INTRODUCTION OF BURUNDI COMMERCIAL JUSTICE AND POTENTIALS OF INVESTMENT WITH THE INTEGRATION IN EAST AFRICAN COMMUNITY

Abstract

Today commercial justice is on the sectoral policy page of the Ministry of Justice in Burundi. Different reforms in legal system and public sector have been implemented. anq the government had built instruments to promote investments both internal and Foreign Direct Investment (FDI). Improvement of business climate is one of the keys to resolve economic challenges especially in a country where Gross Domestic Products (GDP) is lower compared with other countries in same class. Governance and commercial justice administration constitute also one of the aim arms to sustain the realizations and the guaranty of economic activity in general and industrial sector in particular. Criteria of warranty of ranking and legal arsenal in each country sometimes do not provide to readers enough information about potentialities of market and priorities taken by the legal system as well as the indicators on which this evaluation focuses are in somewhat model than properly strategic to each country, and becomes another barrier for foreign investors who need real information on a given market.

With the Power attributed to trade court to regulate firstly the sector from the creation of company, during the time of its activities, relations with partners and even at the cessation of activity the judiciary dealing with this professionals, natural or legal persons need not only trust from the users but also favorable and strong legal framework to guarantee this need.

This study attempted to examine and share the state of protection of business company in Burundi with its effect in East African Community (EAC) where it belongs, the potentialities for investment in EAC and Burundi in particular, how are relations with other regional Communities and their technical institutions, how judicial users and professionals in industry find commercial justice in Burundi as the mirror of legal framework in industrial sector, what they express as amelioration in short term and the solutions that can be made against some challenges on commercial justice and technical cooperation among different institutions of these African Countries.

Chapter I : General Introduction of Burundi as a Member of EAC

Burundi is an African country located in eastern region on the continent. It has neighbor countries the Republic Democratic of Congo in West, Rwanda in North and Tanzania in East and South with Tanganyika the second deepest Lake in the World with its 1433 meters. The land of this country is 27833Km squares with 11,8 people in 2015. Communication with Burundian people is made mostly in Kirundi (Native and Official language), French (Official and the second language), Swahili and English as the 3rd and 4th languages.

Figure 1 : EAC Map

Source : https://maps.prodafrica.com/wp-content/uploads/2017/10/4974_CUATRO.pdf

The EAC is a regional intergovernmental organization of 6 Partner States : The Republics of Burundi, Kenya, Rwanda, South Soudan, the United Republic of Tanzania, and the Republic of Uganda, with its headquarters in Arusha, Tanzania. The EAC is home to 177 million citizens, of which over 22% is urban population².

The work of the EAC is guided by its Treaty which established the Community. It was signed on 30 November 1999 and entered into force on 7 July 2000 following its ratification by the original three Partner States : Kenya, Tanzania and Uganda. The Republic of Rwanda and the Republic of Burundi acceded to the EAC Treaty on 18 June 2007 and became full Members of the Community with effect from 1 July 2007. The Republic of South Sudan acceded to the Treaty on 15 April 2016 and become a full Member on 15 August 2016. To mention the integration of Burundi in this community is important in this time as the treaty organizing the community and additional protocols encouraging progress of the East African Customs Union, common political federation, the establishment of the Common Market already done in 2010 and the implementation of the East African Monetary Union Protocol.

Figure 2 : Gross Domestic Products Growth in EAC (1964-2012 & 2003-2013)

These two figures reflect statistics of 2019 on real GDP growth in the Community since 1964 to 2012 and the evolution in each member states on two period of 10 years (1994-2003 & 2004-2013). With a land area of 2.5 million square kilometers and a combined Gross Domestic Product of US$ 193 billion, its realization bears great strategic and geopolitical significance and prospects for the renewed and reinvigorated Community³ as well as the Treaty establishing EAC has as aim to gradually establish among member states a Customs Union, a Common Market, a Monetary Union⁴, and ultimately a Political Federation of the East African States.

I.1. Political History and Current Stability

This country had been organized probably in 17century and known as a Burundi Kingdom with NTARE RUSHATSI CAMBARANTAMA, the first King. The monarchy regime ends with the First Republic established since 1965 at list 3years after independence. It was colony of German in 1890. After the 1^st World war Burundi came under the control and rule of Belgian colonial empire within the province of Rwanda- Urundi attached on Belgian Congo since 1925.

Burundi lived a long period of repetitive socio-political crises based on discrimination on power and the military regime (1965-2000).

From 2000 to 2005 was the period of process for peace agreement and integration of combatants in Government and in military and security corps⁵. This period became the central of introduction and synthetic Burundian political history and the beginning of security stability as well as the Peace Accord reached on integration of all of ethnics group in security and defense corps what was the most causes of political instability. The successful of integration and reorganization of the public administration strengthened the governance and security corps. Burundi is currently represented by the 4th elected Government in Democratic system and its army became active contributor for peace keeping under control of United Nations. It is regularly sending soldiers and other human resources through African Union (AU) in peace keeping mission in armed conflict country like Somalia, Soudan and Central African Republic.

It is important for lecturers who didnʼt know before the change made in Burundi to access on information acceptable by most of Burundian and international community as well as stability is a task and a fight for every day.

An evolution in mediatic sector and a change of the battlefield of some Burundian politicians has been at the center of controversial information. To mean that medias can be an arm of destruction when it provides to public false or partial information for its interest. The example is the focus on information motivated by political speculations and failed coup d’ Etat before general elections in 2015 in order to maintain negatively international alert and block FDI as a consequence. Normally the freedom of press constitutes a corner stone of democracy⁶ in modern society if the liberty is legally and legitimately exercised. Economic development and commercial Justice are affected especially in a developing country where information is easily manipulated due to the lack of consistent professionals in Information Technologies. Commercial Justice still also without a spokesperson and its role is not at all made known to public in general and to its direct beneficiaries in particular (traders and commercial companies).

In contrast, it remains confused with other branches of justice which normally deal with cases other than the economic sector, that is to say purely civil, administrative, criminal and political matters, etc. Investors would not be confused if information on settlement and business practices on commercial justice is available.

I.2. State of Burundi Exchanges with the World 2017& 2018

The international business which concerns exchange of products with the worldwide can serve in determination of the level of import and export of a country. The statistics presented in this section shows the state of import and exports with different continents, classification of the main importing countries of Burundi domestic products and the major supplier countries for Burundi for the second half of 2017 and 2018. Knowing this state of exchange of goods is decisive to thinking about the type of products exported and who value these products more, but also which basic necessities generally imported by Burundi as the commercial justice is linked not only by the relations of economic operators to each other, but also their relations with consumers. It may contribute for researchers, foreign companies and Foreign Direct Investment (FDI).

Figure 3 : Classification of continents on the countryʼs imports

Source : OBR March 2019/ Foreign Trade Statistics 2nd Semester 2018

Asia is the first exporting continent to Burundi, the second is Europe, Africa the 3^rd, 4^th America and Australia the 5^th.

