TITLE V. OF THE EXECUTIVE POWER
Article 92
The President of the Republic, two Vice Presidents and the members of the Government exercise the Republic’s executive power.
Article 93
An organic law establishes the regime of the indemnities and advantages of the President, the Vice President and the members of the Government as well as the regime of the incompatibilities. It also specifies their specific regime of social security.
Article 94
When the President, Vice Presidents and members of Government begin and finish their terms, they must submit, on their honor, written declarations of their assets and patrimony to the Supreme Court.
1. Of the President of the Republic
Article 95
As the Head of State, the President of the Republic incarnates national unity, ensures respect for the Constitution and assures by his arbitration the continuity of the State the regular functioning of the institutions.
The President is the guarantor of national independence, of territorial integrity, and respect for international treaties and agreements.
Article 96
The President of the Republic is elected by universal direct suffrage for a term of five years renewable one time.
Article 97
Candidates for the presidential seat must:
- Have the quality of elector within the conditions specified by the electoral law;
- Have Burundi Nationality by birth;
- Be at least 35 years old at the moment of election;
- Reside in Burundi’s territory at the moment his or her candidacy is presented;
- Enjoy all his civil and political rights;
- Subscribe to the Constitution and to the Charter of the National Unity.
Additionally, a presidential candidate must not have been condemned for crimes or misdemeanors of common law requiring a penalty determined by the electoral law.
The electoral law also determines the period of time after which a condemned person, as described the preceding paragraph, may recover his or her eligibility after the execution of his or her penalty.
Article 98
Presidential candidates may be presented by political parties, or may present themselves as independent candidates.
Any candidate not presented by a political party at the moment of his or her presentation is considered an independent.
Article 99
Every candidate to the presidential elections must be supported by a group of at least two hundred persons, taking into account the group’s ethnic and gender composition.
The members of the supporting group must themselves meet the fundamental conditions required for eligibility in the general elections.
Article 100
The functions of the President of the Republic are incompatible with the exercise of any other elective public function, of any public employment and of any professional activity.
Article 101
If the president-elect beforehand occupied a public function, he or she is compulsorily placed in a position of detachment from that function as soon as the results are proclaimed.
In the case where the president-elect occupies a function in the private sector, compensated or not, for his or her own compensation or for the compensation of others, the president-elect will end all activities as soon as the results are proclaimed.
Article 102
The election for the President of the Republic takes place in a uninominal ballot of two rounds.
The President is elected by an absolute majority of the expressed votes. If no candidate obtains this majority in the first round, the election will proceed to a second round within fifteen days.
Only the two candidates that have obtained the greater number of votes in the first round may present themselves in the second round. If one of these candidates withdraws, the following candidates will present themselves in the order of their ranking from the first ballot.
The candidate that receives the majority of the suffrage expressed is declared the winner of the second round.
Article 103
The President’s term begins on the day he or she takes the presidential oath and ends when the succeeding president-elect takes office.
The presidential election takes place at least one month, and at most two months before the expiration of the current President’s mandate.
Article 104
If the current President of the Republic is stands as a candidate for the next presidential term, the Parliament may not be dissolved.
Additionally, the President of the Republic may not exercise his legislative power by decree-law as derived from Article 195 of this Constitution from the moment of the official announcement of his or her candidature until the election.
In the case of necessity, the Parliament is convoked in extraordinary session.
Article 105
The electoral law specifies all the other provisions relative to the election of the President of the Republic.
Article 106
At the moment of entering into function, the President of the Republic solemnly takes the following oath, received by the Constitutional Court before Parliament:
Before the Burundian People, sole holder of the national sovereignty, I (announcing name), President of the Republic of Burundi, swear fidelity to the Charter of the National Unity, to the Constitution of the Republic of Burundi and to the law and engage myself to dedicate all my forces to the defense of the superior interests of the nation, to assure the national unity, cohesion, social people, and justice of the Burundian People. I engage myself to fight any ideology and practice of genocide and of exclusion, to promote and to defend the individual and collective rights and freedoms of the person and of the citizen, and to safeguard the integrity and the independence of the Republic of Burundi.
Article 107
The President of the Republic exercises the regulatory power and assures the execution of the laws. He exercises his powers by decrees countersigned, the case arising, by the Vice-President and the relevant Minister.
The countersignature does not intervene for the acts of the President of the Republic deriving from Articles 110, 113, 114, 115, 197, 198, 297 and 298 of this Constitution.
The President of the Republic may delegate his powers to the Vice-Presidents, with the exception of those enumerated in the preceding paragraph.
Article 108
The President of the Republic, in consultation with the two Vice-Presidents, appoints the members of the Government and terminates their functions.
Article 109
The President of the Republic is the head of the Government. He presides over the Council of Ministers.
