UPDATE: Burkina Faso Legal Information and Research


By Kounkinè Augustin Somé


Kounkinè Augustin Somé LLB (Ouagadougou), DEA (Nantes, Paris XII) LLM (Pretoria-American University, Cairo), is a graduate in International Human Rights Law with Specialization in Human Rights and Democratization in Africa and Humanitarian Assistance. He has comprehensive experience in the area of human rights, democratic governance and peace building. Mr. Somé has written several articles and papers including on the African peer review mechanism (APRM); the Human Rights situation in Burkina Faso in the Human Rights Law in Africa Series (Volume 2, 2000–2004). Mr. Somé has worked with the Parliament of Burkina Faso as Parliamentary Legal Affairs Officer. He also offers over 12 years of human rights field work with the United Nations, including serving as the senior women protection advisor with the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA). He is currently serving on Human Rights with the United Nations Operation in Cote d’Ivoire (UNOCI), and he is also the Founder of the Burkina Faso-based Citizens information and documentation Center (Cidoc). Mr. Somé is the Winner of the Vera Chirwa Award (2013) on human rights, instituted by the University of Pretoria (Center for Human Rights) to recognize alumnus/alumna who epitomizes the true human rights lawyer by making a difference to the protection of human rights or the strengthening of democratization in Africa.


Published October 2016

(Previously updated in Jan. 2011 and Feb. 2014)

See the Archive Version!


1. Introduction

Burkina Faso is a landlocked West African country nestled in the very heart of the Sahel – that semiarid, windswept and sandy belt between the Sahara and the Equator.  Previously known as Upper Volta, it was renamed (1983) Burkina Faso, meaning ’’the country of upright people’’. It shares borders with Mali (North), Niger (East), Benin (Southeast), Togo and Ghana (South) and Cote d’Ivoire (South-West).and its people are called Burkinabé.


The total Area is 274,200 sq. km and the population is estimated at over 18,300,000. The Capital City is Ouagadougou. The currency is the Franc CFA (XOF) [1USD=580FCFA]. It main export resources are gold and cotton. Burkina Faso is a member of the Economic Community of West African States (ECOWAS) and the West African Economic and Monetary Union (WAEMU), of which it hosts the Commission. The official language is French and mooré, dioula and fulfuldé are the three main national languages.


In recent years, Burkina Faso was seen as a stable country until 2014 when popular insurrection chased down long-reigning president Blaise Compaoré. The political crisis was the consequence of multifaceted social discontent. Although many claims related to the equitable distribution of resources, unemployment, access to health and housing, the main objective of the social unrest was to oppose the change in the Constitution to allow President Compaoré to remain in office after 27 years of reign. A transitional government was then established and after one year, held credible elections that resulted in a democratically elected President (Roch Marc Kaboré) and Parliament.  


2. Historical Note

In its legal and political evolution, Burkina Faso has known four constitutional regimes respectively in 1960, 1970, 1977 and 1991. A remarkable fact is that a constitution has never succeeded directly to another; rather the different constitutional regimes have always been stopped by a military one.  Before independence, “Upper Volta” had a constitution dominated by colonial rapports.


Burkina Faso gained independence from France on 5 August 1960. Six years later, (1966) the government led by Maurice Yaméogo, pushed to the corner by the labor movement, peacefully handed over power the army. A new constitution was adopted in 1970 and was suspended in 1974 by the army again. The third constitution was adopted in 1977 and was again suspended by a military coup in 1980. Another coup d’état in 1983 installed the National Revolution Council (CNR) led by Thomas Sankara. On October 15, 1987, Thomas Sankara was killed in a bloody coup and Blaise Compaoré replaced the CNR with the Popular Front (FP). In 1991, a new Constitution was adopted through a referendum and Blaise Compaoré was elected president. He has since been re-elected in 1998, 2005, and 2010. It was in yet another attempt to change the constitution and remain in power that led to the fall of Compaoré, forced out of the country my street uprising.


