
27
28
GE.18-13070
Humanitarian country team, Aperçu des besoins humanitaires au Burundi 2018, November 2017.
According to the World Bank, the annual population growth rate now stands at 3.1 per cent.
According to the World Bank, 90 per cent of the unpaid work done in Burundi is carried out by
women; see World Bank, Burundi Poverty Assessment (see note 23).
Calculated by the Commission.
See A/HRC/39/CRP.1.
13
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