A/HRC/12/43
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instruments for the peaceful resolution of past and present conflicts and to ensure meaningful
protection of human rights, and its resolve to take special measures for the most vulnerable in
society will demonstrate the depth of Burundian democracy. This report presents the state of the
legal and institutional framework for the promotion and protection of human rights, the progress
being made towards their strengthening, and the most salient recent developments.
6.
The human rights presence of the United Nations in Burundi consists of the Division of
Human Rights and Justice based in the United Nations Integrated Office in Burundi (Bureau
intégré des Nations Unies au Burundi or BINUB). The Division is staffed and resourced by
the Office of the United Nations High Commissioner for Human Rights (OHCHR), the
United Nations Development Programme (UNDP) and the Department for Peacekeeping
Operations (DPKO). Its main functions are to monitor the situation of human rights in Burundi,
provide technical advice and support for the improvement of the realization of human rights, and
promote the overall level of awareness of human rights among the population and among
specific target groups, guided by the recommendations of the international human rights treaty
monitoring bodies, the independent expert on the situation of human rights in Burundi of the
Human Rights Council, and the recommendations of the Council on Burundi. Its mandate
stems from Security Council resolution 1719 (2006), which established BINUB, and the
two memoranda of understanding concluded between OHCHR and the Government of Burundi
in 1995.
II. LEGAL REFORM
7.
The most significant development in legal reform was the enactment, on 22 April 2009, of
Law No.1/05 revising the Criminal Code, which abolishes the death penalty, defines and
prohibits torture, and criminalizes genocide, war crimes, and crimes against humanity. It also
raises the minimum age of criminal liability, strengthens the punishment of violence against
women and children, provides a clearer definition of rape, and criminalizes sexual harassment.
8.
However, in its article 567, the Criminal Code also criminalizes homosexuality. This
provision infringes the right of everyone to protection from illegal or arbitrary interference on his
or her privacy, which is provided for under article 17 of the International Covenant on Civil and
Political Rights, as well as the right to non-discrimination established under all the human rights
treaties.
9.
Efforts have also been undertaken to revise the Criminal Procedure Code. In 2007, the
United Nations supported the Government in the formulation of the text, but no progress has
been made to date on scheduling its presentation to the Council of Ministers and to Parliament.
Other key laws that need to be brought into line with international standards and await enactment
include those on inheritance, land ownership, not-for-profit organizations, the establishment of a
national human rights institution and ombudsman, and the status of the judiciary.
10. Although under article 19 of the Constitution, international human rights law forms an
integral part of domestic law, in practice international law is rarely if ever alluded to in the courts
in Burundi.
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