The judge, the woman and the land in Burundi

This is the title of the policy brief just published by the Land and Development Expertise Center (LADEC) www.ladec.bi.

Since the 1960s, jurisprudence has corrected the injustices of custom in terms of access to and enjoyment of land, based on the principles of humanity and equity in favor of certain categories of women and girls. Following the ratification of international conventions by which Burundi undertook to apply the principles of equality and non-discrimination, principles which are also enshrined in the Constitution of Burundi, we are witnessing the emergence of case law enshrining equality between men and women in terms of access to land, as published in Volume 5 of the Revue de Jurisprudence of the Supreme Court of Burundi. Recently, however, the President of the Supreme Court of Burundi issued a Note (N°552/01/1287/CS/2024) which appears to backtrack on Burundi's strategic policies, the Constitution and advances in women's inheritance rights.

This policy brief published by LADEC shows that, despite remaining resistance, this evolution towards equality is consistent with the change in mentalities observed in Burundian society, including in rural areas. It presents the progress made in legal and practical terms on the delicate issue of women's inheritance, and examines the socio-legal basis of the setbacks observed, particularly in relation to Burundi's development policy orientations.