Loi du 21 novembre 2003 portant amendement à la Constitution de Transition du 28 octobre 2001
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BurundiRegion
Africa (excl MENA)Agreement name
Loi du 21 novembre 2003 portant amendement à la Constitution de Transition du 28 octobre 2001Date
21 Nov 2003Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ( )Stage
Framework/substantive - comprehensiveConflict nature
GovernmentPeace process
Burundi: Arusha and related peace processParties
The law had been adopted burundian legislative institutions. It had been specifically past by Domitien NDAYIZEYE (the then President of Burundi) and seen and ratified by the seal of the republic, the Minister of Justice and Attorney general Fulgence DWIMA BAKANAThird parties
-Description
The agreement is law amending the 2003 transitional constitution. It mostly provides for modifications in the structure and power-sharing arrangements of the transitional legislative bodies.
Agreement document
Agreement document (original language)
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→RhetoricalPage 1, PROMULGATION, Article 1:
Article 103 is amended as follows:
The National Union Transition Government is composed of at least twenty-six members.
The fully representative National Union Transition Government is composed of the representatives of the political parties and armed political movements who are signatories of the ceasefire agreement, in order to promote cohesion and unity amongst the people of Burundi, taking into account the different ethnic and political groups in the country and in accordance with the Arusha Agreement for Peace and Reconciliation in Burundi.Groups→Racial/ethnic/national group→SubstantivePage 2, PROMULGATION, Article 3:
Article 134 is amended as follows:
...
The Office of the Transition National Assembly will include the President, two Vice-Presidents, a General Secretary and as many Deputy-General Secretaries as needed. It should be representative of the politico-ethnic distribution of the political groups participating in the Arusha Agreement for Peace and Reconciliation in Burundi. The President and the First Vice-President of the Transition National Assembly must come from two different political groups.
Page 2, PROMULGATION, Article 4:
Article 141 is amended as follows:
The Transition Senate is appointed by the President of the Republic, the Vice-President of the Republic and the Office of the Transition National Assembly, with due regard to the distribution of political, ethnic and religious groups.
It consists of:
...
2. Three persons of Twa ethnicity
3. At least two citizens from each province, from different ethnic groups, co-opted to the Transition National Assembly, and outside it.
In all circumstances the Senate will be ethnically and politically representative. - Religious groupsGroups→Religious groups→RhetoricalPage 2, PROMULGATION, Article 4:
Article 141 is amended as follows:
The Transition Senate is appointed by the President of the Republic, the Vice-President of the Republic and the Office of the Transition National Assembly, with due regard to the distribution of political, ethnic and religious groups... - Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)Governance→Political institutions (new or reformed)→Temporary new institutionsPage 1, Article 1:
Article 103 is amended as follows:
The National Union Transition Government is composed of at least twenty-six members.
The fully representative National Union Transition Government is composed of the representatives of the political parties and armed political movements who are signatories of the ceasefire agreement, in order to promote cohesion and unity amongst the people of Burundi, taking into account the different ethnic and political groups in the country and in accordance with the Arusha Agreement for Peace and Reconciliation in Burundi.
Page 1-2, Article 2:
Article 133 is amended as follows:
Assuming the support of members of the Transition National Assembly for the Transition Senate in line with the provisions of article 141, the Transition National Assembly is made up as follows:
1. Members of the National Assembly elected on June 29, 1993. Any vacant seats will be occupied by a replacement member with a useful function.
2. Four members appointed by each of the participating parties, or parties and armed political movements who are signatories to a ceasefire agreement but do not have a seat by virtue of the 1993 elections, including those who already hold a seat.
However, the number of seats available to the parties and armed political movements who are signatories to the Ceasefire Agreements will be as specified in those agreements.
3. The 28 civilian representatives currently members of the National Assembly.
4. Those nominated members currently sitting in the National Assembly, outwith those elected in 1992.
5. However, the members or replacement members outside the National Assembly, are entitled to take back their seat for sixty days following the establishment of the Transition National Assembly. After this date they will be given priority as replacements.
6. The allocations resulting from the Arusha Agreement for Peace and Reconciliation in Burundi must be guaranteed by co-optation by the Office of the National Assembly, the President and the Vice-President of the Republic.
The National Assembly members co-opted to the Transition Senate will not be replaced.
Page 2, Article 3:
Article 134 is amended as follows:
The Internal Regulations of the Transition National Assembly are those of the National Assembly elected in 1993, until such time as they are duly amended.
The National Assembly will hold its first full session on the first working day following the seventh day after its inauguration. The agenda will include the election of the Office of the National Assembly.
The Office of the Transition National Assembly will include the President, two Vice-Presidents, a General Secretary and as many Deputy-General Secretaries as needed. It should be representative of the politico-ethnic distribution of the political groups participating in the Arusha Agreement for Peace and Reconciliation in Burundi. The President and the First Vice-President of the Transition National Assembly must come from two different political groups.
The President and the other members of the Office of the Transition National Assembly are elected until the legislative elections to be held during the transition period. However their duties during the transition period may cease, as determined by the internal regulations of the Transition National Assembly.
