In addition to an extremely successful training event held in Burundi in late June and early July, IBJ has also made efforts to increase the governance of its local program. Recognizing the limitations that the long distance between the countries IBJ works in and the Geneva headquarters present, IBJ has envisioned the creation of local Country Advisory Councils (CACs) to provide extra support to country fellows. In order to achieve this goal, the idea is for CACs to provide management and mentoring experience to in-country fellows and establish extensive local networks to aid fundraising efforts and support IBJ. These CACs will act as intermediaries between the home office in Geneva and the country sites, meeting monthly with in-country Fellows, attending trials where IBJ is representing clients, and discussing ways to re-strategize country initiatives.

In Burundi, an accomplished and notable advisor has already been recruited. Pasteur Nzinahora, former ambassador of Burundi in France, holds over fifteen years of magistrate experience and was once president of the Supreme Court of Burundi. Along with a history of experience, he brings with him an extensive network of contacts in the judicial system, which will play a vital role in strengthening the project and fundraising efforts in Burundi. Pasteur has a long experience of involvement on the international scene, in particular within francophone countries: among other key positions, he was the Director of the West African Regional Office at the Organisation Internationale de la Francophonie (OIF) and the Director of legal and judicial cooperation at the Association ds Hautes Juridictions de Cassation des pays ayant en partage l’usage du français (AHJUCAF).

The recruitment of this advisor will advise Astère Muyango, IBJ Burundi fellow, in prioritizing the needs for IBJ programming and building the bridges with other actors of the justice system to bring about systematic change in Burundi.

Above: Pasteur (right), next to Gitega Prison Director, during IBJ 2009 summer training. (Photo by Nathalie Mohadjer)

Above: Pasteur pausing with Sanjeewa Liyanage, IBJ Program Director, 2009 summer training. (Photo by Jean-Baptiste Bouzard)

Above: Arguing in favor of a fair criminal justice system in Burundi, 2009 summer training. (Photo by Nathalie Mohadjer)

On July 23rd 2009, just about three weeks after the training and two roundtable discussions involving key stakeholders of the criminal justice system, the Minister of Justice, Jean Bosco Ndikumana, issued a circular at the attention of the President of the Supreme Court, the Director General of the Penitentiary Administration, Prosecutor General and other top officials to request them to proceed to the immediate release of all juveniles under 15 who have been kept in pre-trial detention beyond the legally mandated time. The next targeted category of prisoners is pre-trial detainees who have been kept on remand for 12 months while the offense they are accused of would require a sentence equivalent to less than 5-years imprisonment (according to art.75 of the new penal code). This alarm call reveals the great sense of urgency prevailing among domestic authorities, who have decided, after the prison population reached an unprecedented pick of 10,000 prisoners nationwide, to prioritize prison overcrowding and the related issue of pre-trial detention among other pressing needs.

Above: The entrance to Gitega Prison, whose occupancy rate is 377% as of May 2009. (Photo by Nathalie Mohadjer).

There is no doubt that the continuous lobby of IBJ Fellow and Country Manager, Astère Muyango, the series of meetings conducted with top officials in June 2009 and the momentum created by the widely-publicized training and roundtable events contributed to this unanimously acclaimed decision. The government representatives who took part in the series of training and roundtable workshops got invited via the Office for the Coordination of the Stakeholders of the Justice Sector (”Bureau de coordination des intervenants dans le secteur de la justice”), the initiator of the circular within the Ministry of Justice, with which Astère has been in constant touch, lobbying in favor of the rights of the accused persons.

