The African Commission on Human and Peoples' Rights (the Commission) undertook a promotion mission to the Republic of Burundi from 18 to 21 March 2025. This mission, the third following those of March 2000 and February 2004, falls within the framework of the Commission's promotion mandate as set out in Article 45(1) of the African Charter on Human and Peoples' Rights (the African Charter). The mission's objectives included engaging in dialogue with the Government of Burundi and the various stakeholders on the legislative, institutional and other measures taken to give effect to the provisions of the African Charter and other instruments regularly ratified by the Republic of Burundi.
The mission was also an opportunity to assess the progress made by Burundi and the challenges that remain, and to raise awareness of the importance of ratifying the various human rights conventions that have not yet been ratified.
The Commission delegation consisted of :
- The Honourable Commissioner Rémy Ngoy Lumbu, President 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 Elderly and Disabled People in Africa.
The delegation was assisted on site by Ms Estelle Nkounkou Ngongo, Legal Adviser at the Commission Secretariat, and in duplex mode by Mr Bruno Menzan, Legal Adviser at the same Secretariat, specifically responsible for providing technical support to the Country Rapporteur.
The delegation began its mission with a courtesy visit to the Ministry of Foreign Affairs and Development Cooperation, where it was received by the Minister of the Civil Service and the Permanent Secretary of the Ministry of National Solidarity, Social Affairs, Human Rights and Gender.
During the meeting, 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 the field, in order to ensure that the obligations contained in the Charter are taken into account by the Burundian authorities.
The delegation also held discussions with the office of the Parliament, the President of the Constitutional Court, the President of the Supreme Court, the Prosecutor General of the said Court, the Directorate 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.
The delegation held a working session with technical experts from the various ministries to discuss relevant issues relating to the implementation of the rights contained in the African Charter and visited the Bubanza prison.
It 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 on mission.
The delegation was received by the Minister of Solidarity, National Solidarity, Social Affairs, Human Rights and Gender in order to discuss the preliminary conclusions of the mission.
As part of the progress made, the delegation noted, among other things, the personal commitment of the President of the Republic to the issue of human rights, the existence of an effective legal framework for the implementation of the protection of human rights in Burundi, in particular through the direct incorporation into the national legal order of all the Conventions duly ratified by the Republic of Burundi (art 19 of the Constitution), the dynamism of the Constitutional Court, which examined cases of human rights violations before the promulgation of the law of 30 December 2024, The Ombudsman's willingness to collaborate with the ACHPR in the protection and promotion of human rights, police training on human rights issues and international humanitarian law, judicial mapping covering all administrative subdivisions of the country, from the bottom to the top, free health care for pregnant women and children under five, the efforts made to combat statelessness (the case of the Omanis) and the implementation of a strategy aimed at achieving universal medical coverage.
The Delegation is also pleased to note the programmes developed by the various ministries that incorporate a human rights-based approach, in particular the creation of an agricultural bank, a youth bank and a women's bank to help empower women.
It congratulated the government on welcoming refugees from the Democratic Republic of Congo.
It salutes the commitment of the Burundian authorities to ratify the texts that have not yet been ratified and to submit its combined periodic reports to the African Commission on Human and Peoples' Rights during this quarter.
However, the delegation notes the persistence of several challenges that hinder the effective protection of human rights. These include the dilapidated state of prisons, the inadequacy of the meals offered to prisoners, prison overcrowding, prolonged pre-trial detentions and the duration of police custody of 7 days, the failure to separate convicted and remand prisoners as well as military and common law detainees, the absence of a doctor and a ward at the prison infirmary, the absence of an education and leisure programme. It also notes the government's difficulty in providing adequate care for refugees due to the lack of resources and the inability of humanitarian organisations to provide adequate assistance because of the budget restrictions they face.
A detailed report on the mission will be produced at a later date, but the delegation already encourages the Burundian government to :
- Strengthen its commitment, programmes, plans and policies for the promotion and protection of human rights ;
- Take the necessary urgent measures to improve prison conditions, by providing prisoners and detainees with adequate food and reducing the length of pre-trial detention;
- Continue to apply alternatives to detention and imprisonment, as stipulated in the Penal Code, in this case probation and/or community service;
- Implement a training programme for prison officers;
- Plan the construction of new prisons;
- Continue efforts to empower women and ensure their representation in decision-making bodies;
- Pursue positive actions for young people, in particular to empower them financially;
- Put an end to the refusal to register children born out of wedlock or not recognised by the father, in order to avoid putting them in a situation of statelessness;
- Ratify the relevant regional and international human rights instruments, as it has undertaken to do;
- Submit its combined periodic reports to the African Commission on Human and Peoples' Rights during this quarter.
The delegation expresses its gratitude to the Burundian government for the facilities made available during the mission and for the constructive dialogue with all stakeholders.
In particular, it expresses its deep gratitude to the President of the Republic, His Excellency Evariste Ndayishimiye, for authorising this promotion visit.
Appreciations, are also due to his Government, particularly to the Minister of the Civil Service for the audience granted to the delegation, and to the Minister of Solidarity, National Solidarity, Social Affairs, Human Rights and Gender, who was the mainstay of the organisation of this mission, as well as to his colleagues and to the Protocol services of the Ministry of Foreign Affairs and Development Cooperation.
The mission ended with a meeting with the media and a press conference.
Bujumbura on 21 March 2025