Figure 4 : Classification of Continents on Exports

Source : OBR March 2019/ Foreign Trade Statistics 2nd Semester 2018

More than 37% of Burundi exportation products are sold in Europe. The exported products are sold on the 2nd tide. With continents, Europe alone consumes 37.6%, followed Asia and Africa with 32.6% and 26.7%. Australia ranks the last with 0.2% of the total value of exports as shown in the following graphs.

Figure 5 : Exportation of Goods with Designated Countries

Source : OBR March 2019/ Foreign Trade Statistics 2nd Semester 2018

Forty-six countries are Burundiʼs product flow market, 19 of which are ranked as principal according to the 1% criterion of the overall value of exports. Nearly 15% of the countryʼs exports go to the United Arab Emirates. The flow market for Burundian products is 15. 8% made up of sales in the United Arab Emirates, followed by Belgium, Switzerland and the Democratic Republic of Congo all having more than 10% of the total value of exports according to these statistics. It should be noted that products imported by Burundi follow a different order of classification according to the countries of origin. For example, China, which ranked 13th as a destination for goods from Burundi, ranked 1st as the largest exporter. Similarly, Japan which has occupied the 9th and 10th position as an exporter of products to Burundi, does not appear on the list of the first 19 countries importing Burundian products during the considered period. At the sub-region level, the Democratic Republic of Congo, which ranks 4th on the list of the top 19 countries importing goods from Burundi, is not on the list of the top 20 countries exporting products to Burundi for the same period.

Figure 6 : Major Supplier Countries in the Second Half of 2018 and 2017

Source : OBR March 2019/ Foreign Trade Statistics 2nd Semester 2018

The structure of the major supplier countries remained almost unchanged. Of the major countries supplied in the second half of 2018, 18 were in the same period of 2017. The first place occupied by China in 2017 is returned to Saudi Arabia in the second half of 2018 which was in 3rd position in 2017 and saw its share increased by 7.5 points. Italy and the United Kingdom, countries of the European Union, are on the list of major supplier countries of Burundi in the second half of 2018. Although China lost its first place in the second half of 2018, its share of overall imports for the period increased by 0.8 points.

Imports from Saudi Arabia increased by 7.5 points in the second half of 2018 compared to the same period 2017 while those from India saw a decrease of 4. 3 percentage points during the period under analysis. The following figures 7 to 9 show respectively the major exchanged products and exemptions of tax in 2017-2018.

More than 40% of the value of exports is made up of coffee. Burundiʼs exports in the second half of the year are mainly dominated by agricultural products, which together account for more than 67% of the total value of domestic exports : coffee 40.6%, tea (16.9%), wheat flour (6.8%), and tobacco (3.0%). The second position is mining products : gold (13.7%), niobium ores (7.0%), tungsten ores (1.4%) and tungsten ores and their concentrates (1.3%).

The importation of Burundi coffee has doubly motivated by the quantity and the quality. Burundi export Arabica Coffee and Robusta coffee produced in different locality and high altitude are competitive by their quality⁷ on international market. For example, in 2017 the coffee from KIBINGO in Kayanza province ranked first in terms of quality on the world market. It was at the auction held in Boston in the United States where Burundian coffee was purchased at 115 U.S. dollars per kilo. Other competitions were organized by the Alliance for Coffee Excellence⁸ (ACE). Burundi tea and mines constitutes the second and third products liked by the first importing of Burundi products.

This table shows exemptions granted to investors under the Investment Act and other incentives measures that the Investment Promotion Agency (IPA) has attributions for enforcement. Construction materials were the most exempt for investors with 42.5% followed by cereals (14.5%), cotton (9.2%) petroleum products (8.8%) of total amount of exemptions granted to investors. The exemption of tax on given products constitute one of facilities that Burundi Government offered to promote and attract investment. In addition to the exonerations on assets allocated to the own activity of a commercial company, foreign investors have the full right to repatriate the totality of their capital and profits carried out in Burundi without conditions.

I.3. Need for a Study on Commercial Justice

None can ignore the importance of trust in judiciary on basis of its reputation in enforcement of law with mastery and impartiality and this in proper time. The commercial justice where it is distinguished from general jurisdictions to be special one, expectations both by the country and private beneficiaries can be shortened as its contribution in creation of good business environment and promote economic development. The trust can be understood as a condition that every investor verifies before he/she decides to start activity in a given area. Professional is not supposed to take the risk of investing in a country without good conditions for investments such as security, legal system, governance and professionalism in assuring and protecting rights of investors and innovations.

The selection by professional investor about where to establish his/her business is supposed to be based not only on the potentialities of market but mainly the security of the investment which can be guaranteed by the organization of domestic system, collaboration of institutions and integration of international standards.

The objective of this paper which had been fixed regarding the realities in terms of potentials for investment in Burundi and EAC is to present the Burundi legal framework on business industry in order to share with Japanese and other foreign companies the state of business climate in Burundi and neighboring countries in the sub- region especially in EAC. I try to make an overview on the level of contribution of commercial justice taking account the perception of users of commercial justice and existing companies in Burundi. I evoke some challenges and propose practical solutions that are estimated to be realizable in short or long- term.

Chapter II : Burundi Commercial Legal Framework and Judiciary

Legal system in modern society has become the cornerstone to solidify in order to access sustainable life and development. In development sector, the forged legal instruments allow economic operators to ensure the security of their capital and the achievement of their objectives.

First designed in France in the 16th century to allow merchants to escape the intricacies of civil laws and regulations⁹, commercial justice is now understood as a branch of justice, which brings together all the jurisdictions and bodies involved in the field of economic stability and commercial litigation. Companies need a stable legal and judicial environment that can promotes the development of their businesses and offers guarantees dispute resolution.

In Burundi, the Commercial Court which has been granted multiple commercial attributions since its creation in 1987 still seen as engine and mirror for evaluation of commercial justice before other actors. It plays a distinctive role as unique special court which has jurisdiction at the first instance on commercial¹⁰ and industrial matters¹¹.

In 2014, it was created, a commercial chamber inside of the Appeal Court of Bujumbura¹². Beside to the two specialized courts, exist districts courts which have jurisdiction of commercial tribunal in the area where there is no commercial court.

II.1. Evolution of the Commercial Legal Framework

Burundi influenced by Belgium directly during colonial period and independent country since 1962 passed many changes in policy and social sides that none could ignore their influence on legal system. Burundi followed the modernization of legal system by ratification and adoption of international instruments necessary to strengthen the system and create proper environment of affairs. It is member of WTO since 1977 and enacted in its legal system typical laws relating to the WTO treaty and its protocols. The legal system sustained even during the historical social and political crisis.

Consolidation of the legal framework for the industrial sector started under the first constitution and has followed by the creation of trade Court in 1987 and Federal Chamber of Commerce and Industry of Burundi (CFCIB). The existence of this institution and relating laws in favor of commercial profession have a particular importance as it is a speaker person of beneficiaries of commercial justice.