Efforts to comply with the provisions of the newly enacted penal code, which brings up the age of criminal responsibility from 13 to 15 years-old, are greatly needed. However, when operating in a system which strives to rebuild from ashes, the key to reform is sometimes in the provision of the most basic tools. The Prison Director of Bubanza, Salvator Ngendahayo, recently admitted that he was very enthusiastic about implementing this circular and improving the living conditions in his prison, but that handcuffs crucially lack for wardens to escort detainees to the courtroom. The sad reality is therefore that people, whose guilt has not yet been objectively established, end up languishing in prison because unable to assist to their hearing. The Bubanza Prison occupancy rate - 430% - is amongst the highest in the country. The country’s penitentiary administration is significantly under-resourced: there is only one truck to transport prisoners from and to courts; and, quite frankly, after seeing the state of the vehicle at Mpimba Prison in late June 2009, we cannot seriously imagine that it can meet the demands of the country’s 6837 pre-trial detainees (May 2009 data from the Burundian Penitentiary Administration). Lack of transportation therefore means that, guilty or not, some detainees can stay up to 9 years waiting to appear before the judges. This is a “pretty” long period of time considering that life expectancy for men is equal to 51 years (according to 2009 data from the CIA World Fact book). This situation is unacceptable in the light of the principle of presumption of innocence which is enshrined in Burundi’s Constitution (art. 40).

Above: Bubanza Prison wardens lack handcuffs to escort detainees to the courtroom; here with defendants that IBJ volunteer lawyers eventually helped get released, July 2009. (Photo by Astère Muyango).

The urgency of the situation urged Déogratias Suzuguye, the Director of the Penitentiary Administration, whom IBJ delegation has already met twice, to invite IBJ to take part in a newly set up Task Force (”Plan d’action sur la maîtrise de la population carcérale 2009-2010″) whose main objective is to reduce prison overcrowding in 2009-2010. Specifically, the Task Force seeks to reduce pre-trial detention through improved coordination among the major stakeholders, institutional capacity-building and enhanced respect for the criminal procedures, in particular when it comes to delays. The hope is to expedite trials, have magistrates resort to pre-trial detention in the least cases possible, and make sure the accused are aware of their rights and legally assisted throughout the proceeding. This is a formidable window of opportunity for IBJ which, three years after its initial trip to Burundi, clearly has had an impact on building a climate for reform in Burundi.

Above: From left to right: Karen Tse, IBJ Founder and CEO, Déogratias Suzuguye, the Director of the Penitentiary Administration and Astère Muyango, IBJ Burundi Fellow and Country Manager meeting on June 26th, 2009. (Photo by Fanny Cachat)

IBJ n’est installé que depuis récemment au Burundi. Le pays ne disposant que d’une très faible couverture internet, ils ne sont au début qu’une poignée de courageux défenseurs des Droits de l’Homme à prendre connaissance des activités de notre ONG, notamment par l’intermédiaire de la communauté des JusticeMakers. La première réelle apparition d’IBJ dans les médias burundais se fera donc à l’occasion de la tenue de la première session de formation à la pratique pénale qui se déroula en mai 2008 à Bujumbura. Depuis, Astère Muyango, ancien participant à la compétition des JusticeMakers, est devenu le premier fellow d’IBJ au Burundi et, appuyé par une petite équipe dynamique, s’efforce de mener à bien les activités visant à améliorer le quotidien des personnes détenues, l’accès à une justice équitable, et restreindre l’usage de la torture. En dépit des difficultés administratives rencontrées dans le processus d’accréditation, il n’en demeure pas moins qu’IBJ reste à l’affût de la moindre opportunité pour populariser sa cause. La deuxième session de formation à la pratique pénale, organisée cette année entre le 29 juin et le 03 juillet, fut ainsi l’occasion de faire une nouvelle fois parler les médias burundais. La télévision nationale (RTNB) put ainsi filmer toute la délégation venue spécialement de Genève ainsi que les différents participants dans le feu de l’action. Mehdi et Karen, bien secondée par Fanny pour la traduction, eurent droit aux honneurs de l’interview pour la version française du journal, alors que Pierre-Claver Mbonimpa, président de notre partenaire local APRODH, se chargea de la version Kirundi. Ces passages aux heures de grande écoute furent complétés par plusieurs articles dans la presse écrite et radiophonique relatant la richesse des débats mais aussi le chemin qu’il reste à parcourir afin de parvenir à un fonctionnement équitable de la justice au Burundi.

