A Cabinet Meeting was held this Wednesday, November 18, 2015 under the chairmanship of His Excellency Pierre Nkurunziza, President of the Republic of Burundi. The following items were analyzed :

1. Draft Document on Intended Nationally Determined Contributions (INDCs) Burundi, presented by the Minister of Water, Environment, Territorial Planning and Urban Development.

As part of climate negotiations and in accordance with decisions of the 20th Conference of Parties to the UN Convention on Climate Change, countries were invited to submit their intended contributions at National level, in preparation for the Conference to be held in Paris from November 30 to December 8, 2015.
Burundi, like other countries, has initiated the process of preparing its national contribution. And as part of that contribution, Burundi wishes to reaffirm its determination to contribute to the global effort to reduce emissions of greenhouse gases and enhance resilience to climate change.

Thus, Burundi intends to reforest 8,000.00 hectares per year over fifteen years from 2016, replace at 100% by 2030 all traditional carbonization furnaces and all traditional homes and gradually substitute mineral fertilizers by organic fertilizers in agriculture sector.
The document was approved.

2. Draft Decree on Statutes of the Agency for Support to the Implementation of Public Private Partnerships Agreements (ARCP), presented by the Minister of Finance, Budget and Privatization.

The law of April 2015 pertaining to Public-Private Partnership Agreements established in the framework investment promotion provides the creation of an Agency to Support the Implementation of Public Private Partnership Agreements. The Agency’s main task will be to support the Government, decentralized governmental entities, companies with public participation in the definition of the vision, policy and the legal framework for Public-Private agreements, planning, design, negotiation and monitoring of rights of users of parties to these agreements.

This project is presented within the above framework. It was approved with minor amendments.

And precisely in this context of Investment Promotion, the Council found that some promoters who received the benefits of the Investment Code divert to unfair competition against other economic operators by pouring exempt goods on the black market. The Council of Ministers requested that the ongoing work of identification be accelerated and that by December, 2015, significant measures are taken against those found guilty of any misappropriation.

3. Draft Decree on Procedures of Procurement for Public Private Partnership Agreements (PPP), presented by the Minister of Finance, Budget and Privatization.

The April 2015 Law pertaining to Public-Private Partnership Agreements provides that these contracting procedures are detailed by decree. This project therefore aims to clarify the details rules for selection of the private partner to whom to entrust the construction of infrastructure and their long term operation but not exceeding 35 years to be reimbursed the investment and thereafter transfer the infrastructure to the public entity.

After analysis, the project was entrusted to a team for a second reading to ensure that it contains no overlaps or contradictions with the Public Procurement Code. It will be brought back within two weeks.

4. Bill amending Article 5 of Law Nr. 1/03 of 19 February 2009 governing the privatization of companies with public participation, services and public works, presented by the Minister of Finance, Budget and Privatization.

Article 5 of the law in force rules that the Interministerial Committee for Privatization is chaired by a President, in this case the Minister for Privatization, whose Vice-President is the Minister in charge of Finance. However, the current structure of government allows one Minister to encompass Privatization and Finance. This amendment draft of article 5 is intended to prevent the overlapping roles of President and Vice-President by one Minister.
The draft was approved with recommendation for correct formulation of the provision.

5. Joint Ministerial Ordinance Draft pertaining to salary scales, bonuses, allowances and benefits to support staff of Burundi National Police, presented by the Minister of Public Security.

This draft regarding civilian personnel working in the Ministry of Public Security is an implementation of the Decree of April 2015 relating to enforcement measures of the law enacted in March 2006 governing the Statutes of the National Police Support Staff.

The draft previously analyzed was returned for a review by technical services to ensure a successful implementation of the Council Decision.
After learning the result of the consultation, the draft was approved.

6. Bill on ratification by the Republic of Burundi of the loan agreement between the Republic of Burundi and the Arab Bank for Economic Development in Africa (BADEA) for rural electrification in the region of Kirundo signed in Abidjan on 27 May 2015.

