Defend, Educate, Inform

Implementation Watch

IHRDA & Another v. Republic of Burundi (2024), ACERWC

In September 2022, the Institute for Human Rights and Development in Africa (IHRDA), on behalf of N.J. (a minor), filed a communication before the African Committee of Experts on the Rights and Welfare of the Child against Burundi. The case arose from the State’s failure to enforce a Supreme Court order restoring property awarded to the child’s mother following her parents’ separation. Amid political unrest in 2015, the child and her mother were forced into exile in Kenya after the father allegedly intimidated them, evicted tenants from the property, and sold it. Although a favourable Supreme Court decision was later obtained in 2021 ordering restoration of the property, the lack of implementation left the family homeless, exposed to threats, and unable to ensure the child’s continued education—violating her rights to education, survival, development, and protection under the African Charter on the Rights and Welfare of the Child.

In late 2024, the matter was amicably settled under the supervision of the Committee. As part of the settlement, the Government of Burundi agreed to provide housing and facilitate the child’s return to school. According to information received from national partners, the applicant and her mother have since been granted family plot No. 5/26 in Carama, including the small house on the property. In addition, the Government committed to constructing a three-bedroom house with a sitting room and store in Ntahangwa Commune (Bujumbura), which has reportedly been handed over to the family, with title deeds currently being processed.

The amicable resolution represents a positive step toward restoring stability, dignity, and educational continuity for the child. IHRDA continues to monitor follow-through on the remaining administrative processes, including formalisation of title documents, to ensure that the settlement translates into durable protection of the child’s rights and full compliance with Burundi’s obligations under regional child rights law.

Defend, Educate, Inform
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