Resolving Land Disputes in Burundi’s Post-Conflict Era

In the charming hills of Burundi, land is scarce. This not only limits livelihood prospects but also creates a fertile ground for conflict. Ninety percent of the populace is heavily reliant on agriculture, making land tenure security crucial for human rights, particularly for returning refugees, widowed household heads, and persons with disabilities. To this end, local and international NGOs, alongside the Burundian Government, are championing the cause by empowering communities in resolving land disputes, fostering peace, and transforming lives.

Angelina Nzikobanyanka, a widowed mother of seven, underwent a 14-year court battle with her brother-in-law. For over a decade, her brother-in-law threatened her livelihood by claiming ownership of her deceased husband’s land and taking control of it. Today, the forty-five-year-old takes pride in having forgiven him. Her primary source of income is agriculture, which is also the case for most Burundians. Therefore, when she lost her land, she found herself in a helpless state where she could not provide for her children.

Despite her attempts to regain it through legal avenues, bribery allegations marred her attempts. In June 2023, she decided to pursue an outside court mediation using the local structures in her community. ‘The mediation process was not complicated at all. It was resolved within a month, and I was not asked for any bribe,’ narrates the resident of Muyange zone, Nyanza Lac District in Southern Burundi. Typical out-of-court mediations adopt a less formal procedure. The objective is not for one party to win but for the opposing parties to arrive at a consensus while maintaining relationships. 

Nzikobanyanka states that she became aware of this procedure and how it works after attending an awareness-raising event organised by ZOA, an international NGO based in The Netherlands. In collaboration with partner organisations, ZOA aims to resolve land rights conflicts peacefully within Burundi’s communities. Mediation stands as a beacon for these communities as they strive to resolve land disputes while preserving peace and preventing further discord. It fosters dialogue and amicable resolutions, a departure from the adversarial nature of formal courts.

In addition to successfully regaining her land, Nzikobanyanka’s efforts led to a peaceful reunion of a family embroiled in conflict for over a decade. This highlights the importance of addressing root causes, such as land rights, during the peacebuilding process in conflict and post-conflict times. Today, she recommends this meditation to members of her community.

‘After the crises of 1988 and 1997,’ explains Servillien Minani, the Project Manager at Amahoro @ Scale, ‘Many Burundians fled to the neighbouring countries. The repatriation movement began in 2005, leading to a mass return. Upon return, the repatriates often found their land occupied by strangers and some residents who had stayed behind.’ Amahoro @ Scale is a Dutch-funded land tenure registration project, which includes conflict resolution. The government, backed by NGOs and international aid, considered post-conflict measures, such as land reforms and simpler tenure systems, to ensure land rights and ease disputes.

Sustainable Solution

In 2006, the ‘Commission Nationale des Terres et Autres Biens’ (CNTB), was established by the government of Burundi to address land conflicts between returnees (repatriates) and residents. Initially, the CNTB encouraged repatriates and residents occupying the land to share it. However, after a change in leadership, they started promoting that all the land be returned only to the repatriates. This approach increased hostility, despair, and disruption of the peacebuilding progress within the communities. This issue required a sustainable solution to address land rights and promote community peace.

In late 2013, ZOA initiated land tenure registration projects in Makamba Province in collaboration with the local partner MIPAREC. These projects are implemented in coordination with the government to minimize conflicts and motivate farmers to invest in and make the most of their land. One of the approaches, currently proving pivotal in bringing about peaceful resolutions of land disputes, was used in Nyanza Lac District, with Maurice Nyirambirwa leading a land measuring exercise. He is one of the casual workers trained in land measurement. This exercise is conducted in the presence of ‘Commission de Reconnaissance Collinaire’ (CRC) members.

Land measurement is done after the committee has resolved conflicts over land through mediation between the conflicting parties. In this case, Bosco Buchunu, the land owner, responded to Nyirambirwa’s questions in front of an attentive audience of close neighbours and community members. This is conducted under the committee’s supervision to ensure peaceful proceedings. With a GPS device, Nyirambirwa and his team meticulously mark boundaries across Buchunu’s 2-hectare land, securing coordinates and planting markers.

