经济、社会和文化权利委员会审议布隆迪的报告（部分翻译）

经济、社会和文化权利委员会

2015年9月22日

经济、社会和文化权利委员会今天结束审议布隆迪关于其落实《经济、社会及文化权利国际公约》条款情况的首次报告。 

人权、社会事务与性别平等部长马丁•尼武亚班迪（Martin NIVYABANDI）在介绍报告时表示，布隆迪在2005年结束了持续10年的内战，从那时起布隆迪方才可以落实《公约》。布隆迪在经济权利领域进行了巨大的投入，包括旨在增强妇女独立性的活动，比如通过国家性别平等政策。布隆迪还实行了全民医保，为所有人免费提供初等教育也正在落实之中。2011年，初等学校内已经实现了男女平等。包括巴特瓦族（Batwa）在内的少数群体的权利是政府的关键优先事项。青年、体育与文化部致力于促进土著人民的权利，特别是他们的文化权。政府吁请技术和国际支持来保障布隆迪人民的幸福。

委员会专家承认布隆迪内战后所面临的困难，但同时也指出，经济、社会及文化权利不是奢侈品，布隆迪在这一领域仍有义务。提及的问题包括近期选举中的紧张局势、流离失所者、食物权和健康权、司法机构的独立性、经济制裁对享有经济、社会及文化权利的影响、批准国际劳工组织第169号土著和部落人民公约、工人的劳动权、武装部队和警察中对妇女的歧视、家庭暴力、对白化病人和男女同性恋、双性恋和跨性别者社群成员的歧视、初等学校辍学率、财政收入及税收和债务的相关问题和未被政府承认为少数群体的巴纳瓜族（Banagua）的问题。

委员会专家兼国别报告员奥利维尔•德舒特（Olivier de Schutter）在总结发言中向代表团提供的高水平信息表示祝贺，并承认布隆迪在战争后经历着艰难时刻。委员会将通过结论性意见，希望政府予以落实。

尼武亚班迪先生感谢专家提问及其提出的问题，并向他们保证，政府致力于尽可能多地落实措施。

委员会将于9月24日（周四）继续开展工作，审议希腊的第二次定期报告（E/C.12/GRC/2）。

Report

The initial report of Burundi (E/C.12/BDI/1) can be accessed here.

Presentation of the Report

MARTIN NIVYABANDI, Minister of Human Rights, Social Affairs, and Gender, expressed his appreciation of the Committee’s work. Economic social and cultural rights were key to human dignity and pillars for prosperity of the human kind. Burundi had ratified a number of regional an international instruments, which were included in the Constitution. It had come out of a ten-year civil war in 2005, at the end of which it had been able to implement the Covenant on Economic, Social and Cultural Rights.

In the area of economic rights, Burundi had carried out significant investments, which had helped elevate the rights of all natural or legal persons to set up a company in Burundi. Activities to increase the independence of women were implemented through microfinance projects. The Government was also targeting pregnant mothers and children under five, as well as the treatment of those living with HIV/AIDS. The Government had decided to set up universal health coverage, with access the entire population.

The provision of free education at the primary level for all was being implemented. Equality between girls and boys in primary school had been reached in 2011. Inclusive programs in education allowed children with disabilities to attend primary school in the same capacity as able-bodied children, and that would soon be the case in secondary school as well. The adoption of the National Gender Equality Policy aimed to ensure the integration of women into the economy. The rights of minorities were also a key priority for the Government, ensuring the representation of three representatives of the Batwa minority in the Government and the Parliament. The National Day for Indigenous People was celebrated on 9 August. Through the Ministry of Youth Sports and Culture, the Government worked to promote the rights of indigenous people, especially their cultural rights.

Mr. Nivyabandi reiterated the Government’s request for international technical support to ensure the well-being of the Burundian people.

