38/10 Report of the Working Group on the Universal Periodic Review - Burundi

GE.18-06283 (E) 020518 030518

*1806283*

Human Rights Council Thirty-eighth session

18 June–6 July 2018

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Burundi

* The annex is being circulated without formal editing, in the languages of submission only.

United Nations A/HRC/38/10

General Assembly Distr.: General 19 April 2018

English

Original: English/French

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Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-ninth session from 15 to 26

January 2018. The review of Burundi was held at the 7th meeting, on 18 January 2018. The

delegation of Burundi was headed by the minister responsible for the rights of the person,

social affairs and gender, Martin Nivyabandi. At its 14th meeting, held on 23 January 2018,

the Working Group adopted the report on Burundi.

2. On 10 January 2018, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Burundi: Côte d’Ivoire, Germany and Saudi

Arabia.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Burundi:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/29/BDI/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/29/BDI/2 and Corr.1);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/29/BDI/3).

4. A list of questions prepared in advance by Belgium, Brazil, Czechia, Germany,

Portugal, Slovenia, Sweden, Switzerland, the United Kingdom of Great Britain and

Northern Ireland and the United States of America was transmitted to Burundi through the

troika. These questions are available on the website of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The head of the Burundian delegation expressed his country’s pride at renewing its

participation in the universal periodic review. The review was taking place just as Burundi

was arriving at a decisive turning point in its history: the holding of a referendum on a new

Constitution, with the ultimate aim of embedding and sustaining institutional stability and

social cohesion in the country. The national report of Burundi was based primarily on the

recommendations that had emerged during the second cycle of the review.

6. Burundi had pursued clear legislative reforms with a view to promoting and

protecting human rights. The President of the Republic had promulgated several Acts,

covering the current Code of Criminal Procedure; the regulation of public meetings and

demonstrations; the Electoral Code; the establishment of the Special Land and Property

Court; the punishment of trafficking in persons and protection of its victims; the protection

of victims, witnesses and other persons at risk; the prevention and punishment of gender-

based violence and protection of its victims; press regulation; and a legal framework for

non-profit organizations.

7. On the institutional front, a framework for civic dialogue had been established in

September 2015 with the creation of the National Commission for Dialogue among

Burundians, which had recently submitted its final report on the consultations held

throughout the country. The Truth and Reconciliation Commission was operational and its

branches had already carried out fieldwork so that the people of Burundi might engage in

reflection and embrace a brighter future. All of society was committed to reconciliation and

everything had been done to preserve unity.

8. Since its review during the second cycle, Burundi had ratified the Optional Protocol

to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

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Punishment and the Convention on the Rights of Persons with Disabilities and the Optional

Protocol thereto. Burundi had held constructive dialogues with several treaty bodies,

including the Committee on Economic, Social and Cultural Rights and the Committee on

the Elimination of Discrimination against Women.

9. Concrete steps had been taken to improve the protection of children by establishing

specialized juvenile chambers in regional courts. A telephone helpline that allowed children

to report abuse was being piloted in Bujumbura with a view to being extended across the

country and two rehabilitation centres for juveniles in conflict with the law had started

activities. The National Children’s Forum had been set up to provide a framework for

consultations between the Government and children, while local-level child protection

committees reported all cases of violations to the Government.

10. To relieve prison overcrowding, presidential pardons were granted regularly and the

courts were expected to process cases swiftly. The prison service had established women’s

and girls’ quarters in places of detention in order to ensure their dignity and protection.

11. Regarding girls’ education, Burundi had made efforts to eliminate the discrimination

arising from traditional attitudes, in particular by identifying girls who did not go to school

or had dropped out of school and enrolling them in State schools. The duration of free

primary education, which now included an introduction to entrepreneurship, had been

extended to nine years in order to keep girls in school for longer and to gradually attain

parity between girls and boys in secondary education.

12. Burundi was pursuing the “zero-tolerance” policy towards gender-based violence

initiated by the President of the Republic. In addition to the pilot centre set up in 2012, new

comprehensive care facilities had recently been established in three provinces. The current

law on gender violence was bearing fruit and all actors were actively combating gender

violence on the ground.

13. The Government had recently launched an extensive social safety net programme to

reduce chronic poverty and was carrying out information, communication and education

measures to encourage positive behaviours conducive to the improvement of nutrition,

early childhood development, school attendance and financial literacy.

14. Recent steps to consolidate national human rights institutions included the

establishment of the National Council for National Unity and Reconciliation and the

National Observatory for the Prevention and Eradication of Genocide, War Crimes and

Crimes against Humanity. The Government was currently finalizing its National

Development Plan 2018–2027, a strategic guidance tool that ought to contribute effectively

and constructively to increasing gross domestic product. The Government had set itself the

goal of structurally transforming the economy to achieve strong, sustainable and inclusive

growth.

B. Interactive dialogue and responses by the State under review

15. During the interactive dialogue, 96 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

16. Finland noted with concern the deterioration of the human rights situation in

Burundi and the authorities’ acts against human rights defenders. It emphasized the

importance of full cooperation with the United Nations and the Commission of Inquiry on

Burundi.

17. France, while noting positively the ratification of two conventions, expressed

concern about the serious deterioration of the human rights situation since 2015.

18. Georgia called on Burundi to cooperate with the Commission of Inquiry and ensure

unhindered access by United Nations entities, including OHCHR.

19. Germany made recommendations.

20. Greece made recommendations.

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21. Haiti took note of the efforts made by Burundi, despite the recent challenges, to

improve the living conditions of the population.

22. Honduras congratulated Burundi for adopting a law on equal opportunities for

persons with disabilities that envisioned inclusive education measures.

23. Hungary expressed deep concern about endemic impunity and human rights

violations, including summary executions, torture, enforced disappearance, arbitrary

detention and sexual violence.

24. Iceland expressed grave concern about the human rights situation in Burundi.

25. India expressed appreciation for the State’s ratification of several international

human rights instruments and their incorporation into national law, and its adoption of the

action plan relating to the gender policy.

26. Indonesia expressed appreciation for the ratification of international human rights

instruments and cooperation with the treaty bodies.

27. The Islamic Republic of Iran welcomed the law on the prevention of trafficking in

persons, the amendment of the Act on the Criminal Procedure Code, and the establishment

of the social protection fund.

28. Ireland expressed deep concern about reports of extrajudicial executions, arbitrary

arrests and detentions, enforced disappearances, torture, cruel, inhuman or degrading

treatment and sexual violence perpetrated since 2015.

29. Italy expressed grave concern about the human rights situation in Burundi.

30. Belgium, while welcoming some achievements, expressed worry about the human

rights situation, in particular the plight of human rights defenders and journalists.

31. Latvia welcomed the extension of a standing invitation to all special procedures,

while expressing regret that a number of visit requests had not been accepted.

32. Libya commended Burundi for ratifying the Optional Protocol to the Convention

against Torture and the Convention on the Rights of Persons with Disabilities.

33. Liechtenstein expressed concern that the independence of the National Independent

Human Rights Commission might be jeopardized. It also expressed concern about the

exacerbation of violence, particularly against women, and the withdrawal from the Rome

Statute of the International Criminal Court.

34. Madagascar welcomed the measures taken to promote and protect human rights,

including the establishment of the Truth and Reconciliation Commission and the National

Commission for the Inter-Burundian Dialogue.

35. Malaysia welcomed the commitment of Burundi to improve socioeconomic

development, as well as the State’s efforts to promote gender equality and address gender-

based violence.

