The Long Road Home - Global Rights

G L O B A L R I G H T S
Global Rights Magazine SUMMER 2005
The Long Road Home
Burundi’s Land Crisis

Photos by Maria Koulouris
C O V E R S T O R Y
4 Summer 2005 Global Rights VOICES
The
In 1972, when Etienne* was just
five years old, a brutal campaign
of ethnic violence swept Burundi,
engulfing his village in the country’s
north. Etienne’s mother, in an
attempt to avoid the cruel fate of so
many of her compatriots, fled to
neighboring Rwanda with seven
children in tow. The family left
behind two parcels of land.
Twenty-one years later, after
historical elections brought Burundi’s
first Hutu president to power,
Etienne’s family, feeling hopeful for
the future of their country, decided
the time had come to return home.
But upon arrival in Burundi, they
quickly found that they had no land
to which they could return. Their
primary family home had been
illegally occupied, the second one
was destroyed during the fighting
they had fled.
Seeking to reclaim what had been
legally theirs, Etienne turned to the
local governor for help. Recognizing
the family’s right to the land, the
governor ordered the new tenant off
the disputed property. But the home’s
wealthy new occupant simply
*Names have been changed.
Long
Road
Home
ignored the governor’s demand.
Etienne’s family received no
compensation for its loss and was
soon forced to scatter across the
country, each member settling
wherever he or she could find work.
Twelve years later, Etienne now
scrapes together just enough money
to pay his rent, unable to save enough
to buy new land or rebuild his
family’s property.
Conflicts over land are all too
common among the people of
Burundi, a small landlocked country
that borders Rwanda, Tanzania, and
the Democratic Republic of Congo.
With the country’s 6.8 million
people living in an area
approximately the size of Maryland,
population density is the second
highest on mainland Africa. The
population is growing at the
staggering rate of three percent a year
— a figure that, if maintained, will
mean a doubling of the population
every two decades. And although
only 44 percent of Burundi’s land is
arable, more than 90 percent of the
population lives in the rural
countryside (which begins just
minutes outside the capital
Bujumbura) and relies on agriculture
for their subsistence. Per capita yearly
income is just $100 and there are few
other ways to earn a living.
Family disagreements over the
inheritance and sharing of property
and the repeated sub-division of land
into ever-smaller parcels are a source
of conflict throughout the country.
Compounding this problem,
Burundi’s successive governments
have poorly managed official land
policies for decades, and Burundians
— most of whom have been dissuaded
by the lack of opportunity to raise
their individual concerns in a
traditionally centralized society —
have not, for the most part, engaged
local authorities on the issue.
Making Burundi’s land issue even
more complex, cycles of violence
have forced several waves of
refugees to flee their homes and,
upon their return, serious disputes
have arisen over the land left
behind. These disputes, many of
which involve illegal occupations
and state expropriations, threaten
Burundi’s bid for a peaceful and
stable future.

Burundi’s Land Crisis
Today, with the country now enjoying
peace for the first time in decades, the
number of people who may soon return
home is staggering. In April 2004,
roughly 140,000 Burundians still resided
in the country’s internally displaced
persons camps; at the end of the year,
almost three quarters of a million
remained in Tanzania. These figures
indicate that as the situation in Burundi
improves, nearly one in eight of the
country’s citizens may soon embark on a
return from exile. But according to
Refugees International, more than 95
percent of these displaced Burundians
have no home to which they can return.
History of the Conflict
The 1972 violence from which Etienne’s
family fled came just a decade after
Burundi gained its independence from
Belgium, a colonial power that had
privileged the country’s minority Tutsi
population and marginalized the majority
Hutus. In the years leading up to the
violence, a small sub-clan of Tutsis seized
power in a bloody coup and stripped
Hutus of all positions of authority. When
the Hutus revolted, their efforts were met
with disproportionate and systematic
violence from the Tutsi-dominated
military. In the fighting that ensued, about
200,000 Burundians were killed.Hundreds
of thousands of others,like Etienne’s family,
fled to neighboring countries, leaving
behind their land and property.
In the years that followed, this land and
property were illegally occupied,looted or,
in many cases, expropriated by the state. In
the southern city of Rumonge, for
example, where valuable palm plantations
dot the hills, the government seized
property and arbitrarily distributed it to
select businesses and powerful individuals.
Elsewhere, people simply occupied the
empty homes of those who had fled.And
conflict continued unabated.
