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Politics

The Government System of Burundi

We have reached the final B-country before we move on to the C-countries and this little guy ending off the Bs is a small landlocked country in South-East Africa in the Great Rift Valley region which is where the African Great Lakes and East Africa converge. Burundi is bordered with three other countries which are Rwanda, Democratic Republic of the Congo and Tanzania, it also has a coast along Lake Tanganyika and the capital city, Bujumbura, is located at the North-Eastern tip of this lake, which is the 2nd deepest lake in the world after Lake Baikal, which you should check out my post on from last week, to do with strange alien-goings on there.

Burundi was once an independent kingdom until it was colonized by the German Empire at the beginning of the 20th Century, where both the territories of Rwanda and Burundi were ruled over as Ruanda-Urundi, part of German East Africa. During World War I the colony was occupied by Belgium and was then ceded to them after the conclusion of the war. Burundi would eventually get independence in 1962, but the country would go through a long unstable period full of deadly military coups, assassinations, genocides and civil wars due to disagreements between the two largest ethnic groups, the Hutu and Tutsi.

These atrocities and wars would lead to the fall of the country’s monarchy and to a one-party state and eventually multi-party democratic republic that takes the two main ethnicities into account, but tensions remain and corruption in government is high.

Kirundi, a Bantu language, is both the national and official language in Burundi and French and English are also recognised as official languages. The currency used is the Burundian franc. The country’s population is estimated to reach 11,865,821 by July 2020.

Government Type

Burundi Coat of Arms.

Burundi’s government system is a Presidential Democratic Republic where the President is both Head of State and Head of Government and there is a bicameral upper and lower chamber parliament that operates legislative government. Multiple parties are allowed.

NOTE: The CIA World Factbook claims that the latest 2018 amendment to the constitution has re-introduced the position of Prime Minister. But I believe this has yet to be fully implemented so it is likely this post will be outdated at some point in the near-future.

Executive Government

Current President Pierre Nkurunziza. Photo by the World Economic Forum on Flickr. License.

As said, there is a President that leads the executive government as Head of Government and who is also Head of State representing the country abroad in foreign and diplomatic affairs. The President has a number of executive powers at their disposal. A number of the President’s powers require a counter-signature to perform either from the Vice-President or Minister concerned.

The President in consultation with the Vice-President appoints the members of government (note there used to be two Vice-Presidents but the latest 2018 amendment has reduced to just one Vice-President). The President presides over the Council of Ministers. The President also nominates provincial governors which are confirmed by the Senate.

As part of keeping balance between the two main ethnic groups in the country the constitution determines a fair balance of Ministers. Of ministers and vice-ministers there must be at least 60% who are of the Hutu ethnic group and 40% who are of the Tutsi ethnic group. At least 30% of ministers and vice-ministers must also be female.

Parties that got 20% or more of the vote in parliamentary elections are guaranteed a proportional number of ministers.

The Minister in charge of National Defense must not be the same ethnicity as the Minister in charge of National Police. (presumably as a way to better prevent coups from happening or being successful if they do happen).

The Government determines and conducts political agenda of the nation through decisions taken by the Council of Ministers. All ministers and members of government are accountable to the President and also the bicameral parliament.

The President dissolves the parliament for elections. He can also call by decree an extraordinary session of parliament.

The President can dismiss the Vice-President.

The President is also the Commander-in-Chief of the Corps of Defense and Security. After consultation with the government, the National Assembly, the Senate and the National Council of Security the President can declare war or sign an armistice. These powers do not require a counter-signature.

Appoints members to the superior civil and military offices with consent of appointees from the Senate (upper chamber of parliament).

The President also appoints (with Senate confirmation) and recalls ambassadors and extraordinary envoys.

The President has the power to pardon people from crime, which he can perform after consultation with the Vice-President and the Superior Council of the Magistracy. The President does not require a counter-signature for this power.

During extraordinary times such as if the country’s independence or integrity is threatened or if international engagements are threatened in a grave and immediate manner and the regular functioning of public powers are interrupted the President can be granted exceptional emergency powers, which is after consultation with the government, National Assembly, Senate, National Council of Security and the Constitutional Court.

The President also promulgates law bills passed by parliament. The President can choose to send the law bill back to demand a review of the law bill or certain texts in it, in this instance if the text or law bill isn’t changed in any way then at least three-quarters of the National Assembly members and three-quarters of the Senate members are needed to vote it through again and which if happens the President must promulgate.

The President can call national referendums on certain things such as constitutional text that are legislative or otherwise, that may have profound effects on life and future of the nation or on the nature and functioning of institutions of the Republic.

The President appoints magistrates on the proposal of the minister concerned (having justice within their attributions), taking on board the opinion of the Council of the Magistracy. The Superior Council of the Magistracy members are comprised of five members designated by government, three judges of superior jurisdictions elected among themselves, two magistrates of the Public Ministry elected among themselves, two Judges of the Ordinary Tribunals of Residence elected among themselves and finally three members exercising a juridical profession in the private sector. The members are also nominated by the President and confirmed by the Senate.

Judges of the Supreme Court are nominated by the President on preposition of the appropriate minister, after the opinion of the Council of the Magistracy and are then approved by the Senate. Members of the Constitutional Court are nominated by the President and approved by the Senate.

The President can be impeached by a two-third vote of the National Assembly and Senate together.

Legislative Government

View of the capital city Bujumbura. Photo by Amakuru. License.

The legislative government is made up of a bicameral parliament with an upper and lower chamber which main function is to introduce laws, vote and debate on law bills and pass or amend and then pass or reject law bills. They also vote on an annual state budget.