Since 2005, Burundi moved from transitional Justice to modernization of framework. The conclusion of bilateral and multilateral treaties relating to exchange of goods and cooperation in regulation of international commerce gave another value to the domestic legal framework that we need to share its consistence.

Bujumbura trade court has been the unique public institution which has jurisdiction to receive demand for creation of company. Currently the service of Trade court in charge of registration is moved to IPA, issue trade register (certificate), admit foreign companies which need to establish business branches or to operate in Burundi under other forms, deliver administrative documents that professionals need during their activities and delete company after cessation of activity or in enforcement of a judgment¹³. It has the aim mission of resolving trade disputes in the country but plays intermediary role between professional of commerce in preventing untenable conflicts among parties, recording also real security deposits as mortgages and pledges etc. Results of reforms :

❖ Creation of companies has been grown since the modernization of the services in charge of registration of companies (creation of IPA)

❖ IPA participates more in enforcement of free tax law for facilitating investors (domestic and FDI)

❖Reduction of time for creation of company by simplification of procedure,

❖Making decision on commercial litigation in short time with low cost

❖ 3rd mission of trade court for companies : advisory authority through commercial investigation chamber

II.2. Organization of Commercial Justice

Burundi got its first Constitution before independence (on 23 November 1961) had been systematically amended.

The legal system creating an organ to regulate commercial activity started with the expressed will by members of UPRONA political party during its congress held in 1987. The motivation was an emergency necessity to create a trade court which will get attribution of competence to receive cases relating to business instead of other existing courts. The second idea is that business activity need a particular treatment by the public authority compared with other sectors. What is the value of this study on commercial justice in Burundi? What does it reflect in this land of East African Community? And what can be its role in protection of investments and promotion of innovation?

II.2.1. Headquarters of Commercial Justice

Headquarters is composed of the coordination of the ministerial cabinet of Justice¹⁴, Secretariat¹⁵, the General Inspectorate of Justice, the Directorate of Justice, General of the Judicial Organization and the Directorate General of Civic Protection¹⁶. The Secretariat permanent, made up of cells of technical advisors, occupies a technical function including commercial justice.

After the reorganization of the Department the Directorate General of Judicial Organization¹⁷ became the new hinge of the administration of justice. It is comprised of the Directorate of Strategic Studies, Planning, Monitoring evaluation and statistics, the Resources Directorate and the Business Directorate legal and litigation. It plays a key role in the organization of commercial justice.

On the other hand, it is worth noting that the new organization has made innovations by providing for a direction for criminal, civil and special cases charges, among other things, to “participate in the implementation, strengthening and promotion of commercial and fiscal justice mechanisms”. This shows also how Burundi Government continue to give special space to commercial justice even if the goal has not yet reached.

II.2.2. Recruitment of Career Judges

Since independence of Burundi in 1962, the management of human resources in Ministry of Justice reports to the Directorate in charge of judicial organization. This Directorate is responsible for the bulk of the process of recruitment and assignment of staff in different department.

In 2014, following the Arusha Agreement for Peace and Reconciliation in Burundi¹⁸, Burundiʼs Constitution of 18 March 2005¹⁹, the recommendations of the General States of Justice 2013 and the National Good Governance and anti- corruption strategy, the Department of Justice has started to organize a recruitment by competition. More than 180 candidates applied for the initial training of magistrates, prosecutorsʼ offices and higher courts in 2014 edition. Sixty- six of them have been recruited with respect for ethnic and gender balances at the national level. They subsequently completed initial training, before being assigned to the deferent jurisdictions. If this procedure of recruitment is maintained and accompanied by other measures like providing professional training courses both to judges, assessors and advocates defending commercial cases will improve quality of decisions to be rendered in commercial justice and reduce time and cost of judicial proceeding.

II.2.3. Trade Court

The Bujumbura Trade Court was created by Decree 100/ 13 of January 23, 1987. The idea to create this court was born following a declaration calling Burundian people to participate in greater development and the result of resolutions that inspired the activities of government services including the Ministry of Commerce and Industry. It is among the specialized jurisdictions provided by Burundi’ s code of organization and judicial competences. The Bujumbura Trade Court is until today, the one specialized court in the country responsible for ensuring commercial justice and providing legal support to companies through its commercial investigation chamber and particular attributions²⁰ that the law like the code of commerce, company law and industrial property law give to the presiding judge of this court.

II.2.3.1. Human Resources

The Commercial Court consists of a president, a Vice-President, judges, assessors and clerks as need²¹. Presiding judge, vice-president and judges both are 12 career magistrates. They are completed by 10 assessors who are not personals of judiciary organization but professionals of private sector designated to contribute during resolution of commercial disputes by providing their expertise in commercial matters and clerks also known as agents of the judicial order.

II.2.3.2. Career Judges

The judges of the Trade Court are responsible for rendering commercial justice. They sit in public hearings in turn and according to the schedule drawn up by the President of the Court. They decide, by delegation of the powers of the President, in the public hearings of the summary procedure. They receive files for investigation in order to be reported in accordance with Article 353 of the Code of Commerce to allow for the speed of the investigation of cases submitted to the jurisdiction of the Trade Court. According to this provision, " the president of the court appoints a judge rapporteur to whom he/she sends the file within twenty-four hours. The judge rapporteur summons the parties at the nearest date he sets. It proceeds with the investigation of the case and any investigative measures that do not prejudge the merits. As soon as the investigative measures prescribed by the judge rapporteur have been carried out or if the parties fail to carry them out on time, the case is entered into the hearing role. The explanation given to this pre-trial procedure is likely to justify in some way the specialty of the Trade Court in the handling of the files opened in its registers. During this instruction the judge rapporteur, upon receipt of the file, summons the defendant through a clerk who, at this first summons, leaves with the introductory findings of proceedings for their communication to the defendant. These findings are sent with any other evidence as produced by the plaintiff. The pre-condition judge expects the defendant to appear in his reply findings and exhibits. If the defendant does not appear on the date set by the judge or if he does not conclude, such a short period of time is granted to allow him to reply. Failing to comply, the investigating judge sends the file to be fixed for trial. The advantage of pre- trial pre- fixation is that the file will be sent to the hearing with necessary documents that will allow for deliberation even at the first public oral hearing and avoids the slowness of the proceedings by limiting the number of postponements. Trade court’ s judges may also conduct field raids to find out when the court considers that the dispute merits verification of the facts raised by the litigants.

II.2.3.3. The Presiding Judge

The Code of Commerce confers on the President of the Trade Court specific powers to assail the speed of judicial decisions relating to trade²².

These are the powers that allow the presiding judge to make, among other things, a referral order where the plaintiff justifies the existence of an emergency and in case the application does not face a serious challenge, an injunction to pay where the plaintiff justifies the existence of a certain, liquid and due claim and an order to issue or return where the applicant justifies having an authentic title etc.