36. Maldives welcomed the adoption of laws on the prevention and suppression of

human trafficking and the protection of victims of trafficking, and the establishment of a

related national committee.

37. Mauritania encouraged Burundi to continue efforts to strengthen the participation of

women in public life and to take all measures necessary to strengthen the independence of

justice.

38. Mexico noted the adoption of a national strategy to combat gender violence.

39. Montenegro expressed concern about widespread use of torture, unlawful detention

and extrajudicial killings, and about numerous attacks and acts of intimidation against

opposition and civil society members, human rights defenders and journalists.

40. Nepal expressed appreciation for the State’s serious efforts to improve

socioeconomic conditions and protect human rights. It encouraged Burundi to cooperate

with OHCHR and international human rights mechanisms.

GE.18-06283 5

41. The Netherlands expressed serious concern about the general lack of progress on

human rights, including with respect to the continuing shrinkage of space for media and the

rising hostility towards, and intimidation of, journalists.

42. New Zealand welcomed the new law targeting sexual violence.

43. Norway was gravely concerned about the rampant human rights violations in

Burundi.

44. Pakistan welcomed, inter alia, political measures on legal aid, the gender units of

various ministries, and the special courts for juveniles and for gender-based violence.

45. Poland welcomed the law on human trafficking and the respective national action

plan. It expressed concern about the State’s withdrawal from the Rome Statute and the

suspension of its cooperation with OHCHR.

46. Portugal welcomed efforts to promote gender equality. It expressed regret that

Burundi had withdrawn from the Rome Statute, and expressed concern about reports of

human rights violations.

47. The Republic of Korea expressed concern about the recent civil and political

situation in Burundi, which jeopardized the rule of law, about the suspension of cooperation

with OHCHR and about the detention of returnees.

48. The Republic of Moldova expressed regret about the suspended cooperation with

OHCHR and the rejection of mechanisms of the Human Rights Council. It expressed

concern about the exacerbation of violence against women, including sexual violence.

49. The Russian Federation welcomed steps to ensure the realization of economic and

social rights, to adopt legislation banning the use of torture, to reform education and to raise

awareness of discrimination against persons with albinism.

50. Rwanda remained gravely concerned at the deterioration in the human rights

situation. It called on Burundi to investigate gross and systematic human rights violations

and restore cooperation with the United Nations mechanisms.

51. Senegal welcomed the ratification of international instruments, the adoption of

legislation on human trafficking and the revision of the labour code aimed at reinforcing the

rights of women at work.

52. Sierra Leone applauded the measures taken to raise awareness of and support

persons with albinism. It encouraged Burundi to establish a mechanism to hold accountable

those accused of crimes against humanity.

53. Slovenia remained concerned about the overall human rights situation, and

encouraged Burundi to extend to OHCHR the commitment it had demonstrated under the

universal periodic review process.

54. South Africa commended the State’s efforts to prevent trafficking in persons and

gender-based violence, to train judges and police officers to prevent torture, and to reduce

the number of young people in detention.

55. Spain made recommendations.

56. Sri Lanka welcomed efforts to ratify international instruments and implement the

national gender policy action plan covering the period from 2012 to 2016.

57. The head of the Burundian delegation stated that the situation in his country had

improved noticeably since 2015. In respect of the concerns expressed about the protection

of human rights defenders, he said that such persons were not considered a distinct category

and that they were not prosecuted because of their status. If they committed offences, they

were punished in the same way as any other person. The judiciary had asked some

defenders to explain themselves on account of their participation in the insurrectional

movement and the attempted coup d’état of 2015. Some media outlets, on the other hand,

remained closed because the people in charge of them had refused to cooperate with the

judiciary. New radio stations had begun broadcasting and there were now a total of 25

stations that respected professional ethics.

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58. Regarding cooperation with OHCHR, the Government had held frequent meetings

with that entity with a view to reaching an agreement in the interests of all, allowing

OHCHR to contribute to the strengthening of human rights in cooperation with national

institutions and civil society organizations. Many of the 6,000-plus associations registered

by the Ministry of the Interior and Patriotic Training were working to protect human rights.

59. Burundi had invoked its prerogative of sovereignty in withdrawing from the Rome

Statute of the International Criminal Court. Having thoroughly analysed the situation, the

Government had concluded that withdrawal from the Statute would neither jeopardize the

independence of the judiciary nor prevent the prosecution of crimes at the national level,

since the crimes in question were provided for under domestic legislation. The Government

had committed to addressing such crimes.

60. Regarding the mobilization of resources, Burundi was a low-income country which

nevertheless had great potential. The Government had asked its various partners to

reconsider the positions they had taken regarding the imposition of sanctions. Burundi was

undertaking good governance efforts in order to attain budgetary independence. Despite

difficulties, the Government had continued to deliver a programme of free health care for

children under 5 and pregnant women and a programme of free primary education.

61. Persons with disabilities were a priority for the Government. A law on the status of

persons with disabilities, developed in cooperation with associations, had been adopted to

improve the situation of all persons with disabilities.

62. The achievement of gender parity in the Government depended on education, so that

it was necessary to promote education in order to gradually achieve that goal. Parity had

been established in primary education and had almost been achieved in secondary

education, while efforts were being made to ensure that women were better represented in

higher education. Following the conclusion of the Arusha Peace and Reconciliation

Agreement for Burundi, a minimum proportion of 30 per cent had been set for women’s

participation in elective institutions and in the Government.

63. Many laws existed to combat impunity. The right to equitable justice was guaranteed

under the Constitution. Notwithstanding limited resources, everything was done so that

Burundians could have access to legal assistance.

64. Burundi had ratified the Convention for the Suppression of the Traffic in Persons

and of the Exploitation of the Prostitution of Others and the Government was working to

ensure that no Burundian would fall victim to trafficking, including by concluding

agreements with several countries.

65. The Government had made a great effort to protect the rights of the Batwa. That

community was represented in the National Assembly and the Senate, as well as in the

Ministry of Human Rights, Social Affairs and Gender to ensure the gradual integration of

its members into the executive branch.

66. On the issue of stateless persons, the Nationality Act of 2000 was clear: any person

born in Burundi was a Burundian. A National Office for the Protection of Refugees and

Stateless Persons had been established to handle any and all cases of statelessness.

67. The Independent National Human Rights Commission enjoyed A status in respect of

the principles relating to the status of national institutions for the promotion and protection

of human rights (Paris Principles), which confirmed the Commission’s independence.

68. Early and forced marriages were not a concern for Burundi, since on that issue the

country’s Family Code was extremely clear. The Government continued to actively support

the global eradication of the phenomenon.

69. The State of Palestine encouraged Burundi to reassess its decision on ending its

relations with OHCHR, and explore the possibility of reaching an agreement with the latter.

70. The Sudan welcomed the ratification of international human rights instruments and

the measures taken in the field of education.

71. Sweden made recommendations.

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72. Switzerland expressed worry about the serious deterioration of the human rights

situation in Burundi, and recalled the importance of free participation by civil society in the

universal periodic review process.

73. The Syrian Arab Republic commended the support given to human rights

institutions, including the National Independent Human Rights Commission and the Truth

and Reconciliation Commission.

74. Thailand welcomed the legislation on gender-based violence and the establishment

of centres focused on gender-based violence, special court chambers and regional offices of

the National Independent Human Rights Commission.

75. Timor-Leste welcomed the national action plan to implement Security Council

resolution 1325 (2000) on women, peace and security, the revision of the Labour Code in

support of women’s rights and the prioritization of gender equality in combating poverty.

76. Togo welcomed legislative efforts in preventing human trafficking and gender-based

violence, and encouraged Burundi to pay particular attention to those most vulnerable.

