HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF BURUNDI

The Human Rights Committee today completed its consideration of the second periodic report of Burundi on its implementation of the provisions of the International Covenant on Civil and Political Rights.

Presenting the report, Clotilde Niragira, Minister of National Solidarity, Human Rights and Gender of Burundi, briefed on developments, particularly legislative, since the last report in 1992. In 2011 an Independent National Human Rights Institution in line with the Paris Principles was established, a Truth and Reconciliation Commission was in the pipeline and a new Press Law had been adopted along with the decriminalization of certain press offences. The revised Criminal Code abolished the death penalty and criminalized rape, torture, war crimes, crimes against humanity and genocide. The age of criminal responsibility was raised from 13 to 15 years. Much work had been done to improve prison conditions and reduce overcrowding and more than half the prison population had benefitted from clemency measures. To date 32 per cent of Members of Parliament, 46 per cent of Senators and 33 per cent of Ministers were women. As Burundi prepared for elections in 2015 it thanked the international community for its support.

During the discussion, Committee Experts asked whether Burundi intended to decriminalize homosexuality and what it was doing to stop discrimination against lesbian, gay, bisexual and transgender people. Was anti-terrorism legislation being used to clamp down on criticism of the Government, asked Experts, posing questions on the new Press Law and repression of human rights defenders and journalists, as well as restrictions on the freedom of assembly? Other issues raised included discrimination against people with albinism, extrajudicial killings and torture, trafficking in persons, violence against women, and measures to improve prison conditions and reduce the number of people in pre-trial detention. Experts recognized that Burundi was a nation recovering from a long and distressing history of armed conflict but said the Government must rise to the challenge of allowing and valuing legitimate criticism and cease further repression in the preparation for the 2015 elections.

In concluding remarks, Nigel Rodley, Chairman of the Committee, said outstanding concerns and key issues were political killings, particularly perpetrated by people responsible for enforcing the law and the Government-linked youth wing, prison overcrowding and the suppression of the media. On sexual orientation, the Committee took note of the implied hope expressed by the Minister that things would evolve in the right way, but it was difficult not to conclude that when homosexual relations were criminalized only five years ago the evolution was going in the wrong way.

In concluding remarks, Ms. Niragira said Burundi was committed to working closely with the human rights treaty bodies, particularly the Human Rights Committee. The People of Burundi were always ready to listen to good counsel. Ms. Niragira committed to submit written answers to outstanding questions within the next 48 hours.

The delegation of Burundi included the Attorney General of Burundi and representatives of the Ministry of National Solidarity, Human Rights and Gender; the Human Rights Directorate; and the Permanent Mission of Burundi to the United Nations Office at Geneva.

The next public meeting of the Committee will take place at 3 p.m. on Thursday, 9 October when it will start its consideration of the initial report of Haiti (CCPR/C/HTI/1).

Report

The Committee is reviewing the second periodic report of Burundi (CCPR/C/BDI/2).

Presentation of the Report

CLOTILDE NIRAGIRA, Minister of National Solidarity, Human Rights and Gender of Burundi, began by thanking the international community and in particular the Chairperson of the Committee for supporting Burundi through its crises. Since the presentation of its initial report Burundi had made considerable progress in implementing the International Covenant on Civil and Political Rights, initiating a range of innovations in the normative and institutional framework. Ms. Niragira listed all of those, which included the ratification in 2013 of the Optional Protocol to the Convention against Torture, the Convention on the Rights of Persons with Disabilities and the Optional Protocol to Prevent and Punish Trafficking in Persons, particularly Women and Children, known as the Palermo Convention. In 2011 an Independent National Human Rights Institution in line with the Paris Principles was established, along with an Ombudsman’s Office. A law to establish a Truth and Reconciliation Commission had been enacted, as had a Press Law alongside the decriminalization of certain press offences.

