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Constitution of Burkina Faso: June 11, 1991 (as Amended to November 5, 2015) (Burkina Faso [bf])

Constitution of Burkina Faso: June 11, 1991 (as Amended to November 5, 2015) (Burkina Faso [bf])

© 2017 Oxford University Press
 

Preamble

We, the Sovereign People of Burkina Faso,

CONSCIOUS of our responsibilities and of our rights before history and before humanity;

STRENGTHENED by our democratic achievements;1

DETERMINED to preserve these achievements and driven by the desire to build a State based on the rule of law which guarantees the exercise of collective and individual rights, liberty, dignity,2 security, well-being, development, equality and justice as the fundamental values of a pluralist progressive society free of all forms of prejudice;

REAFFIRMING our attachment to the struggle against any form of domination as well as to the democratic3 legitimacy of power;

REAFFIRMING the republican character of the Defence and Security Forces4;

DETERMINED to promote integrity, probity, transparency, impartiality and accountability as republican and ethical values necessary to restore decency to the Nation5;

RECOGNISING customary and traditional chieftaincy as a moral authority and repository of customs and traditions in our society6;

RECOGNISING that gender mainstreaming is a factor for achieving equal rights for men and women in Burkina Faso7;

ASPIRING to the economic and political integration with other African peoples, with a view to building federal unity in Africa;

SUBSCRIBING to the Universal Declaration of Human Rights of 1948 and to the international instruments dealing with economic, political, social and cultural questions;

REAFFIRMING solemnly our commitment to the African Charter on Human and Peoples’ Rights of 1981;

CONSIDERING our attachment to democratic values and principles as enshrined in particular in the African Charter on Democracy, Elections and Governance of 30 January 2007 and in the ECOWAS Protocol A/SP1/12/01 of 21 December 2001 on Democracy and Good Governance8;

DESIROUS of promoting peace, international co-operation, the peaceful settlement of disputes between States, in justice, equality, freedom and the sovereignty of peoples;

CONSCIOUS of the absolute necessity of protecting the environment;

PPROVE AND ADOPT the present Constitution of which this preamble is an integral part.

Title I  Fundamental Rights and Duties

Chapter I  Civil Rights and Duties

Article 1 

All Burkinabe are born free and equal in rights.

Every person is equally entitled to enjoy all the rights and freedoms guaranteed by the present Constitution.

Discrimination of all kinds, notably those founded on race, ethnicity, region, color, sex, language, religion, caste, political opinion, economic status and birth, are prohibited.

Article 2 

The protection of life, security, and physical integrity are guaranteed.

Slavery, practices associated with slavery, inhuman and cruel, degrading and humiliating treatment, physical or moral torture, cruelty to and abuse of children, and all forms of human degradation are forbidden and punished by law.

Article 3 

No one may be deprived of his liberty unless he is prosecuted for acts specified and punishable by law.

No one may be arrested, detained, deported or exiled except in accordance with the law.

Article 4 

All Burkinabe and every person living in Burkina Faso will enjoy equal protection under the law. Every person has the right to be heard by an independent and impartial court.

Any accused person will be presumed innocent until proven guilty.

The right of defence, including the right to freely choose a defence lawyer, will be guaranteed before all courts.

Article 5 

No one may be prevented from committing an act that is not forbidden by law, and no one may be compelled to commit an act that is not required by law.

Criminal Law is not retroactive. No one may be tried and punished except by virtue of a statute promulgated and published prior to the punishable act.

Punishment will be personal and individual.

Article 6 

Every person’s residence, domicile, private and family life, and their right to privacy of correspondence are inviolable.

These may only be infringed upon in the forms and in the cases specified by law.

Article 7 

Freedom of belief, non-belief, conscience, religious or philosophical opinion, worship, assembly, the freedom to practice customs as well as the freedom to carry out marches and demonstrations are guaranteed by this Constitution, subject to respect for the law, public order, good morals and the human person.

Article 8 

Freedom of opinion and of the press, and the right to information is guaranteed.

Every person has the right to express and to disseminate his opinions subject to existing laws and regulations.

Article 9 

The free movement of persons and of goods, the free choice of residence and the right of asylum are guaranteed subject to existing statutes and regulations.

Article 10 

Every Burkinabe will be required to contribute to national defence and the preservation of territorial integrity.

He will perform national service when required.

Chapter II  Political Rights and Duties

Article 11 

All Burkinabe will enjoy civil and political rights in accordance with the law.

Article 12 

All Burkinabe without distinction have the right to participate in the management of the affairs of the State and of Society.

To this end they have the right to elect and be elected under conditions established by law.

Article 13 

Political parties and groups will be freely established.

They will contribute to stimulating political life, to informing and educating the people, as well as to expressing the right to vote.

They will conduct their activities freely with due regard for the law.

All political parties and groupings will be equal in rights and duties.

However, tribal, regional, religious, or racist political parties or groups will not be permitted.

Article 13.1 9

Independent candidates may take part in any election.

Chapter III  Economic Rights and Duties

Article 14 10

Natural wealth and resources belong to the people. They will be used to improve their living conditions, on the basis of sustainable development.

Article 15 

The right to property is guaranteed. It will not be exercised to the detriment of society or in a manner that threatens the security, liberty, existence or property of other persons.

It may only be infringed for reasons of public necessity determined in a legally recognised procedure.

No person will be denied this right except for reasons of public necessity and subject to just compensation determined in accordance with the law. Compensation must precede expropriation, except in cases of emergency or force majeure.

Article 16 

Freedom of enterprise is guaranteed in the framework of existing laws and regulations.

Article 17 

Everyone will fulfill their fiscal obligations in accordance with the law.

Chapter IV  Social and Cultural Rights and Duties

Article 18 11

This Constitution recognises and promotes the following social and cultural rights: education, clean water and sanitation, training, work, social security, housing, energy, sports, leisure, health, protection of mothers and children, assistance to the aged, the disabled and persons in need, and artistic and scientific creativity.

Article 19 

Everyone has an equal right to work.

There will be no discrimination in employment and remuneration, in particular on the grounds of sex, skin colour, social origin, ethnicity or political opinion.

Article 20 

The State will ensure the continuous improvement of working conditions and the protection of employment.

Article 21 

Freedom of association is guaranteed. Every person has the right to establish associations and to participate freely in the activities of established associations. The functioning of the associations must comply with existing laws and regulations.

The free activity of trade unions is guaranteed. Trade unions will operate without constraint and without limitations other than those specified by law.

Article 22 

The right to strike is guaranteed. It will be exercised in accordance with existing laws.

Article 23 

The family is the basic unit of society. The State has the duty to protect it.

Marriage will be based on the free consent of a man and a woman. There will be no discrimination based on race, skin colour, religion, ethnicity, social origin or financial status.

Children are equal in rights and in duties in their family setting. Parents have the natural right and duty to bring up and to educate their children. The latter owe them respect and assistance.

Article 24 

The State will endeavour to promote the rights of the child.

Article 25 

The right to bequeath one’s property through inheritance or gifts will be recognised in accordance with existing laws and regulations.

Article 26 

This constitution recognises the right to health. The State will endeavour to promote it.

Article 27 

Every citizen has the right to education.

Public education will be secular.

This Constitution recognises private education. The conditions of its exercise will be determined by law.

Article 28 

Intellectual property will be guaranteed by law.

Creative freedom and artistic, scientific and technical output will be protected by law.

The manifestation of cultural, intellectual, artistic and scientific activity will be free and will be exercised in accordance with current legislation.

Article 29 

Every person has the right to a healthy environment; everyone has the duty to protect, defend and promote the environment.

Article 30 

Every citizen has the right to initiate or join a collective petition against acts which:

  • –  damage public property;

  • –  harm the interests of social communities;

  • –  negatively affect the environment or cultural or historic heritage.

Title II 12 State and National Sovereignty

Article 31 

Burkina Faso is a democratic, unitary and secular State.

Faso is the republican form of the State.

Article 32 13

National sovereignty vests in the people, who exercise it subject to the provisions of this Constitution and applicable legislation.

Article 33 

Suffrage will be direct or indirect and be exercised in accordance with the law.

Direct suffrage will always be universal, equal and secret.

