REPORT OF THE PROMOTION MISSION TO THE REPUBLIC
OF BURUNDI
BY
COMMISSIONER MARIE LOUISE ABOMO
COMMISSIONER REMY NGOY LUMBU
&
COMMISSIONER MARIA TERESA MANUELA
18-21 MARCH 2025
TABLE OF CONTENTS
ACKNOWLEDGEMENTS................................................................................................................................ 3
EXECUTIVE SUMMARY ................................................................................................................................. 4
INTRODUCTION ............................................................................................................................................. 7
A. COMPOSITION OF THE DELEGATION ....................................................................................................... 7
B.
TERMS OF REFERENCE OF THE MISSION .......................................................................................... 7
C. STATUS OF RATIFICATION OF HUMAN RIGHTS INSTRUMENTS ............................................................. 8
D.
PREVIOUS COMMITMENTS BETWEEN THE COMMISSION AND BURUNDI ........................................ 9
1)
Promotion mission ........................................................................................................................... 9
2)
Presentation of Periodic Reports .................................................................................................... 9
3)
Communication-complaint ............................................................................................................ 10
E. COUNTRY PROFILE ................................................................................................................................. 11
F. METHODOLOGY ...................................................................................................................................... 13
IV. FINDINGS .................................................................................................................................................... 14
A. ADMINISTRATION OF JUSTICE AND CORRECTIONAL SERVICES .......................................................... 15
1)
Administration of Justice ............................................................................................................... 15
2)
Prisons and Conditions of Detention ............................................................................................ 16
B.
INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS ............................... 17
C. ECONOMIC, SOCIAL AND CULTURAL RIGHTS ........................................................................................ 19
1)
Unemployment and poverty .......................................................................................................... 19
2)
The right to education ................................................................................................................... 19
3)
Right to health and access to healthcare, HIIV/AIDS.................................................................. 19
4)
Right to work .................................................................................................................................. 20
D.
FREEDOM OF EXPRESSION, PROTECTION OF JOURNALISTS AND ACCESS TO INFORMATION ..... 21
E- FREEDOM OF ASSOCIATION AND ASSEMBLY ....................................................................................... 22
F- WOMEN'S RIGHTS .................................................................................................................................. 22
1)
Policy .............................................................................................................................................. 22
2)
Violence against women ............................................................................................................... 22
3)
Empowerment of women................................................................................................................... 23
GRIGHTS OF PERSONS WITH DISABILITIES ........................................................................................ 23
HASYLUM SEEKERS, REFUGEES, STATELESS PERSONS AND MIGRANTS ....................................... 24
1)
Refugees ........................................................................................................................................ 24
2)
Stateless ......................................................................................................................................... 25
IINDIGENOUS POPULATIONS .................................................................................................................. 25
V.
RECOMMENDATIONS ................................................................................................................................. 26
A. GENERAL ................................................................................................................................................. 26
1)
Administration of Justice ............................................................................................................... 26
2)
Prisons and Conditions of Detention ............................................................................................ 27
BECONOMIC, SOCIAL AND CULTURAL RIGHTS ................................................................................... 27
1)
Right to work .................................................................................................................................. 27
2)
Right to education ......................................................................................................................... 27
3)
Right to health and access to healthcare, HIV/AIDS .................................................................. 28
C- FREEDOM OF EXPRESSION, PROTECTION OF JOURNALISTS AND FREEDOM OF ASSOCIATION AND
ASSEMBLY ....................................................................................................................................................... 28
DWOMEN'S RIGHTS .............................................................................................................................. 28
1)
Policy .............................................................................................................................................. 28
2)
Violence against women ............................................................................................................... 28
3)
Empowerment of women ................................................................................................................... 29
E- RIGHTS OF DISABLED PEOPLE .............................................................................................................. 29
F- ASYLUM SEEKERS, REFUGEES, STATELESS PERSONS AND MIGRANTS ............................................ 29
GINDIGENOUS PEOPLES ...................................................................................................................... 29
VI- ANNEXES ......................................................................................................................................................... 30
I.
II.
III.
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I.
ACKNOWLEDGEMENTS
The African Commission on Human and Peoples' Rights (the Commission) would like to
thank the Government of the Republic of Burundi for authorising this promotional mission
and for providing its delegation with all the necessary resources to ensure its success. The
Commission would also like to thank the government for the open and productive
discussions that took place during the mission.
The Commission would particularly like to express its deep gratitude to the President of
the Republic, His Excellency Evariste Ndayishimiye, for authorising this promotion visit.
The Commission gratefully acknowledges the invaluable assistance of the Minister of
Solidarity, National Solidarity, Social Affairs, Human Rights and Gender in the coordination
of this initiative, in addition to the dedicated personnel of the Ministry of Foreign Affairs
and Development Cooperation and Protocol services.
The Commission is also grateful to the Ministry of Foreign Affairs and the focal points who
accompanied the delegation throughout the mission, for their excellent organisation,
which enabled the delegation to meet various government representatives and develop a
comprehensive understanding of the human rights situation in the country.
Finally, the Commission would like to thank the representatives of the various ministries,
independent statutory institutions and other bodies, as well as the individuals who, despite
their busy schedules, found time to meet with the delegation.
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II.
EXECUTIVE SUMMARY
In accordance with the mandate of the African Commission on Human and Peoples' Rights
(the Commission) under Article 45 of the African Charter on Human and Peoples' Rights
(the African Charter) and following authorisation by the Government of the Republic of
Burundi (Burundi), a delegation fielded by the Commission undertook a Promotional
Mission to the Republic of Burundi from 18 to 21 March 2025.
This was the Commission's third promotional mission to Burundi, following previous
missions in March 2000 and February 2004. The mission aimed to engage in dialogue
with the Government of Burundi and the various stakeholders on the legislative,
institutional and other measures implemented to enforce the provisions of the African
Charter and other instruments regularly ratified by the Republic of Burundi.
The mission also provided an opportunity to assess Burundi’s progress and the challenges
that remain, and to raise awareness of the importance of ratifying various outstanding
human rights conventions.
The mission began with a courtesy visit to the Ministry of Foreign Affairs and Development
Cooperation. The delegation was also received by the Minister for the Civil Service and the
Permanent Secretary of the Ministry for National Solidarity, Social Affairs, Human Rights
and Gender.
During this mission, the delegation held discussions and working sessions with a number
of State actors at ministerial level, as well as structures and non-governmental
organisations working in this area. This was to ensure that the Burundian authorities took
into account the obligations contained in the Charter.
The delegation also met with the President of the Constitutional Court, the President of the
Supreme Court, the Prosecutor General of the said Court, the Director General of the
Police, the Ombudsman Institution, the Independent National Commission for Human
Rights, the National Office for the Protection of Refugees and Stateless Persons, the
President of the Bujumbura Bar Association and civil society organisations.
A working session was held with technical experts from the various ministries to discuss
relevant issues relating to the implementation of the rights contained in the African
Charter. The delegation also visited Bubanza prison.
The delegation also held an open information session for students at the Faculty of Law of
the University of Burundi, in the presence of the Dean of the Faculty of Law, representing
the Rector who was away on mission.
The delegation met with the Minister of Solidarity, National Solidarity, Social Affairs,
Human Rights and Gender to discuss the preliminary conclusions of the mission.
Progress was noted in several areas, including the personal commitment of the President
of the Republic to human rights; the existence of an effective legal framework for
protecting human rights in Burundi, notably through the direct incorporation of ratified
conventions into national law as set out in Article 19 of the Constitution; the dynamism of
the Constitutional Court, which examined cases of human rights violations before the 30
December 2024 law was enacted, setting out the procedure for referring cases to it; the
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Ombudsman's willingness to collaborate with the ACHPR in protecting and promoting
human rights; efforts to train the police in human rights and international humanitarian
law; judicial mapping covering all administrative subdivisions of the country. Free
healthcare was provided to pregnant women and children under five, and efforts were
made to combat statelessness, for example in the case of the Omanis. A strategy was also
implemented to achieve universal medical coverage.
