Legal System of Burkina Faso

Burkina Faso is located in Africa. It is geographically situated in western africa, north of ghana. The country achieved independence on 5 august 1960 (from france). The capital is Ouagadougou.

Government Overview

Government Type: presidential republic Chief of State: Transitional President Capt. Ibrahim TRAORE (since 30 September 2022) Head of Government: Prime Minister Rimtalba Jean Emmanuel OUEDRAOGO (since 9 December 2024) Cabinet: prior to the 2022 coups and ad hoc suspension of laws and constitutional provisions, Council of Ministers appointed by the president on the recommendation of the prime minister Administrative Divisions: 13 regions; Boucle du Mouhoun, Cascades, Centre, Centre-Est, Centre-Nord, Centre-Ouest, Centre-Sud, Est, Hauts-Bassins, Nord, Plateau-Central, Sahel, Sud-Ouest National Holiday: Republic Day, 11 December (1958) Suffrage: 18 years of age; universal

Legal System

The legal system of Burkina Faso is described as civil law based on the French model and customary law International Law: has not submitted an ICJ jurisdiction declaration; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: several previous; latest approved by referendum 2 June 1991, adopted 11 June 1991, temporarily suspended late October to mid-November 2014; initial draft of a new constitution to usher in the new republic was completed in January 2017 and a final draft was submitted to the government in December 2017; a constitutional referendum originally scheduled for adoption in March 2019 was postponed; on 1 March 2022 a transition charter was adopted, allowing military authorities to rule for three years and barring the transitional president from being an electoral candidate after the transition Amendment Process: proposed by the president, by a majority of National Assembly membership, or by petition of at least 30,000 eligible voters submitted to the Assembly; passage requires at least three-fourths majority vote in the Assembly; failure to meet that threshold requires majority voter approval in a referendum; constitutional provisions on the form of government, the multiparty system, and national sovereignty cannot be amended

Judicial Branch

Highest Court(s): Supreme Court of Appeals or Cour de Cassation (consists of NA judges); Council of State (consists of NA judges); Constitutional Council or Conseil Constitutionnel (consists of the council president and 9 members) Judge Selection: Supreme Court judge appointments mostly controlled by the president of Burkina Faso; judges have no term limits; Council of State judge appointment and tenure NA; Constitutional Council judges appointed by the president of Burkina Faso after a proposal from the minister of justice and the president of the National Assembly; judges appointed for 9-year terms with one-third of membership renewed every 3 years Subordinate Courts: Appeals Court; High Court; first instance tribunals; district courts; specialized courts relating to issues of labor, children, and juveniles; village (customary) courts

Legislative Branch

The legislative structure consists of unicameral Note: note: a series of coups in 2022 led to the ad hoc suspension of laws and constitutional provisions, including the unicameral National Assembly; a military junta in 2022 appointed the 71-member Transnational Legislative Assembly (ALT); a Transitional Charter, adopted in October 2022, provided for a transitional period that was extended in May 2024 until July 2029

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Burkina Faso Suffrage: 18 years of age; universal

Historical Background

Many of Burkina Faso’s ethnic groups arrived in the region between the 12th and 15th centuries. The Gurma and Mossi peoples established several of the largest kingdoms in the area and used horse-mounted warriors in military campaigns. Of the various Mossi kingdoms, the most powerful were Ouagadougou and Yatenga. In the late 19th century, European states competed for control of the region. France eventually conquered the area and established it as a French protectorate.

This article provides a summary of the legal system and governmental structure of Burkina Faso based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.