Under the powers conferred on it, the analysis, validation of the environmental impact
assessment, the monitoring and control of reports as well as the surveillance of Environmental
and Social Management Plans (PGES) constitute an integral part of its activities.
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The Ministry of Water Resources is responsible for ensuring the implementation and
monitoring of government policy in the area of agriculture and water resources. Towards this
end, it is responsible for the :
Development and control of legislation in the area of water and sanitation
Design, implementation and management of water facilities and other water points
(boreholes, wells and dams) ;
Assistance towards the implementation of hydraulic infrastructure by third parties and the
supply of potable water to the population.
251. Generally, the mining companies have their own water reservoirs for purposes of mining.
The companies which do not have may draw water from other reservoirs upon payment of a
compensatory tax.
J. The right to family protection
a) The right to marriage
252. The right to marriage is recognized by the Constitution which stipulates in Article 23 that
“...marriage is based on the free consent of the man and the woman. Any discrimination based
on race, colour, religion, ethnic group, caste, social origin, fortune shall be prohibited under
marriage”. In accordance with this provision, Article 240 of the Personal and Family Code
(CPF) states that there shall be no marriage without the consent of the proposed spouses
expressed at the time of celebration of the marriage. Thus, forced marriages shall be prohibited,
particularly marriages imposed by the families and those resulting from customary rules which
compel the surviving spouse to marry one of the relatives of the deceased. The payment of a
dowry either in cash or in the form of providing a service shall also be prohibited. In the event of
any violation, the offending parties shall be liable to penalties of fines and/or imprisonment in
accordance with Articles 376 and 379 of the Criminal Code.
b) The minimum age required for marriage
253. The minimum age for marriage is fixed by the Personal and Family Code (CPF) at 17
years for girls and 20 for boys, except where a special dispensation is granted for serious reason
by an Order of a Civil Court (Article 238 of the CPF). This disparity in fixing the age for
marriage detrimental to the girl, resulted in the authorities commissioning a study in 2010 on
“the review of the provisions that are discriminatory to the Personal and Family Code of Burkina
Faso” in order to identify and to align the discriminatory provisions of the CPF with regional and
international texts on the rights of women and girls ratified by the country. This study
recommended the review of Article 238 of the afore-mentioned Code to harmonise it with
international conventions.
c) Measures seeking to ensure equality of rights and responsibilities of the spouses during
the marriage and its dissolution
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