Pan African Lawyers Union request for provisional measures to stay presidential elections in Burundi disallowed by EACJ - Rule of Law Programme Sub-Saharan Africa (Anglophone Countries)
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The Burundian opposition has repeatedly protested that president Pierre Nkurunziza’s bid to extent his 10-year rules is illegal. A growing group of MPs is demanding his withdrawal from candidacy, fearing Burundi otherwise might head towards a hidden dictatorship. Their demand remained unheard, as Nkurunziza was reelected with a majority of 69% on July 21st. The constitutional court previously approved the president's third candidacy's arguing that his first term does not count as he was appointed by parliament, not voted by the people. The impartiality of the judges must be considered questionable though. According to the constitutional court vice-president Sylvere Nimpagaritse, who recently fled to Belgium, him and most of his colleagues viewed Nkurunziza’s third run to be unconstitutional but were put under enormous pressure to change their minds.
The court’s highly controversial ruling was followed by deadly protests and a failed coup. The unrest has so far left about 40 people dead and scores more injured, mostly in the capital Bujumbura. This led to the engagement of African as well as Western Nations voicing their dissatisfaction and cutting foreign aid. The African Union as well as the East African Community demanded Burundi to delay the elections until a consensus is found.
At 6 July, the Pan African Lawyers Union (PALU) together with the East African Civil Society Organisation’s Forum (EAOSCF) took legal action by bringing the case to the East African Court of Justice (EACJ). As social unrest, threats and intimidation continue, further underpinning the illegitimacy and illegality of Nkurunziza’s third run for presidency, PALU and EAOSCF hope for the EACJ to firstly, formulate a declaration that the decision by the constitutional court of Burundi violates the Arusha Agreement and secondly, to quash this very decision. PALU's request for urgent interim orders to stay the presidential elections has now been rejected by the EACJ. A postponement of the elections would only further intensify the critical security situation in Burundi, the Court justifies its decision. However, the main reference of the case remains to be heard. (See link in sidebar for the full ruling of the EACJ)
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