Burundi: Party registration

Updated June 2010

The Constitution of Burundi (2005, Articles 75, 76, 81) establishes the Republic as a multi-party democracy and allows for the free formation of political parties under the provisions of the law; moreover parties are guaranteed the right to form electoral coalitions. A political party is defined as a non-profit association of citizens to democratically attain a common social project for the nation as a whole, with a distinct programme and objectives that will serve the general interest and the welfare of all citizens (Constitution 2005, Article 77). The Constitution (2005, Article 78) lays out the characteristics that political parties must possess to be acceptable within a democratic state: Parties must be democratic in both their organisation and their functioning, must be open to all citizens and their leadership must have a national rather than sectional character. Moreover they may not advocate violence, exclusion or hatred, especially on the basis of ethnic, regional, religious or gender grounds. The law governing parties (Loi no 1/006 2003, Article 24, 27, 31) reiterates these, but further requires that parties must promote human rights, the rule of law, democracy as well as the geographic integrity of the nation and its sovereignty. Article 79 of the Constitution 2005 requires that parties and coalitions of political parties promote the free exercise of the franchise and take part in political activities by peaceful means, while Loi no 1/006 (2003, Article 34) prohibits parties from forming militias or paramilitary organizations.

The state authorities are prohibited from interfering in the internal affairs of political parties beyond what is necessary to prevent hate speech on the basis of ethnicity, political beliefs, regionalism, religious faith or gender and to ensure the maintenance of law and order (Constitution 2005, Article 80). However, members of the security forces and the judiciary are prohibited from political party membership (Constitution 2005, Article 82; Loi no 1/006 2003, Article 25). The law governing political parties, Loi no 1/006 2003, requires that the neutrality of the civil service, the security force and the judiciary be respected by political parties and that no political party activities be undertaken in public administration and parastatal buildings or at educational institutions (Article 36, 39).

Conditions of registration

Loi no 1/006 (2003, Article 26) requires that parties must be registered by the authorities (ie the Ministry of the Interior) before they can commence operating.

To ensure the national character of a political party its headquarters must be located within the Republic, its founding members must come from all of the provinces (at least six from each) and its national and provincial structures must reflect the ethnic and gender composition of Burundi; in respect of the last the national leadership may not be comprises of more than three-quarters from a single ethnicity or gender (Loi no 1/006 2003, Articles 29, 32, 33).
The founders and the leaders of a party must be citizens, be in possession of their full civil rights, at least 25 years old and resident in Burundi. Those that have been convicted of crimes punishable by imprisonment must have served their sentences or have been pardoned (Loi no 1/006 2003, Article 35).
A parties may not hold foreign bank accounts nor may it obtain funds that threaten national independence or sovereignty (Loi no 1/006 2003, Articles 41, 46).
Every party must submit a report to the Ministry of the Interior every January that details its national leadership, lays out any changes to its policies or constitution, includes press notices of any changes made published within a month of those changes and a declaration of its address (Loi no 1/006 2003, Article 37). Similarly local party structures are required to submit changes in local structures to provincial governors (Loi no 1/006 2003, Article 38).
No party may use the name, abbreviation or insignia of another party (Loi no 1/006 2003, Article 28).

Registration process

In terms of Loi no 1/006 (2003, Article 49) applications for registration must be submitted to the Ministry of the Interior and must include the following:

A declaration of subscription to the National Unity Charter signed by all the founding members;
The party's manifesto.
A request for registration signed by the party's legal representative accompanied by a list of the founding members with their names, identity numbers, dates of birth, birthplaces, professions and jobs.
A list of all the leaders.
Certificates of residence of the founding members and of the leaders.
Police and civic documentation of birth, behaviour, careers and character of the founding members and of the leaders.
An official report of the inaugural meeting of the political party signed by all the founding members.
The name of the party and its address.
Four copies of the party constitution authenticated by a notary.
The name of the party's legal representative and of an alternative representative.

Loi no 1/006 (2003, Article 50) further specifies that the party constitution must include the following:

The name of the political party.
The basic principles and framework of the party's ideology.
The location of its head office.
The composition, mode of election and terms of office of national leadership bodies.
A declaration of adherence to the principles laid out in Loi no 1/006 2003, Article 24 (see above).
The internal national structures of the party.
Funding sources.
Procedures for the modification of the constitution.
The procedure for the dissolution of the party and the subsequent distribution of party assets.

A receipt is issued for the application and a decision must be rendered within two months of the application being made that must be conveyed to the legal representative of the party within eight days (Loi no 1/006 2003, Article 51, 55). The Ministry in empowered to examine and verify the information submitted and if found to be in conformance with the law the party is registered (Loi no 1/006 2003, Articles 52, 53). Should the application not be processed within the requisite period or the party be refused registration it may appeal to the decision to the Supreme Court with 15 days of the lapse of the period or the notification of the decision (Loi no 1/006 2003, Articles 57, 58). Once a party is registered its details are published by the Ministry of the Interior (Loi no 1/006 2003, Article 63).

Mergers, suspensions and dissolutions of parties

Loi no 1/006 (2003, Articles 9, 10) permit the mergers of two or more political parties or the formation of coalitions without parties losing their seats in parliament. In this event the parties concerned must submit the fusion agreement to the Ministry of the Interior and comply with the registration and other requirements of the law (Loi no 1/006 2003, Article 54). If the activities of a party disrupts law and order or threatens state security it may be suspended for six months by the Minister of the Interior and their offices may be closed (Loi no 1/006 2003, Article 64). The suspension may be appealed against to the Supreme Court within eight days of its announcement (Loi no 1/006 2003, Article 65). In the event of a party making serious infringements of the law governing political parties, disrupting law and order or threatening the security of the state the Minister of the Interior may apply to the Supreme Court to dissolve that party (Loi no 1/006 2003, Article 67). A party may dissolve itself by the decision of its members according to the processes laid out in its constitution (Loi no 1/006 2003, Article 70).

References

CONSTITUTION POST-TRANSITION DE LA REPUBLIQUE DU BURUNDI 2005 [www] http://www.chanrobles.com/burundi1.html [opens new window] (accessed 26 May 2010).

LOI NO 1/006 DU 26 JUIN 2003 PORTANT ORGANISATION ET FONCTIONNEMENT DES PARTIS POLITIQUES IN Bulletin officiel du Burundi, no 6 bis/2003 1er juin, 327-333, [www] http://www.grandslacs.net/doc/3964.pdf [PDF document, opens new window] (accessed 26 May 2010).