In fighting against insolvency which infringes creditor’ s rights, the presiding judge has also competence to make orders for auction in accordance with the relevant procedure provided for by the Royal Order of 1925, a procedure which requires an agreement containing the auction clause of the guarantees established when the debtor is in default to comply with the contract.

We asked why merchants or trade unions sometimes lament the auction procedure by way of the auction. The answer to this question is that it is a struggle for opposite interests. To mean that the creditors want to recover their dues in short proceedings and, on the contrary, the debtor wants there to be sufficient time to try his/her luck in the long term of recovery or to evade the immediate or forced realization of the guarantees constituted.

The Statistics show that the number of prescriptions orders and referrals is higher than it is for judgments.

Considering 8299 recorded files since 1987 to 2017 especially those rendered by the Court from 2000 to 2017 the number of decisions rendered in emergency procedures (referrals “RCR” and requests “Req”) is important.

As example of evolution, the total of decisions rendered in 2019 are 586 with 118 referrals which are decisions rendered in special procedure taking into account the urgency in resolving certain trade disputes²³.

II.2.3.4. The Panel of Trade Court

The panel of the Trade Court is composed of a president of jury, a career magistrate and two assessors, assisted by a clerk and an officer of the Public Prosecutor if it is expressly requested by the President of the court²⁴. Exceptionally, one assessor with two judges of career are also permitted to constitute the Panel and make judgment.

II.2.3.5. The Bailiff

Bailiff is responsible for the execution of the judgments and orders made by the Trade Court, the stops sunk in force of thing judged. He/she participates in the public auction sessions of personal property or buildings each time under the order of the presiding judge. He also has a duty to register the pledges on the trade fund.

II.2.3.6. Stages of the Process in Trade Court

The date of submission of plaintiff’s act to the Bujumbura Trade Court correspond to the starting of the process of resolution of commercial dispute which take the following steps :

1. Court entry : It is made on a written request to the President of the court. The referral contains all the required mentions and filed secretariat. In some jurisdictions, however, the President must be asked for a hearing!

2. Enlistment : Give a number to the open file and register it in the scheduling register.

3. Preparation of the procedure : The file is recorded in the pre- condition register and the President appoints the judge rapporteur for the rehabilitation of the folder in order to facilitate exchange of necessary documents between parties and that before contradictory debate.

4. Assignment : The rehabilitation procedure is closed by the defendantʼs subpoena. The subpoena specifies the day of the hearing, place and time, the subject of the litigation. In the absence of a means of travel, the defendant is instead summoned to be summoned!

5. Public hearing : The opportunity for the parties to the trial to plead their case.

6. Deliberate of the record : If the file is taken into deliberation the date of pronouncement must be specified. And the file should normally only exceed two months in deliberation.

7. Sentencing: This is the public announcement of the courtʼs judgment. The law does not specify the time between the verdict and the next step that is meaning.

8. Notification of judgment : Judgment is sent to the losing party and a preseizure command is sent.

9. Execution : at the request of the winner. The applicant sends a written request to the President of the court who organize the execution of the judgement. Each stage and the appeal procedure are defined by law. In practice, a case submitted in Bujumbura Trade court can be judged and executed within 3 months²⁵ if all parties comply without delay and in case of of non-appeal. The time is reduced if the case is received in referrals or orders procedure.

II.2.3.7. Commercial Investigation Chamber

In order to provide legal support to businesses and traders in general and to prevent insolvency and premature bankruptcy, a commercial investigation chamber has been set up at the level of the Trade Court since 2014 under the law on judicial concordat and recovery of companies in difficulty²⁶. It is composed by 5 career judges and 2 clerks.

The main mission of the investigation chamber is to receive all the information that can be warning of a companyʼs difficulties and analyses it together with the concerned company, proposes solutions, pleads for it to obtain certain delays for its readjustment and finally opens the judicial redress procedure if necessary. The benefits of this procedure are the prevention of insolvency, the protection of claims, activities of business partners and the prevention of premature bankruptcy. The Government promulgated a special law relating to insolvency since 2018 which organizes procedures of protection of business activity with jurisdiction to combine or admit opened procedure on international insolvency. It is important to mention here that among innovation of this law there is admissibility of international procedure on insolvency which gives facilities to creditor to request execution of the first decision taken against his debtor instead of to restart a second one. To mean that one closed procedure on insolvency and bankruptcy is enough to recover his due by submitting to the court first judgement rendered by another court which had international jurisdiction.

II.2.4. Participation of Assessors in Resolution of Commercial Disputes

Assessors are auxiliary of justice. They are appointed by the Minister of Justice on the proposal of the Federal Chamber of Commerce and Industry after the opinion of the Minister with trade in his remit²⁷. These private sector professionals participate with the career judge during the process for judgment rendered in the Trade Court. Their contribution is important in that they clarify the professional judge who has skill in law but not have practical knowledges in trade and industry and allow the court to render a judgment that empties the whole point that is part of the dispute. Assessors are not in most cases lawyers but they must have a background in business matters. They are also selected from different domain of expertise like construction, economy, audit and accounting, banking system and operations, transport, intellectual property, etc. Assessors do not receive remuneration for this activity. They serve in priority their respective companies and their number is still low which does not facilitate their replacement in the Panel for a public hearing. In this case the mission of justice and interest of parties to get quick solution to the dispute are not respected. The contribution from their expertise for quality of judgements rendered by Trade court is important as a decision is made with the participation of professionals of the same sector (Consular judges).

This table relates to administrative documents issued by the Trade Court that merchants and companies need for their day-to-day activities such as tenders and procurements or proof of their financial situation ; passing particular commercial contracts, etc.

II.2.4.1. Federal Chamber of Commerce and Industry in Burundi

The Burundi Federal Chamber of Commerce and Industry is the apex body for private sector organizations in Burundi²⁸. It adopted its present form in 2008 and brings together ten sectoral chambers and two cross-sectoral chambers. The chamber represents the interests of the private sector in dialogue with government on matters of interest to business.

At the time of its founding in 1923, the Association was known as the Chamber of Commerce and Industry of Belgium Occupied Territories and the District of Kivu. In 1943, traders Kivu and Rwanda-Urundi (former name of the territories of Rwanda and Burundi under Belgium colonization) decided to form two separate organizations. Thus, was born the Chamber of Commerce and Industry of Rwanda-Urundi. Rwanda and Burundi decided to end their economic union in 1964 and each country started to organize its own chamber of commerce.

The socio-political crisis that hit Burundi in October 1993 had heavily impacted the Private Sector. To counter the energy and be more efficient dispersion of Professional Organizations private sector decided to establish an umbrella organization which they named Federal Chamber of Commerce and Industry of Burundi, CFCIB. It has adopted a new constitution and new bodies from April 2010.

This federal chamber contributes in particular in promotion and implementation of a policy of private sector development ; representation of the sectoral chambers of the private sector component and defend their interests to government, national and local governments, institutions or public organizations, semi-public or private, non-governmental organizations and donors as well as with international organizations. It provides technical assistance to traders/private sector associations of services, specialized information consulting, training to professional organizations in the private sector.

