CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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Parliament before its adoption by referendum, except in the case of a majority
vote of three-quarters of the members of the National Assembly. This means
that the revision of the constitution requires a broad consensus of the political
class or, where appropriate, the direct consent of the people.
191.
The protection of constitutional supremacy, however, remains sluggish and
even problematic in terms of its organic autonomy and the restriction of
referral to the Constitutional Council. In fact, four members, including the
chairperson of the council, are appointed by the president of Burkina Faso,
three judges are appointed by the Higher Judicial Council, and three other
members are appointed by the National Assembly. The president of the
Constitutional Council, who is directly appointed by the president of Burkina
Faso, does not have, like other members, the guarantee of independence – that
is, a single term of nine years. This exposes the presidency of the council to a
more or less discretionary appointment by the chief of the Executive, and may
give rise to some doubt as to the impartiality and independence of this high
body.
192.
Referral to the Constitutional Council is limited to political authorities,
namely the president of Burkina Faso, the prime minister, the president of the
National Assembly and at least one-fifth of the members of the National
Assembly under the framework of a priori control. Excluded from referral are
forms of appeal by way of exception, but the court remains the guarantor of
the rule of law and citizens have the right of individual appeal. This may
indicate why the council has distinguished itself most in the sphere of its
advisory function (its many opinions) and by way of its duties as electoral
judge under the constitution.
193.
On an entirely different level, the illiteracy of a large part of the population
and the strong prevalence of customs among the rural population (nearly 80%
of the total population) are obstacles to the effectiveness of modern and
written law. All of this creates enormous difficulties in terms of the
dissemination, ownership and implementation of legislated law, and the
respect thereof. Very often, such law is ignored by the population, which
subscribes to customary practices. This also creates real constraints with
regard to citizens’ legal security and to the development of the rule of law.
194.
It would therefore be desirable to overcome these shortcomings in order to
ensure better affirmation of the supremacy of the constitution and the rule of
law. What is required is harmonisation of the law, the dissemination of
legislated law in the national languages, the sensitisation and training of
citizens, and the strengthening of literacy campaigns across the territory. All of
these efforts could contribute effectively to the elimination of the
shortcomings.
195.
Decentralisation and local governance. With the coming into force of the
CGCT and the organisation of local elections (in respect of municipal and
regional councils), decentralisation entered a decisive phase entailing complete
communalisation and regionalisation of Burkina Faso (13 regions, 49 urban
105