CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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225.
Aware of these shortcomings, the government implemented the National
Action Plan for Judicial Reform (PANRJ) with the support of TFPs, with such
plan covering the period 2002 to 2006. This was followed by a plan of
consolidation for the period 2007 to 2009 aimed at enhancing the effectiveness
of the services of justice and maximising the gains of PANRJ 2002-2006.
226.
These plans, one purpose of which is to bring justice to the citizen, have, inter
alia, allowed for the construction of major infrastructure, for an increase in
court equipment and for the recruitment of new judges. Of the 15 courts whose
construction was planned in the PANRJ 2002-2006, five have already been
completed. For the period 2007 to 2009, the target will be to complete the
remainder and add five more courts to the six provided for in the original
programme, making a total of 11 courts (Court of First Instance – TGI). As
regards human resources, the government has, since 2001, increased the
number of judges recruited each year from 15 in 1995 to 30. At the same time,
ongoing training is provided for judges to increase their efficiency.
227.
In each jurisdiction, there is a reception centre where staff of the centre
educate citizens. In order to ensure equal access to justice for all citizens, the
principle of gratuitous justice is proclaimed by the constitution and is
confirmed by the civil and criminal procedure codes. To give concrete form to
this principle, the law (on judicial organisation) provides legal assistance for
people who are not able to meet the costs of trial. However, this system is not
yet functioning, for the structures responsible for its administration have not
yet been implemented.
228.
Despite the efforts made by the government, access to justice continues to be
problematic for the citizens of Burkina Faso. Objective 2 of the PANRJ, which
entails expanding access to justice, had an average achievement rate of 37%.
With regard to the individual components of the objective, the achievement
rate was only:
229.
116
•
55% with regard to the dissemination of information and the promotion of
communication in the field of justice;
•
75% with regard to the dissemination of information, the promotion of
communication and the provision of education on human rights;
•
6% with regard to the creation of new infrastructure; and
•
11% in respect of the rehabilitation and management of premises housing
judicial services.
There are also other recurrent problems:
•
Human and financial resources are inadequate.
•
The institutional capacity of the courts is weak. The courts are underequipped and there are insufficient staff members. Moreover, inadequate
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