Burundi: The ethnicity of a person born of a Tutsi mother and a Hutu father or vice versa; the treatment of people born of mixed couples by members of these two ethnic groups; state protection available
The ethnicity of a person born of a Tutsi mother and a Hutu father or vice versa
According to a professor of criminal law at the University of Burundi, interethnic marriages are relatively rare (10 Feb. 2008). In addition, a professor emeritus of political science at the University of Florida, who is a member of the African Studies Association, stated that Hutu/Tutsi mixing is [translation] "technically unthinkable" because the child inherits the Hutu or Tutsi ethnic identity of his or her father (Professor emeritus 8 Feb. 2008). However, according to the Profeesor of criminal law at the University of Burundi, there are exceptions to this general rule (10 Feb. 2008). The child can voluntarily choose to be part of his or her mother's ethnic group as long as its members accept him or her in their group (ibid.). Cases of [translation] "people born of mixed couples who want to remain neutral with regard to the two ethnic groups" are another exception, but these cases are [translation] "very rare" (ibid.).
The treatment of individuals born of mixed couples by the members of the two ethnic groups
According to the Professor of criminal law at the University of Burundi, a person born of a mixed couple is generally treated as a member of his or her father's ethnic group (ibid.). A researcher, who is also executive director of a non-governmental organization (NGO), pointed out that people of mixed ethnic origin can, nevertheless, be associated with either of the ethnic groups based on arbitrary criteria such as physical appearance (Researcher 10 Feb. 2008). The same Researcher stated that "[p]eople of mixed origin may be at particular risk of persecution if they do not align themselves (or are not considered by perpetrators to be aligned ... to the correct group" (ibid.). Corroborating information could not be found among the other sources consulted by the Research Directorate.
State protection available
According to a professor of law and politics at the University of Antwerp, under the existing law in Burundi, a person who is born of a mixed couple has no special status (8 Feb. 2008). The Burundian authorities provide no particular protection to mixed-race people (Professor emeritus of political science 8 Feb. 2008; Professor of law and politics 8 Feb. 2008; Professor of criminal law 10 Feb. 2008). According to the Researcher/NGO Executive Director, the state's ability to protect members of the mixed-race minority is limited, and this protection depends more on changes in social values than on state willingness (10 Feb. 2008).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Researcher/Executive Director of a non-governmental organization. 10 February 2008. Correspondence sent to the Research Directorate.
Professor of law and politics at the Institute of Development Policy and Management (IOB) at the University of Antwerp. 8 February 2008. Correspondence sent to the Research Directorate.
Professor of criminal law at the University of Burundi. 10 February 2008. Correspondence sent to the Research Directorate.
Professor emeritus of political science at the University of Florida. 8 February 2008. Correspondence sent to the Research Directorate.
Additional Sources Consulted
Oral sources, including: A professor at the University of Kinshasa and a representative from Avocats sans frontières did not respond to requests for information within the time constraints.
Internet sites, including: Africa Confidential, Africa Research Bulletin, Africa Today, afrique-express.com, Burundi Réalités, burundiexpress.org, Factiva, Jeune Afrique, Minority Rights Group International.