CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE _____________________________________________________________________ The principles of legality and the rule of law, equal protection under the law, the right to have one’s case heard by an independent and impartial court, the presumption of innocence, and so on, are guaranteed by the constitution of Burkina Faso. 169. If, in practice, and in some cases, the rule of law prevails, in others it is unknown partly because of the dysfunctions that affect the judiciary. Such dysfunctionalism often results in breaches of the principles of the independence, impartiality, and the accessibility and efficiency of justice, and can be explained both by the lack of political will and by the scarcity of resources. Moreover, justice where the rule of law remains theoretical is not easily accessible for a large section of the population. The cost of procedures, the geographical remoteness of courts, communication difficulties, delays in dispensing justice, a lack of magistrates, etc., all contribute to this situation. 170. Decentralisation. The process of decentralisation is remarkable for its originality, its pragmatism and its progressiveness. It is founded on the principles of subsidiarity and progressiveness. A rereading of the texts on decentralisation led to the enactment of Law 055-2004/AN pertaining to the CGCT, thereby leading to an era of complete communalisation and regionalisation of the territory. As a result, 13 regions constituting regional hubs of administrative decentralisation and of economic, social, political and cultural development now exist, as well as 302 rural municipalities and 49 urban municipalities. 171. The search for a Burkina ‘way’ to decentralise has been translated into three major features: an inclusive and participatory approach, the prospect of longterm change, and the need to integrate endogenous local dynamics into the process. Overall, the following positive points should be noted: a fairly stable and controlled process of democratic transition, despite some phases of marked tension between the ruling party and the opposition; an electoral timetable that is generally adhered to during fairly well-organised elections; effective freedom of the press and of opinion; a vibrant civil society; as well as the implementation of decentralisation. On the negative side, the following points should be noted: the interpenetration of the majority party and the state with regard to all its institutions and structures; a low voter participation rate (of about 50%); the unlikelihood of political rotation; and the great weakness of the opposition. ii. Conclusions of the CRM 172. Democracy and electoral competition. The CRM welcomes the remarkable progress achieved on the path to democracy since the end of the revolution and the return to civilian and constitutional rule – a process marked by the adoption, as a result of the referendum on 2 June 1991, of a constitution embedding democracy and liberalism (Article V, Article 31 of the constitution). The return to democracy and electoral competition has in itself been a victory for the Burkina Faso nation, given its recent history. Gradually, 98