EXECUTIVE SUMMARY
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7.24
Legal insecurity in the rule of law. Legal insecurity presupposes the
protection of the rights of individuals in the face of the arbitrary nature and
unpredictability of public authorities. These rights include the right to legal
identity (record of civil status), which makes the individual a particular being
by conferring on him or her rights, but also obligations. Also, true citizenship
is acquired through a legal act which enables the individual to exercise his or
her rights and assume responsibility for his or her actions. According to the
2006 general population census, the rate of birth registrations is 59%. In other
words, more than four out of every 10 Burkinabe are not registered at the birth
and death registry.
7.25
Without a legal identity, the individual cannot move around freely (freedom of
movement), nor exercise his or her voting rights (freedom of choice), nor set
up a trade or create a company (freedom of entrepreneurship), nor have access
to basic social services (apply for a title deed or inherit property), nor open a
bank account and find employment (right to employment), nor legally form a
union (right to marry). In other words, the civil status act is an inalienable
right of the human being. Consequently, it is the responsibility of the state to
take all appropriate measures to ensure the full guarantee of this right so that
every Burkinabe is able to get a legal identity.
7.26
The present provision of identification, which uses mobile kits that have been
adapted to the rural areas, seems inadequate given the magnitude of the
phenomenon. The public authorities urgently need to: (i) organise the mobile
courts; (ii) establish special birth registration centres in hospitals and maternity
homes; (iii) implement a public sensitisation programme; (iv) computerise the
services that produce birth certificates and temporary birth certificates; and (v)
appoint birth registration services agents who are better trained, and who have
irreproachable professional and moral abilities, and provide them with
adequate resources to accomplish their mission.
7.27
The issue of e-governance. The problem of Burkina’s isolation tends to
conceal assets related to its central geographical position in West Africa. With
the national cyberstrategy, some of the present bottlenecks that are mortgaging
the global opening up and international influence of Burkina would be
eliminated.
7.28
The national cyberstrategy is aimed at contributing to enhance, strengthen,
deepen and improve the democratic processes. However, in order for modern
information technology to become an effective tool for promoting good
governance, it should be based on an affirmed will to: (i) create the conditions
to ensure the participation of the citizens in decision making that is more direct
and open, so as to facilitate a much wider influence of the citizens on the
results expected from the policies; (ii) establish institutions and procedures
that promote the enjoyment by all citizens of their right to information; and
(iii) enhance the transparency and imputability of all practices and processes
that constitute the public space. The efforts of the country have not yet
achieved these results.
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