Monday, December 29, 2014

Let the party decide, Nkurunziza tells critics as eligibility debate rages on

Burundians in the diaspora demonstrate against President Pierre Nkurunziza outside EU headquarters in Brussels. PHOTO | FILE 
By MOSES HAVYARIMANA
In Summary
Sharing of seats
  • The 2015 elections will be held under the 2005 Constitution, which provides 60 per cent of seats in the National Assembly to the Hutu and 40 per cent to the Tutsi. However, there are three additional seats reserved for the Twa ethnic group who make up one per cent of the Burundian population.
  • The Constitution also allows the sharing of Upper House parliament and Senate seats on 50-50 basis as well as military posts.
  • In 2010, some opposition leaders boycotted the elections alleging CENI was not conducting free and fair elections. The leader of the National Liberation Forces, Agathon Rwasa, fled the country claiming his life was in “extreme danger” as a result.

Burundi’s President Pierre Nkurunziza has left the decision on whether he will run for a third term to his political party. President Nkurunziza said he is not suited to interpret provisions of the ...Constitution that have split the country on his eligibility to contest in the 2015 elections.
With the ruling National Council for the Defence of Democracy-Forces for the Defence of Democracy (CNDD-FDD) appearing short of an alternative leader with his grassroots appeal, President Nkurunziza said the party will decide on its candidate as stipulated in the law.
“I am not an expert in law, so everyone should concentrate on their duty. One person can’t cook in a hundred saucepans; otherwise the food will be burnt,” President Nkurunziza said.
The debate has been whether President Nkurunziza, who first came to office in 2005 through a parliamentary vote, is barred under the 2010 Constitution, which restricts a president to two five-year terms in office won through universal suffrage.
“My political party CNDD-FDD will decide on whom they will approve as a candidate and this will be conducted by the laws that govern our country,” President Nkurunziza said.
“President Nkurunziza can’t be forbidden from another term if our party nominates him as the candidate,” said Pascal Nyabenda, chairman of CNDD-FDD.
“The Constitution is very clear that the incumbent has to run only for one term and he has only been elected once by the citizens,” said Mr Nyabenda.
This comes after parliament rejected in March an attempt to revise the Constitution amid claims by the opposition that one of the items set for amendment was the two-term limit. The President’s Office denied that this was on the agenda.
According to Article 96 of the Constitution, the president is directly elected by universal suffrage for one term of five years and can seek re-election once to serve for five years.
In 2005, President Nkurunziza was elected by parliament according to Article 302 of the Constitution, which stated that the first president of the post-transition period was to be elected by the National Assembly and the Senate by a majority of two-thirds of the members. During the transition period the president had no powers to dissolve parliament.
Some political analysts, however, argued that parliament, as the people’s representatives, exercised national sovereignty on behalf of the voters as provided under Article 7 of the Constitution and therefore President Nkurunziza has already served for two terms. However, the Constitution states that the president is elected directly by the people.
“CNDD-FDD is already pushing President Nkurunziza to run for the third term because he is the only candidate who is popular in rural areas; a new candidate from CNDD-FDD will not have time to campaign,” said Simeone Barumwete, a political analyst.
Last month, a new political coalition was formed by some politicians in readiness for elections in 2015.
“The coalitions are not formal but dynamic; it would not be surprising if they get together to support one candidate despite the internal disputes because what they need is to deliver the change people need,” said Vital Nshimirimana, chairman of the Civil Society Organisation Forum.
Mr Barumwete, however, was sckeptical of the coalition partners’ ability to stick together should they win elections.
“Even a coalition wins the elections, it will be very difficult to share power since the coalition partners don’t share the same interests,” said Mr Barumwete.

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