The Long Road Home - Global Rights

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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of the problems that I help resolve are land conflicts, especially related to returnees whose land has been custom and outdated legislation.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
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