EXECUTIVE SUMMARY
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issue of the intrusion of religious and traditional leaders in the electoral
process was raised and condemned.
3.5
With regard to respect for the principle of subjection of the defence and
security forces to civilian authorities, the CRM noted the specific situation
in Burkina Faso where soldiers have shaped the democratic system. The
current situation is, therefore, characterised by a ‘marriage’ between civilians
and the military. The process of ‘civilising’ the system is ongoing and must be
intensified.
3.6
With regard to human rights, the CRM noted the abundance of texts on the
issue. It also noted the absence of political prisoners in Burkina Faso, and the
emphasis on freedom of speech and opinion. However, many difficulties were
mentioned. These were the access to, and the slow functioning of, the justice
system; the human, material and financial capacity of the system; the duality
between modern and customary law; the language in which rulings are made;
illiteracy; and the level of poverty, which does not enable the people to acquire
the services of lawyers.
3.7
With regard to the separation of powers, the CRM noted that the Burkinabe
constitution affirms the principle. However, its practice is ignored. In addition,
the presidential nature of the regime in Burkina reduces the full exercise of
legislative functions and control by Parliament considerably. The
independence of the judiciary also seems affected by the low number of
magistrates elected by their peers to the Supreme Council of the Judiciary, and
by the power given to the minister of justice, the custodian of the seals, to
evaluate magistrates.
3.8
With regard to the public service, the mission commended the reforms aimed
at implementing results-based management; the implementation of new
conditions for recruiting general managers of companies, based on competitive
bidding; and the introduction of computers to the administration. However, the
CRM noted many difficulties about human and material resources, corruption,
absenteeism, and the politicisation of the administration.
3.9
With regard to corruption, the CRM noted that all the stakeholders were
unanimous about the reality and magnitude of the phenomenon. It commended
the fact that the authorities are aware of the seriousness of the phenomenon
and that it is committed to fight it. The CRM, however, noted the following
weaknesses: the lack of an order to implement the law on corruption; lack of
convincing results in the fight against corruption; low levels of civic education
in educational establishments; weaknesses of the control bodies; and nonpublication of the reports of the High Authority for Coordination of the Fight
against Corruption (HACLC). It encourages the creation of an effective
controlling authority.
3.10
With regard to the rights of women, young people and children, the CRM
noted with satisfaction the existence of numerous texts on these different
subjects, forums for the youth, the construction of women’s homes in the
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