Burundi is a constitutional republic. In 2005, 90% of its citizens voted to adopt a new constitution. In the first election in more than 12 years, the bicameral Parliament elected the sole candidate as President, ending the 4-year transition under the Arusha Peace and Reconciliation Agreement. The elections were deemed free and fair, although not without difficulties. Shooting and intimidation affected some polls. By-elections have been held, and European Union observers judged elections for the National Assembly to be free and fair.

Constitutional requirements set ethnic and gender quotas; an additional 18 members were appointed after the elections to meet the quotas. Senate (upper house) elections are through an indirect process whereby electoral colleges of councillors chose the senators. 60% of seats in the National Assembly are filled by Hutus and 40% by Tutsis, who constitute about 15% of the population. Military posts are divided equally between Hutus and Tutsis. 35 political parties were recognised. 30% of National Assembly seats and 30% of Senate seats are reserved for women. There are 37 women in the 118-seat National Assembly and 17 women in the 49-seat Senate; women also hold 7 of 20 ministerial positions. Quotas have been set to maintain the ethnic balance in the government; for example, 3 members of the Twa ethnic group, which composes less than 1% of the population, are in government.

Most of the country is now calm, but armed conflict with the Party for the Liberation of the Hutu People / National Liberation Front (PALIPEHUTU-FNL) continues around the capital. Food shortages, poverty, a lack of infrastructure and a high foreign debt load contribute to a very difficult situation. Reports of politically motivated arrests continue to be made. Corruption and mistreatment of prisoners are cited, as are reports of mob violence, lynchings and the killing of suspected witches. There are reports of torture by security forces at illegal detention centres and of rape being used as a weapon of intimidation.

Constitutionally, the judiciary is independent, but reports cite executive domination, inefficiency and bribery as problems. Judicial reform is a priority of the Arusha Accord, but little progress has been made. A traditional system of arbitration (Bashingantahe), conducted by elders, is limited to civil and minor criminal matters.

Discrimination on the basis of gender, origin, ethnicity or opinion is illegal, but the legislation is not enforced and abuses persist.
Impunity and corruption are problems. Corruption is said to affect public services, including the assignment of school grades in education. A portion of the government's revenues and expenditures remain off-budget, allowing public funds to be used without account. Transparency International's 2006 Corruption Perceptions Index cites citizen perception of corruption as severe.

Freedom of speech and of the press are guaranteed but restricted in practice. Freedom of the press worsened during the period leading up to the elections. Journalists are arrested, harassed and detained and as a result practise self-censorship; yet diverse political views are sometimes expressed. Defamation is punishable and the government exercises strong editorial control of the media. Radio is the most important medium of public information, and foreign news is available. Access to government information is not provided for in law.

Discrimination against persons with HIV/AIDS or other incurable illnesses is prohibited. Marriage between individuals of the same sex is banned, and social discrimination against homosexuals is widespread.

Burundi is a source and transit country for children trafficked as child soldiers. Public awareness campaigns to prevent trafficking are held, and the demobilisation of child soldiers is proceeding slowly.

A large number of children orphaned by violence since 1993 and by HIV/AIDS require urgent assistance to attain education. Legally, schooling is compulsory up to age 12, but this is not enforced. Primary school is not free and is increasingly unaffordable due to the decline in the economy.

In September 2005, primary school fees were abolished, but the costs of uniforms, textbooks and other school materials have to be borne by families. The removal of tuition costs led to an educational emergency, with overcrowded classrooms and teachers working multiple shifts. Class sizes are said often to exceed 150 students per teacher. Shortages of buildings, desks, textbooks and teachers are noted.

The net primary school enrolment rate is 48% for girls and 59% for boys. Grade 6 is the highest level of education attained by most children. 9% of girls and 12% of boys of secondary school age attend school.

NGOs run centres for orphaned and vulnerable children in different parts of the country. 60% of school-age children are illiterate. Female illiteracy is a particular problem. 40% of women are literate compared with 56% of men. 25% of primary schools were destroyed during the war, and many teachers were killed. Teacher training was interrupted, and qualified teachers are difficult to find.

A study of the obstacles to girls' education has found that unwanted pregnancy is the second highest cause of premature school leaving.

A 3-year programme begins at age 4. 60% of ECE is provided privately. 318 teachers (92% female) work at this level. 66% are trained. The pupil/teacher ratio (PTR) is 28 : 1.

The Net Enrolment Rate (NER) for primary education is 57% (60% of boys, 54% of girls). At this level 2% of education is private. 18,899 teachers (54% female) work in this sector. 29% of students repeat a grade level (48% of them girls). 55% of those who enrolled in first grade enter the last grade of primary school. The PTR is 51 : 1.

Age 13 is the start of secondary education, and it lasts for 7 years. The NER for secondary education is very low at 10% (11% of boys, 8% of girls). 28% of students repeat a grade level. 8% of students study in vocational education programmes. 8,047 secondary teachers (21% female) have a PTR of 19 : 1, and 37% of secondary teachers are trained.