Article 34 14

National symbols are an emblem, a coat of arms, a national anthem and a motto.

The emblem is the tricolor flag, in rectangular and horizontal form, with red and green and a five-pointed yellow gold star in its centre.

The coat of arms as well as the meaning of its constituent elements will be determined by law.

The national anthem is Di-Taa-Niyè, song of victory and salvation.

The motto is: UNITY—PROGRESS—JUSTICE.

Article 35 

The official language is French.

The law lays down the procedures for promoting and granting official status to national languages.

Title III  The President of Burkina Faso

Article 36 

The President of Burkina Faso is the Head of State.

He ensures respect for the Constitution.

He determines the broad guidelines of State policy.

He embodies and preserves national unity.

He is the guarantor of national independence, territorial integrity, the existence and continuity of the State, and respect for agreements and treaties.

Article 37 15

The President of Burkina Faso is elected for a five-year term by universal, direct, equal and secret suffrage.

He may be re-elected only once.

On no account may any person serve more than two terms as President of Burkina Faso, either consecutively or intermittently.

Article 38 16

Every candidate for election as President of Burkina Faso must be Burkinabe by birth, be at least thirty-five and at most seventy-five years of age on the date of submitting their candidature and must fulfill the conditions required by law.

Article 39 

The President of Burkina Faso is elected by an absolute majority of votes cast.

If this majority is not obtained in the first ballot, a second round of voting will take place fifteen days later. Only the two candidates with the highest number of votes in the first ballot will have the right to present themselves in the second round of voting, taking into account, if applicable, the withdrawal of candidates with fewer votes; the President of Burkina Faso will be elected in this round by simple majority.

Article 40 

Elections are held not less than twenty-one days and not more than forty days before the expiry of office of the President-in-office.

Article 41 

The procedure, conditions for eligibility and submission of candidatures in the presidential elections, the organisation of the elections, counting of votes and proclamation of results are determined by statute. It will stipulate all necessary conditions for free, honest and fair elections.

Article 42 

The functions of President of Burkina Faso are incompatible with the exercise of any other national elected office, public service employment and professional activity.

The provisions of Articles 72, 73, 74 and 75 of this Constitution apply to the President of Burkina Faso.

Article 43 17

In the event of temporary incapacity, the powers of the President of Burkina Faso will provisionally be exercised by the Prime Minister.

In case of vacancy of the Presidency of Burkina Faso for any reason whatsoever, or of absolute or permanent incapacity declared by the Constitutional Council upon the request of the Government, the functions of the President of Burkina Faso will be exercised by the President of the National Assembly. A new President will be elected for a new term of five years.

The election of the new President will take place not less than thirty days and not more than sixty days after the official declaration of the vacancy or permanent incapacity. 

Articles 46, 49, 50, 59 and 161 of this Constitution are never applicable during the vacancy of the Presidency.

Article 44 18

Before assuming his functions, the elected President will take the following oath before the Constitutional Council: “I swear before the people of Burkina Faso and on my honor to preserve, respect, enforce observance of and defend the Constitution and the law, and to do everything to guarantee justice for all the inhabitants of Burkina Faso.”

In the course of the inauguration ceremony the President of Faso will submit a written declaration of his assets to the President of the Constitutional Council.

The President of the Constitutional Council will transmit a copy of the declaration to the Higher Audit and Anti-Corruption Authority within seven days.

This declaration will be published in the Official Gazette within fifteen days.

Article 45 19

The Civil List of the President of Burkina Faso will be determined by law.

A pension system for former Presidents will establish a pension service for former Presidents.

Article 46 20

The President of Burkina Faso appoints the Prime Minister from the majority in Parliament and terminates his functions either when the latter tenders his resignation or when he deems it necessary for higher national interest.

At the suggestion of the Prime Minister, he appoints the other members of the Government and terminates their appointment.

Article 47 

The President of Burkina Faso chairs the Council of Ministers. The Prime Minister acts as his substitute in accordance with the terms of this Constitution.

Article 48 21

The President of Burkina Faso will promulgate an Act of Parliament within twenty-one days following the transmission of the final adopted text. This period will be reduced to eight days in case of emergency declared by the National Assembly.

The President of Burkina Faso may, within the promulgation period, request a second reading of the Bill or some of its sections; such a request will not be refused. This procedure suspends the promulgation period.

If it fails to be promulgated within the required period, the Act will enter into force automatically following an order of the Constitutional Council.

Article 49 22

The President of Burkina Faso may, after consultation with the Prime Minister and the Speaker of the National Assembly, submit any draft legislation on a question of national interest to a referendum.

Once adopted, he will promulgate the said legislation within the time limit provided for in Article 48.

Article 50 23

The President of Burkina Faso may, after consultation with the Prime Minister and the Speaker of the National Assembly, dissolve the National Assembly.

In case of dissolution, legislative elections will take place not less than thirty days and not more than sixty days after the dissolution.

No further dissolution will take place within one year following these elections.

The dissolved National Assembly may not sit.

However, the term of its members will only expire when the term of the new National Assembly members is approved.

Article 51 24

The President of Burkina Faso will communicate with the National Assembly either in person or by messages which he will cause to be read by the Speaker of the National Assembly. When not in session, the National Assembly will be convened specially for this purpose.

Article 52 25

The President of Burkina Faso is the Commander-in-Chief of the National Armed Forces; in this capacity, he chairs the Higher Security Council.

He appoints the army Chief of Staff.

Article 53 26

The President of Burkina Faso will communicate with the Higher Council of the Judiciary, either in person or by messages to be read by the President of the Higher Council of the Judiciary.

Article 54 

The President of Burkina Faso has the power to grant pardons. He proposes amnesty laws.

Article 55 27

The President of Burkina Faso makes senior civil service and military appointments, as well as appointments in strategic companies and firms as determined by law.

He accredits ambassadors and envoys extraordinary to foreign powers and international organisations.

Foreign ambassadors and envoys extraordinary are accredited to him.

He appoints the Grand Chancellor of Burkinabe Orders.

A law determines the functions or posts which the power of appointment of the President of Faso is exercised after the opinion of the National Assembly, as well as the modalities and effects of this consultation.

Article 56 

A law will determine the other presidential appointments to be made by the Council of Ministers, as well as the regulation of the Presidential power of appointment.

Article 57 

Acts of the President of Burkina Faso other than those provided for in Articles 46, 49, 50, 54 and 59 will be countersigned by the Prime Minister and, where necessary, by relevant Ministers.

Article 58 

The President of Burkina Faso decrees a state of siege and a state of emergency after deliberation by the Council of Ministers.

Article 59 28

When the institutions of Burkina Faso, the independence of the Nation, the integrity of its territory, or the execution of international obligations are under serious and immediate threat, and/or when the regular functioning of constitutional authorities or institutions is interrupted, the President of Burkina Faso will take measures required by these circumstances, after deliberation by the Council of Ministers and after official consultation with the Speaker of the National Assembly and the Constitutional Council. He will inform the Nation by message of such measures. Under no circumstances may he request the intervention of foreign armed forces in a domestic conflict. The National Assembly cannot be dissolved during an emergency period.

Article 60 

The President of Burkina Faso may delegate some of his powers to the Prime Minister.

Title IV  The Government

Article 61 

The Government is an organ of the Executive.

It conducts national policy; in this capacity, it will compulsorily deal with:

  • –  draft international agreements;

  • –  Government bills and private members’ bills;

  • –  draft regulations.

The administration as well as the Defence and Security Forces are at its disposal.

Article 62 29

The Government is accountable to Parliament in accordance with the terms and procedures set out in this Constitution.

Article 63 30

The Prime Minister is the Head of Government; in this capacity, he directs and coordinates government activity.

He is responsible for executing national defence policy defined by the President of Burkina Faso.

He exercises the power of regulation in accordance with the law, ensures the execution of laws, makes civil and military appointments other than those that fall within the competence of the President of Burkina Faso.

Within thirty days of his appointment, the Prime Minister will make a general policy statement to the National Assembly.

This policy statement will be followed by debate and a vote.

The adoption of this policy statement will be considered as investiture.

If the general policy statement is not approved by an absolute majority of the members of the National Assembly, the President of Burkina Faso will dismiss the Prime Minister within eight days.

