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2007 Assessment

Burundi: Integrity Indicators Scorecard

Burundi: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	60
19	Are elections systems transparent and effective?	79

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments:

References: Article 89 de la constitution post-transition Une commission électorale nationale indépendante, garantit la liberté, limpartialité et lindépendance du processus électoral.

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments:

References: Article 89 Une commission électorale nationale indépendante, garantit la liberté, limpartialité et lindépendance du processus électoral. Article 90 La commission est composée de cinq personnalités indépendantes. Ses membres sont nommés par décret après avoir été préalablement approuvés séparément par lAssemblée nationale et le Sénat à la majorité de trois quarts.

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments: Although the appointments to the CENI (Commisson Electorale Nationale Indépendante) were not dispute, the chairman and his assistant were well known to be close to some political parties in competition.

References: Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, 2007, in Bujumbura.

Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

Peer Review Comments: Indeed, when members of the CENI were appointed they were seen as independent, but during the elecoral process some of them were approached by mostly the CNDD-FDD (the winning party) and the Frodebu party. This has been confirmed by the CENI chairmanI, Paul Ngarambe, in an interview I had with him on June 29, 2007. This bias can be proved by the fact that one of the members became minister of Justice after the elections (Clotilde Niragira for CNDD-FDD).

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments:

References: Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, 2007, in Bujumbura.

Peer Review Comments: The problem was not only a lack of qualified staff but also the lack of clearness and knowledge of their responsibilities, which were not clearly stated in the electoral code.

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments:

References: Interview with Jean-Marie Vianney Kavumbagu, chairman of the Human Rights Association League and former president of the COSOME (collectif de la société civile pour le monitoring des élections).

Peer Review Comments: To give an example of the lack of access to these reports: a final report was written, but is is only available at the Ministry of Internal affairs. I personally tried, unsuccessfully though, to have access to the document during my stay in June 2007.

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments:

Peer Review Comments: This lack of effectiveness and concrete action were especially obvious in the beginning of the electoral process, as it was not clear what authority they had.

Other references: declarations of the opposition parties, CNDD-FDD and Parena, as well as media reports (radio and newspapers).

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments:

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments:

References: Articles 72-86 of the election code (loi N°1/ 015 du 20 avril 2005 portant code électoral)

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments:

Peer Review Comments: I am not aware of any complaints being placed. This may be due to citizens lacking awareness of their rights, or experience with the system, or courage....

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments: The former combatants of the FDD (Forces of Defence of Democracy), the military wing of the ruling CNDD-FDD party, are accused of intimidating voters.

References: Interview with Leonard Nyangoma, president of the CNDD, July 27, 2007, in Bujumbura.

Interview with Domitien Ndayizeye, former head of state, July 25, 2007, in Bujumbura.

Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, 2007, in Bujumbura.

Peer Review Comments: Even a score of "0" would have been acceptable, given the level of intimidation that existed prior to the 2005 elections.

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments:

References: It is not clearly stipulate in the law but it is allowed. Cfr.notably "Union européenne Mission d'observation électorale.Elections législatives Burundi 2005 Déclaration préliminaire Bujumbura.6 juillet 2005."

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments:

References: Reports made by the synergie des médias during the last elections

International Crisis Group. « elections au Burundi : reconfiguration radicale du payage politique brundais »25 août 2005. www.crisisgroup.org