Ahead of the 2015 elections, an Independent National Electoral Commission had been established, as well as an Electoral Law and a Code of Conduct for political parties prior to the elections. Furthermore, the Criminal Code had been revised in order to abolish the death penalty and criminalize rape, torture, war crimes, crimes against humanity and genocide. The revision also raised the age of criminal responsibility from 13 to 15 years. Much work had been done to improve prison conditions and reduce overcrowding. More than half the prison population had benefitted from clemency measures, particularly children, elderly people, pregnant and breastfeeding women and those suffering from terminal illness. Accessibility to justice service had been improved, and in particular magistrates were now able to travel around the country to realize local justice and react quickly to serious human rights violations such as gender-based violence.

A 30 per cent quota for women representatives in parliament had been adopted, and to date 32 per cent of Members of Parliament, 46 per cent of Senators and 33 per cent of Ministers were women. Ms. Niragira outlined measures to tackle trafficking in persons and eradicate discrimination in inheritance laws. She also briefed on the adoption of a national policy to protect children and the establishment of children and women’s forums. Training programmes had been established for the Defence and Security Corps, particularly for Burundian peacekeepers working in countries and regions including Somalia, Darfur, Central African Republic, Haiti, Côte d'Ivoire and Mali.

Despite significant progress made in the area of civil and political rights, difficulties remained, said Ms. Niragira. Outstanding issues included murders, gender-based violence and violations stemming in particular from land disputes and conflicts. Happily, early signs indicated that the people of Burundi were prepared to rebuild on the basis of social reconciliation. At this particularly sensitive time, organizing elections for next year which was something that required colossal resources, Ms. Niragira said Burundi thanked all partners and the international community for their support. She assured the Committee of Burundi’s engagement and commitment to implementing the International Covenant on Civil and Political Rights in order to broaden the space for public freedoms and liberties as well as the protection of human rights.

Oral Summary of Written Replies to the List of Issues

In the absence of a full set of translated documents CLOTILDE NIRAGIRA, Minister of National Solidarity, Human Rights and Gender, gave a detailed oral summary of the written replies to the list of issues that Burundi had submitted to the Committee in advance. In the summary Ms. Niragira said the traditional Burundian society was not yet ready for the decriminalization of homosexuality, and that doing so would risk bringing about an irreparable culture clash. She noted that although homosexuality was considered an offence in the Criminal Code of Burundi, no one had yet been charged on that account. Regarding the use of the term ‘exceptional public danger’ Ms. Niragira explained that Burundi had never undergone a state of emergency even through the crises it had suffered, but nevertheless the constitution stated that all human rights were always inderogable.

Many measures had been taken to combat violence against women, and a ‘Zero Tolerance Policy’ was declared by the President of Burundi on sexual and gender-based violence against women. A minimum quota of 30 per cent had been established to correct the imbalance in the representation of women in Burundian institutions, namely the Parliament and the Government.

The constitution integrated all conventions, treaties and covenants to which Burundi was party to. Article 19 of the constitution could be invoked by judges to transpose the provisions of the International Covenant on Civil and Political Rights for the purposes of interpreting the law and handing down judgements internally. The preliminary draft law on the right to inheritance was under consideration.

A consultation and follow-up commission on trafficking in persons had led to the adoption of an anti-trafficking bill by the Parliament which was expected to be promulgated by the Head of State in the near future. On the right to liberty and security of person, Ms. Niragira listed provisions in the new Code of Criminal Procedure which included the stipulation that an accused person must be brought before a judge within 15 days of the issue of the arrest warrant.

To reduce prison overcrowding, a 2012 Decree on Presidential Pardons stipulated that several categories of detainees be granted presidential pardon, while the sentences of other prisoners were halved. That led to a substantial reduction in the prison population. Furthermore, seven of the country’s 11 prisons were being rehabilitated with a view to separating children from adults and women from men. The Ministry for Human Rights and civil society organizations visited detention centres to inspect the living conditions of inmates and check on compliance with pre-trial detention delays. The visits were also used to check on the degree of respect shown for human rights by police officers.

