| Click here for a summary of Burundi’s review at the second cycle and/or the third cycle. |
3rd UPR session
Date of review: 2 December 2008
Date of report adoption: 8 January 2009
Document number: A/HRC/10/71
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SUMMARY SOGIESC issues during Burundi’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
36. SRI [Sexual Rights Initiative] drew attention to the lack of legal protection against discrimination based on sexual orientation, which it said has serious implications for the prevention of HIV/AIDS. The Association for Homosexuals’ Rights (ARHDO) made similar comments. SRI said that victims of such discrimination do not have sufficient protection against violence.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
19. Australia […] enquired on the veracity of disturbing reports of criminal sanctions against homosexuality in proposed criminal code revisions and, if true, how such provisions were consistent with Burundi’s commitments under the International Covenant on Civil and Political Rights in the light of relevant conclusions by the Human Rights Committee.
24. Belgium recommended (a) that Burundi, in conformity with its obligations to ensure non-discrimination, withdraw from the draft new criminal code a provision that would punish homosexual relations.
35. Switzerland hoped that the Senate will soon approve the decision taken by the National Assembly to abolish the death penalty. It regretted the decision by the Assembly to criminalize homosexuality.
47. Concerning the criminalization of homosexuality, the representative of Burundi clarified that the amendment to the draft of the new criminal code had been adopted by the lower house of Parliament and that she would need to discuss the matter with the country’s authorities in order to be able to give a fuller picture.
56. Slovenia expressed concern regarding the provision in the draft criminal code criminalizing same-sex sexual relations, and recommended that Burundi (a) reconsider including such a provision, which would run counter to Burundi’s human rights commitments, the rights to privacy and non-discrimination.
64. Chile further recommended that Burundi […] (g) decriminalize same-sex relations between consenting adults.
V. Conclusions and/or recommendations
Burundi noted the following recommendations:
81.4. Extend protection against discrimination and ensure that no one is subject to discrimination on the basis of sexual orientation, bearing in mind the universality of human rights and the recommendation of the Human Rights Committee on the right to privacy and non-discrimination (Netherlands);
81.5. Reconsider the inclusion in the draft criminal code of the provision criminalizing same-sex sexual relations in conformity with Burundi’s obligations to ensure non-discrimination and the right to privacy (Belgium);
81.5b Reconsider the inclusion in the draft criminal code of the provision criminalizing same-sex sexual relations (Chile);
81.5c Reconsider the inclusion in the draft criminal code of the provision criminalizing same-sex sexual relations in conformity with Burundi’s obligations to ensure non-discrimination and the right to privacy (Slovenia).
VI. Further information
You will find all documents relating to Burundi’s first review at UPR-Info and OHCHR’s websites.