Virtual hearings were recognized by the judiciary due to UNDP’s advocacy and expert contributions. This innovation, combined with UNDP-supported inspections of penitentiary facilities, enabled the decongestion of detention places and had a positive effect on the fulfilment of the rights of persons deprived of liberty. The number of people held in pre-trial detention reduced by 34 percent. Through advocacy and legal assistance, 1,794 people, including 44 women, were released, recovering their freedom and dignity.
Using its convening power, UNDP enabled synergic actions of the judiciary, the national land commission and local administrations to accelerate the resolution of land litigations and issue land certificates, focusing on women and returnees. In total, over 22,000 land certificates were issued, including nearly 2,000 certificates received by women. Court backlogs in two provinces reduced by 60 percent, as land conflicts constituted over 80 percent of cases. Almost 4,000 returnees recovered their land rights through mobile courts which contributed to their sustainable reintegration and to social cohesion in areas where they returned.
A portfolio on strengthening the rule of law, access to justice and social cohesion was developed for the period 2024-2027, with support from UNDP’s Crisis Bureau and the Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme). The portfolio will build upon the results achieved through the work funded by the Global Programme and other interventions, encouraging complimentary and integrated actions.
In Burundi, legislative reforms were introduced in the justice sector, the presidential pardon was enforced, and two laws were revised: the Code of Judiciary Organization and Competences, and the Code of Civil Procedure. Major changes include the shift from a collegial to a ‘single judge’ system in certain matters, and the assignment of prosecutors to local courts. These reforms aim to improve the quality of and access to justice services at the local level and to reinforce accountability of the judiciary.
With UNDP support, a new mechanism for online hearings was introduced to organize court hearings in 11 provinces that do not have prison facilities. The inmates are located in other regions, and the treatment of their cases is delayed because of the jurisdiction issues. UNDP supported the elaboration of legal tools and organized trainings, in collaboration with the Ministry of Justice and the judiciary. Around 60 justice professionals who will use the online mechanism (including 18 women) benefitted from the training.
In addition, UNDP supported the Independent National Human Rights Commission (INHRC) and the Office of the General Prosecutor to conduct human rights monitoring visits to prisons and other places of detention throughout the country. As a result, certain human rights concerns were addressed and the number of people held in pre-trial detention was reduced by 34 percent. These initiatives had a positive effect on improving the rights of prisoners and decongesting prisons. UNDP also supported legal aid and judiciary assistance, allowing 1,794 people (including 44 women) to be released, recovering their freedom and dignity.
Through a synergic approach, UNDP supported mobile courts on land litigation, at the same time promoting alternative mechanisms for land conflict resolution and advocating for women’s access to land and property. All these combined actions have facilitated land certification, reducing the number of land conflicts by 60 percent and unburdening courts, as land disputes constitute 80 percent of judicial workload at the local level. The provinces with the highest rates of land conflicts and with a high number of displaced persons were prioritized. Around 4,000 returnees recovered their land which contributed to their sustainable reintegration. A total of 22,428 land certificates were issued, including 2,000 certificates received by women.
UNDP supported its national partners in combatting gender-based violence. A one-stop centre was established in the province of Rumonge, coordinated by the Ministry of Gender. UNDP also supported the specialized chambers under the Ministry of Justice for rapid consideration of gender-based violence cases.
Progress was made to operationalize the radio station “Radio Justice,” a long-standing UNDP initiative aimed at contributing to legal empowerment and access to critical legal and judicial information, especially for women. Despite previously reported bottlenecks, UNDP completed administrative, legal and procurement procedures that will enable the station to go on air in 2024.
Lessons learned and good practices
Judicial backlogs in land matters were reduced due to the synergies between state and international actors. It is key to ensure national ownership of this process and to continue mobilizing funds to sustain the gains and make further progress. Continued financial and technical support from UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme) had a catalytic effect on this process in Burundi, enabling sustained interventions and advocacy.
Supporting the new paralegal mechanism, Des Notables Collinaires, at the grassroots level proved to be effective as their legal and justice services contribute to reducing the number of conflicts at the community level and to reducing judicial backlogs. Des Notables Collinaires is a community-based mechanism with a recognized limited judiciary competence for civil cases, mainly for land-related cases.
Looking forward
A portfolio on strengthening the rule of law, access to justice and social cohesion was developed for the period 2024-2027, with the support from UNDP’s Crisis Bureau and the Global Programme. The portfolio will build upon the results achieved through the work funded by the Global Programme and other interventions, encouraging complimentary and integrated actions. The portfolio approach will be instrumental to addressing the complex and interconnected challenges that hinder the rule of law, access to justice, social cohesion and community security in Burundi.
According to the Common Country Assessment and other national level analyses, the rule of law and justice programming is vital for Burundi to realize its long-term Development Vision. Development is only possible if people living in Burundi live in peace and agreement, have access to justice and can exercise their human rights. A special focus within the rule of law portfolio will be on improving community security and countering gender-based violence. The country cannot develop if women are left behind and face violence.