BURUNDI
 
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GENERAL INFORMATION
 
Parliament (generic name): Parlement
Translated name: Parliament
Structure: Bicameral
Chamber: Sénat
Translated name: Senate
President:
Gervais Rufyikiri  ( M)
Secretary General:
Aloys Kayanzari  ( M)
Members (statutory number): 49
  members
- 34 indirectly elected members
- 3 Twas
- 4 former presidents
- additional members can be co-opted to ensure respect for an equal distribution of seats among Hutus and Tutsis and the 30% quota for women
Members (current number): 49
Women (current number): 17  ( 34.69%)
Term: 5  years
Last renewal dates: 29 July 2005
 
Address: Sénat
B.P. 814
BUJUMBURA
Tel.: (257) 22 24 51 17
Fax: (257) 22 24 51 14
E-mail: senat@senat.bi
celcomsenat@yahoo.fr
Web site:
http://www.senat.bi/
Affiliation to IPU: Yes
Affiliation date(s): 1985 -1987
1994-1996
1999 -
 
 
ELECTORAL SYSTEM
 
Electoral Law:
  20 April 2005
  Last updated on 20.04.2005
 
Constituencies:
  17 constituencies:
- each of the 17 provinces has 2 representatives;
- in each province, the 2 representatives must come from different ethnic communities and therefore are chosen separately through indirect election.
 
Voting System:
  Three-round system (a variant of the two-round system, TRS)
- first two rounds require a super-majority (two-thirds of the votes) for a candidate to be elected;
- the third round is organized for the two leading candidates, and is won by a relative majority.
Voting is not compulsory.
 
Voter requirements:
  - Burundian nationality, by birth or naturalization;
- age: 18 years old or over on election day;
- residence in the country on the qualifying date;
- senators are elected by members of electoral colleges composed of members of the local councils of the province in question.
Overseas voters may vote at embassies and consulates.

Disqualifications for voting:
- any imprisonment (the disqualification is valid for one to three years thereafter);
- insanity/mental illness;
- guardianship/ward;
- holders of temporary entry permits;
- prohibited immigrants.
 
Eligibility:
  - Burundian nationality, by birth or naturalization;
- age: 35 years old or over on election day
- candidates must have full civil and political rights;
- candidates must be resident in Burundi when candidacies are put forward;
- candidates must be natives or citizens of the province in question.
 
Incompatibilities:
  Incompatibilities related to occupations:
- remunerated members of the civil service
- persons holding posts for foreign States or for international organizations
- executives and officers of the Electoral Commission
- officers of the Electoral Commission
The incompatibilities above are valid during the term of office.

Other incompatibilities:
- insanity/mental illness
- guardianship/ward
- holders of temporary entry permits
- illegal immigrants
 
Candidacy requirements:
  - candidature can be submitted by political parties without restriction;
- deposit is not reimbursed;
- nomination of a registered political party;
- the candidacy must be put forward in only one election district.
 
 
LAST ELECTIONS
 
red cube  Also available:  Archive of past election results for this chamber  red cube
 
Dates of election / renewal (from/to):
  29 July 2005
 
 
Purpose of elections:
  Elections for 34 indirectly elected members.
 
Background and outcome of elections:
  Since the military coup of September 1987, parliamentary elections had been held only once in Burundi, in June 1993. The Front for Democracy in Burundi (Frodebu), a predominantly Hutu party, secured 68 of 110 seats in the parliament in those elections which had recorded a voter turnout of 91 per cent. At the concurrent presidential election Mr. Melchior Ndadaye had been elected as the first Hutu president of Burundi.

The assassination of President Ndadaye on 21 October 1993 triggered years of ethnic violence, during which an estimated 300,000 people were killed.

A peace deal was brokered in Arusha on 28 August 2000 by former South African president, Nelson Mandela. The Arusha agreement provided for a bicameral transitional parliament which consisted of a National Assembly and a Senate. A new constitution was approved by referendum in February 2005. Under this constitution, 60 per cent of the seats in the National Assembly are reserved for members of the Hutu ethnic group and 40 per cent for Tutsis, which respectively make up 85 and 14 per cent of the population of 7 million people. A further three seats are reserved for the Twa ethnic group. Senate seats are shared equally between Hutus and Tutsis. A quota of 30 per cent of seats is reserved for women in both chambers.

After numerous delays, elections for the National Assembly were held on 4 July 2005. In order to respect ethnic and gender balance, for every three names in sequence on a party list, only two could belong to the same ethnic group; and for each five names at least one had to be a woman.
In the run-up to the elections, the former Hutu rebel group, the National Council for the Defense of Democracy - Front for the Defense of Democracy (CNDD-FDD), which had fought against the Tutsi-led army, were well-placed, having secured about 55 per cent of seats in the local elections held in June 2005. Other major parties included Frodebu, led by the incumbent President Domitien Ndayizeye, and the Tutsi-dominated Union for National Progress (Uprona).