77. Tunisia noted with satisfaction the adoption of the law aimed at protecting women

from violence, and encouraged Burundi to continue its efforts to strengthen the rule of law.

78. Turkmenistan noted positively the ratification of human rights instruments, and the

implementation of gender-related national action plans, which had led to the reduction of

cases of gender-based violence.

79. Ukraine expressed concern about continued reports of human rights violations and

the lack of action to fight impunity. It deeply regretted the suspension of all cooperation

with OHCHR.

80. The United Kingdom remained extremely concerned by the Commission of

Inquiry’s findings on the issue of crimes against humanity. It strongly objected to acts of

reprisal or intimidation committed against human rights defenders, including in relation to

the universal periodic review process.

81. The United States was extremely concerned by the serious human rights violations

and abuses and the impunity in which they were committed, and the continued restrictions

on political and civic space for various actors.

82. Uruguay expressed hope that some of the adopted initiatives would contribute to

combating gender-based violence and inequality. It noted the vulnerability of some

minorities. It urged Burundi to ratify the Second Optional Protocol to the International

Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

83. The Bolivarian Republic of Venezuela welcomed the increased political

representation of women, the law on preventing gender-based violence and protecting

victims, and the housing and urbanization policy.

84. Zambia was concerned about the number of women detained with young children,

and the lack of social care or protection for children separated from their detained mothers.

85. Afghanistan welcomed the implementation of the law on punishment of gender-

based violence, and the establishment of gender units in ministries and special court

chambers for young people and for cases of gender-based violence.

86. Albania stated that, especially since 2015, Burundi had been facing ongoing

challenges connected to persistent violence, and expressed disappointment about the plight

of human rights defenders.

87. Algeria noted positively that gender equality was among the main priorities in the

framework of the poverty reduction strategy, and welcomed the measures taken in support

of vulnerable persons.

88. Angola stated that Burundi had implemented recommendations accepted during the

second cycle of the review by ratifying some international instruments, while noting that it

still faced many challenges in guaranteeing the enjoyment of human rights.

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89. Argentina expressed concern about the human rights violations committed in

Burundi.

90. Australia remained concerned about ongoing disappearances, arbitrary arrests,

torture, extrajudicial executions, sexual violence and the “official hunt” for lesbian, gay,

bisexual, transgender and intersex persons.

91. Austria, while noting some positive measures, remained deeply concerned about

persisting serious human rights violations in Burundi, including arbitrary arrests and

detention, enforced disappearances, extrajudicial executions, torture and sexual violence.

92. Azerbaijan acknowledged the progress made, including the ratification of

international instruments. It welcomed efforts in combating gender-based violence, and

ensuring the rights to health and to education.

93. Bahrain encouraged Burundi to strengthen its national mechanism for reporting and

follow-up in relation to international and regional human rights mechanisms and treaty

obligations, with a particular focus on discrimination against women.

94. Belarus noted the State’s cooperation with treaty bodies, and stated that its efforts to

strengthen security and enhance economic growth and development should be supported by

the international community.

95. Japan, while welcoming the increased level of women’s participation in political

life, expressed concern about the forcible displacement of about 400,000 Burundians to

neighbouring countries, as at August 2017.

96. Benin welcomed the legislative reforms aimed at protecting women and children

from violence and trafficking. It urged the international community to support Burundi in

strengthening peace and security and promoting economic social development.

97. The Plurinational State of Bolivia welcomed the legal progress and prioritization of

gender equality in combating poverty. It encouraged further efforts to ensure women’s

access to land, to promote peace and to end violence.

98. Botswana noted the State’s efforts to promote and protect human rights, including in

the area of gender-based violence. It raised concerns about the suspension of cooperation

with OHCHR.

99. Brazil noted the measures taken to ensure food security and to fight hunger, and

welcomed the progress made in combating HIV/AIDS.

100. Canada stated that all persons in Burundi, including human rights defenders, should

be able to fully exercise their freedoms of expression, association and assembly, and to

have confidence that impunity for serious crimes would cease to prevail.

101. Chad encouraged Burundi to continue implementing gender-related national action

plans, and welcomed the establishment of the Truth and Reconciliation Commission and

the ratification of international instruments.

102. Chile was concerned about the overall human rights situation and the suspension of

cooperation with OHCHR and the Commission of Inquiry. It expressed alarm at the plight

of human rights defenders.

103. China commended Burundi for the progress made in several areas. It called on the

international community to evaluate the State’s positive efforts objectively, and to provide

Burundi with constructive assistance.

104. Costa Rica invited Burundi to continue its work to reduce impunity and violence. It

urged Burundi to reconsider its withdrawal from the Rome Statute and its suspension of

cooperation with OHCHR.

105. Côte d’Ivoire welcomed the legislative and administrative reforms undertaken to

promote and protect human rights. It encouraged Burundi to continue its efforts towards

national reconciliation and social cohesion.

GE.18-06283 9

106. Croatia urged Burundi to review its policy of refusing to cooperate with the

Commission of Inquiry and to cease threatening its members. It expressed concern about

various human rights violations committed in the country.

107. Cuba noted measures related to health care for children and women, free primary

education, and education for girls, including the strategy on gender equality in education

and its action plan.

108. Cyprus, while noting the ratification of two international instruments, expressed

deep concern about the grave human rights situation that had prevailed since 2015, as

documented, most notably, by the Commission of Inquiry.

109. Czechia expressed appreciation for the State’s presentation, which gave an overview

of the human rights situation in the country.

110. The Democratic People’s Republic of Korea welcomed the adoption of a number of

legislative measures, the strengthening of the institutional framework and the ratification of

international instruments.

111. Denmark was extremely concerned by the State’s withdrawal from the International

Criminal Court, its opposition to the Court’s investigation and its suspension of cooperation

with OHCHR and the Commission of Inquiry.

112. Ecuador congratulated Burundi for the ratification of the Convention on the Rights

of Persons with Disabilities and the Optional Protocol thereto.

113. Egypt welcomed the State’s efforts to promote human rights, the consolidation of

structures to protect human rights and the ratification of the Convention on the Rights of

Persons with Disabilities.

114. Estonia called on Burundi to cooperate with international human rights monitoring

mechanisms and allow them unimpeded access to its territory, and to continue cooperation

with the Prosecutor of the International Criminal Court.

115. Ethiopia commended Burundi for the progress made at the normative and

institutional levels, including in relation to the realization of the right to education.

116. Morocco noted measures taken to strengthen the legal framework, such as the

adoption of the Act on the prevention and punishment of gender-based violence and

protection of its victims, among others.

117. The Holy See noted efforts to improve the education system, while expressing

concern about the massive number of refugees from Burundi living outside the country,

many in deplorable conditions.

118. Ghana welcomed the promulgation of several laws aimed at promoting and

protecting human rights, and the ratification of international instruments.

119. Myanmar welcomed the measures taken to promote education for girls and the

inclusion of gender equity in the 2012 education strategy, as well as efforts to improve

health-care services.

120. Namibia expressed concern about the circumstances surrounding the current

relations between Burundi and OHCHR. It took note of the positive legislative

developments since the previous review.

121. Gabon noted the State’s efforts to ensure the promotion and protection of human

rights by strengthening the legal and institutional framework, and encouraged it to pursue

further efforts.

122. Burkina Faso noted some achievements, and encouraged Burundi to intensify its

efforts in several areas, including national reconciliation and cooperation with the Human

Rights Council and all its mechanisms.

