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P 311650Z AUG 09
FM AMEMBASSY BUJUMBURA
TO SECSTATE WASHDC PRIORITY 1695
INFO AMEMBASSY DAR ES SALAAM 
AMEMBASSY KAMPALA 
AMEMBASSY KIGALI 
AMEMBASSY KINSHASA 
AMEMBASSY NAIROBI 
AMEMBASSY PARIS 
AMEMBASSY PRETORIA 
USMISSION USUN NEW YORK

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