Questions from the Experts

A Committee Expert welcomed the delegation and thanked them for the report, replies to the list of issues and the oral statement. The report was due in 1996 so it was 17 years late. It was important that States realized that the submission of reports was central to the Committee working in a regular fashion, the Expert said, although the Committee was aware of the grave situation Burundi had undergone which may explain the delay.

Burundi’s recent ratification of the Convention on the Rights of Persons with Disabilities was commended. The delegation was asked why there were no references in the presentation or written replies on court rulings regarding discrimination. Could the delegation give more information on how discrimination complaints could be brought? The establishment of an Independent National Commission on Human Rights was also welcomed by the Committee, and information on the human and financial resources allocated to it was requested. What activities did the Commission undertake in the field of civil and political rights, and did it receive individual complaints?

The Committee realized that the decriminalization of homosexuality was a sensitive issue, said an Expert, appreciating Burundi’s honest response as summarized today with the words: “the recognition of this type of right runs the risk of bringing about an irreparable culture clash insofar as neither the traditions nor the customs of Burundi are ready for change”. However, the Expert said it was clear by the history of probably all countries in the world that the criminalization of any form of discrimination had always required a change of cultural attitudes, mind-sets and traditions – it never came easily.

The Committee was pleased that no person had been charged with homosexuality under the Criminal Code, said an Expert, interpreting Burundi’s response to mean that it did not deny that homosexual people had equal rights to any other person. The fear of a cultural clash was not an excuse to sit still and do nothing, he said, and it was clear there was a problem with discrimination against lesbian, gay, bisexual and transgender people in Burundi. The Committee had received evidence of homophobic attitudes and statements by senior Government officials, even Ministers. It had received evidence of detention or threats of detention for lesbian, gay, bisexual and transgender people and of discrimination against homosexual people in public and private employment. What about the Department of Education decree which legitimized the expulsion of students who appeared to be involved in same-sex conduct – would the Government consider withdrawing it? Was Burundi considering launching a public awareness campaign on the wide scope of principles of equality and non-discrimination? If it did, then it could follow that the Government may consider withdrawing the Criminal Code article which criminalized homosexuality seeing as it was not being used.

The temporary special measures used by Burundi to achieve a minimum 30 per cent representation of women in politics were highly commendable and something not many countries had achieved, commended an Expert, noting that 32 per cent of Members of Parliament were women and almost half the Senate were women. He also commended the fact that four out of 11 members of the important Truth and Reconciliation Commission would be women. However, the Committee was concerned that the constitutional quota was not always respected, especially at the local level.

What progress had been made to amend the discriminatory provisions in the field of family and inheritance law? Was it correct that the marriage law was being amended to make it obligatory for women to give their consent to a marriage? That should be self-evident, commented an Expert. The Committee was pleased that the Nationality Law had been changed to allow women to transfer their nationality to their children, but was concerned that it was still a far more complicated process for women to do so than for men.

What was Burundi doing to ensure that Government measures to combat terrorism, which was a universal struggle waged by all countries, respected the rights guaranteed under the Covenant?

An Expert asked if anti-terrorism legislation was being used to clamp down on criticism of the Government by journalists and human rights defenders. He cited the case of Hassan Ruvakuki of Radio France Internationale, who was sentenced to life in prison for alleged “participation in terrorist acts”. Was the real reason for his incarceration the interview he did with a rebel group in 2011? The Expert noted that the journalist’s sentence was reduced to three years and that he had already served 15 months. The Committee was concerned that the message sent out by that case was that journalists should be very careful in what they said and should not criticize the authorities.

Information on the legal framework to combat violence against women was requested, as was clarification on whether marital rape was illegal. The Expert also asked for statistics on complaints filed concerning different forms of violence against women and on judgements handed down by the courts in that field.

What stage was the bill to set up the Truth and Reconciliation Commission at, asked an Expert, and what was happening regarding the establishment of a special court to prosecute the perpetrators of serious violations of human rights and international humanitarian law committed during the various conflicts that had taken place in Burundi?

