| Click here for a summary of Burundi’s review at the first cycle and/or the second cycle. |
29th UPR session
Date of review: 18 January 2018
Date of report adoption: 28 June 2018
Document number: A/HRC/38/10
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SUMMARY SOGIESC issues during Burundi ‘s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Scope of international obligations and cooperation with international human rights mechanisms and bodies
2. Amnesty International (AI) and the Advocates for Human Rights (AHR) reported that during the 2013 (UPR) review, Burundi received a total of 174 recommendations and not supported 39 of these on issues such as decriminalisation of same-sex relations, freedom of expression, association and peaceful association, and extrajudicial executions. Further, AI indicated that the authorities have failed to investigate and prosecute many extrajudicial executions committed before and during the period under review.
Equality and non-discrimination
13. HRW, JS2 and JS5 noted that Burundi criminalized consensual same-sex conduct for the first time in April 2009 and did not follow the recommendations made during the 2012 UPR to repeal these provisions. Further, they indicated article 567 of the penal code penalizes consensual same-sex sexual relations by adults with up to two years in prison. HRW, JS2 and JS5 recommended decriminalizing consensual same-sex relations by revoking relevant articles of the Penal Code and removing discrimination on grounds of sexual orientation or gender identity from other laws and state policies, including Burundi’s educational policy.
14. JS1 said that the Government of Burundi had enacted a law punishing sexual and gender-based violence. However, it was not comprehensive and its silence on the rights of homosexuals and lesbians gave cause for concern. They recommended the introduction of support measures for the effective implementation of the law, such as the creation of a specialist police unit to deal with sexual and gender-based violence.
Right to life, liberty and security of person
21. JS5 stated that there had been numerous cases of arbitrary arrest and illegal detention by police of members of the LGBT community in Burundi. In some cases, the reason for their arrest was their sexual orientation and gender identity and/or expression. JS5 recommended taking all necessary measures to effectively protect homosexuals from threats to their physical integrity and from discrimination of any kind.
Fundamental freedoms and the right to participate in public and political life
31. JS5 said that the freedom of assembly was one of the rights that was still not guaranteed to the LGBT community in Burundi. The activities of homosexual persons were continually impeded by the security forces and local authorities. They recommended taking all necessary measures to guarantee complete freedom of assembly and expression without discrimination.
Right to health
43. JS5 reported that significant advances had been noted since 2007 in the area of HIV prevention for men who had sex with men. Sexual minorities had been included in the 2012-2016 strategic plan to combat AIDS, as a high-risk vulnerable group. Despite all these advances, there were still cases of discrimination and stigmatization, both in care institutions and on the part of the administrative authorities. They recommended taking all necessary measures to guarantee LGBT persons effective access to health care, without discrimination.
Right to education
47. JS5 reported that the literacy rate was relatively very low in the LGBT community, with many young LGBTI persons dropping out of school. This was the result of the discrimination and violence that they faced from peers and teachers in school on a daily basis.
II. Excerpts on SOGIESC issues from the national report
Combating gender-based violence
39. Equality between men and women is in principle enshrined in article 13 of the Constitution of the Republic of Burundi, which provides: “All Burundians are equal in merit and in dignity. All citizens enjoy the same rights and have the right to the same protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on the grounds of race, language, religion, sex or ethnic origin.” Similarly, article 22 of the Constitution provides that “All citizens are equal before the law, which guarantees them legal protection. No one may be the object of discrimination because of their origin, race, ethnicity, sex, colour, language, social situation, religious, philosophical or political convictions or on grounds of a physical or mental disability or of carrying HIV/AIDS or any other incurable disease.”
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
13. The Human Rights Committee was concerned by reports that homosexuals were faced with threats to their physical integrity, intimidation and discrimination in various spheres of life. In particular, the Committee was concerned by the fact that homosexuality was defined as an offence in the Criminal Code; the fact that students considered to be homosexuals might be barred from their schools; and the obstacles faced by homosexuals seeking to found associations. The Committee recommended that Burundi decriminalize homosexuality.
Right to life, liberty and security of person
16. OHCHR-Burundi reported that with Nkurunziza’s victory in the presidential elections, a phase of intensifying violence had begun. The independent experts stated that, on 25 April 2016, the Office of the Prosecutor of the International Criminal Court had started a preliminary examination on alleged crimes under the jurisdiction of the International Criminal Court committed in Burundi since April 2015. The preliminary examination focused on allegations of killing, imprisonment, torture, rape and other forms of sexual violence, as well as cases of enforced disappearances.
IV. References to SOGIESC issues during the Working Group review
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.
130. The head of delegation recalled that Burundi did not recognize same-sex relationships.
V. Conclusions and/or recommendations
Burundi noted the following recommendations:
137.93 Decriminalize homosexuality (Iceland) (Timor-Leste);
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);
137.123 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);
137.209 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);
137.223 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);
137.232 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);
VI. Further information
You will find all documents relating to Burundi’s third review at UPR-Info and OHCHR’s websites.