In 2014 and for the second time in its history, Burkina Faso went through a popular uprising which led to the resignation of President Blaise Compaoré. Starting from January 2014 and during several months, impressive street demonstrations were carried out and coordinated by civil society groups and political parties to demand the withdrawal of Compaoré’s proposal to change the constitution while he had exhausted his terms in office and after more than 27 years in power. He was eventually forced to step down and a transition was initiated that led to the election of a new government in December 2015. The post-insurrection electoral cycle ended with the holding of local elections on 22 May 2016. These elections designated local governments and its executives with the roles are to strengthen local democracy and pursue local development.


For over 25 years now, political pluralism is a reality in Burkina Faso and several political parties do compete during electoral consultations organized on a rather regular basis. The successful popular insurrection and the transitional period that followed were an opportunity to reform and enrich existing democratic institutions, thus contributing to strengthening democracy. The electoral law was revised to exclude all those who supported the unlawful project to change the Constitution [Art 166 of the amended Electoral Code.] This has been contested by political parties close to the former regime, including before the ECOWAS Court of Justice, which found that the general nature of this provision may lead to discrimination. The idea of a new constitution is now being discussed, which would among other things reduce the powers of the president to the benefit of that of the parliament.


With regard to international human rights obligations, Burkina Faso has ratified most of the international instruments on human rights. The country was among the first African States to make the Declaration (pursuant to article 34(6) of the Protocol to the African Charter on the Establishment of an African Court), allowing direct access of individuals and NGOs to the African Court. However, many challenges remain that impede the full enjoyment of the rights contained in these instruments.


3. The Structure of Government

The main arms of government are: The Executive; the Legislature; the Judiciary. The Constitution (art. 31) affirms that Burkina Faso is a democratic, unitary and secular state. The 1991 Constitution, adopted by referendum established a semi-presidential regime. It allows an integral multiparty system and consecrates in principle the separation of powers. The head of state (Président du Faso) is elected for 5 years and can be re-elected once (art. 37) [Since its initial version in the 1991 Constitution, art. 37 has had a very animated history. It has been manipulated and revised some times to limit, other times to extend the number of presidential terms in office. It was in yet another attempt to revise this article that led to the fall of president Compaoré in October 2014. The Parliament, composed of 127 MPs, is elected every 5 years. The constitutional reform of June 2012 had provided for the establishment of a Senate (second chamber) which was to be composed of 89 senators. It actual establishment has been one of the reasons of the political crisis that led to the then president fleeing the country. In line with the spirit of the uprising, this provision was removed the revised constitution in November 2015. A Constitutional Council is there to ensure that other legal instruments/decisions conform to the constitution. The relationship between the Executive and the Legislature is characterized by the fact that the National Assembly can engage Government’s responsibility by passing a vote of no confidence; in return, the Government can dissolve the Assemblée nationale (art. 114).


3.1. The Executive

The Executive is made of the Presidency and the Office of the Prime Minister.


3.1.1. The Président du Faso (PF)

S/he is the Head of State and is vested with the powers to design broad state political orientations; the PF embodies and ensures national unity. S/he is the guarantor of the constitution, national independence, the integrity of the national territory, state continuity, and respect for international agreements (Art. 36).


The PF is elected for 5 years and is re-eligible once (art 37).


Candidates to the Presidency must be Burkinabé by birth and aged between 35-75 (art 38). The provision that their parents themselves must be Burkinabe was removed in the June 2012 reform. The PF is elected by the absolute majority at the first round; otherwise a run-off is organized within 15 days after the date of proclamation of the first round results (art. 133 of the electoral code) and s/he is elected with simple majority (art 39).


