A New Electoral Law and Political Struggles – Burkina Faso

OPINION

President of Burkina Faso, Blaise Compaore, is pictured in New York in September 2013(Reuters)
President of Burkina Faso, Blaise Compaore, is pictured in New York in September 2013(Reuters)

On April 7, 2015, Burkina Faso provisional National Transition Council (NTC) passed a new law amending the Electoral Code.

This is just a forty-five words text that could prevent former leaders of the Blaise Compaore regime from being candidates to the forthcoming presidential and parliamentary elections to be held next October. The barons of the 27-year long reign are now leaving no stone unturned in order to avoid such a political sanction which to them means a premature retirement and even political exclusion.

“Are not eligible: (… ) all those individuals who have supported an anti-constitutional change that has hampered the principle of political alternation, chiefly the principle of limitation of the number of presidential terms of office, which has led to an insurrection or any other form of uprising.”

This provision eliminates from the forthcoming competition the leaders of the former ruling party, the Congress for Democracy and Progress (CDP), and those of their allies, namely Alliance for Democracy and Federation/African Democratic Rally (ADF/ADR) and Union for the Republic (UFR).

Theoretically are concerned by this decision those members of the former government who have attended the extraordinary cabinet meeting on October 21, 2014.

That meeting has discussed a proposed bill aiming at amending the constitution. It has then decided to send the new amendment to the parliament in view of authorizing the holding of a referendum. The planned referendum, a direct popular consultation, was about Article 37 of the country constitution and its goal was to allow, despite a full 27 – year reign, the president to be once again a candidate for the October 2015 elections.

In addition, are targeted all the active militants of the alliance of the political parties backing the former president and who had encouraged such an initiative despite warnings from a then strongly mobilized opposition parties. Finally are also affected, congressmen, mayors and municipal counselors from the former majority party.

There is an irony here. This provision was made possible, thanks to the founding Act of the African Union on democracy, ratified by Burkina Faso on 27/2/2001 and the African Charter on Democracy, elections, and governance that the country also ratified on 26/5/2010… under the Compaore regime!

The “Excluded”: how many divisions?

Since, by definition a law is of general nature, it was not possible for the NTC to list all the future outcasts of the Republic. That is sad! People would indeed have loved to know who, exactly, is concerned by this ostracism. The figures differ: about 200 politicians, women and men, from some sources. “Roughly thirty” according to the supervising Authority of the future elections, that is the minister of Territorial administration, Decentralization, and Security, Colonel Auguste Denise Barry.

In reality, the old zealous friends as well as Security guards of Blaise Compaore will have to live under this sword of Damocles during the next six months. They will only know their actual fate when, individually, they announce their candidacy for the elections.

This is when the Constitutional Council will inform each candidate if his or her candidacy is or not acceptable. However, the zealous supporters of the project to amend the constitution that has caused the October 2014 insurrection have no illusion about their political fate. That is why there are so many signs of their nervousness, as well as overt and covert threats against the Transition and attempts to provoke street protests.

The first riposte of the « excluded » has consisted in denying the NTC the right to legislate on matters related to the elections code. This appreciation on legitimacy has disqualified the NTC members because “they are not elected by the people.

Then has followed the decision to withdraw their 10 members from the NTC. Even though the law was promulgated, they have seized the Constitutional Council to appeal against its regularity. The stakes went one step up again with the idea to take the case to ECOWAS Court of justice and the African Court of Human rights.

At the same time, these new opponents have alerted the International Monitoring and Support Task Force of the Transition in Burkina Faso about their “exclusion” after whining at diplomatic representations in Ouagadougou. In order to further de-legitimate the Transition, they also suspended the participation of their representatives in the National Commission for Reconciliation and Political Reforms, accusing the new authorities to behave like “World War II Nazis”.

Observing that few ordinary people had taken their handkerchiefs to wipe out tears by way of supporting them, the accomplices of the former regime have tempted a “destabilization ploy” according to the government: night time meetings, distribution of large sums of money, incitation to mass protests, ..

The former barons: the danger

That is what prompted the government to pull out the sword by arresting former ministers and mayors under different charges: undermining the security of the State, embezzlement in city zoning, overbilling and corruption in the execution of public contracts, illegal political activities, and disorderly conduct.

Indeed, that is because the Transition regime has evidence that those former barons were a threat to its own foundations. In effect, they have accumulated vast wealth and were not worried about being subjected to justice after the October insurrection. At first, they were not allowed any political activity but were later given that freedom! They thought then their time had already come back.

Arrogant speeches, just like in the good old days of “Blaise”, showing off with their latest design limousine, songs in honor of their mentor and his younger brother, François, prediction of their blatant victory at the next elections, plan to organize a caravan to go to congratulate “Blaise” in Abidjan, Côte d’Ivoire, “for his patriotism” and to reaffirm their “loyalty to his ideals.”

With their full ability to do harm, they were headed to the conquest of the power they had lost only six months earlier. All this was too much for a population still mourning their martyrs and for the Transition still in its infancy.

From Cote d’Ivoire, the former president was pulling the strings thanks to his huge wealth and his political and economic networks while a number of inner circles made it clear that they were traveling between Abidjan and Ouagadougou.

The resources and networks still exist but they were lately disorganized by the recent arrests and through governmental warnings. The new elections code could start by drying up the financial contributions from businessmen and women who no longer trust they can benefit from any return on investments.

The international community that had, for a while, paid attention to the critics convoyed by former leaders, now seems to be following the promising tide.

Hence, the US ambassador has officially declared to be on the side of the new elections code because it expresses the will of the people. The envoy closed the debate: “the law was promulgated, it is over.” Other diplomats, even though remaining sensitive to the topic of an “inclusive Transition”, have avoided discussing it in public.

Another clear sign is that the European Union and their partners have announced that they will provide an exceptional support of 7 billion CFA to the Burkinabe government for the preparation of the elections. In addition, the Transition will receive another exceptional budget support of 45 billion CFA!

Other threats to the transition

Nonetheless, the Transition regime is aware that other negative reactions from the supporters of Blaise are to be feared. Noteworthy is the kidnapping on April 4 of a Rumanian citizen, in charge of security at the site of the Tambao manganese mine. It has been attributed to Tuareg networks that are close to the former strongman of the country.

The site of the mine is located in the north of the Burkina in the border area with Mali and Niger. In addition to that, there is the delicate management of the Presidential Security Regiment of the former president that the large majority of political actors think should be dismantled.

There is also the economic crisis that complicates the daily life of the people and which causes a series of strikes. Frequent water and electricity shortages in this hot season are also fueling the social tension.

Overall, the threats that constitute a burden for the Transition government are internal as well as external. The new authorities have interest in keeping an eye open. And it should be the right one …

André Marie POUYA

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Source: Centre for Strategies and Security for the Sahel Sahara

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