The issue of extrajudicial executions and torture was a long-standing concern of the Committee dating back to its examination of the initial report of Burundi in 1992, said an Expert. At the time it also noted the lack of effective remedies for victims, but 22 years later the same problems remained; repeated ethnic tensions inflamed by extrajudicial killings with no remedies in sight for victims, she said.

An Expert requested detailed information on the general prohibition of media coverage of the Gatumba attack of September 2011 where many people were killed. She said the trial of the 21 people accused was seriously flawed; 16 were found guilty and seven sentenced to life imprisonment. The report of the commission of inquiry into the events recognized that killings had occurred but that they did not constitute extrajudicial killings. Could the delegation explain how the Government’s interpretation of what was an extrajudicial killing was consistent with international law?

Response by the Delegation

Regarding the de-criminalization of homosexuality, a delegate affirmed that Burundian society was indeed not yet ready. Preparation to bring about a change in mentality on the issue was needed. Little progress had been made so far and Burundi begged the Committee’s understanding that society needed time to evolve. However, the Government agreed that that did not mean it should do nothing. It was now sounding out society to understand the common feeling on the issue and to consider when the right time to decriminalize homosexuality would be.

Of course homosexuals existed in Burundi, said the Head of the Delegation, and there were allegations of homophobic attitudes towards lesbians and gay people in the civil service and allegations of discrimination towards homosexuals. The question about the Ministry of Education ordinance that homosexual children should be thrown out of school was not true, she clarified. When children were at school they were simply students, when adults were at work, they were just employees – they were not singled out as homosexual. The delegate said she believed the Committee had received unreliable information on the matter.

Concerning the allegations that the 30 per cent quota for women’s participation in public and political life was not widely applied, a delegate said that may be true but noted that the quota only applied to elected officials. The Head of the Delegation, herself a woman, said indeed they would like to see women in more senior positions and were fighting for that – with the Committee’s support hopefully the situation would improve.

Regarding the question about stigmatization of journalists and human rights defenders, particularly in the context of combating terrorism, the Head of the Delegation emphasized that when journalists or human rights defenders remained within the human rights standards they were advocating for, then they were on the right side of the law. However, nobody was above the law and if those individuals broke the law then obviously they would be prosecuted. Those prosecutions had to be lawful, she emphasized, and the defendants had the right to defend themselves. Some people thought journalists and human rights defenders were being prosecuted because of their work, but that was not the case, it was because they had broken the law and had to answer for it.

There was a national strategy to combat gender-based violence, which was strongly supported by United Nations Women and other United Nations agencies. However, statistics on domestic violence cases were not collected, although it was known that it happened.

The Commission on Human Rights was able to investigate torture cases, especially during the last electoral period, a delegate confirmed, noting that six people were arrested and were currently in prison. The delegation did not have a list of torture cases and the number of complaints made, but they would get that information from the court archives and submit it to the Committee. A mechanism to combat torture was being established, but the Ombudsman and the National Human Rights Commission could already receive complaints. The definition of torture in the United Nations Convention against Torture was actually used word for word in the domestic legislation, so the definitions certainly were aligned.

Follow-Up Questions by the Experts

In follow-up questions Experts returned to the decriminalization of homosexuality, asking why, if homophobia was such a long and entrenched problem, was homosexuality only criminalized as recently as April 2009. That was when Article 567 of the Penal Code was adopted to criminalize sexual relations; was its purpose to reduce or extend criminality?

Protection for journalists was raised again by an Expert who also enquired about the definition of arbitrary or extrajudicial execution in relation to a Burundi case last year which was found not to meet the definition. Furthermore, most cases of extrajudicial execution remained unresolved – could the delegation update the Committee on those?

Why had the State party not set up a national preventative mechanism to stop the use of torture, in line with the Optional Protocol to the Convention against Torture which it had ratified. The Expert said as the Head of the Delegation previously held the position of Minister of Justice she may be able to inform the Committee on what training law enforcement officers had to prevent and investigate torture.

An Expert asked about efforts to protect people with albinism, who often suffered harassment, terrible forms of discrimination and even abduction, although the Committee was aware that the State party took the issue very seriously.