The functions of PF are incompatible with any other elective mandate, public job, or any other professional activities (art. 42). When the PF cannot perform his/her functions temporarily, his/her powers are temporary exercised by the prime minister. In the case of absolute or definite inability certified by the Constitutional Council, his/her powers are exercised by the President of the National Assembly. In this case, a new president gets elected not less than 30 days and not more than 60 days after the certification of the inability (art 43).



3.1.2. The Cabinet

The Cabinet (le Governement) is a joint team collectively responsible before the National Assembly. This joint responsibility has three consequences:


The powers conferred to the government by the constitution are mainly exercised by the prime minister. S/he:

·       is the chief of the cabinet and therefore leads and coordinates government action (art 63)

·       ensures the enforcement of laws

·       appoints to high civil and military positions (except for those that fall under the prerogatives of the PF)

·       chairs cabinet meetings on delegation (art 64)

·       determines the attributions of other cabinet ministers (art 65)


The credible post-insurrection and post-transition elections resulted into Mr. Roch Marc Christian Kaboré being democratically elected as President. On 6 January 2016, he appointed Paul Kaba Thiéba as Prime Minister. At the time of his appointment, Mr. Thiéba was an international servant serving with the WAEMU. The 55 old new Prime Minister is a trained economist very aware in international finances but never served back home. Few months after his government has been in action, observers comment that his action seems to have no visibility.


3.2. The Legislative Composition:

With the loi constitutionnelle n°072-2015/CNT portant revision de la constitution, the Legislature is now made of a unicameral parliament known as the “Assemblée nationale”. The Assemblée nationale is composed of “députés” (Members of Parliament) elected through direct universal suffrage (art 80) for a five-year-term (art 81). They are vested with legislative powers. In accordance with article 84, the “Assemblée nationale” passes laws, fixes taxes, and monitors government actions. The Sénat (Senate) was removed in the 2015 constitutional reform.


During the transition period following the October 2014 insurrection, the functions of the Assemblée nationale were performed by the National Transitional Council (Conseil National de la Transition- CNT). The Assemblée nationale holds two ordinary sessions yearly, each of them not exceeding 90 days. The first session opens on the first Wednesday of March and the second on the last Wednesday of September. If this Wednesday falls on the public holiday, the session opens on the following working day (art 87). It can also hold extraordinary sessions called for by its President upon request of the prime minister or from the absolute majority of MPs, on a particular agenda. Such extraordinary sessions close as soon as the said agenda is exhausted (art 88).


The sessions of the Assemblée nationale are public; however, it may sit in closed session as the need arises (art 89).


Legal Guarantees:

No MP can be arrested, detained, or tried for his/her opinion or votes expressed during or in relation to his/her functions (art 95); except when caught in the act (“flagrant délit”). No MP can be arrested for correctional or criminal matters unless this is authorized by 1/3 of the MP when the Parliament is in session, or by the bureau of the National Assembly (art 96).


Domain of the Law:

According to art 101, the law determines the rules regarding among others things:


3.3. The Judiciary

The Judiciary is the custodian of individual and collective freedoms; it ensures respect for the rights and freedoms enshrined in the constitution (art 125).


Art 129 of the Constitution clearly states that the Judiciary is independent. However its independence has been one issue at stake, including during the 2014 popular insurrection. The judiciary which is generally criticized as partial, applying double standards, defends itself by denouncing intrusion of the executive in its operations. During the transitional period following the forced resignation of president Compaoré a national pact for the renewal of the judiciary was entered to known as the Pacte national pour le renouveau de la justice [in this new deal, stakeholders, including government, the judiciary and civil society agreed to each play its relevant role to ensure that a credible justice prevails].


The Président du Faso is the guarantor of the independence of the Judiciary (art 131); s/he is assisted by the Higher Magistracy Council, [the PF used to be the president of the Council (132); but this was removed in the latest revision of the constitution in 2015]. With this reform, the Higher Magistracy Council is in full charge of the career of the judges (art 134). Its chair and vice-chair are respectively the first president of the Supreme Court of Appeal and the president of the Council of State (art 132).