Ci-dessus: Des participants à la marche contre la torture organisée par USAID à Bujumbura le samedi 27 Juin 2009 (Photo de Nathalie Mohadjer)

Un mois plus tard, IBJ prenait la direction de Bubanza pour y tenir une table ronde consacrée au phénomène de la détention préventive et des conséquences qu’il peut engendrer en terme de surpopulation carcérale. Elle fut précédée de plusieurs sessions de distributions de posters servant là aussi à informer de leurs droits les populations rurales n’ayant souvent pas accès aux informations diffusées à l’échelle nationale. Cette table ronde fut un franc succès au regard des résultats obtenus qui ne manquèrent pas d’être soulignés dans les médias régionaux dépêchés pour l’évènement. Les échéances à venir, nouvelles tables rondes ou début des activités d’aide juridictionnelle, représentent autant de possibilités de médiatisation, mais de part ces témoignages, IBJ commence déjà à s’inscrire dans le paysage burundais dans son domaine de prédilection.

Ci-dessus: Sensibilisation médiatique sur les murs du Tribunal de Grande Instance de Gitega (Photo de Nathalie Mohadjer)

Mais au-delà de l’action d’IBJ, c’est bien la question du fonctionnement même de la justice qui tend à prendre une place centrale au Burundi, les différents acteurs semblant prendre conscience que la paix et la démocratie ne pourront être garantis sans un fonctionnement efficace et équitable du système. Le Bureau intégré des Nations Unies au Burundi (BINUB) et certaines ONG ont ainsi eu un rôle crucial dans la médiatisation de l’aspect respect des Droits de l’Homme et des personnes détenues dans le processus de réconciliation nationale. Ces organisations ne manquent pas de convoquer la presse à chacune de leurs interventions et leurs manifestations sont régulièrement retransmises par les médias locaux et nationaux. Cette place prise dans les médias tend dès lors à correspondre avec un changement de mentalité des décideurs. Sans que l’on puisse exclusivement en attribuer le mérite à la médiatisation du travail des ONG, il est en effet indéniable que les instances judiciaires semblent plus ouvertes au dialogue et enclines à accepter les appuis non gouvernementaux à la réforme du système judiciaire. De cette manière, l’administration pénitentiaire, le corps des magistrats, la police judiciaire et le barreau ont pleinement joué le jeu des tables rondes d’IBJ en facilitant la participation de leurs membres. Plus important, les recommandations ont été suivies d’effets concrets avec la tenue d’un conseil spécial aboutissant aux libérations rapides de prisonniers en détentions irrégulières dans la province de Bubanza. Cette tendance est également perceptible au niveau ministériel avec la parution récente d’une circulaire visant à s’attaquer à la surpopulation carcérale en ciblant deux catégories de détenus pouvant bénéficier d’une mesure de libération. Cela concerne les mineurs de moins de 15 ans, dans le but de se mettre en conformité avec le nouveau Code Pénal, et les prévenus ayant passés 12 mois en détention préventive alors qu’ils encourent une peine ne dépassant pas 5 ans de servitude pénale (art.75 du Code de Procédure Pénale). Enfin, un projet d’envergure ayant pour but de limiter le recours à l’emprisonnement est actuellement en cours d’analyse, et devrait impliquer les membres de la société civile autant que les instances officielles. Ces prémices de changements institutionnels se révèlent au final très encourageants, et IBJ compte bien faire entendre sa vision originale et novatrice de la promotion des Droits de l’Homme et apporter sa pierre à l’édification d’un système mettant la dignité humaine au cœur de ses préoccupations.

During the last week of July, IBJ organized a roundtable in the town of Bubanza, roughly 45 minutes drive from Bujumbura. The choice of Bubanza as the venue for this activity was not neutral as Burundi rural areas experience tremendous needs, often more acute than in the capital city where most of lawyers are working. There was also a clear willingness to show that IBJ is not forgetting those people and that our action won’t be circumcised to Bujumbura solely. Our local partner APRODH once again helped us in setting up the event. IBJ issued a certain number of invitations that were then distributed by APRODH regional office, in a more appropriate position to know which officials might be requested. The IBJ delegation came especially for that day from Bujumbura, alongside with 7 lawyers responsible for representing their profession during the session, as there is not a single lawyer registered in the province.

