Distr.

GENERAL

HRI/CORE/1/Add.16

16 October 1992

ENGLISH

Original: FRENCH

CORE DOCUMENT FORMING THE INITIAL PART OF STATES PARTY REPORTS

BURUNDI

[8 October 1992]

CONTENTS

Paragraphs Page

I.	Land and people	1 - 6	1

A. The land	1 - 2	1

B. Population	3 - 4	1

C. Ethnic characteristics	5	1

D. Social and economic indicators	6	1

II.	General political structure	7 - 51	3

A. Political history of Burundi	7 - 39	3

B. Type of government	40 - 43	8

C. Organization of the executive, legislative

and judicial organs	44 - 51	9

GE.92-17933 (E)

HRT/CORE/1/Add.16

page ii

CONTENTS (continued)

Paragraphs Page

III.	General legal framework within which

human rights are protected	52 - 72	11

A. Judicial, administrative or other

competent authorities with jurisdiction

affecting human rights	52 - 60	11

B. Remedies available to an individual who

claims that any of his rights have been

violated, and systems of compensation

and rehabilitation	61 - 63	13

C. Protection of the rights referred to in

the various human rights instruments	64	13

D. Way in which human rights instruments are

made part of the national legal system	65	14

E. Application of the international

instruments to internal law	66	14

F. National institutions or machinery with

responsibility for overseeing the

implementation of human rights	67 - 72	14

IV.	Information and publicity	73 - 76	15

I. LAND AND PEOPLE

A. The land

1.	Burundi is in Central Africa, in the region of the Great Lakes, astride the 3rd parallel South. It lies 2,000 kilometres from the Atlantic Ocean and 1,200 kilometres from the Indian Ocean. In other words, it is a land-locked country, 27,834 square kilometres in area, bounded on the north by Rwanda, on the west by Zaire and on the south and south-east by Tanzania.

2.	Burundi has five differing areas from west to east. The average altitude of this varied landscape ranges from 770 metres in the west, which is the lowest-lying area, to 2,000 metres at the highest elevation. In the western part is a flat area bounded on one side by Lake Tanganyika. Bujumbura, the capital, is situated in this region. Rising from the plain is a series of spurs called the Mirwa, followed by a mountain chain running from north to south. This chain is the crest of the Zaire and Nile Rivers, which forms the area of highest elevation in the country, and is the watershed of the main rivers. East of this crest lies the central plateaux region. East and south-east of the country is the depression that makes up flatlands.

B. Population

3.	The total population of Burundi in 1990 was 5,292,793. The rural population (1990) was 4,959,749 and the urban population 333,044. These figures show that the majority of the population is rural and lives off agriculture. The population growth rate is 3.06 per cent.

4.	This population has a feature unique in Africa. It is culturally and linguistically homogeneous. Burundi has one single language, Kirundi, which is spoken and understood by everyone, from east to west, and from north to south transmitting one single culture, which has been preserved from time immemorial.

C. Ethnic characteristics

5.	It is difficult to speak of the country's "ethnic" characteristics because the term would be misleading if used to refer to the composition of the population of Burundi. If an ethnic group is a group of human beings whose unity is based on a common economic and social family structure, then the usual terminology cannot be used in the case of the people of Burundi. The Burundi are Hutu, Tutsi and Twa Ubwoko (this word has no equivalent in French or English). They all speak the same language, are linked by one and the same culture and live in any region and under the same conditions.

D. Social and economic indicators

6.	The social and economic indicators are as follows:

Gross domestic product in 1991 (millions of Burundi francs): 210,300.0;

Gross national income (millions of Burundi francs): 2,208,613.5;

Population: 5,544,400;

Gross national income per capita (US dollars) in 1991: 207.3;

Gross national income per capita (Burundi francs): 37,626.0;

Indirect income less operating subsidies (millions of Burundi francs) in 1991: 31,638.7;

Gross national product (millions of Burundi francs) in 1991: 176,974.8;

Rate of inflation in 1991: 8.9 per cent;

Amount of foreign debt in 1991: 177,022 million Burundi francs;

Literacy rate: 36.1 per cent;

