father and mother the obligation to maintain and raise the child in accordance with their situation
and means. "
66. However, in cases of abuse of parental authority, ill treatment of the child, known misconduct or
absolute incapacity, the relevant court may temporarily or permanently deprive the father or mother
of parental authority over the child. (article 298).
67. Unfortunately, although the primary responsibility for raising children lies with the parents,
many of them find it difficult to take care of them because of the precariousness of their living
conditions. These difficulties are both related to the macroeconomic situation which is not
conducive for growth and the low level of household income.
68. Thus, the poverty index shows that the population living below the poverty line is 68%, of
which 69% and 34% respectively in rural and urban areas.12 The consequence of this situation is
that the lack of family livelihood means that parents cannot raise their children in conditions that are
adequate for their survival and well-being.
c) Separation from parents (art. 19.2,3 and 25)
Children deprived of family care.
69. In accordance with paragraph 2 of Article 19 of the Charter, the Code of Persons and the Family
assigns the custody of the child to his parents (Chapter I of Title XI) unless the relevant court
decides on the separation in case of divorce or forfeiture of parental authority. In the event of
divorce, the judge decides on the placement of a child considering the interest of the child while in
the case of parental deprivation, the judge appoints a guardian. In both cases, the child does not
have the opportunity to participate in the deliberations, the primary role of which rests with the
relevant court.
70. The socio-political crisis that erupted in 1993 in Burundi has led nearly 1.2 million people to
move within the country or to seek refuge in neighbouring countries. In the best of cases, the
children moved with their parents, which did not exclude that there were unaccompanied children.
Of these IDPs, 49 per cent were under the age of 15 and 6 per cent were heads of households.
71. An analysis of the situation of children in care centres in Burundi has shown that there are
currently 98 centres with a total number of 5,520 children (2,619 girls and 2,901 boys) and that
other centres are under construction. Of the 98 care centres, 15 are for children with disabilities.
The results of this analysis also show that 50 centres were opened during the crisis period (1993 2005) and 15 centres were opened during the years 2006-2011.13
72. With a view to coordinating the management of children's care centres, the Government, with
the support of technical and financial partners, has adopted the Standards Minima for the alternative
care of children deprived of family care. The Child and Family Department of the Ministry of
12
UNICEF, National Study on Child Poverty and Disparities in Burundi, June 2009, p.12
13
Minima de standards pour les enfants en institutions ou privés d’un environnement familial au Burundi,
Décembre 2011, p. 5
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