Above: Informing people in Bubanza of the upcoming roundtable event (Photo by Claire Habimana)

The group was finally made up of around 20 participants who discussed the central theme of pre-trial detention, and by extension the one of prison overpopulation. After a quick introduction by the Province Governor’s first secretary, it was first highlighted that prison overcrowding reaches an unprecedented level in Bubanza with 472 detainees for only 100 places available as for June 2009. Various explanations for this phenomenon were put to the light such as the lack of human and material resources, the absence of adequate training and, more worrying, cases of corruption. Participants were then split up in 4 groups corresponding to the 4 represented category of actors so as to find out possible remedies to that predicament. General suggestions were proposed like the increase of the State commitment in favour of the judicial system, bringing additional resources at their disposal. However, those broad solutions were deemed insufficient for the two organizers; that’s why participants were encouraged to devise quick and easily applicable measures that, as part of Burundi judicial system, they can commit to implement.

Above: Roundtable participants breaking out into small working groups to brainstorm concrete solutions to Bubanza prison overcrowding (Photo by Claire Habimana)

Results are very promising. Lawyers were the promptest to react: they suggested to take benefit of the judiciary vacation, in August, to visit Bubanza prison and point out irregular imprisonments or cases that could benefit from bail. Those cases would be then presented to a special council that could deliberate on their fate. The penitentiary administration was very keen to play the game and said they were eager to facilitate interviews with detainees. Magistrates were more dependent of their hierarchy’s approval to confirm their participation, but were not opposed to such a session held under their presidency. APRODH and IBJ were delighted by such news and promised to take part to this effort by respectively financing travel and accommodation fees for lawyers. The day also ended in a friendly and relaxed atmosphere with the widespread feeling that things significantly moved forward during the day.

Above: Lawyers from Bujumbura, Magistrates, Prosecutors, Police Officers and Prison Officials from Bubanza joining together to propose and implement concrete solutions to pre-trial detention. (Photo by Claire Habimana)

Lawyers actually went back in August 12th and 13th in Bubanza. The first day was dedicated to consulting cases and meeting pre-trial detainees. Numerous irregularities were observed during that session. Those were presented to judges the day after. 7 imprisoned people were immediately released on bail. A total of 45 prisoners were freed in August from Bubanza prison, 9 of them serving the end of their sentence, but 10 being acquitted and 26 being granted bail. It is clear that this roundtable had a major impact on the outcome. All that to conclude that even with restricted means, good willingness and individual commitment can lead to tremendous improvements and plant the seeds for a systematic reform of the criminal justice system.

Above: From left to right: Lawyers Patrick Nukuri, Léonce Nimenya and Sonia Ndikumasabo, the young faces of hope of the Burundian criminal justice system (Photo by Claire Habimana)

Problem solving happens in a number of different ways; a good theoretical understanding of the situation is necessary, but often, a targeted action is needed. That’s the conclusion lawyers, magistrates, police officers and prison officials came to on the 30th July 2009, at the roundtable discussion co-organized with APRODH in Bubanza province. The forum discussion was held in order to look at the problem of the congested Bubanza prison, the underlying issue of pre-trial detention and to spark a coordinated answer to this form of denial of justice.

The roundtable discussion was attended by 7 lawyers (3 of whom participated in last July’s training), 6 judicial police officers, 2 prison officials (including the Bubanza Prison Director), the President of the Bubanza Court (Tribunal de Grande Instance de Bubanza) and 3 prosecutors. Throughout the discussions, IBJ has observed a common will not only among defence lawyers, but also among police officers, magistrates, and prison officials to elevate their professional standards and promote a culture of respect for the rule of law.

During the first phase of the discussions, the participants identified the great rate of pre‐trial detention in Bubanza as a major issue of concern and as unacceptable for a system which should strive to promote early access to justice. Pre‐trial detainees are denied their most fundamental right - freedom - which is supposed to be guaranteed by the application of the principle of presumption of innocence. This unacceptably high pre‐trial detention rate puts under strain the prison system, all the more so because the prison’s occupancy level is amongst the highest in the country.

