ANALYSIS REPORT OF THE STANDING COMMITTEE RESPONSIBLE FOR POLITICAL, DIPLOMATIC, DEFENSE AND SECURITY ISSUES OF BILLS NO. 1/… OF …/… 2022 AMENDING LAW NO. OF BURUNDI NATIONAL DEFENSE FORCE

On October 18, 2022, senators members of the Standing Committee in charge of political, diplomatic, defense and security issues met to analyze the bill whose purpose is listed above.

The session was marked by the presence of the Minister of National Defense and Veterans Affairs who had represented the Government to enlighten senators members of the Committee responsible for analyzing this bill, on the innovations made in relation to the law in force.

During the analysis of the bill, the documents below were used:

• the Constitution of the Republic of Burundi;

• organic law no. 1/21 of 27 June 2022 amending the organic law No. 1/04 of February 20, 2017 on the missions, organization, composition, instruction, conditions of service and functioning of the National Defense Force of Burundi;

• Law No. 1/011 of November 23, 2002 on the reorganization of pension and occupational risk schemes;

• Law No. 1/28 of 23 August 2006 on the general status of civil servants;

• Law No. 1/15 of 29 June 2012 on the general organization of national orders, decorations and honorary titles;

• Law No. 1/11 of November 24, 2020 revising Decree-Law No. 1/037 of July 7, 1993 revising the Labor Code of Burundi;

• Law No. 1/21 of December 31, 2010 amending Law No. 1/15 of April 29, 2006 on the status of officers of the National Defense Force of Burundi;

• the bill sent by the Government and its preamble;

• the bill as adopted by the National Assembly.

This report includes the following points:

1. introduction;

2. the interest of the bill;

3. the content of the bill;

4. the questions asked to the representative of the Government and the answers given;

5. proposed amendments;

6. the conclusion.

1. INTEREST OF THE BILL

The law governing the status of officers of the National Defense Force of Burundi in force dates from 2010. In 2022, the FDNB adopted organic law no. 1/21 of June 27, 2022 amending organic law no. 04 of February 20, 2017 on missions, organization, composition, instruction, conditions of service and functioning of the National Defense Force of Burundi. This organic law brought innovations having effects to the statute in force of the officers. Thus the new draft statute for officers modifies the statute in force to comply with this promulgated organic law.

I.CONTENT OF THE BILL

 The bill has 74 articles divided into ten chapters.

The first chapter has three articles dealing with general provisions.

The second chapter with two articles talks about the conditions of admission and appointment.

The third chapter is subdivided into two sections and has nineteen articles which relate to the rights, duties and incompatibilities of an officer of the FDN.

The fourth chapter has five articles that relate to notation.

The fifth chapter contains ten articles which relate to grade advancement.

The sixth chapter has 4 articles and talks about salaries, bonuses and allowances.

The seventh chapter has 13 articles that define an officer’s career.

The eighth chapter has four articles that cover the disciplinary regime.

The ninth chapter is subdivided into two sections and 9 articles and is related to the end of career and social protection.

The tenth chapter with 5 articles speaks of the particular and final provisions.

IV. QUESTIONS ASKED TO THE GOVERNMENT REPRESENTATIVE AND THE ANSWERS GIVEN.

Question 1

The Article 5, paragraph 1 of the Constitution provides that legislative texts must have their version in Kirundi.

Your Excellency the Minister, don’t you think that the bills on the statutes of the different categories of Burundi National Defense Force should also be written in these two languages ​​to comply with the Constitution and to allow all soldiers to understand the content?

Answer

The text as you suggested should be in both languages ​​as the Constitution stipulates. We had a time constraint. Otherwise, after amendment, the final version will be translated into 2 languages ​​by the national legislation service.

Question 2

The Article 23, point k) provides that it is particularly forbidden for the officer to contract a marriage, impregnate or fall pregnant before two (02) years of service in a unit including the probationary period.

