“These are the Conflicts that Destroy Families and Communities:”

Conflicts over Land in Post-War Burundi

Kelsey Jones-Casey

Land Tenure Associate, Landesa Great Lakes Policy Forum

February 8th, 2012

Johns Hopkins School of Advanced International Studies Washington DC

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OUTLINE OF TODAY’S TALK

I.  Environment shaping land conflicts in Burundi

A.  Population density & land scarcity B.  Return of Refugees & IDPs C.  The new Land Code

II.  Nature of these conflicts A.  Types of land conflicts B.  [Film clip] C.  Women’s rights to land

III.  Addressing land conflicts A.  Dispute resolution mechanisms B.  Mitigation of conflicts C.  Land formalization

IV.   The road ahead

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CONTEXT OF LAND CONFLICT IN BURUNDI

1.  Population Density and Land Scarcity

2.  Return of Refugees and IDPs 3.  The New Land Code

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POPULATION DENSITY AND LAND SCARCITY

Photos: Debbie Espinosa, Landesa

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POPULATION DENSITY AND LAND SCARCITY

•  Population increased 6.8% from 2003 to 2011, and is expected to double before 2030.

•  Population density increased from 219 to 367 people per square kilometer.

•  Average land holding is .5 to .7 hectares, divided between 2 to 4 parcels.

•  Burundi is very dependent on agriculture.

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RETURN OF REFUGEES AND IDPs

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THE NEW LAND CODE

Photo: Global Rights

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1.  Creation of a new National Lands Commission 2.  Creation of commune-level land offices and

pilot certification 3.  Limits on expropriation 4.  Limits on conversions of state land 5.  Transfer of ownership of paysannat lands

INNOVATIONS OF THE NEW LAND CODE

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TYPES OF LAND CONFLICTS IN BURUNDI

•  Ownership conflicts •  Boundary conflicts •  Conflicts over purhcase and sale •  Inheritance conflicts •  Conflicts related to state expropriate •  Landlessness

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Film Clip: “Burundi: The Battle for the Land”

YouTube link: http://youtu.be/S89itO3dHw8?t=48s (:48 to 4:58)

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WOMEN’S ACCESS AND RIGHTS TO LAND

Photo: Debbie Espinosa, Landesa

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MECHANISMS FOR DISPUTE RESOLUTION

•  Customary dispute resolution •  Local authorities & CNTB •  NGOs and community based organizations

Photo: Jane Boles, Flickr

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MITIGATION OF LAND CONFLICTS

•  Awareness-raising and sensitization •  Collaboration with CNTB •  Alternative livelihoods & land improvement •  Land governance, administration, formalization

Photo: UNDP, Flickr

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FORMALIZATION OF LAND RIGHTS

Photo: Swiss Cooperation, Burundi Land Tenure Program

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THE ROAD AHEAD

1.  Reduce pressures on land 2.  Coordinate mediation activities 3.  Decentralize of land administration 4.  Bridge the gap between statutory and customary law 5.  Further succession law

Photo: Debbie Espinosa, Landesa

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COMMENTS OR QUESTIONS?

“These are the Conflicts that Destroy Families and Communities:”

Conflicts over Land in Post-War Burundi

Kelsey Jones-Casey Research & Land Tenure Associate

Landesa | Rural Development Institute kelseyjc@landesa.org