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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Burundi – 15th Session – 2012
Thursday 24th January 2013 - 9.00 a.m. - 12.30 p.m
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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations
(Read about the first cycle review)
4. The recent general census of population and housing of 2008 put the population ofBurundiat 8,038,618, of whom 4,111,751 were women. The population ofBurundiis very young: young people and children account for over 60 per cent. Population density is 297 inhabitants per square kilometre, with an annual demographic growth rate of 3 per cent.Bujumbura, the capital, is the most populous city.
11. The new Criminal Code has introduced a number of innovations, such as the abolition of the death penalty, an increase in the age of criminal responsibility from 13 to 15, the right to claim mitigating circumstance for children under the age of 18, measures to protect children against domestic violence, incitement to debauchery, soliciting, prostitution, rape, abduction, fraudulent adoption, sale, exploitation and pornography, introduction of socio-judicial supervision and other alternatives to imprisonment with a view to individualizing penalties, punishment of the crime of genocide, war crimes and crimes against humanity, punishment of the crime of torture, and punishment of rape not subject to amnesty or the statute of limitations. In addition, it reproduces all the other rights protected under the former Code.
12. The institutional framework, which is conducive to respect for human rights, has been strengthened. Particular mention should be made of the establishment of the National Independent Human Rights Commission in accordance with the Paris Principles under Act No. 1/04 of 5 January 2011; the establishment of the institution of the Ombudsman under Act No. 1/03 of 25 January 2010 on the organization and functioning of the institution of the Ombudsman; the creation within the National Police of a Directorate-General for Civil Protection and a specialized unit for the protection of minors and women; the formation of a tripartite commission involving the Government, the United Nations and civil society to work on the creation of a technical committee to set up transitional justice mechanisms; the establishment of an on-call prosecution unit in order to ensure real-time reaction by the Public Prosecutor’s Office to human rights violations; the appointment of “focal point” judges to each regional court to follow up cases involving gender-based violence; the introduction of community-based justice by providing the Ministry of Justice with the necessary funding to hold itinerant sessions; and the establishment of the National Children’s Forum of Burundi under Decree No. 100/167 of 5 June 2012.
13. In relation to the list of ratifications of international legal instruments presented by Burundi in 2008, it should be noted that the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children has already been adopted by the National Assembly.
22. Furthermore, the Government has undertaken other activities such as organizing training sessions for prison officials on respect for human rights in the prison environment, disseminating the relevant legislation and the code of conduct for prisoners (in French and Kirundi), and improving 7 of the country’s 11 prisons, with the particular aim of separating children from adults and men from women. The impact of the latest measures from 2012 can be seen in the attached tables on the prison situation.
28. Burundi is committed to the principle of equality between all of its citizens. This is reflected in the following action taken: (i) the implementation of measures aimed at respecting the minimum quota of 30 per cent for the representation of women in decision-making bodies (it is satisfying to note that, in the 2010 administration, 32 per cent of deputies, 46 per cent of senators, 17.6 per cent of provincial governors, 34 per cent of commune administrators, and today 35 per cent of ministers are women), (ii) the adoption of the Criminal Code in 2009 that provides for serious punishment for trafficking in women and girls as well as exploitation and prostitution, (iii) the elaboration of a draft Code of Criminal Procedure with provisions that, with the consent of victims of sexual violence, would allow human rights defence associations to submit complaints on their behalf, (iv) the elaboration of a specific draft bill on gender-based violence, which is in the process of being adopted, (v) the vote on a budget that takes account of gender, (vi) the drafting of an action plan on Resolution 1325 providing for a study on the impact of the absence of a written law concerning inheritance, matrimonial regimes and bequests on men, women and the community, as well as the added value of such legislation, (vii) the adoption of a national plan of action on Resolution 1325 and its implementation, (viii) the adoption of the national gender policy in 2003, which was evaluated and updated in 2011, and (ix) the creation of a National Women’s Forum.
