A/HRC/39/63 the general public. These efforts focused in particular on Burundians — even those who were apolitical — who had refused or been unable to register to vote and on those who had not paid their contribution for the 2020 elections. These trends are further limiting freedom of expression in a country whose main independent media outlets and human rights organizations have been banned. Those that continue to operate in the country have been subjected to restrictions, threats and persecution. 13. This climate of disregard for human rights continues to be fomented by repeated instances in which hatred and violence have been advocated by the authorities, including the Head of State and members of CNDD-FDD, and by an overall context of impunity exacerbated by the lack of an independent and properly functioning judicial system, as well as a lack of public trust in the latter. This environment has also had a direct impact on the enjoyment of economic and social rights, given that a growing share of the population has unmet needs, primarily in the areas of health, nutrition, water, hygiene and sanitation, as a result of increased financial pressure from the authorities and CNDD-FDD. Whereas Burundi was formerly a developing country, it is now once again in a state of humanitarian emergency. In some cases Burundians are deprived of their rights, such as the right to education, for political reasons. 14. The number of Burundian refugees increased steadily until 31 March 2018, reaching nearly 431,000; it then began to decline. The number today is estimated at 394,778, accounting for 3.7 per cent of the Burundian population. 4 The Commission met with persons recently granted refugee status who reported that checkpoints, in particular those set up by Imbonerakure, have been stepped up at the country’s borders. In some cases, human rights violations have been committed against individuals who were trying to flee or who had returned to Burundi. Some of these persons have gone back into exile without necessarily being registered in the host country. B. Responsibility 1. Responsibility of the Burundian State 15. States have a threefold obligation to respect, protect and fulfil human rights, including both civil and political rights and economic and social rights. (a) Obligation to respect 16. The obligation to respect human rights requires States, their agents and persons acting under their control to refrain from actively violating the rights of individuals. (i) Responsibility of the State for the conduct of its organs 17. The Commission found that members of the National Intelligence Service and the police, including high-ranking officials, were involved in the commission of a large number of human rights violations in 2017 and 2018. Administrative authorities have also committed or ordered the commission of human rights violations, including arbitrary arrest and detention and ill-treatment. 18. New testimonies, including from former State and security officials, have confirmed the central role being played by an informal structure surrounding the Head of State, often referred to as the “committee of generals”, that includes State officials such as the Minister of Public Security, the Administrator-General of the National Intelligence Service, the heads of the President’s civil cabinet and office of police affairs, and the Secretary-General of CNDD-FDD. This structure sets the policy on political and security issues, including the measures to be taken in relation to opponents. It transmits its orders and directives through a parallel hierarchy and chains of command based on a network of personal loyalties, some of which date back to the time of the rebellion, whose composition varies from one province or locality to another. The workings of this structure always involve more or less 4 GE.18-13070 Office of the United Nations High Commissioner for Refugees, 30 June 2018. See https://data2.unhcr.org/en/situations/burundi. 5