L'égibilité de l'actuel Président de la République du Burundi aux élections présidentielles de 2015: une analyse juridique

Abstract

Presidential elections are likely to be held in Burundi in July 2015. Like in several other African countries, a debate has arisen around the eligibility of the incumbent president at the next presidential elections. This paper offers a legal analysis of the constitutionality of a possible candidacy of President Nkurunziza in 2015. A twofold perspective is adopted. On the one hand, attention is paid to the presidential term limit laid down in the Constitution (including to the provision possibly allowing for a third term). On the other, an analysis is made of the impact of (currently applicable and draft) transitional justice legislation on the possible candidacy of President Nkurunziza. The paper reveals the major impact of the legal (in particular constitutional) status of the Arusha Peace and Reconciliation Agreement of August 2000. It also highlights the crucial role of the Constitutional Court in clarifying several of the unanswered issues highlighted throughout the paper. More generally, the case-study addressed in this paper shows the complexity of the important linkages between post-conflict elections, peace accords, power-sharing and transitional justice.