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BURUNDI
Sénat (Senate)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Parlement / Parliament
More photos  >>>
Structure of parliament Bicameral
Chamber name (generic / translated) Sénat / Senate
Related chamber (for bicameral parliaments) Inama NshingmateKa / National Assembly
Affiliation to the IPU Yes
Affiliation date(s) 1985 -1987
1994-1996
1999 -
LEADERSHIP
President Gabriel Ntisezerana (M) 
Notes Elected on 20 Aug. 2010.
Secretary General Ernest Mberamiheto (M) 
Notes Appointed on 7 Sep. 2011.
COMPOSITION
Members (statutory / current number) 41 / 41
PERCENTAGE OF WOMEN


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Women (current number) 19 (46.34%)
Mode of designation indirectly elected 34
other 7
Notes Indirectly elected: elected by an electoral college composed of members of the communal councils in the province concerned.
Other: includes three Twas and four former presidents. Additional members may be co-opted to ensure respect for an equal distribution of seats among Hutus and Tutsis and for the 30 per cent quota of women.
Term 5 years
Last renewal dates 28 July 2010
(View details)
CONTACT INFORMATION
Address Sénat
B.P. 814
BUJUMBURA
(Export mailing lists)
Phone (257) 22 24 51 17
Fax (257) 22 24 51 14
E-mail senat@senat.bi
celcomsenat@yahoo.fr
Website
http://www.senat.bi/

ELECTORAL SYSTEM

Parliament name (generic / translated) Parlement / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Sénat / Senate
Related chamber (for bicameral parliaments) Inama NshingmateKa / National Assembly
LEGAL FRAMEWORK
Electoral law 20 April 2005
Law N°1/015 of 20 April 2005, last modification: 18.09.2009
Mode of designation indirectly elected 34
other 7
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 Majority: 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.
CANDIDATES
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 - Candidatures may be submitted by political parties without restriction.
- Nomination by at least 100 electors is required for independent candidates.
- For political parties and groups of independent candidates: a deposit of 400,000 Burundian francs is required, reimbursable in full if the party obtains at least 2 per cent of valid votes in the whole country.

LAST ELECTIONS

Parliament name (generic / translated) Parlement / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Sénat / Senate
Related chamber (for bicameral parliaments) Inama NshingmateKa / National Assembly
BACKGROUND
Dates of election / renewal (from/to) 28 July 2010
Timing and scope of renewal Indirect elections were held for all elective seats in the Senate on the normal expiry of the members' term of office.
The 2010 elections were the second to be held since the official end to the ethnic strife triggered by the assassination of the country's first Hutu President Melchior Ndadaye in October 1993. The conflict had resulted in the death of an estimated 300,000 people. Under the 2005 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. They respectively make up 85 and 14 per cent of the population of 9.8 million inhabitants. 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.

In the previous elections to the National Assembly, held in July 2005, the National Council for the Defence of Democracy - Front for the Defence of Democracy (CNDD-FDD, the former Hutu rebel group which had fought against the Tutsi-led army) took 59 of the 100 directly elected seats in the National Assembly. The Front for Democracy in Burundi (Frodebu, a predominantly Hutu party) of the then President Domitien Ndayizeye, took 25 seats. The Tutsi-dominated Union for National Progress (Uprona) took 15. The remainder went to smaller parties. In order to ensure the 60-40 ethnic distribution of seats and 30 per cent quota for women, a further 18 members, including the three Twa representatives, were co-opted after the elections, bringing the final tally to 69 Hutus, 46 Tutsis and 3 Twas.

Indirect elections for 34 seats in the Senate were also held in July 2005. The CNDD-FDD won 30, and the Frodebu obtained three and the last seat went to the National Council for the Defence of Democracy (CNDD, a former rebel group). In order to respect the required 50-50 ethnic distribution, the 30 per-cent quota for women, and the 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 of members to 49.

Mr. Pierre Nkurunziza of the CNDD-FDD was elected as the country's new President. The country subsequently experienced a series of political stalemates.

In February 2007, the CNDD-FDD expelled its former leader Mr. Hussein Radjabu. He was subsequently accused by the Attorney General of recruiting rebels to destabilize the State. His lawyer argued that the government feared his popularity ahead of the 2010 polls. Some 20 parliamentarians loyal to Mr. Radjabu defected to the opposition, depriving President Nkurunziza of a parliamentary majority. The CNDD-FDD subsequently expelled those members from the party. The parliament was paralyzed until November 2007 when a new consensus government, comprising the CNDD-FDD, Uprona and Frodebu, was installed. In April 2008, Mr. Radjabu was sentenced to a 13-year jail term, a decision upheld by the Supreme Court in May 2009. In June 2008, the Constitutional Court ruled to strip the expelled CNDD-FDD members of their parliamentary mandate.