Percentage of children attending school: 68 per cent;

Religion of the inhabitants:

-	Roman Catholic: 78 per cent;

-	Protestant: 5 per cent;

-	Traditional beliefs: 13 per cent;

-	Muslim: 4 per cent;

Life expectancy: 50 years;

General mortality rate: 16 per cent;

Infant mortality rate: 110 per cent;

Birth rate: 47 per cent;

Fertility rate: 6.8 children per woman (1990);

Total number of households throughout the country: 1,445,479 (in 1990);

Number of male heads of household: 862,938 in 1990;

Number of women heads of families: 282,541 in 1990;

Working population: 50 per cent;

Mother tongue: one single language is spoken by all the people of Burundi: Kirundi;

Primary education: boys 55 per cent; girls 45 per cent;

Secondary education: boys 64 per cent; girls 36 per cent;

Higher education: boys 74 per cent; girls 27 per cent.

II. GENERAL POLITICAL STRUCTURE

A. Political history of Burundi

7.	The political history of Burundi can be subdivided into four periods: the pre-colonial period, the colonial and trust territory period, independent Burundi with a monarchical period, and the republican period.

1. Pre-colonial period (1500-1800)

8.	The sources of information on the pre-colonial period are oral, and consequently a great deal of study remains to be done. During this period, the country's institutions were regulated by customary law. From the sixteenth century, Burundi was governed by a king and its systems of operation and administration were hierarchical. Burundi had a structured administration, a system of justice, an army, and so on. At the top of the administrative pyramid was the king or Mwami.

9.	The Mwami was the centre of the entire system and the point of reference for all the other levels. Everything was subject to the authority of the king. The decentralized administrative bodies were placed under the authority of the Abagwana, or chiefs, who were direct descendants of the king. There were also sub-chiefs, the Abatware, who administered the regions situated outside of the royal domains, and the Abishikira, who administered the royal domains. Authorities were assigned to administer the people who lived on the territorial units called the hills (Ivyariho) and the leading citizens of the hills were the Abashingantahe. From the sixteenth to the nineteenth centuries, in other words up to the colonial period, the Mwami enjoyed traditional legitimacy. As far as the exercise of power was concerned, the king held the executive power, which he delegated in part to the Abaganwa and the other officials of the administration.

10.	The counterpart to what is now the legislative power can be said to have been exercised essentially by the population because all the laws, even the most general ones, originated in custom and custom is created spontaneously by society.

11.	Furthermore, justice was administered by the Mwami inasmuch as disputes were settled at the Royal Court. However, the king, as the final arbiter and judge reserved for his judgement only disputes of major importance such as those involving land ownership on cattle, and criminal and political cases. The other cases were settled at lower levels by courts presided over by the chiefs (Abaganwa), the sub-chiefs (Abatware), as well as the Abashingantahe on the hills. The society of Burundi set great store on the right to life and the right to justice. The right of appeal was therefore acknowledged as a legal right.

12.	There were mechanisms that limited the scope for arbitrary exercise of power. One such mechanism was the Abanyarurimbi, who were the political and judicial advisers to the king and sat at the Royal Court. The king could not act contrary to a decision unanimously taken by them. The same applied to the role played by the Abashingantahe. The Abanyarurimbi and the Abashingantahe administered justice in the courts, but they also served as bodies for regulating social peace.

13.	There are two salient features of the way in which the monarchical system operated during the pre-colonial period.

(a)	The monarchy had succeeded, on the one hand, in forming a nation,

preserving national unity and social peace and, on the other, in establishing an institution that was essentially democratic namely, the institution of Ubushingantahe. Furthermore, the power of the monarchy was not perceived as being exercised exclusively in the interest of the rulers, but also in the interest of the population and of the maintenance of order in society;

(b)	On the negative side, although the entire population lived under much the same conditions, the monarchical system harboured inequalities that were linked to the privileges of birth, which were acknowledged as the right of the ruling class. Besides, the monarch's power could be arbitrary, despite the existence of institutions for social regulation.

