Burundi: Party funding

Updated June 2010

The definition of a political party in the Constitution (2005, Article 77) includes the provision that it is a non-profit-making association. The law governing political parties (Loi no 1/006 2003, Article 18) states that the sources of funding for a political party are the contributions of its members, the state transfers and gifts and legacies.

Public resources

Article 84 of the Constitution 2005 permits the state to promote the democracy by the financing of political parties in an equitable and transparent way, proportionally to the number of seats which parties hold in the National Assembly. Furthermore it allows that state financing can apply to the operations of political parties as well as in the electoral campaigns. It further states that matters of state financing be fixed by law. Loi no 1/006 (2003, Article 20) prohibits the use of state funds to finance the operations of parties, but permits the use of state funds to subsidise electoral campaigns. The law requires that state resources, services and funds be provided equitably (Loi no 1/006 2003, Article 16). State media may be made available to parties for electoral campaigning and tasks the National Communications Council with ensuring that equitably access is ensured (Loi No 1/22 2009, Article 31): The candidates and the political parties can use the media of the State for their electoral campaign. The National council of the Communication takes care of the equitable access of all the candidates to the media of the State (Loi no 1/006 2003, Article 40). Outside these provisions the use of state and parastatal assets , resources and funds to advance political parties in prohibited (Loi no 1/006 2003, Article 48).

Foreign funding

The Constitution (2005, Article 83) lays down the principle that foreign funding of political parties is prohibited, but with the qualification "apart from exceptions laid down by law". Loi no 1/006 (2003, Article 21) provides just such an exception that permits the foreign funding of initiatives aimed at strengthening political parties through seminars, conferences, workshops and training courses.

Private funding and financial accounting

The Constitutional definition (2005, Article 77) of political parties as nonprofit associations does not preclude parties from accumulating property and fixed assets intended for party operational use (Loi no 1/006 2003, Article 17). Parties are free to set contributions required of members without hindrance, Burundian nationals are free to contribute gifts and legacies as they wish, providing that the licit origins of these donations can be established and parties are required to ensure that resources acquired are legal and that they are used for the ends for which they were intended (Loi no 1/006 2003, Article 19, 22, 45). Within a month of receiving a gift or legacy the party concened must make a disclosure of it to the Ministry of the Interior (Loi no 1/006 2003, Article 47).

Every party is required to open an account with a financial institution that has offices in Burundi and the holding of foreign bank accounts is prohibited (Loi no 1/006 2003, Article 41). Parties are required to maintain proper accounting records and practices including an annual inventory of assets and every March must present annual financial statements to the Ministers of Interior and of Finance and be able to explain the sources of resources and their utilisation (Loi no 1/006 2003, Article 42).

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).

LOI No 1/22 DU 18 SEPTEMBRE 2009 PORTANT REVISION DE LA LOI N°1/015 DU 20 AVRIL 2005 PORTANT CODE ELECTORAL, [www] http://www.arib.info/Parlement_Code_electoral_sept2009.pdf [PDF document, opens new window] (accessed 25 May 2010).