Burundi 2018 Constitution

TITLE VI. OF LEGISLATIVE POWER

1. OF PROVISIONS COMMON TO THE NATIONAL ASSEMBLY AND THE SENATE

Article 152

Legislative power is exercised by the Parliament, which consists of two chambers: the National Assembly and the Senate.

Members of the National Assembly bear the title of deputy, members of the Senate bear the title of senator.

No one can belong simultaneously to the National Assembly and the Senate.

Article 153

An organic law sets the conditions under which deputies and senators are replaced in the case of vacancy.

Article 154

The mandate of deputies and senators is of a national character. All peremptory mandates are null.

The vote of deputies and senators is personal.

The interior regulations of the National Assembly and of the Senate can authorize exceptionally proxy voting. No one, however, can be delegated more than one mandate.

Article 155

Deputies and senators cannot be pursued, hunted, or arrested, detained or judged for opinions or votes made during sessions.

Except in the case of in flagrante delicto, deputies and senators cannot, while the time sessions are held, be pursued except with the authorization of the Bureau of the National Assembly or the Bureau of the Senate.

Deputies and senators cannot, out of session, be arrested without the authorization of the Bureau of the National Assembly for deputies and the Bureau of the Senate for senators, except in the cases of in flagrante delicto, of proceedings already authorized, or of definitive condemnation.

Article 156

Deputies and senators are answerable to the Supreme Court conforming to the law governing the latter and that which bears on the code of the organization and of judicial competence.

Article 157

The mandate of deputy or senator is incompatible with all other functions of a public character. An organic law can exempt certain categories of local elected officials or State agents of a regime incompatible with the mandate of deputy or senator.

Article 158

An organic law sets the system of indemnities and advantages of deputies and senators as well as the system of incompatibilities. It also specifies their specific system of social security.

Article 159

At the time of their entrance to office and their departure from it, members of the bureaux of the National Assembly and the Senate are obligated to make, on their honor, a written declaration proclaiming their goods and patrimony and addressed to the Supreme Court.

Article 160

A deputy or a senator appointed to the Government or to any public position incompatible with a parliamentary mandate but who accepts it, ceases immediately to sit in the National Assembly or the Senate and is replaced by his substitute.

The deputy or senator placed in the case outlined in the preceding paragraph regains his duties as soon as the incompatibility disappears and for as long as the term to which he was elected is underway.

Article 161

The mandate of the senator and the deputy ends by death, resignation, permanent incapacity, and unjustified absence for more than a quarter of sittings during a session or when the deputy or senator falls into a loss of rights as specified by an organic law.

Article 162

Except in the case of an act of God duly noted by the Constitutional Court, deliberations of the National Assembly or the Senate are only valid if they occur in the ordinary place of their sessions.

Sittings of the National Assembly and of the Senate are public. However, the National Assembly and the Senate can meet in a closed hearing in case of need.

The summary of debates of the National Assembly and of the Senate is published in a parliamentary journal.

Article 163

The Parliament votes on laws and controls the action of the Government.

Article 164

The following is the domain of the law:

1. Fundamental guarantees and obligations of the citizen:
   • Safeguard individual liberty;
     
     Protection of public freedoms;

     Constraints imposed in the interest of the national defense and public security, to citizens and their persons and property;

     Regime of the protection of morality and culture.

2. The statute of persons and property:
   • Nationality, state, and ability of persons;
     
     Matrimonial systems, inheritance and gifts;

     System of property, real rights, and civil and commercial obligations.

3. The political, administrative, judicial, and diplomatic organization:
   • General organization of the administration;
     
     Diplomatic and consular organization;

     Territorial organization, creation and modification of administrative constituencies as well as electoral boundaries;

     Electoral system;

     General organization of national orders, decorations, and honorific titles;

     General rules of organization for the national defense;

     General rules of organization for the national police;

     Status defense and security corps personnel;

     Status of National Intelligence Service personnel;

     Status of Parliament personnel;

     General principles of civil service;

     State of exception;

     Organic framework for the creation and suppression of establishments and autonomous public services;

     Organization of jurisdictions of all orders and procedure followed before these jurisdictions, creation of new orders of jurisdiction; determination of statutes of the magistracy, ministerial offices, and auxiliaries of justice;

     Determination of the crimes and misdemeanors in addition to the corresponding penalties;

     Organization of the Bar and of the Notaries;

     Organization of alternative modes of settling disputes;

     Penitentiary system;

     Amnesty.

