A/HRC/12/43
page 13
Ten of the victims were minors. It is believed that stronger law enforcement in Tanzania has
transplanted the activities of networks that traffic in albino body parts in Burundi, where the
authorities have responded less vigorously.
46. The Government’s response has been largely limited to an exchange of information with
the Tanzanian authorities and the establishment of protective assembly areas, including in local
schools, government buildings and other available spaces. Arrests were made in March, after a
prosecutor in Ruyigi province made use of extraordinary judicial procedures to expedite the
dossiers. Eleven persons were tried and sentenced. Information on the investigations of at least
six of the attacks has not been made public. Most importantly, the beliefs and therefore the
market for albino body parts continue to exist, engendering fears that attacks may recur.
B. The continuing vulnerability of children
47. The vulnerability of children in Burundi is acute. In over 80 per cent of the cases of sexual
violence reported to United Nations human rights monitors, the victims were minors. No juvenile
justice system is in place to deal with children in conflict with the law.
48. A new approach is reflected in the Criminal Code promulgated in April 2009, which raises
the age of criminal liability from 13 to 15 years, revises prison sentences applicable to minors
and provides, inter alia, for their education, placement in an institution that promotes their
rehabilitation and alternatives to the deprivation of liberty. It also sets out a number of specific
offences affecting children - including domestic violence, abandonment of a child, kidnapping,
pornography, and prostitution of children.
49. The challenge now is to translate these legislative developments into feasible programmes.
Currently, Burundi has no rehabilitative educational services, nor any procedures for alternative
sentencing. While Burundian law provides for the protection and care of victimized children,
such measures are effectively limited to the forfeiture of parental authority and are rarely
applied. Parents of children taken into custody are rarely contacted, minors’ records are not
marked for prompt treatment, failure to separate minors from adults in detention is widespread,
and deprivation of liberty is widely used as an easy measure of sanction rather than as a last
resort.
50. In cooperation with other concerned ministries, United Nations agencies and international
and local civil society organizations, the Ministry of Justice has established a coordination
group on juvenile justice, which is currently developing a national strategy and action plan for
2009-2010 that, if adopted by the Ministry, should lead to the establishment of a juvenile justice
system.
51. In the Bujumbura Declaration of 17 January 2009, the FNL agreed to the immediate and
unconditional release of children associated with it. In May, the last group of such children were
reunited with their families. Another 40 children associated with a dissident faction of the FNL
were processed separately.
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