Above: Police escort of pre-trial detainees waiting to get into the Bubanza Court Room (Photo by Claire Habimana)

Participants then actively discussed the root causes of this problem, among them, insufficient court system resources, lack of enforcement of legal obligations of the rights of the accused, and lack of training of judges were identified as particularly challenging.

Finally, the discussion of different problem‐solving approaches led to the adoption of several concrete actions. Lawyers committed to spending a part of their August vacation visiting Bubanza Prison and working to expedite the proceedings of prisoners who have remained in pre‐trial detention long‐term. The Prison Director committed to facilitate the process by granting lawyers unlimited and unrestricted access to prison records. And the President of the Bubanza Court agreed to expedite the trials of those who have remained, often illegally of unjustly, on remand for a long period of time, thus beginning to repair the damages caused by the non‐enforcetement of laws designed to prevent excessive legal delays.

Organized with our historic partner in Burundi, the Association for the Protection of Human Rights and Detained Persons (APRODH), this roundtable is a resounding testimony of how much change can be brought as a result of collective stimulation, exchanges and engagement. APRODH committed to provide transportation for lawyers to reach Bubanza and IBJ promised to facilitate and fund accommodation for them.

As a first step towards keeping up with the commitments, on August 12 and 13, 6 of the 7 lawyers went to Bubanza and managed to book court dates for 61 cases to be heard shortly at the Tribunal de Grande Instance. Since then, 45 detainees have been released among whom 15 are juveniles.

Above:  Lawyer Herman NDAYISHIMIYE, an IBJ training and roundtable participant, gathering information from his clients to prepare their case  before the Bubanza Court audience. (Photo by Claire Habimana)

IBJ was fortunate to make a few crucial breakthroughs which helped to facilitate this dramatic turnaround. Perhaps most importantly, IBJ received the blessing of the Governor of the Bubanza Province who, in addition to authorizing the roundtable, urged participants to make concrete and personal commitments to reduce pre‐trial detention in the province and assured of his continuous support because; in his words “a functioning justice system is not the concern of only a couple of professionals, but a collective necessity to strengthen peace and democracy across the country”.

Above: Lawyers Sonia NDIKUMASABO and Patrick-Didier NUKURI pleading for the immediate release of their pre-trial clients in Bubanza court. (Photo by Claire Habimana).

This July, members of all sectors of Burundi’s criminal justice system will get the chance to have an open discussion about the problem of pre-trial detention.

Professionals with experience in all spheres (6 lawyers, 4 judiciary police officers, 4 prison officials, 2 magistrates and 2 prosecutors) will meet on the 30th at the Terra Nova conference centre in Bubanza Province to examine the nature of the problem, consider strategies to tackle it and make personal commitments to ensure a reduction of the number of pre-trial detainees in Bubanza Province and beyond.

Pre-trial detention is a serious issue in Burundi; a shortage of lawyers in the country (there are only about 100 for a total population of 9 million) and a general lack of respect for the principle of reasonable delay–often because of a deficiency in court resources–mean that Burundi’s prisons are extremely overcrowded. To get an idea of the scale, the national prison system has an occupancy level of 225%; 65% of detainees nationally are on remand and in some prisons, as in Mpimba in Bujumbura, this rises to 80%.

Above: Lawyer Janvier Ncamatwi playing the Prosecutor during the first mock-trial of IBJ’s criminal defense training in Burundi in June 2009. (Photo by Nathalie Mohadjer)

This IBJ-hosted roundtable discussion will be moderated by Janvier NCAMATWI, a lawyer and formerly a judge at military court. Janvier, who has participated in IBJ last defender training in June 2009, will be, in addition to encouraging participants to share their ideas and experiences, presenting his own innovative solution on how to address the issue.

This focuses on bringing courts for detainees on remand to prisons to avoid delays, as the difficulties simply in transporting prisoners to other locations is a real barrier to expedite trials.
The roundtable will be accompanied by a poster campaign focused on informing the Bubanza population of their legal rights.