7. Bill on ratification by the Republic of Burundi of the loan agreement between the Republic of Burundi and the OPEC Fund for International Development (OFID) signed on 9 October 2015, also for the electrification of the region of Kirundo.
Both Bills were presented by the Minister of Energy and Mining.

The loan agreement between the Republic of Burundi and the Arab Bank for Economic Development in Africa (BADEA) concerns the rural electrification project in Kirundo region and aims to improve the living conditions of the population and contribute to the development of the country. The loan agreement is for an amount of 11.6 million US dollars.

Regarding the loan agreement between the Republic of Burundi and the OPEC Fund for International Development (OFID), it is about 10 million US dollars. It comes in addition to that of 11.6 million US dollars granted by BADEA for the same project of rural electrification of Kirundo region.

Both Bills were approved after finalizing the form aspects.

8. Draft Decree organizing the Ministry of Interior and Patriotic Education, presented by the Minister of Interior and Patriotic Education.

The Decree of 18 September 2015 governing the structure, functioning and the Government responsibilities entrusted to the Ministry of Interior and Patriotic Education the mission to "design and implement the National Policy of repatriation", a mission previously entrusted to the Ministry of Solidarity.

Repatriation requires the reception, resettlement and reintegration of returnees. This is closely related to the resettlement and reintegration of other war victims as IDPs and demobilized. These new missions including the "Patriotic Education" component which is also new require a new structure of the Ministry and this project proposes the creation of two new General Directorates, one tasked with Patriotic Education and another one for Repatriation, Resettlement and Reintegration of War Victims.

After debate, the Council considered it useful to first make sure that there is no overlaps with the Ministry for National Solidarity and the project will be brought back within two weeks.

9. Draft Decree on creation, organization, missions and operation of the Burundi National Police Hospital, presented by the Minister of Public Security.

This draft was analyzed on October 27, 2015 as a ministerial ordinance, and the Council sent it back with a number of recommendations including the legal form of the text, as well as details on the legal status of the Hospital.

The team designated to rework the project concluded on the need to equip the Hospital supposed to be of National Reference with a legal status of a Governmental Personalized Authority in the image of the Military Hospital of Kamenge. It must be created and organized by a Decree pursuant to Decree-Law pertaining to the Organic Framework of Governmental Personalized Authorities.
The draft was adopted with finalization to be done by a team designated for that purpose.

10. Draft Decrees on expropriation for public purpose for plots of land located on the hills of Horezo, Muheka, Karambi and Mushihirizi in Songa and Buyengero boroughs of Bururi and Rumonge districts, presented by the Minister of Water, Environment, Territorial Planning and the Urban Development.

In order to reduce the current energy deficit, the Government of Burundi identified the sites of "Jiji and Mulembwe" for hydroelectric developments of 32.5 MW and 17 MW respectively. But the implementation of this project is only possible thanks to the availability of land currently in the hands of people in these hills. Such draft decrees are proposed in order to proceed with the expropriation for public purpose as provided by the law.
The drafts were approved after finalizing form aspects.

11. Miscellaneous

• The Minister of Public Health and Fight against AIDS informed the Council on the cessation of activities at Rema Hospital and Paramedical School in Ruyigi in the wake of the decision to close the hospital by the hospital manager, despite the repetitive invitations made by the Ministry of Public Health and Fight against AIDS to discuss together the normal operation of that infrastructure ; invitation to which the manager refused to answer. The Council of Ministers recommended taking all necessary measures so that the two entities become again functional as soon as possible.

• The Minister in charge of Environment spoke about the consequences of climate change that will cause a lot of rain with the consequences of natural disasters such as landslides. The Council called on all stakeholders to take the necessary steps to limit the adverse effects of disasters including awareness of people living in areas at risk so that they agree to be installed elsewhere in safer places.

• Council members were appealed to monitor the renewal or extension of expired terms of management bodies such as the Boards of the entities under their supervision, inasmuch it was observed that there are often omissions.

Done at Bujumbura, November 19, 2015

Secretary-General and Spokesman
of the Government.-


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