In 1993, for the first time in Burundi’s
history, a Hutu was elected to the
country’s presidency. Before long, he
began to urge those who had fled the
violence to return home.A generation of
refugees saw hope in this change and
some, like Etienne’s family, began their
journey back to Burundi.
Just months after his election, however,
the president and several members of his
administration were assassinated —
sparking what would beome a 12 year
civil war. It is said that these killings were
motivated, in part, by the government’s
handling of land conflicts. About 300,000
men, women, and children died in this
wave of violence, and 800,000 were
displaced from their homes. Many of
these people fled to neighboring
Tanzania, while others were displaced
within Burundi, settling in squalid camps.
Like those who had fled previous periods
of conflict, these Burundians left behind
property that was soon taken over, adding
yet another layer to the country’s already
serious land crisis.
In 2000, things began to improve when
the warring parties signed the Arusha
Agreement, a comprehensive peace
settlement. Even more significantly, the
government and main rebel groups
agreed to a critical ceasfire. And in early
2005 the country held a peaceful
referendum on its post-transition
constitution, which includes a powersharing
system between Hutus and Tutsis.
A Truth and Reconciliation Commission
has been established,the security situation
has improved drastically, and general
elections will begin in June 2005. With
the possibility of peace now on the
horizon, those forced to flee Burundi’s
waves of conflicts have again begun to
return home.
Long Road Home, continued on page 6
Global Rights VOICES Summer 2005 5

Long Road Home, continued from page 5
Counselors and paralegals offer advice, Butarugera zone, province of Muyinga.
But Burundi’s government seems ill-prepared to deal with
all of the country’s potential returnees. “The government’s
attempts to deal with the land issue have been weak, at best,”
said Rene Claude Niyonkuru, of the Ngozi-based
Association for Peace and Human Rights, a Global Rights
partner. “The Arusha Agreement established a National
Committee for the Rehabilitation of Victims to address
conflicts over land, but it has been understaffed,
underfunded and ineffective.”
Adding to the problem, Burundi lacks harmonized land
laws or a comprehensive land policy and instead relies on
HELPING A COMMUNITY HEAL
6 Summer 2005 Global Rights VOICES
P artners for Justice SPEAK OUT
EMMANUEL NDABUMVIRUBUSA
Paralegal
Muyinga, Burundi
In 2000, visitors from Global Rights came to my community in
Muyinga to talk about how they wanted to help people resolve their
problems through legal clinics. They suggested that we elect
persons from our colline (hill) whom we regarded as leaders, to be
trained in problem solving at the community level. In selecting
these people, we were asked to take into account integrity,
morals, and the person’s capacity to relate to others. We also
were asked to specifically consider the inclusion of the women and
minorities among us.
At the time, I was a farmer and had been only to primary school.
But still, I was fortunate enough to be selected. Now, I serve my
community as a trained paralegal, a role that I believe is
important. Most of the problems that I help resolve are land
conflicts, especially related to returnees whose land has been
custom and outdated legislation. This includes the 1986
Land Act, which grants legal title to whomever occupies
land for at least 30 years, if no claims are made within two
to three years of this period — regardless of how the land
was obtained. The lack of coherent rules governing land
ownership has had significant implications for people like
Etienne. As Mr. Niyonkuru explained, “If Burundi is ever
to address the enormity of its land crisis, a review of these
laws and policies is critical.”
As it stands, Burundi’s courts have not been effective in
resolving land disputes. Although 80 percent of the
contentious cases in the country’s judicial system involve
conflicts over land, few Burundians have confidence in
court verdicts, fewer than half of which are ever enforced.
And for most people, even flawed legal proceedings are too
lengthy, complex, and expensive to pursue. Etienne, for
instance, says he has avoided the courts because the man
living in his family’s home could afford the legal
representation that Etienne could not. And Bashinganhahe,
local elders who historically resolved disputes out of court,
have begun to charge for their services, causing many
Burundians to question their impartiality.
How Global Rights Helps
In an attempt to address these problems, Global Rights’
Burundi program established both stationary and mobile
clinics in Muyinga, Kirundo, and Ngozi provinces to help
illegally occupied. Such problems are increasing as more people
return to Burundi from neighboring countries. In Burundi, land is
extremely important — it is what allows the population to eat, to
survive. Most Burundians are farmers like me.