It participates in connecting national economic operators to partners in the sub-region and worldwide, promote domestic and international trade including support to trade events such as fairs. It also supervises domestic companies participating in these fairs and foreign exhibitions, contributes to the standardization of products, the implementation and dissemination of these standards.

II.2.4.2. Criteria of Selection of Assessors

In order to be appointed assessor of the Trade Court, the candidate must fulfil the following conditions :

• a) Have, for at least five years, with honor exercised the trade or participated either in the management of a commercial company with its main establishment in Burundi, or in the management of a professional or interprofessional organization representative of trade or industry ;
• b) Not having been convicted as an actor or accomplice of a crime against property, public faith, public order or the national economy ;
• c) Have not been declared bankrupt or convicted of bankruptcy²⁹.

II.2.5. Commercial Chamber of the Appeal Court of Bujumbura

On the recommendation of the Doing Business national Committee, a Chamber of Appeal was established at the Bujumbura Appeal Court, specializing in the resolution of commercial disputes in all stages of the proceedings³⁰. The Chamberʼs mission is to receive all the appeals of judgments, orders and interim measures issued in the first degree by the Trade Court or by the district Courts sitting in commercial matters. Except orders and referrals, decisions made at the level of this commercial chamber are subject to analyze on legality by Supreme Court Cassation Chamber.

II.2.6. The Supreme Court

The Supreme Court is at the top of the hierarchy of Burundi judiciary. It has a national jurisdiction and is responsible for “ensuring the properenforcement of the law by lower courts.” It also exercises administrative and judicial control over lower courts³¹. The Supreme Court is the guarantor of judicial legality and, as such, works to standardize jurisprudence through proper interpretation and application of the law by the courts and tribunals of the country.

When it comes to commercial litigation, the Supreme Court’s mission can be limited in three stages :

1. The cassation appeal which formally refers to the Supreme Court and gives it the opportunity to consider the case which relates to a judgment, judgment or any other decision of a final judicial nature rendered by the courts or chambers established within it and ruling on the merits.

2. The review of the case of the regular interpretation of the law and the proper application of the rule of law to the cases before it.

3. The analysis of the facts is in principle excluded from the jurisdiction of the Supreme Court. It’ s an extraordinary remedy that offers the possibility to the dissatisfied party to obtain a review of a case solely from the point of view of respect for the law. It should be noted that commercial disputes fall under the jurisdiction of courts and tribunals.

Figure 12 : The Diagram of the Judicial Organization in Burundi

Source : Report on commercial justice 2017

MUHA, MUKAZA and NTAHANGWA are District courts without jurisdiction in commercial affairs. A commercial litigation is sentenced at the first degree by Trade court or tribunal District court and can be filed in Appeal Court. The Supreme Court shall receive for checking the legal application issue (cassation) a judgement rendered by Appeal court.

The commercial justice in its wide conception has to cover not only judicial structure but also no-judicial missions proper to guarantee economic sector and relations between professionals of business and the partnership with other institutions in charge of investment sector.

II.3. Challenges in Functioning of Commercial Justice

Information for litigants is an important aspect of the functioning of the commercial justice system. At this level, the Ministry of Justice has a website which provides some news like administrative procedures, legislation, useful links, judicial services in general and judicial statistics. Unfortunately, the Trade Court website should not be working for a long time.

The main channels of communication between courts and litigants remain the paper format. For this purpose, various means are used, mainly display boards, displays in public places and the main doors of jurisdictions, etc. From time to time, courts use Burundiʼs National Broadcaster (RTNB). In the time, there were radio programs on justice, hosted by the Ministry of Justice or by certain civil society organizations working in the field of justice or human rights. There is also a portal "called "ISOKO which contains all the necessary information for service applicantsʼ public services, including the courts³². Basing to my experience as practitioner of business law in the trade court and discussions made with users of trade court including the attorneys and legal advisors of companies, it should be better for the Ministry of Justice to take particular management of this institution as the policy of integration of Burundi to East African Community merits to be accompanied by modernization of the commercial justice in necessary domains. Departure of experienced judges, reorganization of assessors’ participation is one of observations formulated by users of Trade court on human resources sides. The lack of adequate materials for functioning the services can be interpreted as a result of confusion in considering the Trade Court missions as same with ordinary tribunal. The trade court as a special jurisdiction as motivated by the will of legislator should not play efficiently its role in enforcement of Treaties relating to investment for national, regional and international interest if the Government through the Ministry of Justice are not providing a budget corresponding to the needs and proper reorganization of the institution. In the same sense it needs to be connected in limit of competence and attributions to regional courts and other institutions which have jurisdiction in resolution of commercial conflicts arising treaties that Burundi ratified. Human resources of commercial justice from trade court to Supreme Court need to get understanding of specific legal instruments and procedure followed in East African Courts and other regional organizations in order to respond to the mission and provide to investors all rights recognized in these instruments. It belongs to public authority to ameliorate more the participation of private sector in specialization of commercial justice in order to maximize the realization of expectations from integration to East African Community.

Modernization of information system in the services in charge of commercial justice can help to measure the level of enforcement of international instruments and domestic investment laws instead of focusing only on reports that produce other partners. The degree of collaboration between public services on the application of these instruments or the suggestion of reforms also deserves a particular improvement and attention by the Burundian government in order to strengthen good practices and attract more investment. It is the same for the Burundian government to establish a mechanism for evaluating the enforcement of laws and regulations aimed at the effectiveness of commercial justice because the absence of this framework limits public-private collaboration and the objective assessment of this branch of justice.

Chapter III : Opportunities for Investment in Burundi

The biodiversity and geographic localization of Burundi in EAC, its good climatic conditions during all seasons give to the land a good position for developing tourism and exploiting its natural resources. Bujumbura its economic city established on the shores of Lake Tanganyika constitutes the strategic trade zone for goods’ exchange with other riparian countries, the southern part of Africa and the Central African market.

The non-exploitation of this immense coast of the Lake to the most modern standards by Burundi constitutes a big challenge. Bujumbura had been chosen as strategic even during colonial period by Belgian Empire which designated it Capital city of Rwanda and Burundi under same colonial authority with Congo (territory of Rwanda-Urundi and Congo-Belge) regarding its advantages offered by the Port on Tanganyika Lake and Bujumbura International Airport. Currently government is making reforms and encouraging investors national and Foreign Direct Investment (FDI) to join the project of standardization of infrastructures around the Lake with preservation of environment through the “Vision 20-25” and “CCLPII” which combine the biggest national projects for development. It is in the process of implementing the project of building a Preferential Trade Zone for East African Community at GATUMBA in Bujumbura Province which will allow the Burundi to start unexploited resources.

This large center of the Community will allow to EAC the effective realization of the older regional project of economic cooperation not only in the sub region but also with European, Arabian and Asian industries engaged to sell their products in that market as well as the PTA Bank (Banque de la ZEP : Zone d’Echange Préferentielle) has been established in Bujumbura for a long time. Foreign investors should choose Burundi because of its strategic position, legal system in favor of investment, natural resources and market size.