123. Mozambique noted the ratification of various conventions. It welcomed the reports

submitted to three treaty bodies, and the strengthening of the institutional framework.

10 GE.18-06283

124. The head of the Burundian delegation, in response to references to the arrests of

persons, pointed out that the domestic justice system had been inherited from the colonial

period. Improvements had been made in the wake of national consultations and had led to

the amendment of the Constitution.

125. He emphasized that acts of torture had been categorized as offences under the Code

of Criminal Procedure. The prosecuting authorities conducted investigations and offenders

were punished in accordance with the law on the basis of evidence.

126. With regard to climate change, Burundi had actively participated in the efforts that

had led to the Paris Agreement. Environmentally friendly measures, such as banning non-

biodegradable products, would be adopted.

127. A steering committee had been set up to tackle the issue of malnutrition, especially

to help children and pregnant women.

128. Members of the Imbonerakure — the youth league of the ruling party — who

committed offences were punished individually. Similarly, any misconduct by police

officers or members of the military was punished individually. One hundred and fifty cases

had been identified and 120 officers had been dismissed.

129. Regarding the prison system, steps had been taken to improve the situation of

pregnant and breastfeeding women to avoid placing them in pretrial detention, except in

serious cases.

130. The head of delegation recalled that Burundi did not recognize same-sex

relationships.

131. Between August and October 2017, 7,011 people had been repatriated and 13,229

had been repatriated from Tanzania with assistance from the Office of the United Nations

High Commissioner for Refugees. There had been 163,541 cases of spontaneous

repatriation. Following repatriation, returnees received assistance from the Government.

Efforts were being made to persuade all those who had left the country to return .

132. The head of delegation expressed support for the standing invitation to special

procedures mandate holders, of course within the bounds of legality. He ruled out any

cooperation with the experts of the Commission of Inquiry on Burundi, as he considered

that its mandate was illegal and that it was a political instrument.

133. In respect of the national gender policy, Burundi was working to draw up a

dedicated action plan, considering that it was an important issue.

134. Exiles would be able to take part in forthcoming elections by registering with the

diplomatic missions in the countries where they lived.

135. The Government had dealt with corruption in the justice system as a matter of

priority. Judges and prosecutors who were accused of corruption were punished in

accordance with the law. That approach fell under the scope of the national good

governance and anti-corruption strategy.

136. The head of the delegation concluded by thanking the many delegations that had

made recommendations and offered encouragements to his country. Burundi remained

firmly committed to the protection of human rights and would always accept cooperation,

but not paternalism, in that sphere. The recommendations that were accepted would be dealt

with by an interministerial follow-up mechanism and by a dedicated department of the

Ministry of Human Rights, Social Affairs and Gender.

II. Conclusions and/or recommendations

137. The following recommendations will be examined by Burundi, which will

provide responses in due time, but no later than the thirty-eighth session of the

Human Rights Council:

137.1 Ratify the Optional Protocol to the International Covenant on Civil

and Political Rights (Georgia) (Honduras) (South Africa) (Spain); accede to the

GE.18-06283 11

first Optional Protocol to the International Covenant on Civil and Political

Rights (Canada);

137.2 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Belgium) (Croatia) (Georgia) (Honduras) (Montenegro) (South Africa) (Spain)

(Togo);

137.3 Formally abolish the death penalty, and accede to the Second

Optional Protocol to the International Covenant on Civil and Political Rights

(Australia);

137.4 Sign the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Albania);

137.5 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Spain);

137.6 Intensify efforts to accede to the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Georgia);

137.7 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Croatia);

137.8 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Honduras) (Sierra

Leone);

137.9 Sign and ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Egypt);

137.10 Continue taking steps towards the ratification of the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families by enhancing the knowledge and capacity of related

national authorities (Indonesia);

137.11 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Honduras) (Morocco) (Spain) (Togo) (Ukraine);

accede to the International Convention for the Protection of All Persons from

Enforced Disappearance (Sierra Leone);

137.12 Sign and ratify the International Convention for the Protection of All

Persons from Enforced Disappearance (Chile);

137.13 Accede again and without delay to the Rome Statute of the

International Criminal Court, and incorporate it into national legislation

(Austria);

137.14 Re-adhere to the Rome Statute of the International Criminal Court,

and align national legislation with all the obligations under the Rome Statute

(Latvia);

137.15 Reconsider its withdrawal from the Rome Statute of the International

Criminal Court (Liechtenstein);

137.16 Reconsider its decision to withdraw from the Rome Statute (Croatia);

137.17 Reconsider the decision to withdraw from the Rome Statute of the

International Criminal Court (Portugal);

137.18 Reconsider its decision to withdraw from the Rome Statute and

cooperate fully with the International Criminal Court in the ongoing

investigation (Cyprus);

137.19 Reconsider the withdrawal from the International Criminal Court

and cooperate fully with international mechanisms, including the Commission

12 GE.18-06283

of Inquiry on Burundi established by the Human Rights Council, allowing it to

carry out visits to the country and providing it with all the information

necessary to fulfil its mandate (Italy);

137.20 Expedite the ratification of the Convention relating to the Status of

Stateless Persons and the Convention on the Reduction of Statelessness (Sierra

Leone);

137.21 Ratify the Convention against Discrimination in Education (Togo);

137.22 Implement the recent recommendations of treaty bodies (Cyprus);

137.23 Adopt an open, merit-based selection process for selecting national

candidates for United Nations treaty body elections (United Kingdom of Great

Britain and Northern Ireland);

137.24 Respond positively to the pending visit requests from the special

procedure mandate holders (Latvia);

137.25 Respond positively to requests for visits from United Nations special

rapporteurs, including the Special Rapporteur on torture and other cruel,

inhuman or degrading treatment or punishment (Zambia);

137.26 Guarantee free access for special procedure mandate holders of the

Human Rights Council (Costa Rica);

137.27 Step up efforts to finalize the memorandum of understanding with

OHCHR, thereby establishing cooperation with the Office (Botswana);

137.28 Finalize swiftly the memorandum of understanding with OHCHR

(Ukraine);

137.29 Fast-track the process leading to the finalization of the memorandum

of understanding with OHCHR with a view to restoring cooperation with the

Office (Namibia);

137.30 Re-establish relations with OHCHR and conclude the outstanding

memorandum of understanding on the status of the office of OHCHR in

Bujumbura (Germany);

137.31 Re-establish contact with OHCHR, ensure unhindered access to all

human rights mechanisms and guarantee that those cooperating with the

United Nations will not be subjected to reprisals (Republic of Moldova);

137.32 Urgently resume its cooperation with OHCHR, and grant country

access to the Special Rapporteur on the situation of human rights defenders

and the Commission of Inquiry on Burundi (Ireland);

137.33 Resume full cooperation and collaboration with OHCHR in Burundi

to allow the High Commissioner to fulfil his mandate free from any

interference (Ghana);

137.34 Resume swiftly formal cooperation with OHCHR in Bujumbura

(Belgium);

137.35 Resume working with OHCHR in the country (Portugal);

137.36 Resume cooperation with OHCHR and continue to cooperate with

the Prosecutor of the International Criminal Court (Honduras);

137.37 Restore immediately cooperation with OHCHR and grant access to

the Human Rights Council-mandated Commission of Inquiry on Burundi

(Rwanda);1

1 The recommendation, as read out during the interactive dialogue, was: “Immediately restore

cooperation with the Office of the [United Nations] High Commissioner for Human Rights and

accord access … to the Human Rights Council.”

