[2] The country has experienced a long history of social unrest and ethnic tension between the Hutu majority and Tutsi minority, with successive civil wars jeopardizing national development since Burundi's decolonization as a Belgian territory in 1962.
The most recent conflict broke out in 1993 with the assassination of Burundi's first democratically elected president, Melchior Ndadaye, and led to large-scale violations of human rights and general impunity.
The Constitution established cognitive institutions of State, including the Executive, Judiciary, and Legislature, with a view to promoting the rule of law and a more cogent human rights framework.
The Burundian government, however, has been reluctant in providing adequate financial support to the Commission, thus its ability to investigate serious violations of human rights is significantly compromised.
As polls closed in June, it was reported that "the voting was held against the backdrop of daily grenade blasts that threatened to push the country back into civil strife",[8] and that political freedom was severely compromised.
[9] The Burundian non-governmental organization (NGO) Commission Episcopale et Paix Archived 2020-02-04 at the Wayback Machine documented a range of violations during the elections, including campaigning before the legally authorized campaign period, assassinations, arbitrary arrests, verbal confrontations, fraud, restrictions on the right to free assembly, bribery, and hiring and firing based on political affiliation.
Four of them, the youngest of whom was 13, were released, but the remaining three were formally charged on March 18 with "insulting the head of state" which carries a jail sentence of up to five years.
General governmental and police inertia had contributed to the perception that State institutions cannot provide protection, and that citizens must be accountable for their own safety.
[14] Burundi has not ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, although it has expressed interest in amending the Criminal Code insofar abolishing capital punishment.
[3] Concern was also expressed by the Committee at the lack of provision in the Criminal Code relating to protection whilst in police custody, and available access to legal aid.
The Working Group thus recommended the national gender policy be extended to adopt an array of changes equalizing laws of succession, taxation, adultery, the selling of family assets, labour codes, and the standardization of the age of marriage.
[3] However, there was a significant lack of data pertaining to the number of sexual assaults taking place throughout the country; this was partly due to cultural prejudice, meaning some cases are not reported and instead adjudicated within the family.
The Initiative for Peacebuilding noted in a 2010 study on gender issues in Burundi[permanent dead link] that there is a strong correlation between areas of intense military activity and high incidences of sexual violence.
The report noted the saturation of the courts with cases of land disputes; the consequent judicial delay leading to violence between parties.
However, a 2008 report of the United Nations High Commissioner for Refugees noted the Commission has limited powers and 'is not able to handle disputes within expected timelines'.
[3] Amnesty International noted in its submission to the Working Group that the judiciary is hindered by corruption, a lack of resources and training, and executive interference.
NGO workers believe that many detainees receive no legal assistance, accused persons stay imprisoned without trial for long periods of time and that penal alternatives to prison sentencing must be introduced.
[20] In a report[permanent dead link] issued in March 2009, the HRC adopted all recommendations the Working Group made in respect of Burundi.
In the wake of the 2010 elections, Human Rights Watch reported that the National Intelligence Service arbitrarily practiced physical and psychological torture on members of the opposition who had been arrested on a variety of dubious charges, including 'threatening state security' and 'participation in armed groups'.
[26] Government security forces continued to commit numerous serious human rights abuses, including killings, rapes, and beatings of civilians and detainees with widespread impunity.
[31] In early 2018, Human Rights Watch published documents on how Burundi's security services and members of the ruling party Imbonerakure beat, raped, and killed suspected opponents during the month of May.
[32] On 1 June 2020, the Human Rights Watch documented serious allegations of abuse during Burundi's presidential, legislative and communal elections on May 20.