CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE _____________________________________________________________________ 240. If such classic principle is not devoid of application in sub-Saharan Africa in view of the magnitude of challenges in the field of governance, the situation that presently prevails in Burkina Faso can only be said to be cyclical. However, it has been adequately demonstrated elsewhere and in Africa that political institutions that are balanced, whose powers are limited by each other and which are accountable to the citizenry are more efficient and are more responsive to the stakes and challenges of sustainable development and the democratisation of the development process. In view of this, there is thus a need to work actively for a better institutional balance among the executive, legislative and judicial branches in Burkina Faso. 241. It is with regard to the requirement of good governance that a decree of 31 August 2005 was promulgated adopting the PNBG. It is understood as a global, integrated and systemic approach to the modernisation and development of public administration based on the bedrock of prospective democratic and integrating dimensions, with the aim being to make Burkina Faso a “capable, intelligent and effective state”. However, this goal cannot be realised in the absence of constitutional reform aimed at strengthening legislative and judicial powers and also providing a constitutional base for certain regulatory and mediatory bodies (CENI and the CSC among others). 242. Executive power is treated under two distinct chapters in the 1991 constitution. Chapter III is devoted to the office of president of Burkina Faso, while Chapter V deals with the government. The executive power is conferred, on the one hand, on the president of the republic, who is head of state and embodies the unity of the nation, and, on the other, on a government appointed by the president of the republic and headed by a prime minister. The chief of the armed forces is in charge of defence and, in respect of the foreign policy of the nation, the president sets the broad policy directions of the nation. The president has the power of grace, the power to sign presidential decrees, the power to conclude and ratify treaties, as well as the power to take regulatory initiatives. He also presides over the Council of Ministers and the CSM. Among other prerogatives emphasising his strong domination of the political scene, he can dissolve the National Assembly, can refer any issue to a referendum and can declare a state of siege and a state of emergency. Each member of the government receives a mission statement early in the year that defines the priorities of action and the conditions under which the quarterly evaluation of results and accountability is to be carried out. 243. The Constitutional Council, as a constitutional court, is seen as the main mechanism for resolving conflicts between the main institutions of the state, including the president of Burkina Faso, the government and Parliament. Its effectiveness, however, remains uncertain – as previously reported (see objective 2 above). The High Court of Justice, on the other hand, is the instrument of punishment in respect of acts of the president of Burkina Faso that constitute high treason, in respect of attempts to undermine the constitution or in respect of misappropriation of public funds. It also presides over crimes or offences committed by members of the government (see also objective 2 above). 121

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