Regarding the terminology behind ‘extrajudicial executions’, an Expert said the Covenant simply protected ‘the right to life’. Deprivations of the right to life by agents of the Government or actors operating in parallel to the Government or with its acquiescence, violated the Convention, and were issues of interest to the Committee. The dialogue today was not about the term but about the phenomenon, and that was what the Committee would like to hear about.

Response by the Delegation

The Head of the Delegation assured that journalists and human rights defenders would not be prosecuted for doing their jobs as long as they remained within the law. The Press Law had decriminalized ‘press crimes’, although other laws were in place to maintain law and order, she noted.

It was true that homosexuality was not a criminal offence in Burundi until 2009, said the Head of the Delegation. But prior to 2009 it was forbidden in the unwritten ethical code of the country. Burundian society could not yet accept that homosexuality was not an attack on the morality of society. When it was ready to accept that, Burundi would then adopt a law allowing homosexuals to marry – but that would be in the future. Despite the provisions in the Criminal Code homosexuals were not prosecuted, she noted, appealing for the Committee’s understanding.

The Ministerial Order on homosexuality issued in 2011 which referred to the expulsion of school children for homosexual acts did not target homosexuals but rather prohibited students from engaging in any sexual conduct in schools, as it would be inappropriate behaviour. Schools were not nightclubs and Burundi was not the only country that prohibited sexual conduct in schools, the delegate commented.

A national preventative mechanism to fight against torture was in the process of being established, as Burundi only ratified the Optional Protocol to the Convention against Torture a few months ago. Training and awareness-raising on ways of fighting torture was provided to police officers and magistrates at locations throughout the country and had resulted in a reduction of torture cases.

Persons with albinism had faced harassment, attacks, murder and slaughter, said a delegate. The Government had acted strongly in response. As a result, no person in Burundi would discriminate against a person with albinism today; they were considered a vulnerable group and were firmly protected by the State.

The term ‘extrajudicial executions’ was unknown in domestic legislation, said a delegate, adding that any attack on the right to life was treated very seriously, which was why Burundi ratified the Covenant in the first place. A legal arsenal protected the right to life and in such cases magistrates had to rule within 48 hours. Burundi did not claim it had no violations of the right to life, there were attacks and it was trying to develop a situation of full respect for the right to life of its citizens. It was also noted that there were no militias active in Burundi, and any known militia members were either in prison or being prosecuted.

Questions by the Experts

Burundi’s plea to the Committee – and indeed the international community – for its understanding and tolerance of its criminalization of homosexuality was strange, commented an Expert, because the Committee was here to stand up for the rights of individuals, and lesbian, gay, bisexual and transgender people were individuals just the same as any other.

The Committee recognized that Burundi was a nation recovering from a long and distressing history of armed conflict, said the Expert, but the Government must rise to the challenge of allowing and valuing legitimate criticism and cease further repression in the preparation for the 2015 elections.

Burundi had a vivacious and active civil society and media but officials had recently endeavoured to repress their disapproval and make allegations that they were in solidarity with the opposition. Many journalists had been harassed, intimidated and questioned about their reporting and threatened with legal action, said an Expert. He mentioned just a few cases from reports received by the United Nations: that of Patrick Nionkuru, a reporter wounded by a police officer while attempting to report on an issue of civic concern; Hassan Ruvakuki who was imprisoned for two years and originally sentenced to life for interviewing a rebel group; and Willy Abagenzinikindi, a journalist attacked with a machete in his own house for holding tapes and investigative reports. Further, in February 2013 journalists who marched in support of Mr. Ruvakuki in Bujumbura were brutally dispersed with teargas. The general prohibition of media coverage of the Gatumba attack which took place in September 2011 was also asked about.

The new Press Law was a problem for freedom of expression standards. In particular it challenged the protection of sources and restrained the topics on which journalists could report, virtually criminalizing commentaries on themes such as price rises, public order and political homicides, said an Expert. Of particular concern was the long list of requirements for journalists to reveal their sources – for issues regarding public order, defence secrets, security of the State or the physical or moral integrity of an individual. Therefore there was no matter for which a journalist would not have to reveal their source, regretted an Expert, which clearly hampered the right to give and receive information as enshrined in the Covenant.

