Constitution

Burundi 2005 Constitution

Table of Contents

TITLE XI. OF THE LOCAL COLLECTIVITIES

Article 262

An organic law creates the commune as well as other local collectivities of the Republic.

The law determines the fundamental principles of their status, of their organization, of their competences, of their resources as well as the conditions in which these local collectivities are administrated.

Article 263

The commune is a decentralized administrative entity. It is subdivided into entities specified by an organic law.

Article 264

The commune is administrated by the Communal Council and by the Communal Administrator.

Article 265

The elections at the communal level are held in accordance with the procedures indicated hereafter:

  1. The elections at the communal level are administered by the Councils of the local collectivity of five members elected by universal direct suffrage. The councilor who has obtained the highest number of votes becomes the Head of the local collectivity. The candidates must present themselves as independents;
  2. The communes are administrated by the Communal Councils which are elected by universal direct suffrage.

Article 266

The Independent National Electoral Commission sees to it that the Communal Councils reflect in a general manner the ethnic diversity of their electorate. In a case where the composition of a Communal Council would not reflect this ethnic diversity, the Independent National Electoral Commission may order the cooptation to the council of persons originating from an ethnic group underrepresented, provided that the persons thus coopted do not constitute more than one-fifth of the members of the Council. The persons to be coopted are designated by the Independent National Electoral Commission.

For the first elections, every Communal Council elects within it a Communal administrator and may remove him from his functions for a valid reason, such as corruption, incompetence, grave fault or diversion of funds. For the following elections, the National Assembly and the Senate may, after evaluation, legislate that the Administrator should be elected by universal direct suffrage.

None of the principal ethnic components may be represented by more than 67% of the Communal Administrators at the national level. The Independent National Electoral Commission assures the respect for this principle.

Article 267

The State sees to the harmonious and balanced development of all the communes of the country on the base of the national solidarity.