2. Colonial and trusteeship period (1889-1962)

14.	For the colonial and trusteeship period, one advantage is that it is covered by written records. In this connection, a common feature of some of the records is the classification of the population of Burundi into Hutu, Tutsi and Twa, on the basis of pseudo-scientific criteria inspired by racial ideology.

15.	This period can be subdivided into two: the German period and the Belgian period. The period of German occupation lasted from 1889 to 1916 and the significant event of this period was the signing of the Treaty of Kiganda in 1903, a treaty whereby the country lost its sovereignty.

16.	German domination was replaced by Belgian domination, which lasted from 1916 to 1962, the year in which Burundi regained its sovereignty. From 1916 to 1923, Burundi was placed under Belgian military occupation; from 1926 to 1946, Burundi was held under a Belgian mandate. In 1946, by virtue of an agreement between Belgium and the United Nations, Burundi was made a trust territory under Belgian administration.

17.	The period of the mandate and the trusteeship can be divided into two sub-periods, the first lasting from 1925 to 1960 and the second from 1960 to 1 July 1962. During the first sub-period, the Belgian administration proceeded to make a number of changes in the political and administrative life of the country. The effect of these changes was to restrict and weaken the royal power, to strengthen the power of the Abaganwa, who were made civil servants in the Belgian administration, and the gradual removal of the Batutsi and Bahutu chiefs and sub-chiefs. In 1952, the Belgian administration set up advisory bodies elected at all levels of the traditional administration, including the Higher National Council. In 1959, other reforms were contemplated and specified in the provisional decree of 25 December: "the elimination of the administrative duality between the administering authorities and traditional authorities, the creation among the communes of councils elected by universal suffrage, the creation, countrywide, of an assembly composed of members elected by the second degree and of members representing the interests of the leading citizens".

18.	During the second sub-period, Burundi prepared for the transition from colonization to independence. A mark of this period was the large number of political parties on the national political scene: some called for immediate independence and others were opposed to gaining independence so rapidly; other parties, motivated by ethnic considerations or manipulated by foreigners, had no programmes. The competition between the parties was characterized by the violence and intolerance which remain imprinted on the Burundi people's memory of the 1959-1962 period.

19.	At the institutional level, a provisional constitution was adopted on 26 November 1961. This constitution gave wide powers to the king, the Mwami, who exercised the legislative power jointly with Parliament. The king also had the right to dissolve Parliament. His decisions under the powers vested in him by the Constitution could not become effective without the prior approval of the representative of the administering authority.

20.	During these periods of German and Belgian control, the colonial administration dominated the country's politics. Human rights were not respected. For example, whipping was practised and the formation of associations was forbidden. Freedom of worship was violated because there was a virtual imposition of the Catholic religion, and other beliefs were despised, so to speak.

3. Independent Burundi

21.	This period includes the monarchical regime and the republican regime. The latter covers the First Republic, the Second Republic and the Third Republic. The people of Burundi became aware of their right to self-determination as a people upon Burundi's accession to independence.

(a) Monarchical period

22.	This was a relatively short period (1 July 1962-28 November 1966), but one with an abundance of political events. Shortly after independence (1 July 1962), a new Constitution was promulgated (16 October 1962), which annulled those provisions which gave the Belgian administering authority the power to dictate the acts of the kingdom.

23.	The new Constitution made provision for the three powers: executive, legislative and judicial. The executive power lay with the king, who appointed and dismissed his ministers. The legislative power was exercised jointly by Parliament and the king.

24.	At the institutional level, this period was characterized by great political instability and by the absence of any real participation by the people in the conduct of the affairs which determined their destiny.

25.	It should be noted that the substance of the Constitution was not respected, inasmuch as the period was marked by many serious violations of human rights. For example, political representatives were arrested and imprisoned, political leaders were assassinated, people were killed during the attempted coup in October 1965 and the ensuing severe repression, and plots were hatched to oust rivals.

(b)	Republican period

(i)	First Republic

26.	The First Republic was established after a coup d'état and lasted from 28 November 1966 to 1 November 1976. When this regime was proclaimed, the Constitution was suspended, and, pending the drafting of a new one a decree-law vested the Head of State with the executive and legislative powers, which were exercised with the participation of the Government. The Head of State tried to restore the unity which had been shattered by the bloody events of 1965.