III.1.1. Member of EAC Market : 146 Million Consumers

Investors benefit same rights recognized in all of country members. It means that the EAC Partner States have agreed to establish free trade (or zero duty imposed) on goods and services amongst themselves and agreed on a common external tariff (CET), where by imports from countries outside the EAC zone are subjected to the same tariff when sold to any EAC Partner State Goods moving freely within the EAC must comply with the EAC Rules of Origin and with certain provisions of the Protocol for the Establishment of the East African Community Customs Union.

To accelerate economic growth and development, the EAC Partner States maintain a liberal stance towards the four Freedoms of movement for all the factors of production and two Rights between themselves. These Freedoms and Rights include : Free Movement of Goods, Free Movement of Persons, Free Movement of Labor / Workers, Right of Establishment, Right of Residence, Free Movement of Services, Free Movement of Capital.

The Common Market is the second Regional Integration milestone³³ of the EAC, which has been in force since 2010, in line with the provisions of the EAC Treaty. It is necessary to indicate some realizations of these community like following the Customs Union, which became fully-fledged in January 2010. And in 2011, the EAC Summit of Heads of State adopted the EAC Industrialization Policy and Strategy, which aims to support the establishment of a competitive and efficient industrial sector³⁴. The Policy and Strategy will promote the transformation of the manufacturing sector through high value addition and product diversification based on comparison and competitiveness of the region³⁵ as Burundi is member of other regional organizations.

III.1.2. COMESA : 583 Million People or Consumers

The Common Market for Eastern and Southern Africa is a large market constituted by 26 country members including Burundi and good place for investment as this organization created specific organs³⁶ to enforce the COMESA treaty and other additional instrument necessary to improve business and grow economy in the two African regions.

Figure 13 : Map of COMESA

Source : Common Market (eac.int)

To support the integration program, COMESA has established financial institutions to provide not just the much needed credit (the Trade and Development Bank), but also to provide insurance for non-commercial risks (the African Trade Insurance Agency), re-insurance (ZEP-Re (PTA) Reinsurance Company) and to facilitate international payments (the Regional Payment and Settlement System), and to underpin competition in the region (the COMESA Competition Commission)”³⁷. Foreign investors should investigate on these guaranties recognized by different countries in order to avoid the lack of complete information on this large market. These are like COMESA Court of Justice (CCJ) :

• - The Court of Justice of the COMESA was established in 1994 under Article 7 of the COMESA Treaty as one of the Organs of COMESA ;
• - COMESA Business Council (CBC) which is a Business Member Organization and recognized private sector institution of the COMESA. It is the voice of the Private Sector in the region ;
• - The Trade and Development Bank (TDB) also, formerly the PTA Bank, is a trade and development financial institution in Africa. The TDB is the financial arm of the Common Market for Eastern and Southern Africa, although membership is open to non-COMESA states and other institutional shareholders.

III. 1. 3. CEPGL (ECGLC) and Borders Eastern DRC : 16 Million Consumers

The ECGLC (in French CEPGL : Communauté Économique des Pays des Grand Lacs) is a sub-regional organization with multiple purposes created by the signing of the Agreement of Gisenyi in Rwanda on September 20, 1976, aiming at ensuring the safety of member states, favoring the creation and development of activities of public interest, promoting the trades and traffic of persons and possessions, and establishing close cooperation among all domains of political, economic, and social life.

It has three members : Burundi, Democratic Republic of Congo (formerly known as Zaïre) and Rwanda. Its main purpose is to promote regional economic cooperation and integration. ECGLC controls the following institutions : Development Bank of the Great Lakes States (BDEGL), Economic Community of the Great Lakes Countries for Energy (EGL), Institute for Agricultural Research and Animal Husbandry (IRAZ) and International Society for Electricity in the Great Lakes Region (SINELAC) both are very important for economic activities of the member states.

III.1.4. A Bridge between EAC & ECCAS

The Economic Community of Central African States³⁸ ECCAS is composed by Angola, Burundi, Cameroon, Central African Republic, Chad, Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon, Rwanda and Sao Tome and Principe. Geographic position of Burundi stills strategic for facility exchange of goods between EAC, SADEC and ECCAS with its access to Lake Tanganyika and access to the sea by the facilitation of Tanzania facilities. ECCAS aims at promoting and strengthening a harmonious cooperation in order to realize a balanced and self- sustained economic development, particularly in the fields of industry, transport and communications, energy, agriculture, natural resources, trade, customs, monetary and financial matters, human resources, tourism, education, culture, science and technology and the movement of persons with a view to achieving collective self-reliance, raising the standards of living, maintaining economic stability and fostering peaceful relations between the member States and contributing to the development of the African continent. Burundi shall take advantages through this integration in ECCAS, SADEC and EAC in protection and promotion of industry as most of member states in ECCAS are also members of Organisation Africaine de la Propriété Intellectuelle³⁹ (OAPI) African Intellectual Property Organization and the African Regional Intellectual Property Organization (ARIPO)⁴⁰ which already established international mechanisms of promotion and protection of industry, technologies and innovation. Active participation in exchange of knowledges and expertise is one of goals that Burundi should pursue in order to improve more business climate and acquire human resource development necessary for competitiveness and reputation of its system. Burundi commercial justice can follow model practices used in these regional institutions as well as it is still exchanging goods with these countries and that globalization of business impose modernization and standardization of practices.

III.1.5. Connection to the SADC Market through Lake Tanganyika

The southern African development Community is a sub-regional community which in its creation included the goal of promoting sustainable development and facility of exchanges between member states⁴¹. The exchange of goods between Burundi and SADEC are facilitated by the Lake Tanganyika. SADEC stands as another business hub for the sub-region and this state of things creates other needs for efficiency of legal framework in improvement of business climate.

Figure 14 : The Map of SADEC and Connection to Burundi by Lake Tanganyika

Bujumbura Port established on the Lake Tanganyika is the largest port in Burundi and on the Tanganyika, Lake followed by Mbala-Mpulungu Port of Zambia, Kalemie Port-Democratic Republic of Congo and Kigoma Port in Tanzania. In 2010, the port’s facilities and equipment handled some 170 000 tons of goods, 100 000 of them by lake and 70 000 by land⁴².

III.2. Diversity of Investment’s Opportunities

The following list represents expressed priority not only in term opportunity⁴³ but also as the main needs and foundation for development and competitivity :

➢Mining: Nickel, gold, wolframite, Rare Earth, Vanadium, coltan, etc.As example, research in mining sector confirm that Burundi has 6% of world reserves of nickel with 180 million tones estimate. Research of Uranium is underway.

➢Energy : Hydro & Solar power plants construction,

➢Agro-processing : Coffee, black tea and green tea, cotton, palm oil, fish, raw hides, fruits, and vegetables, etc.

➢Manufacturing : soft drinks, carbonated/mineral waters, dark glass bottles, beer, sugar, cosmetic products, etc.