After three hours of thorough plotting, they conclude the process. Minutes of the exercise, with the digital data, are then sent to the district land administration office, which processes all the data to establish and produce the land certificate. For Buchunu, this certification brings relief, echoing the sentiments of other residents of Nyanza Lac.

Philemon Niyonzima is the head of the district land administration office in the Nyanza Lac district. He mentions that so far, 56 percent of land in the district has been registered since the Amahoro @ Scale Project commenced in December 2021. ‘Initially, the inhabitants hesitated due to limited knowledge about the registration initiative, but sensitisation programs prompted increased participation. Collaboration with MIPAREC and ZOA also streamlined our work, fostering a strong relationship from the grassroots to the district level,’ he states.

The first approach for land tenure registration is the systematic method. It involves measuring and certifying all land at the village level, moving from one village to another, and eventually covering all district villages. ’During the execution of this approach, many conflicts that were previously silent become very prominent,’ says Minani.

Conflict Resolution

To this end, Communal Commissions (CRCs) were established by the government to take charge of addressing land conflicts at the local level. Because of their proximity to the grassroots communities, their relevance in addressing land-related issues cannot be underestimated. The land tenure registration project, therefore, revitalized and trained them. These community structures are present in every village. They have resolved and continue to resolve conflicts that arise before, during, and after land measurement and certification.

‘It is crucial to resolve those conflicts because land subject to a dispute cannot be certified until the dispute is determined,’ says Isaac Bizimungu, Project Manager at MIPAREC. A case in Rimbo village, Mukungu Zone, in Nyanza Lac district, illustrates a mediation session. Approximately one hundred inhabitants assemble at a semi-permanent structure akin to the village court, designated for the day’s discourse on land conflicts.

Guided by the village land recognition committee, the session commences as two individuals, a man and a woman, step forward following the village chief’s call. The chief emphasizes the significance of the session by recalling the community’s history of land conflicts and the importance of collective well-being. The man, who is the accuser, claims that the woman encroached on his family’s land. The dispute is based on inherited land boundaries. The man had fled the country following civil unrest. Upon his return, he found encroachments on his family’s property. She, on the other hand, alleges falsehoods in his narrative.

The lack of witnesses from both parties stalls the process, leading to the village chief requesting both parties to agree on a later date for witness presentation and a visit to the disputed land. Village committees such as the above are trained by MIRAPEC and typically handle three to four cases a day. Following systematic land measurement and certification, silent conflicts become visible, a notable positive outcome of land tenure registration approaches. This presents the opportunity to resolve them immediately using the established community structures.

The other positive outcome is community members with low-income levels can collectively have their land measured and certified for a lower cost than the individual approach. This is because the systematic approach is being paid for by the project, whereby the measurements are carried out by a team of trained casual workers, also paid by the project. It provides an opportunity to sensitize them on the importance of the process, and respect for women’s and other vulnerable members of the community land rights.

However, challenges exist. The systematic approach requires a lot of financial means, which the district administration lacks. To this end, several NGOs, including ZOA, intervened by providing technical and financial support for conducting these activities. The second approach to land registration depends on individual demand. This means that at any given time, any land owner can request the registration and certification of their land at the district land administration office. An officer from the district administration carries out the necessary inquiries and in the absence of conflict, measures the land and processes the data needed for the certificate.

The individual approach is carried out by government staff of the district cadastre office. It requires advance payment by the land owner to the district cadastre office. From 2013, land tenure registration projects spanning all six districts within Makamba Province in Southern Burundi have been implemented. The aim is to secure land ownership and reduce land-related conflicts, with Nyanza Lac being the sixth and last district.

In addition, six district land administration offices have been established. They have registered about 176,000 land parcels and resolved nearly twenty thousand disputes between 2013 and 2023. The ZOA Land Projects have, without doubt, contributed immensely to peacebuilding in Burundi.

