CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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244.
The ESC advises on plans, projects or programmes relating to economic,
social or cultural issues and on questions submitted to it by the president of
Burkina Faso or the government. It tries to assert itself as a forum for social
dialogue in its capacity as a forum of civil society organisations, but the scope
of its advisory authority hampers its efficiency.
245.
Visits on the ground and discussions with stakeholders have, however,
highlighted the lack of communication between the top (government) and base
(populations) of the pyramid, and sometimes even among different services
within a department. There is thus a need to further develop a participatory
and inclusive approach that integrates the requirements at grass-roots level.
246.
Independence and efficiency of Parliament. An analysis of the basic texts and
working sessions held in the field highlight the principle of independence and
autonomy of the National Assembly at the organic level: it expresses itself on
the validity of the mandates of its members, it elects its president to his office,
it organises its working committees with complete autonomy (it has five), it
freely adopts its Rules of Procedure, it organises its parliamentary groups (at
least 10 MPs form each group) and it votes its budget. It also enjoys the classic
scheme of immunities, incompatibilities and guaranties linked to the
parliamentary function.
247.
The matter of the functional independence and effectiveness of Parliament,
however, gives rise to certain comments and reservations, some of which are
highlighted in the CSAR. Although the National Assembly has a fairly
extensive area of operation under the law, it shares this with the Executive.
This practice is widespread in contemporary states. The fact still remains that
the control of legislative work by parliamentarians is limited in practice by the
weakness of the technical capabilities of deputies and by the constitution,
which entrusts the government with control of the agenda of the National
Assembly.
248.
The president of Burkina Faso may also legislate by way of orders, and upon
the authorisation of Senate, or without the permission of the latter in the event
of an emergency provided for by the constitution. Similarly, he may in certain
circumstances publish the finance bill by way of order. Moreover, the
president of the republic may apply for an additional, second reading of laws
already adopted, and can also submit to a referendum any issues he deems
appropriate. The right of dissolution by the president appears to be an effective
instrument for ensuring submission by any recalcitrant legislature. However,
Parliament, for its part, has no recourse of action against the president. Its
control is limited to that in respect of the government alone, which it hears,
interrogates and challenges, with there being only a slight possibility of
censure in terms of streamlined mechanisms for questioning the government
as to its responsibilities, but especially because of the fact that there is a
majority party and solidarity between the parliamentary majority and the
government. As a result of a ‘parliamentary’ transhumance encouraged by the
presidential party, which has become an ultra-majority, and exacerbated by the
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