On Thursday 7 June 2018, Burundi President Pierre Nkurunziza promulgated the new Constitution in Gitega province which replaces that of 2005. It was an opportunity for him to recall that his term in office will end in 2020.
President Nkurunziza hands the new Constitution to the President of the Constitutional Court.
In the presence of several high authorities, President Nkurunziza promulgated this new Constitution around 11 o’clock in Gitega Palace.
Festivities continued in Bugendana commune of Gitega province where he arrived around noon.
There were government officials, ambassadors accredited to Bujumbura and a large crowd of people. Security was ensured by the police and military.
“The new Constitution is the link between all Burundians. Those who voted “yes”, those who voted “no”, those who did not want to show their position and even those who were disoriented and their voices became null, “said President Nkurunziza. It is also the same for those who boycotted the poll. In short, it is for all Burundians without any distinction. “Burundians have just got a Constitution that meets their aspirations.”
It corrects the articles of the 2005 constitution that were no longer adapted to the realities of the moment. The new Constitution will make it possible to adapt to the norms and laws of the East African Community of which Burundi is a member, explained the Head of State.
He also congratulated the Burundian people for the love and patriotism they had just shown. “This is the first time that Burundi has held elections without asking for foreign support.” This will also happen in the next elections in 2020.
He removed all misconceptions: “This new Constitution doesn’t come to change the institutions or overturn the already existing laws. The institutions elected in 2015 will continue to run the country until the 2020 elections. Laws that are not inconsistent with the Constitution will remain in force. “For President Nkurunziza, “May nobody disorientate the population by saying that we are going to have a prime minister, etc.”
According to him, what is urgent is strengthening national independence, promoting the rights and freedoms of the people, and complying with the laws of the East African Community (EAC). He said Articles 288 and 290 are very clear.
“I pledge to continue serving my country”
Referring to his oath of 20 August 2015, President Nkurunziza said: “Before taking office, the President of the Republic undertakes to respect the Constitution in its entirety.”
According to him, whether the 2005 constitution or the new one, they are clear with regard to the terms of the President of the Republic. He recalled that he made it clear in 2015 that this was his last term in office. “We inform Burundians and the world that we will not retract. Our term will end in 2020, “he said.
He advised Burundians and foreigners not to fall into the trap of the enemies of Burundi. For him, they give false information on the issue of the presidential term and this new Constitution. “Whoever wishes to distance themselves from lies and rumors, they have only to read it themselves.”
To those who think that this new Constitution is in the interest of President Nkurunziza, the answer was clear: “May you all know it well today and may those who confess do it: The Constitution has not been amended for President Pierre Nkurunziza as the enemies of Burundi peddled it in recent days. The Constitution has been amended for the good, dignity, peace and the better future of Burundi and its people. ”
As far as he is concerned, he says that he is committed and prepared in his soul and conscience, with all his knowledge and efforts to support the new President of the Republic who will be elected in 2020.”I pledge to continue to serve my country and to watch over it until the end of my life,” he promised.
After presenting the new Constitution to the present crowd, President Nkurunziza handed it to the President of the Constitutional Court.
As a reminder, it was at this same place where the launch of explanation of this new Constitution had taken place towards the end of 2017. It is also in that very place where the ruling party CNDD-FDD launched its referendum campaign.
Reactions
“The new constitution challenges the achievements of democracy”
Léonce Ngendakumana, vice-president of Sahwanya FRODEBUparty, considers the promulgation of the new Constitution as a non-event.
“We take it as an obstacle to the establishment of a state of law and democratic state.”
He says his party has never joined a process that challenges the achievements of democracy and good governance. According to him, it is a propaganda and the forcing which continue. He is astonished by the procedure followed to promulgate the new fundamental law.
The promulgation of a law, he says, is done in the office of the President of the Republic and lasts around 10 minutes. However, he regrets that the preparations have lasted more than 3 days causing enormous expenses, the stopping of work and the loss of time for some government officials in a country that is in extreme poverty and misery.
