A/HRC/39/63 A/HRC/36/54/Corr.1) continue to be committed in Burundi. These crimes include murder, imprisonment or other severe deprivation of physical liberty, torture, rape and other forms of sexual violence of comparable gravity, and persecution on political grounds. The Commission remains cautious about describing the disappearances it has documented as “enforced” within the meaning of this term under international criminal law, in view of the difficulty, at the current stage of its investigations, of proving all the elements required under the Rome Statute.32 B. Individual responsibility 71. The Commission has supplemented the list of alleged perpetrators of crimes against humanity that it drew up during its initial mandate period, taking care to distinguish between direct responsibility and the responsibility of military commanders and superiors. The list remains confidential, in the interest of protecting the Commission’s sources and respecting the principle of presumption of innocence. It will be turned over to the High Commissioner for Human Rights at the end of the Commission’s mandate. In the meantime, the Commission reserves the right to share it. IV. Measures to protect civilians and prevent the recurrence of conflict 72. In the light of the foregoing, there is an urgent need to put an end to the human rights violations and crimes against humanity which the Commission has reasonable grounds to believe are continuing to be committed in Burundi. This imperative arises from the responsibility to protect that lies first and foremost with the Burundian State, which must take the necessary measures to ensure respect for human rights and to prosecute the perpetrators of violations and abuses. It must also cooperate with the international human rights mechanisms established by the Human Rights Council. Priority must be given to the implementation of the recommendations made in January 2018 in the framework of the third universal periodic review of Burundi and to cooperation with all special procedures and treaty bodies that examine the situation in Burundi or request to visit the country. 73. In this regard, the Commission is concerned to note that, given the suspension since October 2016 of the headquarters agreement of the Office of the United Nations High Commissioner for Human Rights (OHCHR) office in Burundi; the limited deployment of African Union observers, whose ability to operate in the country is hampered by the absence of an agreement with the Government; and the Government’s recent lack of cooperation in the implementation of Human Rights Council resolution 36/2, there are now no independent international mechanisms in Burundi that are in a position to investigate human rights violations. It is important for Burundi to reconsider its decision to withdraw from the Rome Statute of the International Criminal Court and to review the composition and functioning of the Independent National Human Rights Commission to ensure that that body respects the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). 74. While putting an end to human rights violations remains a short-term imperative, in the longer term it is also important to consider measures for preventing such violations. An examination of the crisis that Burundi has been experiencing since 2015 reveals the root causes, which persist to this day. The Commission has identified three main factors behind the human rights crisis in Burundi: a narrowing of democratic space, especially since the 2010 elections; the incomplete and delayed implementation of the truth, justice and security sector reform measures set out in the Arusha Agreement; and the shortage of land and resources for a steadily increasing population.33 In this context, the struggle for power is 32 33 GE.18-13070 International Criminal Court, Elements of Crimes, The Hague, 2011, p. 11. See also A/HRC/39/CRP.1. See A/HRC/39/CRP.1. 15

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