In addition to its 2009 Burundi training session, on Monday June 29th 2009 IBJ organized two roundtable sessions continue the lively discussions which were taking place. Participants were invited to stay on after the training to talk, in a smaller and more relaxed group, about the question of juvenile criminal justice in Burundi. The area shows many of the difficulties which are symptomatic of Justice in Burundi, and the goal of this meeting was, primarily, to establish a general overview of the situation so as to be able to suggest ways of improving it. The group was made up of around 17 people, all involved in various ways with the Burundi judicial system, and was chaired by Astère Muyango, IBJ Burundi fellow. This small gathering also represented an opportunity to develop professional and social connections between participants, who all the while enjoyed some delicious cocktails and snacks.A recent report from the penitentiary administration stated that as of the 25th June 2009 there were 444 juvenile imprisoned in Burundi. In addition to the lack of freedom, these children are, in many cases, held alongside adult convicted criminals. The financial resources to build separate sections for children do not exist and young people are bearing the brunt by being forced to live in a violent and dangerous atmosphere. As was suggested by one participant, an easy solution might be to simply not send children to jail. Désiré Ntahomereye, senior Judge in the tribunal of Gitega, whom we had the pleasure of meeting again the following week, responded that this was easier said than done. The justice system regularly faces juveniles who have been deeply affected by several years of civil war and who therefore have a similar potential for violence to adults. As a result, they represent a clear threat for society and so it can be hard for judges to agree to release. To do so safely, re-education and rehabilitation services, which are not available in the country, are needed.

Some of the participants who were at the roundtable are active in NGOs dedicated to protecting children’s rights. One of these, Jean-Claude Nzeyimana, noted that the justice system does not properly take into account the background of young criminals. Many of them live on the street in tough conditions and, without anyone to rely on, are confronted with violence on a daily basis. These children should thus be seen primarily as victims rather than being cast as criminals. A real attempt to reduce poverty could therefore drastically improve the situation, as could a collective national effort to improve educational opportunities. Unfortunately there is clear tendency in the Burundi judicial system to favour disciplinary action over education, despite that latter proving to be more efficient in reducing juvenile criminality. Pierre Claver, president of APRODH, shared an example to illustrate this, a shocking story which took place a few weeks before the roundtable. A 12-year old pupil caught cheating during a test was, rather than learning form his mistakes at school, sent to a police cell for a couple of days as punishment.

Above: IBJ Burundi Fellow Astère Muyango introducing the debate to Magistrates, Police Officers and Prison Officials and seeking their reaction (Photo by Sanjeewa Liyanage).

The systematic imprisonment of juveniles also lies in the shortage of alternative sanctions. It is widely felt that the purpose of prison is to punish the culprit, as well as to protect him or from retributive community justice. These factors help to explain why officials of the judicial system do not even think to consult NGOs before sending children to jail. However, a few alternative measures do exist. APRODH, for instance, has provided shelter and rehabilitation programs to young boys who face prison due to violent behavior They only have a limited number of places at their disposal, but other NGOs such as FVS are increasingly moving in the same direction.

The discussion then moved to the need for additional legal tools. Olivier Niyonzigiye, a former Justice Maker now working for RCN Justice and Democracy, oriented the debate by stating that the new penal code provided Burundi with everything needed to improve juvenile criminal Justice. The only thing left, he argued, was to put pressure on the state in order to ensure that it gives the judicial system the means to work properly. This effort would need to be directed towards the entire system, granting priority in access to lawyers to children but also implementing measures which would help all detainees–addressing, for instance, prison overpopulation and pre-trial detentions. In a state confronting numerous challenges, the main problem is convincing political leaders that a functional justice system is a priority for the country in order to fully recover from years of conflict.

This is only a short summary of two very rewarding debates. I would like to end by highlighting two points in the discussion which really struck me. The first was when Jean-Claude Nzeyimana noted that the most effective way of preventing juvenile delinquency was parental control. This idea underlines that Justice is above all a collective good, which does not rely solely on the shoulders of magistrates, police officers or lawyers. Finally, Astère reminded us of one of Karen’s favorite stories, that of the girl and the starfish. A little girl was trying to return to the sea every stranded starfish she found on the shore. A man approached and told her that her task was hopeless, and that she‘d never be able to save them all. The girl replied: “maybe I won’t, but it will mean something for each one of them I do save”. So don’t lose hope and let’s work to save some little Burundian starfish!

