A/HRC/10/71
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24. Belgium recommended (a) that Burundi, in conformity with its obligations to ensure
non-discrimination, withdraw from the draft new criminal code a provision that would punish
homosexual relations. Noting tensions between the Government and the opposition parties, and
also with certain parts of the media and civil society, Belgium recommended that Burundi
respect freedoms of expression, association and assembly, pursuant to international instruments,
use mediation procedures to calm conflicts, and end the use of imprisonment for speech critical
of the Government. Belgium asked the Government about specific prospects for the
establishment of an independent national human rights commission pursuant to the Paris
Principles, as well as with respect to the upcoming visit of the independent expert.
25. The Netherlands, noting that the availability of human, financial, material and logistic
resources is a challenge for the Burundi judicial system, enquired about training programmes on
human rights for judicial personnel. It recommended that such training be mandatory for all
judges, lawyers and police officers. It noted that the level of violence against women is alarming
and asked for information on policies to combat it. It noted that the national report fails to state
that the right to a fair trial is sometimes hampered by political interference and asked what steps
are taken to guarantee the independence of the judiciary. Bearing in mind the universality of
human rights and the recommendation of the Human Rights Committee on the right to privacy
and non-discrimination, the Netherlands recommended that Burundi extend protection against
discrimination and ensure that no one is subject to discrimination on the basis of sexual
orientation.
26. The Czech Republic enquired about concrete measures to prevent, investigate and punish
cases of torture and extrajudicial killings. It recommended (a) the adoption of further measures to
fight impunity of persons responsible for such acts and prompt, thorough, independent and
impartial investigations into all allegations of these crimes; (b) an increase of financial and
human resources available to the judicial system; (c) accession to the Optional Protocol to the
Convention against Torture and the establishment of an effective national preventive mechanism
in compliance with the Protocol; (d) the strengthening of efforts to ensure that all newborn
children are officially registered; and (e) the issuance and implementation of a standing
invitation to special procedures. The Czech Republic was concerned that some provisions of the
draft criminal code could in practice undermine the right to privacy and non-discrimination of
persons of minority sexual orientation.
27. The United Kingdom noted that the Committee against Torture recommended the
clarification of the status of the Convention against Torture in national law; further steps to
strengthen the independence of the judiciary; conclusions of investigations relating to the
Muyinga and Gatumba massacres and that perpetrators be brought to justice. The
United Kingdom will continue to provide technical assistance to the Government and its partners
to help strengthen the capacity and independence of the judicial system. In this context, it
strongly urged Burundi to ensure the establishment of the national human rights commission in
full compliance with the Paris Principles. The training of police, the military and security
services is critical to improving human rights, and the United Kingdom welcomed work in this
regard and the engagement of international partners. The Government’s relationship with civil
society, media and opposition parties deteriorated in 2008, and the United Kingdom expressed
hope that the Government will continue to engage in a constructive relationship with these
actors. This approach would ensure that the 2010 elections are free, fair and take place within a
peaceful environment. Noting that the Government has agreed to proceed with national
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