29. The Burundian people are convinced that children are the country’s future. The State is therefore committed to ensuring the protection of children and has put in place the following tools: (i) a new Criminal Code that contains very important innovations providing greater protection for children’s rights, (ii) a draft Code of Criminal Procedure containing provisions that focus on the best interests of those under the age of 18, (iii) a general policy for children in conflict with the law that applies the principle of separation of minors from adults, (iv) a unit for children’s legal protection within the Ministry of Justice (since 2011), (v) a National Independent Human Rights Commission (2011), (vi) mapping and evaluation of the children’s rights protection system, (vii) a draft national policy for the protection of children’s rights pending analysis and adoption by the Council of Ministers, (viii) a national action plan for the period 2010–2015 with the overall aim of eliminating the worst forms of child labour in Burundi, (ix) a draft code for the protection of children’s rights currently under development, (x) a process to set up child protection committees from provincial to colline level with a national child protection coordination committee, (xi) a national strategy to prevent and combat the phenomenon of street children, and (xii) a National Children’s Forum (since June 2012).
30. A Department of Children and the Family has been in place since 2011 within the Ministry of National Solidarity, Human Rights and Gender.
31. The Batwa are fully fledged Burundian citizens. Moreover, respect for ethnic diversity is enshrined in article 1 of the Constitution of theRepublicofBurundi. Thus, the rights of all Burundians are protected equally, as is reflected in (i) children’s education and (ii) freedom of association: Batwa associations that act as advocates for the rights of this community receive accreditation if they apply and meet the criteria set out in the law; (iii) participation in the political life of the country: they are represented in the two houses of Parliament, as provided for in the Constitution. They are also represented in other institutions such as the General State Inspectorate, the National Commission on Land and Other Property, and the East African Legislative Assembly.
32. As for albinos, the Government of Burundi has taken measures to punish the perpetrators of crimes against such persons in accordance with the law.
36. To achieve the 2025 vision of having a decentralized, inclusive education system with policies consistent with regional and international standards in terms of fair access, improvement of the quality of teaching and gender-sensitive attitudes and behaviour, the Government of Burundi has developed a programme covering seven pilot provinces for primary and secondary education, with the objective of promoting girls’ education at all levels and eradicating the causes of school dropout.
37. The Government has also adopted new education systems referred to as “basic education schools” at primary and secondary levels and “degree-masters-doctorate” at higher level, and a draft policy on girls’ education is in the process of being adopted.
38. As part of its efforts to improve fair access to treatment and health services with a view to developing a system that provides substantial cover for high-impact and high-quality interventions, the Government of Burundi has put in place (i) a National Health Development Plan for the period 2011–2015, (ii) decentralized Ministry of National Solidarity, Human Rights and Gender structures known as Family Development Centres, which work together with the Ministry of Public Health and the Fight against Aids to raise awareness and provide psychosocial care for gender-based violence as well as sexual education for young people, and (iii) a health insurance card since January 2012 for sections of the population other than civil servants, who already have a mutual insurance card.
41. For practical reasons and on the basis of their content, the 41 recommendations accepted by the Government of Burundi during the 2008 universal periodic review have been clustered into 10 thematic groups.
Follow-up of recommendations of the Committee on the Elimination of Discrimination against Women
9. Combating gender-based violence
50. In the area of legislation, there has been remarkable progress: (i) the revised 2009 Criminal Code makes gender-based violence an offence; (ii) a draft revised Code of Criminal Procedure is being examined by the Government. This Code would allow human rights defence associations to submit complaints on behalf of victims of sexual violence with their consent, and would make provision of legal assistance to these victims compulsory; (iii) a specific bill on gender-based violence is in the process of being adopted. Other measures taken include: (iv) the creation of a budget line for “legal assistance” in the Family Development Centres; (v) the adoption of a budget to take account of gender; (vi) at the institutional level, the introduction of gender-based violence focal points in the Ministry of Justice and the Ministry of Public Security; (vii) all 34 regional courts and public prosecutor’s offices have three and two gender and child focal points respectively; (viii) the police units for minors and the protection of moral standards take preventive measures.
11. Trafficking in women and girls and prostitution
52. The 2009 Criminal Code criminalizes trafficking in women and girls, exploitation, and prostitution.
12. Education and training of girls and women
53. (i) A National Adult Literacy Service has been established with a decentralized service in each province; (ii) a United Nations Girls’ Education Initiative programme has been launched to promote girls’ education at all levels; (iii) the abolition of school fees has reduced the previous gap in enrolment to such an extent that in some schools girls now outnumber boys; (iv) a Girls’ Education Policy project has been approved; (v) a “Gender Equality” strategy has been drafted; (vi) school regulations that take account of the specificity of girls have been revised and are now available.