He will appoint a new Prime Minister in accordance with the provisions of Article 46 above.

Article 64 

The Prime Minister chairs the Council of Ministers by delegation and for a specific agenda.

Article 65 

The Prime Minister determines the powers of members of Government. These powers are defined by decision in the Council of Ministers.

Article 66 

Decisions of the Prime Minister will be countersigned, where necessary, by the members of Government charged with their execution.

Article 67 

The Prime Minister may delegate some of his powers to members of Government.

Article 68 

Members of Government are accountable to the Prime minister for their respective departments. They are jointly responsible for the decisions of the Council of Ministers.

Article 69 

A vacancy in the post of Prime Minister will automatically terminate the appointment of the other members of Government. In this case, the latter will manage the current business until the formation of a new Government.

Article 70 

The function of member of Government is incompatible with the exercise of any parliamentary office, paid professional activity, and professional representation.

However, professional representation of an international nature is possible with prior Government approval.

Article 71 

Every person appointed to a ministerial office is entitled to a secondment or the suspension of his employment contract, as the case may be.

Article 72 

Members of Government will not expose themselves to any situation likely to create conflict between their official duties and their private interests.

Article 73 

Members of the Government will not, directly or indirectly, buy or lease any State property for the duration of their appointment. Exceptions to this rule will be determined by law.

They will not participate in procurement and tenders by Government or by institutions which are part of or controlled by the State.

Article 74 

No member of Government will use his position to make a profit, or directly or indirectly use information which has been provided to him for personal purposes.

Article 75 

The provisions of Article 73 will continue to apply to members of Government for six months following the end of their appointment.

The provisions of Article 74 will continue to apply to members of Government for two years following the end of their appointment.

Article 76 

Every member of Government is answerable before the High Court of Justice for crimes and misdemeanors committed in the exercise of his functions.

Article 77 31

Members of Government are obliged to submit a list of their assets to the Constitutional Council at the beginning and at the end of their term of office.

This obligation extends to all Heads of institutions provided for by the Constitution as well as to others on a list which will be established by law.

Title V  Parliament

Article 78 32

Parliament will consist of a single House with the name “National Assembly”.

Article 79 33

Members of the National Assembly will carry the title “Member of Parliament”.

Article 80 34

Members of Parliament will be elected by universal direct, equal and secret suffrage. They exercise legislative power.

Every person elected Member of Parliament is entitled, where necessary, to a secondment or a suspension of his employment contract, as the case may be.

Article 81 35

The term of Parliament will be five (5) years.

However, notwithstanding the paragraph above and in case of force majeure or necessity as established by the National Assembly by an absolute majority of its Members, the term of the legislature may be extended until the term of new Members of Parliament is validated.

No extension may exceed one year.

Article 82 36

The law will determine:

  • –  the electoral constituencies;

  • –  The number of seats and their allocation by constituency;

  • –  the electoral system;

  • –  the conditions for election and replacement through new elections, in case of vacancy in the parliamentary seat, as well as the grounds for disqualification and incompatibility;

  • –  the status of Members of Parliament and the amount of their allowances.

Article 83 

No partial elections may take place during the third trimester of the Parliamentary term.

Article 84 37

The National Assembly will enact statutes, approve taxes and monitor Government activity in conformity with the provisions of this Constitution.

Article 85 38

Every Member of Parliament is a representative of the Nation.

Any imperative mandate is void.

However, any Member of Parliament who resigns freely from his party or political party, or who loses his status as an independent by becoming a member of a political party or movement, will forfeit his parliamentary seat. He will be replaced in accordance with the law.

All Members of Parliament have the right to vote. Members’ right to vote is personal. However, proxy voting is permitted where a Member of Parliament is justifiably absent. No Member of Parliament may cast more than one proxy vote.

Article 86 39

The National Assembly declares the validity of the election of its members, notwithstanding the control exercised by the Constitutional Council to ensure the proper conduct of the election.

It will establish its rules of procedure.

Article 87 40

The National Assembly will sit as of right in two ordinary sessions every year, upon being summoned by its President.

The length of each session will not exceed ninety days.

The first session will open on the first Wednesday of March and the second on the last Wednesday of September. If the first Wednesday of March or the last Wednesday of September is a public holiday, the session will open on the first working day which follows.

Article 88 41

The National Assembly will meet in extraordinary session upon being convened by its Speaker, at the request of the Prime Minister or by an absolute majority of Members of Parliament to debate a specific agenda. The extraordinary session will close once all the items on the agenda have been dealt with.

Article 89 42

The sessions of the National Assembly will be public.

However, the National Assembly can meet in closed session at the request of the Prime Minister or of one third of Members of the National Assembly.

Article 90 43

Except in the case of force majeure declared by the Constitutional Council, the deliberations of the National Assembly will only be valid if they take place at its seat.

Article 91 44

The National Assembly is headed by a Speaker assisted by a Bureau. The Speaker of the National Assembly will be elected for the duration of the Legislature by absolute majority of Members of the National Assembly in the first ballot, and by simple majority in the second ballot. He can be re-elected only once.

Under no circumstances may a person serve more than two terms of office as Speaker of the National Assembly, consecutively or intermittently.

Members of the Bureau will be elected for a renewable one-year term. However, their functions may be terminated during the Legislature at the request of two-fifths and after a vote by an absolute majority of the Members of the National Assembly.

“Absolute majority” means more than half of the votes.

Article 92 45

In the event of a vacancy in the position of Speaker of the National Assembly by death, resignation or for any other cause, the National Assembly will elect, under the conditions set out in Article 91 above, a new President within fifteen days following the vacancy if it is in session. If not, it will meet in extraordinary session under the conditions laid down in the Rules of Procedure.

Article 93 46

The Assembly will enjoy financial autonomy.

The Speaker of the National Assembly will manage the funding allocated for its functioning.

The President will be accountable to the National Assembly for this financial management. The latter may vote him out of office by a three-fifths majority for grave errors in his financial management.

Article 94 47

Every Member of Parliament who is appointed to a high office will be replaced in the Assembly by his substitute. The list of high offices will be determined by statute.

If he ceases to exercise the functions of his high office before the end of the first half of Parliament at the latest, he may retake his seat; beyond that date, he may only retake his seat at a later date if it falls vacant due to the death or resignation of his substitute.

Article 95 48

No Member of Parliament will be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties.

Article 96 49

Except in the case of flagrante delicto, no Member of Parliament will be prosecuted or arrested for a criminal offence or misdemeanor, except with the authorisation of at least one-third of the Members of the National Assembly when it is in session, or of the Bureau of the National Assembly when it is not.

Article 96.1 

Parliamentary opposition has the right, once a year, to introduce a draft resolution for the establishment of a parliamentary commission of inquiry and to preside over it.

This parliamentary commission of inquiry is open to members of other parliamentary groups.

The procedure and conditions for the establishment of the said parliamentary commission of inquiry will be governed by the Rules of Procedure of the National Assembly.

Title VI  Delimitation of Legislative and Regulatory Matters

Article 97 50

Legislation is a measure deliberated upon by the National Assembly and promulgated in accordance with the rules.

Legislation on which the Constitution confers the character of Institutional Act is a measure deliberated upon by the National Assembly concerning the organisation or the functioning of institutions. It will be adopted by absolute majority and promulgated after declaration of its conformity with the Constitution by the Constitutional Council.

Finance Laws are Institutional Acts.

Members of Parliament and the Government will have equal rights to initiate legislation.

Draft legislative texts submitted by Members of Parliament will be known as “Private Members’ Bills” and those submitted by the Government as “Government Bills”.

Private Members’ Bills and Government Bills will be debated in the Council of Ministers before they are transmitted to the Bureau of the National Assembly.

Article 98 51

The people will initiate legislation by way of a petition consisting of a written proposal signed by at least fifteen thousand (15,000) persons with the right to vote as determined by law.

The petition will be submitted to the Bureau of the National Assembly.

Members of the National Assembly and the Government have the right to amendment legislation, regardless of its origin.

Article 99 

An Ordinance is an act signed by the President of Burkina Faso, after deliberation by the Council of Ministers, on matters reserved to regulation by statute and those provided for in Articles 103, 107 and 119 of the present Constitution. It will enter into force upon its publication.