I help mediate conflicts in my community and put people in touch
with the appropriate authorities so that time and resources are not
wasted seeking help from the wrong places. I also received training
on listening skills and counseling people. The benefit of this kind of
work is that it contributes directly to the community. Without this
assistance, many people would have difficulty solving their
problems. It feels very satisfying to be able to assist them.
Mediation is particularly welcomed by local populations. Judicial
proceedings are often lengthy and costly and many people don’t
have the time or resources to go through the courts. Mediation, on
the other hand, is less confrontational and takes less time than
court proceedings. Parties are happy to have successful mediations
because it means that they have reached an agreement In Burundi,
we often say that a bad agreement is worth more than the
imposition of a good decision.
The training that I received from Global Rights has allowed me to fill
gaps in my understanding of the law. Before, my community often
relied solely on custom. That now has changed. Ten years from now,
I hope people have even more trust in paralegals to help them
resolve disputes. And I hope that through my work they also have a
better understanding of their own human rights.

people solve their legal issues, most of which are landrelated.
Staffed by full-time counselors, these clinics serve
hundreds of clients each month, sometimes traveling to
remote areas to reach people who otherwise would be
unable to seek assistance. The counselors familiarize
people with their rights, help mediate conflicts, and train
paralegals — Burundians elected by their communities
because of their integrity and fairness — to serve as local
leaders.After learning about relevant aspects of Burundian
law, including the Family Code and the Land Law, these
paralegals are able to inform people about their rights and
help them resolve their disputes. When paralegals are
unable to solve a problem, they turn to the legal clinics
established by Global Rights for support.
Global Rights recently handed over two of these clinics
to partner organizations, and has gradually shifted its
focus to building the capacity of local NGOs to do the
legal clinic work themselves. Global Rights has done this
through training, mentoring, and creating legal networks
that allow partners to work with and learn from one
another. Says Louis-Marie Nindorera, Global Rights’
Burundi country director,“After several years of running
legal clinics, Global Rights has the privilege of now
being able to share its experience with local NGOs that
are providing similar services to their communities.”
These clinics provide much-needed assistance. Sylvestre
Mpawenayo, a counselor at Global Rights’ legal clinic in
Ngozi, explained: “We often say in Burundi that justice
is ill.With such a huge problem of poverty in Burundi,
people are afraid to bring cases before the courts because
they don’t have the means. Others are simply ignorant of
their rights and when they have a problem they don’t
know where to turn. The legal clinics are a source of
information for common people. When we are able to
help them by informing them of their rights, directing
them to the appropriate authorities, or resolving their
disputes, through mediation for instance, it is to the
advantage of everyone and the parties pay nothing.”
Moreover, stated Mathilde*, one of the clinic’s clients:
“Paralegals are people who have accepted a certain level
of legal responsibility vis-à-vis their community.They are
people whom we can trust.”
Just last year, Global Rights-trained paralegals successfully
obtained reparations for 24 families from Ngozi whose
land had been expropriated by the government in 1992.
Under Burundi’s Constitution, expropriation is legal if
carried out in the public interest.Yet in reality, much of
the confiscated land has been transferred to powerful
military or political elites without compensation to the
owners.And, in the years since the expropriations, much
of this land has continued to change hands.Today, many
of the original owners want to return, while those who
purchased the land and hold title to it are reluctant to
give away what they see as rightfully theirs.
Long Road Home, continued on page 18
Partners for Justice SPEAK OUT
LUCIE NIZIGAMA
Association of Women Lawyers
Bujumbura, Burundi
PROMOTING WOMEN’S LAND RIGHTS
I think my desire to help women stems from my childhood.
After my father passed away, his siblings took all of my
family’s land. My mother was left with only a tiny parcel on
which to raise our family. She struggled before the courts for
years to obtain justice for us. Ever since then, I have felt that
I wanted to do something to help women in similar situations.
Early in my career, I was the first female magistrate in Karusi
province. Almost all of the conflicts that came before me were
land-related, and most had to do with inheritance disputes.
Most often, a widow would initiate a case against her brotherin-law
after he tried to take away all of her deceased
husband’s land. I constantly was troubled by the fact that
women in my courtroom were unable to express their
concerns adequately.
I decided to join the Association of Women Lawyers because
I wanted to work directly with women on land-related issues. I
have found that when local associations stand behind
common people, authorities are more likely to resolve
conflicts properly. Although the organization is now focused
primarily on handling individual cases, we also are trying to
influence public policy. Currently, we are working on a law
protecting women’s inheritance rights.