13. Women and the labour market
54. (i) The 1993 Labour Code is in the process of being revised and adapted to the current context, taking account of the gender and child perspectives; (ii) a coherent and inclusive National Employment Policy taking into account vulnerable groups is being drafted.
14. Taking women into account in health policy
55. (i) The Ministry of Public Health and the Fight against Aids has drawn up a National Health Development Plan 2011–2015, one of whose priorities is the improvement of maternal and child health. The National Plan will contribute to reducing mortality linked to infectious diseases and maternal and neonatal mortality by 2015; (ii) with regard to maternal and neonatal health, the Government and its partners ensure the availability of health inputs and free health care for pregnant women up until delivery and the availability of services in health facilities; (iii) sex education is provided through the Strategic Reproductive Health Plan. Fifteen health centres for young people (“Centres de santé amis des jeunes”), which take account of the gender perspective, have been established.
15. Taking into account the needs of rural and older women
56. (i) Rural Burundian women are progressively gaining access to health care pursuant to the existing health policy, as well as to education and justice; (ii) under the commune development policy, all women have access to drinking water; (iii) the Strategic Framework for Growth and Poverty Reduction II recommends that the ministries’ sectoral policies take account of the needs of rural women by strengthening their empowerment.
Follow-up of recommendations of the Committee against Torture
6. Age of criminal responsibility
63. (i) The age of criminal responsibility is 15; (ii) pending a special law on justice for minors proposed as part of the sectoral policy of the Ministry of Justice, the bill revising the Code of Criminal Procedure will devote an entire chapter to preliminary inquiries, proceedings, prosecution and trial of minors with special responsibility.
12. Child soldiers
69. (i) The National Commission for Demobilization, Reinsertion and Reintegration of former soldiers had a special project for child soldiers; (ii) it was replaced in 2009 by the Emergency Project for Transitional Demobilization and Reintegration, which is made up of exactly the same elements; (iii) in addition to children who had not been permanently reintegrated, the project deals with demobilized National Liberation Front (FNL) troops. As all of these children were reintegrated in 2011, the project now focuses on those who sustained disabilities during the war.
Follow-up of recommendations of the Committee on the Rights of the Child
1. Monitoring mechanism, birth registration
72. (i) The Government has temporarily abolished registration fees and fines for late registration; (ii) a large-scale campaign has been conducted nationwide to raise awareness among parents who have not yet registered their children.
2. Non-discrimination against Batwa children
73. (i) The Government has developed agropastoral and self-development projects for the Batwa in consultation with them. They are provided with housing in peace villages and land, thus improving the living conditions of Batwa children in their families; (ii) in addition to free primary school education, the Government covers the costs of Batwa children who attend secondary school.
3. Legislation on children
74. (i) A draft Child Protection Code that takes account of the subdivisions of the Convention on the Rights of the Child is currently being prepared; (ii) there are also plans to revise the Code of the Person and the Family, the Code of Criminal Procedure and the Labour Code in accordance with the provisions of the Convention.
4. Coordination of child protection activities
75. (i) The Government has conducted a study on the mapping and evaluation of the child protection system inBurundi. On the basis of this study, a draft national child protection policy is in the process of being approved; (ii) consultations with the relevant partners in relation to this policy have already begun: the National Policy for Orphans and other Vulnerable Children and the related national plan of action, the minimum standards for children in institutions or deprived of a family environment, have been drafted and implemented in collaboration with civil society; (iii) the Department of Children and the Family has been established.
5. Budget allocations for children
76. Eight of the Government’s 21 ministries are particularly concerned with children’s affairs and each have a budget earmarked for this area.
6. Data collection
77. In order to ensure adequate supervision, the draft child protection policy provides for the creation of a database on all matters relating to children’s rights.
7. Dissemination and awareness-raising
78. Awareness-raising campaigns focusing on the rural population are regularly conducted by the Government and civil society. Media awareness-raising reaches a large audience.
8. Best interests of the child
79. (i) In general, the Constitution grants children rights and provides for particular measures to guarantee their safety, well-being and development; (ii) at sectoral level, although there is room for improvement, legislation on education, public health, the family, citizenship and offences takes account of the best interests of the child.