Article 100 

An ordinary decree is an act signed by the President of Burkina Faso and by the Prime Minister following consultation with the Council of Ministers; it is countersigned by the relevant member or members of Government.

Article 101 52

The law will determine the rules concerning:

  • –  citizenship, civic rights and the exercise of public freedoms;

  • –  obligations imposed for the purposes of national defence;

  • –  nationality, the status and capacity of persons, matrimonial property régimes;

  • –  inheritance and donations;

  • –  the procedure for establishing and harmonising customs with the fundamental principles of the Constitution;

  • –  gender mainstreaming;

  • –  the determination of crimes and misdemeanours as well as the penalties they carry, criminal procedure, amnesty;

  • –  the organisation of ordinary and administrative courts and the procedures before these courts, the status of members of the Judiciary, ministerial officers and auxiliary staff of the Judiciary;

  • –  the base, rates and methods of collection of all types of taxes;

  • –  the issuing of currency;

  • –  government funding and financial undertaking;

  • –  the electoral system of the National Assembly and local assemblies;

  • –  nationalisation of companies and the transfer of ownership of companies from the public to the private sector;

  • –  setting up categories of public institutions;

  • –  state of siege and state of emergency;

  • –  electoral districts;

  • –  the number of seats and their distribution;

  • –  the method of voting;

  • –  the conditions of election and, in the event of a vacancy, replacement by new elections, as well as provisions concerning ineligibility and incompatibility;

  • –  the status of Members of Parliament and the amount of their allowances;

The law will also lay down the basic principles for:

  • –  the protection and promotion of the environment, and sustainable development;

  • –  the drafting, execution and monitoring of national development plans and programmes;

  • –  the protection of freedom of the press;

  • –  the general organisation of public administration;

  • –  the general status of the civil service;

  • –  the organisation of national defence;

  • –  education and scientific research;

  • –  the adoption of national cultural values;

  • –  systems of ownership, property rights and civil and commercial obligations;

  • –  employment law, Trade Union law and the law of social institutions;

  • –  the sale and management of state property;

  • –  the penitentiary system;

  • –  co-operatives and savings institutions;

  • –  the organisation of production;

  • –  transport and communications systems;

  • –  the self-government of territorial communities, their powers and revenue.

Article 102 

The Finance Act will determine the annual revenue and expenditure of the State. The Finance Bill must make provision for the revenues necessary to cover the total expenditure.

Article 103 53

The National Assembly will vote on Finance Bills and other Bills in accordance with the conditions laid down by law.

The Finance Bill will be submitted to the National Assembly at the very beginning of the second ordinary session.

The provisions of the Bill may be put into force by ordinance if the Assembly has not taken a decision before the end of the session and if the fiscal year is coming to an end. In such a case the Government will convene an extraordinary session in order to ask for ratification. If the budget is not adopted at the end of the extraordinary session, it will be established definitively by ordinance.

If the Finance Bill could not be submitted in time for adoption and promulgation before the start of the fiscal year, the Prime Minister will request, as a matter of urgency, the authorisation of the National Assembly to re-institute the budget of the preceding year by provisional twelfths.

Article 104 

When circumstances so require, the Government will ask Parliament to adopt Rectifying Financial Acts in the course of the execution of the budget.

Article 105 54

The National Assembly will settle the accounts of the Nation in accordance with the modalities provided for in the Finance Act.

To this end, it will be assisted by the Court of Auditors, which will be responsible for all inquiries and studies relating to the collection of revenue and the execution of public expenditure or the management of the national treasury, local and regional authorities, administrative bodies or institutions which form part of or are under the control of the State.

Article 106 55

The National Assembly will sit as of right in the case of a state of siege, if it is not in session. The state of siege may only be extended beyond fifteen days with the authorisation of the National Assembly.

Declaring war and sending troops or military observers abroad will be authorised by the National Assembly.

Article 107 56

In order to implement its programme of action, the Government may ask the National Assembly to authorise it, for a limited period, to take measures by ordinance that are normally the preserve of statute law.

Ordinances will be issued in the Council of Ministers, after consultation with the Constitutional Council. They will come into force upon their publication, but will lapse if a Ratification Bill is not tabled before the National Assembly by the date set by the Enabling Act.

At the end of the period referred to in the first paragraph of this Article, ordinances may be amended solely by an Act of Parliament with regard to those provisions which are governed by statute law.

Article 108 

Matters other than those that fall under the scope of statute law will be matters for regulation.

Title VII 57 Relations Between the Government and the National Assembly

Article 109 58

The Prime Minister will have access to the National Assembly. He may charge a member of Government to represent him before the National Assembly; the Prime Minister may be assisted, in debates or in commission, by members of Government, advisers or experts of his choice.

The Prime Minister will inform Members of Parliament of the state of the Nation at the opening of the first session of the Assembly.

This presentation will be followed by debate but may not give rise to any vote.

Article 110 59

Members of Government will have access to the National Assembly, to its commissions and consultative organs. They may ask for the assistance of advisers or experts.

Article 111 60

During sessions, at least one sitting per week is dedicated to questions from Members of the National Assembly and to answers from the Government.

The National Assembly may ask the Government questions concerning current events, written or oral questions, with or without debate.

Oral or topical questions concerning general Government policy will be addressed to the Prime Minister who will reply to them. He cannot be represented by anyone.

Article 112 61

The Government will table its Bills before the National Assembly as determined by law.

It will present and defend before the National Assembly government policy, the State budget, and the economic and social development plans for the Nation.

In accordance with the law, the Government will take part in the debates on the orientation, legitimacy, merits and effectiveness of Government policy.

Article 113 62

The Government will provide the National Assembly all explanations requested on its management and actions.

The National Assembly may establish commissions of inquiry.

Article 114 63

Mutual relations between the National Assembly and Government will find their expression in:

  • –  the motion of censure;

  • –  the motion of confidence;

  • –  the dissolution of the National Assembly;

  • –  the rules of parliamentary debate.

Article 115 64

The National Assembly may present a motion of censure with respect to the Government.

The motion of censure must be signed by at least one-third of the Members of the National Assembly. In order to be passed, an absolute majority vote of the Members of the National Assembly is required.

If the motion of censure is rejected, its signatories may not submit another motion within one year.

Article 116 65

The Prime Minister, after deliberation by the Council of Ministers, may put the Government’s programme of action or general policy statement to a vote of confidence before the National Assembly.

Confidence will be refused if the text presented does not obtain the absolute majority of votes by Members of the National Assembly.

Voting may not take place within forty-eight hours after the text has been tabled.

The Prime Minister may, after deliberation by the Council of Ministers, submit the approval of a text to a vote of confidence before the National Assembly. In such a case, the text will be deemed to have been adopted unless a motion of censure, which is tabled within twenty-four hours, is carried in accordance with the provisions of the preceding paragraphs.

Article 117 

If the motion of censure is adopted or confidence is refused, the President of Burkina Faso will terminate the appointment of the Prime Minister within eight days. He will appoint a new Prime Minister according to the procedure provided for in Article 46.

Article 118 66

On the agenda of the Assembly, and in the order determined by the Government, priority will be given to the debate of popular petitions, Government Bills and Private Members’ Bills.

However, any Private Members’ Bill may be debated within two months of its submission to the Government, without being subject to the application of the preceding paragraph, and of Articles 121 and 122 of the present Constitution.

The President of Burkina Faso or the Prime Minister are entitled to request that a Private Member’s Bill, a Government Bill or a general policy statement be given priority on the agenda of the National Assembly.

Article 119 67

In case of emergency declared by the Government, the National Assembly must take a decision on Government Bills within fifteen days. This period will be extended to forty days for the Finance Act.

If at the end of the period no vote has taken place, the Government Bill will be promulgated in its existing form by the President of Burkina Faso upon a proposal by the Prime Minister by way of an ordinance.

Article 120 68

Proposals and amendments to the Finance Act which are presented by Members of the National Assembly will be inadmissible where their enactment would result in either a diminution of public revenue or the creation or increase of any public expenditure, unless they are accompanied by proposals for an equivalent increase in revenues or savings.

Article 121 69

If the Government so requests, the National Assembly will decide by a single vote on all or part of the text under discussion, retaining only the amendments proposed or accepted by the Government.