Shortly after the Constitutional Court decision, former Speaker of the National Assembly, Mr. Jean Minani, defected from Frodebu along with 11 other members. They founded Frodebu-Nyakuri ("genuine", officially known as Sahwanya Frodebu Iragi rya NDADAYE). The splinter party allied with the ruling CNDD-FDD, which regained a parliamentary majority.

In September 2009, the parliament adopted a new electoral law. It stipulates that any senators and deputies elected as party candidates who voluntarily leave their political party will lose their parliamentary mandate. Parliamentarians who are dismissed from a party after exhausting all judicial recourses will also lose their mandate. Several parliamentarians left their parties before the law - which is not retroactive - was promulgated by President Pierre Nkurunziza on 18 September.

The political stalemate continued in 2010. In May 2010, the CNDD-FDD won the local council elections. Most opposition parties claimed election fraud and sought a re-run of the vote. This request was rejected by the election commission. All six opposition presidential candidates subsequently announced that they would be boycotting the presidential elections scheduled for June. The election commission nevertheless maintained the presidential polls. Before the elections, top opposition contender, Mr. Agathon Rwasa - former rebel leader turned head of the Forces for National Liberation (FNL) - went into hiding. He claimed that the government wanted to arrest him on charges of plotting to mount a new insurgency. In June, incumbent President Mr. Nkurunziza, the sole candidate, was re-elected with 91.62 per cent of the votes.

In July, five parties were vying for seats in the National Assembly. Most opposition parties which had boycotted the 2010 presidential elections announced that they would not participate in the parliamentary polls. The major contenders were the ruling CNDD-FDD and its ally, Frodebu-Nyakuri, as well as the opposition Uprona. The Coalition for Free and Transparent Elections (CELAT Coalition, which supports the ruling party), the Independent Labour Party (PTD), as well as two independent candidates, also participated in the elections.

President Nkurunziza called on voters' support for the CNDD-FDD, arguing that they should elect experienced candidates who were true patriots and who would lead the country to sustainable and harmonious development

The Frodebu-Nyakuri party promised to revive the economy while protecting the environment and providing better health care.

Uprona Chairman Bonaventure Niyoyankana underscored that the National Assembly needed to be "multicoloured" so as to allow all Burundians to feel that they were represented by MPs who would defend their rights.

On 23 July, 66.68 per cent of the 3.5 million registered voters turned out at the polls.

The European Union observer mission welcomed the calm in which the polls took place but regretted the boycott that had been staged by most of the opposition parties.

The final results gave 80 seats to the CNDD-FDD. Its ally, Frodebu-Nyakuri, won four seats, while Uprona took 16. In addition, one member from each party that won seats and three Twas were co-opted, bringing the total number of members in the National Assembly to 106.

On 28 July, indirect elections to the Senate were held in local councils. The CNDD-FDD won 32 of the 34 elected seats, while Uprona took two seats. Three Twa members, including two women, were co-opted and four former presidents remain senators, bringing the total number of senators to 41.

On 16 August, the newly elected Parliament held its first session. On 20 August, the Senate elected Mr. Gabriel Ntisezerana (CNDD-FDD) as its new President while the National Assembly re-elected Mr. Pie Ntavyohanyuma (CNDD-FDD) as its Speaker the following day.
STATISTICS
Voter turnout
Round no 128 July 2010
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes



Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
National Council for the Defense of Democracy - Front for the Defense of Democracy (CNDD-FDD)
Twas
Union for National Progress (UPRONA)
Distribution of seats
Round no 1
Political Group Total of seats
National Council for the Defense of Democracy - Front for the Defense of Democracy (CNDD-FDD) 32
Twas 3
Union for National Progress (UPRONA) 2
Distribution of seats according to sex
Men

Women

Percent of women
22

19

46.34%
Distribution of seats according to age
Distribution of seats according to profession
Comments
The "Distribution of seats according to sex" includes three co-opted members (Twas) and four former Presidents. Seventeen women were indirectly elected and two women were co-opted.

Source: Senate (02.08.2010, 06.08.2010)

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Parlement / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Sénat / Senate
Related chamber (for bicameral parliaments) Inama NshingmateKa / National Assembly
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

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Parlement / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Sénat / Senate
Related chamber (for bicameral parliaments) Inama NshingmateKa / National Assembly
NATURE
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 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.

This page was last updated on 22 September 2011
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