9. Right to life of albino children
80. (i) As a measure of protection, the families of albino children in localities there has been violence against albinos, such as Ruyigi, have been temporarily grouped together by the police; (ii) the criminal network has been dismantled and the perpetrators have been sentenced to life imprisonment.
10. Respect for the views of the child
81. (i) A National Children’s Forum was established in June 2012; (ii) Burundi’s sectoral plans and policies incorporate the principle of respecting the views of the child, and this is effectively implemented, as in the National Policy for Orphans and other Vulnerable Children and its national plan of action and the national action plan against the worst forms of labour 2010–2015.
11. Corporal punishment
82. (i) Awareness-raising campaigns on the prohibition of corporal punishment against children are regularly targeted at families, children’s institutions and prisons; (ii) in schools, the current school regulations prohibit corporal punishment against pupils; (iii) the 2009 revised Criminal Code pays particular attention to the protection of children (arts. 221, 206, 512 to 525, 535 to 537).
90. NGOs and civil society organizations, in cooperation with government services and development partners, have awareness-raising and training programmes for targeted groups in subjects including: (i) women’s rights, (ii) children’s rights, (iii) rights of persons with disabilities, (iv) rights of persons deprived of their liberty, (v) rights of orphan children, (vi) vulnerable groups, (vii) indigent persons affected or infected by HIV/AIDS.
96. The parents of albinos, like other minority groups, are now made particularly aware of the economic and social rights of their children, especially the right to education.
118. Vision Burundi 2025 plans to reverse the negative trend in per capita GDP following the sociopolitical crisis of 1993. The objectives of the Vision are (i) universal education and a reduction in illiteracy, (ii) demographic growth and an increase in economic growth.
125. Increased awareness of the protection of the rights of specific groups, development of a comprehensive legal instrument bringing together all provisions relating to children’s rights: in 2011, the Burundian Government initiated the process of drafting a child protection code. In parallel, a national child protection policy was developed and is in the process of being approved.
132. The aims of this policy are to free up arable land, improve the conditions of citizens on low incomes, guarantee better access to basic infrastructure such as housing, health, education, drinking water, electricity, information and communication technology, protect the environment and improve the rural habitat.
1. In 2010, the Committee on the Rights of the Child (CRC) recommended thatBurundiratify OP-CEDAW; CRPD; OP-CRPD; OP-CAT and OP-ICESCR.
3. The United Nations High Commissioner for Human Rights (High Commissioner), the Secretary-General, the Independent Expert on the situation of human rights in Burundi (Independent Expert), CRC and the United Nations Integrated Management Team in Burundi (UNIMT) welcomed the 2009 Criminal Code which abolishes the death penalty; defines and prohibits torture; criminalizes genocide, war crimes, and crimes against humanity; raises the minimum age of criminal liability; strengthens the punishment for violence against women and children; provides a clearer definition of rape and criminalizes sexual harassment. The Secretary-General noted that the revised criminal code prohibits the enlistment of children into the national defence forces and raises the minimum age for conscription to 18 years. The ILO Committee of Experts on the Application of Conventions and Recommendations (ILO Committee of Experts) noted that begging and vagrancy were decriminalized.
5. The High Commissioner noted that laws on inheritance, not-for-profit organizations and the status of the judiciary were among those to be brought into line with international standards and/or awaiting enactment. The Secretary-General, CRC and UNIMT expressed concern regarding the stalemate in the adoption of a law on inheritance and matrimonial regimes. CRC urgedBurundito adopt a comprehensive legal instrument gathering all the rights of children.
8. CRC recommended thatBurundiempower the Directorate for the Protection of the Rights of Children. It also encouragedBurundito adopt a national plan of action on children’s rights.
9. In 2005,Burundiadopted the United Nations Plan of Action (2005–2009) for the World Programme for Human Rights Education focusing on the national school system.
10. CRC urgedBurundito address previous recommendations related to monitoring mechanisms, birth registration, discrimination against the Batwa minority and juvenile justice.
11. The Secretary-General stated that following the adoption in 2010 by the CRC of the concluding observations,Burundihad established a child and family department within the Ministry of National Solidarity, Human Rights and Gender.
15. CRC remained concerned at the de facto discrimination of children, particularly girls, regarding access to education and succession rights, as well as children born out of wedlock, albino children, children of the Batwa minority and children placed into kafala families. It urgedBurundito eradicate all discriminatory laws.