18,868 students study in tertiary institutions. 895 study abroad, mainly in Belgium (193), France (186), Italy (99), USA (80) and Germany (37).

UNICEF launched a campaign to protect over 30,000 children living with or affected by HIV/AIDS. An NGO report estimates that at least 230,000 children are HIV/AIDS orphans, having lost a custodial parent or both parents. The total number of orphans in the country is more than 970,000. Over 5,000 children live on the streets. Police round them up and take them to shelters.

Discrimination against those with physical or mental disabilities is illegal, but their access to education or health care is difficult to attain. There are few job opportunities for persons with physical disabilities.

348 children live in prisons and are often treated as adults. Security forces use children to perform menial tasks without compensation; 3,015 child soldiers have been demobilised. Educational opportunities for all special needs children are desperately needed.

The law provides for the granting of refugee status or asylum in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol. The country is also a party to the Organisation of African Unity Convention Governing Specific Aspects of Refugee Problems in Africa. The government has established a system for providing protection to refugees and granting refugee status and asylum. The UNHCR facilitated repatriation of some 65,000 refugees from neighbouring countries. 117,000 long-term internally displaced persons (IDPs) live in 160 sites nationwide. Many IDPs have no documents to prove ownership of land, and their homes have been razed.

Education is still often unattainable for IDPs, returning refugees and children and young adults who were involved in the fighting. For returning refugee children, differences in language, especially for those returning from English/Swahili speaking Tanzania, the curricula and schooling systems often cause them to be placed in classes with much younger children and to be ostracised by peers and teachers.

The Tutsis, particularly southern Tutsis, historically held power, dominated the economy and controlled the security forces. Discrimination against Hutus, who made up an estimated 85% of the population, affected every facet of society but most strikingly in higher education and government. The Hutu presence and power in the government have been increased by the adoption of a new constitution requiring ethnic quotas on representation within the government and in the military. The Twa (Pygmies) are believed to be the country's earliest inhabitants, and they compose approximately 1% of the population. They remain economically, socially and politically marginalised. Most Twa live in isolation, without formal education and without access to government services.

The government banned the sale of and publicity for a book written by the leader of Diomede Rutamucero. There are no legal restrictions on academic freedom, but the political climate and the restrictions on journalists do not encourage it. There are no restrictions on Internet use, but it is unavailable in much of the country and expensive.

Women are penalised by discriminatory inheritance and property laws as well as by credit practices. Women are entitled to equal pay for work of equal value, but the legislation is not enforced. They are less likely to hold mid- or high level positions. Women have fewer educational opportunities than men. They perform most of the farm work. Police officers are accused of detaining women for moral offences, which can include wearing clothing deemed inappropriate; the women are released after paying a fine.

Domestic violence is common. Women can charge their husbands with physical abuse but rarely do so, and police are loath to intervene in domestic disputes. Sexual harassment is not prohibited by law. Reports cite rape of women by the FDN and the PALIPEHUTU-FNL. Many rapes of young girls are committed in the belief that this well prevent or cure sexually transmitted diseases including HIV/AIDS.

The PALIPEHUTU-FNL forced rural populations, including children, to transport supplies and weapons. The minimum age for military recruitment is 16. There are said to be 7,000 child soldiers, 3,015 of whom were demobilised by a UNICEF project. Security forces were no longer using children for combat, but they are used as spies and porters. The PALIPEHUTU-FNL continues to use and recruit child soldiers. Children under 18 can be employed for work provided it does not prejudice their schooling.

In practice, children perform heavy manual labour in the daytime during the school year. According to the ICFTU, the vast majority of children in the country work. Children are legally prohibited from working at night, although many do so in the informal sector and in subsistence agriculture. Child labour also exists in mining and brick-making. Legislation prohibiting child labour is poorly enforced.

Workers can form and join trade unions, except for the army, police and foreigners working in the public sector. Private sector employers are accused of preventing the creation of trade unions. Less than 10% of the formal private sector is unionised, though 50% of the public sector is unionised. Most people are employed in the unregulated informal economy and have no legal protection.

The General Secretary of the Confederation of Burundian Labour Unions (COSYBU) was prevented from travelling to attend an ILO Conference. While the right to collective bargaining is permitted, public sector wages are excluded from the scope of bargaining. Workers have a conditional right to strike. All peaceful means of resolution must be exhausted prior to strike action. Forced or compulsory labour is illegal, but reports indicate that it occurs.

The legal minimum wage for unskilled workers is US$0.15 (160 Burundian francs) per day, which does not provide a decent standard of living for a worker and family. Most families rely on second incomes and subsistence agriculture to supplement earnings. An 8-hour workday and a 45-hour work week are not always enforced. COSYBU reports that in 2005 trade unions gained the right to assemble and demonstrate; these rights had been denied for some time.