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Analysis and adoption of the draft law revising the organic law n01/03 of 20 February 2017 on missions, organisation, composition and functioning of the PNB (Burundi National Police).

publie le Friday 10 December 2021
parCommunication and Spokesperson’s Office

The principle of win-win is in place when Burundi joins various regional communities, reassured Tuesday, September 21, 2021, the Minister of Home Affairs, Community Development and Public Security during the analysis of the bill revising the organic law No. 1/03 of February 20, 2017, on missions, organisation, composition and functioning of the PNB which was unanimously adopted. Even if harmonisation with the sub-region dictated the organic law under modification, MPs find that there is something fishy about it. When will Burundi stop running after any community? However, the government’s budget does not follow that speed. In this case, the incompatibility aspect adds drama to drama. On one hand, Burundi, which is part of the EAC (East African Community) whose law is the common law, is also a member of the ECCAS(Economic Community of Central African States), which applies Roman law. How to reconcile the two antagonists?

The law being dynamic, there is nothing to prevent it from being revised as many times as necessary. Moreover, the aspects of both kinds of law have been taken into account in this modification. But the situation is promising with the entry of the DRC into the EAC, particularly with regard to the use of French. It should be noted that the time has come to evaluate the sub-assemblies that bring added value to Burundian population. If not, Burundi will withdraw without any form of lawsuit.

Political will was called for to settle two conflicting positions regarding the granting of driving licences by the police, who at the same time ensure their own control via road traffic. What if the task were entrusted to a department of the ministry with transport in its remit, as is the case with roadworthiness testing? Corruption would at least be limited. However, this misconduct requires the synergy of everyone who is called upon to denounce any police officer who engages in that crime. Otherwise, as long as Burundi has existed, the driving licence has always been held by the police. Initially, it was delivered by the gendarmerie under the coordination of the Ministry of National Defence. The Arusha Agreement for Peace and Reconciliation in Burundi recommended merging the six police units into one. Besides the gendarmerie, public security was housed in the Ministry of Home Affairs, while the judicial police was under the Ministry of Justice, and PAFE (Police de l’Air, des Frontières et des Etrangers) was managed by the National Intelligence Service (SNR) and the Ministry of Home Affairs. All those departments should join forces with a range of armed gangs from different political formations to form a unified police force that inherited all missions.

The relationship between the police force and the ministry in charge of transport is more consolidated than one might think. Vehicles riding on sidewalks contribute to the degradation of roads. The road safety police therefore impose heavy fines on those marginal drivers in order to discourage this practice. Although the law aims at structural harmonisation with the EAC countries, salary harmonisation does not follow. This notion, which is in line with the financial health of the country, could lead to related problems.
The following are some innovations by way of example. This organic law, which is currently being amended, has retained three Commissariats-General instead of four. These are the General Commissariat of Internal Security, the General Commissariat of the Judicial Police and the General Commissariat for Migration. The Commissariat in charge of training has been abolished to become a technical office. In addition, since the Ministry of Good Governance, to which the Anti-Corruption Brigade was hierarchically attached, has not been included in the current structure of the Government of Burundi, the Anti-Corruption Brigade has been abolished. Its missions are now entrusted to the General Commissariat of the Judicial Police.
Among the main amendments, in the title, the term "revision" has been replaced by "modification". Motivation: Legislative rule, the Constitution is the one which is revised.

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