20. The High Commissioner, the Independent Expert and UNIMT reported that, since 2008, persons with albinism had been killed based on superstition. The High Commissioner recommended that a national programme be established to protect persons with albinism. CRC urgedBurundito avoid any future killing of albino children; investigate and prosecute the perpetrators; and undertake preventive measures.
23. CRC expressed concern that some children were born in prisons and/or had accompanied their mothers in prisons. It recommended thatBurundiensure that living conditions in prisons were adequate for the development of the child and seek alternative measures to institutional confinement for pregnant women and mothers with young children.
25. In 2011, the Secretary-General noted the continued violence committed against women. CRC was concerned at the high incidence of rape and other sexual violence against women and girls, including domestic violence. CRC was further concerned that enforcement is poor and few cases are successfully investigated and perpetrators prosecuted. UNIMT and the Independent Expert expressed concern about the pressure exerted on rape victims to accept amicable settlements. UNIMT reported that sexual violence remained a concern and that in the majority of cases the perpetrators were civilians and the victims were minors. UNIMT added that a bill was being considered in 2012. CRC urgedBurundito pass legislation on sexual and gender-based violence (SGBV), and ensure its application. UNHCR also recommended that the capacity of the law enforcement authorities be enhanced to address the level of impunity for SGBV perpetrators and provide protection for victims of trafficking.
26. CRC urgedBurundito prohibit all forms of violence against children, provide recovery and social reintegration services and protect all children from all forms of physical, sexual and psychological violence.
27. CRC was concerned at the high levels of child abuse, particularly sexual abuse in schools. It recommended thatBurundiensure that schools are safe places for children, particularly girls; establish mechanisms to receive, monitor and investigate reports of such abuse and provide children victims with psychological and other support.
28. CRC was concerned that corporal punishment continued to be practiced and urgedBurundito explicitly prohibit its use in all areas.
29. CRC was concerned that child exploitation, including child labour, is widely practiced inBurundi. It urgedBurundito bring the legislation into conformity with ILO Conventions No. 138 (1973) and No. 182 (1999); put in place mechanisms to protect working children and establish the labour inspectorate to ensure implementation of child labour laws.
30. CRC was concerned at the high number of children in street situations. It urgedBurundito address the root causes and define preventive and protective measures; support family reunification programmes or alternative care and ensure the children access to education, adequate health services, shelter and food.
31. CRC was concerned about the gaps in the recruitment process to the armed forces due to a lack of adequate birth registration and the lack of recovery for children affected by armed conflict. It urgedBurundito prevent the recruitment of children and enforce its legislation. The Secretary-General noted that as at June 2009, there were no known cases of children associated with armed groups. CRC welcomed the release of children associated
40. CRC was concerned that the criminal juvenile justice system is not in place; children are detained, prosecuted, tried and sentenced by the same courts, and following the same procedures as adults and children stay in pretrial detention for a long period. CRC urgedBurundito implement juvenile justice standards; establish a child-focused juvenile justice system; adopt the Criminal Procedure Act and the national strategy on juvenile justice; use incarceration of children as a last resort, and for the minimum time possible, and detain children separately from adults.
44. The Independent Expert also encouragedBurundito involve civil society in the process of establishing these institutions, in line with international standards. The Secretary-General noted the need to include special protection measures for children in the transitional justice process.
45. CRC was concerned that a large number of children were not registered at birth and recommended thatBurundiensure access of all children to free birth registration. UNHCR indicated that vulnerable groups continued to face obstacles to birth registration. However, it welcomed the grace period up to September 2012 granted by the Government to obtain a birth certificate free of charge.
46. CRC expressed concern about the large number of children deprived of parental care and recommended that Burundi protect the rights of those children and address their needs.
59. The Secretary-General indicated that the socioeconomic situation was characterized by widespread poverty, land scarcity, combined with high population density, and high unemployment, particularly among youth. Recognizing efforts to improve access to health care and education, the Secretary-General noted, however, that the country’s capacity to provide basic social services has been stretched due to the return of 6 per cent of its population over the past eight years. He noted also that in 2010, inflation had reached 8.4, further reducing people’s access to food. Furthermore, the High Commissioner stated that ensuring the right to food is one of the most urgent tasks.
