TITLE V. OF THE EXECUTIVE POWER
Article 93
The President of the Republic is the head of executive power. He is assisted in his duties by a Vice President of the Republic.
Article 94
An organic law sets the system of indemnities and advantages of the President, Vice President, Prime Minister, and other ministers as well as the system of incompatibilities. It also sets their specific system of social security.
Article 95
At the time of their entrance to office and their departure from it, the President of the Republic, the Vice President of the Republic, the Prime Minister, and members of government are obligated to make, on their honor, a written declaration proclaiming their goods and patrimony and addressed to the Supreme Court.
1. OF THE PRESIDENT OF THE REPUBLIC
Article 96
The President of the Republic, the Head of State, embodies national unity, ensures that the Constitution is respected, and assures by his mediation the continuation of the State and the regular operations of institutions.
The President is the guarantor of national independence, territorial integrity, and respect of international treaties and accords.
Article 97
The President of the Republic is elected by direct universal suffrage for a renewable term of seven years.
No one can hold more than two consecutive terms.
Article 98
A candidate running for the President of the Republic must:
- Have the quality of elector following the conditions set by electoral law;
- Enjoy only Burundi nationality from birth;
- Be aged over 40 years at the moment of election;
- Reside in Burundi territory at the moment of the presentation of candidacy;
- Enjoy all civil and political rights;
- Subscribe to the Constitution and to the Charter of National Unity.
Furthemore, the candidate in a presidential election cannot have been condemned for a crime or misdemeanor of common law to a penalty determined by electoral law.
The electoral law also provides for the time period after which a condemned person, in the sense of the preceding paragraph, can regain eligibility after the fulfillment of the penalty.
Article 99
Candidates can be presented by political parties or coalitions of political parties or can present themselves as independents.
A candidate is considered independent if they have not aligned themselves with any political party within at least a year and if they affirm their independence in regards to habitual political divisions by proposing a personal societal project.
A member of a leading organ of a political party can not present himself as an independent candidate until after a period of two years after his expulsion or resignation from the party of origin.
Article 100
Each candidacy to the presidential election must be backed by a group of 200 persons formed in consideration of ethnic and gender composition.
The members of the backing group must themselves meet the fundamental eligibility requirements for the legislative elections.
Article 101
The functions of the President of the Republic are incompatible with the exercise of all other elected public functions, of all public employment, and of all professional activity.
Article 102
In the case that the candidate elected President of the Republic occupied a public function, paid or unpaid, he is placed, upon assuming office, in a position of detachment as soon as the definitive results are proclaimed.
In the case that the President held a private function, paid or unpaid, for himself or for a third party, he ceases all activity as soon as the results are proclaimed.
Article 103
The election of the President of the Republic occurs in a uninominal ballot in two rounds.
The President of the Republic is elected by an absolute majority of expressed suffrage.
If an absolute majority is not reached in the first round, a second round proceeds after a period of 15 days.
Only the two candidates who received the greatest number of votes in the first round can present themselves in the second round. In the case of desistance of one or the other of the two candidates, the following candidates present themselves following the order of their ranking after the first round.
The candidate receiving a relative majority of the expressed suffrage is declared elected in the second round.
Article 104
The mandate of the President of the Republic begins the day of swearing in and ends with the beginning of his successor’s functions.
The election of the President of the Republic takes place at least one month and at most three months before the expiration of the sitting President of the Republic’s mandate.
Article 105
If the sitting President of the Republic is a candidate, he can dissolve Parliament.
The President of the Republic cannot, furthermore, from the time of his official announcement of candidacy until the election, exercise his power to legislate by decree per Article 200 of the present Constitution.
In the case of necessity, the Parliament is summoned in a special session.
Article 106
Electoral law specifies all other provisions related to the election of the President of the Republic.
Article 107
At the moment of taking up office, the President of the Republic solemnly swears the oath below, received by the Constitutional Court:
“Before Almighty God, before the people of Burundi, sole possessors of national sovereignty, I, (state name), President of the Republic of Burundi, swear fidelity to the Charter of National Unity, to the Constitution of the Republic of Burundi and to the law, and commit to consecrating all of my powers to the defense of the higher interests of the nation, to assure national unity and the cohesion of the Burundi people, peace, and social justice. I commit myself to combatting every ideology and practice of genocide and of exclusion, to promote and to defend the individual and collective rights and freedoms of person and of citizen, and to safeguard the integrity and the independence of the Republic of Burundi”.
Article 108
The President of the Republic exercises regulatory power and assures the execution of the laws. He exercises his powers by countersigned decree, the case arising, by the Prime Minister and the Minister concerned.
The countersignature does not take action for the acts of the President of the Republic as derived from Articles 111, 114, 115, 116, 202, 203, 284, and 285 of the present Constitution.