Above: IBJ Burundi Fellow leading the discussing over the “circular chart”, a tool used during roundtable discussions to get participants to make concrete commitments. (Photo by Sanjeewa Liyanage)

June 22nd to 28th was World AntiTorture Day and in Burundi as elsewhere a number of activities were planned to protest against its use. Only recently active in the country, IBJ dedicated itself to working with our local partner, APRODH, on a rights awareness campaign. As part of a USAID initiative, APRODH was given the chance to hold round-table discussions and advisement of rights campaigns in 4 different provinces. We decided to join them in the town of Ngozi, Burundi’s third largest city, to distribute “Know Your Rights” posters and to hand out questionnaires so we would have a better understanding of the real knowledge that the population has of its rights.Heading to Ngozi was a last minute decision, as the team was already very busy preparing for the forthcoming training-session. We decided that I would go to Ngozi with Laura and Nathalie, our new photojournalist interns, while Astère would stay in Bujumbura to deal with any emerging problems related to the training session. On D-Day, we went to APRODH to pick up our driver. He had already been sent on the field, but in the time it took to print out our questionnaires a second arrived to replace him. Ngozi is located roughly 120km north-west of Bujumbura. The two-hour drive it took to get there was the first time that the girls had left the capital city, and they discovered a totally different Burundi: luxurious vegetation, tea fields and colorful clothes, not to mention crazy drivers. Once we arrived in Ngozi I contacted the APRODH local observer who has been assigned to help us with our task. To our surprise not only the observer, but the entire APRODH delegation, led by Jean-Baptiste Sahokwasama, was waiting for us! Our initial welcome was followed by arrangements for a place to spend the night, and a little snack to recover our strength. Right after that, we got started.

Above: The “Know Your Rights” poster designed in Kirundi language in conjunction with the Burundi Bar Association and APRODH in 2007.

Our team, made up of 3 Burundians and 3 Bazungu (white people), traveled in the APRODH 4X4, better equipped than our little car to cope with the countryside’s winding, bumpy roads. Our first stop was the little village of Gasikanwa, where we immediately made for the office of the communal administrator. Prior approval from this official was needed in order for us to display our posters. The man was friendly but I could immediately feel the gap between Bujumbura and the remote localities. Our arrival was a major event. Word quickly spread that the Bazungu were in town, and a growing group of curious observers came to stare. This was not only an opportunity for us to fill out questionnaires, but allowed a delighted Nathalie to shoot pictures of the 50 children surrounding her. The group of villagers also demonstrated some of the challenges that IBJ will face as it tries to improve the human rights situation here, and in the rest of the country. It was almost impossible to find French-speakers, and there were even fewer English-speakers; no activities would have been possible without the help of APRODH’s translators. Moreover, it was clear that a significant part of the rural population is still illiterate, and it took 5 minutes each for the people we were surveying to reply yes or no to just 7 short questions; I had initially assumed that this task would only take a minute or so. It became obvious that we wouldn’t achieve our initial goal of collecting around 50 responses.

Above: IBJ Burundi Project Assistant Jean-Baptiste Bouzard explaining inhabitants of Ngozi what to do in case of arrest. (Photo by Nathalie Mohadjer).

Our second stop was at a vaccination center, built in the middle of farmland. There was incredible poverty here too but I also felt, for the first time, a degree of hostility towards foreigners. Women didn’t want to answer our questions in front of their husbands and, as it was clear that we wouldn’t receive many responses we didn’t remain for long. Before we left, however, I exchanged a few words with a beautiful young woman, and was astonished to hear that at only 22 she had already given birth to 4 children. It shocked me to think that, born here, I could already have been a father of 5…

We then stopped by a little house on the side of the road. A man was preparing Ibitumbura, or local donuts. We offered him some of posters but he refused, and I was worried that this same atmosphere of suspicion would stand in the way of us doing our awareness work. However as one person then another decided to go ahead and take our posters the whole community decided, all of a sudden, that they did want what we offering. We were soon unable to meet the demand as numerous hands reached out, hoping to take one. A small crush followed, and we decided to head to our last stop for the day. We couldn’t stay for long, however. We were all tired after a long day and had only a few minutes left before beginning the drive back to Ngozi, as it is not entirely safe to drive by night in Burundi. We agreed to stop at a café and that our last interviewees would be the waitresses who brought us fresh sodas. After all, they were part of the population too!

