Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law prohibits rape, including spousal rape, with penalties of up to 30 years’ imprisonment. The law prohibits domestic abuse of a spouse, with punishment if convicted ranging from fines to three to five years’ imprisonment. The government did not enforce the law uniformly, and rape and other domestic and sexual violence continued to be serious problems.
In 2016 the government adopted a law that provides for the creation of a special gender-based crimes court, makes gender-based violence crimes unpardonable, and provides stricter punishment for police officers and judges who conceal violent crimes against women and girls. As of October the special court had not been created, and no police or judges had been prosecuted under the law.
The Unit for the Protection of Minors and Morals in the National Police is responsible for investigating cases of sexual violence and rape, as well as those involving the trafficking of girls and women. The government, with financial support from international NGOs and the United Nations, continued civic awareness training throughout the country on domestic and gender-based violence and on the role of police assistance. Those trained included police, local administrators, and grassroots community organizers. The government-operated Humura Center in Gitega provided a full range of services, including legal, medical, and psychosocial services, to survivors of domestic and sexual violence. As of early September, the center had received 627 cases of sexual and gender-based violence and domestic violence.
The 2018 UN COI report stated that officials and members of the Imbonerakure were responsible for cases of sexual violence, including cases in which women were targeted because they or relatives were supporters of the political opposition. Credible observers stated many women were reluctant to report rape, in part due to fear of reprisal or social stigma.
Sexual Harassment: The law prohibits sexual harassment, including the use of threats of physical violence or psychological pressure to obtain sexual favors. Punishment for conviction of sexual harassment may range from a fine to a prison sentence of one month to two years. The sentence for sexual harassment doubles if the victim is younger than 18. The government did not actively enforce the law. There were reports of sexual harassment but no data on its frequency or extent.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.
Discrimination: The law provides for equal status for women and men, including under family, labor, property, nationality, and inheritance laws. Women continued to face legal, economic, and societal discrimination, including with regard to inheritance and marital property laws.
By law women must receive the same pay as men for the same work, but they did not (see section 7.d.). Some employers suspended the salaries of women on maternity leave, and others refused medical coverage to married female employees. The government provided only limited resources to enforce labor laws in general and did not enforce antidiscrimination laws effectively.
On June 26, the minister of education released a guidance letter stating that female primary and secondary school students who became pregnant or were married during the course of their studies would not be allowed to reintegrate into the formal education system, but could pursue vocational training. This provision also applied to male students believed to have had sexual intercourse leading to pregnancy, but did not affect married male students. Prior to this guidance, female students who became pregnant were required to seek the permission of the Ministry of Education to re-enter school and then transfer to a different school, leading to high dropout rates; male students were not subject to this requirement. On July 27, the minister revoked the guidance and announced the establishment of a committee to facilitate the reintegration of students, including pregnant students, who “face any challenges during the academic year.” As of September the committee was in the process of determining its terms of reference.
In May 2017 President Nkurunziza signed into law regulations requiring unmarried couples to legalize their relationships through church or state registrations. The Ministry of the Interior subsequently announced that couples who did not marry before the end of 2017 could face fines of 50,000 francs ($29), based on the provisions of the criminal code against unmarried cohabitation and that children born out of wedlock would not be eligible for waivers on primary school fees and other social services. The campaign was subsequently extended into 2018, and there were no reports of the threatened consequences being implemented. Government officials continued campaigns during the year to implement the president’s decree.
Birth Registration: The constitution states that citizenship derives from the parents. The government registers, without charge, the births of all children if registered within a few days of birth and an unregistered child may not have access to some public services. For additional information, see Appendix C.
Education: Education is tuition-free, compulsory, and universal through the primary level, but students are responsible for paying for books and uniforms. Secondary students must pay tuition fees of 12,000 Burundian francs ($6.75) per quarter; secondary school is not compulsory. Throughout the country provincial officials charged parents informal fees for schooling at all levels.
Child Abuse: The law prohibits violence against or abuse of children, with punishment ranging from fines to three to five years’ imprisonment, but child abuse was a widespread problem. The penalty for conviction of rape of a minor is 10 to 30 years’ imprisonment.
