A/HRC/RES/42/26
undermine the benefits of a free press and the creation of an environment conducive to free,
transparent, credible and inclusive elections;
14.
Calls upon the Government of Burundi to follow up on and implement the
recommendations accepted by the State in the context of its universal periodic review on 18
January 2018 and at its two previous reviews and to, inter alia, take the measures necessary
to ensure that the newly constituted Independent National Human Rights Commission
complies fully with the principles relating to the status of national institutions for the
promotion and protection of human right (the Paris Principles);
15.
Notes the conduct of an investigation opened by the Prosecutor of the
International Criminal Court in April 2016 and effective as of 25 October 2017 following the
decision of the Pre-Trial Chamber, which considered that the supporting materials presented
by the Prosecutor offered a reasonable basis to proceed with an investigation in relation to
crimes against humanity allegedly committed since at least 26 April 2015 by State agents and
other groups, such as the Imbonerakure, implementing State policies, and stresses the
relevance of the findings and the evidence collected by the Commission of Inquiry to
international accountability mechanisms;
16.
Calls upon the Government of Burundi to cooperate fully with the International
Criminal Court in relation to the investigation that was authorized and initiated before the
withdrawal of Burundi from the Rome Statute came into force;
17.
Urges the Government of Burundi to cooperate fully with the treaty bodies, to
allow special procedure mandate holders to enter and visit the country, to engage
constructively with the regional office of the Office of the United Nations High
Commissioner for Human Rights, and to stop any reprisal against human rights defenders
who are cooperating with international human rights mechanisms, including the Human
Rights Council;
18.
Welcomes the work of the African Union human rights observers in Burundi,
and calls upon the Government of Burundi to facilitate their effective work and movement in
the country and to engage in negotiations with the African Union on a memorandum of
understanding thereon;
19.
Encourages the Government of Burundi to cooperate, without preconditions,
with the regionally-led mediation efforts to create conditions for an inclusive and genuine
inter-Burundian dialogue that ensures the active participation of women and involves all
relevant stakeholders, including civil society representatives, from both inside and outside
the country;
20.
Expresses its deep concern at the difficult situation of Burundians who have
fled the country, including of the nearly 350,000 Burundians who are currently settled in five
neighbouring countries, underlines the importance of upholding the voluntary nature of
return for refugees and of ensuring that conditions in Burundi are conducive for sustainable
refugee returns, calls upon Governments in the region to ensure that those returns are
voluntary, in accordance with existing international agreements signed with the Office of the
United Nations High Commissioner for Refugees, based on informed decisions and in safety
and dignity, and welcomes the efforts of neighbouring countries and the international
community to provide humanitarian support and international protection to those persons;
21.
Recommends that the General Assembly submit the report of the Commission
of Inquiry on Burundi to the relevant United Nations bodies for their consideration and
appropriate action, taking into account the relevant conclusions and recommendations of the
Commission;
22.
Decides to extend the mandate of the Commission of Inquiry on Burundi in
order for it to deepen its investigations, including into respect for and observance of political,
civil, economic and social rights in the electoral context, with particular reference to the
economic underpinnings of the State, until it presents a final report to the Human Rights
Council during an interactive dialogue at its forty-fifth session and to the General Assembly
at its seventy-fifth session, and requests the Commission to present an oral briefing to the
Council at its forty-third and forty-fourth sessions during an interactive dialogue;
4
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