The delegation also noted with satisfaction the programmes developed by various
ministries that incorporate a human rights-based approach. These include the
establishment of an agricultural bank, a youth bank and a women's bank which aim to
empower women.
The delegation congratulated the government on welcoming refugees from the Democratic
Republic of Congo.
The also welcomed the Burundian authorities’ commitment to ratifying outstanding texts
and submitting combined periodic reports to the African Commission on Human and
Peoples' Rights during the current quarter.
However, the delegation notes the persistence of several challenges that hinder the
effective protection of human rights. These include: dilapidated prisons, inadequate meals
for prisoners, overcrowding, prolonged pre-trial detention, seven-day police custody, failing
to separate convicted prisoners from remand prisoners, military detainees and common
law detainees. Other issues include the absence of a doctor and an out-of-hours service
at the prison infirmary, and the non-existence of an education and leisure programme.
The delegation also noted the government's difficulty in providing adequate care for
refugees due to a lack of resources, as well as the inability of humanitarian organisations
to provide sufficient assistance due to budget constraints.
A detailed report on the mission will be produced at a later date. However, the delegation
is already encouraging the Burundian government to :
- Strengthen its commitment to, and improve the effectiveness of, its programmes,
plans and policies for the promotion and protection of human rights ;
- Take the necessary urgent measures to improve prison conditions by ensuring that
prisoners and detainees have adequate food and reducing the length of pre-trial
detention;
- Continue to apply alternatives to detention and imprisonment, as stipulated in the
Penal Code (e.g. probation and/or community service);
- Implement a training programme for prison officers;
- Plan the construction of new prisons;
- Pursue efforts to empower women and ensure their representation in decisionmaking bodies;
- Pursue positive measures to empower young people financially;
- Eradicate the practice of refusing to register children born outside wedlock or not
acknowledged by the father, to prevent statelessness;
- Ratify the relevant regional and international human rights instruments, as
pledged;
- Submit its combined periodic reports to the African Commission on Human and
Peoples' Rights, this quarter.
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The delegation appreciates the Government's commitment to respect its obligations in the
submission of its periodic reports, under Article 62 of the African Charter by presenting its
cumulative reports at the next sessions of the African Commission.
The delegation would also like to thank the government of the Republic of Burundi for
engaging in constructive dialogue with all stakeholders.
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III.
INTRODUCTION
A. COMPOSITION OF THE DELEGATION
1. The Commission delegation was composed as follows:
- The Honourable Commissioner Rémy Ngoy Lumbu, Chair of the Commission,
Special Rapporteur on Human Rights Defenders, Focal Point on Reprisals and
Focal Point on the Independence of the Judiciary in Africa (Head of Delegation),
- The Honourable Commissioner Marie Teresa Manuela, Special Rapporteur on
Prisons, Conditions of Detention and Policing in Africa; and
- The Honourable Commissioner Marie Louise Abomo; Commissioner in charge
of the human rights situation in the Republic of Burundi and Chair of the
Working Group on the Rights of Older Persons and Persons with disabilities in
Africa.
2. The delegation was assisted on site by Ms Estelle Nkounkou Ngongo, Legal Adviser at
the Secretariat of the Commission, and in duplex by Mr Bruno Menzan, Legal Adviser
at the same Secretariat, who specifically provides technical support to the Country
Rapporteur.
B. TERMS OF REFERENCE OF THE MISSION
3. The Terms of Reference for the mission to Burundi were as follows:
The delegation was mandated to :
- Strengthen relations between the Commission and Burundi in the promotion and
protection of the rights guaranteed by the African Charter and other relevant
national, regional and universal legal instruments;
- Promote the African Charter, the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women (Maputo Protocol) and all other regional
and universal legal instruments relating to human rights;
- Lobby for Burundi to become a party to the international human rights instruments
that it has not yet ratified, as soon as possible;
- Follow up on the Commission's recommendations contained in :
i.
The Concluding Observations and Recommendations on Burundi's Second
to Fifth Combined Reports, adopted at the Thirteenth Extraordinary Session
(Banjul, Gambia) held from 19 to 25 February 2013;
ii. The Report of the African Commission on Human and Peoples' Rights’
delegation on its fact-finding mission to Burundi from 7 to 13 December
2015.
- Engage in dialogue with the Government of Burundi on legislative and other
measures taken to give full effect to the provisions of the African Charter, the
Maputo Protocol and other duly ratified instruments;
- Exchange views and share experiences with the Government of Burundi and other
stakeholders working in the field of human rights in the country on strategies to
improve the enjoyment of these rights;
- Gather all relevant information on the situation of women's and children's rights,
identifying good practices and positive action measures, and persistent challenges
where necessary .
- Gather information on the situation of indigenous peoples, older persons and
persons with disabilities in Burundi;
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-
Assess the extent to which citizens in Burundi enjoy economic, social, and cultural
rights and the measures taken by the government to implement them;
Gather information on the situation of human rights defenders in Burundi by
engaging with various stakeholders to identify issues that impede the effective
enjoyment of their human rights;
Exchange views and gather information on the extractive industries sector and its
impact on citizens' lives and the environment;
Gather information on HIV/AIDS, and find out about the government's policies and
measures to prevent the pandemic and protect the rights of people living with the
virus, as well as those who are vulnerable or affected by the disease.
Meet with all relevant human rights stakeholders to discuss their programmes,
their assessment of the human rights situation in the country and the difficulties
they encounter in carrying out their activities.
Visit prisons and other detention centres to learn about the conditions in which
prisoners are held.
C. STATUS OF RATIFICATION OF HUMAN RIGHTS INSTRUMENTS
4. Burundi has ratified universal and regional treaties and conventions, but other relevant
human rights instruments have not yet been ratified and will require particular
attention from the State.
1) Universal instruments ratified by Burundi
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
- Optional Protocol to the Convention against Torture
- International Covenant on Civil and Political Rights
- Second Optional Protocol to the International Covenant on Civil and Political
Rights, which aims to abolish the death penalty
- Convention for the Protection of All Persons from Enforced Disappearance
- Inter-State communications procedure under the International Convention for the
Protection of All Persons from Enforced Disappearance
- Convention on the Elimination of All Forms of Discrimination against Women
- International Convention on the Elimination of All Forms of Racial Discrimination
-
International Covenant on Economic, Social and Cultural Rights
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families
Convention on the Rights of the Child
Optional Protocol to the Convention on the Rights of the Child concerning the
involvement of children in armed conflict
Optional Protocol to the Convention on the Rights of the Child concerning the sale
of children, child prostitution and child pornography
Convention on the Rights of Persons with disabilities
1951 Convention relating to the Status of Refugees and/or its 1967 Protocol
2) International instruments not ratified by Burundi
- 1954 Convention relating to the Status of Stateless Persons
- 1961 Convention on the Reduction of Statelessness
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3) Human rights instruments ratified by Burundi
- African Charter on Human and Peoples' Rights
- African Charter on the Rights and Welfare of the Child
- African Youth Charter
- OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
- Protocol to the African Charter on Human and Peoples' Rights on the African Court
on Human and Peoples' Rights
- Protocol to the African Charter on Human and Peoples' Rights on Older Persons
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of
Persons with disabilities in Africa
4) Regional human rights instruments not ratified by Burundi
- African Union Convention for the Protection and Assistance of Internally Displaced
Persons in Africa (Kampala Convention)
- African Union Convention on the Elimination of Violence against Women and Girls.
- African Charter on Democracy, Elections and Governance
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of
Women
- Protocol to the African Charter on Human and Peoples' Rights on Specific Aspects
of the Right to a Nationality and the Elimination of Statelessness in Africa
- Protocol of the Court of Justice of the African Union
- Protocol on the Statute of the African Court of Justice and Human Rights
- Protocol to the Treaty establishing the African Economic Community on the Free
Movement of Persons, the Right of Residence and the Right of Establishment
D. PREVIOUS COMMITMENTS BETWEEN THE COMMISSION AND BURUNDI
1) Promotion mission
5. This was the third promotion mission to Burundi. The first took place from 14 to 21
March 2000 and the second from 4 to 11 February 2004. The Commission also
conducted a fact-finding mission from 7 to 13 December 2015, following the
announcement of President Pierre Nkurunziza's intention to seek a third term of office,
a decision which plunged the country into a spiral of violence.