Through the networks it has developed, Global Rights has
increased our ability to help people. One network in which we
participate is designed for Burundian NGOs that run legal
clinics for indigent communities. That network allows us to
share experiences, learn from one another, and develop joint
strategies. Global Rights also provides us with technical
training in areas such as listening, mediation, and advocacy.
With these tools, we are better able to serve our
communities.
The second Global Rights network in which we participate is
for local organizations that want to influence lawmakers on
specific human rights issues. Together, we already have
proposed amendments to key pieces of legislation, such as
the law establishing the Truth and Reconciliation
Commission, the Electoral Law, and the Constitution. This
type of work is new to most Burundian NGOs. But as the
political context has changed and opportunities now exist for
such initiatives, we have learned to do it by working alongside
Global Rights.
As part of these networks, we are better able to push our
government to respect human rights. And pursuing these
activities makes us feel strong. Slowly but surely, we can
sense that our positions are being taken more seriously.
Global Rights VOICES Summer 2005 7

Global Rights in BURUNDI
INHERITING LAND
“When one speaks of problems related to inheritance
rights, we think immediately of land because land
equals survival in Burundi,” says Espérance
Musirimu, Global Rights’ program officer in
Bujumbura. “Families never really quarrel about
inheritance of any other belongings. Land is always
the issue.”
Because there is no codified inheritance law in
Burundi, the issue is regulated by custom. And while
custom varies from province to province, in most
cases, women are at a distinct disadvantage. When a
man dies, for example, custom in a number of areas
dictates that his land is divided between only his
male heirs. In other regions, women may inherit land,
but only parcels half the size of what their male family
members may get and without the right to sell what
has been left to them. The case is particularly dire for
widows, women abandoned by their husbands, and
female divorcees whose land is frequently taken by
their husbands or his family. Such a reality
undermines the economic rights of Burundi’s women
and diminishes strides toward gender equality.
“These problems are so prevalent that we assist
female clients who are seeking to resolve
inheritance-related land disputes on a daily basis,”
said Clotilde Ngendakumana, program associate in
Global Rights’ Ngozi legal clinic. “And in addition to
providing legal services, we are now working with the
Association des Femmes Juristes (Association of
Women Lawyers) and a broader network of local
NGOs to push for a national inheritance bill that would
guarantee equality for women.”
While women face disproportionate discrimination
when it comes to inheriting land, the customs that
regulate the issue cause problems for all Burundians,
including men — signaling the need for
comprehensive land policy reforms. As the population
grows and parcels of land are sub-divided among
heirs into ever-smaller plots that are no longer large
enough for cultivating sufficient foodstuffs, the land
loses its value. Donna-Fabiola Nshimirimana, Global
Rights’ program officer in Ngozi, explained: “A parcel
of land that has been handed down to one man from
his father will need to be divided between his
offspring as well, and in most cases between the male
children alone. Each will inherit a portion of the land
and they too will bear children. When will they stop
dividing the parcel?”
18 Summer 2005 Global Rights VOICES
Long Road Home, continued from page 7
Charles*, a member of one of the families from Ngozi,
told Global Rights that his home had been demolished
by the government as part of a plan to rebuild and
beautify the city’s main road. As he explained, “My
father was born in that house … Today there are at least
six houses on that same parcel of land. On it, I grew
bananas, coffee, and various fruits. I earned my living
there, just selling coffee.That was the only land I had.”
Charles’ family never received official notification that
the demolition was to take place and saw no
paperwork certifying what had been done. They were
paid a small amount for what was on the land, but were
given nothing for the land itself or for its incomegenerating
potential.
Global Rights-trained paralegals and counselors from
the Ngozi legal clinic recently brought Charles’ case,
and others like it, to the attention of local administrators
and pushed parliamentarians to support those who had
lost their land. In the end, the paralegals were able to
obtain payment for the property that had been taken
more than a decade before.As Charles explained,“I was
stunned that I finally was compensated.”
Several months ago, after hearing about Global
Rights’ Ngozi-based legal clinic from a paralegal in
his community, Etienne stopped by. Since then,
Global Rights has met with local officials and
representatives of the National Committee for the
Rehabilitation of Victims, seeking redress for his
family’s loss. Working free of charge, the clinic has
made clear that it will pursue all appropriate
administrative, judicial, and mediation-oriented
possibilities to find a solution to his problem. Before,
Etienne said, because he was “dealing with a 30 year
old problem, I sometimes felt that nothing could be
done.” But now, he says, he is hopeful.
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