Both the National Assembly and Senate can join together to impeach the President in a two-third vote of all members. The National Assembly can also censure the government with a two-third vote leading to it likely being dissolved by the President. The National Assembly can also vote on a motion of insubordination of a government member with a two-third vote leading to their resignation if successful.

The National Assembly has at least 100-members but will often have additional co-opted members to meet constitutional quota requirements for ethnicity groups and females. The National Assemblies members elect a President and Vice-Presidents of the Assembly who moderate debate, agenda and make sure the chambers rules are followed.

The Senate has currently at least 43 (39 who are elected/co-opted) members but additional members may be co-opted to meet constitutional quota requirements. The Senate after elections will elect a President and Vice-Presidents of the Senate who serve the same functions as the President and Vice-Presidents of the Assembly but who hold a higher precedent.

The Senate has different additional responsibilities to the National Assembly which includes approving amendments to the constitution, organic law and electoral law. Approving texts of laws concerning limitations, attributes and powers of territorial entities. Lead investigations into public administration. Oversees and controls application of constitutional ethnic and gender requirements. Councils the President of the Republic and President of the Assembly on questions. Formulates observations or proposes amendments concerning legislation adopted by the National Assembly. Elaborate and make propositions of law for review of the National Assembly.

Additionally, the Senate approves nominations for the chiefs of the Corps of defense and security; province governors; ambassadors; the Ombudsman, members of the superior council of the Magistrate; members of the Supreme Court; members of the Constitutional Court; Attorney General of the Republic and the magistrates of the Prosecutor-General of the Republic; the President of the Court of Appeals and the President of the Administrative Court; the President of the Courts of First Instance, of the Court of Commerce and of the Court of Labour; the Prosecutor-General near the Court of Appeals; the prosecutors of the Republic and finally the members of the national, independent Electoral Commission.

Commissions exist in the National Assembly that allow functioning such as the creation and introduction of law bills, the creation and overview of parliamentary chamber rules as well as commissions made for investigatory purposes among other functions. Commissions in the Senate can be formed for investigatory purposes.

Law bills must be agreed upon and passed by both chambers of parliament, ping-pong can happen between the houses if there is a continued disagreement over a bill such as amending, if this happens the President may intervene after a specified period explained in the constitution and make a commission that attempts to agree on the text of the bill and have it accepted, but the President can dismiss the bill outright if no agreement can be reached after these options are exhausted.

When a law bill is passed it goes to the President for promulgation.

Electoral System

Public Domain.

The most recent constitutional change in 2018 has increased the President’s term from 5 to 7 years and which two-terms can be served max (14 years), this change has been condemned by the opposition and internationally, especially as it reset the number of terms the current president can serve. Presidential elections require a candidate to get an absolute majority to win the 1st round, if not then a 2nd round is held between the two candidates with the highest votes, which is won by simple majority. The Vice-President is elected on the same ballot.

Presidential candidates must have the quality of elector as specified by electoral law, be a Burundian citizen from birth, be at least 35-years or older, live in Burundi at the moment their candidacy is put forward and enjoy all civil and political rights as well as subscribe to the constitution and Charter of the National Unity. Additionally, candidates may be disqualified for having been condemned for crime or misdemeanors and electoral law determines how long until someone recovers their eligibility.

On top of all the above the presidential candidates require backing from 200-persons taking into account ethnic and gender composition to be eligible.

Parliamentary elections for the National Assembly are held every 5-years.

100 members are elected to the National Assembly (lower chamber of parliament). They are elected from multi-seat constituencies using a party-list proportional representation system where parties that get at least 2% of the vote are guaranteed to be represented in the chamber. Additional members are co-opted to reach constitutional requirements of Hutu’s and Tutsi’s as well as female and Twa representation, at least 60% of members must be Hutu, 40% Tutsi and 30% female, three Twa members are co-opted. The Twa are a Bantu ethnic group native to the Great Lakes region.

Candidates must have Burundian nationality and origin, be at least 25-years old and enjoy all civil and political rights. Criminal convictions or offenses under common law can prevent candidates from being eligible to run with the amount of time until they are eligible again determined by electoral law.

Elections are held every 5-years for the Senate where 36 are indirectly elected using an electoral college system of communal councillors, out of the 36 members two are elected from each province, one Hutu and one Tutsi. The system is a three-round one where candidates need to reach a threshold of two-thirds of the vote in the first two-rounds. If two or more candidates still have two-thirds of the vote in the 2nd round then a 3rd round is held between the top two candidates won by simple majority. Females must make up 30% of members and additional members may be co-opted to achieve this. Former living Heads of State also get a seat by right which they keep for life and finally three members are co-opted to represent the Twa ethnic group.

Candidates must meet the requirements of the National Assembly but also be over 30-years-old.

To vote one must be a citizen of Burundi and also be at least 18-years or older. Voting is not mandatory.

Sources

My sources are from the 2005 Burundi constitution but I was unable to find the pdf for the 2018 amended version and so my information on that may possibly be incomplete but I got what I could from articles such as this one and wikipedia reference sources to the changes. I also used the CIA World Factbook and Burundi entry and Google for info on population and how the constitution can be changed and further information on the 2018 constitutional amendment. If you are using this for serious research make sure to cross-research as it is possible, I may have mis-interpreted some things. Cross-research on 2018 amendments is especially essential.

The constitutional can be amended on proposal of the President or by an absolute majority proposal accepted by an absolute majority of both chambers of parliament. The amendments require a four-fifth vote to pass the National Assembly and two-third vote to pass the Senate. Constitutional Amendments can also be put to a National Referendum by the President.


Next up we will begin the C-countries with Cambodia’s government system!

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