Burundi 2005 Constitution - Page 11 of 18

Table of Contents

TITLE X. OF DEFENSE AND OF SECURITY

Article 240

The Corps of Defense and of Security are established in accordance with the law. Apart from these, no other armed organization may be created or raised.

Article 241

The Corps of Defense and of Security must reflect the resolute willingness of the Burundians, as individuals and as a nation, to live as equals, in peace and harmony. They must teach their members to act in conformity with the Constitution and the laws in force, as well as with the international conventions and agreements of which Burundi is a part, and requires from them they respect these texts.

The Corps of Defense and of Security are at the service of the Burundian People. They must be an instrument of protection of all the Burundian People and all the People must recognize themselves in them.

Article 242

The maintenance of the national security and that of the national defense are submitted to the authority of the Government and to the control of the Parliament.

Article 243

The Corps of Defense and of Security must render account of their actions and work in all transparency.

Parliamentary commissions given the charge of supervising the work of the Corps of Defense and of Security, are created in accordance with the legislative texts in force and following the regulations of the Parliament.

Article 244

Neither the Corps of Defense as of Security, nor any of their members may, in the exercise of their functions:

Infringe the interests of a political party which, in the terms of the Constitution, is legal;
Manifest their political preferences;
Favor in a partisan manner the interests of a political party;
Be a member of a political party or of an association with a political character;
Participate in activities or manifestations of a political character.

The law concerning the organization and the functioning of the Corps of Defense and of Security punishes the violation of it.

Article 245

The Corps of Defense and of Security consist of a force of national defense, a national police and a national intelligence service, all established in accordance with this Constitution.

The National Defense Force of Burundi is an armed corps designed, organized and trained for the defense of the integrity of the territory, of the independence and of the sovereignty of the Nation.

The National Police of Burundi is a corps designed, organized and trained for the maintenance and restoration of security and order in the country.

The National Intelligence Service is a corps designed, organized and trained to look for, centralize and exploit all information of a nature that contributes to the security of the State, of its institutions and of its international relations, as well as to the prosperity of its economy.

Article 246

The Corps of Defense and of Security are subordinated to the civilian authority within the respect for the Constitution, for the law and for the regulations.

Article 247

The Corps of Defense and of Security develop within them a society that is not discriminatory, either by gender or ethnicity.

Article 248

The organic laws determine the establishment, the missions, the organization, the instruction and the conditions of service and the functioning of the Force of National Defense, of the National Police and of the National Intelligence Service.

Article 249

Within the limits determined by the Constitution and the laws, only the President of the Republic may authorize the use of the Armed Forces:

In the defense of the State;
In the restoration of order and of the public security;
In the fulfillment of the international obligations and engagements.

Article 250

When the Force of National Defense is used in one of the cases cited in the paragraph above, the President consults officially in the competent instances so enabled and informs the Parliament promptly and in a detailed manner concerning:

The reason or reasons for the use of the Force of National Defense;
All places where this force is deployed;
The period for which this force is deployed.

Article 251

If the Parliament is not in session, the President convokes it in an extraordinary session within the seven days following the use of the Force of National Defense.

Article 252

The Corps of Defense and of Security respect the rights and the dignity of their members within the framework of the normative constraints of discipline and instruction.

Article 253

The members of the Corps of Defense and of Security have the right to be informed about the socio-political life of the country and to receive a civic education.

Article 254

All foreign intervention outside the international conventions is prohibited. All recourse to foreign forces is prohibited, expect in the case of authorization by the President of the Republic.

Article 255

The State has the duty to put in place a pertinent policy of reforms in the matter of defense and of security that reinforces the unity and the cohesion of the Burundian People, notably by assuring the necessary ethnic, regional and gender equilibriums.

Article 256

The Corps of Defense and of Security are organized in a manner that guarantees the unity within themselves, the political neutrality of the members as well as the impartiality in the accomplishment of their missions.

Article 257

The Corps of Defense and of Security are open without discrimination to all Burundian citizens who desire to be a part of them. Their organization is based on volunteering and on professionalism.

During a period for the Senate to determine, the Corps of Defense and of Security may not include more than 50% of the members belonging to a particular ethnic group, taking into account the necessity to assure the ethnic equilibrium and to prevent acts of genocide and coups d’etat.

Article 258

The correction of the disequilibrium within the Corps of Defense and of Security is approached progressively in a spirit of reconciliation and trust in order to secure all Burundians.

Article 259

The Corps of Defense and Security are composed of professionals and are nonpartisan.

Their members benefit from a technical, moral and civic training. This training focuses notably on the culture of peace, the conduct in a pluralist democratic political system and for the rights of Man.

Article 260

The members of the Corps of Defense and of Security are trained at all levels in the respect for international humanitarian law and for the primacy of the Constitution.