Article 122 70

When the National Assembly has referred a draft law to a committee for examination, the Government may, after the opening of the debate, object to the consideration of any amendment which has not previously been submitted to the committee.

Article 123 71

Government Bills and amendments which are not a matter for statute will be inadmissible.

Their inadmissibility will be declared by the President of the National Assembly.

In case of dispute, the Constitutional Council, at the request of the Prime Minister or of the Speaker of the National Assembly, will rule within eight days.

Title VIII  The Judiciary

Article 124 

Judicial power is entrusted to judges; it will be exercised on all of the territory of Burkina Faso by the ordinary and administrative courts established by statute.

Article 125 

The Judiciary is the guardian of individual and collective freedoms.

It will ensure respect for the rights and freedoms defined in the present Constitution.

Article 126 72

The ordinary and administrative courts of Burkina Faso are:

  • –  the Court of Cassation (Cour de Cassation);

  • –  the State Council (Conseil d’État);

  • –  the Court of Auditors (Cour des comptes);

  • –  the Court of Conflicts (Cour des Conflits);

  • –  the courts and tribunals established by statute.

These courts will apply the law.

Article 127 73

The Court of Cassation is the highest ordinary court.

The State Council is the highest administrative court.

The Court of Auditors is the highest authority for monitoring public finances.

The Tribunal of Conflicts (Tribunal des Conflits) is the court for settling of conflicts of jurisdiction between the courts.

An Institutional Act will determine the composition, the organisation, the powers, and the functioning of each of these courts, and their rules of procedure.

Article 128 

Statute will determine the seat, the territorial jurisdiction, the competence and the composition of the courts and tribunals.

Article 129 

The Judiciary will be independent.

Article 130 74

In the exercise of their functions judges will be subject only to the authority of the law. They will be irremovable.

Public Prosecutors are subject to the law and to the authority of the Chief Prosecutors. They are appointed and assigned under the same conditions as regular court judges/judges of regular courts.

Article 131 75

The President of Burkina Faso will guarantee the independence of the Judiciary.

In this capacity, every year during the month of November he will chair a meeting with the members of the Higher Council of the Judiciary to discuss issues relating to strengthening the independence of the Judiciary.

An extraordinary meeting can always be held if necessary.

Article 132 76

The First President of the Court of Cassation is the President of the Higher Council of the Judiciary.

The First President of the State Council is its Vice-President.

Article 133 77

The Higher Council of the Judiciary will give its advice on any question concerning the independence of the Judiciary and on the exercise of the right of pardon.

An Institutional Act will determine the organisation, composition, powers and functioning of the Higher Council of the Judiciary.

Article 134 78

The Higher Council of the Judiciary decides on the appointments and the posting of judges.

Article 135 

An Institutional Act will determine the status of the Judiciary according by respecting the principles contained in this Constitution.

It will provide for and implement the guarantees relating to the independence of the Judiciary.

Article 136 

Hearings will be public in all courts and tribunals. A closed hearing will only be allowed in cases defined by statute.

Court decisions must be reasoned, unless statute provides otherwise.

Title IX  The High Court of Justice

Article 137 79

A High Court of Justice will be established. The High Court of Justice will be composed of Members of the National Assembly whom the National Assembly will elect with each new Legislature, as well as judges designated by the President of the Court of Cassation. It will elect its President from among its members.

A statute will determine its composition, its method of operation and its rules of procedure.

Article 138 

The High Court of Justice is competent to try the President of Burkina Faso for acts committed in the exercise of his duties which constitute high treason, violation of the Constitution, or embezzlement of public funds.

The High Court of Justice is equally competent to try members of Government for acts qualified as crimes or misdemeanours committed in the exercise of or on the occasion of the exercise of their duties. In all other cases, they will remain subject to the jurisdiction of ordinary courts and other courts.

Article 139 

The decision to indict the President of Burkina Faso will be adopted by a four-fifths majority of Members of the National Assembly. The decision to indict members of Government will be adopted by a two-thirds majority of Members of the National Assembly.

Article 140 

The High Court of Justice is bound by the definition of crimes and misdemeanours and the determination of penalties in laws applicable at the time the acts were committed.

Title X 80 The Economic and Social Council and Organs of Control

Article 141 81

A consultative body named the Economic and Social Council (ESC) will be established.

The Economic and Social Council will have the task of advising on questions of an economic, social or cultural character submitted to its examination by the President of Burkina Faso or by the Government.

It may be consulted on any draft plan or programme of an economic, social or cultural character.

The Economic and Social Council may also proceed to the analysis of any economic or social development question. It will submit its findings to the President of Burkina Faso or to the Government.

At the request of the President of Burkina Faso or of the Government, the Economic and Social Council may designate one of its members to appear before these organs and present the advice of the Council on questions referred to it.

An Institutional Act will determine the composition, organisation and functioning of the Economic and Social Council.

Article 142 82

Organs of control will be established by statute.

Their competence will extend to economic, social and cultural questions of national interest.

The composition, powers and functioning of these organs of control will be established by statute.

Title XI  Local Government

Article 143 83

Burkina Faso will be organised into local governments (les collectivités territoriales).

Article 144 

The establishment, abolition and delimitation of local governments will be determined by statute.

Article 145 

A statute will organise the democratic participation of the people in the self-governance of local governments.

Title XII  African Unity

Article 146 

Burkina Faso may conclude, with any African country, agreements of association or of community which involve a total or partial abandonment of sovereignty.

Article 147 

Agreements providing for the accession of Burkina Faso to a Confederation, a Federation or a Union of African States will be submitted for the approval of the people by referendum.

Title XIII  International Treaties and Agreements

Article 148 

The President of Burkina Faso will negotiate, sign and ratify international treaties and agreements.

Article 149 

Peace treaties, commercial treaties, treaties committing finances of the State, treaties modifying provisions of statute law, and treaties relating to the status of persons may be ratified or approved only by virtue of an Act of Parliament.

They will become effective only after they have been ratified or approved.

Article 150 84

If the Constitutional Council, seized with a request submitted in conformity with Article 157, declares that an international commitment contains a clause that is contrary to the Constitution, authorisation to ratify or approve the international commitment may be given only after an amendment of the Constitution.

Article 151 

Treaties or agreements duly approved or ratified will, upon publication, prevail over Acts of Parliament, subject, for each agreement or treaty, to its application by the other party.

Title XIV 85 The Constitutional Council

Article 152 86

The Constitutional Council is the competent institution in constitutional and electoral matters. It has the task of ruling on the constitutionality of statutes and ordinances, as well as on the conformity of international treaties and agreements with the Constitution.

It will interpret the provisions of the Constitution. It will monitor the proper conduct, the transparency, and the fairness of referenda, presidential and legislative elections, and will be the arbiter of electoral disputes.

It will proclaim the final results of referenda, and presidential and legislative elections.

The monitoring of the proper conduct and the transparency of local elections will be a matter for the administrative tribunals. The proclamation of the final results of these elections falls within the competence of the State Council.

Article 153 87

The Constitutional Council will comprise, in addition to its President:

  • –  three judges of exceptional rank appointed by the President of Burkina Faso on the proposal of the Minister of Justice;

  • –  three persons appointed by the President of Burkina Faso, including at least one lawyer;

  • –  three persons appointed by the Speaker of the National Assembly, including at least one lawyer.

The President of the Constitutional Council will be appointed by the President of Burkina Faso.

Members of the Constitutional Council will be appointed for a single term of nine years.

However, they are renewable by one third every three years under conditions laid down by law, except for the President of the Constitutional Council.

The functions of a member of the Constitutional Council are incompatible with those of member of Government or Member of Parliament.

Other incompatibilities will be set by law.

Article 154 88

The Constitutional Council will ensure the proper conduct of presidential elections. It will examine complaints and proclaim the results of the ballot.

The Constitutional Council will rule, in case of dispute, on the proper conduct of the election or appointment of Members of Parliament. In electoral matters, any candidate may seize the Constitutional Council.

It will ensure the proper conduct of referenda proceedings and proclaim the results.

The Constitutional Council will ensure the observance of the procedure for amending the Constitution.

Article 155 89

Institutional Acts and the rules of procedure of the National Assembly must be submitted to the Constitutional Council before their promulgation or implementation.