GE.18-06283 13

137.38 Re-establish cooperation and collaboration with OHCHR and the

Commission of Inquiry by allowing their members unhindered access to the

country and relevant sites and people (Albania);

137.39 Cooperate fully with OHCHR by restoring the full mandate of its

office in Bujumbura (Switzerland);

137.40 Cooperate with OHCHR, in line with Human Rights Council

resolution 36/2 and as accepted by Burundi (Tunisia);

137.41 Implement Human Rights Council resolution 36/2, adopted on 28

September 2017 (Tunisia);

137.42 Fulfil its obligation as a member of the Human Rights Council and

fully cooperate with the Commission of Inquiry on Burundi and with the team

of three United Nations experts, and with the International Criminal Court,

including by granting access (Germany);

137.43 Allow OHCHR to resume its documentation of human rights

violations in the country (Cyprus);

137.44 Allow OHCHR in Burundi and the Commission of Inquiry to

conduct their work without undue interference or threat (United States of

America);

137.45 Explore opportunities of partnership with OHCHR with a view to

benefiting from relevant assistance and support from the Office (Azerbaijan);

137.46 Cooperate with the United Nations Commission of Inquiry, as well as

with OHCHR, with a view to improving the human rights situation on the

ground and promoting accountability (Brazil);

137.47 Cooperate with the Human Rights Council-mandated Commission of

Inquiry and allow its members unhindered access to the country, including to

victims of human rights violations and abuses (Hungary);

137.48 Cooperate with the United Nations Commission of Inquiry, and the

International Criminal Court’s investigation, to help ensure that perpetrators

of abuse are brought to justice (Australia);

137.49 Offer full cooperation to the Human Rights Council-mandated

Commission of Inquiry on Burundi to conduct unhindered visits to the country,

and provide it with all the information and assistance necessary to fulfil its

mandate (Czechia);

137.50 Permit immediately the Commission of Inquiry to enter Burundi to

conduct its investigation, as mandated by the Human Rights Council

(Denmark);

137.51 Give full and unhindered access in the country to the Commission of

Inquiry established by the Human Rights Council, and fully cooperate with the

Commission (Norway);

137.52 Fulfil its obligation to cooperate with the investigation of the

International Criminal Court (Canada);

137.53 Comply with its legal obligations by fully cooperating with the

International Criminal Court in all stages of the recently opened investigation

and proceedings (Liechtenstein);

137.54 Allow and enable the conducting of investigations by the

International Criminal Court, which were launched before Burundi’s

withdrawal from the Court (Poland);

137.55 Allow investigations by the Prosecutor of the International Criminal

Court to be carried out unhindered (Denmark);

14 GE.18-06283

137.56 Fully cooperate with the International Criminal Court’s investigation

regarding crimes within the Court’s jurisdiction and allegedly committed in

Burundi, or by Burundian nationals outside Burundi, between 26 April 2015

and 26 October 2017 (Sweden);

137.57 Improve its cooperation with United Nations mechanisms, in

particular by implementing Security Council resolution 2303 (2016), by

resuming cooperation with OHCHR, cooperating with the Commission of

Inquiry on Burundi and reconsidering its decision to withdraw from the Rome

Statute (Greece);

137.58 Make progress with regard to the implementation of Security Council

resolution 2303 (2016), cooperate with the Commission of Inquiry and respond

positively to visit requests from United Nations special rapporteurs (Austria);

137.59 Consider resuming cooperation with United Nations mechanisms, in

particular, the Human Rights Council and OHCHR (Senegal);

137.60 Fulfil its obligations and fully cooperate with United Nations

mechanisms, including the Commission of Inquiry, set up by the Human Rights

Council (Slovenia);

137.61 Fully cooperate with the United Nations human rights mechanisms,

including the Commission of Inquiry on Burundi and, in particular, refrain

from any acts of reprisal or intimidation against those who cooperate with such

mechanisms (New Zealand);

137.62 Resume cooperation with the mechanisms of the United Nations

system on the protection and promotion of human rights (Chile);

137.63 Resume its cooperation with the United Nations in addressing human

rights violations, including in relation to refugee issues (Republic of Korea);

137.64 Further reinforce its cooperation with the United Nations system in

the field of human rights (Côte d’Ivoire);

137.65 Re-establish cooperation with all international human rights,

investigating and judicial mechanisms, including the International Criminal

Court and the Commission of Inquiry on Burundi (Poland);

137.66 Ensure unhindered access by United Nations entities, including

OHCHR and the Commission of Inquiry, to all areas, and continue cooperating

with the Prosecutor of the International Criminal Court (Iceland);

137.67 Allow independent international and regional human rights

investigators full and free access to investigate allegations of extrajudicial

execution and mass grave sites (Iceland);

137.68 Ensure full cooperation with all internationally recognized human

rights bodies and mechanisms (Afghanistan);

137.69 Maintain full cooperation with international human rights

mechanisms (Ukraine);

137.70 Continue to cooperate with all regional and international

mechanisms on protection and promotion of human rights (Angola);

137.71 Continue cooperation with the African Union mechanisms on human

rights (South Africa);

137.72 Engage constructively with the opposition to find a solution to the

crisis in Burundi that is conducive to free, fair and peaceful elections in 2020

(Norway);

137.73 Commit to comprehensive dialogue involving all stakeholders, as it is

crucial to ensure that a free, fair and transparent presidential election is

conducted peacefully in 2020 (Japan);

GE.18-06283 15

137.74 Engage in open and constructive dialogue with all stakeholders to end

the political impasse, and take steps to ensure inclusive and equal participation

in political decision-making (Australia);

137.75 Pursue its work to uphold the efforts of national mechanisms for

Burundi-wide dialogue and reconciliation (Belarus);

137.76 Ensure that all groups of citizens, including the members of

opposition currently in exile, can freely and safely participate in the

constitutional referendum, and discontinue the practice of systematic and

illegal detention of returnees upon their arrival at the border (Czechia);

137.77 Initiate an unbiased mediation of the conflict and establish well-

monitored democratic processes that include all sectors of society by promoting

political and social reconciliation and respect for freedom of religion (Holy

See);

137.78 Ensure that the National Independent Human Rights Commission is

in full compliance with the Paris Principles (Liechtenstein);

137.79 Further strengthen the National Independent Human Rights

Commission by ensuring its independence, in accordance with the Paris

Principles (Thailand);

137.80 Take all necessary steps to ensure the independence of the National

Independent Human Rights Commission of Burundi (Afghanistan);

137.81 Take all necessary action, including the provision of resources, to

ensure the credibility and independence of the National Independent Human

Rights Commission (Namibia);

137.82 Strengthen the role of the National Independent Human Rights

Commission (Morocco);

137.83 Continue strengthening national human rights institutions and

mechanisms (Nepal);

137.84 Establish a national preventive mechanism regarding torture, to

ensure investigation and prosecution of extrajudicial killings and torture and to

hold perpetrators, including State agents, to account (United Kingdom of Great

Britain and Northern Ireland);

137.85 Establish an effective torture prevention mechanism in accordance

with the obligations under the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment (Montenegro);

137.86 Consider establishing an independent mechanism tasked with

preventing acts of torture (Senegal);

137.87 Establish an effective torture prevention mechanism (Holy See);

137.88 Pursue its work to enhance the capacity of bodies in charge of

prohibition of torture (Russian Federation);

137.89 Take measures to improve efficiency, accountability and

transparency in the public service of the country (Azerbaijan);

137.90 Guarantee the respect of the fundamental rights and freedoms of the

whole population (Argentina);

137.91 Take measures, in collaboration with the international community, to

create an environment in which the people of Burundi can enjoy all human

rights (Japan);