Article 109
The President of the Republic, on a proposal from the Prime Minister, in consultation with the Vice President, names members of Government and terminates their functions.
Article 110
The President of the Republic, Head of State, presides over the Council of Ministers.
Article 111
The President of the Republic is the Commander in Chief of the security and defense corps. He declares war and ratifies armistice after consultation with the Government, the Bureaux of the National Assembly and of the Senate and of the National Security Council.
Article 112
The President of the Republic makes appointments to superior positions.
An organic law determines the categories of positions addressed in the preceding paragraph.
The nominations to superior positions such as is specified in Article 192, no. 9 of the present Constitution only become effective if they are approved by the Senate.
Article 113
The President of the Republic authorizes and recalls ambassadors and extraordinary envoys to foreign States and receives letters of credit and of recall of ambassadors and extraordinary envoys to foreign States.
Article 114
The President of the Republic has the right of pardon.
Article 115
The President of the Republic confers the national orders and decorations of the Republic.
Article 116
When the institutions of the Republic, the independence of the Nation, the integrity of the territory or the execution of international engagements are threatened in a serious and immediate manner, and so that the regular operations of public powers is interrupted, the President of the Republic can proclaim by decree a state of exception and take all the measures demanded by the circumstances, after official consultation with the Government, the Bureaux of the National Assembly and of the Senate, the National Security Council, and the Constitutional Court.
He informs the State of this state of exception by route of message.
These measures must be motivated by the will to assure the constitutional public powers, in the shortest time period, the means to accomplish their mission.
The Constitutional Court is consulted in this subject.
The Parliament cannot be dissolved during the exercise of exceptional powers.
Article 117
The President of the Republic cannot be held criminally responsible for acts accomplished in the exercise of his functions but in the case of high treason.
There is high treason when in violation of the Constitution or the law, the President of the Republic deliberately commits an act contrary to the higher interests of the Nation which gravely compromises national unity, social peace, social justice, national development or damages the rights of man, territorial integrity, independence, and national sovereignty.
High treason falls under the jurisdiction of the High Court of Justice.
The President of the Republic cannot be accused except by the National Assembly and the Senate united in Congress and decreeing thus, by secret vote, by a two-thirds majority of members.
The investigation can only be conducted by a team of at least three magistrates of the General Office of Prosecutors, presided over by the General Prosecutor of the Republic.
Article 118
While the procedure of accusing the President of the Republic is begun by Parliament, the President of the Republic cannot dissolve it until the completion of the judicial procedure.
Article 119
Apart from acts which arise from his discretionary authority, the administrative acts of the President of the Republic can be criticized before the competent jurisdictions.
Article 120
At the expiration of his duties, the President of the Republic has the right, except in the case of condemnation for high treason, to a pension and to other privileges and facilities determined by law.
Article 121
In case of the absence or the temporary impediment of the President of the Republic, the Vice President of the Republic carries out the management of standard affairs and in the absence of the latter, the Prime Minister.
In case of vacancy due to resignation, death, or all other causes of definitive cessation of his functions, the interim is carried out by the President of the National Assembly or if the latter is in his turn unable to exercise his functions, by the Vice President of the Republic and the Government acting together.
The vacancy is certified by the Constitutional Court referred by the Vice President of the Republic and the Government acting together.
The interim authority cannot form a new Government.
The Vice President of the Republic and the Government are considered outgoing and can only simply assure the dispatch of standard affairs until the formation of a new Government.
The election of the new President of the Republic takes place, except in the case of an act of God recorded by the Constitutional Court, in a period of time which must not be less than a month or longer than three months from the observation of the vacancy.
2. OF THE VICE PRESIDENT OF THE REPUBLIC
Article 122
In the exercise of his duties, the President of the Republic is assisted by the Vice President of the Republic.
Article 123
The Vice President is appointed by the President of the Republic after preliminary approval of his candidacy by the National Assembly and the Senate voting separately and with the absolute majority of their members. He is chosen from among the elected representatives and must solely enjoy Burundi nationality since birth.
He can be removed from his duties by the President of the Republic.
Article 124
The President of the Republic and the Vice President belong to different ethnic groups, political parties and coalitions of political parties, or are independents of different ethnicities.
Article 125
The President of the Republic can, by decree, delegate to the Vice President presidency of the Council of Ministers for a specific order of business.
In case of an impediment to the Vice President of the Republic, the President can by decree confer this delegation to the Prime Minister.
Article 126
At the moment of taking up office, the Vice President solemnly swears the following oath, received by the Constitutional Court in presence of Parliament:
“Before God Almighty, before the President of the Republic, I (state name), Vice President of the Republic of Burundi, swear fidelity to the Charter of National Unity, to the Constitution of the Republic of Burundi and to the law, and I commit myself to consecrating all my forces to the defense of the higher interests of the Nation, to assure the unity and the cohesion of the Burundi people, the peace, and social justice. I commit myself to combatting all 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 127
In the case of resignation, death, or any other cause of definitive cessation of the duties of Vice President of the Republic, a new Vice President of the Republic is appointed following the same procedure through which his predecessor was appointed, within a time period not exceeding 30 days counting from the definitive cessation of the duties of the Vice President to replace.