➢Transport : Roads construction, Maritime transport on Lake Tanganyika, Air Burundi and Makamba-Musongati-Gitega railway construction,

➢Health and Educational infrastructure

➢Tourism (High standard 4 or 5-stars hotel with an international conference center, Supermarket, Malls)

➢Financial Institutions (Banking & micro-financing)

➢Information Technologies & Communication

➢Real Estate and Government Buildings construction,

➢Special Economic Zone & Warehouse and Cooling depot at Bujumbura Airport.

Among existing resources that the Country is receiving FDI beside the agriculture which is practiced by over 80 percent of people and that the agribusiness for exportation cover Coffee, tea and fruit mining sector is receiving FDI and Government attached importance to the diversification of activities in order to get economic stability and promote job opportunities. But, thinking that the country potentialities are not well known by a large community of foreign investors, tendency is a preponderance of those who do their own research or directly informed by national partners or operating companies.

The results of the “Cup of Excellence” competition, which is organized every year with to select the best quality coffees known as specialty give ample details on the quality of Burundi coffee as winners can change. After 2015 and 2017 for example, coffee processing and export company Greenco won the award for the best coffee produced in Burundi for the third time⁴⁴. The Rubagabaga washing station won with a score of 91.43%. Another example concerning rare Earth may appear surprising but real one among others in mining sector. In Africa, several major rare earth projects are announced in the coming years, but the Burundian Gakara mine has been the only one in operation since 2017. Burundi is therefore acting as a pioneer for the time being, in that it shows the way forward for other nations such as South Africa, Namibia, Tanzania, or Angola⁴⁵.

III.3.1. Reforms of Office and Services

Burundi has adopted a strategy of continuous reform of the legal framework. For example, the creation of the Burundian Tax Authority (OBR) for tax payment services with collection returns. It has also adopted a more attractive investment code and created new institutions such as the API, following the models of its partner states and the Burundian Office of Standards (BBN) to ensure the competitiveness and quality of products in accordance with ISO standards. Burundi has also improved tax transparency and provided benefits to investors, including :

1. Exemption from property transfer fees (transfer fee)

2. No tax on raw materials, capital goods and specialized vehicles,

3. No tax is charged if the goods relating to the investment are made within the EAC or COMESA,

4. Corporate tax rate : 30%. It is reduced by 2% if a number of 50 to 200 Burundians are employed ; it is reduced by 5% if more than 200 Burundian nationals are employed.

5. Free repatriation of profits after payment of tax.

III.3.2. Business Environment and Reforms with other Aspects

Institutions for better economic and political governance (anti-corruption court, Secretariat for economic & social reforms). November 2010 Doing Business Steering Committee involving the 2Vice-President office, 10 ministries, API & other public and private key stakeholders. From 2020, the national committee is under the administration of Prime Ministry.

Burundi reinforced the one stop shop for starting business, construction permits and registering property. The one-stop-shop for starting a business have streamlined and remodeled institutions and processes for business registration. This became operational since March 2012 and investor can register a company in 2 hours and for US $ 20 only (BIF 40,000). The launch of the electronic single window for business transactions with harmonization of commercial laws with those of EAC, the adoption of the law reorganizing mining and energy (electricity) sector in Burundi constitute the particular reforms to improve business climate. These results have their value for the appreciation of investors who should still consider absolutely the content of some reports which do not take account these reforms.

The liberalization of the electricity sector with regard to the purchase of connection equipment such as transformers, which gave consumers the opportunity to obtain these materials from suppliers of their choice without having to wait for their availability by the REGIDESO is not considered by doing business conclusion⁴⁶. This policy of liberalization of electric energy normally opens up opportunity to investors able to join this sector. Investor can plan to include in his budget the empowerment of energy or to be associated with others operating in the same locality as the natural and climatic conditions of Burundi (abundance of waterfalls, sunshine for a long period of the year) are conducive to the diversification of energy sources : hydroelectricity, solar, peat, etc.

III.3.3.1 Investment Promotion Agency

As a result of the increased international competition for Foreign Direct Investments and the associated economic and social development potential, most countries have developed an Investment Promotion Agency, whose role is very significant for the economy of a country since it is not limited to only attracting FDI, but also to ensure that their impact on development is beneficial and sustainable, while boosting local investment. In this context Burundi Investment Promotion Agency (API) was established by Presidential Decree N° .100/177 of October 19th 2009, based on the Burundi investment Code, voted by the Parliament in 2008 and is under the umbrella of the Ministry in charge of Planning which is currently the Ministry of Finance, Budget, and Cooperation for Economic Development to make short the process of registration of new company or starting a business⁴⁷.

This Agency coordinates different offices in charge of registration, collect of fees of registration, delivery of permit of construction, tax etc. The advantages for the investor for example are that the service that he/she might need to request in trade court for registration is moved inside of the same agency as it is made for those other services from different ministries. This shortened the time of creation of enterprise to 24hours if the investor brought necessary documents. The cost of creation of enterprise had become law due to the reduction of time and transportation fees associated, availability of typical statutes for all forms of Company at the Agency, facility in authentication of documents related to registration of companies.

III.3.3.2. Opening a Subsidiary Company

A foreign company that needs to open a branch in Burundi can apply and submit the following documents : notarized statutes of the parent company, the Registration Certificate of the parent company, Minutes of the General Meeting of Shareholders authorizing the creation of the branch in Burundi and a proof of the decision that designs the representative of the parent company at the creation of the subsidiary.

The physical presence of the representative of the parent company at the time of the demand to open the commercial agency is needed. Fees : 40,000 Burundian francs for the Trade Register.

Chapter IV : Conclusion

This paper aimed to introduce to readers the Burundi commercial justice and share the state of protection of business company with its effect in East African Community where it is member. The potentialities for investment recognized for East African Community are applicable to member states andwith multiple options to be extended in other regional organization where Burundi consented its interest for economic growth.

As a landlocked country, Burundi opted the integration in subregion and cooperation with neighbor countries like Tanzania and benefit facilities to access to the Indian Ocean. Bilateral cooperation with the United republic of Tanzania for example provided direct exchange of goods from other countries to Burundi and vice versa and Customs offices work together to facilitate importation and exportation of goods by sea. The cooperation among specific institutions of Burundi and others member states of EAC, COMESA, CPGL and other regional organizations like ARIPO and OAPI should improve the quality and competitiveness of services and grow the level of development of industrial sector.

The lack of experts in some profiles necessary for attracting Foreign Direct Investment and improving innovation and technologies should be avoid by easy way of exchange of experience and partnership with existing international professional institutions. Burundi civil procedure law authorizes the court to request experts in matter that professional judges and assessors are not familiar with or do not have background relating to the matter if the case needs specific and technical knowledges. The integration of Burundi in the various regional organizations in Africa and above all the ratification of instruments relating to them has opened up access to the country and investors all rights protected by these treaties and recognized to member states.