27.	However, after the attempted coup in 1969, the President allowed himself to be easily influenced by his associates, and the ruling class embarked upon a pernicious struggle for influence. In 1974, a new Constitution was promulgated and established the principle of the Single Party. The Single Party controlled the Government and the judiciary. The Head of the Executive was both the General Secretary of the Single Party, the President of the Republic and the Head of State and of Government. Even the legislative power was placed in the hands of the President of the Republic.

28.	As to human rights, the First Republic was marked by serious disturbances at close intervals, in 1969, 1971, 1972 and 1973. These events were punctuated by decisions handed down by courts of special jurisdiction and seriously impaired respect for the individual, his freedoms and rights. Certain groups took advantage of the absence of authority during these periods of crisis to settle scores with their "opponents".

(ii) Second Republic

29.	The Second Republic was also the result of a coup d'état and lasted from 1 November 1976 to 3 September 1987. When the Republic was proclaimed, the 1974 Constitution was suspended in what was called the transitional stage and the executive and legislative powers were assigned to the President of the Republic, who operated by decree-laws and decrees issued after deliberation by the Council of Ministers.

30.	During the Second Republic there were two contradictory movements: a movement for national renewal and a movement for authoritarian administration. The movement for national renewal lasted until 1982. During that period the nation's life was characterized by a process of democratization. The new leaders made outstanding efforts to set the Government on its feet again and improve the political, economic and social situation. Development projects were launched and new public and semi-public enterprises were established.

31.	More importantly, the Government got down to the task of restoring peace and social justice, in particular by involving all the people of Burundi, without distinction on ethnic or regional grounds in the conduct of public affairs, by eliminating the institution of Ubugererwa, and by reintegrating the refugees from Burundi who had been called upon to return to their country.

32.	In November 1981, a new Constitution was promulgated and democratic institutions such as the National Assembly were established. The Constitution provided for the executive power, the legislative power and the judiciary. The supremacy of the President of the Republic was evident: in particular, he could dissolve the National Assembly, whereas the Assembly could not censure the Government.

33.	Human rights were proclaimed in the Constitution, but they were not always respected. Freedom of expression gradually gave way to the law of silence. An atmosphere of distrust developed, and exclusion on ethnic, regional and other grounds became an established practice. The conflict between church and State took on considerable proportions, particularly as a result of the constraints placed on freedom of worship. By seeking to remain in power and to dominate the entire system, the regime became authoritarian and could no longer respect or ensure respect for human rights and fundamental freedoms.

(iii) Third Republic

34.	Another military coup on 3 September 1987 established the Third Republic. The main concerns of the Third Republic (its new leaders) are to restore public confidence, to reconcile the people of Burundi, to improve the management of the State, to ensure better protection of human rights. After the tragic events of Atega and Marangara in August 1988, the Third Republic redoubled its efforts to achieve these aims.

35.	At the institutional level, the 1981 Constitution was suspended and, pending the introduction of the permanent institutions, legislative and regulatory powers were assigned to the President of the Republic, who operates by decree-laws and decrees issued after deliberation by the Council of Ministers.

36.	Out of a concern to share power, a post of prime minister was created in October 1988. The Prime Minister is responsible for coordinating and supervising the activities of the Government and for executing other tasks allocated to him by the President of the Republic.

37.	The important issue of national unity, a subject which had long been taboo, was opened up for debate and discussed without equivocation or prevarication in all quarters, in meetings, seminars and other forums. The elaboration and adoption of the Charter of National Unity on 5 February 1991 and of the Constitution on 9 March 1992 represented the continuation of this broad-ranging process of popular consultation and one of its results. This step was an actual demonstration of the politics of dialogue and consultation advocated by the Third Republic.

