A/HRC/9/14
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forthcoming elections. The international community must be more engaged in order to secure an
appropriate environment for this process; otherwise, Burundi could be plunged into another cycle
of violence, which would threaten the stability of the region.
4. Sexual violence
54. There has been an increase in cases of sexual violence in Burundi since the last trimester
of 2007. From January to September 2007, the Human Rights and Justice Section of BINUB
registered 609 cases of sexual violence, including rapes. Sexual violence against women and
children remains widespread. A significant increase in the incidence of gang rape has been
recorded since the beginning of 2008. The majority of cases are committed by civilians,
including minors. Most cases do not reach court because the perpetrators are released during the
pre-jurisdictional investigations, or escape from police cells. Cases that reach court reportedly
rarely reach a judgement because procedures are too lengthy and cumbersome for both the
victims and witnesses. It is reported that some of the cases are committed within police premises;
for example, on 17 January 2008, at about 10 p.m., in the holding cell of Musaga commune,
Bujumbura Mairie province, a police officer raped a 16-year-old girl. A second officer also
attempted to rape her, but was stopped from doing so by another police officer, who was alerted
by the screaming of the victim. The police officers were arrested on 19 and 20 January,
respectively. However, on the night of 20 to 21 January, the perpetrators escaped from the police
station, though one was later arrested the same night.
55. Many cases of sexual violence continue to be settled amicably outside the court. Families
of the offenders continue to offer compensation to the families of the victims or propose that the
offenders marry the victims. This practice is allegedly conducted with the support of some
administrative and police officials. Consequently, the phenomenon of sexual violence remains
high and there is little hope that it will decline in the foreseeable future.
56. This phenomenon will not be ended until the criminal justice system is reformed and laws
are in line with international human rights standards. The current laws have contributed to the
impunity for rape. Non-governmental organizations believe that all levels of authority, from the
relevant ministries to the commune, should be more involved in the fight against sexual violence.
They need to make a public commitment to tackle this issue and order the relevant law
enforcement agencies to punish the perpetrators of sexual violence with extreme severity,
according to the provision of the law. The Ministry of National Solidarity, Human Rights and
Gender Issues explained that the increase in the incidents might be related to more reporting to
the police because of the sensitization which the Government, the United Nations and civil
society have been carrying out since the sixtieth anniversary of the Universal Declaration of
Human Rights.
57. The independent expert was informed that the draft family and inheritance law had been
analysed in 2006 by the Government. Discussions on this law have been ongoing for more that
eight years and it is important that the Government submit it to Parliament as soon as possible.
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