After having driven the 40 km to Ngozi, we finished our day with a delicious dinner of goat brochettes in the cool high hills of Burundi. Laura and Nathalie were the first to leave, soon followed by the rest of the group. It didn’t long to get to sleep for any of us. We left Ngozi early the next day to be back in Bujumbura around 10am, just in time to clean the car and get ready to welcome the IBJ delegation arriving from Rwanda.

In the spring of last year, 3000 advisement of rights posters hit the floor.  Printed the year before, the posters sought to highlight the rights of accused persons should they find themselves in police custody.  They were highly-engaging, and - positioned with police stations, governement buildings, etc. - they were a pragmatic mechanism for curbing torture and other instances of legal abuse. And yet, with funds lagging, IBJ lacked the resources to distribute them.

Fast forward one year.  A grant from the European Union.  A highly-qualified, ambitious team in Bujumbura.  A council of advisors keen to create opportunities and open doors.  The posters have made their way to the walls of police station, prisons and courts around the country.

Above: The head of the Central Market Police Station and IBJ Program Director Sanjeewa Liyanage in a holding cell, with the advisement of rights posters on display.  (Photo by Astere Muyango.)

Above: The IBJ team with Andre Mbayabaya, the director of the Gitega Prison (third from the left).  He requested enough copies of the advisement of rights poster so he could display them throughout the prison.  (Photo by Nathalie Mohadjer.)

Above: Recent recepients of IBJ Advisements of Rights Poster in the Ngozi province.  (Photo by Nathalie Mohadjer.)  

When operating within a nascent justice system, support can come in a variety of ways.   Take Olivier Niyonizigiye, a 2008 JusticeMakers Competition Finalist.   He took the entire week off work to assist the IBJ team in the lead-up to our July Criminal Justice Training Event in Bujumbura.  He also provided a summary document of Burundi’s latest criminal penal code - passed on April 22, 2009.

Above: 2008 JusticeMakers Finalists Carine Murekerisoni and Olivier Niyonizigiye assisted Fanny Cachat and IBJ in preparations for our July 2009 Training Event in Bujumbura.  Among their contributions - a version of Burundi’s latest Penal Code (on right), which IBJ was subsequently able to distribute widely to participants in the training event.  (Photo by Laura Dix.)

The latter of the two contributions might seem trivial. It was anything but.Though many people in Burundi were aware of the code - few had a copy they could reference. Among those in need -  Bernard Sekaganda - the head of the judicary police of Burundi.

Recognizing these challenges, IBJ Burundi Fellow Astere Muyango ordered 100 copies printed and bound for distribution at the training.

The document created a sensation.  Though the 100 copies nearly doubled the number of participants in attendance, the IBJ team quickly ran out as defenders, magistrates, police and prison officials sought the code on behalf of their colleagues in the provinces.

After the training had finished, IBJ’s staff in Bujumbura had yet to satisfy the demand. Several times a day, people who had heard about the training stopped by the office to request copies of the code.  They would knock on the door, chat with Astere and the IBJ team, and leave with a promise that more copies of the code would be available shortly.

Above: IBJ Program Director Sanjeewa Liyanage with Bernard Sekaganda - the head of the judicary police in Burundi, a participant in the training, and the recipient of a hard copy version of the new Burundi Penal Code. (Photo by Nathalie Mohadjer.)

IBJ has since printed 50 additional copies and - through the subsequent distribution - is becoming a long-overdue resource that the Burundi legal aid community desperately needs.

Sometimes the key to human rights reform is simply putting the law in the hands of the people empowered to uphold it.