38.	The principle of respect for the freedom of the individual and for human rights has been affirmed and has in the main been applied in practice. Some examples have been:

(a)	The normalization of relations between Church and State;

(b)	The change in the work methods of the departments responsible for public security and intelligence;

(c)	The setting up of the National Security Council;

(d)	The ratification of a number of international conventions and agreements such as the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples' Rights, the United Nations Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women;

(e)	The approval by the Government of independent associations for the protection of human rights;

(f)	The establishment of a disciplinary board to investigate any abuses committed by the members of the police force;

(g)	The implementation of a policy of voluntary repatriation, resettlement and social and occupational reintegration of Burundi refugees;

(h)	The recognition of a multi-party political system;

(i)	The establishment of the Centre for the Promotion of Human Rights.

39.	Although there are occasional cases of prolonged preventive custody or corruption, the regime of the Third Republic is none the less making an effort to establish democracy in the country, to institute the best methods of public administration, to ensure the participation of the population in the process of decision-making, development and the protection and defence of human rights and freedoms.

B. Type of government

40.	The Government establishment may be considered from three angles: the Government as a collegiate body, the Prime Minister, and the other Ministers and the Secretaries of State.

1. The Government as a collegiate body

41.	The Government comprises the Prime Minister, the Ministers and the Secretaries of State. The Council of Ministers is the mandatory forum for debate by the Government of the decisions concerning the general policy of the State, as well as the bills, presidential decrees, decisions of the Prime Minister and ordinances of the ministers which are in the nature of general regulations. Articles 80 to 90 of the Constitution deal with the Government.

2. The Prime Minister

42.	The Prime Minister is appointed by the President of the Republic from among the eminent persons who meet the approval of the parliamentary majority. The President of the Republic has the power both to appoint and dismiss the Prime Minister. The powers and functions of the Prime Minister are set forth in article 91 of the Constitution: to direct the business of the Government, to take all the measures for the implementation of presidential decrees, to preside over the Council of Ministers and to make appointments to civilian and military posts.

3. The Ministers

43.	The Ministers are appointed by the President of the Republic on the proposal of the Prime Minister. Their powers are set out in articles 92, 93, 94 and 95 of the Constitution. Regarding the status of the ministers, including the Prime Minister, ministerial office is incompatible with any other function, particularly the position of member of parliament.

C. Organization of the executive, legislative and judicial organs

1. The Executive

44.	The Executive consists of the President of the Republic on the one hand and the Government on the other. Articles 61 to 85 of the Constitution deal with the President of the Republic and in particular with the following matters: the appointment of the President of the Republic; the nature of the vote; the number of candidatures for the presidential elections; the nomination of the candidates; the conditions of eligibility, the method of endorsement; the duration of the term of office and the number of terms; the oath of the elected President; the mandatory statement of personal assets and wealth; the powers of the President; the status of the President; the responsibility of the President; the temporary inability of the President to discharge his duties and the vacancy of the Office of the President.

2. The Legislature

45.	The future Parliament of Burundi shall consist of one chamber called the National Assembly. Title V, articles 96 to 125, of the current Constitution deals with the legislative organ in respect of:

(a)	The composition of Parliament: the number of chambers, the number of members of parliament;

(b)	The nomination of the members of parliament; the nature of the vote, the nomination of the candidates, the conditions of eligibility, the constituencies, the method of vote;

(c)	The term of office of the members of parliament;

(d)	The status of the members of parliament: parliamentary immunity, regulations concerning incompatibility;

(e)	The powers of the National Assembly: the legislative function and function of monitoring government action;

(f)	The functioning of the National Assembly;

(g)	The Court of Audit.

46.	The relationship between the Executive power and the Legislature is also provided for in Title VI, articles 126 to 199, of the Constitution. In this relationship, it can be seen how the Executive power can influence the Legislature, namely, the right to request a special session of the National Assembly be convened; the legislative initiative; the right to amend the Assembly's bills; the right to veto legislation; the right to resort to a referendum; the right of communication; the right to introduce a motion of confidence in Parliament; the right to dissolve the National Assembly.

47.	Conversely, the means by which the Legislature can influence the Executive are also recognized in the Constitution: the right to amend Government bills; the right to debate the action and policy of the Government; the right to submit written or oral questions to the members of the Government; the right to constitute commissions of inquiry on specific subjects; the right to pass a vote of no confidence; the right to charge the President with high treason.