Questions by Experts

OLIVIER DE SCHUTTER, Committee Member and Country Rapporteur for Burundi, stated that Burundi had emerged weakened from the civil war which had ended in 2005. That had caused problems in terms of the enjoyment by the population of economic, social and cultural rights. In the Committee’s view, economic social and cultural rights were not a luxury. Young people were more likely to avoid violence when they enjoyed those rights; therefore the rights should be placed at the heart of the implementation of the Burundi Peace Programme.

There had been tension during the recent elections, the Expert said. Displaced populations had sought refuge in neighboring countries, which made it hard for children to attend school. Their right to food as well as health, was also violated. Hospitals were under attack and lacked medicines. What was the country doing to deal with this situation?

What was the Government’s capacity to ensure that all Burundians had a proper guarantee of the internationally recognized economic social and cultural rights?

The Expert asked about the possibility of transferring judges or replacing them, and the guarantees of their work stability. What was the role of the high courts ?
Question was asked about the implementation of Article 19, which was a general cross-cutting issue.

What were the steps taken to ensure the independence of the National Human Rights Commission established in 2011, as part of the Burundian Peace Process?

The Expert inquired whether Burundi planned to ratify the Optional Protocol of Economic, Social and Cultural Rights.

Another Expert said that there was a lack of recognition of economic, social and cultural rights as human rights in Burundi. What kind of training was given to incentivize line ministries and other persons who had a strong role in policies? What was being done to make those rights more known?

What was the impact of Government policies on the Batwa community?

Could the Government provide an update on the status of plans for a law on inheritance, or the lack thereof?

An Expert said that the provisions of the Constitution related to economic, social and cultural rights were very general. What measures were planned to enhance the applicability of the Covenant, by the judiciary and to provide better protection of the rights-holders of economic social and cultural rights?

Regarding persons with albinism, could the delegation provide some more information? Was the Government working with traditional leaders and structures to address that issue?

An Expert noted that there was a legal shortfall of implementation of legislation related to the Covenant, which was filled by customary law. What were the measures taken to eliminate that gap? Was the customary law considered to be above the constitutional law? Which one did judges apply?

The delegation was asked whether there was a strategy to increase resources for social issues.

According to some reports, homosexuals suffered from discrimination - was that indeed the case?

Another Expert asked whether there existed a general anti-discrimination law.

She also inquired about the process of coming up with candidates for the National Human Rights Institution before they were presented to the Parliament.

The delegation was asked to provide more details about attempts to bring legal equality to women in the inheritance law, which was currently absolutely discriminatory against women.

The issue of impunity remained of concern, another Expert commented. Those responsible for human rights violations seemed to be immune from persecution and conviction. What was being done by the authorities to ensure that those responsible underwent investigations?

Had the draft law of 2013 on the protection of human rights been adopted and, if not, what was the reason for the delay?

An Expert asked about the effects of the economic sanctions on economic, social and cultural rights and whether they could they still be felt.

Mr. De Schutter said that Burundi had not ratified the International Labor Organization Convention 169. What did Burundi intend to do to guarantee access to land of the indigenous Batwa population? Did that group enjoy protection? Could the delegation clarify the situations of minimum wage, women’s rights, and forced labour of the Batwa community?

What were the initiatives taken by Burundi regarding reconstruction, development, and the return of refugees? The National Commission on Land and Other Properties allegedly did not function in an impartial way. Individuals were sometimes requested to give up their land for refugees returning to their country. What assurances could be given regarding the functioning of the Commission?

On corruption and the role of various mechanisms to fight against corruption, a number of observers had noted that on the local level, corruption remained endemic and was an obstacle to the enjoyment of economic, social and cultural rights. Could the delegation comment?

Another Expert asked if the roots of the discrimination were religious or traditional.

What were the obligations of the Government to protect those in the informal economy, in view of their right to work. What were the responsibilities of the National Institute for Social Security?

Could complaints based on international instruments could be raised by citizens in the Burundian courts.

To what extent were employees entitled to the right to strike?

An Expert wanted to know whether there was a system of incentives or obligations for entities in the formal sector to provide jobs to persons with disabilities. Could the delegation provide more specific information on what was being done to establish a system of gathering statistical data on children with disabilities?