Your Excellency the Minister,  

a. what are the reasons for this?

b. don’t you think it’s a deprivation of liberty and a violation of human rights?

Answer

The age range of an officer who has just completed ISCAM varies between 25 and 27 years old. After the training, he must do a one-year probationary period in a unit, where the officer in question must prove his abilities and skills in controlling and leading men in combat. They must also demonstrate their abilities in the preparation of their men by allowing them to develop both physical and moral aptitudes. To succeed in their mission, the young officers must provide close supervision to their men, which would not be easy for married officers given that the social commitments with which they would be confronted would not allow them to easily accomplish the tasks assigned to him.

• This is in no way a deprivation of liberty and a violation of human rights, rather it is a requirement of the profession of arms which they have voluntarily embraced and which, to prepare accordingly for combat to render the operational Burundi National Defense Force (BNDF), must have worked at least two (02) years in a unit including the internship period before contracting a marriage, or becoming pregnant.

Question 3

The Article 37 specifies that the seniority between officers of the same rank, appointed on the same date, is determined by the ranking established when the officer takes the oath.

Your Excellency Minister, could we know the classification criteria taken into account when taking the oath which determine this seniority?

Answer

The ranking criteria taken into account when taking the oath are the marks obtained for the military courses.

Question 4

In the draft statute for officers of BNDF, there is a great concern to harmonize the statutes of the corps of the BNDF and the Burundi National Police (BNP) in ​​terms of their content. But we know that these two Corps have missions that are not similar even though they are close. Likewise, the ranks are similar to the army and the police.

Your Excellency Minister,

a. what motivates this similarity?

b. will they be subject to the same training course if they are not already?

Answer

As you mentioned, these 2 Corps have different missions, a reason why there should not be any similarity.

The training takes into account the missions assigned to each Corps, in my humble opinion, the training in these 2 Corps should not follow the same course. As for the training course of an officer of BNDF, apart from the basic training, the officer benefits from specialty training according to the needs of the BNDF (gunner, engineer, pilot, etc.). They must also follow refresher courses allowing them to access the different levels of command.

Question 5

Article 46 specifies that an officer at the end of his career may be admitted to serve in the Reserve and Development Support Force for a period not exceeding 2 years if he so requests and if his request is accepted by the head of BNDF.

Mister Minister,  

Shouldn’t criteria to be taken into account other than those mentioned be established in order to avoid subjectivity and limit the flow to the FRAD and thus avoid a new financial burden on BNDF?

A retired officer for whom he is refused to join the FRAD, does he remain a reservist?

 Answer

Any officer at the end of his career will be admitted to the FRAD if he wishes so and through a duly accepted request.

As for the concern in relation to what you called the influx to the FRAD, it is more a question of the application of the organic law of BNDF in ​​its article 97 which stipulates that “At the request of the Interested and accepted by the C/BNDF, the soldier who completes his career extension referred to in the previous article, can serve in the FRAD for a period not exceeding two years. He serves under the status of reservist and receives a monthly salary equivalent to his last gross salary.

With regard to the concern about a new financial burden on BNDF, given its missions, that of providing civic support and support for the country’s development, the FRAD will need a large and qualified staff who will carry out major works as well as income-generating activities.

The remuneration of this staff will therefore remain planned in advance at the level of BNDF as if they were doing their 2-year career extension.

 A retired officer who is refused membership in the FRAD retains reserve status. Indeed, according to article 125 of the organic law, the reserve personnel is made up of citizens trained militarily for this purpose by the FDNB and former career soldiers for a maximum period of two years after the retirement age limit.  

Question 6

Article 47 provides that an officer, at ten years of retirement, may request early retirement either for personal convenience, or for premature wear and tear or any other reason accepted by the command.

Mister Minister, is an officer who leaves under these conditions entitled to a retirement pension?

Answer

He receives a retirement pension in accordance with the law and the regulations in force; in this case Law No. 1/12 of May 12, 2020 on the social protection code in Burundi.