Court sittings are public except as otherwise stated by law or in case of risk of disturbance to public order.


3.3.1. Structure of the Judiciary

The institutions of the judiciary are of two orders; the judicial order and the administrative order. They are made of the Supreme Court of Appeals (Cour de cassation) which is the highest jurisdiction of the judicial order; the Council of State (Conseil d’état) which is the highest jurisdiction on administrative matters; the Court of Accounts (la Cour des comptes) which is the highest jurisdiction when it comes to controlling public finances; the conflicts tribunals (settle conflicts of competence between jurisdictions); and the courts, and tribunals instituted by law. These jurisdictions apply the existing laws (art 126).


Pursuant to the Loi 010/93/ADP portant organisation judiciaire au Burkina Faso, the jurisdictions of the judicial order in Burkina Faso are:

·       The Supreme Court of Appeal

·       The Appeal Court

·       The High Court

·       The Tribunal of first Instance

·       The Departmental Tribunal

·       The District Tribunal

·       The Labor Tribunal

·       The Judge for Children

·       The Juvenile Tribunals.


The same law determines the geographical and material competence, the headquarters, and the composition of the jurisdictions mentioned above.


Art 6 of the Loi 010/93/ADP with regard to legal aid, stipulates that “Legal aid can be granted according to the nature of the trials, the quality and circumstances of the parties, either as of right, on express request of the interested party”.


3.3.2. The Constitutional Council

The Constitutional Council is competent to decide on the constitutionality of the laws, Parliament rules and regulations, ordinances, treaties, and international agreement. Organic laws are automatically referred to the Constitutional Council before their promulgation.  It regulates the functioning of public institutions and settles conflicts arising from their attributions. The Constitutional Council also ensures regularity, transparency, and sincerity of referendums, and presidential and parliamentarian elections. It decides all electoral disputes and proclaims the final results of presidential, parliamentarian, and local elections. It administers the oath of the president (art 152 of the Constitution).


The Constitutional Council is composed of: 3 judges appointed by the President on proposition of the Minister of Justice, 3 personalities including at least one lawyer appointed by the President, and 3 personalities including at least one lawyer appointed by the President of the National Assembly. Former Heads of State are no longer members of the Council following the review of the constitution in 2015. The members of the Constitutional Council are appointed for a single 9 years term. The President of the Council is appointed by the PF (art 153 of the constitution). The President, the Prime Minister, the President of the National Assembly or 1/10 of the members of the Parliament can file a petition before the Constitutional Council (art 157) and its decisions cannot be challenged before any other institutions (art 159). However, an important change introduced in art 157, and common citizens can now directly petition before the Council. Also the Constitutional Council has jurisdiction to examine any matter within its competence if considered necessary, and at its own initiative.


4. Legal System and Sources of Law in Burkina Faso

Burkina Faso’s legal system is based on civil law and is a mere transposition of the French legal system. Local customary laws also apply to some extent. From top to bottom, the hierarchy of laws in Burkina Faso is as follows:

·       the constitution

·       regularly signed and ratified international treaties

·       acts of parliament

·       ordinances

·       decrees


4.1. The Constitution

The constitution is the supreme law of Burkina Faso and all other legal acts are derived from it and must conform to it. Adopted by referendum on June 2, 1991, the current constitution has been revised at least seven times by Acts Nos: 002/97/ADP du 27 janvier 1997; 003 -2000/AN du 11 avril 2000; 001 -2002/AN du 22 janvier 2002; 015-2009/AN du 30 avril 2009; 023-2012/AN du 18 mai 2012; 033-2012/AN du 11 juin 2012. It can be accessed here and here. The 2015 revision can be accessed hereAfter the popular insurrection of October 2014, a Transitional Charter  was drafted and adopted to complement the Constitution. The Transition Charter suspended some of the contemptuous provisions of the constitution such as those relating to the number of terms in office, the functioning of the newly created National Transitional Council known as the CNT.