4. The protection of the environment and the conservation of natural resources;
5. Financial and wealth-related matters:
   • System of currency issue;
     
     State budget;

     Definition of the base and of the rate of taxes and duties;

     System of control and inspection of public finances;

     Estrangement and management of the domain of the State;

6. The nationalization and denationalization of firms and the transfer of a firm’s property from the public to private sector;
7. The system of education and scientific research;
8. The system of sustainable development;
9. The legislation of work, social security, and union rights, including the right to strike.

Article 165

Matters other than these in the domain of law are of a regulatory nature.

Legislative texts intervening in these matters can be modified by presidential decree after the opinion of the Constitutional Court.

Article 166

Texts of a regulatory nature intervening in matters arising from the domain of law can be modified by legislative means, after the opinion of the Constitutional Court.

Article 167

The law of finances determines, for each year, the resources and expenses of the State.

Article 168

The two chambers of Parliament assemble in congress to:

1. Receive a message of the President of the Republic;
2. Accuse the President of the Republic in the case of high treason in a resolution made by two-thirds of the members of the National Assembly and of the Senate;
3. Reexamine finance bills, conforming to Article 182;
4. Evaluate every six months the application of the Governmental program;
5. Receive the oath of the Ombudsman;
6. Receive the oaths of members of the CENI;
7. Receive the oaths of members of Government;
8. Debate and trade on all matters of national interest.

The Bureau of Parliament assembled in congress is composed of the Bureaux of the National Assembly and of the Senate. The presidency and vice presidency of the sessions is entrusted to the President of the National Assembly and the President of the Senate.

The internal regulation of the National Assembly is that which applies to the deliberations of Congress.

2. OF THE NATIONAL ASSEMBLY

Article 169

The National Assembly is composed of at least 100 deputies in rates of 60% Hutu and 40% Tutsi, of which a minimum of 30% must be women, elected by direct universal suffrage for a term of 5 years and 3 deputies issuing from the Twa ethnicity co-opted according to the electoral code.

In the case that the results of an election do not reflect the percentages outlined above, it proceeds to the rectification of corresponding imbalances by means of cooptation provided for in the Electoral Code.

The number of candidates who can be elected by circumscription is set by electoral law proportional to the population.

Article 170

The candidate to legislative elections must be of Burundian nationality and origin, be at least 25 years old, and enjoy all their civil and political rights.

The candidate to legislative elections must not have been convicted of a crime or misdemeanor of common law to a penalty determined by electoral law.

The electoral law also provides for the period of time after which a person condemned in the manner of the preceding paragraph can regain eligibility after the execution of their penalty.

Article 171

The candidates to the legislative elections can be presented by political parties or can be present themselves as independents as is defined by Article 99 of the present Constitution.

Article 172

The Independent National Electoral Commission verifies the admissibility of signatures.

Article 173

The elections of deputies occur following the ballot of bloc lists by proportional representation. These lists must have a multiethnic character and take into account the balance between men and women. For three candidates registered on a list, only two can belong to the same ethnic group, and at least one of three must be a woman.

Article 174

The candidates presented by political parties cannot be considered elected and cannot sit in the National Assembly unless, at the national level, their party has totaled the greater number of votes or equal to 2% of the total votes cast.

Independent candidates cannot be considered elected and cannot sit in the National Assembly unless they obtained at least 40% of votes cast in the circumscription where they registered.

Article 175

From the first session, the National Assembly adopts its internal regulations which determine its organization and operations. It also establishes its Bureau. The first session assembles in its full rights the first business day following the seventh day of the end of the current legislature and after the validation of its election by the Constitutional Court. This session is presided over by the oldest deputy.

Article 176

The Bureau of the National Assembly is composed of a President and Vice Presidents.

The President and other members of the Bureau of the National Assembly are elected for the entire term of office. Nevertheless, they can be dismissed from these positions following conditions set by the interior regulations of the National Assembly.

The President of the National Assembly must solely enjoy Burundi nationality and Burundi origin.

Article 177

Parliamentary groups can be formed within the Assembly. The interior regulations of the National Assembly set the terms and conditions of the organization and its operations.

Article 178

Parties or independents which claim to adhere to the opposition in the National Assembly participate of right in all parliamentary commissions, whether they are specialized or investigative commissions.

A political party providing a member of Government cannot claim that it is part of the opposition.

Article 179

The National Assembly convenes each year in three ordinary sessions, each lasting three months. The first session commences on the first business day in August, the second on the first business day in December, and the third on the first business day in April.

