A/HRC/12/43
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69. Burundi can show how far it has progressed in the protection of human rights by
demonstrating how it protects its most vulnerable. More generally, lasting peace, security,
and development will not be achievable as long as the threats to human survival persist, not
only those inflicted by human agency, but also those of impersonal phenomena, not least
hunger and poverty.
70. Burundi faces daunting challenges, but it also has unprecedented opportunities. It has
already taken steps towards meeting a basic precondition - committing itself to
guaranteeing universal access to basic social services. If it guides the decentralization
process according to international human rights law, it should be able to provide these
services in ways that address local realities. If Burundi opens its budgetary processes to
public scrutiny through transparent consultative processes, it should be able to ensure
more effective delivery of such services and, moreover, to invest in the productive sectors
that can spur development within available means. Free from debt servicing, Burundi now
has a unique opportunity to ensure adequate financial support for this.
71. The issues raised in this report have already been presented to the Human Rights
Council in numerous reports by the independent expert on the situation of human rights in
Burundi, by the treaty bodies that have examined the reports submitted by Burundi, as
well as by the Government itself through the Universal Periodic Review procedure. It has
been recommended to the authorities to take a number of actions and, with respect to most,
they have pledged to do so.
72. The extent to which democracy and respect for human rights have taken root in
Burundi will be demonstrated by its ability and will to take concrete and meaningful steps
towards the implementation of these recommendations. The OHCHR, through the Division
of Human Rights and Justice of BINUB stands ready, as it has been since opening a
country office in 1995, to assist the Government and the people of Burundi in this process.
X. RECOMMENDATIONS
Legal reform
73.
It is recommended that:
(a) The Government undertake wide-ranging consultations on the draft revision of
the Criminal Procedure Code and, taking into consideration the outcome, expeditiously
enact a new Criminal Procedure Code that gives effect to the new Criminal Code;
(b) The provision of the new Criminal Code criminalizing homosexuality be
repealed.
Political rights
74.
It is recommended that:
(a) The law enforcement agencies and judiciary take urgent measures to prevent
abusive application of the charges of “slander against the Head of State” and “threat to
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