143. The recognition of the right of association extends to political parties whose number
continues to rise since the beginning of the democratic process in Burkina Faso. In this
regard, the Constitution (Article 13) provides that “political parties and groups shall be freely
formed.”
144. Progress made in the area of elections has shown an increase in the level of participation
with every electoral season. Drawing lessons from previous elections, Burkina Faso has, for
the first time, experimented with the biometric system during the combined municipal and
legislative elections of 2 December, 2012, which were based on a consensual voter’s register,
thereby guaranteeing its security and integrity. Although there is room for improvement, this
innovation led to a participation rate of 73%.
II.
Economic, Social and Cultural Rights and the Principle of Non-Discrimination
in their Enjoyment
145. Economic, social and cultural rights are recognized by the Burkinabe Constitution.
Numerous provisions of the Charter have been factored into the national law. Most of these
enactments were cited as and when each right came up for consideration.
A. Right to Property
a) Legislative and Practical Measures Taken to ensure the peaceful enjoyment of the
Right to Property
146. According to Article 15 of the Constitution, “the right to property shall be
guaranteed…it shall only be waived in cases of public need and after due legal process has
been observed….” The implementing laws of the Constitution have been adopted. Particular
mention can be made of Law No. 034-2009/AN of 16 June, 2009 on the rural land regime
and Law No. 034-2012/AN of 02 July, 2012 on the reorganization of the agrarian and land
system. Among others, they aim at ensuring equitable access for all rural stakeholders,
natural persons and legal entities under public and private law. The peaceful enjoyment of
the right to property is manifested by the action instituted against current disturbances that
have characterized possession. Mention can also be made of action for disturbance of
possession which is a preventive measure. Finally, claims for repossession deals with violent
dispossession. All these actions can be brought before a judge by any interested person.
147. In the event of a compulsory surrender of estate for a public purpose, prior compensation
is paid to the victim, except in emergency situations or in cases of force majeure (Article 545
of the Civil Code). In the event of a public acquisition by the State, provision is also made
for appropriate measures. First, prior investigation is conducted and orders for compensation
are issued. The prior investigation ensures that the concerns and interests of the individual or
enterprise are taken into account. Subsequently, the rights of the concerned person or
enterprise are assessed financially. All this is done in a participatory manner in order to make
a better assessment of the interests of the concerned parties.
b) Status of measures taken to ensure that members of vulnerable and disadvantaged
groups, particularly indigenous populations/communities who have suffered historical
land-related injustices, have an independent access to and use of their lands, be
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