Page 2, Article 4:
Article 141 is amended as follows:
The Transition Senate is appointed by the President of the Republic, the Vice-President of the Republic and the Office of the Transition National Assembly, with due regard to the distribution of political, ethnic and religious groups.
It consists of:
1. The former Heads of State
2. Three persons of Twa ethnicity
3. At least two citizens from each province, from different ethnic groups, co-opted to the Transition National Assembly, and outside it.
In all circumstances the Senate will be ethnically and politically representative.
Page 3, Article 5
Article 143 is amended as follows:
The Office of the Transition Senate is made up of a President, two Vice-Presidents, a General Secretary and as many Deputy-General Secretaries as needed.
It must be ethnically representative. The President and the First Vice-President of the Transition Senate must not come from the same politico-ethnic family.
The members of the Office of the Transition Senate may only be replaced according to terms specified in the internal regulations of the Transition Senate. - Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reformGovernance→Political parties reform→Other political parties reformPage 1-2, Article 2:
Article 133 is amended as follows:
Assuming the support of members of the Transition National Assembly for the Transition Senate in line with the provisions of article 141, the Transition National Assembly is made up as follows:
1. Members of the National Assembly elected on June 29, 1993. Any vacant seats will be occupied by a replacement member with a useful function.
2. Four members appointed by each of the participating parties, or parties and armed political movements who are signatories to a ceasefire agreement but do not have a seat by virtue of the 1993 elections, including those who already hold a seat.
However, the number of seats available to the parties and armed political movements who are signatories to the Ceasefire Agreements will be as specified in those agreements.
...
4. Those nominated members currently sitting in the National Assembly, outwith those elected in 1992. - Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharingPower sharing→Political power sharing→Executive coalitionState levelPage 1, Article 1:
Article 103 is amended as follows:
The National Union Transition Government is composed of at least twenty-six members.
The fully representative National Union Transition Government is composed of the representatives of the political parties and armed political movements who are signatories of the ceasefire agreement, in order to promote cohesion and unity amongst the people of Burundi, taking into account the different ethnic and political groups in the country and in accordance with the Arusha Agreement for Peace and Reconciliation in Burundi.Power sharing→Political power sharing→Proportionality in legislatureState levelPage 1-2, Article 2:
Article 133 is amended as follows:
Assuming the support of members of the Transition National Assembly for the Transition Senate in line with the provisions of article 141, the Transition National Assembly is made up as follows:
...
2. Four members appointed by each of the participating parties, or parties and armed political movements who are signatories to a ceasefire agreement but do not have a seat by virtue of the 1993 elections, including those who already hold a seat.
However, the number of seats available to the parties and armed political movements who are signatories to the Ceasefire Agreements will be as specified in those agreements.
Page 2, Article 3:
Article 134 is amended as follows:
...
The Office of the Transition National Assembly will include the President, two Vice-Presidents, a General Secretary and as many Deputy-General Secretaries as needed. It should be representative of the politico-ethnic distribution of the political groups participating in the Arusha Agreement for Peace and Reconciliation in Burundi. The President and the First Vice-President of the Transition National Assembly must come from two different political groups.
Page 2, Article 4:
Article 141 is amended as follows:
The Transition Senate is appointed by the President of the Republic, the Vice-President of the Republic and the Office of the Transition National Assembly, with due regard to the distribution of political, ethnic and religious groups.
It consists of:
1. The former Heads of State
2. Three persons of Twa ethnicity
3. At least two citizens from each province, from different ethnic groups, co-opted to the Transition National Assembly, and outside it.
In all circumstances the Senate will be ethnically and politically representative. - Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL general
No specific mention.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courts
No specific mention.
- Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
No specific mention.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- CeasefireSecurity sector→Ceasefire→Ceasefire provisionPage 1, Article 1:
Article 103 is amended as follows:
The National Union Transition Government is composed of at least twenty-six members.
The fully representative National Union Transition Government is composed of the representatives of the political parties and armed political movements who are signatories of the ceasefire agreement, in order to promote cohesion and unity amongst the people of Burundi, taking into account the different ethnic and political groups in the country and in accordance with the Arusha Agreement for Peace and Reconciliation in Burundi.
Page 1-2, Article 2:
Article 133 is amended as follows:
Assuming the support of members of the Transition National Assembly for the Transition Senate in line with the provisions of article 141, the Transition National Assembly is made up as follows:
...
2. Four members appointed by each of the participating parties, or parties and armed political movements who are signatories to a ceasefire agreement but do not have a seat by virtue of the 1993 elections, including those who already hold a seat.
However, the number of seats available to the parties and armed political movements who are signatories to the Ceasefire Agreements will be as specified in those agreements. - Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 1, Article 1:
Article 103 is amended as follows:
The National Union Transition Government is composed of at least twenty-six members.
The fully representative National Union Transition Government is composed of the representatives of the political parties and armed political movements who are signatories of the ceasefire agreement, in order to promote cohesion and unity amongst the people of Burundi, taking into account the different ethnic and political groups in the country and in accordance with the Arusha Agreement for Peace and Reconciliation in Burundi.