137.92 Implement measures to eradicate discriminatory practices against

ethnic, political and religious minorities (Uruguay);

137.93 Decriminalize homosexuality (Iceland) (Timor-Leste);

16 GE.18-06283

137.94 Decriminalize homosexuality and abolish practices that promote

discrimination based on sexual orientation (Ecuador);

137.95 Take steps to decriminalize same-sex relations (Australia);

137.96 Take measures to decriminalize consensual sexual relations between

same-sex adults, guaranteeing the full respect for human rights of all,

regardless of sexual orientation or gender identity (Uruguay);

137.97 Take the necessary measures to repeal the legal provisions that

criminalize and discriminate against lesbian, gay, bisexual, transgender and

intersex persons (Argentina);

137.98 Establish legal protections against discrimination based on sexual

orientation or gender identity (Australia);

137.99 Ensure non-discrimination on the basis of sexual orientation and

gender identity, in line with Burundi’s national and international human rights

obligations (Chile);

137.100 Strengthen the effort to better protect the rights of its citizens from

the impact of climate change, through State-sponsored strategies, action plans

and disaster risk management (Indonesia);

137.101 Put an end to the gross human rights violations carried out in a

context of impunity and the lack of independence of the judiciary, in particular

violations to the right to life, extrajudicial executions, arbitrary arrests and

detention and enforced disappearances (France);

137.102 Put an immediate end to extrajudicial executions, enforced

disappearances, arbitrary detentions and other serious human rights violations

(Chile);

137.103 Take urgent measures to put an end to extrajudicial execution and

acts of torture (Georgia);

137.104 Ensure that members of the country’s defence and security forces

respect human rights under all circumstances (Cyprus);

137.105 Ensure respect for human rights by security forces (Spain);

137.106 Issue orders to the police, the military and the Imbonerakure to

refrain from all forms of violence, in particular against women, and ensure

accountability for perpetrators of such violence (Liechtenstein);

137.107 Take prompt action to prevent the Imbonerakure from continuing its

abuse and illegal activities (Norway);

137.108 Continue efforts to end violence and preserve the sovereignty and

independence of the State as a necessity for sustainable peace and development

(Syrian Arab Republic);

137.109 Call for the immediate end of all forms of torture and set up an

independent mechanism to investigate complaints of torture and ill-treatment

(Hungary);

137.110 Take legislative measures to put an end to corporal punishment in all

settings (Zambia);

137.111 Cease immediately torture and other ill-treatment of detainees and

allow them to have a fair trial (Albania);

137.112 Take appropriate measures to align the conditions of detainees with

international standards, including by preventing and combating torture and

other ill-treatment of persons in custody (Italy);

137.113 Take further steps to improve the condition and treatment of female

detainees, pregnant prisoners and children born in prison (Thailand);

GE.18-06283 17

137.114 Conduct immediately a review of the legality of detention of

arbitrarily arrested persons (Republic of Korea);

137.115 As follow-up to the recommendation contained in paragraph 126.87

of the report of the Working Group from the second cycle (A/HRC/23/9), devise

and implement a strategy to improve and reduce the duration of police custody

and pretrial detention (Haiti);

137.116 Ensure due investigation into the findings of the Commission of

Inquiry with regard to gross human rights violations and international crimes,

and ensure that alleged perpetrators are promptly prosecuted through credible,

independent and fair judicial procedures (Sweden);

137.117 Undertake immediate and independent investigations into allegations

of extrajudicial execution, excessive use of force by security forces, forced

disappearance and arbitrary detention and, where there is sufficient admissible

evidence, prosecute those responsible (Netherlands);

137.118 Undertake independent, effective and impartial investigations into all

allegations of serious human rights violations, such as extrajudicial executions

and excessive use of force by security forces, intelligence services and the

Imbonerakure, and prosecute those responsible (Germany);

137.119 Conduct prompt and impartial investigations into unlawful acts

committed by security forces and Imbonerakure youth, such as extrajudicial

execution, arbitrary arrest and torture of members of the opposition,

journalists, civil society activists and persons perceived as having supported the

opposition and their families (Czechia);

137.120 Take measures for the effective investigation of serious human rights

violations committed by all parties in the conflict, including State authorities,

and ensure that members of the armed and security forces have the necessary

training to respect the rights of the population (Mexico);

137.121 Investigate allegations of extrajudicial executions, enforced

disappearances, abductions and torture committed by security forces and

prosecute perpetrators (Poland);

137.122 Undertake immediately independent, effective and impartial

investigations into allegations of extrajudicial executions and unlawful and

excessive use of force by security forces, and where there is sufficient

admissible evidence, prosecute those suspected of being responsible (Finland);

137.123 Investigate, prosecute lawfully and, if they are convicted, adequately

punish those guilty of human rights violations, including those committed

against human rights defenders, members of civil society and the press, as well

as against lesbian, gay, bisexual and transgender persons (Greece);

137.124 Promptly investigate extrajudicial killings, forced disappearances,

torture and sexual violence, and bring the perpetrators to justice (Norway);

137.125 Investigate violations and abuses of human rights and ensure that

those responsible are held accountable (United States of America);

137.126 Conduct effective investigations into all allegations of acts of torture

and inhuman and degrading treatment in its detention centres (Zambia);

137.127 Take the necessary measures to investigate acts of violence and all

human rights violations as well as to sanction the perpetrators (Argentina);

137.128 Investigate and hold to account perpetrators of extrajudicial killings

(Australia);

137.129 Conduct investigations and prosecute alleged perpetrators of

extrajudicial killings (Austria);

18 GE.18-06283

137.130 Conduct prompt and impartial investigations of all crimes against

journalists (Georgia);

137.131 Put an end to impunity by investigating and prosecuting all human

rights violations, allowing the national human rights commission to take

independent action and cooperating with the Human Rights Council and the

International Criminal Court (Spain);

137.132 Combat impunity by undertaking independent, effective and

impartial investigations into allegations of extrajudicial executions and

unlawful and excessive use of force, and allowing independent international

and regional human rights investigators full and free access to investigate

allegations of extrajudicial executions and mass grave sites (New Zealand);

137.133 Intensify its efforts to combat impunity by conducting thorough,

independent and impartial investigations of alleged violations and abuses

identified by its national commission of human rights (Brazil);

137.134 Close the impunity gap and ensure that all perpetrators of atrocity

crimes are held accountable in national courts or at the International Criminal

Court (Liechtenstein);

137.135 Step up efforts to fight impunity and establish effective mechanisms

that immediately ensure the respect and fulfilment of human rights (Costa

Rica);

137.136 Continue its efforts to combat impunity for the perpetrators of acts of

torture (Angola);

137.137 Make all the necessary efforts to fight against impunity and

guarantee that perpetrators are punished (Portugal);

137.138 Bring to justice without delay all perpetrators of acts of torture and

of any other human rights violations (Switzerland);

137.139 Fight impunity for the perpetrators of gross human rights violations

(France);

137.140 Ensure accountability for grave human rights violations (Ukraine);

137.141 Take measures to ensure accountability following the work of the

Truth and Reconciliation Commission (Republic of Korea);

137.142 Establish a judicial mechanism to follow the work of the Truth and

Reconciliation Commission to end impunity and to ensure that human rights

violations are prosecuted (Germany);

137.143 Ensure that the Truth and Reconciliation Commission can properly

discharge its mandate (Sudan);

137.144 Establish a special tribunal, as provided for in the Arusha Peace and

Reconciliation Agreement, or another similar and appropriate judicial

instrument (Greece);

