CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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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).
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