2) Presentation of the Periodic Reports
6. Burundi's initial periodic report, covering the period from 1991 to 2000, was examined
at the Commission's 27thth Ordinary Session, held from 27 April to 11 May 2000. The
second report, covering the period from 2002 to 2010, was examined at the
Commission's 50thth Ordinary Session, held from 25 October to 5 November 2010.
Since then, Burundi has not submitted any further reports. However, during the
promotional visit detailed in this report, the Burundian authorities informed the
Commission that they were finalising their periodic report, which they intend to present
at subsequent sessions.
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3) Complaint
7. To date, the Commission has received several complaints, some of which are at
different stages of examination by the Commission: admission, admissibility,
examination on the merits and others on which final decisions have already been
adopted, as listed below:
a) Communications for which a final decision has been issued
On the merits
- Communication 231/99 Avocats sans frontières (concerning Gaëtan
Bwampamye) v. Republic of Burundi
- Communication 388/10 M. Ntiroranya Adrien v. Burundi
- Communication 472/14 Family of the late Audace Vianney Habonarugira v.
Burundi
- Communication 473/14 Family of the late Jackson Ndikuriyo v. Burundi
- Communication 474/14 Family of the late Jean Claude Ndimumahoro v.
Burundi
- Communication 475/14 Family of the late Médard Ndayishimiye v. Burundi
- Communication 587/15 Radio Publique Africaine (represented by Maître
Lambert Nigarura) v. Burundi
- Communication 607/16 Family of the late Juvénal Habyarimana v. Burundi
- Communication 636/16 IHRDA and Others v. Burundi
-
Amicable settlement
Communication 76/92 Amnesty International v. Republic of Burundi
-
Inadmissible
Communication 26/89 Austrian Committee against Torture v. Republic of
Burundi
Communication 643/16 Shabani Bin Mkosa family (represented by the NGO
Via-Volonté) v. Burundi
Communication 775/21 François NDAYIZEYE and X v. Burundi
-
Withdrawal of merits
Communication 642/2016 Maison Shalom Burundi v. Republic of Burundi
-
-
Removed from the roll
Communication 613/16 Femi Falana v. Burundi
Communication 723/19 Nimboma Tharcisse (represented by Ntiburumunsi
Jean-Claude and Ntiranyuhura Divine) v. Republic of Burundi
Communication 728/19 Ntahoturi Idelfonse v. Burundi
b) Communications at the merits stage
- Communication 399/11 Minority Rights Group International and UNIPROBA
(on behalf of the Bahakwaninda family) v. Republic of Burundi
- Communication 529/15, 22 Members of Parliament v. Republic of Burundi
- Communication 608/16 Family of the late Oscar Nibitangza v. Burundi
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Communication 638/16 TRIAL v. Republic of Burundi Communication 714/19
Alexis Sebahene v. Republic of Burundi
Communication 714/19 Alexis Sebahene v. Burundi
Communication 717/19 M. Pie Sinzinkayo v. Republic of Burundi
Communication 733/19 Ndayirukiye Cyrille (represented by Bernard Maingain
and Armel Nyongere) v. Republic of Burundi
Communication 765/21 Barankitse Marguerite and 11 other human rights
defenders in exile v. Republic of Burundi
Communication 800/22 Placide Muganga (represented by lawyers Armel
Niyongere, Jean Claude Ntiburumunsi and Divine Ntiranyuhura) v. Republic of
Burundi.
c) Communications at the admissibility stage
- Communication 371/09 Emmanuel Niyonzima v. Republic of Burundi
- Communication 681/17 Family of the late Dieudonné Ntiburumusi
(represented by Trial International) v. Republic of Burundi
- Communication 683/17 Family of the late Hermès Nduwingoma (represented
by Trial International) v. Republic of Burundi
- Communication 749/21 M. Kabwa Charles v. Burundi
- Communication 769/21 Bernard Busokoza v. Republic of Burundi
- Communication 756/21 NZOMUKUND Guy Fleury v. Burundi
- Communication 805/22 Nsengiyumva Théodore, Manirakiza Philippe and
Nduwimana Philibert v. Republic of Burundi
d) Communication at the admission stage
- Communication 871/25 Collectif des victimes du génocide de 1972 v.
Burundi
E. COUNTRY PROFILE.
8. The Republic of Burundi is an Central African country located in the Great Lakes region.
It is bordered to the west by the Democratic Republic of the Congo, to the north by
Rwanda and to the east and south by Tanzania. Gitega has been the political capital
since 4 February 2019, while Bujumbura, the former political and economic capital
and the country's most populous city, remains the economic capital. Ethnic groups in
the country include the Tutsi (15%), the Hutu (85%), and the Twa (1%).
9. Burundi is a multi-party republic with a presidential system, whereby the President of
the Republic is Head of State and the Prime Minister is Head of Government. Executive
power lies with the government, while legislative power is shared between the
government and the two chambers of parliament: the Senate and the National
Assembly.
10. The National Assembly has 121 seats, divided into 17 constituencies. Of these, 100
are elected by direct universal suffrage. Of those elected, 60% must be from the Hutu
group, 40% from the Tutsi group, and at least 30% must be women. If these quotas are
not met, additional members are co-opted as necessary. Three additional seats are
reserved for Twa members, who are also co-opted.
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11. The Senate comprises two members per province: one Hutu and one Tutsi. They are
elected by the communal councils. It also includes three members of the Twa ethnic
group and former heads of State. At least 30% of members must be women. If
necessary, co-option may be used to meet these quotas.
12. The electoral systems adopted for the National Assembly and the Senate are explicitly
designed to encourage the formation of multi-ethnic political parties and to prevent the
tribalisation of Burundian politics.
13. Burundi is divided into 18 provinces, 119 communes and 2,638 or 2,639 hills.
Burundi's provinces and communes were created on 25 December 1959 by a Belgian
colonial decree. In July 2022, the government of Burundi proposed reducing the
number of provinces to 5 and communes to 42. This is in response to the East African
Community's demands for territorial uniformity. However, this centralising project must
first be adopted by Burundi's parliament.
14. The current provinces are Bubanza, Rural Bujumbura, Bururi, Cankuzo, Cibitoke,
Gitega, Karuzi, Kayanza, Kirundo, Makamba, Muramvya, Muyinga, Mwaro, Ngozi,
Rumonge, Rutana and Ruyigi.
15. Regarding the judicial system, Article 241 of Burundi's fundamental law stipulates that
the judiciary is impartial and independent of the Legislature and the Executive. The hill
courts (Intahe yo ku mugina) are Burundi's lowest court. Their decisions are based on
customary justice, handed down by the traditional notables of the Bashingantahe.
Although communal law only recognises their right to reconcile parties, they continue
to play a very important social role.
16. There are 127 Tribunaux de Résidence in total, with one or two in each commune. They
hear civil cases not exceeding 1,000,000 Burundi francs and criminal cases not
exceeding two years' imprisonment. There are also 18 tribunaux de grande instance
(high courts, with one in each province). There are also three courts of appeal in
Bujumbura, Gitega and Ngozi. The Supreme Court is the country's highest ordinary
court. It ensures that the law is applied consistently throughout Burundi. Its members
are appointed by the President of the Republic, based on recommendations from the
High Council of the Judiciary, and with the approval of the Senate. It is based in
Bujumbura.
17. The Constitutional Court reviews the constitutionality of laws and interprets the
Constitution. It comprises seven members. Finally, the High Court of Justice comprises
members of both the Supreme Court and the Constitutional Court. It is the only court
with jurisdiction to try the President of the Republic for high treason, and the President
of the National Assembly and the Vice-Presidents of the Republic for crimes committed
in the exercise of their office.