Turnout was recorded at around 65 per cent, lower than expected, mainly due to fears that the rebel National Forces for Liberation (FNL), the last active Hutu rebel group, would attack polling stations. The FNL had been responsible for a series of attacks during the recent local elections. A total of 2,700 United Nations troops, local police and soldiers were deployed at polling stations, and the election went off in relative peace. The United Nations Operation in Burundi (ONUB) said there were no complaints of intimidation and reports of fraud, if substantiated, would not affect the overall results.

Final results confirmed a CNDD-FDD victory with 59 seats. The Frodebu obtained 25 seats, while the Uprona won 10 seats. A total of 65 Hutus and 35 Tutsis were elected, of whom 24 were women. In order to ensure the 60-40 ethnic split and 30 per cent quota for women, a further 18 members, including the three Twa representatives provided for under the Constitution, were co-opted after the elections, bringing the total to 69 Hutus and 46 Tutsis. In all, 12 women, - three Hutus, eight Tutsis and one Twa, - were co-opted.

After the preliminary results were released, President Ndayizeye said he would hand over power once the National Assembly and the Senate elected a new president. The UPRONA also announced that it would accept the results.

Indirect elections for 34 seats in the Senate were held in local councils on 29 July 2005. The CNDD-FDD won 30, the Frodebu obtained two, and the last seat went to the National Council for the Defense of Democracy (CNDD). Eight women were elected. In order to respect the required 50-50 ethnic split, the 30 per cent quota for women, and three seats reserved for Twas, 11 members were co-opted. In addition to the 45 members, four former presidents - Domitien Ndayizeye, Sylvestre Ntibantunganya, Jean-Baptiste Bagaza and Pierre Buyoya - are members of the Senate, bringing the total number to 49.

On 16 August 2005, the National Assembly elected Ms. Immaculée Nahayo of the CNDD-FDD as speaker. She thus became the first woman ever to hold the position in Burundi. On 16 August, the Senate elected Mr. Gervais Rufyikiri of the CNDD-FDD as its Speaker.

On 19 August 2005, a joint session of both Houses elected Mr. Pierre Nkurunziza of the CNDD-FDD, the only candidate, as the country's new president. He was sworn in on 26 August 2005, officially ending the transition period in Burundi.
 
STATISTICS
 
Round no 1 (29 July 2005): Election results
3,225 deputies of local councils were called to chose 34 of 49 Senators among 119 candidates.
  Number of registered electors 3'225
  Voters 2'161 (67.01%)
  Blank or invalid ballot papers 1'064
  Valid votes 1'097
 
Round no 1: Distribution of votes
 
Political Group Candidates Votes % of votes  
  National Council for the Defense of Democracy - Front for the Defense of Democracy (CNDD-FDD)  
  Front for Democracy in Burundi (FRODEBU)  
  National Council for the Defense of Democracy (CNDD)  
 
Round no 1: Distribution of seats
 
Political Group Total of seats Indirectly elected  
  National Council for the Defense of Democracy - Front for the Defense of Democracy (CNDD-FDD) 30 30  
  Front for Democracy in Burundi (FRODEBU) 3 3  
  National Council for the Defense of Democracy (CNDD) 1 1  
 
Comments:
  The "Distribution of seats according to sex" includes 11 co-opted members and four former Presidents.
8 women were indirectly elected. Nine others were co-opted.
 
Distribution of seats according to sex:
  Men: 32
  Women: 17
  Percent of women: 34.69
 
Distribution of seats according to age:
  31 to 40 years 7
  41 to 50 years 27
  51 to 60 years 13
  61 to 70 years 2
 
Distribution of seats according to profession:
  Educators       29
  Engineers/PC experts       4
  Others       4
  Economists       2
  Legal professions       2
  Scientists       2
  Liberal professions (including artists, authors) and sports professionals       2
  Military/police officers       2

 
PRESIDENCY OF THE PARLIAMENT
 
APPOINTMENT AND TERM OF OFFICE
 
Title:
  President of the Senate
 
Term:
  Duration: 5 years
Reasons for interruption of the term:
Resignation, death, physical incapacity, permanent disability, absence without justification for more than one quarter of the meetings in a session
Appointment:
  Elected by indirect vote by the senators at the first session of the legislature, which meets on the first working day following the seventh day after the decision by the Constitutional Court.
 
Eligibility:
  - Adhere to the Charter of National Unity and pledge to uphold the fundamental principles of Burundi
- Any senator can be a candidate; the candidature is deposited in a sealed envelope at the Senate Secretariat and given to the presiding officer before the opening of the vote.
 
Voting system:
  3-round personal vote, first-past-the-post system.
 
Procedures / results:
  - The oldest senator is the Senate's presiding officer during the vote
- The oldest senator proclaims the results
- The results cannot be challenged
 
STATUS
 
Status:
  - represents the Senate at public events
- third in the State hierarchy (after the President of the Republic and the President of the National Assembly)
- is replaced by one of the two Vice-Presidents in his / her absence.
 