The Constitution provides for human rights and fundamental freedoms. Both civil and political rights as well as economic, social and cultural rights (ESCR) are duly guaranteed in the current constitution. The Universal Declaration of 1948 and the African Charter on Human and Peoples’ Rights have been duly incorporated in the Preamble. Title I of the constitution, comprised of two chapters and 30 articles, is dedicated to fundamental rights and duties and can be seen as the bill of rights. Although it is clear that ESCR, such as the right to property (article 15) can be claimed before a court, not all ESCR are justiciable.


4.2. Treaties and International Agreements

Article 151 of the Constitution established the principle of the supremacy of international law provisions to those of national law, provided that they are applied by the other state party. In the Burkinabe legal system, duly ratified international conventions are directly applicable when they directly recognize the rights of citizens. In cases of conflict, international law is considered superior. Upon publication of the instruments of ratification, the provisions of international law can be invoked by the judge as well as by third parties and directly by individuals before national courts. Reliance no longer requires a particular incorporation act or law. Burkina Faso, like most civil law traditions has a monist approach to international treaties and conventions. There are no specific domestication requirements.


4.3. Legislations

Law (la loi) as an act of Parliament is defined as a regular deliberation of the National Assembly (art 97). Legislations are initiated by the Government (Projet de loi), the National Assembly (Proposition de loi) or by a group of 15, 000 citizens (Pétition) (art 98) who have their voting right. All initiatives (projets de loi, propositions de loi and pétition) can be amended by the MPs and Government.


When agreed on and put on the agenda of the National Assembly, draft bills are discussed and then voted into law. When a law is adopted, the PF has 21 days to promulgate it; such period is shortened to 8 days in case of emergency declared by the National Assembly (art 48). During this period, the PF can also request a second reading of the law, in totality or in some of the sections; such a request may be turned down by the National Assembly. If the PF fails to promulgate a law during the required period, it automatically enters into force (art 48).


An organic law (loi organique) is an act of Parliament detailing the organization, composition, attributions, functions and procedures applicable before a national institution such as the Constitutional Council, the Economic and Social Council, the National Electoral Commission, etc. Such organic laws and the Regulations of the National Assembly, before their promulgation or implementation, must be submitted to the Constitutional Council for a constitutionality check. To the same ends, normal acts of parliament and treaties that must go through the ratification process, must be reviewed by the Constitutional Council before their promulgation (art 155).


4.4. The Ordonnance (Ordinance)

An “Ordonnance” is an act signed by the PF after deliberation in Cabinet, in a domain reserved for Parliament and in accordance with articles 103, 107 and 119 of the Constitution. It enters into force as soon as published (art 99).


4.5. The Décret (Decree)

The “Décret simple” (simple decree) is an act signed by the PF or by the Prime Minister and Counter-signed by the relevant members of the Cabinet (art 100).


4.6. The Décret Issued in Cabinet Meeting

This is an act, which is signed, by the PF and the Prime Minister after consultation of Cabinet ministers. It is counter-signed by the relevant member(s) of the Cabinet.


5. Legal Education and the Legal Profession

The Faculty of Law and Political Science of the University of Ouagadougou is the pioneer institution offering academic programs in Law since 1975 . The Faculty of Law offers degrees in different branches of law: LLB (Licence es sciences juridiques – 3 years); Maitrise en droit (4 years) and recently LLM (DEA, DESS). However, the past 10 years have shown dozens of public and private universities as well as other tertiary institutions offering academic programs in the legal field. Among them the “University Catholique” and “Université Saint Thomas d’Aquain” are implementing law departments:


After the Maîtrise en droit, a successful student may choose to become magistrate, advocate, or jurist either in public administration or in private sector.