18. The following texts are not yet ratified by Burundi, : the Protocol to the African Charter
on Human and Peoples' Rights on the Rights of Women; the Protocol of the Court of
Justice of the African Union; the Protocol on the Statute of the African Court of Justice
and Human Rights; the Protocol amending the aforementioned Protocol; the African
Union Convention for the Protection and Assistance of Internally Displaced Persons in
Africa (the Kampala Convention); the Protocol to the Treaty establishing the African
Economic Community on the Free Movement of Persons, the Right of Residence and
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the Right of Establishment; and the aforementioned Protocol on the Rights of Citizens
to Social Protection and Social Security.
F. METHODOLOGY
19. During the mission, the delegation met with various State and non-State actors
involved in promoting and protecting human and peoples' rights in Burundi (see
Appendix 1).
These include :
- The Ministry of Foreign Affairs and Development Cooperation ;
- The Ministry of the Civil Service, Labour and Employment;
- The Ministry of National Solidarity, Social Affairs, Human Rights and Gender;
- The Supreme Court ;
- The Constitutional Court;
- The Public Prosecutor's Office;
- The Mediator of the Republic;
- The Independent National Commission for Human Rights;
- The National Office for the Protection of Refugees and Stateless Persons (ONPRA),
- The Inspectorate General of Police;
- The Bujumbura Bar Association, and
- Representatives of civil society organisations working in Burundi.
20. The delegation also visited Bubanza Prison, one of Burundi's 11 prisons, and
concluded the visit with a press conference.
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IV.
FINDINGS
21. The delegation began its mission with a courtesy visit to the Ministry of Foreign Affairs
and Development Cooperation. They were also received by the Minister of the Civil
Service and the Permanent Secretary of the Ministry of National Solidarity, Social
Affairs, Human Rights and Gender.
22. The delegation held discussions and working sessions with various state actors at
ministerial level, as well as with organisations and non-governmental bodies working
in this area. This was done to ensure that the Burundian authorities take into account
the obligations contained in the Charter. The delegation also met with the President of
the Constitutional Court, the President of the Supreme Court, the Prosecutor General
of the Supreme Court, the Director General of the Police, the Ombudsman Institution,
the Independent National Commission for Human Rights, the National Office for the
Protection of Refugees and Stateless Persons, the President of the Bujumbura Bar
Association, and representatives of civil society organisations.
23. The delegation held a working session with technical experts from various ministries
to discuss issues relevant to the implementation of the rights contained in the African
Charter, and visited Bubanza prison. They also held an open information session for
students at the Faculty of Law at the University of Burundi, attended by the Dean of the
Faculty of Law representing the Rector, who was on a mission.
24. Progress was achieved through the President of the Republic's personal commitment
to human rights issues, the existence of an effective legal framework for human rights
protection in Burundi — in particular, the direct incorporation of all ratified Conventions
into the national legal order (Article 19 of the Constitution) — and the dynamism of the
Constitutional Court, which examined human rights violation cases prior to the
promulgation of the 30 December 2024 law. Further progress was made in the form
of the Ombudsman's willingness to collaborate with the ACHPR in protecting and
promoting human rights, police training in human rights and international
humanitarian law, comprehensive judicial mapping, free healthcare for pregnant
women and children under five, efforts to combat statelessness (e.g. the case of the
Omanis) and the implementation of a universal medical coverage strategy.
25. Various ministries have also developed programmes incorporating a human rightsbased approach. These include the creation of an agricultural bank, a youth bank, and
a women's bank with the aim of empowering women.
26. Burundi has also taken in a large number of refugees from the Democratic Republic of
Congo.
27. Legislatively, Burundi is committed to ratifying outstanding texts and submitting its
combined periodic reports to the African Commission on Human and Peoples' Rights
this quarter.
28. Nevertheless, the persistence of several challenges impedes the effective protection
of human rights. These include dilapidated prisons, inadequate prisoner meals,
overcrowding, prolonged pre-trial detention, seven-day police custody, failure to
separate convicted and remand prisoners, as well as military and civilian detainees.
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Other issues include the absence of a doctor and a ward at the prison infirmary, and
the lack of an education and leisure programme.
29. The government is also struggling to provide adequate care for refugees due to a lack
of resources, as well as the inability of humanitarian organisations to provide sufficient
assistance due to budget restrictions.
A. ADMINISTRATION OF JUSTICE AND CORRECTIONAL SERVICES
1) Administration of Justice
30. The judicial system comprises the Tribunaux de collines (Intahe yo ku mugina),
Burundi's lowest courts; the Tribunaux de résidence, with one or two courts per
commune; the Tribunaux de grande instance, with one court per province; the Courts
of Appeal, with three courts in Bujumbura, Gitega and Ngozi; and the Supreme Court,
the country's highest ordinary court, which guarantees the uniform application of the
law in Burundi. Members of the Supreme Court are appointed by the President of the
Republic on the advice of the Conseil Supérieur de la Magistrature and with the
approval of the Senate. The Supreme Court is based in Bujumbura. It comprises three
chambers, collectively known as the 'combined chambers': the Judicial Chamber, the
Administrative Chamber, and the Cassation Chamber. The Judicial Chamber is
subdivided into two sections: a first instance section and an appeal section. The
national prosecutor's office is attached to the latter.
31. Burundi has a Constitutional Court which reviews the constitutionality of laws and
interprets the Constitution. It comprises seven members. Finally, there is the High Court
of Justice, consisting of members of the Supreme Court and the Constitutional Court.
The High Court of Justice has jurisdiction to try the President of the Republic for high
treason and the President of the National Assembly, as well as the Vice-Presidents of
the Republic, for crimes committed in the exercise of their office.
32. It should be noted that the Constitutional Court is not part of the judicial system. As a
court in its own right, it can exercise control over everything and its rulings apply to
everyone without exception. This means that the President cannot promulgate a law
without prior authorisation from the Constitutional Court. The Constitutional Court is
also a human rights court by virtue of Article 19 of the Constitution, which states that
all duly ratified texts and conventions form part of the Constitution. However, human
rights litigation was not well developed as referrals to the Court were not clarified until
Organic Law No. 1/28 was adopted on 30 December 2024, amending Organic Law No.
1/20. This law enables individuals to refer human rights issues to the Constitutional
Court.
33. Nevertheless, the delegation was informed that some lawyers had referred human
rights issues to the Court prior to the adoption of the new law, although the percentage
of cases received to date is still low. It is hoped that this trend will change with the
adoption of the new procedural law.
34. Those involved in the judicial system are working to promote and protect human rights,
ensuring justice is served without discrimination and restoring confidence in the
system. Particular attention is being paid to the work of magistrates to ensure they
carry out their duties properly and avoid errors in the administration of justice.
15 | P a g e
35. Founded in 1951, the Bujumbura Bar, is one of two bars in Burundi, alongside the
Gitega Bar, which was established 15 years ago. Each bar has 900 lawyers, making a
total of 1,800 throughout the country. By law, each lawyer must provide pro bono
assistance to at least one impoverished person per year. UN Women also runs a legal
assistance programme dedicated to impoverished women.
36. The Bar with the Independent National Human Rights Commission (CNDH) to support
vulnerable groups. The Bar played a pivotal role in assisting refugees from the DRC,
especially lawyers who had been targeted by rebel groups and required immediate
assistance to leave the country.
37. The Bar organises legal clinics in prisons and campaigns for improvements to prison
conditions and the immediate release of individuals held illegally. Indeed, it has been
reported that some individuals - particularly political prisoners- who should have been
released because they had served their sentence or had been pardoned were still in
prison.
38. Finally, the Bar Association admitted that it had not played a significant role in
defending human rights. The President of the Bar also acknowledged that lawyers
receive no training in human rights, despite the existence of a Master's degree in this
field at university.