The new law on public demonstrations had incorporated some suggestions by Burundian non-governmental organizations but it stipulated the right of Government officials to participate in meetings or public gatherings and to interrupt or dissolve them for the sake of public order. That was very broad, commented the Expert, noting that very few demonstrations had been organized since 2009 by entities that complained about human rights violations.

Burundi’s ruling party was perpetrating a relentless campaign of intimidation against Government critics, and its youth wing was carrying out crimes with impunity ahead of next year’s election, Amnesty International had warned, alleging that members of the Imbonerakure youth league of the ruling National Council for the Defence of Democracy–Forces for the Defence of Democracy was responsible for deeds of extreme violence such as killings, beatings, rape, threats and coercion against their perceived opponents in Burundi. The Imbonerakure were not only involved with local-level security but could also detain suspects and often exerted control over the local police and administration, according to reports. The Government had confirmed that the Imbonerakure were supported by the State, which raised urgent questions on the local application of the Covenant in Burundi, said the Expert.

On detention and prison overcrowding, an Expert asked for concrete examples of how civil society was able to monitor prison conditions, how detainees could submit complaints about the conditions and how despite the implementation of the Presidential Pardon there was still an increase in prison occupancy in 2014. Would the delegation agree that the main cause of overcrowding was the disproportionately high number of pre-trial detainees? What measures were taken to separate women and men, convicted prisoners and pre-trial detainees, and juveniles and adults in prisons? Was it true that Pierre Claver, President of the Association for the Protection of Human Rights and Detained Persons, was still in prison despite being over 60 years old and fulfilling the conditions for release outlined in a recent Ministry of Justice circular? The Committee also regretted the lack of statistics on deaths in prison.

The delegation was asked about Burundi’s reservation to the United Nations Refugee Convention. What efforts were made to support internally displaced persons? It was also asked how Burundi ensured that the Saturday Morning Community Work programme was voluntary in nature, and could the delegation give information on the enforcement of travel restrictions while the programme took place by police road blocks, an Expert asked. Questions were also raised on the independence of the judiciary, on measures to tackle trafficking in persons and support victims, and about human rights violations of domestic workers.

An Expert commented that the Truth and Reconciliation Commission appeared to prioritize reconciliation over justice. The State party simply stated that civil society and non-governmental organizations participated in the drafting of the report “as usual” but the Committee had heard different accounts; could the delegation please comment?

Response by the Delegation

The deplorable massacre at Gatumba of September 2011 was widely reported on, even internationally, and there were no restrictions on writing about it, said a delegate. Once the investigations began, the authorities sought to ensure that nothing was reported about the case that could be distorted or prejudicial, in order to allow justice to prevail.

Associations supporting lesbian, gay, bisexual and transgender rights could not hold demonstrations unless they had been approved by the authorities, and it was similarly difficult to allow them to do their work without approval. It was known that there were homosexuals and lesbians in Burundi but there were no known authorized associations; any such association should request authorization on the basis of their statute, commented the Head of the Delegation.

A delegate said she was very happy to announce that human rights defender Pierre Claver, President of the Association for the Protection of Human Rights and Detained Persons, had been released from prison on the grounds of his illness, with conditions to report to the Ministry of Justice.

Assistance to help internally displaced persons make voluntary returns and to register them continued, said a delegate, although she said she could not comment on whether Burundi planned to withdraw its reservation to the United Nations Refugee Convention.

The Press Law of Burundi resembled press laws of other countries – it was not a law unto itself, said the Head of the Delegation. Journalists were free to express themselves and they were the judges of that. In fact Burundi was one of the most liberal African countries in fostering freedom of expression. But to regulate society for cases of over-arching importance regarding the defence of the nation, if there was information that could seriously jeopardize national security then journalists must reveal their sources. However, they only had to reveal their sources to a judge who could determine the gravity of the situation invoked.