To qualify as a magistrate, a candidate must sit an official examination and when successful, undergoes a year of specialized training at the National School of Administration and Magistracy (ENAM) and another year of practical training (stage) with a court. Upon completion, successful student magistrates are sworn in to sit in tribunals and courts. Magistracy is regulated by the “Loi organique No 036-2001/AN portant statut du Corps de la Magistrature”.


Advocate (Avocat):

Private legal practice is conditioned to obtaining the “certficat d’aptitude à la profession d’avocat” - CAPA (aptitude certificate to practice as advocate). Application to the CAPA is opened to students who have successfully completed the fourth year of law studies and have passed the Maîtrise en droit. Initally established in the nineties, the Advocates Training Center (Centre de formation des avocats) become operational in 2014. The Center is responsible for the initial and ongoing training of lawyers in Burkina Faso. Upon obtaining the CAPA, applicants are admitted for two years training at the Center and at the same time pupilage in a law Firm. Successful pupil lawyers are called to the Bar to practice as Avocat. The ’’Loi n°016-2000/AN du 23 mai 2000, portant réglementation de la profession d'avocat’’ and the “Arreté interministériel No 2002 portant organisation du certificat d’aptitude á la profession d’avocat” organizes the advocate profession in Burkina Faso. [See: here ]


Bailiffs and Notaries are recruited through a test by the councils of Bailiffs and Notaries respectively. Applicants must hold a Maîtrise en droit. Successful applicants are placed in internship with bailiff and notary offices while they go through theoretical training at the ENAM for two years. After successful completion, they are appointed to practice in their respective areas.


Other representatives of the law such as court clerks are recruited through civil service tests and trained at the ENAM.


6. Law Reporting

There is no structure in charge of comprehensive law reporting in Burkina Faso, which makes legal research difficult. Some of the laws applicable in the country before independence can be found in the French law collections. The Revue burkinabè de droit (RBD) (Burkina Law Review) is a semesterly publication that is edited since 1981 by the Faculty of Law, University of Ouagadougou. It contains three main parts: Doctrine, Jurisprudence, and Chronicle of legislation. This publication was stopped after 41 editions.


LegiBurkina is an online database of legal data, that collects and disseminates legal and judicial documentation and information on Burkina Faso. Most of the documents available on LegiBurkina are published in the Official Gazette, the Journal Officiel du Burkina Faso –JOBF. In fact, it offers, depending on access rights, an online library of the Journal Officiel in pdf since 1954.


The Ministry of Justice maintains a “Codification Commission” that ensures harmonization of legal Acts and their publication in the form of codes. In this way, the civil code, the Fiscal code, and the Penal code, among others, have been published. A scientific committee with technical support and advice from the Belgium Cooperation provides support to the Codification process. This Commission appears less active nowadays.


The European Union supported the “Programme d'Appui à la consolidation du processus démocratique, l'État de droit et la bonne gouvernance (PADEG)”, a program supporting consolidation of the democratic process, the rule of law and good governance, and support of the publication of Codes and other legal materials.


The country’s Civil Code is replication of the French “Code civil” and to a great extent the “Code Napoleonian”. The Penal code is also drawn from the French Code penal.  Only the civil procedure code (Code de procedure civile) was amended to suit the country’s judicial set-up. But again with the OHADA Treaty, most aspects the civil procedure code are no longer applied. The treaty establishing the Organisation pour l’Harmonisation du Droit des Affaires en Afrique, (organization for the harmonization of business law in Africa -OHADA Treaty), aims at harmonizing and facilitating legal procedures in applying business law among member states. Almost all French speaking African countries are members of OHADA.


7. Primary and Secondary Legal Sources

The government official gazette, known as the “Journal Officielpublishes laws passed by Parliament and other Acts taken by government such Presidential decrees, etc. The Journal Officiel du Burkina Faso –JOBF- is published with a great level of regularity.


