CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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whatever their political affiliation – who disappear once elected and return
only to solicit their votes by handing out small gifts and electoral gadgets.
254.
Moreover, the weak institutional capacity of the National Assembly, as
admitted to by the MPs themselves, should be criticised. One cannot therefore
avoid the issue of the weakness and decline of Parliament, an issue that is very
present in Burkina Faso. Such weakness and decline encompass the following:
the weakness and under-equipment of the National Assembly; a lack of
offices; MPs who are not always well trained; a lack of consistent
parliamentary support (two assistants for a commission and authorisation to
hire two assistants for a parliamentary group); a poorly trained and highly
politicised administration; the weakness of legislative initiatives; a lack of
executives and experts necessary for effective control of government action;
the slowness of deliberations; the low intellectual and technical quality of
debates; a lack of permanence in parliamentary constituencies; and so on.
255.
The urgency of a programme to restore the prestige of Parliament and
strengthen its capabilities must be stressed. Neither the Strategic Plan for the
Development of Parliament 2004-2014 nor the Special Programme for
Institutional Capacity Building of the National Assembly has so far been able
to resolve the problem in a satisfactory way. While the Special Programme
was launched only in 2007, with a horizon of the year 2010 – and it would
undoubtedly be premature to make an assessment regarding it at this stage –
there is good evidence to indicate that its strengthening and the rigorous
execution thereof are urgently required. It should be noted, however, that the
present legislature is the one that has the highest intellectual level recorded
under the Fourth Republic.
256.
Independence of the judicial power. The independence of the judiciary in
Burkina Faso should be considered generically in terms of the independence of
all courts vis-à-vis other powers. This allows one to consider proper courts
such as the Audit Office and the State Council, in addition to the Court of
Annulment and lower courts. The case of the Constitutional Council has
already been addressed.
257.
The independence of judges is provided for at the normative level by texts of
great importance, such as by the constitution (Article 129: ‘The judiciary is
independent’) and by several laws on the CSM, on the status of the judiciary,
and on the Constitutional Council, the State Council and the Supreme Court,
including the new status of members of the Supreme Court that is now being
adopted. The constitution provides that “the judicial power is entrusted to the
judges”. Magistrates are generally not subject to a mandate that limits the
period of performance of their duties. They are appointed and, in principle,
like sitting judges, have security of tenure. This is one of the criteria
commonly accepted by all legal systems, in particular as regards judges. This
thus testifies to the independence of the judiciary in the country, an
independence that is enshrined in Article 130 of the constitution of Burkina
Faso.
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