The traditional practice of removing a newborn child’s uvula (the flesh that hangs down at the rear of the mouth) continued to cause numerous infections and deaths of infants.
Early and Forced Marriage: The legal age for marriage is 18 for girls and 21 for boys. Forced marriages are illegal and were rare, although they reportedly occurred in southern, more heavily Muslim, areas. The Ministry of the Interior continued an effort to convince imams not to officiate over illegal marriages. For additional information, see Appendix C.
Sexual Exploitation of Children: The minimum age for consensual sex is 18. The penalty for conviction of commercial sexual exploitation of children is 10 to 15 years in prison and a fine of between 500,000 and 2,000,000 Burundian francs ($283 and $1,130). The law punishes conviction of child pornography by fines and three to five years in prison. There were no prosecutions during the year.
Women and girls were smuggled to other countries in Africa and the Middle East, sometimes using falsified documents, putting them at high risk of exploitation.
Displaced Children: Thousands of children lived on the streets throughout the country, some of them HIV/AIDS orphans. The government provided street children with minimal educational support and relied on NGOs for basic services, such as medical care and economic support. Independent Observers reported that children living on the streets faced brutality and theft by police and judged that police were more violent toward them during the 2015 political unrest than previously. A government campaign to “clean the streets” by ending vagrancy and unlicensed commerce, begun in 2016, resulted in the detention of hundreds of persons living or working on the streets. The Council of Ministers approved a roadmap in 2017 for ending vagrancy that would require the return of detained children and adults to their communes of origin; as of October this provision was not implemented. The government established a goal of having no children or adults living on the streets by the end of 2017, but did not meet the goal. Arbitrary arrests and detentions of persons including children living on the streets continued.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
No estimate was available on the size of the Jewish community. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution prohibits discrimination against persons with disabilities, but the government did not promote or protect the rights of persons with disabilities. Although persons with disabilities are eligible for free health care through social programs targeting vulnerable groups, authorities did not widely publicize or provide benefits. Employers often required job applicants to present a health certificate from the Ministry of Public Health stating they did not have a contagious disease and were fit to work, a practice that sometimes resulted in discrimination against persons with disabilities.
No legislation mandates access to buildings, information, or government services for persons with disabilities. The government supported a center for physical therapy in Gitega and a center for social and professional inclusion in Ngozi for persons with physical disabilities.
The Twa, the original hunter-gatherer inhabitants of the country, numbered an estimated 80,000, or approximately 1 percent of the population, according to the OHCHR. They generally remained economically, politically, and socially marginalized. By law local administrations must provide free schoolbooks and health care for all Twa children. Local administrations largely fulfilled these requirements. The constitution provides for three appointed seats for Twa in each of the houses of parliament, and Twa parliamentarians (including one woman) hold seats.
In June a representative of a Twa rights organization stated in the newspaper Iwacu that several Twa had been victims of vigilante killings during the year after being accused, justly or unjustly, of crimes by other citizens. Although the organization did not suggest complicity by government authorities or security services, the representative stated that some local officials had questioned the need for investigating the killings since the victims were accused of criminal acts.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
In 2009 consensual same-sex conduct was criminalized. Article 567 of the penal code penalizes consensual same-sex sexual relations by adults with up to two years in prison if convicted. There were no reports of prosecution for same-sex sexual acts during the year. There were cases, however, of harassment, intimidation, arbitrary arrests, and demands for bribes by police officers and members of the Imbonerakure targeting lesbian, gay, bisexual, transgender, and intersex individuals.
The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care, and societal discrimination against LGBTI persons was common.
Other Societal Violence or Discrimination
Criminals sometimes killed persons with albinism, particularly children, for their body parts to be used for ritual purposes. Most perpetrators were reportedly citizens of other countries who came to kill and then departed the country with the body parts, impeding government efforts to arrest them. According to the Albino Women’s Hope Association chairperson, society did not accept persons with albinism, and they were often unemployed and isolated. Women with albinism often were “chased out by their families because they are considered as evil beings.”