Ordinary statutes and treaties undergoing the ratification procedure may be referred to the Constitutional Council, for the same purpose, before their promulgation.

Article 156 90

The Constitutional Council also has the task to monitor observance of the provisions of Article 13 paragraph 5 of this Constitution by political parties.

Article 157 91

Matters may be referred to the Constitutional Council by:

  • –  the President of Burkina Faso;

  • –  the Prime Minister;

  • –  the Speaker of the National Assembly;

  • –  at least one-tenth of the members of the National Assembly.

In addition, any citizen may refer to the Constitutional Council for the constitutionality of laws either directly or through the procedure of the objection of unconstitutionality invoked in a case which concerns him before a court. The latter must suspend until the decision of the Constitutional Council, which must take place within a maximum period of thirty days from the time of its referral.

The Constitutional Council may deal with any matter within its competence if it deems it necessary.

Article 158 92

Referral to the Constitutional Council will suspend the promulgation period of the texts submitted to it.

Article 159 93

A provision declared unconstitutional may not be promulgated or implemented.

The decisions of the Constitutional Council are not subject to appeal. They will be binding on public powers and on all administrative and judicial authorities.

Article 160 94

An Institutional Act will regulate the organisation and the functioning of the Constitutional Council and determine its rules of procedure.

Title XIV (2)  The Ombudsman of Burkina Faso95

Article 160.1 

An intercessory intergovernmental body is established between the public administration and the citizens, called the Ombudsman of Burkina Faso.

The President of Burkina Faso appoints the Ombudsman of Burkina Faso.

Article 160.2 

An Institutional Act will determine the functions, organisation and functioning of the office of the Ombudsman of Burkina Faso.

Title XIV (3)  The Higher Council for Communication96

Article 160.3 

An independent administrative authority is established for the regulation of communication to the public, known as the Higher Council for Communication (HCC).

Article 160.4 

An Institutional Act will determine the powers, composition, organisation and functioning of the Higher Council for Communication.

Title XIV (4) 97 Higher Audit and Anti-Corruption Authority

Article 160.5 

This Constitution establishes a supervisory body called the Higher Audit and Anti-Corruption Authority, abbreviated as HA-ACA.

The Higher Audit and Anti-Corruption Authority is the supreme body for administrative control and the fight against corruption. It is the interface between actors involved in the fight against corruption and state authorities.

This supervisory body has the status of an independent administrative authority. It enjoys financial autonomy.

Article 160.6 

An Institutional Act will determine the powers, composition, organisation and functioning of the Higher Audit and Anti-Corruption Authority.

Title XV  Amendment of the Constitution

Article 161 98

The right to initiate an amendment of the Constitution will be exercised concurrently by:

  • –  the President of Burkina Faso;

  • –  the majority of the Members of the National Assembly;

  • –  the people, when a group of at least thirty thousand persons, who have the right to vote, introduces before the National Assembly a petition containing a drawn-up and signed proposal.

Article 162 99

The conditions for the implementation of the amendment procedure will be determined by statute.

Article 163 100

The draft amendment will, in any case, be submitted first to examination by the National Assembly.

Article 164 101

The draft text will then be submitted to a referendum. It will be deemed to have been adopted if it obtains a majority of the votes cast.

The President of Burkina Faso will proceed with its promulgation under the conditions set out in Article 48 of the present Constitution.

However, the draft amendment will be adopted without recourse to a referendum if it is approved by a majority of three-quarters of the Members of the National Assembly.

Article 165 102

No Government Bill, Private Member’s Bill or constitutional amendment will be admissible if it calls into question:

  • –  the clause limiting the number of presidential terms;

  • –  the duration of the presidential term;

  • –  the republican nature and form of the State;

  • –  the multiparty system;

  • –  the integrity of the national territory.

No amendment procedure may be initiated or pursued in the event of a vacancy, during a state of siege or a state of emergency, and while the integrity of the territory is being undermined.

Title XVI 103 Final Provisions

Article 166 

The betrayal of the Fatherland and the violation of the Constitution constitute the most serious crimes committed against the people.

Article 167 

The source of all legitimacy derives from the present Constitution.

Any authority which does not derive its source from this Constitution, in particular the power resulting from a coup d’État, is illegal.

In this case, all citizens have the right to civil disobedience.

Article 168 

The people of Burkina Faso reject any idea of personal power. They equally proscribe any oppression of a group of the people by another.

Article 169 104

The promulgation of the Constitution must take place within the time limit stipulated in Article 48 of the present Constitution.

Footnotes:

The constitutional amendment of 27 January 1997 deleted the following string of words “the labouring masses of our cities and countryside”, after the word “democratic”.

Added by constitution amendment of 27 January 1997.

The constitutional amendment of 27 January 1997 reformulated the old version, which spoke of “the popular nature” of power.

This amendment was introduced by constitutional amendment of 5 November 2015.

This provision was added by constitutional amendment No. 033-2012/AN of 11 June 2012.

Idem.

Idem.

This modification was included by constitutional amendment of 5 November 2015.

Added by constitutional amendment of 5 November 2015.

10  This modification was made in the constitutional amendment of 5 November 2015 to include respect for sustainable development.

11  This provision has been amended twice:

  • –  the constitutional amendment of 27 January 1997 added sport to the list of social and cultural rights and duties;

  • –  the constitutional amendment of 5 November 2015 added “drinking water and sanitation” and “energy”; replaced “handicapped persons” with “persons living with a disability”; and deleted “work”.

12  The title was modified by the constitutional amendment of 27 January 1997. Its original version was “State and Popular Sovereignty”.

13  The adjective “national” was inserted by constitutional amendment of 27 January 1997 and these provisions made into a single article.

14  This provision has been modified twice:

  • –  the constitutional amendment of 27 January 1997 changed the spelling of the national anthem from “DYTANYE” and the motto from “Fatherland or Death, We will Vanquish!” as they were in the initial text of 2 June 1991;

  • –  in the constitutional amendment of 5 November 2015, the spelling of the national anthem was changed from “DYTANYE” and the words “song of victory and salvation” added.

15  When it was adopted on 2 June 1991, it was worded as follows: “The President of Faso will be elected for seven years by direct, equal and secret universal suffrage. He may be re-elected once”; Article 37 has been amended three times:

  • –  the first time, in the constitutional amendment of 27 January 1997, on the non-limitation of terms, “once” was deleted after “re-eligible”, and the seven-year term maintained;

  • –  the second time, in the constitutional amendment of 11 April 2000, the seven-year term was changed to the five-year term and the limitation of terms was reintroduced by adding “once” after “re-eligible”.

  • –  the constitutional amendment of 5 November 2015 specified that the term of the President of Faso was only renewable once and included a third paragraph which provides that “On no account may any person serve more than two terms as President of Faso, either consecutively or intermittently”.

16  The constitutional amendment of 27 January 1997 removed the requirement of the candidate’s parents’ nationality of origin. Prior to the reform, the parents of the presidential candidate also had to be Burkinabe by birth.

17  Article 43 has been amended three times:

  • –  the first time, the constitutional amendment of 27 January 1997 replaced “President of the People’s Assembly of Deputies” in paragraph 2 with “Speaker of the National Assembly”;

  • –  the second time, in the constitutional amendment of 11 April 2000, firstly “Supreme Court” in paragraph 2 was replaced with “Constitutional Council”. Subsequently the words “seven years” in paragraph 3 were replaced by “five years” in keeping with the provisions of Article 37. Lastly, this amendment also involved paragraph 4 and dealt with the deadline for the election of the new President changing from “not less than twenty-one days and not more than forty days “to “not less than thirty days and not more than sixty days”.

The changes made by the constitutional amendment of 11 June 2012 are:

  • –  in the event of vacancy or incapacity the duties of the President of Burkina Faso were transferred from the Speaker of the National Assembly to the President of the Senate;

  • –  the deadline for electing the new President changed to not less than 60 days and not more than ninety days;

  • –  a fourth paragraph was added prohibiting the President from standing in the elections for a new President;

  • –  reverting to the provision prior to the constitutional amendment of 11 June 2012 in which the Speaker of the National Assembly, and not the President of the Senate, would assume the duties of President of Burkina Faso in the event of vacancy or incapacity.

