A/HRC/10/71
page 9
(c) take all appropriate measures to address effectively the issue of impunity and to implement
adequate mechanisms of transitional justice, and (d) continue its national policy to improve
access to education for all children and to include in the school system, at all levels, appropriate
measures in the field of human rights education in accordance with the Plan of Action 2005-2009
of the World Programme for Human Rights Education.
33. Denmark noted with satisfaction the continuing improvement in the human rights situation,
but noted a rise in sexual violence against women and children in detention facilities and
enquired about measures to end impunity for such crimes. Denmark recommended that all
reports of rape and sexual violence by law enforcement officials be promptly and impartially
investigated and that the perpetrators be brought to justice. It further recommended that the
practice of torture and other ill-treatment by law enforcement officials be condemned and
brought to an end, that immediate independent and impartial investigations into all allegations of
such acts be undertaken, and that alleged perpetrators be brought to justice.
34. China welcomed the efforts made in gender equality, children’s rights and international
human rights cooperation. Regarding the current international food and financial crises, China
asked what specific difficulties Burundi encounters in guaranteeing the right to food, how it will
prevent any related potential social uncertainties, and what assistance it expects from the
international community. Furthermore, China asked how Burundi is balancing national
reconciliation and punishment of criminals and how it assesses the work and the role of the
national consultative tripartite commission during the transitional period.
35. Switzerland hoped that the Senate will soon approve the decision taken by the National
Assembly to abolish the death penalty. It regretted the decision by the Assembly to criminalize
homosexuality. Switzerland (a) encouraged Burundi to step up its efforts to implement the final
observations adopted by the Committee on the Elimination of Discrimination against Women. It
recommended (b) that Burundi take the necessary steps to amend the Code on Persons and the
Family, the law governing inheritance, matrimonial regimes and bequests and the Criminal
Code, to bring them into conformity with the principles of non-discrimination as set out in the
Convention on the Elimination of All Forms of Discrimination against Women; (c) adopt the
necessary additional measures to effectively prevent and combat sexual violence against women,
particularly minors; (d) guarantee freedom of expression to journalists and allow political parties
to carry out political activities, in particular the right of assembly, without unfounded
restrictions, and allow the registration of political parties without abusive constraints and in
keeping with the Constitution. Noting the continued impunity for crimes committed since
independence, Switzerland also (e) invited Burundi to establish, with the support of the
United Nations, a dual machinery including a special tribunal and a truth and reconciliation
commission, and (f) recommended that Burundi grant both bodies great independence and do not
restrict the powers of the future tribunal to the decisions of the commission. With regard to
political reintegration of the political armed movement, Switzerland repeated its full
commitment to supporting efforts made to bring together the fighters of the Palipehutu-FNL, and
the related disarmament, demobilization and reintegration process concerning this. It regretted
the delays in implementing the global ceasefire of 7 September 2006. It (g) invited Burundi to
continue its efforts to integrate without delay the Palipehutu-FNL into the defence and security
forces, as well as in the various executive, administrative and diplomatic areas.
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