Question 7

Article 48 grants officers with a physical or mental incapacity ascertained by a medical board a lifelong discharge allowance equivalent to their basic salary and a housing allowance and related family allowances.

Mister Minister, the crisis that the country has gone through has left a lot of cases of physical or mental disabilities in the army as elsewhere. Could you tell us their current treatment and what is their workforce?

Answer

According to the data of the competent services, we have 09 reformed officers. And as you have stated, their salary is made up of the basic salary plus a housing allowance and the related family allowances. This is not an innovation of this project, but it exists in the law in force.

Question 8

Article 52, fourth paragraph provides that in the event of a reappearance of an officer after 12 months of non-activity of service for reasons of captivity, the latter is assimilated to a discharged officer.

Mister Minister, don’t you find that this measure is unfair and shocking for those who reappear healthy and able to accomplish their missions in the army but who are refused when their misfortune has occurred to them while serving in this same army?

b. what explains this refusal to reintegrate the body if the person concerned reappears being able to serve again?

 Answer

The measure is not at all unfair, even less shocking as you have formulated it. Indeed, the officer or the soldier in captivity in the hands of the enemy undergoes many serious things including torture to divulge the secrets of his army. He can even be psychically affected to such an extent that he can even work for the enemy later on. b. It is all these considerations that militate that such an officer no longer return to the corps, but still that he keeps his salary reached plus a housing allowance as well as the family allowances he received before.

Question 9

Article 64 provides for the automatic dismissal of an officer who insults the national flag and the FDNB. Your Excellency the Minister, could you give us concrete examples that would militate in favor of this dismissal?

Answer

The national flag is the symbol of the sovereignty and independence of the country. The officer embodies the patriotic values ​​par excellence and thereby reflects the image of the FDNB. It would therefore be inconceivable and unacceptable for an officer to insult the national flag (examples: tear it up, burn it, trample it publicly, etc.) and not be severely punished.Revocation being the extreme punishment in disciplinary matters.

Question 10

Article 70 provides that an officer candidate may exceptionally be assimilated to an officer for command purposes without prejudice to the provisions of article 2 of this bill.

Your Excellency the Minister, does this mean that this officer candidate will have, during this period, the same rights and duties as an officer fulfilling the required conditions?

 If not, don’t you think it can be unfair to him as long as he can be entrusted with missions assigned to an officer?

Answer

 It is obvious that this candidate will have the same rights and duties as another officer occupying the same functions.

 This is not unfair because, as stated above, the officer candidate will be treated as an active officer.

Question 11

In section 1 of chapter III relating to rights, this draft law lists the benefits which are granted to the officer’s heirs in the event of death. These benefits are not granted when the officer dies in the above circumstances after;

– In case of suicide,

 – In the event of death when the officer is in a state of violation of the law.

However, someone who dies by suicide can be considered as mentally deviant, therefore who is psychologically disturbed.

Your Excellency the Minister,

Don’t you find that the heirs of the deceased officer become victims when suicide can be caused by circumstances of his profession?

 Isn’t there a way to first make an inquiry to determine the causes of this suicide?

Answer  

Suicide is wrong in society and in the body as well. This measure is rather a kind of prevention because the officer who tries to commit suicide will reflect on his succession. Nevertheless, when this happens, the FDNB sympathizes with the bereaved family and must in this regard carry out in-depth investigations in order to draw dignified and respectful conclusions.

 Generally, a commission of inquiry is appointed which includes various specialists, including of course those in mental health, to determine the causes of this suicide.

VI. CONCLUSION

The bill amending Law No. 1/21 of December 31, 2010 on the status of officers of the National Defense Force of Burundi comes to comply with the prescriptions of the organic law promulgated on June 27, 2022 which has effects on the current status officers. It brings a lot of innovations and takes into account the professional and social considerations of the moment.

To do this, the Standing Committee in charge of political, diplomatic, defense and security issues, which first of all endorses the formal and substantive amendments formulated by the National Assembly, asks the plenary assembly of the Senate to adopt this bill as presented.