SAGA OF BURUNDI'S ELECTORAL CODE CONTINUES

C O N F I D E N T I A L BUJUMBURA 000446


NAIROBI FOR SLUTZ
PARIS FOR AFRICA WATCHER

E.O. 12958: DECL: 08/31/2019
TAGS: KDEM PGOV BY
SUBJECT: SAGA OF BURUNDI'S ELECTORAL CODE CONTINUES

REF: A. BUJUMBURA 393

B. BUJUMBURA 444


Classified By: CHARGE D'AFFAIRES CHARLES H. TWINING FOR
REASON 1.4 (B,D)


1. (C) Summary. Burundi's draft Electoral Code has been the
subject of difficult negotiations, which have received a push
from the UN and diplomatic community. Both houses of
Parliament begin a special session September 1, during which
time there are hopes that remaining controversies over the
Code's provisions can be resolved. End Summary.


2. (C) Post has reported on the back and forth efforts to
establish an Electoral Code which will not favor any one
party but which enjoys the broadest support among all
political parties possible. When we last wrote (ref A),
President Nkurunziza of the ruling CNDD-FDD party and First
Vice President Dr. Yves Sahinguvu of the Uprona party were
negotiating a text which would be generally acceptable to
all. They were successful and, except for one or two details
which were expected to be worked out in the legislative
bodies, their draft earned the praise of the majority of the
political spectrum.


3. (C) By August 28 it was clear that the satisfactory
conclusion was not to be. A committee in the National
Assembly returned the text to the earlier, less acceptable
version adopted by the Council of Ministers (e.g., multiple
ballots, Presidential election first) and increased filing
fees to a level other party leaders told us would virtually
exclude them from running. Only the richest party -- the
CNDD-FDD -- would be able to pay them, they suggested. As
the First Vice President confided to us the following day,
the text he and the President had hammered out was "hijacked
by the extremists." He said he had met with Senate President
Gervais Rufyikiri for almost two hours earlier in the day to
tell him he must "do something" to resolve the mess.


4. (C) UN Representative Youssef Mahmoud of BINUB convened a
meeting with the major party chiefs late August 29 to appeal
to them to work toward a consensus document that would enjoy
broad-based support. With diplomats present to demonstrate
support, he read to them a demarche of concern from South
Africa, Tanzania, the U.S., the EU (represented by Belgium),
and the UN (demarche transmitted in ref B.) We avoided
mentioning specific provisions of the Code. Reactions from
the parties were predictable, with the CNDD, Uprona, and a
particularly angry Frodebu President lashing out at the state
of things, and hardline CNDD-FDD Secretary General Gelase
Ndabirabe telling the envoys across the table that foreigners
do not know everything about Burundi, and Burundians would
work it out. He also attacked the staffing of CENI (the
CNDD-FDD has been alleging that it is manned by personnel
from the other parties and insisting on receiving key posts)
and said that the CENI must work with the Minister of
Interior. This elicited counterattacks by others that CENI
is independent, and they want to keep it that way. Mahmoud
again appealed to all to cooperate on a text.


5. (C) Both houses of the legislature ended their sessions
August 31 without further movement on the Code, though we are
told by several sources that negotiations are underway.
Conversations have occurred among all the high level players,
and Sahinguvu told Mahmoud that our statement was helpful in
breaking through the deadlock. We and other diplomats have
received similar reactions from officials of various parties.
At the Senate's closing ceremony August 31, President
Rufyikiri said that no party can impose its viewpoint and
called for party leaders to enter into a spirit of dialogue
and compromise. The National Assembly and Senate will both
go into special session for ten days beginning September 1,
and a two day retreat hosted by the Inter-Parliamentary Union
is also expected to provide opportunities for useful
discussions. Both legislative chambers are aiming to finish
adopting the national budget and the Electoral Code by the
special session's end. A number of players are expressing
optimism that differences on the Code will be worked out
satisfactorily, though we have heard that before.


6. (C) CENI President Pierre Claver Ndayicariye has told us
of his concern that the CNDD-FDD may well play hardball
regarding the filling of CENI staff positions which, if he
caves, will almost certainly mean a less than independent
Electoral Commission. Chiefs of Mission meeting at BINUB
late August 31 agreed that we must all continue to work to
support CENI independence.


7. (C) Comment. One of the most important contributions to
our August 29 meeting with the parties came from South
African Ambassador Mdu Lembede. He asked the political
leaders to "do the right thing" and not let the process fail
or the CENI to be destroyed. It was a good message at the
right time from the envoy of the country which has done so
much to make the peace process a reality.


Twining