60. The Independent Expert noted thatBurundiremained one of the poorest countries in the world. He added that, according to the United Nations Development Programme (UNDP), it would be difficult to achieve the Millennium Development Goals on eradicating extreme poverty and hunger by 2015. CRC noted with concern that a large proportion of families and children live in extreme poverty, especially in rural areas.
61. CRC was concerned that the budget allocated to social infrastructure and social services, including health, education, water and sanitation, remains insufficient.
62. CRC was concerned at the low level of access to clean water and sanitation, particularly in rural areas.
63. The Independent Expert and UNIMT expressed concern at the lack of resources to provide free medical assistance to pregnant women and children under 5.
64. CRC remained concerned at high levels of malnutrition; extremely poor health conditions; high mortality rates among children; high maternal mortality rates; the limited number of health centres; limited drug supply and the high cost of medicine. It recommended thatBurundiensure equal access to quality health services for all children.
65. CRC remained concerned at the lack of an adolescent health-care policy. It recommended thatBurundiprovide reproductive health education and specialized assistance for the treatment of mental, reproductive and other health concerns of adolescents.
68. CRC was concerned that HIV had increased in rural areas; a high number of children born to HIV positive mothers are orphans and adolescents and youth are affected by sexually transmitted infections. It recommended that Burundi promote HIV/AIDS awareness and prevention; expand facilities and medical training; combat discrimination against children infected with HIV; and improve protective and preventive support for AIDS orphans.
69. The Independent Expert expressed concern about the lack of resources to provide universal primary education.
70. UNIMT noted that the educational system faced difficulties due to the capacity of the available infrastructure and the inadequacy of facilities and training. UNIMT added that, although the net enrolment rate was 96 per cent in 2010/11, with an equal gender distribution, the high repeat rate, notably for girls, and cases of teenage pregnancy at school remained matters of concern.
71. CRC remained concerned about the limitation of compulsory school education to six years. It was also concerned about poor primary school attendance and completion rate; the large number of school dropouts, especially girls; overcrowded schools and the insufficient number of trained teachers and available school facilities. It recommended that Burundi ensure access to and completion of at least primary school; expand compulsory education to secondary school up to 16 years, paying particular attention to girls, and improve the quality of education.
73. CRC was concerned that children with disabilities had limited access to education and health-care services. It recommended thatBurundiadopt legislation to protect all children with disabilities and combat discriminatory attitudes.
74. The High Commissioner highlighted the challenges faced by the Batwa community, including inadequate access to land; weak school attendance rates; inadequate housing; non-registration of marriages and births; alleged bias in judicial procedures and lack of revenue-generating activities. She recommended that an outreach programme be launched to sensitize the Batwa to the need for and access to national identity cards.
76. CRC remained concerned that Batwa children suffered discrimination, particularly Batwa girls. It urgedBurundito strengthen Batwa representation in national policy-making; protect the rights of Batwa children and create policies and programmes to improve the situation of Batwa girls.
77. UNHCR noted that although the 2008 Law on Asylum and Protection of Refugees provides refugees the right to work, freedom of movement, access to public education and naturalization of refugees, it has not been applied to date. UNIMT added that the adoption of the Law had been followed, in May 2009, by the establishment of the National Office for the Protection of Refugees and Stateless Persons. UNIMT also noted that identity cards had been issued to refugees since 2009. However, UNIMT reported that Omani nationals were at risk of statelessness. UNHCR expressed similar concerns.
80. CRC was concerned at the large number of refugees, internally displaced people and people forcibly resettled withinBurundi. It was also concerned about the inadequate and life-threatening conditions in resettlement camps and unaccompanied displaced children. It urged Burundi to protect the civilian population from displacement; end forced resettlement; ensure that all displaced children and their families have access to essential health and education services and provide returning children and their families with assistance in re-establishing themselves in their homes.
Summary of stakeholders' information
9. NIHRC indicated that a national policy and a national plan of action for the protection of children in Burundi (PNPE) had been drawn up and adopted at the technical level. It added that a draft code for the protection of children was being prepared. However, NIHRC pointed out that public resources were insufficient.
10. JS6 drew attention to the creation of a national cell for legal protection of children, which was responsible for introducing a national strategy for the administration of justice for minors.
