Workshop: "Access to Justice in Burundi"

The Contribution of Non-State Dispute Resolution Mechanisms in Enhancing Access to Justice in Burundi

Effective and efficient access to justice, both civil and criminal is problematic and challenging for many Burundians and for aliens living in Burundi. Article 205 of the Burundi Constution provides that “Justice shall be rendered by the courts and tribunals over the enre territory of the Republic in the name of the people of Burundi”. Referring to the formal justice system, this provision suggests that state Courts enjoy the monopoly of the administration of justice. However, the formal justice system has shown its limits in providing appropriate, timely and affordable
justice to people in need, given the number and significance of barriers that people seeking for justice face.
A review of contemporary comparative legal literature shows growing attention given to non-state and other Alternative Dispute Resolution (ADR) mechanisms as credible avenues to complement state courts to improve access to justice. The United States Institute of Peace and the U.S. Peacekeeping and Stability Operations Institute note that “in societies emerging from conflict, large segments of the population may not have had access to justice. (…). Strengthening access [to justice] also involves engaging the informal sector to enhance its reach, effectiveness, and compliance with human rights standards.”
As far as the issue of access to justice in Burundi is concerned, many studies and reports on one hand emphasize the importance of judicial reforms and acknowledge a strong instutional and financial support in responding to challenges which people are facing in accessing justice. On the other hand, there appears to be a growing consensus among experts that the State’ courts’ system cannot alone meet the ever-increasing demands of the Burundian people in the field of justice. Accordingly, the involvement of non-state justice instutions may positively impact people’s access to justice, particularly for the poor and disadvantaged categories. From this assumption, the queson is how, to what extent and under which conditions non-state justice instutions may significantly contribute in enhancing effective access to justice.

Topics:

• Dr. Bernard Ntahiraja: Should Non-State Justice Have A Place In The Burundi Criminal Justice? What Would Be The Impact In People’s Access To Justice?
• Dr. Didace Kiganahe: Making Non-State Justice Comply With Human Rights Standards. Is The Challenge Surmountable In Today’s Burundi?
• Dr. Aimé-Parfait Niyonkuru: Legal Pluralism and Access to Justice: The Undervalued Role Of Informal Justice Structures And The Customary Law In Access To Justice in Burundi

Please register by sending an email to:conferences.abi@clutterpolitik.uni-freiburg.de.

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