Burundians Vote “Yes”

More than 90 percent of Burundians said “yes” to the new constitution ! Locally, you would hear “oui” in French and “ego” in Kirundi, the two official languages. Hopefully, many Burundians are also saying “AMAHORO“, the word for peace in this worn-torn country currently stricken by drought, famine, and U.N. scandal. The new constitution will become the sixth constitution since independence.

Referendum Stats: (expected to be certified Thurs.)
2,479,184 votes “yes”
   225,890 votes “no”

Total votes: 2,705,074

Background: 1962 Constitution
Burundi’s original constitution was promulgated in October, 1962, a year after the country achieved independence from Belgium who received a mandate of governance in 1922 under the supervision of the League of Nations thereby ending Germany’s three decades as ruling power of Burundi. During German and Belgium governance, Rwanda and Burundi were considered one country, “Ruanda-Urundi.” The 1962 constitution annulled the provisional constitution of 1961, written prior to independence, which gave Belgium continued powers. Before the country’s first constitution was approved, elections were held to determine the government structure after independence.

A month after the country’s first elections in September 1961, presidential candidate Louis Rwagasore, son of King Mwambutsa IV, was assassinated by a Greek gunman financed by Belgian authorities. The Burundian politicians decided the best path to stability and self-rule would be to establish a parliamentary monarchy with most powers held by the current King, referred to as “Mwami”. The constitution established three branches of power: executive, legislative and judicial. The King retained full control of the executive branch and shared control with the parliament of the legislative branch. The legal and judicial system continued to be based on both German and Belgian civil codes and customary law.

In 1966, after the elections of 1965 resulted in the politically motivated ethnic assassinations of at least 500 Tutsis and 2,000 Hutus and failed coups, the King transferred power to his son Prince Charles Ndizeye. Prince Ndizeye suspended the constitution, proclaimed a republic, and declared himself King, “Mwami Ntare V”. A successful coup at the end of that year unseated Ntare V and installed Michael Micombero as head of state. He then suspended the 1962 constitution.

Background: 1974 Constitution
In 1974, a second constitution, introduced by Micombero, was promulgated and granted increased power over all three branches to the head of the executive branch. Moreover, the second constitution was written such that Micombero would automatically become head of the executive branch. Two years later a coup d’état resulted in the suspension of the 1974 constitution and the president retained all powers.

Background: 1981 Constitution
A new constitution was promulgated in 1981 with the stated goal of unifying the country, abolishing a feudal land-ownership institution known “Ubugererwa”, and providing equality to all. The human rights protections of the 1981 constitution were rarely upheld and led to increased systematic discrimination of Hutus, another coup in 1987, and the ultimate suspension of the 1981 constitution.

Background: 1992 Constitution
For five years from 1987-1992, the public participated in discussions on national unity, human rights, and the future of the country. Optimism prevailed on the international stage as this unstable country, known for its authoritarian regimes and human rights violations, ratified the following international agreements:

• African Charter on Human and Peoples’ Rights (28 Jul 1989)
• International Covenant on Civil and Political Rights (9 Aug 1990)
• International Covenant on Economic, Social and Cultural Rights (9 Aug 1990)
• United Nations Convention on the Rights of the Child (9 Aug 1990)
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (4 Apr 1991)

The country did not and still has not agreed to compulsory participation in the International Court of Justice.

Then, in 1992, just after a third constitution was approved by referendum and democratic elections were held, the country was thrown into a decade of socio-political crisis. The country’s first democratically elected President, Melchiot Ndadaye, was assassinated in 1993, followed by the suspicious death of the subsequent President, Cyprien Ntaryamira, who died in the same 1994 plane crash that killed Rwandan President Juvénal Habyarimana. The two leaders were returning from a meeting in Tanzania to discuss ways to decrease ethnic violence. Their deaths sparked the 1994 genocide in Rwanda, as well as substantial ethnic violence in Burundi. The International Criminal Tribunal for Rwanda delivered the “first-ever judgment on the crime of genocide by an international court.” Since the violence in Burundi did not reach the same scale as that in Rwanda, the deaths in Burundi have not been declared genocide. In the 1990s, more than 300,000 Burundians died from war and war-related causes.

2001 Transitional Constitution
The Transitional Constitutional Act was promulgated in October 2001 when former President Buyoya and Vice President Domitien Ndayizeye agreed to serve 18 months each as the first and second president of the transition government.

2005 Constitution
The constitutional referendum took place on February 28, 2005. More than 2.7 million Burundians, about 90% of registered voters, turned out at the polls. It is estimated that there are between 3-3.5 million eligible voters in the country. An overwhelming 91% voted in support of the new constitution.