Regarding vocational training, it was perceived as ill-adapted to the needs of the economy. Did the Government have programme of action to remedy that?

Was the system of collecting statistical data already in place regarding unemployment?

Question was asked about the Labour Inspectorate and if it had enough power to do its work.

Mr. De Schutter stated that women were allegedly placed in sectors which were less well remunerated. What measures were undertaken to fight that phenomenon?

Replies by the Delegation

The delegation explained that many governmental activities had been paralyzed, especially in the Bujumbura region, where businesses and schools had also been closed, due to the election demonstrations. Burundi depended on supplies from the Northern corridor, but lorries were not allowed to enter. Bujumbura was the political and cultural capital, and thus the impacts were significant. Children missed two months of school. Health supplies were also not easily accessible.

With regard to whether the population was able to invoke the Covenant, it was said that Burundi recognized the Covenant as an integral part of the Constitution.

In terms of the independence of the judiciary, there were a number of aspects that underpinned that principle, including the capacity of judges. There was a raft of measures which sought to ensure proper work of the judiciary. A peer-nominated high court had been put in place.

The National Human Rights Commission had been set up in order to ensure that human rights became a reality. Members were recruited through a public tender published in the papers, open to all candidates, both foreign and national. Those were then selected by the Parliamentary Committee. The Commission had produced reports quite independently from the Government.

The Optional Protocol on Economic, Social and Cultural Rights was being currently being observed and would subsequently be submitted to ratification.

Regarding awareness raising, the delegation said that economic, social and cultural rights were a priority, which pertained to trainings and seminars as well.

There was a special Anti-Corruption Brigade which dealt specifically with corruption and laundering issues. There was a significant increase in money returned, and revenues that arose from anti-corruption procedures came straight back to the treasury. A National Strategy to Fight Against Corruption had also been put in place.

Responding to the questions on the Batwa people, the delegation explained that they were dependent on the pottery industry which was their income generating activity, but was no longer an economically sustainable. The Government employed positive discrimination measures and land programmes in order to improve their situation. The Government distributed notebooks to all primary school children, including Batwa children. There were also programmes that specifically targeted Batwa people in terms of access to health care. Batwa marriages were not being registered, which was an issue being addressed currently.

The question of women and inheritance and its relationship with the marital system was a very sensitive issue in the country, the delegation said. Burundi was a very small country, of 27,000 km2 and ten million people. In the past, migration was encouraged to the North East, but now that region was saturated as well. Thus, in the courts 80 per cent of the cases were related to land issues, which had problematized agricultural production in Burundi. If women were inheriting on an equal basis, that would make things even more complex. There were over 500 years of historical precedent of males inheriting land. In 2009, many assassinations had occurred due to the inheritance issue. An expert committee had been set up to look into the problem and to propose recommendations.

Regarding the persons with albinism, discrimination was related to a pagan belief, but several associations worked with the Government on tackling the issue and had sheltered the threatened populations, mainly in the West. Thanks to those efforts, there had been a significant demise in the number of victims.

The impact of the 1993 war was vast, and all the resources had become scarce. Thus, government activities were based on mobilizing the economic sector and ensuring that setting up businesses took as little time as possible. Burundi was now one of top ten reformers of the business environment worldwide. The Government was trying to diversify funding flowing into the country through regional integration, ensuring the free movement of labour and increased economic exchange.

The delegation said that freedom of association, including trade unions, was recognized by the Constitution, while a social dialogue framework encouraged employers and employees to avoid resort to strikes, which were a last resort. Workers had the right to strike for eight days after applying for strike.
The Labour Inspectorate lacked the means that it needed, the delegation admitted.

Regarding the situation of lesbian, gay bisexual and transsexual community, it was explained that no one had been arrested for it and there was no record of segregation and discrimination in schools.

On the choice of magistrates, there was an independent committee provided by experts which did the recruiting.

