CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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training of the latter weakens the effectiveness of judicial intervention and
lengthens the time required to process files.
•
The cost of justice is a further problem. The principle of free justice is
proclaimed, but access to justice continues to be subject to the payment of
miscellaneous fees and high costs, which discourages citizens.
•
Legal assistance is certainly provided by the texts, but is not effective.
•
Citizens are ignorant of their rights. The Burkina Faso legal order is
affected by a gap between modern law and value and representation
systems that still tenaciously prevail in the country. The result is a duality
of rights serving as a basis for solving many conflicts, especially in rural
areas, or even a conflict between the two judicial systems that does not
allow for legal security. Furthermore, the ignorance of citizens weakens
their position and encourages corruption and racketeering in the judicial
system. In these circumstances, people interviewed during meetings in the
field indicated that they often preferred to use traditional methods of
settlement, because of the numerous constraints that exist, the complexity
of the procedures of modern justice and their mistrust in the judicial
system.
•
Precarious working conditions and low wages are another factor. These
disadvantages undermine the judiciary and expose it to pressures and
demands of every kind. Many judicial officers therefore leave the
profession or engage in parallel activities (education, consultation) so as
not to fall into the temptation of corruption.
iii.
Recommendations of the APR Panel
230.
To enhance the effectiveness of human rights in all their dimensions, the APR
Panel recommends:
1 - Actions and measures to consolidate freedom of the press and improve the
organisation of the profession of journalist:
•
Initiate the negotiation of a collective agreement in the field of journalism
(government, press owners, journalists).
•
Develop, on a participatory basis, a status for journalists (government,
press owners, journalists).
•
Organise initial and continuing training for journalists (specialised training
schools, government, TFPs).
•
Decriminalise breaches of the press laws, strengthen the capacity of the
CSC and its powers to impose sanctions for breaches of professional
duties, and exercise control over the public media (government, justice
system, press owners, journalists, CSOs).
117
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