The National Assembly also publishes a series of compendiums “Le recueil des lois de l’Assemblée Nationale,” which is a compilation of laws passed by the Parliament every year. However this publication has been discontinued; the last publication dates back to 2004: Répertoire général des lois votées par l’Assemblée nationale (1992-2004), 1ere edition.


8. Indicative Bibliography and Links




The 1991 Constitution has been revised six time by Acts Nos: 002/97/ADP du 27 janvier 1997; 003 -2000/AN du 11 avril 2000; 001 -2002/AN du 22 janvier 2002; 015-2009/AN du 30 avril 2009 ; 023-2012/AN du 18 mai 2012; 033-2012/AN du 11 juin 2012. It can be accessed here and here.  



Below is a selection of different legislation on selected topics:



·       Loi n° 006-2012/AN du 05 avril 2012 portant modification de la loi n° 014-2001 du 3 juillet 2001 portant code électoral.

·       Loi n° 005-2015/CNT portant modification de la loi n° 014-2001/an du 03 juillet 2001 portant code électoral.


Freedom of Association and Demonstration:





·       Loi 051-1998 portant reforme du secteur des télécommunications.

·       Loi N° 061-2008/AN portant règlementation générale des réseaux et services de communications électroniques au Burkina Faso..Loi n° 045-2009/AN du 10 novembre 2009 portant réglementation des services et des transactions électroniques au Burkina Faso.

·       Décret n° 2000-083/PRES/PM/MC/MCIA portant modalités d’établissement et de contrôle des tarifs des services de télécommunications.

·        Décret n° 2000-087/PRES/PM/MC/MCIA portant définition des conditions générales d’interconnexion des réseaux et services de télécommunications.

·        Décret n° 2000-407/PRES/PM/MC portant approbation du Plan national d’attribution des bandes de fréquences radioélectriques
Décret n° 2000-408/PRES/MCIA portant modalités de mise en œuvre d’un accès au service universel des télécommunications.

·       Décret n°2000-409/PRES du 13 septembre 2000 portant institution des droits et redevances au profit de l’Autorité Nationale de Régulation des Télécommunications (ARTEL).








Personal Statute:

·       Loi n° 020-2013/AN portant regime juridique du partenariat public-prive au Burkina Faso.

·       Loi organique n° 018-2013/AN portant organisation et fonctionnement du parlement

·       Loi organique n° 017-2013/AN portant attributions, organisation et fonctionnement du médiateur du Faso .

·       Loi organique n° 015-2013/AN portant attributions, composition, organisation et fonctionnement du Conseil Superieur de la Communication

·       Loi n° 013-2013/AN portant réglementation de la profession de commerçant au Burkina Faso.

·       Loi n° 046-2013/AN portant modification de la loi n°009-2009/AN du 14 avril 2009 portant statut de l’opposition politique.

·       Loi n° 016-2014/AN portant statut du personnel de la garde de sécurité pénitentiaire.

·       Loi organique n°003-2015/CNT portant attributions, composition, organisation et fonctionnement de la Commission de la Réconciliation Nationale et des Réformes.

·       Loi organique n°017-2015/CNT portant modification de la loi organique n°20/95/ADP du 16 mai 1995 portant composition et fonctionnement de la Haute Cour de Justice et procédure applicable devant elle.

·       Loi n° 019-2015/CNT portant statut général des personnels des forces armées nationales.

·       Loi n°020-2015/CNT portant conditions d’avancement des personnels d’active des forces armées nationales.

·       Loi n°021-2015/CNT portant création, organisation et fonctionnement de l’académie nationale des sciences, des arts et des lettres du Burkina Faso.

·       Loi organique n° 050-2015/ CNT portant statut de la magistrature.

·       Loi n° 062-2015/CNT portant statut de pupille de la nation.

·       Loi n°104-2015/CNT portant statut du personnel du cadre paramilitaire des douanes.



·       Loi n°017-2014/AN portant interdiction de la production, de l’importation, de la commercialisation et de la distribution des emballages et sachets plastiques non biodégradables.