It was untrue that there had been no public demonstrations since 2009; a request to organize a demonstration was always authorized if it respected the law and regulations. However, associations with different objectives tended to rally together and ask for a public demonstration for a common goal although they had completely different goals in their statute. In that case it would be difficult to protect public order.

New anti-trafficking legislation was to be enacted soon which would lead to the establishment of an anti-trafficking body. There were trafficking cases in various provinces, in some cases perpetrators seized children and used them for sexual acts and in other cases children were sent to Oman. But all the perpetrators had been caught and were currently in prison being prosecuted under the Criminal Code.

Significant progress had been made to reduce the use of corporal punishment in schools, namely thanks to workshops for educators to teach them alternative methods of discipline. In family settings children may be unable to express a complaint of injury through corporal punishment, but neighbours or anyone who had contact with a child could do so.

As a party to the Convention on the Rights of the Child, Burundi had established a national forum for children where they could talk to political decision makers about their rights and feelings. A national policy to protect the rights of the child had been drafted, along with policies for street children, orphans and vulnerable children. On juvenile justice, the delegate said re-education centres for minors were being established which could provide them with training that would lead to employment and help reintegrate them back into society. The age of criminal responsibility had been raised to 15 years

Clemency measures for prison detainees, via the Presidential Pardon, had already been outlined and helped lessen overcrowding. Burundi had no more resources left to build more prisons to reduce overcrowding but within its means efforts continued to ensure better prison conditions and to create a humane justice system. The delegate noted that there was a 15 day time limit to bring an accused individual before a judge, and that the accused were given access to a lawyer.

Non-governmental organizations could not complain about not being involved in State matters, said the delegate, and were consulted upon the drafting of the report. Civil society representatives were in the room today and could contradict if they disagreed.

Concluding Remarks

CLOTILDE NIRAGIRA, Minister of National Solidarity, Human Rights and Gender of Burundi, thanked the Committee for the concerns, comments and the advice offered. She also thanked the international community for standing beside Burundi even during its darkest hours of crisis. Burundi was committed to working closely with the human rights treaty bodies, particularly the Human Rights Committee. The people of Burundi were always ready to listen to good counsel. Ms. Niragira committed to submit written answers to outstanding questions within the next 48 hours.

NIGEL RODLEY, Chairman of the Committee, said the delegation was small but very strong in terms of its authority and competence and the Committee was grateful to have such well-informed Ministers briefing it. It was also very well aware of what the country had gone through, including the genocide in neighbouring Rwanda, said Mr. Rodley referring to the term ‘cycle of impunity’ meaning the massacres followed by massacres followed by massacres in the region. While the Committee was glad there had not been another inter-communal massacre of that scope in the intervening period it had concerns regarding the issue of political killings, particularly perpetrated by people responsible for enforcing the law. The delegation denied the existence of militias but accepted the presence of a Government-linked youth wing which helped the authorities maintain public order; when the activities of that body involved killings and other violations then they needed special attention so as not to perpetuate a climate of impunity. The Committee would appreciate information on the prosecutions in respect to such incidents

The Chairperson said other key issues included prison overcrowding – Burundi’s prisons were up to 300 per cent overcrowded, but the word ‘overcrowded’ did not begin to capture the oppressive circumstances in which people were held. People died in those circumstances because they were disease-generating. It was not sufficient to simply wring ones hands and imply that until the international community helped by building more prisons it was okay to keep people in those conditions. Societies could not build their way out of overcrowding. On sexual orientation, the Committee took note of the implied hope expressed by the Minister that things would evolve in the right way, but Mr. Rodley said it was difficult not to conclude that when homosexual relations were criminalized only five years ago the evolution was going in the wrong way. He emphasized that the Committee was not talking about homosexual marriage but simply the decriminalization of homosexuality. Finally, on the suppression of the media and journalists, Mr. Rodley said the information received by the Committee was not consistent with the picture provided by the delegation.