2) Prisons and conditions of detention
39. The delegation was able to visit Bubanza prison, one of Burundi’s 11 prisons1. It holds
322 prisoners, including 22 women and four children aged between 0 and 5. Children
should normally leave prison when they turn three, but finding them a placement when
their families cannot compensate for their mothers' absence can be difficult, meaning
some remain in prison after their third birthday.. This has a negative impact on the
children, particularly with regard to their education, as there are no educational
facilities within the prison. Sixteen of the 22 women had already been sentenced, while
the remaining six were awaiting trial. Of the 300 men, 182 had been sentenced, while
118 were awaiting trial.
40. As in most prisons on the continent, overcrowding remains a major concern. This has
repercussions for the safety and health of prisoners, as well as for prison management,
which hinders the reintegration of prisoners. Mpimba prison, for example, was
designed to hold 800 prisoners, but it currently holds 5,037. Similarly, Gitega prison,
which has a capacity of 400, currently holds 1,640 prisoners. Ngozi prison, built for
400 inmates, now holds 1,771.
41. Prisoners' living conditions are further worsened by the poor state of the prison
infrastructure. Most of the country's prisons date from the colonial era. Gitega prison,
for instance, was constructed in 1926, while Mpimba prison was built in 1948. The
Ngozi men's prison is the only prison built since Burundi gained independence, having
been constructed in 1986. These dilapidated buildings no longer meet modern
The prisons in question are Muramvya, Mpimba, Gitega, Rumonge, Bururi, Muyinga, Rutana, Ruyigi,
Bubanza, Ngozi (men) and Ngozi (women).
1
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standards. This compromises both prison conditions and the dignity of prisoners.
Furthermore, there is only one women's prison compared to ten men's prisons with
women's sections.
42. Besides, ex-prisoners face strong stigmatisation in society, and the socio-economic
impact of imprisonment makes reintegration extremely difficult. This was particularly
detrimental for women, who also have to contend with tradition and culture.
43. In addition to overcrowding in prisons, a large number of prisoners are detained for
extended periods without ever appearing in court. For example, Mpimba prison has
3,575 prisoners awaiting trial, while Ngozi Men's Prison has 579.2 Nevertheless, time
spent in pre-trial detention is taken into account when sentencing is handed down.
However, the length of police custody (seven days, renewable) needs to be reduced.
The delegation noted with satisfaction the provision of legal assistance for sentences
of 20 years or more.
44. The delegation welcomes the prison decongestion plan, which will be launched in
November 2024 with the release of 477 prisoners from Muramvya prison. It is
expected that 5,442 prisoners, out of a total of 13,211, will be pardoned throughout
the country.
45. Presidential pardons were granted to individuals who had committed minor offences
and had already served a quarter of their sentence, as well as to vulnerable individuals
such as pregnant or breastfeeding women, children with physical or mental disabilities,
prisoners with chronically illnesses and the elderly. Pardons were also granted to
prisoners who had completed their main sentence but were still being detained.
46. However, due to administrative delays, many of those pardoned have not yet been
released, including some who have already completed their sentence but remain in
prison.
47. While the presence of an infirmary staffed by nurses is beneficial for prisoners, their
diet could be improved, particularly that of children incarcerated with their mothers.
Families try to make up for shortages by bringing in food, and prisoners are permitted
to run small businesses, using the money they earn to improve their conditions of
detention.
48. Apart from basket-making, prisoners do not benefit from any vocational training. There
is also an urgent need to introduce other vocational training and literacy programmes,
as well as the possibility of taking State examinations, in order to facilitate the
reintegration of young prisoners as effectively as possible.
B. INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS
49. The delegation welcomed the establishment of all the independent constitutional
bodies provided for by the Constitution to complement the action of the legislative,
2 The report on the field visits by members of the National Assembly's Standing Committee on Justice and
Human Rights was presented at a plenary session on 5 June 2024. https://www.iwacu-burundi.org/justiceprisons-burundaises-une-surpopulation-dramatique/
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executive and judicial powers, had been established. These include the following
institutions:
50. The Independent National Commission on Human Rights3 is responsible for protecting
and defending human rights, as well as providing advice to national and international
institutions. The CNIDH has quasi-judicial powers under the law, enabling it to refer
cases of human rights violations to the Public Prosecutor's Office. The CNIDH also
assesses the government's implementation of previously issued recommendations to
help it comply with its commitments under various agendas, such as Burundi Vision
2040/2060, the African Union’s Agenda 2063 and the United Nations’ Agenda 2030.
51. In 2024, the CNIDH received a total of 739 complaints, of which 527 were declared
admissible and 212 inadmissible. Of these, 580 were closed and 159 are still pending.
Reported violations ranged from violations of the right to life, physical and/or mental
integrity and personal liberty and security of the person to violations of the right to
access justice and a fair trial. Social, economic and cultural rights including the right
to education, access to healthcare, decent living conditions, property and work were
also violated.
52. Referrals are made in the form of declarations, either orally or in writing, or by
telephone. The CNIDH refers cases to itself on the basis of information gathered on
social networks, and publishes reports on human rights violations once they have been
verified.
53. In June, the Global Alliance for National Human Rights Institutions (GANHRI)
recommended downgrading the CNIDH's status from A to B due to its failure to
independently monitor and report on politically sensitive cases.
54. The Ombudsman Institution: Its main mission is to mediate between the administration
and citizens. It also examines complaints and conducts investigations into
mismanagement and human rights violations committed by civil servants, the judiciary,
local authorities, public establishments, and individuals entrusted with a public service
mission. It also mediates between the administration and citizens. At the request of
the President of the Republic, the Ombudsman Institution may also participate in
conciliation proceedings between the public administration and social and
professional organisations. However, disputes relating to employment relations
between the administrations referred to in point 1 and their civil servants or other
agents may not be referred to the ombudsman.
55. At the request of the President of the Republic, the Ombudsman carries out special
rapprochement and reconciliation missions relating to general matters concerning
relations with political and social forces. The Ombudsman also carries out special
reconciliation and peace missions at a regional or international level, and observes the
functioning of the Public Administration.
56. The Ombudsman received over 6,930 complaints from citizens, of which 878 were
received by the institution and 1,286 were deemed admissible. Currently, 502 cases
have been closed and 784 are under investigation.
3 Created by Law N 1/04 of 05 January 2011, establishing the Independent National Commission on
Human Rights (CNIDH).
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C. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
1) Unemployment and poverty
57. The delegation noted that, already Burundi has experienced a slight decrease in
poverty, the level of inequality has increased. Burundians face shortages of fuel and
water, as well as power cuts, which impact the provision of essential public services
such as healthcare and education.
58. Almost 91% of the population is covered by social security through two funds: one
public and one for the informal sector. However, the social security fund is in deficit.
59. Burundi has a pension fund operating on a solidarity-based system, but this is
becoming increasingly difficult to maintain due to the ageing population.
60. Various partners have developed informal mechanisms to provide women with access
to community credit, helping them and young people to become economically
independent. A national programme to strengthen women's economic capacity has
been implemented for the period 2027–2029. The programme's main objective is to
improve women's access to resources. The Women's Investment and Development
Bank (BIDF) was established in March 2022 with share capital of 10 billion Burundi
francs (USD 3,354,520).
61. Loans for young people have also been set up to encourage entrepreneurship.
2) The right to education
62. Burundi has embarked on a qualitative transformation of basic and pre-school
education, supported by around USD 98 million in international funding from AFD,
UNESCO and UNICEF. Despite the persistent poverty challenges, the focus remains on
providing free primary education, improving learning conditions, and the inclusion of
vulnerable children.
63. To this end, reforms have been implemented, including the adoption of Decree No.
100/38 in 2016 on the missions, organisation and functioning of the Ministry of
Education, Higher Education and Scientific Research. This decree established the
Inclusive Education Unit. Decree No. 100/90, issued on 28 October 2020, established
the Inclusive Education Office as one of the specialised offices reporting directly to the
Minister of Education.
