- Ministerial Ordinance N ° 530/442 of 07 April 2009 on the implementation measures of Law N °
1/32 of November 2008 on asylum and refugee protection in Burundi and on asylum procedures ;
- Ministerial Order N ° 530/443 of 07 April 2009 implementing the law n ° 1/32 of 13 November
2008 on asylum and refugee protection in Burundi and on the composition, organisation and
functioning of the Consultative Commission for Foreigners and Refugees and the Appeals
Committee;
- Ministerial Order No. 530/881 of 6 July 2009 appointing members of the Consultative
Commission for Foreigners and Refugees (CCER) and the Appeals Committee (CR);
- The adoption and promulgation of this law were followed by the creation of the National Office
for the Protection of Refugees and Stateless Persons (ONPRA) in May 2009. This body is the
secretariat of the Consultative Commission for Foreigners and Refugees (CCER) which has the
mandate of coordination and monitoring of issues relating to asylum.
161. Under this law, almost 3,000 children under the age of 18 in the camps and many unregistered
refugee children living in families of mainly Congolese origin were provided, like other refugees,
with protection of UNHCR.42
162. As of 30 April 2016, the population (refugees and asylum seekers) aged from 0 to 17 and
registered by ONPRA / UNHCR is 31,550, of which 15,567 are girls and 15,983 are boys.
43
163. With regard to unaccompanied refugee children, the "best interests of the child" criterion is
taken into account for granting refugee status. For instance, 2 Congolese children were given a
refugee status through this assessment.
i.i.) Children in armed conflicts, including specific measures taken for the protection and
supervision of children (article 22)
164. The Government of Burundi has taken legislative measures prohibiting the participation of
children in armed conflicts. For example, article 45 of the 2005 Constitution provides that "No child
may be used directly in armed conflict. The protection of children is ensured in times of armed
conflict. Burundi has also ratified the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict, adopted by the United Nations General
Assembly on 26 June 2000. In addition, Law No. 1/18 of 29 April 2006 on the status of the men of
the National Defense Force states that to be recruited in the National Defense Force as a military
man, one must be at least 18 years old.
165. However, before the cease-fire was signed, armed groups used children during the armed
conflict. From 1993 to 2001, the coalition to end the use of child soldiers estimated that 14,000
children had been involved in the armed conflict ravaging the country.
166. As early as 2002, the Government of Burundi undertook a Disarmament, Demobilization and
Reintegration (DDR) programme for children who participated in armed conflicts with the
following objectives:
42
Review of progress on the human rights situation since 2008 (the year of submission of the Universal Periodic
Review) until 2012, p.16
43
UNHCR Burundi
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