Article 110
The President of the Republic is the Commander-in-Chief of the Corps of Defense and Security. He declares war and signs the armistice after consultation with the Government, with the Bureaus of the National Assembly and of the Senate and with the National Council of Security.
Article 111
The President of the Republic appoints members to the superior civil and military offices.
An organic law determines the categories of employment related to the preceding paragraph.
The nominations of the high civil, military and judicial functions, as specified in article 187-9 of the present Constitution may only become effective after approval from the Senate.
Article 112
The President of the Republic appoints and recalls the ambassadors and the extraordinary envoys to foreign States, and receives the letters of credentials and recalls of the ambassadors and extraordinary envoys from foreign States.
Article 113
The President of the Republic has the right of pardon which he exercises after consultation with the two Vice-Presidents of the Republic and the Superior Council of the Magistracy.
Article 114
The President of the Republic confers the national orders and the decorations of the Republic.
Article 115
When the institutions of the Republic, the independence of the nation, the integrity of the territory or the execution of its international engagements are threatened in a grave and immediate manner and the regular functioning of the public powers is interrupted, the President of the Republic may proclaim, by decree-law, the state of exception and take all the measures required by these circumstances, after official consultation with the Government, the Offices of the National Assembly and Senate, the National Council of Security and the Constitutional Court.
The Presidents informs the nation by way of a message.
These measures must be inspired by the willingness to assure to the constitutional public powers, within the shortest time period, the means to accomplish their mission.
The Constitutional Court is consulted on their subject.
The Parliament may not be dissolved during the exercise of the exceptional powers.
Article 116
The President of the Republic may be impeached for grave fault, abuse of power or corruption by a resolution taken by two-thirds of the members of the National Assembly and the Senate together.
Article 117
The President of the Republic is only criminally responsible for the acts accomplished in the exercise of his or her functions in cases of high treason.
There is high treason when, in violation of the Constitution or the law, the President deliberately commits an act contrary to the superior interests of the nation which gravely compromises national unity, social peace, social justice, the development of the country, or gravely infringes on human rights, territorial integrity, national independence and national sovereignty.
High treason belongs to the competence of the High Court of Justice.
The President of the Republic may only be impeached by a two-thirds majority of a secret vote by the members of the National Assembly and Senate, assembled in Congress.
The investigation may only be conducted by a team of at least three magistrates of the general office of Prosecutors of the Republic presided over by the General Prosecutor of the Republic.
Article 118
When Parliament begins the procedure for an indictment of high treason against the President of the Republic, the President of the Republic may not dissolve Parliament until the end of the judicial process.
Article 119
Except for acts that fall under the President’s discretionary competence, his or her administrative actions may be questioned before the proper court.
Article 120
At the end of his or her term, the President of the Republic has the right to a pension and all other privileges and comforts determined by the law, unless he or she is condemned for high treason.
Article 121
In case of absence or temporary impediment of the President of the Republic, the First Vice-President will assure the management of current affairs and if the First Vice-President is unavailable, then the Second Vice-President.
In case of a vacancy because of demission, death or any other causes of a definitive end to his functions, the interim will be assured by the President of the National Assembly or, if he is also impeded from exercising his functions, by the Vice-Presidents of the Republic and the Government acting collectively.
The vacancy will be announced by the Constitutional Court called upon by the Vice-Presidents of the Republic and the Government acting collectively.
The temporary authority may not form a new Government.
The Vice-Presidents of the Republic and the Government are reputed, outgoing authorities and may do nothing more than assure the management of current affairs until the formation of a new government.
The ballot for the election of the new President of the Republic will take place, except in a state of emergency announced by the Constitutional Court, with a period of time that may not be less than a year nor greater than three months from the announcement of the presidential vacancy.
The temporary authority will name a national, independent electoral commission charged with organizing a new presidential election, conforming to the laws in place.
2. Of the Vice Presidents of the Republic
Article 122
In the exercise of his or her functions, the President of the Republic is assisted by two Vice-Presidents.
The First Vice-President assures the coordination of the political and administrative domain.
The Second Vice-President assures the coordination of the economic and social domain.
Article 123
The Vice-Presidents are named by the President of the Republic after the preliminary approval of their candidature by the National Assembly and the Senate voting separately and by a majority of their members. They are chosen among the elected.
They may be dismissed by the President of Republic.
Article 124
The Vice-Presidents belong to different ethnic groups and political parties.
Without prejudice to the preceding paragraph, their nomination will take into account the predominant character of their ethnic affiliation within their respective political parties.
Article 125
The First Vice-President presides over the Council of Ministers on delegation of the President of the Republic and for a specific agenda.
In case of impediment of the First Vice-President, the President grants this delegation to the Second Vice-President.
Article 126
The Vice-Presidents take by order, each in his sector, all measures of execution of the presidential decrees.
The Ministers charged with executing these orders will countersign them.