Board:
  1) The Senate Board is governed by the Senate standing orders and by the law. It has one president and two vice-presidents.
2) The Enlarged Board consists of the President, two Vice-Presidents and four standing committee presidents.
3) The Board meets on the President's initiative at variable intervals.
Some of the Board's powers are collegial in character; the rest are the personal responsibility of the President.
 
Material facilities:
  - Base pay and representation allowance
- Official residence
- Official car and drivers
- Administrative staff
- Security detail
 
FUNCTIONS
 
Organization of parliamentary business:
  - Convenes the sessions in consultation with the Enlarged Board
- Refers texts to committee for review
- Examines the admissibility of bills
- Can set up a joint committee on amendments
- Can call to order, adjourn and close meetings
- Ensures respect for constitutional and regulatory provisions
- Reads the announcements concerning the Senate
- Can check the quorum and the records of debates
- Validates the texts adopted and records of debates
 
Chairing of public sittings:
  - Is in charge of discipline in the Senate
- Has discretionary authority to give the floor to someone not speaking on an item of the agenda and to organize impromptu debates
 
Special powers:
  1. Together with the Board, establishes the policy for relations with foreign parliaments
2. Puts forward the name of the Secretary General, who is appointed by the Board
3. Is in charge of security and can therefore call in the forces of law and order in the event of a disturbance within the Senate
 
Speaking and voting rights, other functions:
  - Takes the floor during legislative debates
- Can intervene in parliamentary review proceedings to ensure respect for the regulations
- Must be consulted by the President of the Republic in certain circumstances
- Can raise oral or written questions
- Tables bills or amendments
 
 
MEMBER OF PARLIAMENT
 
PARLIAMENTARY MANDATE
 
Nature of the mandate:
  Free representation that is national in character. No one can receive more than one parliamentary mandate.
 
Start of the mandate:
  - The legislature starts on the day the results of elections are officially proclaimed by the Constitutional Court and ends after five years.
- At its first session, the Senate adopts its rules of procedure, which determine how it is organized and functions. It also elects the Board. The first session convenes as soon as the election has been finalized by the Constitutional Court. It is presided by the oldest senator.
 
Validation of mandates:
  Only in the case of a challenge
 
End of the mandate:
  Senators' mandates are terminated in the case of death, resignation, physical incapacity, permanent disability and absence without justification from more than one quarter of the sittings of a session provided for by an organic law.
 
Can MPs resign ? Yes
  Yes, of their own volition.
The President of the Senate is competent to accept the resignation of senators.
 
Can MPs lose their mandate ? Yes
  Authority competent to accept the resignation: The President of the Senate
 
STATUS OF PARLIAMENT MEMBERS
 
Rank in hierarchy:
  The President of the Senate is the country's third-highest official, after the President of the Republic and the President of the National Assembly.
Within the Senate:
1. The Board
2. Former heads of State
3. Presidents of standing committees
4. Senators
5. Parliamentary administrators
 
Indemnities, facilities and services:
  - Diplomatic passport
- Basic indemnity
- Accommodation allowance
- Official allowance
- Tax-exempt status
- Travel allowance
 
Obligation to declare personal assets: No
 
Parliamentary immunity - parliamentary non-accountability:
  1) Unless they have been caught in flagrante delicto, senators may only be prosecuted while parliament is in session with the authorization of the Senate Board.
2) Senators may be arrested when parliament is not in session only if they have been caught in flagrante delicto, their prosecution has already been authorized or they have been convicted and exhausted all avenues of appeal.
 
Parliamentary immunity - parliamentary inviolability:
  Senators may not be prosecuted, searched for or arrested, detained or tried for opinions or votes expressed in the exercise of their functions.
 
EXERCISE OF THE MANDATE
 
Training:
  The Senate provides no training or initiation into parliamentary procedures and practices for senators. Senators are nevertheless encouraged to participate in seminars dealing with those issues whenever an opportunity arises.
 
Participation in the work of the Parliament:
  Participation in the work of the Senate is obligatory. If a senator has missed more than one quarter of the sittings of a regular session and did not invoke one of the reasons mentioned below, the Senate Board, after having considered the case, asks the Constitutional Court to terminate the senator's mandate.

Senators may miss sittings for the following reasons:
- if they have been entrusted with a temporary mission by the Government or the Senate
- if excused by the Board for reasons of force majeure
 
Discipline:
  - Informal disciplinary action
- Informal disciplinary action noted in the records
- Temporary exclusion
 
Code (rules) of conduct:
  - Internal rules of procedure
- Electoral Code
- Constitution of the Republic of Burundi
 
Relations between MPs and pressure group:
  There are no legal provisions on such relations.
 

red cube  Also available:  Archive of past election results for this chamber  red cube

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