CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
_____________________________________________________________________
Modern mechanisms
159.
The mediator of Burkina Faso. The CRM welcomes the existence of a
national ombudsman in Burkina Faso. The overall mission assigned to the
ombudsman is to address the need for dialogue and understanding between the
administration and the people. This permanent dialogue must enable the
rigidity, inertia and slowness of administrative structures and bodies to be
broken down in order to combat harmful practices by public officials and to
contribute to the setting up of a government that respects the law and citizens.
160.
The mission noted that, in 2006 alone, the ombudsman received a significant
number of complaints. The 277 files received in 2006 can be ranked as follows
according to the number and nature of the complaints: (1) 116 files were
opened regarding complaints related to the careers of public servants. This
type of complaint was the most frequent and concerned applications relating to
the management of the administrative career of public officials. (2) 107 files
were opened with regard to complaints of a financial nature. These complaints
related to matters such as payment of function allowances, services, housing,
and so on, possibly resulting from career reclassifications or reconstitutions.
There was also a fairly high number of payment claims relating to the rights of
those dismissed for judicial and administrative liquidation. Finally, there were
those concerns related to the payment of the social security contributions of
retired workers. (3) 47 complaints concerned land and domains, concerns that
were generally raised in a collective manner. Sometimes, the specificity of the
complaints meant that entire populations were involved. In most cases,
complainants either contested the amount of the compensation that they had
received, or claimed that they had been evicted in accordance with procedures
that they considered illegal. (4) Seven complaints related to the problem of the
non-implementation of court decisions. Although this category comprised the
least number of complaints received in 2006, such complaints are becoming
increasingly numerous.
161.
During its meetings with stakeholders, the CRM noted that rural people rely
more on traditional authorities to resolve their conflicts. This framework of
conflict management and resolution is marked by the absence of a regulatory
status that determines the role and place of customary authorities in society,
thereby enshrining, in a formal way, decisions taken by these traditional
bodies. Indeed, the traditional authorities as a whole are unaware of the
relevant provisions of the constitutional, legislative and regulatory framework
and, more specifically, of the provisions of the civil code, the penal code and
the criminal procedure code.
162.
To alleviate, if not eradicate, this trend, the people met by the CRM
underscored their desire to see a genuine approach adopted for the prevention
and management of conflicts among farmers, and between farmers and
breeders. Efforts in this regard are actually being made in several areas. Such
efforts include the strengthening of the institutional and technical capacity of
actors at village and departmental levels. Indeed, the dramatic events that
occurred at Sideradougou, Baleré, Gogo, etc. – which saw farmers and nomads
93