The delegation said that since 2005, at least 700 police officers and others had been put in prison because of the issues of torture and excessive use of force. That was a long-term project, and the time was needed to respond to it adequately.

The results of the sanctions imposed by other countries could still be felt.

The number of refugees who had fled in 1962 and 1975 was increasing as they now had families and wanted to get their land back once they returned to Burundi. The Burundian Government had favored consultations and the number of contested settlements were few.

On the organization of social protection, a delegate said that social security was protected through the National Institute for Social Security created in 1962, which managed the pension and professional risk regime. The Civil Servant Mutual Insurance Scheme managed insurance for civil servants, army personnel and others. In 2011 the National Risk for Pensions had been opened for the judiciary branch. A regime was also in place for family allocations and assistance. The informal sector remained a challenge.

There were measures to provide free health care for children under five and pregnant women and women at risk. Medical assistance for indigenous peoples was provided by the Ministry of Social Affairs. The Medical Assistance Charter was a mechanism provided to workers in the informal sector, and was very reasonably priced. The challenge remained that there was low coverage, as all of these schemes covered less than 20 percent of the population. That was why in 2011 the National Social Protection Policy had been adopted with the aim of spreading social protection progressively to the whole population, starting with the elderly and other vulnerable groups.

A delegate said that the policy on gender equality had been updated in 2012 and another update was scheduled for 2025. There were sectorial focal points who worked and oversaw implementation of gender policies in sectorial planning. The results were positive. There was also the strategy for integration of gender in the defence area, which had already shown results. Actions were operationalized in thematic groups: sexual and gender based violence, empowerment of women, integration of women in policies and sectorial integration, and the participation of women in decision-making.

There was no discrimination in salaries between men and women – a woman counselor was paid the same rate as a man. In the previous years there used to be a low school rate for girls, but improvements had been made in that regard. In the Government there were 30 percent of female Ministers. In the National Assembly the representation of women stood at 36 percent, while it was 41 percent in the Senate.

Follow-up Questions by Experts

An Expert asked the delegation to clarify the involvement of civil society in the preparation of the report. Could the delegation assure the Committee that the concluding observations would be shared with civil society?
Was there no need for a comprehensive non-discrimination law, the Expert asked.

Regarding findings of the National Human Rights Commission, could the delegation give examples of some recommendations related to economic, social and cultural rights?

Another Expert inquired what the policy would be on fiscal or tax exemptions. Was there any justification to keep those tax exemptions?

The State seemed to be reinforcing the cultural negative trends towards lesbian, gay, bisexual and transsexual society. Homosexuality was criminalized in the Criminal Code. Did the Government intend to change such policies?

An Expert commented that as soon as women had entered the defence forces, had been incidences of sexual harassment. The ambiance of the institution had to be changed.

Regarding family and development centers throughout the regions, there was apparently customary law courts that dealt with issues. Were family centres established in provinces able to intervene in local judicial structures, so that judges at local level could integrate the gender equality concept?

Mr. De Schutter asked about the institution of bugererwa, a servitude instrument to which the Batwa were traditionally subjected. Even though Decree 119 had been adopted to abolish that, the Committee had information that the Batwa who were poor were still forced to do go into servitude. Was the decree not sufficiently implemented?

What were the obstacles to accelerating social protection, he asked.

An Expert commented that there was high level of domestic violence against women, but most of the cases went unpunished.

Was the State intending to prepare legislation to protect the rights of women in terms of land ownership?

There was also a problem of overcrowding in prisons and a very high rate of maternal and infant mortality which could be linked to insufficient services during child birth. What was being done to address all those issues?

What was being done to address the issue of population control and productive health? In a very small country with an intense land conflict and a high fertility rate, as well as infant and maternal mortality rates, that matter was of crucial importance.

Another Expert asked what legal provisions existed in regard to abortion.

What was the current poverty rate?

Regarding the forcible eviction and expropriation of land, what steps were being taken to prevent that when it came to the Batwa? Would the stock of 300,0000 houses destroyed by the war be restored? Would the 70 percent of the Batwa be given access to basic infrastructure and services?