All this is done to escape the legislative process provided for in Article 158, 159 and 300 of the revised Constitution, he says.
The former president of the National Assembly fears for the future of Burundi. “The international and regional community, which decried the referendum process, risks further isolating Burundi.”
As for the message of President Pierre Nkurunziza announcing that he will leave power in 2020, Léonce Ngendakumana remains pessimistic. “If that were true, it would be good for Burundi and CNDD-FDD party.”
“The new Constitution belongs to all Burundians”
“That this Constitution be presented to the Burundian people is perfectly normal,” said Abel Gashatsi, chairman of UPRONA party. It is a legal instrument voted by the people and for the people. He recalls that UPRONA followed and contributed to the process of the elaboration, campaign of explanation of the Constitution. Burundian people have already voted. The Constitutional Court has already validated it. So the next and crucial step was its promulgation.
“We appeal to all Burundians to make the new constitution their own,” he said before adding that it belongs to the supporters of “yes” and “no” without discrimination.
Mr. Gashatsi advises the “no” supporters not to torpedo its implementation.
The chairman of UPRONA party salutes the message of the Head of State.
For him, President Pierre Nkurunziza has kept the 2015 promise.”His message will stabilize the country and remove the misunderstandings and speculation on his possible term in office in 2020″.
“This is a matter for populist methods and motives”
Agathon Rwasa, Chairman of Amizero y’Abarundi coalition, indicates that the promulgation of the new constitution did not respect the legal procedures. Normally, he explains, a constitution should not be promulgated in a simplistic way. There must be an adoption law because even ordinary laws are adopted by Parliament. He wonders why a fundamental law has not been debated at the level of the National Assembly. Why, he continues, avoid Parliament when it is empowered to adopt laws even if there has been a referendum? The result must be adopted by the Parliament, he concludes.
From beginning to end, they are manipulations, deplores MP Rwasa. For him, the promulgation of a law is not done on a large playground. The publication is done in the Official Bulletin of Burundi (BOB). “I do not understand how he proceeded in this way. These are just populist methods and motives,” he said.
“The new Constitution belongs to the people”
“We appreciate the whole referendum process,” says Kefa Nibizi, president of FRODEBU Nyakuri. Everyone had the opportunity to express themselves. The new constitution was adopted in peace and tranquility. There has been no offense against those who have decried it. According to him, the moment is ultimate and propitious for this Constitution to be presented to the people who massively voted for it: “It belongs to the people”.
Mr. Nibizi throws a wink to those who voted “no”: “In any competition, whether democratic or not, there is always a winner and a loser”. He invites the “no” supporters not to tarnish the image of Burundi but rather contribute to its reconstruction.
As for the message of the Burundian president, Kefa Nibizi does not mince his words: “His message is clear. I cannot make any interpretation on it. ”
“The future of the Arusha Agreement is mortgaged”
“We have always said that this Constitution comes to an end to the Arusha Agreement and democracy, “says Pancrace Cimpaye, spokesman for CNARED, the National Council for the Restoration of the Arusha Agreement and the 2005 Constitution.
By this gesture of presenting this Constitution to the population in Bugendana, President Pierre Nkurunziza shows that he is in search of a forced legitimacy, says this opponent in exile. Mr. Cimpaye worries about the future of the country if the spirit and the letter of Arusha are not respected. “The future of Burundi is uncertain,” he says.
Asked about President Pierre Nkurunziza’s speech on the promulgation of the new constitution, Pancrace Cimpaye is skeptical. Mr. Cimpaye does not believe in the promise made by President Pierre Nkurunziza to hand over power in 2020. “He would have not revised the 2005 Constitution, the guarantor of the Arusha Agreement.”
Félix Haburiyakira
Translated by Pierre Emmanuel Ngendakumana
IWACU Open Data
