CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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hunger for power, the ‘presidential parties’ control all the levers of
parliamentary action.
249.
This collusion, combined with a weak institutional capacity with regard to
national representation, endangers, in a lasting way, the function of
parliamentary control, which has become the most important function of the
National Assembly. The constitution, in Article 105, does however assign it a
strong role to this effect, with the assistance of the Audit Office. The CRM has
noted that Parliament asks many written, oral and topical questions on various
issues and has set up several fact-finding missions and commissions of
investigation, which, in view of the rather lengthy and complex procedure,
need to be reviewed. In addition, reports on the activities of the National
Assembly are published regularly. The CRM has also noted with satisfaction
the introduction of an annual meeting with local elected representatives, to the
extent that there is now an annual Parliament and a civil society forum.
250.
On the other hand, the situation of the opposition and the issue of the
definition of the role of the leader of the opposition remain issues of great
concern. Although a law on the status of the opposition was adopted in 2001,
it has not been possible to apply such law satisfactorily as a result of the
ambiguous definition of the role of the opposition and its leader, and given the
specific nature of the regime and of the supporter process in Burkina Faso.
Under the law, the leader of the opposition is the leader of the party with the
highest number of MPs after the majority party. However, the question that
must be asked is what happens when such party chooses to join the
government majority that has become part of the presidential group, as was
found by the CRM on the occasion of its visit?
251.
The unfairness of the partisan and electoral game and the overly strong
attraction of the presidential group have contributed to the destruction and
dismantling of the opposition (41 MPs in the previous legislature as opposed
to 15 MPs at best within the present National Assembly totalling 111 MPs), to
the extent that the opposition no longer constitutes a counterweight to the
presidential group, which has become too significant. The real opposition
numbers less than one-fifth of MPs required for referral of a matter to the
Constitutional Council. Thus the viability of a constitutional democracy
without real opposition has to be questioned.
252.
The mission welcomes Parliament’s willingness to reopen the debate on the
question of reviewing the rules of the democratic process in order to ensure
greater transparency and fairness. It believes, however, that the legislature
does not constitute a satisfactory framework for the negotiation of a
consensual solution; hence the need for a framework of wider consultation, the
findings of which would be ratified through the legislative process.
253.
In any event, the parliamentary opposition is well represented in the bureau
and in all bodies of the National Assembly. This also applies to women (who
number 16). The CRM recorded during its work on the ground that the
population considers that it is not adequately represented by its MPs –
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