The delegation was asked to provide more data concerning child labour, whereas it was apparently an important problem, especially in areas such as agriculture, mining and domestic labour. The Labour Law prohibited child labour under the age of 16, but what sort of monitoring was provided to ensure this was implemented?

A legal age of marriage had been instituted in order to counter the child marriage trend; however, there was no data to show results on the ground. There was a general concern that the Committee had not received sufficient information and data, but rather just general information. How was the Government able to provide strategies and plans without concrete data?

Mr. De Schutter said that for the third year, Burundi had been categorized at the very bottom of the World Hunger Index. Between 57 and 60 percent of the population found themselves in lack of food, which was very concerning. The National Agricultural Strategy and National Investment Plan raised two questions linked to the right to food. Who benefited from those?

There seemed to be a shift from subsistence to market-based agriculture. Would small-scale farmers and peasants be assisted? The attempt to attract investors into agriculture emphasized competition for small households.

Regarding the fight against HIV/AIDS, the report responses recognized that the measures undertaken were insufficient, and the rate of infection was increasing. What were the reasons for that?

In Burundi, 23 percent of boys and 22 percent of girls were smoking, which posed a serious problem in the fight against tobacco use. However, there was no prohibition of smoking in public spaces and no information campaigns to raise awareness on the dangers of tobacco use. What was the Government doing to counter that problem?

Replies by the Delegation

On corporal punishment in school, the delegation said that the practice had been prohibited, even though it still existed at home.

There was a new law on gender-based violence, which was much more specific than the previous one, which had accepted traditional forms of gender-based violence. Traditionally, it had been accepted that a girl who was going to get married would go to the bed of the father of the future husband, before going to her husband. That was now prohibited.

The issue of access to land was problematic as there was very little land for a very large population: typically a ten-child family had to share 0.01 hectares of land. Population growth was a problem related to that. Women who were married had the right to use the land until their death, even if they were widowed.

On detention centers, the delegation explained that most of them dated from the colonial times, and prisons had been built for a small number of inmates, whereas today the population of Burundi was ten million. The Government planned to build new prisons, which would be in keeping with the standards.

Progress had been made since 2005 regarding maternal and child mortality rates, thanks to better health care. Costs of obstetric care were covered by the Government, with the help of external technical partners and donors. Regarding the insufficient obstetric services, in each of the 45 districts, there was at least one trained doctor who could help women during childbirth.

The delegation said that it had been established that it was not the poorest provinces that did not want the insurance card. On the contrary, one of the poorest provinces had an 80 percent coverage, while one of the richest had a 45 percent coverage. The National Reconciliation Policy worked towards covering all the populations, however the problem was lack of resources, as after the war, everything was a priority.

The Government was raising awareness on family planning, and contraceptives were provided free of charge in hospitals and health centres.

The right to food affected the entire population, not just the Batwa.

On the provisions on the protection of women with regard to abortion, it was explained that abortion was prohibited by the Penal Code. However, if the life of a woman was in danger, abortion could be provided in the hospitals.

The delegation said that more than 90 percent of the population only lived off the land, and the only chance they had on the labour market was in agriculture. Private property was recognized in Burundi, and it could be inherited or sold with the agreement of other members of the family.

Poverty rate was at 65 percent and, the delegation informed.

Regarding the Batwa, the National Commission on Land and Other Properties had been created to identify and counter all related challenges. An institution that provided social housing existed, but it was unable to cope with the increased number of requests, due to the high expense to build housing. The Government had a housing policy for rural populations. The Government created villages and gave individuals metal sheets to build houses. It also provided lighting through solar power.

The delegation said that the mining sector had just been restructured in order to counter the trend of child labour. In terms of handicrafts and artisanal work, child labour had also decreased following the measures put in place. There was also a telephone hot line put in place for victims of violations of rights.

The legal marriage age was 18 for girls and 21 for boys. A girl who had to get married early could go back to her family, and, if necessary, the police would intervene.

