Examining the effects of inheritance practices on women's socio-economic rights in Burundi

Abstract

This mini-dissertation examines the impact of inheritance practices on women's socioeconomic rights in Burundi, within the context of a patriarchal society where customary law continues to exclude women from inheritance. Despite constitutional guarantees of equality and Burundi’s ratification of regional and international human rights treaties, traditional inheritance practices persist, undermining women's economic empowerment. Women, who form the backbone of Burundi's agricultural economy, face systemic barriers to land ownership, which restrict their access to resources, credit, and decision-making power.

The study adopts a desktop research methodology, analyzing domestic, regional, and international legal frameworks, as well as case law and academic literature. It highlights gaps in Burundi’s legal system, including the absence of inheritance laws and limited application of international norms by judges. Furthermore, institutional shortcomings, such as resource constraints in gender-focused ministries, exacerbate these challenges.

The research draws lessons from South Africa, where legislative reforms and progressive judicial interpretation have advanced women’s inheritance rights, despite initial resistance from customary practices. These reforms offer valuable insights into addressing gender inequality in Burundi.

The dissertation concludes with recommendations for legislative reforms, improved judicial practices, and capacity-building initiatives to ensure women's equal access to inheritance and socioeconomic resources, contributing to gender equality and sustainable development in Burundi.