64. Since 2010, the Ministry of Education has taken several steps towards effectively
implementing inclusive education. These include signing memoranda of understanding
with the NGO Handicap International; providing Braille and sign language training for
teachers; transcribing school textbooks into Braille; and providing teaching materials
adapted for persons with disabilities. With the support of Handicap International,
dormitories and sanitary facilities have been provided. Pilot schools and a reference
centre for inclusive education have been set up in the town of Kigobe.
65. Nevertheless, there are still challenges, such as a lack of materials adapted to each
type of disability and lack of awareness of inclusive education among the population,
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coupled with beliefs and taboos that lead some parents to hide their children.
Moreover, there is an insufficiency of financial resources to meet the needs of children
with disabilities, and the pilot schools are not being suitably monitored or evaluated.
66. Primary education is free and compulsory. Measures to provide free basic education
and school kits for pupils from poor families are still in place, and many other measures
have been implemented to make education more accessible for all children. There has
also been an increase in the promotion of schooling for girls, and success rates are
rising with the aim of reducing early marriage and illiteracy.
67. Nevertheless, impediments endure, most notably a scarcity of pedagogical resources
and facilities, which has a disproportionate impact on displaced or vulnerable children.
Another challenge is the gradual departure of teaching staff due to low pay and poor
working conditions. This has led to many teachers leaving the profession, which
jeopardises the continuity of education. Consequently, classrooms are overcrowded,
lessons are irregular and teaching quality is declining.
68. The number of dropouts is also a cause for concern. Despite the announced efforts,
many children still leave school before completing their studies. The main causes
identified are household poverty, lack of school supplies, early pregnancy and certain
family constraints. These dropouts represent a permanent loss. The affected children
are left without qualifications or support, and are exposed to insecurity and exclusion.
3) Right to health and access to healthcare, HIV/AIDS
69. Burundi's health system is facing major challenges, including a high incidence of
malaria (over 5.3 million cases) and a humanitarian crisis exacerbated by the influx of
refugees. This requires increased international support. Shortages undermine free
healthcare for vulnerable groups, while epidemics such as cholera and Mpox persist.
70. The arrival of over 71,000 Congolese refugees since January 2025 has intensified the
need for health, nutrition, and water and sanitation assistance, prompting the United
Nations to launch a $9.2 million appeal.
71. Although there is a policy of free healthcare for pregnant women and children under
five, shortages of medicines and equipment, as well as financial difficulties for
healthcare facilities, are compromising the quality of care.
72. However, efforts are underway to build the capacity of community health workers. The
Ministry is also developing an innovative communication strategy for the period 2026–
2030 with the support of partners.
73. Regarding HIV/AIDS, Burundi has had a National Strategic Plan to combat AIDS since
2018, in order to respond adequately to the pandemic.
4. Right to work
74. There are just over 150,000 civil servants, with salaries ranging from BIF 200,000
(USD 67) to BIF 1,809,263 (USD 609). Those in positions of responsibility in public
administration earn more on average. In the health sector, salaries range from BIF
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239,613 (USD 80) to BIF 405,806 (USD 136). These salaries do not provide sufficient
income to cope with the high cost of living.
75. Various partners have developed informal mechanisms for accessing community
credit, particularly for women. However, this type of initiative would benefit from being
extended to the entire population. Workers in Burundi are predominantly employed in
the informal sector. Purchasing power is low due to the high cost of living and the
inadequate minimum wage.
76. The majority of the workforce is employed in the informal sector and lacks adequate
social protection. The formal private sector is dominated by micro and small
enterprises.
77. Unemployment is higher in urban areas, particularly among university graduates.
78. Job insecurity is widespread, with significant discrepancies between legal
requirements and reality, all within a challenging economic context.
D. FREEDOM OF EXPRESSION, PROTECTION OF JOURNALISTS AND ACCESS TO
INFORMATION
79. Freedom of expression is guaranteed by Law No. 1/19 of 14 September 2019, which
amends Law No. 1/15 of 9 May 2015 and regulates the press and media in Burundi.
Additionally, the National Policy for the Development of Technologies and
Communication (2020–2025), aims to promote new communication and information
techniques.
80. Private media outlets that were suspended in 2015 for failing to comply with ethical
rules have reopened. Currently, 239 public and private media outlets (including both
local and international outlets) are operating in the country, with 1,218 journalists
listed on the national media register.
81. Although the press law was revised in July 2024 to abolish custodial sentences for
certain offences, the practical application is still repressive and freedom of expression
in Burundi is severely restricted.
82. Journalists, human rights defenders, and members of the opposition have been
arrested, intimidated, and convicted, which has drastically limited public debate.
83. Two cases of detained journalists were reported: that of blogger Kenny Claude
Nduwimana, who was sentenced to eight months in prison on 26 August 2024 after
spending ten months in pre-trial detention. In December 2024, a certificate of no
appeal was issued, stating that the case was closed and that he should be released.
However, on 21 January 2025, the public prosecutor lodged an appeal well after the
legal deadline of 90 days. To this day, the journalist remains in detention.
84. The second case concerns Sandra Muhoza, a journalist who was arrested in Ngozi on
13 March 2024 while preparing to interview a businessman who is alleged to have
links with Burundi's ruling party, the National Council for the Defence of Democracy –
Forces for the Defence of Democracy (CNDD-FDD), as well as with the National
Intelligence Service (SNR). Ms Muhoza is also accused of sharing information in a
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private WhatsApp group for Burundian journalists, claiming that the CNDD-FDD was
distributing machetes to members of its youth league, the 'Imbonerakure'. Ms Muhoza
is still in detention and her health is reportedly deteriorating.
E- FREEDOM OF ASSOCIATION AND ASSEMBLY
85. Article 32 of the 2018 Constitution guarantees freedom of association, and there is
also a law governing non-profit associations (ASBL).
86. Although thousands of associations are active, it appears that their operation remains
under strict legislative control. Prior authorisation and tighter administrative control
are required for public events and meetings.
87. However, despite these restrictions, the Independent National Commission on Human
Rights reports that political parties meet through their National Forum and organise
moralisation sessions to promote these rights.
88. Nevertheless, there are still concerns that human rights defenders may be subjected
to surveillance and intimidation.
F- WOMEN'S RIGHTS
1) Politics
89. Women's political participation in Burundi is governed by a constitution that imposes a
30% quota. Their representation in parliament exceeds this threshold, standing at
around 36–41%. In parliament, women hold 38.74% of seats (111 members),
confirming stability above the quota. In the Senate, women represent 46.15% (13
members), approaching parity. Around 33% of ministers in the executive branch are
women.
90. Although Burundi has made significant progress in terms of numbers thanks to the
constitutional quota, achieving "real parity" will require a profound transformation of
attitudes and a strengthening of women's leadership capabilities. Despite this
progress, under-representation persists at local levels (8–19% in councils) and in
higher decision-making positions. Patriarchal norms and socio-cultural limitations
hinder their full involvement. For example, only 20% of provincial governors are
women, and few local council chiefs are female (8%), despite progress at this level
(19%).
91. One reason for this is the weight of customs and traditional gender roles, such as
motherhood and household management, which continue to hinder women's political
participation. Economic challenges limit women's autonomy, preventing them from
escaping societal constraints and playing a greater role in decision-making bodies.
2) Violence against women
92. Burundi has ratified international anti-discrimination conventions on gender equality.
In 2016, it adopted a law on gender-based violence (GBV), which was a significant
advancement. However, it is deemed insufficient in meeting international standards,
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particularly with regard to the definition of consent. GBV remains a critical problem in
Burundi, with a surge in sexual violence affecting primarily women and children (70%
of cases) in 2025. The situation is exacerbated by domestic violence, which is often
taboo, and persistent impunity. Despite the 2016 law being in place, it needs to be
strengthened.
93. Sexual violence is often accompanied by physical, psychological and economic abuse.
Domestic violence is widespread and is often considered a private matter, which
makes it difficult to report.