Turning to the right to food, the delegation said that around 70,000 individuals had been repatriated from neighboring countries, and feeding them and their families was costly. A Common Fund had been implemented to provide crops, and families had subsidized access to it.

On HIV/AIDS, the delegation explained that at the end of the war, members of the military and police had been demobilized, and people from cities had brought the virus with them to the rural areas. The infection was now decreasing in towns, but increasing in rural areas. It was also a mentality problem, as people did not realize that it was so easy to catch the disease.

A high tax had been imposed on the import of cigarettes, and the Burundi Tobacco Company had been obliged to put messages on the packaging of the danger of smoking. A bill on the tobacco use was in the drafting stages.

According to the Government information, no female soldier had been victim of harassment. The Burundi Army had a very high reputation in the region and was very disciplined. Discipline measures were in place. When women were recruited into armed forces, gender mainstreaming policies were put in place, and a gender unit had been set up within the Army, which was at the same level as the General Directorate.

There was a community networking system from the village to the national levels, which worked on raising awareness on gender issues. The Government made funding available, but that was not enough. The National Strategy for Gender Based Violence was being implemented, with the involvement of the United Nations Women.
Regarding professional segregation, the delegation conceded that it was true that in some sectors, such as technical and engineering industries, women were not well represented. There were many female nurses but not as many doctors. It was definitely an area where more work would be done.

Follow-up Questions by Experts

Mr. De Schutter inquired about discrimination against persons with HIV/AIDS: how were people treated in the community once they had been diagnosed with HIV/AIDS?

Could the Government tell the Committee on the issue of privatization in the coffee industry?

Another Expert said that 5-10 percent of men were beaten by their wives, but the nature of it was different that of men beating their wives. The degree of violence was also different. The nature of violence had to be analyzed.

Regarding sexual violence in the military, it was commendable that there were no such reported cases, but it was important to keep an eye on it, as some individuals might be afraid to report it.

Replies by the Delegation

Civil society was always involved in programme evaluation together with the Government, explained the delegation. The Association of Business Women played a very important role in the empowerment of women in business. There was also the Association of Women Lawyers, which had offices in the provinces, as well as the Association of Women Journalists. The Catholic Church was also very active and had programmes for women’s rights.

The Constitution prohibited discrimination, including against those living with HIV/AIDS. Perhaps more enforcement was needed.

Regarding the role of the National Human Rights Commission for compliance with economic, social and cultural rights, in 2014 it had held a major workshop had been organized bringing together bankers businessmen to teach them about those rights. It had made recommendations including on the banking law.

There were courts to protect and defend workers’ rights. Enterprises had to comply with social standards. There was the Employer’s Association which had discussions and which was taught on the policies of the Government, especially on the protection of workers. The National Office for Pensions and Occupational Risk was at its very initial stages as the coverage was low.

Regarding tax exemptions, the delegation said that it was true that the World Bank Report had stated that tax exemptions for 2013 were greater than those recommended. The law exempted non-governmental organisations and Embassies from taxes. If products were available locally, there would be no exemption for equivalent imported products. The Government was trying to increase the tax base.

Questions by Experts

An Expert inquired whether compulsory schooling was only for six years, and said that if that was the case, it seemed to be insufficient. Another Expert stated that the policy to reduce school years had more negative than positive effects. What had been the experience of the State party in this area? How was the quality of teaching in institutions ensured?

What policies existed to encourage and guarantee the respect and promotion of the Batwa language and culture?

Were there plans to counter the discrimination against persons suffering from albinism in the education system?

An Expert congratulated Burundi’s achievement of primary education free of charge. The low level of attendance and drop-out rates, however, were an issue. Information received by the Committee had conveyed that only a few Batwa people graduated from the university.

There was also a problem of infrastructure and Internet access. How was the Government dealing with the internet divide - helping people deprived of the internet not because of technical, but economic and financial reasons?

An Expert stated that statistics from the United Nations Children’s Fund were similar to those of the Government on primary school attendance, but not on secondary school attendance. Did the Government agree with those statistics, and what was it doing regarding the enrollment of girls in secondary schools?

