Identifier
Created
Classification
Origin
09BUJUMBURA339
2009-07-17 12:39:00
CONFIDENTIAL
Embassy Bujumbura
Cable title:  

MINISTER OF INTERIOR PLAYS WITH ELECTORAL CODE

Tags:  PGOV PHUM BY 
pdf how-to read a cable
P 171239Z JUL 09
FM AMEMBASSY BUJUMBURA
TO SECSTATE WASHDC PRIORITY 1601
INFO RWANDA COLLECTIVE PRIORITY
AMEMBASSY LONDON PRIORITY 
AMEMBASSY PARIS PRIORITY 
USMISSION USUN NEW YORK PRIORITY
C O N F I D E N T I A L BUJUMBURA 000339 


LONDON, PARIS, PLEASE PASS TO AF WATCHERS
DEPT PLEASE PASS TO USAID BRIAN STOUT AND JULIE CICCARONE

E.O. 12958: DECL: 07/16/2019
TAGS: PGOV PHUM BY
SUBJECT: MINISTER OF INTERIOR PLAYS WITH ELECTORAL CODE

REF: A. BUJUMBURA 235

B. BUJUMBURA 83

C. 08 BUJUMBURA 675

D. BUJUMBURA 252

Classified By: CDA JoAnne Wagner for reasons 1.4 (b) and (d).

C O N F I D E N T I A L BUJUMBURA 000339


LONDON, PARIS, PLEASE PASS TO AF WATCHERS
DEPT PLEASE PASS TO USAID BRIAN STOUT AND JULIE CICCARONE

E.O. 12958: DECL: 07/16/2019
TAGS: PGOV PHUM BY
SUBJECT: MINISTER OF INTERIOR PLAYS WITH ELECTORAL CODE

REF: A. BUJUMBURA 235

B. BUJUMBURA 83

C. 08 BUJUMBURA 675

D. BUJUMBURA 252

Classified By: CDA JoAnne Wagner for reasons 1.4 (b) and (d).


1. (C) SUMMARY: On July 9, Minister of the Interior Eduard
Nduwimana, believed to be "President Nkurunziza's man," set
off a political firestorm by presenting to the Council of
Ministers a different draft Electoral Code than the consensus
version prepared during a June round-table of political
parties, civil society and government representatives.
Nduwimana's draft reflects only the ruling party CNDD-FDD's
preferences, which are the reverse of many consensus version
proposals. Nduwimana's version includes beginning the 2010
elections at the presidential instead of local level and
using multiple ballots instead of a single ballot. Five
Council members from the FRODEBU party walked out as
Nduwimana produced the GoB draft, and subsequently joined
eight other political parties in publicly decrying
Nduwimana's move. Arguing that the GoB version favors the
ruling party and leaves voters open to intimidation, they
called for the consensus draft code to be put before the
National Assembly for adoption rather than the ruling party's
version. Nevertheless, on July 15, GoB spokesperson Philippe
Nzobonariba said the government will submit its version to
Parliament. The international community has expressed its
concern and regret at this turn of events and has encouraged
the GoB to reconsider. END SUMMARY.


2. (U) From June 3-4, representatives of political parties,
the GoB and civil society participated in a USAID and
EU-sponsored workshop which produced a consensus draft of
proposed amendments to the electoral code. The group then
presented its draft code to Minister of the Interior
Nduwimana, who was installed as Minister just this past
January, reportedly because the previous Minister no longer
faithfully followed President Nkurunziza's wishes. In a July
9 move opposition and civil society leaders termed
"disappointing," but also "reflecting the CNDD-FDD's usual
tricks," Minister Nduwimana surprised the Council of
Ministers with a new Electoral Code draft which reversed
several of the June workshop agreements. The consensus draft

Electoral Code included:

-- holding communal elections first, followed by provincial
and then presidential elections, and

-- mandatory use of a single ballot listing all candidates.

Minister Nduwimana's proposal has the electoral process
beginning with presidential elections and calls for multiple
ballots - one for each candidate.


3. (C) The vast majority of the opposition favors a single
ballot, saying that multiple ballots leave voters vulnerable
to intimidation and bribery. In the 2005 elections a
separate color-coded ballot was used for each candidate,
which the CNDD-FDD claimed helped illiterate voters select
their preferred candidates. In those elections, CNDD-FDD
local leaders pressed voters to return their unused ballots,
thus revealing their votes. In his July 15 meeting with the
Charge, former Burundian president and FRODEBU party 2010
presidential candidate Domitien Ndayizeye explained that
Burundi needs a single ballot listing all the candidates'
names instead of the separate ballot for each candidate
allowed by the existing Electoral Code and preferred by the
CNDD-FDD (ref A).


4. (C) Opposition party leaders have often predicted that the
CNDD-FDD would push for presidential elections first, saying
that President Nkurunziza is more popular than his party and
CNDD-FDD candidates in subsequent local elections would gain
momentum from Nkurunziza's popularity. CNDD party president
Leonard Nyangoma and FRODEBU spokesperson Pancrase Cimpaye
informed Embassy officials on July 16 that the GoB's proposed
Electoral Code amendments, in addition to violating the
spirit of the consensus-building project, also violate
Burundi's constitution. Though the constitution does not
specify the order in which elections must occur, it does
specify term limits for the president, parliament, and local
elected officials. According to Minister Nduwimana's draft,
the presidential election will take place on July 26, 2010
with parliamentary and local elections to follow. The terms
of communal administrators end on June 3, 2010, however,
which would create a vacuum not addressed in the Constitution.


5. (C) Opposition party leaders have asked the international
community to weigh in with the GoB and encourage it to put
the consensus draft to the parliament. Some political party
representatives, including FRODEBU General Secretary Frederic
Bamvuginyumvira, said to EmbOff July 16 that everything
should be done to prevent the government's draft from going
before parliament because, he asserted, it will cause
political deadlock. Other opposition party interlocutors
have stated that they are not particularly concerned whether
the GoB version goes before Parliament because they doubt the
Senate, which has final authority over laws governing
electoral processes, will approve the contested version.
Nevertheless, they requested the international community
press the GoB now to change course, saying that time lost in
a parliamentary process could harm chances for a free and
fair 2010 election.


6. (C) COMMENT: While it is true that the Senate has shown
itself willing to push back against President Nkurunziza's
agenda (witness its rejection of the first National
Independent Electoral Commission (CENI) slate (ref B) and the
law criminalizing homosexual acts in the penal code (ref C)),
it may be more useful to prevent Nduwimana's draft from
reaching the Senate in the first place. Many members of the
international community, including Post, have expressed
regret at the GoB's decision to press forward with its own
draft and urged it to reconsider. The move to promote
multiple ballots is most troublesome, given the history of
accompanying intimidation in 2005. More concerted pressure,
however, may be necessary. Local political experts and
opposition party representatives have informed Post that
Nkurunziza's susceptibility to international pressure should
not be underestimated. END COMMENT.

Wagner