The Impacts

Nicelata Nizigama, Deputy Chairperson of the Mabanda Resident Court, acknowledges the impact of these interventions, primarily in land registration and dispute resolution. ‘The project activities supported by our local partners and the various NGOs have facilitated easier handling of land conflicts and improved overall efficiency. Their approach in mediating conflicts at the village level significantly reduced cases reaching the courts, especially among returnees unfamiliar with legal procedures,’ she says.

Highlighting gender inequality issues prevalent in Burundi’s customary laws, she explains how the project’s sensitisation programs have helped transform perceptions. ‘They underscore fairness irrespective of gender, educating communities on equal land rights for all children and challenging patriarchal norms. The initiatives have also defined land ownership, distinguishing family land from individual ownership, and encouraged equal rights to land for all,’ she adds. Nizigama continues to say that by expediting land registration processes and issuing certificates, the initiatives have streamlined legal proceedings and dispute resolution, minimising lengthy litigations.

Jean Pierre Harungimana, the administrator of Mabanda District, acknowledges the pivotal role ZOA and MIPAREC played in resolving land disputes and improving community harmony. He points out that, in the past, land conflicts were regular due to the sharing of land between returnees and residents, which resulted in the underutilization of land for agricultural purposes due to fear.

‘Previously, the district administration dealt with overwhelming numbers of land-related disputes, but the effort of these partners has drastically reduced these conflicts,’ says Harungimana. He adds that the land certification has increased security and allowed microfinance institutions to provide loans based on the land certificate, which is favorable to the communities. According to him, the project activities have been aligned with the district’s five-year plan, prioritizing reconciliation and social cohesion.

A partnership that not only addressed community needs but also improved women’s inclusion in land ownership and the decision-making processes. They have also led to the restoration of dignity, hope, and trust among community members. Appreciative of their role, Harungimana stresses the importance of ongoing efforts to maintain community cohesion and gender equity in land rights. He further highlights the need for increased community visits by the implementing partners, recognizing the significance of follow-ups for sustainability.

On Track

Annonciate Twagirayezu, the Project Manager for ZOA in Makamba Province, states: ‘In addition to streamlining land tenure security in the peace-building process, our other intended outcomes are improved agricultural productivity. I can confidently state that we are still on track.’ However, she notes that a few challenges, including operational limitations such as national fuel shortage and currency depreciation, have caused delays in their project. She adds that the lack of a clear legal framework for succession in Burundi has also made it hard to implement some of the project activities, especially regarding enforcing women’s rights.

These approaches, in collaboration with the government, community organizations, and NGOs like ZOA and MIPAREC, are helping find sustainable and peaceful solutions by addressing land rights conflicts despite the challenges. Through collaborative efforts with local structures, repatriates and residents can clarify land ownership and resolve conflicts fairly and harmoniously. This approach was successfully implemented in Rimbo Village through mediation, resulting in a peaceful resolution for all parties involved.

Implementing systematic land tenure registration has streamlined procedures for land tenure registration and certification, leading to reduced conflicts and enhanced unity. The journey from conflict to certainty in Burundi is a remarkable testament to the power of collaborative efforts and the resilience of communities. Decades of turmoil and land-related issues have transformed into a statement of reconciliation, justice, and hope. The innovative attempts at streamlining land tenure led by the Burundian government, NGOs, and international partners have resolved land disputes and fostered unity and social cohesion.

Stories like that of Angelina Nzikobanyanka’s triumphant tale of reclaiming her late husband’s land after years of struggle exemplify the indomitable human spirit and the positive impact of collective initiatives. The transformative humanitarian, developmental, and peace-focused endeavors highlight solidarity and partnerships’ profound impact in addressing intricate issues and peacebuilding.

As challenges persist, the commitment to ongoing efforts is unwavering. Herman Kamphuis, Country Director of ZOA in Burundi, says their vision is to spread these efforts nationwide, reflecting a dedication to empowering local initiatives for lasting impact.

Edited by Pius Okore.