3. The Judiciary

48.	As to judiciary in Burundi, two important questions analysed in Title VII, articles 140 to 159, of the Constitution are worthy of note: the guiding principles of the judiciary and the country's higher judicial organs.

(a)	Guiding principles of the judiciary

49.	(i) Justice is rendered by the courts and tribunals throughout the territory of the Republic in the name of the people of Burundi. The duties and powers of the Public Prosecutor's Department are performed and exercised by the Prosecuting Counsels.

(ii) Court hearings are public, unless there is a judicial decision to hold them in camera when publicity would endanger public order or morals.

(iii) All judicial decisions are substantiated; their terms are announced in public hearings and, in the exercise of their functions, judges are bound only by the Constitution and the law.

(iv) The President of the Republic is the guarantor of the independence of the judiciary. He is assisted in that task by the Higher Council of the Judiciary, the composition, organization and operation of which are specified by law.

50.	It will be observed that, in keeping with the first principle, even judicial authority emanates from the people and has to be exercised in their name. The second and third principles - that court hearings are public and that judicial decisions are substantiated - are intended to guarantee the transparency of the actions of the judge for persons before the courts and to avoid any arbitrariness on his part, which are important criteria if the people are to have confidence in the system of justice. The fourth principle is the independence of the judiciary; in the performance of their duties, the judges are bound only by the law. The President of the Republic, in his capacity as Head of State, is the guarantor of the independence of the judges and he is assisted by the Higher Council of the Judiciary.

(b)	The country's higher judicial organs

51.	Three higher judicial organs are recognized by the Constitution: the Supreme Court (arts. 145 to 148), the Constitutional Court (arts. 149 to 155) and the Parliamentary Court of Justice (arts. 156 to 159).

III. GENERAL LEGAL FRAMEWORK WITHIN WHICH HUMAN RIGHTS ARE PROTECTED

A. Judicial, administrative or other competent authorities

with jurisdiction affecting human rights

1. Judicial authorities

52.	In the event of a violation of human rights or infringement of a right, the injured citizen is entitled to appeal to the courts and tribunals for restoration of his rights. Similarly, when a citizen is prosecuted, he is guaranteed the right to a defence and to a fair trial.

53.	The competent authorities are the following:

(a) The Prosecuting Counsels of the Prosecutor's Office.

(b) The officers of various police forces:

The judicial police of the prosecutor's offices;

The public safety police;

The State police;

The national security police;

The air, borders and aliens police.

(c) The ordinary courts and tribunals:

The resident tribunals;

The courts of first instance;

The courts of appeal;

The Supreme Court.

(d) The special courts:

The labour courts;

The commercial courts;

The administrative courts;

The Court of Audit;

The Constitutional Court;

The Parliamentary Court of Justice;

The military courts (courts martial, military appeal courts).

These courts are bound, in conformity with the regulations, to protect certain rights and these include human rights.

54.	With regard to the ordinary courts mentioned above, Act No. 004 of 14 January 1987, amending the Code of Judicial Organization and Jurisdiction defined the limits of both the civil and criminal jurisdiction of each court or tribunal. These courts work within the law.

55.	In addition, the traditional institution of Abashingantahe (notables) means many local disputes can be settled; these persons are mediators on their hills.

2. Administrative authorities

56.	Anyone may bring his grievances to the civil service authorities and the local administration in the event of violations. Since abuses of power or abuses by these civil service authorities can occur, other bodies have been established.

(a)	Economic and Social Council

57.	The establishment of this Council was dictated by the need to create a framework within which to assess and discuss important economic and social problems so as to enable the authorities, on the one hand, to take decisions on these issues after consultation and agreement, and on the other, to involve all the partners in economic and social development in the process of discussion.

(b)	National Security Council

58.	The establishment of this Council was dictated by the need for a body to assist the President in formulating and following up the execution of the national security policy. This policy should be the concern not of the forces of law and order alone but rather of all citizens.

(c)	National Children's and Young People's Council

59.	This body is responsible for protecting the rights of children and even for promoting them within the framework of the international Convention on the Rights of the Child.