Extraordinary sessions, not surpassing a duration of 15 days, can be convoked at the request of the President of the Republic or by the demand of the absolute majority of members in the National Assembly, in a defined order of business.

Extraordinary sessions are opened and closed by decree of the President of the Republic.

Article 180

The National Assembly can only deliberate validly if two-thirds of the deputies are present. Laws are voted in by an absolute majority of deputies, present or represented.

Organic laws are voted in by a majority of three-fifths of present or represented deputies, without this majority being inferior to the absolute majority of members of the National Assembly.

The majority of three-fifths of deputies present or represented is also required to vote for resolutions, decisions, and important recommendations.

Article 181

The National Assembly is referred to matters of finance bills from the beginning of the April session.

Article 182

The National Assembly votes the general budget of the State.

The budgetary year begins on the first of July and ends on June 30 of the following year.

If the National Assembly has not reached a decision by June 30, the budget of the preceding year is resumed by provisional twelfths.

By the request of the President of the Republic, the Parliament assembles in congress in a period of 15 days to reexamine finance bills.

If the Parliament does not vote in the budget at the end of this session, the budget is established definitively by law-decree made by the Council of Ministers.

Article 183

A Court of Accounts is established and tasked with examining, judging, and certifying the expenses of all public services. It assists Parliament in the control of executing finance laws.

The Court of Accounts presents to Parliament a report on the regularity of the general accounts of the State and confirms if the funds have been dispensed according to the procedures established and the budget approved by Parliament. It gives a copy of the aforementioned report to the Government.

The Court of Accounts is provided with the resources necessary to exercise its duties.

The law determines its missions, organization, jurisdiction, and operation, and the procedure which came before it.

3. OF THE SENATE

Article 184

A candidate to Senator elections must be of Burundian nationality, be aged at least 35 years old at the time of the election, and enjoy all their civil and political rights.

The candidate to the senatorial elections must not have been convicted for a crime or misdemeanor of common law to a penalty determined by the electoral law.

The electoral law provides equally for the time period after which a person condemned in the sense of the preceding paragraph may recover their eligibility from the execution of the sentence.

Article 185

The Senate is composed of:

1. Two delegates from each province, elected by an electoral college composed of members of the communal councils of the considered province, of different ethnic communities and elected by separate ballots;
2. Three people of the Twa ethnicity;

A minimum rate of 30% women is guaranteed. Electoral law determines practical ways and means, with cooptation in due case.

Article 186

The Independent National Electoral Commission verifies the admissibility of candidacies. These candidacies come from political parties or independents.

Article 187

From the first session, the Senate adopts the internal regulations which determines its organization and its operations. It also elects its Bureau.

The first session assembles in its full right the first business day following the seventh day of the end of the ongoing congress and after the validation of its election by the Constitutional Court.

This session is presided over by the oldest senator.

Article 188

The Bureau is composed of a President and Vice Presidents.

The President of the Senate must uniquely enjoy Burundian nationality from birth.

Article 189

The formation of parliamentary groups is forbidden within the Senate.

Article 190

The Senate assembles every year in three ordinary sessions each lasting three months and at the same time as the National Assembly.

Extraordinary sessions not surpassing a duration of 15 days can be convoked at the demand of the President of the Republic or by the demand of an absolute majority of members in the Senate, on a determined order of business.

Extraordinary sessions are opened and closed by decree of the President of the Republic.

Article 191

The Senate can only deliberate validly if two-thirds of the deputies are present. Decisions are made by an absolute majority of senators, present or represented.

Organic laws are voted in by a majority of three-fifths of present or represented senators, without this majority being inferior to the absolute majority of members of the Senate.

Article 192

The Senate is endowed with the following jurisdictions:

1. Approve amendments to the Constitution and to organic laws, including laws governing the electoral process;
2. Be referred to the Ombudsman’s report on any aspect of public administration;
3. Approve texts of laws concerning the demarcation, attributions, and powers of territorial entities;
4. Direct investigations in the public administration and, if necessary, make recommendations to assure that no region or population is excluded from the benefits of public services;
5. Control the application of constitutional provisions demanding ethnic and gender representation and balance in all structures and institutions of the State, notably the public administration and the defense and security corps;
6. Advise the President of the Republic and the President of the National Assembly on all matters, especially of legislative content;
7. Formulate observations or propose amendments concerning legislation adopted by the National Assembly;
8. Draft and file bills for review by the National Assembly;
9. Approve nominations solely for the following duties:
   • The Heads of the Defense and Security Corps;
     
