Article 17 of Burundi’s Constitutional Act of Transition establishes the equality of men and women before the law. However, the government often falls short of effectively implementing the Act’s provisions. Burundi is a traditional society, with strong patriarchal and patrilineal elements, in which women are constantly under the protection of their fathers, brothers, husbands or the family council. Women have more duties than rights, and must submit to the customs and practices governing the relation between men and women.
The situation of women in Burundi is further complicated by the fact that the country was a war zone until 2005. Gender equality was not taken seriously even before the conflict, and the situation deteriorated further both during and following the fighting. Many women have suffered displacement, and have been victims of rape, murder and slavery. The first successful post-war democratic elections were held in August 2005; it was hoped that this would lead to positive change for women in Burundi. So far, that has rarely been the case.
Women of Burundi have little legal protection from discrimination in regard to family matters. The Code of Person and Family was modified in 1993, ostensibly to eliminate provisions that legalised discrimination. Despite having a formal legal system that ensures gender equality, important aspects of family life (such as matrimonial arrangements, succession, legacies and gifts related to marriage) are still governed by customary law.
The legal age of marriage in Burundi is 18 years for women and 21 years for men. Early marriage does occur, but is less frequent than in many other developing countries. A 2004 United Nations report estimated that 7 per cent of girls between 15 and 19 years of age were married, divorced or widowed. Adolescent pregnancy is a specific problem: between 1980 and 1990, pregnancy was the most common reason for expelling girls from secondary school.
The 1993 amendments to the Code of Person and Family officially abolished polygamy. However, the practice is known to still occur, especially amongst ethnic groups living on the Imbo and Moso plains, which are somewhat remote border regions. Polygamy has resurfaced in recent years, partly in response to the conflict and crisis.
According to the 1993 amendments, men and women share parental authority, and have equal rights and responsibilities in regard to guardianship, wardship, trusteeship and adoption of children.
Burundian jurisprudence recognises the rights of women in the area of inheritance. Women can inherit from their husbands, and girls and boys may inherit equal shares of their parents’ property. The government recognises, however, that this jurisprudence has not been sufficiently publicised. Many rural areas continue to follow customary laws and traditions, which dictate that peasant women cannot inherit from their fathers or husbands.
Despite laws to protect their physical integrity, women in Burundi continue to face threats arising from several sources. Violence against women has been an ongoing problem for some time. It was particularly severe during the armed conflict, and included rape, torture and enslavement of young girls and women. Even since the December 2002 ceasefire, women’s security continues to be threatened by both rebels and government soldiers. Women in rural areas are particularly affected: displacement linked to the crisis makes them more vulnerable, as does the high incidence of non-marital relationships and polygamy.
The law in Burundi prohibits rape, which is punishable by up to 20 years in prison, but does not specifically recognise spousal rape. On the whole, sexual violence appears to be increasing: in 2003, the police registered 983 cases of sexual violence; by 2004, the number had risen to 1 675. It should be noted that because of cultural constraints (especially in rural areas), many cases of rape remain unreported or are settled amongst the families involved. Similarly, the law protects women against physical abuse and wives have the right to charge their husbands for such incidents. Yet domestic violence against women continues to occur and also remains unreported. The police do not normally intervene in domestic disputes and no cases are known to have been brought to court.
Female genital mutilation reportedly does not exist in Burundi, although information on the existence of specific legislation prohibiting the practice is limited. The population sex ratio is close to average and has been stable for several years, suggesting that Burundi is not a country of concern in relation to missing women.
Men and women in Burundi have the same legal position in matters related to the conclusion of contracts and the administration of property. However, traditional law is discriminatory regarding access to land; its provisions stipulate that women cannot inherit land from their fathers or husbands. Even though jurisprudence upholds this right, the government has failed to publicise or enforce it.
In regard to access to property other than land, the 1993 amendments of the Code of Person and Family provide for joint management of family property but with some limitations: wives can act independently only in the absence of their husbands. Spousal consent is required for any act to dispose of common property.
Credit practices in Burundi are explicitly discriminatory and restrict women’s access to bank loans. Until recently, women had access only to very small loans for domestic expenditures whereas men could acquire commercial loans. Theoretically, women no longer need to obtain their husband’s permission to open bank accounts, engage in business or obtain loans. But the number of loans granted to women is insignificant: in 1995, a mere 1.4 per cent of loans were made to women. More recently, this number has increased and more women have acquired loans for commercial activity or to purchase homes (even the central bank, which long resisted granting home loans to married women, finally yielded in this respect). Some micro-credit financial institutions encourage women to save, and grant them credits at favourable rates. The Credit Union Bank reports that more than 67 per cent of its credits are granted to women.
Legally, women in Burundi are well protected in areas of civil liberty. The amendments of the Code of Person and Family granted women the right to freedom of movement. The law stipulates that married couples should collectively choose their place of residence: if they cannot agree, either spouse may request that the dispute be resolved in the family council or, if necessary, in court. On a day-to-day basis, exercising the right to move freely is difficult because of security concerns. There are no reported limitations to women’s freedom of dress.
Afrol News (n.d.), Gender Profile: Burundi, www.afrol.com/Categories/Women/profiles/burundi_women.htm.
Amnesty International (2004), Burundi: Rape – The Hidden Human Rights Abuse, AFR 16/006/2004, Amnesty International, London.
CEDAW (Committee on the Elimination of Discrimination against Women) (2000), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Burundi, Initial Reports of States Parties, CEDAW/C/BDI/1, CEDAW, New York, NY.
CEDAW (2007), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Burundi, Combined Second, Third and Fourth Periodic Reports of States Parties, CEDAW/C/BDI/4, CEDAW, New York, NY.
FAO (Food and Agriculture Organization), IFAD (International Fund for Agricultural Development), ILC (International Land Coalition) (2004), Rural Women’s Access to Land and Property in Selected Countries: Progress Towards Achieving the Aims of the Convention on the Elimination of All Forms of Discrimination against Women, FAO Gender and Population Division, IFAD Technical Advisory Division, and ILC, Rome.
IPU (Inter-Parliamentary Union) (n.d.), Legislation and Other National Provisions: Burundi, Parliamentary Campaign “Stop Violence Against Women”: Female Genital Mutilation, IPU, Geneva, www.ipu.org/wmn-e/fgm-prov.htm, accessed 26 July 2007.
UNOCHA (United Nations Office for the Coordination of Humanitarian Affairs) (2003), Burundi: Feature – Civilians Losing the War, UNOCHA – IRIN (Integrated Regional Information Network), New York, NY.
US Department of State (2006), International Religious Freedom Report: Burundi, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
US Department of State (2007), Country Reports on Human Rights Practices: Burundi, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
Womanwarpeace.org (2007), Country Profiles, Reports and Fact Sheets on Burundi, www.womenwarpeace.org/burundi/burundi.htm.
