Burundi: Electoral System

Updated June 2010

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Legal and institutional framework

Legal basis
Electoral system President is directly elected by universal suffrage with an absolute majority for five year term once renewable[1].
National Assembly members elected by proportional representation from closed multi-ethnic party lists for each province; minimum quota of 2% of the votes for representation; must have 60% Hutu and 40% Tutsi members, at least 30 % women; three members of Twa ethnic group are co-opted[2].
Senate composed primarily of 2 members per province, one Hutu one Tsutsi, elected by colleges of members of the Commune Councils; 30% of members must be women; three Twa members co-opted; former Presidents ex officio members[3].
Electoral management bodies (EMBs) National Independent Electoral Commission (Commission électorale nationale indépendante; CENI) is responsible for the organization of national level, communes and local elections including voter registration[4].
Independence of EMBs CENI is established by Constitution as an independent body; members appointed by President after the members have been ratified by the National Assembly and the Senate with a 75% majority each[5].
Political parties[7]. Party registration is undertaken by Ministry of the Interior.
Funding of parties by the state is restricted to subsidising electoral expences; foreign funding is prohibited; parties must submit annual accounts to the Ministries of Interior and of Finance.
Mass media The National Council of the Communications must ensure equitable access of all candidates during the campaign period to state owned media[9].

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Election management

Election period and dates All elections held every five years; election day determined by presidential decree issued at least 35 days before election day[10].
Voter registration and voters' rolls Registration undertaken by CENI, but provision is made for the implementation of continuous registration; voters register at their polling stations and present national identity card or official identification; issued with a voter's card; once compiled voters' rolls must be made available for public inspection at commune and provincial levels and copies supplied on request to political parties[12].
Civic and voter education The portfolio of one the five Commissioner's of the CENI includes responsibility for civic education[13].
Candidate nomination Presidential nomination must be sponsored by group of 200 people, all eligible for election to Parliament, of the required ethnic and gender balance; must submit dossier of documentation of eligibility and political programme; pays refundable deposit of 15 million francs[14].
National Assembly candidates submitted on party or independent candidate lists with a dossier for each documenting eligibility and a refundable deposit of 500 000 francs per list; Parties nominate two Senate candidates each per province with a dossier for each documenting eligibility[15]
Election observation Parties and candidates designate agents accredited by the CENI to observe polling and counting of the votes[16]
Election campaigns Campaigning begins 16 days before and closes 48 hours before election day; only registered parties and candidates my hold election meetings and these must arranged with Communal Administrators 24 hours in advance; display of insignia is prohibited at polling stations[17].
Secrecy of the ballot Voting booths must be designed and placed to ensure the secrecy of the vote; voter places ballot papers in envelopes before leaving polling booth, incapacitated voters choose person to assist them[20].
Voting and counting process In presence of candidates and their agents, Presiding Officer demonstrates ballot boxes are empty; security forces barred from precinct[21]. Voters vote at polling station where registered, present voters card and identification; officials check name on register, issue a black and a white envelope and ballot papers of candidates; in booth voter places ballots of candidates of choice in white envelope and others in black, leaves and places envelopes in designated boxes; finger marked with indelible ink[22]. Reconciliation and counting undertaken at polling station after close of polling in presence of candidates and agents[23].
Announcement of results When counting is complete the Presiding Officer compiles the results and declares them publicly; Issues copies of results to the candidate agents, Communal Commission and CENI; Provincial Commission tallies results received from Communes in presence of agents, proclaims them publicly and forwards them to CENI; CENI tallies results and proclaims provisional results in presence of agents; results submitted by CENI to Constitutional Court for verification and proclamation of final results[24].

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Table notes

[1] Constitution Post-Transition 2005, Article 102; Loi No 1/22 2009, 90, 92. If an absolute majority is not obtained in a first ballot a second ballot round must be held within 15 days with the two candidates with the most votes in the first round competing with one another. Should one of the two withdraw, then the third highest candidate is eligible to stand etc. If the presidency becomes vacant a new election must be held between one and three months of the vacancy arising (Article 121).
[2] Constitution Post-Transition 2005, Articles 164, 168, 169; Loi No 1/22 2009, 105, 107, 108, 136. (1) Burundi is divided into 17 provinces, one of which is the capital city (Bujumbura Mairie), each acting as a constituency for elections of both National Assembly and Senate. The number of National Assembly seats allocated to each constituency is proportional to its share of the population at the last census. (2) For every three candidates on a party list only two may have the same ethnicity and for every four candidates at least one must be a woman. Articles 98, 168 and 169 provide that lists of independent candidates may also be submitted. (3) Cooption of members is undertaken by CENI (Articles 108 and 141).
[3] Constitution Post-Transition 2005, Article 180; Loi No 1/22 2009, 141. See also footnote 2 above.
[4] Constitution Post-Transition 2005, Article 91; Loi No 1/22 2009, 13.
[5] Constitution Post-Transition 2005, Article 89, 90.
[7] Loi no 1/006 2003, 49; Constitution 2005, Article 83; Loi no 1/006 2003, 41.
[9] Loi No 1/22 2009, 31.
[10] Constitution Post-Transition 2005, Articles 96, 164; Loi No 1/22 2009, 11, 36, 109.
[12] Loi No 1/22 2009, 13-21. Expatriat registration is undertaken by diplomatic missions (Article 207-212)
[13] Décret no 100/22 2009, Article 5.
[14] Loi No 1/22 2009, 94, 97, 100, 101, 104. The deposit is refunded if the candidate obtains 5% or more of the votes in the first round.
[15] Loi No 1/22 2009, 127, 131, 135, 141, 156, 160. The deposit of a National Assembly candidate list is refunded if the list obtains 2% or more of the votes in the election.
[16] Loi No 1/22 2009, 41-43.
[17] Loi No 1/22 2009, 25, 29, 30, 35. If a presidential runoff is required then campaigning reopens with the proclamation of results of the first round and closes 48 hours election day.
[20] Loi No 1/22 2009, 39, 55, 56.
[21] Loi No 1/22 2009, 47, 54. Expatriat voting is treated in Articles 213-220.
[22] Loi No 1/22 2009, 48, 55, 56.
[23] Loi No 1/22 2009, 62, 63.
[24] Loi No 1/22 2009, 70-73, 77-88.

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References

CONSTITUTION POST-TRANSITION DE LA REPUBLIQUE DU BURUNDI 2005 [www] http://www.chanrobles.com/burundi1.html [opens new window] (accessed 28 Apr 2010).

DÉCRET NO 100/22 DU 20 FÉVRIER 2009 PORTANT ORGANISATION ET FONCTIONNEMENT DE LA COMMISSION ELECTORALE NATIONALE INDÉPENDANTE, [www] http://www.ceniburundi.bi/IMG/pdf/DECRET_ORGANISATION_ET_FONCTIONNEMENT_DE_LA_CENI-2.pdf [PDF document, opens new window] (accessed 28 May 2010).

LOI NO 1/22 DU 18 SEPTEMBRE 2009 PORTANT REVISION DE LA LOI NO 1/015 DU 20 AVRIL 2005 PORTANT CODE ELECTORAL (repeals Loi portant code electoral 2005, Loi No 1/015 du avril 20), [www] http://www.arib.info/Parlement_Code_electoral_sept2009.pdf [PDF document, opens new window] (accessed 8 Mar 2010).

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