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Periodical article Periodical article
Title:Burundi-Tambour: Commentaire juridique d'une réglementation polémique
Author:Niyonkuru, Aimé-Parfait
Year:2018
Periodical:Recht in Afrika = Law in Africa = Droit en Afrique (ISSN 2363-6270)
Volume:21
Issue:2
Pages:189-207
Language:French
Geographic term:Burundi
Subjects:law
musical instruments
Link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6270-2018-2-189
Abstract:On 20 October 2017, the President of Burundi, Pierre Nkurunziza signed a Presidential Decree regulating the exploitation of the Burundian drums at both local and international levels. Too much has been said and written about this regulation, which seems to be among the most criticized legal texts adopted over the recent past years. This article focuses on four major legal issues raised by the abovementioned Decree. Firstly, it questions the legality of the ban of women from playing drums. Secondly and from a legislative drafting perspective, it addresses the issue of prohibitions not accompanied with sanctions in the Decree. Thirdly, from a legal perspective, it discusses the raison d'être or the justification of the Government intervention in the regulation of the exploitation of Burundian traditional drums, with a particular focus on the issue of the royalties to be paid by the operators of the said drums. The last issue examined in this article deals with the extraterritorial scope of the Presidential Decree No 100/196 of 20 October 2017.
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