18  The constitutional amendment of 11 April 2000 replaced “Supreme Court” with “Constitutional Council” in paragraph 1 and “President of the Supreme Court” with “President of the Constitutional Council” in paragraph 2;

  • –  the constitutional amendment of 5 November 2015 involved adding a third paragraph regarding the President of the Constitutional Council transmitting the President of Burkina Faso’s written declaration of assets to the HA-ACA and a fourth paragraph relating to the publication of the declaration in the Official Gazette.

19  The constitutional amendment of 5 November 2015 split this article into two paragraphs.

20  The constitutional amendment of 11 June 2012 added the phrase “from the majority in the National Assembly” after Prime Minister.

21  This article has undergone four amendments:

  • –  the first constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly” in paragraph 1;

  • –  the second constitutional amendment of 11 April 2000 replaced “Supreme Court” with “Constitutional Council” in paragraph 3;

  • –  the third amendment added “or the Senate” to paragraph 1 after the National Assembly;

  • –  the constitutional amendment of 5 November 2015 abolished the Senate and clarified the fact that the Constitutional Council, having been “seized for that purpose” declared that the law, not having been promulgated in time, had come into force.

22  This article has been modified four times:

  • –  the first constitutional amendment of 11 April 2000 added the Speaker of the National Assembly to the list of personalities to be consulted by the President of Burkina Faso before the referendum;

  • –  the second constitutional amendment of 22 January 2002 removed the President of the House of Representatives from the list of persons to be consulted, following the abolition of the Chamber;

  • –  the third constitutional amendment of 11 June 2012 added “President of the Senate” after Prime Minister in paragraph 1;

  • –  the constitutional amendment of 5 November 2015 removed the President of the Senate from the list of persons to be consulted prior to submitting a Bill to referendum and specified the conditions under which the President of Burkina Faso may do so.

23  Article 50 has been amended five times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly” in the first paragraph;

  • –  the constitutional amendment of 11 April 2000, in the first paragraph, added “President of” the National Assembly “to the list of persons to be consulted before any dissolution. Then it rephrased paragraph 2, the old version of which read: “In this case, legislative elections will be held no less than twenty-one days and no more than forty days after the dissolution.” Finally, the same amendment introduced two new paragraphs (4 and 5);

  • –  the constitutional amendment of 22 January 2002 deleted “President of the House of Representatives” in paragraph 1 from the list of persons to be consulted in the event of dissolution;

  • –  the constitutional amendment of 11 June 2012 added “President of the Senate” in paragraph 1 and extended the deadline for the election of the new National Assembly from “not less than thirty days and not more than sixty days” to “not less than sixty days and not more than ninety days”;

  • –  the constitutional amendment of 5 November 2015 removed the President of the Senate from the list of persons to be consulted when the President of Faso wishes to dissolve the National Assembly.

24  This provision has been amended four times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly”;

  • –  the constitutional amendment of 22 January 2002 deleted the provisions relating to the House of Representatives and its President;

  • –  the constitutional amendment of 11 June 2012 replaced “the National Assembly” with “both Houses of Parliament” in paragraph 1, “the President of the National Assembly” with “the President of each Chamber and which does not occasion a debate”, and added a second paragraph;

  • –  the constitutional amendment of 5 November 2015 reverted to the provisions that existed prior to the constitutional amendment of 11 June 2012.

25  The constitutional amendment of January 1997 replaced the reference to the “People’s Armed Forces” with a reference to the “National Armed Forces” and the reference to the Chief Commander of the “People’s Armed Forces” with a reference to “Army Chief of Staff”.

26  The constitutional amendment of 5 November 2015 affirmed that the President of Burkina Faso may communicate with the Higher Council of the Judiciary even though he is no longer the President of the Council.

27  The constitutional amendment of 11 June 2012 added paragraph 5; The constitutional amendment of 5 November 2015 replaced “Parliament” with “the National Assembly” in the last paragraph.

28  This article has undergone five changes:

  • –  the constitutional amendment of 27 January 1997 replaced “immediately” with “immediate” and “Assembly of People’s Deputies” with “National Assembly”;

  • –  the constitutional amendment of 11 April 2000 replaced “Supreme Court” with “Constitutional Council”;

  • –  the constitutional amendment of 22 January 2002 deleted the reference to the “House of Representatives”;

  • –  the constitutional amendment of 11 June 2012 added “President of the Senate, after official consultation” and the phrase “Parliament meets in plenary” before the words “National Assembly”;

  • –  the constitutional amendment of 5 November 2015 reverted to the provisions prior to the constitutional amendment of 11 June 2012.

29  The constitutional amendment of 5 November 2015 replaced “Parliament” with “National Assembly”.

30  The constitutional amendment of 11 June 2012 added paragraphs 4, 5, 6, 7, 8.

31  The constitutional amendment of 11 April 2000 consisted, on the one hand, of replacing paragraph 1 “Supreme Court” by “Constitutional Council” and, on the other hand, creating paragraph 2.

32  This provision has been amended five times in different constitutional reforms:

  • –  in the constitutional reform of 27 January 1997 its name changed from “Assembly of People’s Deputies “to “National Assembly”;

  • –  in the reform of 22 January 2002, the Chamber of Representatives was abolished as second House of Parliament;

  • –  in the reform of 11 June, the previous wording “The Parliament comprises a single Chamber called the “National Assembly” ” was deleted and replaced with “The Parliament comprises two chambers: The National Assembly and the Senate”;

  • –  in the reform of 12 November 2013, a fourth paragraph was added, which provides that the National Assembly will assume the full powers of Parliament until the Senate is established;

  • –  in the reform of 5 November 2015, the drafters reverted to the wording of the provision prior to the amendment of 11 June 2012.

33  This provision has also been amended four times in different constitutional reforms:

  • –  in the reform of 27 January 1997 its name changed from “Assembly of People’s Deputies “to “National Assembly”;

  • –  in the reform of 22 January 2002 “and those of the House of Representatives, the title of Representative” was deleted in keeping with the abolishment of this second chamber;

  • –  in the reform of 11 June 2012 which added the phrase “and those of the Senate, the title of Senator”;

  • –  in the reform of 5 November 2015 the drafters reverted to the wording of the provision prior to the amendment of 11 June 2012.

34  Article 80 has been amended five times:

  • –  the first time, as part of the constitutional reform of 11 April 2000, involved a reformulation. The previous wording was as follows: “Members of Parliament are elected by direct, equal and secret universal suffrage. They exercise legislative power. Representatives are elected by indirect suffrage. The House of Representatives has an advisory role. The rules governing the composition and functioning of the House of Representatives will be established by law. Any person elected Member of Parliament will, where appropriate, be entitled to a secondment or suspension of their contract of employment as the case may be”;

  • –  the second time, as part of the constitutional reform of 22 January 2002, also reformulated this article. The previous wording was as follows: “Members of Parliament are elected by direct, equal and secret universal suffrage. They exercise legislative power. Any person elected Member of Parliament will, where appropriate, be entitled to a secondment or suspension of their contract of employment as the case may be. Representatives are elected by indirect suffrage. The House of Representatives has an advisory role.

The National Assembly must consult the House of Representatives in the adoption of laws relating to:

  • –  citizenship, civil rights and the exercise of civil liberties;

  • –  nationality, status and capacity of persons, matrimonial regimes, inheritance and gifts;

  • –  the procedure for the determination of customs and their harmonisation with the fundamental principles of the Constitution;

  • –  protection of freedom of the press and access to information;

  • –  the integration of national cultural values.

The rules governing the composition and functioning of the House of Representatives will be established by law”.

  • –  The constitutional amendment of 11 June 2012 involved the composition and representation of the Senate in paragraphs 1, 2 and 3; it also replaced “any person elected Member of Parliament” with “Parliamentarian”.

  • –  The constitutional amendment of 12 November 2013 removed the various components of the Senate.

  • –  In the reform of 5 November 2015, the drafters reverted to the wording of the provision prior to the amendment of 11 June 2012.