3. OF THE GOVERNMENT
Article 128
The Government is composed of the Prime Minister and other ministers. It is open to all ethnic groups. It is composed of at most 60% Hutu ministers and at most 40% Tutsi ministers. A minimum composition of 30% female is assured.
4. OF THE PRIME MINISTER
Article 129
The Prime Minister is the head of the Government.
Article 130
The activities of the Government are coordinated by a Prime Minister appointed by the President of the Republic after prior approval of the candidacy by the National Assembly and the Senate voting separately and with an absolute majority of their members.
The Prime Minister must enjoy sole Burundi nationality from birth.
Article 131
The Prime Minister makes decisions by decree. He takes all of the measures to execute presidential decrees. The Ministers tasked with their execution countersign the decrees of the Prime Minister.
Article 132
The Prime Minister and the Ministers are responsible, in solidarity, before the President of the Republic.
The resignation of the Prime Minister results in the resignation of the whole Government.
Article 133
The Prime Minister leads and coordinates the action of the Government. The Prime Minister presides over preparatory meetings of the Council of Ministers.
Article 134
The Internal Regulations of Government specifies the person who leads and coordinates the actions of the Government in the case that the Prime Minister is impeded.
Article 135
The President of the Republic, in consultation with the Vice President of the Republic and the Prime Minister, ensures that the Minister tasked with the National Defense Force is not of the same ethnicity as the Minister tasked with the National Police.
Article 136
The Government is tasked with the implementation of national policy as it is defined by the President of the Republic.
Article 137
The Government is obligated to deliberate on general State policy, proposals of treaties and international accords, bills, drafts of presidential decrees, and the decrees of the Prime Minister and the orders of Ministers which concern general regulations.
Article 138
At the moment of taking up office, the members of Government solemnly swear the following oath, received by the Constitutional Court in presence of Parliament and the President of the Republic:
“Before God Almighty, before the President of the Republic, before Parliament, I (state name and title), Vice President of the Republic of Burundi, swear fidelity to the Charter of National Unity, to the Constitution of the Republic of Burundi and to the law. I commit myself to consecrating all my forces to the defense of the higher interests of the Nation, to assure the unity and the cohesion of the Burundi people, the peace, and social justice. I commit myself to combatting all 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.”
Article 139
The members of Government take, through orders, all measures to apply the decrees of the President of the Republic and the orders of the Prime Minister.
Article 140
The members of Government make or propose nominations in the public administration and to diplomatic posts, considering the necessity to maintain an ethnic, regional, political, and gender equilibrium.
Article 141
The members of Government are criminally responsible for infractions committed in the execution of their duties. They are held answerable to the Supreme Court.
Article 142
The duties of the members of Government are incompatible with the exercise of any other public duty, professional activity, and the exercise of a parliamentary term.
5. OF PROVINCIAL AND PUBLIC ADMINISTRATION
Article 143
Executive power is delegated, at the provincial level, to a Governor of the province charged with coordinating the services of the administration operating in the province.
The Governor of the province exercises, furthermore, the powers that are attributed to him by the law and regulations.
Article 144
The Governor of the province must be Burundian, native, and of established residency or of origin in the territorial entity of which he is named administrator.
He is appointed by the President of the Republic after confirmation by the Senate.
Article 145
The Administration functions according to democratic values and to the principles stated in the present Constitution and in law.
Article 146
All the agents of the public administration exercise their duties in order to serve all the users of public services efficiently, impartially, and equitably. The embezzlement of funds, corruption, extortion, and misappropriation are punishable in accordance to the law.
Article 147
The administration is organized into ministries, and each minister reports to the President of the Republic the manner in which his ministry carries out tasks and utilizes allocated funds.
Article 148
The Administration is largely representative of the Burundi nation and must reflect the diversity of its people. The practices which the Administration observes in terms of employment are founded on objective and fair criteria of aptitude, along with the necessity to correct imbalances and to assure a large ethnic, regional, and gender diversity. Ethnic representation in public enterprises is filled at a rate of 60% or more for the Hutu and 40% or more for the Tutsi.
Article 149
A law specifies the distinction between career or technical posts and political posts.
Article 150
No agent of the administration or of the judicial apparatus of the State can benefit from privileged treatment nor be subjected to partial treatment based solely on grounds of sex, ethnic or regional origin, or political affiliation.
Article 151
A law determines the executives and the officers obliged to declare their patrimony upon taking up office and upon leaving it. The law determines the appropriate jurisdiction and the procedure to follow.
