The Constitutional Court of Burundi has granted the “Burundi Bwa Bose” coalition and the CNL party three days to revise their respective parliamentary candidate lists to comply with legal requirements. This decision, issued on Wednesday, follows complaints from both entities regarding the Independent National Electoral Commission’s (CENI) rejection of their lists.
The “Burundi Bwa Bose” coalition’s candidate lists were rejected by CENI on the grounds of violating Article 112 of the Electoral Code, which defines the conditions under which a member of parliament loses their seat. Additionally, CENI cited Article 7 of the Political Parties Law, which prohibits individuals from holding membership in more than one political party. According to CENI, the coalition’s lists included lawmakers such as Agathon Rwasa, who is currently a parliamentarian under the CNL party.
In response to the rejection, the coalition filed a complaint with the Constitutional Court, arguing that CENI had misinterpreted the Electoral Code. “We appeal against the outright rejection of our lists for the legislative elections due to a misinterpretation of the electoral code,” stated CODEBU-ABAHIZI, a party within the coalition, in a post on X (formerly Twitter). The post further alleged hidden motives behind CENI’s decision: “The rejection of all the coalition’s lists, including those already approved by the independent provincial electoral commissions (CEPI), hides another reality!”
Meanwhile, CENI also rejected the CNL party’s candidate lists for failing to meet requirements on ethnic and gender representation as stipulated in Article 108 of the Electoral Code. This article mandates that among every three consecutive candidates on a list, no more than two can belong to the same ethnic group, and at least one must be a woman. According to CENI, some CNL lists included instances where three or more consecutive candidates belonged to the same ethnic group.
In its ruling, the Constitutional Court clarified that members of the CNL party should not appear on the “Burundi Bwa Bose” coalition’s parliamentary candidate lists, as the CNL is not a member of the coalition. The court authorized the coalition to reorganize its lists in five new provinces within three calendar days from the notification of the ruling.
Regarding the CNL party, the court found its request to revise its candidate lists partially justified, allowing the party to reorganize its lists in five electoral constituencies within the same three-day timeframe. “The lists of parliamentary candidates from the CNL party do not comply with the legal requirements regarding ethnic and gender balance,” the court stated.
The “Burundi Bwa Bose” coalition has expressed readiness to implement the court’s decision. Keffa Nibizi, the coalition’s spokesperson, welcomed the ruling, saying that it provides a renewed opportunity to compete in the upcoming elections after being disqualified by CENI.
“The coalition is committed to fully adhering to the court’s ruling as it stands,” Nibizi was quoted by local media as saying. He also confirmed that the coalition would reorganize its candidate lists in compliance with the court’s instructions within the stipulated timeframe.
Speaking to the collective of Burundian bloggers Yaga, Agathon Rwasa, who was excluded by CENI, said: “In the National Assembly, I represent the Burundians, not the CNL. There has never been a plenary session of the National Assembly where only the CNL or CNDD-FDD representatives were present. It is a national institution, not a party institution.”
He added: “We, as Burundians, are participating in the elections because there is a Burundian coalition that everyone agrees could represent us. I will continue the political struggle because I am Burundian, and I am obligated to continue fighting for my rights as a Burundian.”
This article has been updated to include a statement from Agathon Rwasa
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