Could the delegation comment on the problem of the demise of the pottery crafting industry that was very important to the Batwa?

Mr. De Schutter said that one of the statistics showed a 50 percent female dropout rate in primary schools, while another stated the number as being over 80 percent. What were the real figures and what was the reason for this trend?

Was rural education safeguarded enough? Was human rights education taught in primary schools? To what extent was private schooling practiced and what kind of students with what kind of economic and social backgrounds attended them?

Another Expert noted that there was another minority group besides the Batwa, called the Baganua. Did the Government recognize them as a minority, and if not, what was the reason for not recognizing them as such?

Replies by the Delegation

On the protection of individuals with HIV/AIDS, the delegation said that it was difficult to find a family in Burundi in which a member was not HIV positive. Although in some rural areas there was a tendency to marginalize them, the Government was working to address the stigma.

Regarding the privatization of the coffee sector, it was explained that experts from the International Monetary Fund and World Bank had advised the Government to privatize coffee washing operations in order to counter global coffee price fluctuations. The first private enterprise to establish itself had been a Swiss company. There were also cooperatives that bought and sold coffee. Coffee growers were working on a stabilization fund which would offset the fall of coffee prices. Another problem was land management, as the gains from coffee beans were visible only three years after planting, leading to lack of revenue, and thus to subsistence farming.

On the issues of domestic violence, there were organizations that engaged people in discussions and counselling. Violence sometimes developed due to the difficult political and economic times, and it was often structural. With the establishment of the Truth and Reconciliation Commission, that was being tackled. Once the Commission was running more smoothly, there would be more improvement.

The rate of access to schools had greatly increased, the delegation said, but drop-out rates persisted due to the high level of poverty. Children, especially girls, tended to drop out of school, due to famine, as they were expected to carry out domestic activities. Together with the United Nations Children’s Fund and the World Food Programme, school cafeterias had been set up and incentives were given as measures to encourage families to send girls to school. A new programme called the Fundamental School, which was no lasted nine years, had been implemented. Human rights and reconciliation classes were also taught. An assessment system had been put in place, where in each village, there was communal teaching directorate. The level of each child was assessed through a competition after the nine-year programme.

Regarding access to education for the Batwa, that was treated in a general manner. Kirundi was the language spoken by all ethnic groups in Burundi, and they all shared more or less the same culture. The Batwa was a class of people who had been marginalized as the country had become more modern and as metal tools replaced pottery. There were Batwas with higher education and who were integrated in society, although more needed to be done.

Regarding individuals with albinism, the delegation informed that an association headed by an albino individual was very active in that area. Mindsets were changing and albinos were starting to be seen as normal human beings.

On the question of categories of ethnic groups, it was explained that the Hutu were predominantly farmers, while the Batwa specialized in pottery, and the Tutsi in livestock.

The enrollment rate in universities had increased, with a current enrollment of 20,000. There was a rule that regulated how universities functioned, but more had to be done and more resources were needed. There were many Batwas now attending university.

On questions related to the Internet, the delegation said that fiber-optic links were being worked on, and there were six major telecommunications companies providing Internet. There were many phone shops selling phones for less than 10 USD that had Internet. Now schools and health centers could access the Internet freely.

Gender parity in primary schooling had been attained in 2011, but the trend was decreasing at the secondary level. In towns, however, estimates showed that girls were more numerous than boys in secondary schools.

Regarding the Batwa and the decline of their main revenue-generating industry, namely the pottery industry, the Government was trying to address the lack of income from pottery-making by turning pottery into an arts craft and pricing these crafts at a higher level.

The delegation explained that there were over 78,000 individuals within the category of displaced persons and those were encouraged to live in villages created close to their original places of origin. However, sometimes the land they cultivated was three to four kilometres away, which posed a problem. The Government was working with those people on a voluntary basis.

On the access of girls to sanitation, the delegation said that there was now coverage of appropriate resources provided in almost 80 percent of the population. In schools, rainwater collectors had been installed, greatly benefited girls.

