Burundi: Land policy making in a conflict-prone country

University of Antwerp Burundi: Land policy making in a conflict-prone country Dominik Kohlhagen kohlhagen@gmx.net

University of Antwerp

Burundi

Burundi Violent past Independence from Belgium in 1962 Large scale killings in 1972, 1988, 1991, 1993 Civil war from 1993 to 2008 Political instability Economy relying on agricultural sector Land conflicts as a central issue 70 % of cases in court are land conflicts Strong resistance against court decisions Contestation of traditional judicial authorities Growing land shortage (average plot size 0.4 ha) Massive return of refugees, population growth

Mediation of disputes involving returnees Legal recognition of local land rights Rehabilitation of the Local Court system Creation of rural villages

Ministry of Repatriation Mediation of disputes involving returnees Mediation of disputes involving returnees Special commission: Commission Nationale Terres et autres Biens ADR / mediation at local level Commission involving local authorities and church leaders Competence to arbitrate when mediation fails Mandate limited in time: 2006-2009, 2009-2012, (+): High success rate (-): Politicization / ethnicization of Commission presidency

Ministry of Repatriation Mediation of disputes involving returnees Legal recognition of local land rights Rehabilitation of the Local Court system Creation of rural villages

Rehabilitation of the Local Court system Very high density of courts (134 local courts) High litigation rates 70% of cases related to land Rehabilitation through reconstruction and training Public consultations on reform needs (introduction of ADR) (+): Increase in filed cases and judgments (-): Corruption, difficulties to enforce decisions Rehabilitation of the Local Court system Ministry of Justice

Ministry of Repatriation Mediation of disputes involving returnees Legal recognition of local land rights Rehabilitation of the Local Court system Ministry of Justice Creation of rural villages

Interministerial Coordination Unit Legal recognition of local land rights Legal recognition of local land rights Creation of decentralized municipal land services (<129) Formal recognition of (untitled) land rights Affordable and accessible procedure Pilot project legal recognition since 2011 (+): Increased tenure security (expected) (-): Limited protection for women & ethnic minorities, risk of conflicts

Ministry of Repatriation Interministerial Coordination Unit Mediation of disputes involving returnees Legal recognition of local land rights Rehabilitation of the Local Court system Ministry of Justice Creation of rural villages

Creation of rural villages Traditionally scattered habitat in Burundi Creation of peace villages for landless returnees Political intention to generalize villagization (since 2010) Draft villagization policy 2011 (+): Better access to infrastructures, development of service sector (-): Absence of feasibility studies, lack of coordination in existing villages? Creation of rural villages Presidency / Min. of Urban Planning

Ministry of Repatriation Interministerial Coordination Unit Mediation of disputes involving returnees Legal recognition of local land rights? Rehabilitation of the Local Court system Ministry of Justice Creation of rural villages Presidency / Min. of Urban Planning

Ministry of Repatriation Interministerial Coordination Unit Mediation of disputes involving returnees Food security? Women s rights? Legal recognition of local land rights? Rehabilitation of the Local Court system Ministry of Justice Creation of rural villages Presidency / Min. of Urban Planning

Ministry of Repatriation Interministerial Coordination Unit Mediation of disputes involving returnees Food security? Thank you Women s rights? Legal recognition of local land rights? Rehabilitation of the Local Court system Ministry of Justice Creation of rural villages Presidency / Min. of Urban Planning

University of Antwerp Thank you Dominik Kohlhagen kohlhagen@gmx.net

Dominik Kohlhagen kohlhagen@gmx.net University of Antwerp

University of Antwerp