EAC member states still having option to use bilateral cooperation with other international technical center to face the risk of delay in term of establishment of necessary services that may be caused by financial issue. The experience of EAC Court of Justice on constitutionality issue relating to general elections in Burundi in 2015 can be taken as a proof of possibility of efficiency of enforcement of the Treaty establishing the community and the necessity for member states to establish and strengthen a regional commercial justice in order to ensure security of investment in the Community. As the Community has already been attractive due to the policy, multiple opportunities and its strategic position on the continent, the implementation of Regional arbitration center will assure quick resolution of conflicts linked to inter-states regulation on business matter.

The creation of a Regional Intellectual Property Court at the level of EAC is a necessity to strengthen more the attractivity of FDI and promote innovate on and technology transfer in the community. I expect that Burundi commercial justice will be more efficient in guarantying and improving business climate if different reforms taken continue to be enforced and shared to investors. Technical cooperation with regional organizations and their experienced institutions in international trade and innovation, regulation and case review is more than an urgent need for Burundi, like any other developing country in that it will strengthen human resources at a lower cost and more quickly than to project for long term the creation of such specialized institutions on national level. Professionals of commercial Justice in Burundi should be connected to the COMESA Court of Justice which is at the top of 21 African Member States that came together with the aim of promoting regional integration through trade and the development of natural and human resources for the mutual benefit of all people in the region. The reforms shall be more complete not only with the regionalization of trade policy, but also with good technical cooperation between the institutions responsible for implementing these reforms.

Footnotes

1 The author of this paper is a student at Kansai University 2020-2022 and Japan International Cooperation Agency (JICA)- ABE Initiative Participant of Master’s Degree and Internship Program of the African Business Education Initiative for Youth. He is also Judge at Bujumbura Trade Court (Burundi). He is doing research on protection of Business companies by legal framework in developing country with regard on strategies of Intellectual Property. The following link is his referential address in JICA-ABE Initiative Program: URL:https://www.jica.go.jp/english/countries/africa/internship.html

2 http://www.eac.int

3 Nikoloz Gineishvili, P.M.K.W., 2014, How Solid is Economic Growth in the East African Community? Ke Wang ; IMF Working Paper No 14/150 ; https: //www. imf. org/external/pubs/ft/wp/2014/wp14150pdf

4 Customs Union (eac.int)

5 ARUSHA accords for Peace and Reconciliation for Burundi 2000/8/28

6 https: //www. achpr. org/pressrelease/detail? id = 382 (African Commission on Human and Peoples’ Rights Press release)

7 ARFIC : le café burundais classé premier sur le marché mondial (rtnb.bi.) found on https://rtnb.bi/fr/art.php?idapi=1/6/218

8 https://www.allianceforcoffeeexcellence.org

9 MAGENDIE, J.C., «Reformer : Pour une justice commerciale rénovée et réhabilitée», Le Club des juristes, 2014, p. 184.

10 Article 53 to 56 of Law nr. 1/004 of 14 January 1987 reforming the law of Judicial and organization ; Reviewed decree-law nr. 1/003 of 16 February 1998 and articles 16, 17 and 18 of Code of commerce. http://www.droit-afrique.com/upload/doc/burundi/Burundi-Code-2015-commerce.pdf

11 Specific provisions of Law nr. 1/13 of 28 July 2009 relating to industrial property in Burundi like Chapter VII- on compulsory licenses articles 91 to 95. http://www.droit-afrique.com/upload/doc/burundi/Burundi-Loi-2009-propriete-industrielle.pdf

12 Order 550/720 of 08 May 2014 establishing missions and operation of a special commercial chamber at the Bujumbura Court of Appeal, BOB 2014, No. 5, p. 721.

13 Articles 68 to 71 of code of commerce (of 2015)

14 Decree No. 100/126 of 23 April 2012 to revise Decree No. 100/136 of 16 May 2011 on missions, organization and operation of a Ministerial Cabinet Coordination.

15 Decree 100/127 of 23 April 2012 to revise Decree No. 100/137 of 16 May 2011 on Missions, Organization and Operation of a Permanent Secretariat.

16 Decree 100/098 of August 8, 2018, carrying, missions and organization of the Ministry of Justice, Civic Protection and Seal Guard.

17 Former Directorate of Judicial Organization according to the former organization arising from Decree 100/122 of November 28, 2005 organizing the Ministry of Justice and Seal Guard.

18 Article 7 of Chapter II of Protocol I, Law No. 1/017 of 1 December 2000 adopting the Arusha Agreement for Peace and Reconciliation in Burundi.

19 Article 143 of Burundi Constitution of 18 March 2005.

20 Article 167 of code of commerce 2015

21 Article 46 of Law relating to code of Judicial Organization and Competence

22 Articles 359 to 382 of the Code of Commerce concerning referrals, the procedure of injunction to pay, issue or return

23 Interview with Elisabeth KABURA, Presiding Judge of Bujumbura Trade Court, December 2020.

24 Article 47 of Law relating to code of Judicial Organization and Competence (2004)

25 Report on state of Bujumbura Trade Court, Gitega 2017

26 Law 1/08 of 15 March 2006 relating to the judicial concordat of the company in difficulty (assemblee.bi)

27 Article 48 of Law relating to code of Judicial Organization and Competence

28 https://fortuneofafrica.com/burundi/federal-chamber-of-commerce-and-industry-of-burundi-cfcib

29 Article 49 of Law relating to code of Judicial Organization and Competence

30 Order 550/720 of 08 May 2014 establishing, missions and operation of a special chamber in commercial matters at the Bujumbura Court of Appeal

31 Articles 221 of the Constitution and 1st of Law 1/07 of 25/02/2005 governing the Supreme Court

32 http://isoko.bi.

33 Common Market (eac.int)

34 https://www.eac.int/ Investment Promotion and Private Sector Development (eac.int)

35 https://www.eac.int/ idem

36 https: //www. comesa. int/comesa-institutions (COMESA Institutions – Common Market for Eastern and Southern Africa (COMESA)

37 Idem

38 https://www.pacci.org/economic-community-of-central-african-states-eccas

39 https://www.adams.africa/works/oapi/ OAPI - Organisation Africaine de la Propriété Intellectuelle (adams.africa)

40 https://www.aripo.org/

41 SADEC Consolidated Treaty, Article 5 (a)

42 https://www.afdb.org/en/documents/ Burundi - Bujumbura Port and Lake Tanganyika Transport Corridor Development Project - ESIA Summary / African Development Bank- Building today, a better Africa tomorrow (afdb.org)

43 https://www.investburundi.bi/index.php/contact

44 http://burundi-eco.com/ Burundi Eco Compétition « Cup of Excellence », La station de lavage de « Rubagabaga » remporte la première place - Burundi Eco (burundi-eco.com)

45 https://www.nsenergybusiness.com/projects/gakara-rare...

46 https://www.investburundi.bi/index.php/24-pages/creation-des

47 https://www.investburundi.bi/index.php/24-pages/creation-des-societes?start=12