94. Nevertheless, efforts are being made to support women who are victims of violence.
The HUMURA centre and Midwifery Association of Africa (MAA) are providing this
support. Burundi has also established a dialogue mechanism organised by the
National Women's Forum (FNF) and other associations working to combat genderbased violence (GBV). A social standards assessment was carried out in Burundi in
2022, and a department to combat sexual and gender-based violence (SGBV) has
been existed since 2021. In addition to the HUMURA centre in Gitega, the government
has established four other centres for the integrated management of SGBV between
2017 and 2022.
95. However, access to care remains limited in some regions. Social stigma, fear of
rejection and a lack of trained professionals also hinder progress in combating violence
against women.
96. Efforts to raise awareness and strengthen legislation are crucial to better protecting
victims and reducing violence against women.
3) Empowering women
97. Key initiatives in this regard include providing vocational training and access to
microcredits via the Banque d'Investissement et de Développement pour les Femmes
du Burundi (BIDF), establishing 'Nawe Nuze' savings groups and supporting agricultural
cooperatives, all of which promote entrepreneurship.
98. In 2018, the Ministry responsible for gender, in collaboration with its development
partners, established a National Programme to Strengthen Women's Economic
Capacities for the period 2019–2027. The programme's primary objective is to
enhance women's access to resources. The BIDF was created for this purpose and has
been operational since March 2022, with share capital totalling ten billion Burundi
francs.
G- RIGHTS OF PERSONS WITH DISABILITIES
99. Notable progress has been made with regard to the rights of persons with disabilities.
For example, in 2025, Burundi strengthened the inclusion of persons with disabilities
by focusing on accessibility, economic empowerment and political participation under
the theme 'Fostering inclusive societies for persons with disabilities to stimulate social
progress'.
100. In terms of legislation, Law No. 1/03 of 10 January 2018 was passed to promote
and protect the rights of persons with disabilities in Burundi, as well as Decree No.
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100/125 of 9 August 2019, which established the National Committee for the Rights
of Persons with disabilities, defining its mission, composition and functioning. Burundi
also ratified the Protocol to the African Charter on Human and Peoples' Rights on the
Rights of Persons with disabilities on 28 April 2022. An important step in promoting
the right to education of children with disabilities was the establishment of a
department responsible for inclusive education within the Ministry of National
Education and Scientific Research, preceded by the development of a national policy
on the rights of persons with disabilities and its 2020–2024 action plan.
101. Nevertheless, challenges still remain: physical accessibility standards are not
always respected in new buildings and increased budgets are needed to implement
the various action plans. Lastly, the regulations for the 2018 law must be effectively
implemented and persons with disabilities must be integrated into all phases of
development projects affecting them.
H- ASYLUM SEEKERS, REFUGEES, STATELESS PERSONS AND MIGRANTS
1) Refugees
102. Burundi is facing a massive influx of asylum seekers from the Democratic Republic
of Congo (DRC), with more than 70,000 people having arrived since January, fleeing
conflict in South Kivu — particularly from Goma, Uvira, and Bukavu. The government
has granted prima facie refugee status to these new arrivals.
103. According to the Office National des Réfugiés (National Refugee Office), there are
currently 150,000 refugees in the camps4, almost 32,000 of whom are urban refugees
in Bujumbura, including self-sufficient individuals.
104. Most of the refugees living in camps are housed in the five main camps in the
country: Kinama (7,094 people), Musasa (8,532 people), Bwagiriza (9,262 people)
and Kabumu (18,732 people). There are also smaller sites hosting refugees, such as
the Musenyi site, which is home to 1,627 people. Two transit centres for asylum
seekers have also been established: Cishelere (housing 770 people) and Makombe
(housing 1,144 people).
105. Finally, approximately 31,426 refugees live in the municipality of Bujumbura and
the surrounding area, outside the camps. Burundi is offering refugees who are willing
and able to do so the option of living outside the camps and providing for themselves.
Burundi experienced a massive influx of refugees in February 2025, when fighting
resumed in the Democratic Republic of Congo.
106. The influx of refugees fleeing the DRC was considerable. While the census was still
in progress, nearly 25,000 asylum seekers had already been registered at a single
reception and transit centre by February 2025. The figures were therefore not
definitive. The Office noted that Burundian returnees were also among the refugees.
107. Caring for the refugees was a real challenge as humanitarian partners were no
longer able to adequately support the government due to various budget restrictions.
4
According to information received at the time of the mission
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108. In addition to the DRC refugees, there were also Burundian refugees and asylum
seekers who had returned home.
109. There have been reports of the intimidation, extortion and arbitrary arrest of some
Burundian refugees who returned home. The Human Rights Committee has called on
the public authorities to ensure the safe and dignified reintegration of returnees, and
to investigate any violations committed against them.
2) Stateless people
110. Burundi is home to a community of around 1,200 people of Omani origin, primarily
located in Rumonge. They are the descendants of traders who arrived in the 19th
century via Zanzibar.
111. These people are currently stateless, as neither the Sultanate of Oman nor Burundi
recognises them. The UNHCR and the Burundian government are working to resolve
this issue. Although they claim to be Omani, the Sultanate is reluctant to grant them
citizenship. Consequently, they do not have Burundian nationality, leaving them in a
state of de facto statelessness. Some members of the community have been granted
temporary residence permits.
112. According to the National Office for the Protection of Refugees and Stateless
Persons (ONAPRA), Burundian nationality has been offered to them, but they have
reportedly declined.
I- INDIGENOUS POPULATIONS
113. Significant efforts have been made to include the Batwa population, particularly in
education. For instance, in 2022, the government introduced a measure to admit all
Batwa pupils who passed the national competitive examination to boarding schools,
with the State paying for their education.
114. Other measures include providing disadvantaged Batwa families and children with
free healthcare, distributing land to the Batwa to improve their living conditions and
including them among the beneficiaries of the social safety net support project. A
national strategy for the socio-economic inclusion of the Batwa has also been adopted
for the period 2022–2027.
115. In terms of political rights, Organic Law No. 01/12 of 5 June 2024 (amending the
Electoral Code) stipulates that the Independent National Electoral Commission (CENI)
shall co-opt three Batwa members to the National Assembly and three senators. At the
local level, Article 185 of the Electoral Code allows for the co-option of a Batwa member
to communal councils. However, these co-opted representatives are perceived as
being out of touch with the real needs of grassroots communities.
116. While the legal advances in co-option are commendable, the prospect of influential
political participation by the Batwa remains distant. Indeed, the Batwa continue to face
persistent discrimination characterised by social and economic marginalisation and
contempt, hindering their political involvement.
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117. Furthermore, despite the State's efforts regarding birth registration and the
issuance of identity documents for the Batwa, these issues still hinder their ability to
participate fully in the electoral process.
118. Access to land remains a crucial issue, despite the State's efforts in this area.
V.
RECOMMENDATIONS
119. The above concerns indicate that Burundi continues to face challenges in
promoting and protecting human rights within the country. As a State Party to the
African Charter and other international human rights instruments, Burundi has the
obligation to respect and implement these instruments, and these recommendations
take this obligation into account. These recommendations are based on this obligation
and take into account some of the commitments made by various stakeholders during
the mission.
120. In light of the delegation's findings, the Commission invites the Government of
Burundi to adopt and implement the following recommendations to guarantee the
promotion and protection of human rights:
A. GENERAL
-
Restructure and improve its capacity to implement laws and policies, particularly
by strengthening accountability and governance measures and tackling
corruption;
Implement the ratified treaties and conventions, and take the necessary steps to
ratify those that have not yet been ratified, namely:
At universal level: the 1954 Convention relating to the Status of Stateless Persons
and the 1961 Convention on the Reduction of Statelessness.
At regional level: the African Union Convention for the Protection and Assistance
of Internally Displaced Persons in Africa (Kampala Convention), the African Union
Convention on the Elimination of Violence against Women and Girls, the African
Charter on Democracy, Elections and Governance, the Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Women, the Protocol to
the African Charter on Human and Peoples' Rights on Specific Aspects of the Right
to a Nationality and the Elimination of Statelessness in Africa, the Protocol of the
Court of Justice of the African Union, the Protocol on the Statute of the African
Court of Justice and Human Rights and the Protocol to the Treaty establishing the
African Economic Community on the Free Movement of Persons, the Right of
Residence and the Right of Establishment.
