A/HRC/12/43 page 5 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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