     The Governors of a province;

     The ambassadors;

     The ombudsman;

     The members of the Superior Council of the Magistrature;

     The President of the Supreme Court and members of the Supreme Court;

     The President of the Constitutional Court and members of the Constitutional Court;

     The General Prosecutor of the Republic and the Magistrates of the General Office of Prosecution of the Republic;

     The President of the Anti-corruption Court and the members of this Court;

     The General Prosecutor before the Anti-corruption Court and the Magistrates of the General Office of Prosecution before this Court;

     The President of the Appeals Court and the President of the Administrative Court;

     The General Prosecutor before the Appeals Court;

     The Presidents of the Tribunal of the High Court, of the Tribunal of Commerce and of the Tribunal of Labor, and all those responsible in the other jurisdictions having an equal or superior rank and their members in addition to prosecutors and their substitutes before these jurisdictions on the basis of their rank;

     The Prosecutors of the Republic;

     The members of the Independent National Election Commission.

4. OF THE PROCEDURE OF THE ADOPTION OF LAWS

Article 193

Bills and propositions left simultaneously at the offices of the National Assembly and the Senate.

Every bill and every proposition specifies if it concerns a matter within the jurisdiction of the Senate conforming to Article 192.

Texts addressed in the preceding paragraph are registered of office in the order of business of the Senate.

Other texts are examined following the procedure prescribed by Articles 195 and 196 below.

In case of doubt of or dispute about the admissibility of a text, the President of the Republic, the President of the National Assembly, or the President of the Senate refers the text to the Supreme Court, who then decides.

Article 194

In matters other than those addressed in Article 193, the text is first adopted in the first reading by the National Assembly. It is also transmitted to the Senate by the President of the National Assembly.

At the demand of its bureau or of at least one-third of its members, the Senate examines the text of a bill. This demand is formulated within seven days of the reception of the bill.

In a time period that may not exceed ten days from the demand, the Senate may either decide that there is no need to amend the bill or proposition, or it can adopt the bill or proposition after having amended it.

If the Senate has not decided within the allotted time period or if it has informed the National Assembly of its decision to not amend the text, the President of the National Assembly transmits it within forty-eight hours to the President of the Republic for enactment.

If the bill was amended, the Senate transmits it to the National Assembly which makes a decision to either adopt, reject wholly or reject in part the amendments adopted by the Senate.

Article 195

If, on the occasion of the examination addressed in the last paragraph of Article 194, the National Assembly adopts a new amendment, the bill of law is returned to the Senate which makes a decision on the amended bill.

Within a time period not exceeding five days from the date of the return, the Senate can either decide to accept the bill amended by the National Assembly, or to adopt the bill after having amended it again.

If the Senate has not decided within the allotted time period or if it has informed the National Assembly of its decision to accept the bill voted by the National Assembly, the latter sends it within 48 hours to the President of the Republic for enactment.

If the bill has been newly amended, the Senate sends it to the National Assembly which decides definitively, either adopting or amending the bill.

Article 196

In the matters referred to in Article 192, 1 and 3, the text adopted by the National Assembly is sent for adoption to the Senate by the President of the National Assembly.

The Senate adopts the bill, within a time period that cannot exceed thirty days, either without amendment, or after having amended it.

If the Senate adopts the bill without amendment, the President of the Senate returns the adopted text to the President of the National Assembly who transmits it within forty-eight hours to the President of the Republic for promulgation.

If the Senate adopts the bill after having amended it, the President of the Senate sends it to the National Assembly for a new examination.

If the amendments proposed by the Senate are accepted by the National Assembly, the President of the National Assembly sends, within 48 hours, the definitive text to the President of the Republic for enactment.

When, following a disagreement between the two Chambers, a bill or proposition could not be adopted, the President of the National Assembly and the President of the Senate create a mixed paritary commission tasked with proposing a common text based on all or part of the text remaining in discussion, within 15 business days.

The text drafted by the mixed paritary commission is submitted for approval to the two Chambers. No amendment is admissible. Each of the two Chambers approves it separately.

If the mixed commission does not reach the adoption of a common text, or if this text is not adopted by one or the other Chamber, the President of the Republic may either demand of the National Assembly to definitively decide or declare the bill or proposal lapsed.

The National Assembly adopts this text with a two-thirds majority.