137.145 Set up a judicial mechanism to prosecute genocide, crimes against

humanity, war crimes or other gross human rights violations or serious

violations of international humanitarian law (Estonia);

137.146 Take all appropriate measures to address the issue of impunity and

implement a fully transparent and equitable judicial system, in line with

international standards (Italy);

137.147 Combat corruption and impunity at all levels of the criminal justice

system (Ecuador);

137.148 Continue training judges and law enforcement officials in order to

promote justice, while urging the international community and partners to

make more technical and financial efforts (Sudan);

GE.18-06283 19

137.149 Take measures to strengthen efforts in increasing the number of

judges and prosecutors, with a view to curbing extended pretrial detention

(Botswana);

137.150 Fully respect, protect and fulfil the rights to freedom of expression

and of assembly, including by lifting restrictive provisions of the Penal Code

Act, the 2015 press law, and the Law on public gatherings to conform with

regional and international human rights obligations (New Zealand);

137.151 Fully respect freedom of expression and assembly, reopen

independent media, and put an end to the persecution of human rights

defenders, civil society actors and opposition politicians (Norway);

137.152 Ensure respect of the right to freedom of expression, in particular for

the independent press and human rights defenders (France);

137.153 Guarantee fully freedom of expression and the press, and freedom of

assembly and association, in accordance with the International Covenant on

Civil and Political Rights (Greece);

137.154 Guarantee the full exercise of the rights to freedom of expression and

association and ensure a safe environment conducive to the work of human

rights defenders and civil society organizations (Italy);

137.155 Ensure the respect of the freedoms of association, assembly and

protest, in particular for human rights defenders (France);

137.156 Lift the legal and financial measures targeting human rights

defenders and journalists and, in the short term, take all necessary measures to

prevent acts of harassment and violence against them, in particular by ensuring

that the perpetrators are brought to justice (Belgium);

137.157 Lift the measures limiting or preventing the legitimate work of

members of civil society and journalists, in particular by amending the new

laws governing the press, foreign non-governmental organizations and non-

profit organizations in Burundi with a view to ensuring their compliance with

international human rights norms (Switzerland);

137.158 Lift the legal and financial measures against human rights defenders

and journalists, and prevent all acts of harassment and violence against them

(Austria);

137.159 Review the laws adopted in 2017 regarding non-profit organizations

and foreign non-governmental organizations, and lift suspensions and reverse

the revocation of licences of media and civil society organizations so they can

resume their activities with complete independence (Sweden);

137.160 Ensure the safety, and respect the independence of, all media and

civil society organizations, including by withdrawing all restrictive measures

adopted since April 2015 (Canada);

137.161 Allow civil society activists, journalists and international human

rights organizations to carry out their work without obstruction and reprisals,

including by lifting the legal and financial measures targeting them (Finland);

137.162 End all acts of reprisal, intimidation and harassment against

journalists and media in and outside Burundi, and avoid new legal restrictions

on media independence (Netherlands);

137.163 Put an end to the sanctions against non-governmental organizations

defending human rights, media and civil society and set up a national

mechanism for the protection of human rights defenders (Czechia);

137.164 Put an immediate end to any intimidation of or sanction against

members of non-governmental organizations defending human rights and

journalists (Estonia);

20 GE.18-06283

137.165 Guarantee that human rights defenders are able to carry out their

legitimate activities independently and without fear of reprisal, prosecution or

intimidation, and ensure prompt, thorough and impartial investigations into all

violations against them, as well as prosecution of perpetrators (Ireland);

137.166 Guarantee that human rights defenders can carry out their activities

freely and without reprisal (Spain);

137.167 Take the necessary measures to ensure the full protection of human

rights defenders (Georgia);

137.168 Take measures to prevent acts of harassment and intimidation

against human rights defenders and journalists (Latvia);

137.169 Investigate all alleged reports of violence against, and intimidation,

harassment and surveillance of, human rights defenders, and conduct prompt

and impartial investigations with a view to holding the perpetrators

accountable (Ghana);

137.170 Ensure humanitarian access and humanitarian space for all relevant

actors, including human rights agencies and foreign non-governmental

organizations, without discrimination, including by revising articles 16 to 19

and 29 of the new charter on foreign non-governmental organizations

(Germany);

137.171 Take adequate measures to ensure a safe environment before, during

and after the constitutional referendum scheduled for May 2018, and to

guarantee freedom of expression (Haiti);

137.172 Allow members of the political opposition, civil society and the media

to participate freely and openly in civic and political activity in Burundi

(United States of America);

137.173 Continue efforts to enable tangible progress in combating trafficking

in persons (Turkmenistan);

137.174 Implement fully the national anti-trafficking action plan and

establish the consultation and monitoring committee, ensuring adequate human

and financial resources (United Kingdom of Great Britain and Northern

Ireland);

137.175 Build the legal framework to implement the complete protection of

female domestic workers from exploitation and sexual abuse (Bahrain);

137.176 Continue implementing the strategic framework for growth and to

combat poverty and Vision Burundi 2025 (Cuba);

137.177 Strengthen the capacity of national structures in charge of the

implementation of strategies and plans on social and economic development

(Belarus);

137.178 Continue strengthening the social policies undertaken in favour of the

most needy sectors of the population (Bolivarian Republic of Venezuela);

137.179 Continue to promote sustainable economic and social development,

eradicate poverty and raise people’s living standards (China);

137.180 Improve living conditions and, in particular, work at overcoming

poverty and invest in projects for social and economic development (Holy See);

137.181 Develop policies and action plans for disaster response in order to

reduce the negative effects of disasters on the infrastructure and poor families

(Syrian Arab Republic);

137.182 Continue to take positive measures to better protect people’s rights to

education, health and housing and other rights (China);

GE.18-06283 21

137.183 Strengthen efforts to address hunger and child malnutrition in rural

areas (South Africa);

137.184 As follow-up to the recommendation contained in paragraph 126.153

of the report of the Working Group from the second cycle, mobilize sufficient

resources to significantly reduce chronic malnutrition throughout the country

(Haiti);

137.185 Complete the ongoing judicial reforms and accelerate the revision of

the Labour Code (Senegal);

137.186 Continue prioritizing the implementation of the national health

policy 2016–2025 in order to improve the state of health of the population

(Indonesia);

137.187 Continue efforts being taken to improve access to health through the

national health policy 2016–2025 and to improve universal access to basic

health education (Sri Lanka);

137.188 Accelerate efforts to improve health services, especially in rural

areas, through effective implementation of the national health policy 2016–2025

(Maldives);

137.189 Further improve its health-care infrastructure in order to enhance

access to health care, particularly for women from poor and rural backgrounds

(India);

137.190 Pay in-depth attention to strengthening the health-care system; in

particular, prevent the spread of infectious diseases (Russian Federation);

137.191 Further strengthen efforts to improve the state of health of its

population through a better health system (Myanmar);

137.192 Continue its efforts to improve the state of health of the population

(Islamic Republic of Iran);

137.193 Continue to take concrete measures to reduce the high ratio of

maternal and infant mortality by improving access to skilled basic prenatal and

postnatal care, emergency obstetric services and skilled birth attendance (Sri

Lanka);

137.194 Continue its efforts to reduce the maternal mortality ratio and child

malnutrition in collaboration with relevant United Nations agencies, including

the United Nations Children’s Fund (UNICEF) and the World Health

Organization (Democratic People’s Republic of Korea);

137.195 Reduce maternal mortality, including by improving access to basic

prenatal and postnatal care (Estonia);

137.196 Address persistently high rates of maternal and infant mortality in

the country (Nepal);