·       Loi n°008-2014/AN portant loi d’orientation sur le devéloppement durable au Burkina Faso.

·       Loi n° 036-2015/CNT portant code minier du Burkina Faso.


Children’s Rights:

·       Loi 038-2003/AN du 27 mai 2003 portant définition et répression du trafic d’enfant(s) (Journal Officiel no 31 du 31 juillet 2003).

·       Loi n°013- 2007 AN du 30 juillet 2007 portant loi d’orientation de l’éducation.

·       Loi 001-2009/AN portant protection des droits de l’enfant et de l’adolescent dans les médias au Burkina Faso.

·       Décret n°96-412/PRES/PM/MAS/MEF du 13 décembre 1996, un Comité National chargé du Suivi et de l’Evaluation du Plan d’Action National pour la survie, la protection et le développement de l’enfant.

·       Décret 98-7 du 28 janvier 1998 instituant le parlement des enfants.

·       Décret n°99-80 du 6 avril 1999 portant organisation et fonctionnement du fonds de l’enfance.

·       Décret N° 2009-200/PRES/PM/MESSRS/MEBA /SECU portant création, attributions, composition, organisation et fonctionnement d’un Conseil national pour la prévention de la violence à l’école (CNPVE). JO N°20 DU 14 MAI 2009.

·       DECRET N° 2009 -785/PRES/PM/MASSN/ MEF/MATD portant création, attributions, composition et fonctionnement d’un Conseil national pour la survie, la protection et le développement de l’enfant. JO N° 50 DU 10 DECEMBRE 2009.

·       DECRET N° 2009 -786/PRES/PM/MASSN/MEF portant attributions, organisation et fonctionnement du Secrétariat permanent du conseil national pour la suivie, la protection et le développement de l’enfant. JO N° 50 DU 10 DECEMBRE 2009.

·       Kiti an VII 319 du 18 mai portant placement et suivi d’enfant au Burkina Faso.


Access to Land:







·       Loi n° 060-2015/CNT portant régime d’assurance maladie universelle au Burkina Faso.


Judicial Divisions and, Fair and Equitable Justice:

·       Loi n° 013-2014/AN portant création du Tribunal de Grande Instance de Pô.

·       Loi n° 014-2014/AN portant création du Tribunal de Grande Instance Ouaga II.

·       Loi n° 074-2015/ CNT portant création, attributions, composition, organisation et fonctionnement du Haut Conseil pour la Réconciliation et l’Unité Nationale.


Transparent Public Management:

·       Loi n°010-2013/AN portant règles de création des catégories d’établissements publics.

·       Loi n°004-2015/CNT portant prévention et repression de la corruption au Burkina Faso.


Political Participation:

·       Loi n° 016-2015/CNT portant modification de la loi n°055-2004/an du 21 Décembre 2004 portant Code général des collectivités territoriales au Burkina Faso.

·       Loi constitutionnelle n° 071-2015/CNT portant révision de la Charte de la Transition.

·       Loi constitutionnelle n°072-2015/CNT portant révision de la Constitution.


International Instruments:




Persons with Disabilities:

·       Décret N° 2010-212/PRES promulguant la loi n°012-2010/AN du 1er avril 2010 portant protection et promotion des droits des personnes handicapées.




Public Policies and Other Strategic Documents:



·       Salif YONABA, Les grandes décisions de la jurisprudence burkinabé: droit administratif, Collection Précis de droit burkinabé, Université de Ouagadougou, UFR Sciences juridiques et politiques, 2004. This publication contains selected decisions on administrative justice.

·       Avis et décisions commentés de la justice constitutionnelle burkinabè de 1960 à 2007; document réalisé sous la direction du Pr Augustin Loada, professeur titulaire de Droit public et de Sciences politiques, directeur exécutif du CGD.

·       For various courts and tribunal decisions see JuriBurkina.