A whole series of steps had been undertaken on the right to life and human rights education, which were being taught in primary schools. The Truth and Reconciliation Commission was also working on it.

Regarding the Baganua, the delegation replied that with the independence of the Republic in 1962, the Baganua had been assimilated into the Batwa. Thus the category of Baganua was not yet fully recognized as a minority in the Constitution. Discussion on it was ongoing, but they were fully integrated in terms of jobs, and one of the delegation members was a Baganua.

The ubugererwa institution of slavery among the Batwa had been abolished in 1977. This trend had consisted of an individual doing work for their boss and being given something to eat or a portion of their land in return. It had continued from generation to generation. The problem lied in distribution of salary and vulnerability. The Government could not categorize a specific Batwa population that existed within that particular phenomenon, and all the individuals who had been exploited by that system had become property owners since 1977.

The Government created institutions to counter obstacles in the area of debt, tax and revenue issues. There was a revenue structure within the Government, managed by an expatriate who had managed the same type of structure in Scotland.

Follow-up Questions by Experts

Mr. De Schutter inquired whether the housing policy supported by the United Nations Development Programme was viable and whether the Government planned to continue it, as it seemed to create ghost towns with a large number of people that left and came back.

On the question of corruption, did the measures in place protect whistleblowers? How did the Government ensure that those were in practice?

Could the Delegation elaborate further on the privatization of the coffee sector, and whether that had led to resolving the right to food?

The Delegation was also asked to elaborate on labor inspections.

Another Expert inquired whether it was true that members of the judiciary were longer appointed by the Government, and if so, was that a permanent procedure or an exceptional procedure. What exactly was the nomination procedure for judges? What were the guarantees that ensure the independence of judges?

Replies by the Delegation

In response to the ghost village question, the delegation said that some villages had been established prior to the current policy to improve the housing situation. A workshop had been organized to reform the anti-corruption law so that whistleblowers could be protected.

As to the declarations of wealth, if there was a discrepancy, that could lead into an investigation of the wealth.

Regarding the land ownership policy, the delegation stated that Burundi did have a problem and there was a Swiss cooperation helping to counter it with pilot projects. Due to the lack of resources, however, that was being worked on stage by stage, and a certificate or title of ownership was necessary. Those were, in turn, provided by the certificate offices.
Many coffee cooperatives had washing stations, but the problem was the prices on the global market. Now coffee was being replaced by banana or other crops, but what was needed was to plant more coffee trees as they were more productive.

There were 12 labour inspectors and two or three controllers. That was insufficient to address all the challenges, but it was due to the lack of resources.

The independence of the judiciary would be gradually gained. As to the security of tenure of judges, a judge had to be consulted before leaving his jurisdiction to go to another. Judges could not be transferred from one place to another. The Government was committed to the security in tenure.

Concluding Remarks

OLIVIER DE SCHUTTER, Committee Expert and Country Rapporteur, warmly thanked the high level delegation which represented the Government of Burundi. The Committee was very happy that the first dialogue had taken place. He congratulated the delegation on the high level of information provided and on the fact that no question had been avoided. He recognized that the country was in a difficult situation, having to heal the scars of fifteen years of war. The Committee would adopt concluding observations on the situation in Burundi on the economic, social and cultural rights, and hoped that the Government would implement them. The Committee was there to try to help Burundi.

MARTIN NIVYABANDI, Minister of Human Rights, Social Affairs, and Gender, thanked the Committee for their questions and issues raised, and said that the delegation had learned a lot. The Government was committed to applying as many measures as possible and to keeping up with an evolving world. The Government was confident that the international community as a whole would help Burundi counter its challenges.

WALEED SADI, Committee Chairperson, stated that the Covenant had to have a higher profile in Burundi, in order to show the Government the way on how to adopt economic social and cultural rights policies. He asked the delegation to read the recommendations as fully as possible to and try to implement them.

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For use of the information media; not an official record

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