Burundi Legal Profile

Burundi possesses a mixed legal system of Belgian civil law and customary law. According to Article 48 of the constitution, the constitution forms the supreme law of the nation and all laws which are contrary to it are classed as ‘null and void.’

Legislation ranks below the constitution and the executive branch may issue decrees with the force of law, if authorised by parliament. International treaties and agreements have no force until their ratification and domestication yet must still abide by the articles of the constitution.

The constitution does not define the role of customary law but at the local, or hills, level, custom de facto governs personal matters such as inheritance and succession. The judiciary also has a clear hierarchy. The Supreme Court and Constitutional Court form the apex of the judiciary; together they form the High Court of Justice. Subordinate courts include the Courts of Appeal, County Courts, Courts of Residence and the specialised courts.

The independence of the judiciary is guaranteed by Article 209 of the constitution. De jure the courts are a distinct, separate institution yet de facto the executive exerts significant influence over on the judicial system.

Indeed, judicial appointments are made by the executive, the minister of justice and president. As such, the judiciary often bends to the will of the executive, making the judiciary highly politicised and a tool to remove political opposition. The extent of this was shown in 2015, when the Constitutional Court’s vice president at the time, Sylvere Nimpagaritse, fled Burundi after judges came under ‘enormous pressure and even death threats’ from the government to legitimise President Nkurunziza’s election candidacy. The lower levels of the judiciary are poorly trained and the entire system is prone to bribery, including the anti-corruption court.

Burundi’s predominant source of contract law remains its antiquated Civil Code of 1888, which defines contracts, their nullity, obligations and force majeure amongst numerous further articles which apply to commercial life. Commercial life is further governed by the 2010 Commercial Code which elaborates on commercial contracts, trade registrations, the Commercial Court and commercial sales.

Meanwhile, the Investment Code of 2008 lays a basic framework for direct investments and to encourage investment into Burundi. The Labour Code 1993 is the primary labour relations act and sets the law on employment contracts, wages, working conditions and health and safety at work. The Penal Code provides anti-corruption laws criminalising both passive and active corruption, although these are rarely enforced, particularly regarding governmental figures.

Burundi is a signatory to numerous international treaties and agreements such as the Geneva Conventions, Protocol on the Involvement of Children in Armed Conflict and the Framework Convention of Climate Change.

Burundi is also a member of the Common Market for Eastern and Southern Africa, the East African Community, the Economic Community of Central African States, World Trade Organisation and International Monetary Fund.

Burundi’s constitution also enshrines its abidance of the Universal Declaration of Human Rights, and further human rights acts. Nevertheless, Burundi’s adherence to international human rights and humanitarian law has repeatedly been questioned.

Burundi revised the following laws in 2020, the Insurance Act, VAT Act and Tax Procedures Act. Parliament also ratified the EAC Double Taxation Treaty in 2020.

A new Labour Act was also introduced in November 2020; this was designed to create new obligations and rights for employees.

References

https://chambers.com/content/item/3977