Article 127
When they enter their functions, the Vice-Presidents solemnly take the following oath, received by the Constitutional Court, before Parliament:
“Before the Burundi people, sole keeper of national sovereignty, I (announce name), Vice-President of the Republic of Burundi, I swear fidelity to the Charter of National Unity, to the Constitution of the Republic of Burundi and to the law and commit myself to consecrate all my powers to the defense of the superior interests of the Nation, to assure the unity and cohesion of the Burundi people, the peace and social justice. I commit myself to combat all ideologies and practices of genocide and exclusion, to promote and defend the individual and collective rights and liberties of the individual and of the citizen, and to safeguard the integrity and independence of the Republic of Burundi.”
Article 128
In case of the dismissal, death or any other cause of a definitive end of the functions of a Vice-President of the Republic, a new Vice-President of the Republic from the same ethnic group and political party as his predecessor will be nominated, following the same procedure, within a period of time not to exceed thirty days from the beginning of the definitive end of the former Vice-President.
3. Of Government
Article 129
The Government is open to all the ethnic compositions. Of its ministers and vice-ministers, there must be at most 60% from the Hutu tribe and at most 40% from the Tutsi group. It is assured to be at least 30% female ministers and vice-ministers.
The members come from different political parties having earned more than 20% of the vote and who so desire. These parties have right to a percentage, rounded to the inferior number, of the total number of Ministers at least equal to those seats that they occupy at the National Assembly.
When the President dismisses a Minister, it proceeds to his replacement after consultation with his political party of origin.
Article 130
The President of the Republic, after consultation with the two Vice-Presidents of the Republic, makes sure that the Minister in charge of National Defense is not from the same ethnic group as the Minister responsible for the National Police.
Article 131
The Government determines and conducts the political agenda of the nation through decisions taken by consensus in the Council of Ministers.
Article 132
The Government must deliberate over the general political agenda of the State, the projects of treaties and international accords, proposed laws, proposed presidential decrees, orders of a Vice-President and ordinances of the Ministers having a character of general regulation.
Article 133
The members of Government are responsible before the President of the Republic. When they enter office, the members of the Government take solemnly the following sermon before Parliament and the President of the Republic:
“Before the President of the Republic, before Parliament, I (give name), I swear fidelity to the Charter of National Unity, to the Constitution and the law. I commit myself to consecrate all my powers to defend the superior interests of the nation, to promote the unity and cohesion of the Burundi people, the peace and social justice in the accomplishment of the functions that are given to me. I commit myself to combat all ideologies and practices of genocide and exclusion, and to promote and defend the rights and liberties of the person and citizen.”
Article 134
The members of the Government take, by ordinances, all measures necessary to carry out the decrees of the President of the Republic and of orders of the Vice-President of the Republic.
Article 135
The members of the Government make or propose the nominations of the public administration and the diplomatic posts, keeping in mind the necessity to maintain an ethnic, regional, political, and gender equilibrium.
Article 136
The members of the Government are criminally responsible for any infractions committed in the exercise of their functions. They are answerable to the Supreme Court.
Article 137
The functions of the members of Government are incompatible with the exercise of all professional activities the exercise of any parliamentary term.
- Of the Provincial and Public Administration
Article 138
The executive power is delegated, at the provincial level, to a province Governor charged with coordinating the services of the administration working in the province.
The Governor of the province also exercises the powers the laws and regulations give him.
Article 139
The Government of the province must be a civilian, native Burundian, established in or from the territorial entity that he is called to administer.
He is nominated by the President of the Republic after consultation with the Vice-Presidents of the Republic and confirmation by the Senate.
Article 140
The Administration functions confirming to the democratic values and to the principles pronounced in the present Constitution at the law.
Article 141
All the agents of the public administration exercise their functions in an efficient, impartial, and fair way to serve all the beneficiaries of public services. The diversion of public funds, corruption, extortion and embezzlement are punishable conforming to the law.
Article 142
The administration is organized in ministries, and all ministers inform the President of the Republic how his ministry accomplishes its tasks and uses the funds allocated to him.
Article 143
The Administration is largely representative of the Burundi nation and must reflect its diversity. The practices that it observes in matters of employment are founded on objective and equitable criteria of aptitude as well as on the necessity to correct inequality and to assure a large ethnic, regional and gender representation. Ethnic representation in public companies is provided on the basis of 60% at most for the Hutu and 40% at most for the Tutsi.
Article 144
A law prescribes the distinction between private, technical, and political employment.
Article 145
No agent of the public administration or judicial apparatus of the State may benefit from favorable treatment nor become the object of biased treatment because of his or her gender, ethnic origin or political affiliation.
Article 146
The executives and agents of the Public Administration are required to make a declaration of their assets when they enter office and at the end of their terms.
A law determines the competent jurisdiction and the process to be followed.
