CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE _____________________________________________________________________ revealed the state of dilapidation and under-equipment in several jurisdictions. The magistrates, faced with these difficult working conditions, are particularly vulnerable to all forms of temptation. Consequently, there is a need for a specific anti-corruption mechanism for the judiciary. 262. Generally, the situation with regard to prisons is not much better. Although there have been some recent improvements, the obsolescence of certain establishments must be highlighted, as must poor sanitation and food. There is thus a need to accelerate the implementation of the new policy on prisons. In effect, the judiciary seriously lacks the legal means, is confronted by a situation where it is regarded with suspicion by investors and the business community, and suffers from a certain lack of consideration. With regard to the latter, for instance, there are citizens who prefer to resort to other means such as the gendarmerie or the police, to traditional justice or to family or community mediation and conciliation. It is in this context that the institution of the position of ombudsman for Burkina Faso in 1994 appears to be a very valuable tool. 263. Therefore, we better understand the multiple and legitimate questions about the significance of judicial independence and judicial power in Burkina Faso. Largely a step backwards from the executive and judicial powers, justice has hardly the resources of a background administration. Why is it surprising, then, that a large part of justice is handled by the administrative authority? 264. This is the situation with regard to departmental courts, a situation which, to say the least, is ambiguous. Under the Act of 17 May 1993 on judicial organisation in Burkina Faso, such departments are headed by “the prefect of the department or any officer designated for that purpose, assisted by assessors and a secretary (Section 43)”. The departmental court is competent to issue provisional birth, marriage and death certificates; certificates of inheritance, guardianship and individuality; and other documents concerning the status of individuals. It can also hear civil and commercial matters with a monetary value not exceeding CFAF 100,000; as well as disputes concerning wandering animals; the destruction of fields, cultures or stored crops; and damage to fences (Section 48). 265. Even if one can detect a pragmatic concern for the development of a local justice in rural areas, there is good evidence to indicate that there is a serious limitation to the principle of separation of powers that needs to be removed. Undoubtedly, the idea of mobile courts chaired by a magistrate or judge will reconcile these two requirements. In any event, the CRM stresses the urgent need to continue and strengthen the PANRJ in order to ensure that such system conforms to international standards. The challenge is to develop a favourable business climate, while ensuring legal security of citizens as well as of investments. 126