15. According to NIHRC, mixed progress had been made in bringing certain discriminatory laws into conformity with CEDAW. It indicated that there had been no move to amend the nationality act. NIHRC added that the bill on succession, matrimonial property and dispositions by will had not been adopted. JS6 expressed similar concerns and added that the adoption of the bill should ensure that women and girls had the same rights as husbands and sons in respect of succession and would help to settle disputes over property that came before the courts.
17. HRW indicated that Lesbian, Gay, Bisexual and Transgender (LGBT) had reported that the criminalization of same sex relations in 2009 had increased stigma and made LGBT less likely to seek assistance when they are victims of crimes, and more vulnerable to extortion. It added that an education policy adopted in 2011 further entrenched discrimination on the basis of sexual orientation as, according to it, on the basis of “homosexuality” students could be expelled for a year and denied admission into any school.
28. NIHRC pointed out that although the legal age of criminal responsibility had been raised from 13 to 15 years, there were still failures to observe this.
29. The Community Association for the promotion and protection of human rights (ACPDH) indicated that national legislation contained no explicit prohibition on corporal punishment and that it was still tolerated by culture, tradition and religious beliefs. The Global Initiative to End All Corporal Punishment of Children (GIEACP) expressed similar concerns. It added that in 2010, a number of bills were under consideration, including a bill on the protection of children in difficulty, a bill on delinquent children and a bill to amend the Code of Personal and Family Affairs and, as reported, these bills did not include prohibition of corporal punishment.
45. JS6 indicated that the lack of satisfactory conditions of detention for imprisoned minors (e.g. separation of children from adults) and failure to provide alternative measures to imprisonment was another major shortcoming. JS6 recommended the adoption of the Code of Criminal Procedure, the draft of which made provision for the position of juvenile judge and alternative measures to prison as well as other provisions inspired by the international instruments on the administration of juvenile justice.
46. NIHRC reported that the rights of activists and sympathizers of opposition parties, as well as those of journalists and human rights advocates were threatened, especially since the boycott by opposition parties of the 2010 elections.
47. JS2 also indicated that since the 2010 elections and its boycott by the opposition parties, political space had been reduced. According to JS2, the government had failed to improve its mistrusted relationship with civil society and there were restrictions to their activities. It added that human rights defenders, media and lawyers repeatedly faced repression and attempts to silence them since 2010. HRW pointed out that the government has often responded negatively to the work of human rights activists and journalists, labelling them mouthpieces of the opposition. JS4 stated that in the absence of a strong opposition, civil society had become more isolated as the countervailing voice.
63. JS6 emphasized that despite the existence of a work inspectorate, the institution was completely inactive in the informal sector, which employed many children. It added that the problem of child labour still existed.
71. AIDB welcomed the programme to guarantee free maternity care and health care for children under 5 years of age. However, it added that Batwa women who had no identity documents were unable to benefit from maternity care and that their children died as a result of inability to pay for the cost of a full course of treatment. It also reported that Batwa children suffered from malnutrition.
72. NIHRC pointed out the continuing disparity between boys and girls, in particular in the field of technical education. The Commission also indicated that a draft policy on education for girls had been validated.
73. JS1 reported thatBurundicontinued to promote access to education for all in conformity with the commitments made in the 2008 UPR. Even though 31 per cent of current expenditure was assigned to the education sector, JS1 found that there were too few schools, classes were overcrowded, teachers poorly trained and that there was a shortage of teaching materials. It found confirmation of the inefficacy of the educational system in the drop-out rate, particularly among girls, and the large number of pupils repeating a year.
74. JS6 expressed concern about the children who gave up their studies. It added that according to a report by the Iteka league in 2011, statistics on the school drop-out rate called for special attention, despite the Government having given priority to universal, free and compulsory education.
75. AIDB noted that in spite of the policy of free schooling for all, Batwa children were unable to benefit from the right to education because of the conditions laid down by headmasters, such as the requirement to pay for their care and school equipment.
76. JS1 emphasized that disabled children did not have access to universal primary education and recommended that efforts be made to facilitate access for them.
78. AIDB recommended that public policies be put in place in support of education for the indigenous Batwa population and that efforts be made to promote their property rights and their rights to health, employment and decent housing.
79. JS1 indicated that there was a lack of measures to support and promote schooling for refugee and/or displaced children.
Accepted and Rejected Recommendations - To follow