Is Burundi’s electoral process fatally flawed? – By Lorraine Nkengurutse
Posted on June 18, 2015 by AfricanArgumentsEditor       
BurundiDemos

Street protests in Bujumbura, capital of Burundi.

Last month Burundi was plunged in the worst political crisis since the
end of the civil war. Elections were held in 2005 and 2010 and whilst
the latter were marred by accusations of corruption, they nonetheless
went ahead relatively peacefully. This year’s polls have been a
different story.

The government of Burundi and the political opposition have failed to
agree on the electoral process with the opposition stating that the
government is violating the constitution and the Arusha Agreement
(which brought an end to the civil war). Crucially, the agreement
stipulated a two term limit for the highest office, which the
opposition argues President Nkurunziza is violating by running for a
third term. The president counters this with the argument that
constitutionally this will be his second term as his first was elected
by ‘indirect suffrage’ (National Assembly and Senate) rather than by a
general election. The opposition disagree and say that they will
boycott any election in which Nkurunziza attempts to run.

The presidential election was planned for June 26 with the legislative
polls scheduled earlier in month. Since then, more than 40 people have
been killed and over 300 injured during protests against the
President’s decision to run for a third term. During protests,
Imbonerakure – youth members of the ruling party – and police (some
are Imbonerakure dressed as police) have been accused of shooting and
killing protesters. One protestor in Cibitoke – a part of the capital
Bujumbura that has seen heavy protests – stated that “police in
collaboration with Imbonerakure do not hesitate to shoot at us.
Imbonerakure are armed and put on police uniforms. They work for
Nkurunziza.” The unrest has forced over 100,000 people to flee into
neighbouring countries.

As protests have continued, support for the elections has unravelled.
One week before legislative elections were due to take place, the
Catholic Church decided to withdraw from the process. Bishop Gervais
Banshimiyubusa, the president of Burundi’s ‘Council of Bishops’,
declared that “after considering the way elections are prepared for
and evolution of the current situation, we estimate that our priests
(who acts as members of Provincial Electoral Commission) should resign
from the National Electoral Commission.”

The European Union has suspended its election observer mission in
Burundi over concerns about restrictions on the independent media,
excessive use of force against demonstrators and intimidation of
opposition parties and civil rights groups. EU foreign policy chief
Federica Mogherini stated that “In these circumstances, the EU
Election Observation Mission cannot fulfil its role.”

During the East African heads of states summit held on May 31 regional
leaders urged Burundi to postpone the elections for at least 45 days,
during which time the country should enter into a meaningful dialogue
among all stakeholders, and commit to disarming youths affiliated with
political parties.

The proposed dialogue started on May 5, with political parties, civil
society organizations, religious groups and the media all
participating. However, it suffered a major blow when UN envoy, the
Algerian diplomat and Special Envoy to the Great Lakes region Said
Djinnit, stepped down as a mediator on June 11. Pacifique Nininahazwe,
the president of FOCODE Forum for Conscience and Development (a civil
society organization and one of organizers of the campaign against the
Nkurunziza’s third term) welcomed the resignation of Djinnit, arguing
that the talks under his mediation were not focusing on the root cause
of the crisis, which he says is Nkurunziza’s third-term bid.

Nkurunziza issued a decree on 9 June postponing the presidential vote
to July 15 – barely a fortnight later than initially planned and
leaving little time for credible talks. Parliamentary elections have
been pushed back about a month and are now scheduled to be held on
June 29.

In another presidential decree issued on the same day, the
organization and functioning of the election commission was amended.
The decree concerns articles 10 and 11 which concern the required
quorum for the commission meetings to make valid decisions. While the
old text prescribed that four out five members should agree on any
decision made by the commission, the new version reduces the required
quorum to 3 out of 5.

The amendment of the decree is controversial as it comes at a crucial
time for the commission soon after two of its members – Spès Caritas
Ndironkeye (CENI vice-president) and Illuminata Ndabahagamye (in
charge of administration and finance) – fled the country on 1st June,
leaving behind resignation letters. Both stated that they had resigned
because they felt that the security situation remains unsuitable for
elections to take place. With both dissenting commissioners no longer
in place it would appear far easier for CENI to ‘rubber stamp’ any
electoral action in favour of the president. The three remaining
commissioners (and two more newly appointed) are widely believed to
side with the President.

Opposition boycott elections

A group of 17 political parties has agreed to boycott the elections on
the justification that under present conditions they will not be free
and fair. Agathon Rwasa, the leader of Burundi’s main opposition
National Liberation Forces (FNL) says that “the current political
crisis is not favourable to peaceful elections. Burundians are not
ready to participate in fake elections like the one which is the
preoccupation of Pierre Nkurunziza and his CENI (Election
Commission).” He adds that there is a need to form a new and
independent electoral commission.

Political scientist Salatiel Muntunutwiwe – a lecturer at the
University of Burundi – says that “all stakeholders should agree on
the election process. The new electoral timeline is practically
impossible as the opposition decided to boycott.” He worries that the
government will push through with the elections, but the results will
not be accepted by Burundians or the International Community.

During the African Union Summit held on 13 June in Johannesburg, the
AU Peace and Security Council called for a dialogue to reach consensus
on the electoral process. Nkrurunziza was not present at the Summit
(Burundi was represented by the Foreign Minister Alain Nyamitwe) and
it seems unlikely that this suggestion will be taken seriously.

It remains to be seen whether elections will continue as planned and
the extent to which domestic and international concerns have fatally
damaged their legitimacy.

Lorraine Nkengurutse is a Burundian journalist.
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