Page 1-2, Article 2:
Article 133 is amended as follows:
Assuming the support of members of the Transition National Assembly for the Transition Senate in line with the provisions of article 141, the Transition National Assembly is made up as follows:
...
2. Four members appointed by each of the participating parties, or parties and armed political movements who are signatories to a ceasefire agreement but do not have a seat by virtue of the 1993 elections, including those who already hold a seat.
However, the number of seats available to the parties and armed political movements who are signatories to the Ceasefire Agreements will be as specified in those agreements. - Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- ReconciliationPage 1, Article 1:
Article 103 is amended as follows:
The National Union Transition Government is composed of at least twenty-six members.
The fully representative National Union Transition Government is composed of the representatives of the political parties and armed political movements who are signatories of the ceasefire agreement, in order to promote cohesion and unity amongst the people of Burundi, taking into account the different ethnic and political groups in the country and in accordance with the Arusha Agreement for Peace and Reconciliation in Burundi.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceInstitute of Development, Policy and Management, Burundi Resources: https://www.uantwerpen.be/
LAW No 1/024 OF NOVEMBER 21, 2003 AMENDING THE TRANSITION CONSTITUTION OF THE REPUBLIC OF BURUNDI
___________________
THE PRESIDENT OF THE REPUBLIC,
In light of the Arusha Agreement for Peace and Reconciliation in Burundi, signed on August 28, 2000;
In light of the Transition Constitution, in particular articles 103,133,134,141,143 and 255;
In light of law no 1/023 of November 21 on adoption of the Global Ceasefire Agreement;
PROMULGATION
Article 1
Article 103 is amended as follows:
The National Union Transition Government is composed of at least twenty-six members.
The widely representative National Union Transition Government is composed of the representatives of the political parties and armed political movements who are signatories of the ceasefire agreement, in order to promote cohesion and unity amongst the people of Burundi, taking into account the different ethnic and political groups in the country and in accordance with the Arusha Agreement for Peace and Reconciliation in Burundi.
Article 2
Article 133 is amended as follows:
Assuming the co-optation of members of the Transition National Assembly to the Transition Senate in accordance with the provisions of article 141, the Transition National Assembly is made up as follows:
Members of the National Assembly elected on June 29, 1993.
Any vacant seats will be occupied by a replacement member with a relevant function.
Four members appointed by each of the participating parties, or parties and armed political movements who are signatories to a ceasefire agreement but do not have a seat by virtue of the 1993 elections, including those who already hold a seat if such exist.
However, the number of seats available to the parties and armed political movements who are signatories to the Ceasefire Agreements will be as specified in those agreements.
The 28 civilian representatives currently members of the National Assembly.
Those nominated members currently sitting in the National Assembly, regardless of the election of members of the National Assembly elected in 1993.
However, the members or replacement members outside the National Assembly, are entitled to take back their seat within sixty days of the establishment of the Transition National Assembly.
After this date they will be given priority as replacements.
The allocations resulting from the Arusha Agreement for Peace and Reconciliation in Burundi must be guaranteed by co-optation by the Office of the National Assembly, the President and the Vice-President of the Republic.
The National Assembly members co-opted to the Transition Senate shall not be replaced.
Article 3
Article 134 is amended as follows:
The Internal Regulations of the Transition National Assembly are those of the National Assembly elected in 1993, until such time as they are duly amended.
The National Assembly will hold its first full session on the first working day following the seventh day after its inauguration.
The agenda will include the election of the Office of the National Assembly.
The Office of the Transition National Assembly shall include a President, two Vice-Presidents, a General Secretary and as many Deputy-General Secretaries as needed.
It should be representative of the politico-ethnic distribution of the political families participating in the Arusha Agreement for Peace and Reconciliation in Burundi.
The President and the First Vice-President of the Transition National Assembly must come from two different political families.
The President and the other members of the Office of the Transition National Assembly are elected until the legislative elections to be held during the transition period.
However their duties during the transition period may cease, as determined by the internal regulations of the Transition National Assembly.
Article 4
Article 141 is amended as follows:
The Transition Senate is appointed by the President of the Republic, the Vice-President of the Republic and the Office of the Transition National Assembly, with due regard to the distribution of political, ethnic and religious groups.
It consists of:
The former Heads of State;
Three persons of Twa ethnicity;
At least two citizens from each province, from different ethnic groups, co-opted to the Transition National Assembly, and outside it.
In all circumstances the Senate will be ethnically and politically representative.
Article 5
Article 143 is amended as follows:
The Office of the Transition Senate is made up of a President, two Vice-Presidents, a General Secretary and as many Deputy-General Secretaries as needed.
It must be ethnically representative.
The President and the First Vice-President of the Transition Senate must not come from the same politico-ethnic family.
The members of the Office of the Transition Senate may only be replaced according to terms specified in the internal regulations of the Transition Senate.
Article 6
All regulations which pre-date this law are revoked.
Article 7
The present law enters in to force on the date of its promulgation.
Done at Bujumbura, November 21, 2003
Domitien NDAYIZE
SEEN AND RATIFIED BY THE SEAL OF THE REPUBLIC,
THE MINISTER OF JUSTICE AND ATTORNEY GENERAL
Fulgence DWIMA BAKANA