137.197 Continue efforts to ensure better access of the population to

education and health care (Algeria);

137.198 Strengthen its efforts to promote access to education for all (Islamic

Republic of Iran);

137.199 Continue efforts to pass laws, programmes and plans to promote

universal access to education (Libya);

137.200 Further promote the policy to ensure access to education for all and

full enrolment of all children in school, in line with the Government’s strategy

(Democratic People’s Republic of Korea);

137.201 Step up legislative and political efforts to ensure access to education

for all children, particularly girls, including those with disabilities, those born

out of wedlock and those in a vulnerable situation (Mexico);

22 GE.18-06283

137.202 Continue to implement its education policy of universal access to

basic schooling, particularly access by girls to education (Myanmar);

137.203 Continue efforts to increase the school enrolment rate of girls so that

they have equal access to education and to fight against discrimination and

violence against girls (State of Palestine);

137.204 Continue ensuring girls’ education by abolishing school fees in basic

education (Ethiopia);

137.205 Increase its efforts to ensure access to education for all, including

girls, persons with disabilities and other vulnerable groups (Azerbaijan);

137.206 Pursue its efforts to eliminate discrimination in education against

girls, children with special needs, internally displaced persons, refugees,

children of the Batwa minority and children with albinism (Slovenia);

137.207 Pay particular attention to the schooling of children with disabilities,

displaced and refugee children and children with albinism (Togo);

137.208 Step up its efforts towards achieving gender equality (Portugal);

137.209 Actively promote gender equality, the prevention of sexual and

gender-based violence, and awareness of lesbian, gay, bisexual, transgender

and intersex issues, including the strengthening of the legal framework in this

area (Canada);

137.210 Harmonize gender equality to guarantee the equal rights of men and

women (Turkmenistan);

137.211 Repeal all discriminatory provisions and align legislation with the

Convention on the Elimination of All Forms of Discrimination against Women

(Latvia);

137.212 Accelerate the domestic law reforms in order to harmonize all laws in

line with the Convention on the Elimination of All Forms of Discrimination

against Women, and ensure their effective implementation (Albania);

137.213 Amend the code on persons and family and the nationality code, in

order to remove the gender-based discriminatory provisions contained therein

(Namibia);

137.214 Remove all discriminatory provisions between men and women

relating to their ability to pass their nationality to their children (Sierra Leone);

137.215 Allocate adequate human, technical and financial resources necessary

to ensure the implementation of the national gender policy (Ghana);

137.216 Allocate the human, technical and financial resources necessary to

implement the national gender policy and, in this context, remove the obstacles

that most women continue to face in the process of their economic

empowerment (Mauritania);

137.217 Continue efforts to promote full and equal participation of women in

decision-making at all levels (State of Palestine);

137.218 Strengthen the rights of women, in particular with regard to their

representation in public life, as well as the fight against domestic violence and

the gender pay gap (Algeria);

137.219 Continue the full implementation of initiatives that break barriers for

the economic empowerment of women (Bahrain);

137.220 Continue efforts to combat violence and discrimination against

women (Egypt);

137.221 Continue efforts to fight against gender-based violence (Morocco);

GE.18-06283 23

137.222 Step up its efforts to effectively implement its policy to prevent and

combat all forms of violence against women (Honduras);

137.223 Continue to significantly strengthen measures combating gender-

based and sexual violence against women, and consider decriminalizing certain

conduct based on sexual orientation and gender identity (New Zealand);

137.224 Adopt effective measures to curtail violence against women and girls,

thus enforcing the Law on the prevention and punishment of gender-based

violence, repeal legal provisions that discriminate against women and end

practices such as forced marriage and child marriage (Spain);

137.225 Further undertake firm preventive measures to combat and prohibit

all forms of violence against women committed by all parties (Thailand);

137.226 Adopt and implement effective measures to address sexual violence

against women and girls (Maldives);

137.227 Continue efforts to combat gender-based violence against women and

promote gender equality (Nepal);

137.228 Strengthen measures aimed at combating gender-based violence

(Georgia);

137.229 Investigate cases and prosecute perpetrators of acts of violence

against women, including physical abuse, rape, mutilation and torture

(Poland);

137.230 Ensure that allegations of violence against women are thoroughly

investigated and that perpetrators are brought to justice (Sierra Leone);

137.231 Take all necessary measures to effectively enforce Act No. 1/13 of

September 2016 on the prevention and punishment of gender-based violence,

by bringing perpetrators to justice and assuring full rehabilitation for the

victims (Republic of Moldova);2

137.232 Strengthen the capacity of the criminal judiciary and enhance access

to legal assistance for survivors of gender-based and sexual violence, without

discrimination on any ground (Slovenia);

137.233 Take effective measures, including strengthening the capacity of the

criminal judiciary and enhancing access to legal assistance for survivors of

gender-based violence, without any discrimination, in order to punish the

perpetrators of rape and other forms of sexual violence against women and

girls (Hungary);

137.234 Strengthen multisectoral actions aimed at eradicating gender-based

violence, considering the importance of the empowerment of rights and

awareness initiatives and paying special attention to appropriate mechanisms

for this purpose (Ecuador);

137.235 Continue implementing policies aimed at promoting women’s full

and equal participation in decision-making at the national and local levels

(Timor-Leste);

137.236 Conduct campaigns for the registration of boys and girls not

registered at birth, and ensure their free registration in the civil registry at any

time (Mexico);

137.237 Prohibit child labour and raise the minimum age of employment

(Timor-Leste);

2 The recommendation, as read out during the interactive dialogue, was: “Take all necessary measures

as to effectively enforce Act No. 1/13 of September 2016 on the prevention and punishment of

gender-based violence, by bringing perpetrators to justice and assuring full rehabilitation.”

24 GE.18-06283

137.238 Continue to promote the implementation of public policies on persons

with disabilities (Libya);

137.239 Create conditions that will allow the safe and voluntary return of

refugees (Holy See);

137.240 Step up initiatives aimed at fostering an environment for the

repatriation of refugees, especially by addressing the country’s serious food

shortages (Japan);

137.241 Improve the human rights situation with regard to displaced persons

(Ukraine);

137.242 Continue its efforts in reintegrating disaster victims by putting in

place the national reintegration strategy (Ethiopia).

138. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

GE.18-06283 25

Annex

Composition of the delegation

The delegation of Burundi was headed by the minister responsible for the rights of

the person, social affairs and gender, Mr. Martin Nivyabandi, and composed of the

following members:

• Honorable Joseph Ntakarutimana, du Sénat;

• Honorable Godeliève Nininahazwe, de l’Assemblée Nationale;

• Honorable Félix Niragira, de l’Assemblée Nationale;

• Honorable Gloriose Hakizimana, du Sénat;

• Son Excellence Madame Aimée Laurentine Kanyana, Ministre de la Justice et Garde des Sceaux;

• Monsieur Sylvestre Nyandwi, Procureur Général de la République;

• Monsieur Anicet Mahoro, Conseiller Principal chargé de la Communication à la Première Vice-Présidence de la République;

• Maître Elisa Nkerabirori, Assistante du Ministre des Droits de la Personne Humaine, des Affaires Sociales et du Genre;

• Monsieur Fréderic François Niyonahabonye, Directeur Législatif à l’Assemblée Nationale;

• Monsieur Célestin Sindibutume, Inspecteur Général au Ministère des Droits de la Personne Humaine, des Affaires Sociales et du Genre;

• Monsieur Emile Manisha, Commissaire Général de la Police Judiciaire au Ministère de la Sécurité Publique.