La justice dans le Burundi rural. Quêtes de légitimité et quêtes du droit
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CONTRIBUTORS:
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JOURNAL:
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YEAR:
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2008
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PUB TYPE:
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Journal Article
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SUBJECT(S):
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EN: Burundi ; Judiciary, justice, access to justice, land law - FR: Burundi ; Système judiciaire, justice, accès à la justice, droit foncier.
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DISCIPLINE:
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Law
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HTTP:
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http://www.ua.ac.be/objs/00210760.pdf
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LANGUAGE:
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French
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PUB ID:
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103-443-161
(Last edited on
2009/09/25 11:13:37 GMT-6)
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SPONSOR(S):
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ABSTRACT:
The regulation of land disputes and every day conflicts in rural Burundi currently encounters significant problems. Besides lacking of financial means and insufficient autonomy from the executive, the first instance courts also suffer discredit within the legal system; many of their judgments remain unenforced. The effectiveness of traditional judicial authorities is not less problematic. After decades of political control, their legitimacy is no longer unanimous.
But the problem of conflict regulation is also related to historical changes in rules that govern access to land. ‘Customary law’ that is supposed to apply to most conflicts has become deprived of its foundations, while written rules and registered property rights still play a minor role in rural society. In answer to this vacuum of rules, legal authorities have to find ways to regulate conflicts through negotiation and conciliation in order to regain legitimacy.
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