(d)	Refugee Return and Reintegration Commission

60.	All citizens have equal rights and duties: the refugees are citizens and the country has obligations towards them. Refugees, for their part, can also contribute to the country's development efforts. An appeal was made to them to return to their native country. The fundamental idea underlying Burundi's policy to refugees is that all the refugees who wish to build their native country should be encouraged to keep to the policy of national reconciliation.

B. Remedies available to an individual who claims that any of his

rights have been violated, and systems of compensation and

rehabilitation

61.	Anyone who feels that his rights have been violated is entitled to appeal to the bodies referred to in the preceding paragraphs, namely: the ordinary or special courts, the civil service authorities and the local administration.

62.	The public or private associations with responsibility for ensuring respect for human rights, mentioned in section F below, may also assist an individual in recovering his rights.

63.	The systems of compensation and rehabilitation are based upon the following elements:

(a) Compensation: any act committed by a person which causes harm to another places an obligation to compensate for such harm on the person at fault (Civil Code, III, art. 258).

(b) Damages: any obligation to act or refrain from acting requires damages in the event of non-fulfilment by the person who contracted the obligation (Civil Code, LIII, art. 40).

C. Protection of the rights referred to in the various

human rights instruments

64.	The rights referred to in the various international human rights instruments are protected by the Constitution of Burundi. This fundamental law, promulgated on 13 March 1992, contains many provisions on human rights as proclaimed in the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights and the Charter of National Unity. Burundi's political charter contains both a declaration of human rights and a proclamation of the duties of the individual. The declaration concerning the duties of the individual and the citizen is contained in articles 41 to 52 of the Constitution.

.D. Way in which human rights instruments are made part of

the national legal system

65.	The President of the Republic signs and ratifies international treaties and agreements. Such treaties can only be ratified by virtue of a law. In addition, many internal laws are enacted for the implementation of the international instruments in Burundi.

E. Application of the international instruments to internal law

66.	The provisions of the various human rights instruments may be invoked before the courts or the administrative authorities and directly applied by them.

F. National institutions or machinery with responsibility for

overseeing implementation of human rights

67.	Public and private institutions and associations actively participate in the defence of human rights.

1. National human rights leagues

68.	There are two human rights leagues in Burundi, the Burundi League of Human Rights "ITEKA" and the Burundi League for the Defence and Promotion of Human Rights "SONERA". They are both independent organizations which fight against arbitrary violations of individual rights.

2. Trade unions

69.	The Association of Trade Unions of Burundi (CSB) defends the workers of Burundi, and in particular their social, occupational, material, moral and cultural interests.

3. Union of Women of Burundi (UFB)

70.	This movement organizes women to defend their rights, improve their living conditions and combat discriminatory practices against women.

4. Martin Luther King Foundation for Non-Violence

71.	This association works for the peaceful settlement of conflicts, because violence is an affront to the integrity of the individual.

5. Centre for the Promotion of Human Rights

72.	The Centre was set up to serve as an appropriate instrument for teaching and promoting human rights in Burundi.

6. Foundation for Children

IV. INFORMATION AND PUBLICITY

73.	In Burundi, efforts are regularly made to acquaint the public and the competent authorities with the rights established in the various human rights instruments. Symposia and lectures on human rights have been organized and seminars on human rights have been held for educators, judges of the police courts and the administration. Furthermore, training in human rights is given in primary, secondary and higher schools within the framework of civics and ethics courses. On each occasion, copies of the human rights instruments are distributed; the texts are usually written in the two official languages, Kirundi and French. The media also play an important role in publicizing and educating people in human rights.

74.	The government agencies responsible for preparing the reports are the Ministries of Justice and Foreign Affairs in collaboration with the other civil service departments, such as the Ministry of the Interior and the Centre for the Promotion of Human Rights.

75.	Other organizations for the defence of human rights may also prepare reports on the human rights situation in Burundi. These include the agencies mentioned in section F above (paras. 67-72).

76.	The reports are usually delivered to the relevant person and the author of the document may not divulge its contents before that person's approval has been given. If the report becomes an official document, it may be given to the press for wide publicity.

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