The Long Road Home - Global Rights

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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