Burundi Constitutional Referendum Scheduled

After enduring more than a decade of civil war and the postponement of a constitutional referendum three times in 2004, Burundians will decide at the end of this month whether to adopt a new constitution (MS Word document in French). The constitutional referendum is the first step towards local and national elections in April 2005, the first democratic elections since 1993 when the country’s first-ever democratically elected president was assassinated. The constitution will become the country’s sixth constitution since the country achieved independence in July 1962.

2005 Constitution – Referendum
The constitutional referendum and elections have been delayed several times, extending the administration of the current government under the Transitional Constitutional Act of October, 2001. The delay of the referendum has been attributed to “technical constraints“, legal and logistical difficulties with voter registration and political maneuvers by current transitional President Ndayizeye to add an amendment to the constitution which would allow him to be elected president in the upcoming general elections.

The
Arusha Peace Accord (Accord d’Arusha Pour La Paix et Le Reconciliation Au Burundi) signed by 19 parties bars transitional President Domitien Ndayizeye and former President Pierre Buyoya from serving as president of Burundi for five years after the first elections (Article 20 (11)) . According to the proposed constitution, the first post-transition president is to be elected by the parliament, with subsequent presidents elected by popular vote. President’s Ndayizeye’s proposal for an amendment to allow him the means to continue power drew criticism and warnings from his own political party, FRODEBU, and the chief mediator of the peace process, South African deputy President Jacob Zuma.

In theory, the current transitional constitution permits freedom of religion and political demonstrations but with the approaching elections, government crackdowns on radio, newspapers, and political demonstrations have increased.

Constitutional Quotas
The presidents of South Africa, Rwanda, and Uganda helped draft the proposed 307-article Burundi constitution, which includes constitutional quotas for both ethnic and gender representation. Rwanda and Uganda use constitutional quotas for gender representation. South Africa implements gender quotas within the policies of political parties, avoiding constitutional and election law quotas.

• Ethnic Quotas
The new power-sharing arrangement in Burundi is based on a 50-50 split for the Senate and a 60-40 split between the Hutu and Tutsi tribes for the National Assembly (Article 164). The indigenous Batwa, who previously had no political representation and were not signatories of the referendum, are to be awarded three co-opted seats in each body in accordance with electoral code.

• Gender Quotas
The constitution requires at least 30% women representation in the National Assembly (Article 179) and at least 30% in government (Article 129).

Will quotas be the answer?
Current Burundian President Ndayizeye feels that ethnic quotas are necessary for stability and that in this election, voters must elect parties, not candidates. In his open letter to the public, Ndayizeye defends this policy of closed/locked lists:

So, we found that closed lists are a way to share power 
and get those quotas through elections. Otherwise, we 
may come in a situation when one ethnic group is 
excessively elected, therefore leading us in other 
conflicts while it is what we are fighting against.

That's why we found it good to keep the closed list. 
That article cannot be changed !

While the proposed Burundian constitution marks a significant step forward to achieving peace and stability among the different ethnic groups in the near-term, opponents to the constitutional ethnic quotas feel that this imposed solution will be untenable in the long-term. These critics are quick to point out the historically oppressive policies that put ethnic quota limits on who could attend school, obtain government jobs, and operate companies. Will the citizens accept a constitution that implements mandatory ethnic identification and quotas of candidates and parties?

Will the women accept the constitutional quotas as beneficial to establishing de facto equality sought by women’s groups in the 1990s or will they see the entrenchment of quotas as violating Article 4 of the Convention on the Elimination of All Forms of Discrimination Against Women, ratified by Burundi on 4 April 1991?

The constitutional referendum is scheduled for February 28, 2005. The President of the Independent National Electoral Commission (CENI) estimates that 3.5 million of Burundi’s 7 million citizens are qualified to vote and that over 3 million have registered to vote. Today, Burundi recognized its 35th political party, Party for Burundi’s Economic Independence (PIEB).

Additional news resources (in French/Kirundi)

Additional news resources (in English)

Additional academic resources (in English)

Constitution Making and Nation Building Nicholas R. L. Haysom
Legal clinics in Ruyigi and Bururi, Burundi Sponsored by ACCORD and UNHCR

Burundi Constitutional Referendum Scheduled

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