Executive Branch Reform: Arusha Peace and Reconciliation Agreement for Burundi
Implementations
Executive Branch Reform – 2003
Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the executive branch reform provision began.
The Arusha accord provided for the directly elected president except for the transitional president who would be indirectly elected. President now can serve two five years terms. Agreement also provided for two vice presidents approved separately in the assembly and the senate by a majority of their members. The accords provide one ministerial position to the party or coalition that secured more than one-twentieth of the vote. In Arusha accord, parties also agreed to establish an independent Ombudsperson to hear complaints and conduct inquiries relating to mismanagement and infringements of citizens’ rights committed by members of the public administration and the judiciary. The Ombudsperson was to be appointed by the National assembly with ¾ majority and is responsible to report to the assembly and senate annually.
On 1 November 2001, interim President Pierre Buyoya from Union from National Progress Party(UPRONA) was inaugurated for the initial 18 months of transitional period with Domitien Ndayizeye from Front for Democracy in Burundi (FRODEBU) as the vice president.1
On 30 April 2003, Domitien Ndayizeye became interim president (Tutsi).2
- “BURUNDI: New government inaugurated, dawn of a new era,” Irin News, accessed February 15, 2013, www.irinnews.org/report.asp?ReportID=12636; “Timeline Burundi,” Timelines of World History, accessed February 18, 2013, http://timelines.ws/countries/BURUNDI.HTML.
- Ibid.
Executive Branch Reform – 2004
No developments observed this year.
Executive Branch Reform – 2005
The interim presidency continued until the presidential elections on 19 August 2005. As specified in the accord, Burundi’s lawmakers choose Pierre Nkurunziza, a former Hutu rebel leader as Burundi’s new president for five years.1 It was an indirect elections. On 29 August 2005, Burundi’s parliament approved Dr. Martin Nduwimana, first vice-president and Mrs. Alice Nzomukunda, second vice-president with unanimous vote. The first vice president was responsible for political and administrative affairs and the second vice president was in charge of social and economic affairs.2 On 30 August 2005, a 20-member cabinet including seven women cabinet members was formed. In the new cabinet, 60% were Hutu and 40% were Tutsi.3
As of 2005, the legislature did not pass the law for the office of the Ombudsme.4
- “Timeline Burundi.”
- “Burundi parliament approves two vice-presidents,” BBC Monitoring Africa, August 19, 2005.
- “Burundi president forms government,” Agence France Presse, August 30, 2005.
- “Burundi president marks second anniversary in power with address; overview,” BBC Monitoring Africa, August 27, 2007.
Executive Branch Reform – 2006
The reforms to the executive branch of the government called for the direct election of the president and the creation of an ombudsmen. Both of these developments have yet to take place.
Executive Branch Reform – 2007
No developments observed this year.
Executive Branch Reform – 2008
No developments observed this year.
Executive Branch Reform – 2009
On 11 November 2009, the senate of Burundi approved a bill on the creation, structure and duties of an ombudsman office.1 The ombudsman, however, was not appointed in 2009.
Executive Branch Reform – 2010
On 25 January 2010, the Office of the Ombudsman was created and the parliament elected Mohamed Rukara, a CNDD-FDD member as the first ombudsman. For his affiliation with political party, there was concern of him being independent and neutral as envisaged in the Arusha agreement and the constitution.1
As agreed in the Arusha accord, the presidential elections took place on 28 June 2010 in which Pierre Nkurunziza, a CNDD-FDD candidate received more than 91% of votes in the direct election.2 On 26 August, the reelected president was sworn in for his second term. A new cabinet was announced on 31 August in which 14 out of the 21 ministers were associated with the ruling party. In new cabinet 9 members were women. Because the constitution does not require political affiliation for 40% share of Tutsi in the cabinet, the new cabinet meets the constitutional requirement of 60% Hutu and 40% Tutsi power-sharing provisions.3
- “2010 Human Rights Report: Burundi,” United States State Department, accessed February 18, 2010, http://www.state.gov/j/drl/rls/hrrpt/2010/af/154334.htm.
- “Elections in Burundi,” African Elections Database, acccessed February 18, 2013, http://africanelections.tripod.com/bi.html#2010_Presidential_Election.
- “Re-Elected President Names New Cabinet Team in Burundi,” Global Insight, August 31, 2010.
Executive Branch Reform – 2011
With the direct election of president in 2010, the executive branch reforms were complete.
Executive Branch Reform – 2012
No further developments observed.