1) Administration of Justice
- Disseminate Organic Law N°1/28 of 30 December 2024 amending Organic Law
N°1/20 of 3 August 2019, on the organisation and functioning of the Constitutional
Court, to facilitate referrals on human rights issues;
- Implement material and human resources to reduce the length of criminal trials,
particularly the waiting time before judgment;
- Consider applying alternative sentences, other than detention, to relieve prison
overcrowding;
- Take concrete measures to ensure the effective release of those who have
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-
completed their sentences and those who have been granted presidential pardon;
The Bar should be more involved in defending human rights and organise human
rights training for its members;
Encourage the creation of listening and re-education centres where released
prisoners can receive advice on reintegrating into society.
2) Prisons and detention conditions
- Tackle the problem of prison overcrowding by reducing pre-trial detention periods
and building additional facilities, where necessary;
- Take steps to build new prisons, including women's prisons, and renovate existing
ones;
- Ensure that the types and scope of alternatives to criminal prosecution are
extended to offences that do not cause harm to public interest;
- Introduce alternatives to pre-trial detention, such as release on bail, electronic
surveillance and community service;
- Set up a prison monitoring body;
- Ensure that children over the age of 3 are placed outside prisons, as provided for
by law, in order to guarantee their education and psychological well-being;
- Set up programmes to help prisoners reintegrate into society, such as various
vocational training courses, literacy programmes and the opportunity to take State
examinations;
- Ensure that prison infirmaries have a qualified doctor and the necessary
equipment;
- Improve the quality of food for prisoners.
B- ECONOMIC, SOCIAL AND CULTURAL RIGHTS S
1) Right to work
- Improve youth employment and skills development strategies, and develop
sustainable strategies to promote access to higher education for all those who
qualify;
- Launch a multi-sectoral process involving the relevant public sectors, businesses,
entrepreneurs, local authorities and development stakeholders to ensure the
comprehensive and targeted implementation of existing policies and measures to
combat unemployment and inequality in Burundi;
- Harmonise the training provided with the needs of the labour market and
constantly evolving technologies.
2) Right to education
- Continue the reforms undertaken to raise the standard of education, including
stricter control of public schools, and continue the inclusive school experiment;
- Provide materials adapted to each type of disability;
- Carry out public awareness campaigns on inclusive education to combat taboos and
harmful beliefs that discriminate against disabled children;
- Increase the budget for inclusive education;
- Monitor and evaluate pilot schools regularly and remedy any identified problems as
soon as possible;
- Review the remuneration of education staff and improve their working conditions,
to ensure better pedagogical support for children;
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Find solutions to the problem of school dropouts, particularly by setting up
alternative programmes- including vocational training- to support children who have
dropped out.
3) Right to health and access to healthcare, HIV/AIDS
- Take the necessary measures to comply with the Abuja Declaration requirements
that at least 15% of the national budget should be devoted to health;
- Strengthen the policy of free health care for pregnant women and children under
five, and extend it to the elderly and destitute;
- Take appropriate measures to build the capacity of community health workers.
C- FREEDOM OF EXPRESSION, PROTECTION OF JOURNALISTS AND FREEDOM OF
ASSOCIATION AND ASSEMBLY
-
-
Protect freedom of expression and access to information, ensuring that all relevant
legislation complies with established international and regional standards,
including the 2019 Declaration of Principles on Freedom of Expression and Access
to Information in Africa of the African Commission on Human and Peoples' Rights;
Ensure the effective application of legislation on freedom of expression and
freedom of the press in accordance with the rule of law;
Strengthen the protection of journalists, particularly against reprisals by law
enforcement forces;
Put an end to surveillance and pressure on human rights defenders and journalists.
D- WOMEN'S RIGHTS
1) Policy
- Pursue efforts to ensure women’s representation in local decision-making bodies,
particularly in provincial governorates, hill chiefs' offices and communal councils;
- Carry out awareness-raising campaigns to change mentalities, particularly customs
that confine women to traditional roles such as motherhood and running the
household;
- Continue to empower women so they can free themselves from societal constraints
and play a greater part in decision-making.
2) Violence against women
- Engage with women's groups and others working on gender equality and justice in
Burundi. Hold regular discussions on gender equality and develop a
comprehensive national strategy to address the social, cultural and economic
dimensions of sexual, gender-based and domestic violence. Provide effective
assistance and redress for those affected by this phenomenon;
- Ensure that the national budget reflects the need for adequate funding of services
for women, particularly those affected by sexual, gender-based and domestic
violence. This should include one-stop centres for victims of gender-based
violence, courts for sexual offences and women's refuges;
- Put in place awareness-raising programmes on gender-based violence and
strengthen laws to better protect victims and reduce such violence. This should
include imposing penalties on perpetrators;
- Take measures to combat domestic violence, particularly by ensuring that it is no
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longer a taboo subject;
Set up shelters for victims of gender-based violence, including sexual and
psychological violence.
3) Empowerment of women
- Pursue efforts to empower women and extend support programmes to other
sectors of activity;
- Pursue initiatives to empower women, particularly by providing vocational training,
access to microcredit, savings groups and support for agricultural cooperatives.
E- RIGHTS OF PERSONS WITH DISABILITIES
-
Allocate adequate resources to programmes aimed at including persons with
disabilities;
Ensure that all public places are equipped to improve the comfort and accessibility
for disabled people;
Ensure the inclusion of persons with disabilities in decision-making processes;
Set up programmes to empower persons with disabilities, particularly women;
Raise awareness of the rights of persons with disabilities, including the need for
greater inclusion in education, and for public buildings, transport and housing to
be more accessible;
Integrate persons with disabilities into all phases of development projects
affecting them.
F- ASYLUM SEEKERS, REFUGEES, STATELESS PERSONS AND MIGRANTS
-
Seek solutions with humanitarian partners to provide better care for refugees;
Take measures to protect refugees and asylum seekers against intimidation,
extortion and arbitrary arrest, particularly with regard to certain Burundian refugees
who have returned to the country.
G- INDIGENOUS POPULATIONS
-
Ensure that co-opted representatives are chosen in advance by the Twa community
so that they can effectively represent its interests;
Take measures to eliminate discrimination against the Batwa, particularly social
and economic marginalisation and the social contempt hindering their political
involvement;
Pursue efforts to register births and issue identity papers for the Batwa;
Encourage the Batwa's access to land.
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VI- APPENDICES
PROGRAMME OF THE PROMOTION MISSION TO BURUNDI
18 TO 21 MARCH 2025
Tuesday
Wednesday
Thursday
Friday
18th March 2025
19th March 2025
20th March 2025
21st March 2025
09h00-09h30
Courtesy call on the
Ministry of Foreign
Affairs
09.00am - 10.00am
Meeting with the
Constitutional Court
09:30-11:00 am
Briefing with the
Minister of Solidarity,
Social Affairs, Human
Rights and Gender
10.00am-11.00am
Meeting with the
Supreme Court
11.00am-12.30pm
Meeting with civil
society, trade unions
and media
11.30am-12.30pm
Information session
open to students and
lecturers at the
University of Burundi
15.00-16.00 hrs
Independent
National Human
Rights Commission
of Burundi
13:00-13:30
Meeting with the
Minister of Labour
12.00-13.30 pm
Meeting with the Bar
Association
15h00--17h30
Meeting with
interministerial
departments
4.00 pm - 5.30 pm
Ombudsman
3.00 pm - 4.00 pm
Debriefing with the
Minister for Solidarity,
Social Affairs, Human
and Gender Rights
17h00
Press conference
3.45pm-5.00pm
Meeting with the
Inspector General of
the Burundi National
Police
09h00-12h00
Visit to Bubanza
Prison
09:00-10:00 am
National Assembly
(Human Rights and
Justice Committee)
10.00-11.00am
National Office for the
Protection of Refugees
and Stateless Persons
(ONAPRA)
17h30
Minister of
Education
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