35  This article has been modified four times:

  • –  the first, as part of the constitutional amendment of 22 January 2002, deleted the second and third subparagraphs, relating to the House of Representatives;

  • –  the second, as part of the constitutional amendment of 18 May 2012, added subparagraphs 2, 3 and 4 to the only paragraph which constituted the whole article;

  • –  the third, as part of the constitutional amendment of 11 June 2012, replaced “the term of Legislature” with “The term will be five (5) years for Members of Parliament and six (06) for Senators” in paragraph 1, and replaced “Assembly” with “Parliament” in paragraph 2;

  • –  the fourth, as part of the constitutional amendment of 5 November 2015, deleted references to the Senate and deleted the last paragraph which read: “This amendment applies to the current Legislature”.

36  This provision has been modified twice:

  • –  the constitutional reform of 11 June 2012 deleted the words “by constituency” after allocation in the second bullet point, added “by designation”, “or by nomination” in the fourth bullet point and replaced “Members of Parliament” with “Parliamentarians” in the fifth bullet point;

  • –  the constitutional amendment of 5 November 2015 added “by constituency” at the end of the second bullet point and deleted the terms “designation” and “nomination” in reference to the Senate.

37  This provision has been amended three times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly”;

  • –  the constitutional amendment of 11 June 2012 replaced “National Assembly” with “Parliament”;

  • –  in the reform of 5 November 2015, the drafters reverted to the wording of the provision prior to the amendment of 11 June 2012.

38  This article has been modified four times:

  • –  the first, as part of the constitutional amendment of 22 January 2002, created paragraph 1;

  • –  the second, as part of Law No. 015-2009 / AN of 30 April also created a new paragraph 2. The former paragraph 2 became paragraph 3;

  • –  the third, as part of the constitutional amendment of 11 June 2012, replaced “stripped of his mandate and replaced by an alternate Member” with “is replaced in the National Assembly by an alternate Member. The terms for the implementation of this provision will be specified in law”; as well as replacing the words “Deputies” with “Parliamentarian and Member of Parliament” in subparagraph 2;

  • –  the fourth amendment, as part of the constitutional amendment of 5 November 2015, consisted in reverting to the pre-amendment provisions of the Constitution of 11 June 2012 and to specify the provisions regarding a person who becomes a member of a political party or movement.

39  This provision has been modified twice:

  • –  the constitutional reform of April 2000 on the one hand replaced “Supreme Court” with “Constitutional Council” in paragraph 1 and, on the other hand, deleted “domestic” after “regulation” in paragraph 2;

  • –  the Constitutional reform of 11 June 2012 replaced XXX (blank in the French original)

40  This provision has been amended three times:

  • –  the constitutional amendment of 27 January 1997 not only extended the maximum duration of each ordinary session from sixty to ninety days, but also fixed the date of the opening of the first session from the last Wednesday to the first Wednesday in March and the date for the opening of the second session from the last Wednesday in October to the last Wednesday in September;

  • –  the constitutional amendment of 11 June 2012 replaced “National Assembly” with “each chamber of Parliament” and added the second sentence of paragraph 1 which specifies the duration of the session;

  • –  the constitutional amendment of 5 November 2015, consisted in reverting to the pre-amendment provisions of the Constitution of 11 June 2012 and to split this article into three paragraphs.

41  This provision has been amended twice:

  • –  The constitutional amendment of 11 June 2012 replaced “the Assembly” with “each chamber of Parliament” and added “senators” after Members of Parliament;

  • –  the constitutional amendment of 5 November 2015, consisted in reverting to the pre-amendment provisions of the Constitution of 11 June 2012.

42  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “Assembly” with “chambers of Parliament” and added “senators” after Members of Parliament;

  • –  the constitutional amendment of 5 November 2015, consisted in reverting to the pre-amendment provisions of the Constitution of 11 June 2012.

43  This provision has been amended three times:

  • –  the constitutional amendment of 11 April 2000 replaced “Supreme Court” with “Constitutional Council”;

  • –  the constitutional amendment of 11 June 2012 replaced the Assembly with “each Chamber”; “within the precinct of Parliament” with “at its seat”; and added the second paragraph.

  • –  the constitutional amendment of 5 November 2015 replaced “each chamber of Parliament” with “National Assembly” and deleted the second paragraph.

44  This article has been amended four times:

  • –  the first constitutional amendment of 27 January 1997, firstly reformulated the first paragraph and replaced “Assembly of People’s Deputies” with “National Assembly”. Secondly, it distinguished the Speaker’s term of office (in all legislation) from that of the other members of the Bureau (elected for a renewable one-year term) as part of subparagraph 2. The wording of 2 June 1991 provided: “The Speaker and members of the Bureau of the Assembly of People’s Deputies will be elected for the duration of the legislature by an absolute majority in the first ballot and by a simple majority in the second ballot. However, their functions may be terminated during the legislature at the request of two fifths and after a vote by an absolute majority of the Members of the National Assembly. An absolute majority means more than half the votes”;

  • –  the second constitutional amendment of 11 April 2000 added this sentence to paragraph 1. The current wording of the first subparagraph results from the constitutional amendment of 22 January 2002. In fact, all the following are mentioned: “He is the Speaker of Parliament. In this capacity, he presides over joint sittings of the two chambers. The latter are decided upon by the Bureau of the National Assembly, when circumstances so require. The Speaker of Parliament will take decisions relating to the National Assembly and the House of Representatives, in accordance with the provisions of the Constitution and the law. He convenes the House of Representatives and opens the session;”

  • –  the third constitutional amendment of 11 June 2012 added the President of the Senate;

  • –  the constitutional amendment of 5 November 2015 removed “the President of the Senate” and specified the eligibility criteria of the Speaker of the National Assembly.

45  This article has been amended twice:

  • –  The constitutional amendment of 11 June 2012 replaced “National Assembly” with “a chamber of parliament”;

  • –  the constitutional amendment of 5 November 2015 stipulated the conditions for replacing the Speaker of the National Assembly in the event of vacancy.

46  This article has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “the National Assembly” with “each Chamber” and with “Chamber” in paragraphs 1 and 2;

  • –  the constitutional amendment of 5 November 2015 reverted to the pre-amendment provisions prior to 11 June 2012 and split the previous paragraph 1 into two paragraphs.

47  This provision has been amended three times:

  • –  the constitutional amendment of 11 April 2000 amended the first and second paragraphs of this article. The old wording was “Any Member of the National Assembly appointed to a high office will be replaced in the Assembly by his substitute. If his appointment to a high office ceases before the end of the legislature, he may resume his seat in the National Assembly”;

  • –  the constitutional amendment of 11 June 2012 replaced “Member of the National Assembly” with “elected Member of Parliament”;

  • –  the constitutional amendment of 5 November 2015, consisted in reverting to the pre-amendment provisions of the Constitution of 11 June 2012.

48  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “Member” with “Member of Parliament”;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the amendment of the Constitutional Law of 11 June 2012.

49  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “Deputy” by Member of “Parliament” and “Assembly” with “the chamber of which he is a member” and with “that chamber”;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the amendment of the Constitutional Law of 11 June 2012.

50  This provision has been modified five times:

  • –  the first, by constitutional amendment of 27 January 1997, replaced the “Assembly of the People’s Deputies” with the “National Assembly”;

  • –  the second, by constitutional amendment of 11 April 2000, replaced “Supreme Court” with “Constitutional Council”;

  • –  the third, by constitutional amendment of 22 January 2002, on one hand removed the House of Representatives and ultimately deleted the following sentence in paragraph 4: “The latter will transmit a copy to the House of Representatives”; and, on the other hand, deleted paragraph 5 which read: “The Government, the National Assembly and the Permanent Bureau of the House of Representatives may request an advisory opinion from the House of Representatives on a Private Members’ Bill or a Government Bill deemed to be of national importance”;

  • –  the fourth, by constitutional amendment No. 033-2012 / AN of 11 June 2012, replaced “Assembly” with “Parliament” in paragraphs 1 and 2, added “senators” in paragraphs 3 and 4 and replaced “of the National Assembly” with “each chamber of Parliament”;

  • –  the fifth, by constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the amendment of the Constitutional Law of 11 June 2012 and the creation of a new paragraph 3 which clarified the fact that Finance Laws are Institutional Acts.

51  This provision has been amended three times:

  • –  The constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” in paragraph 2 with “National Assembly”;

  • –  the constitutional amendment of 11 June 2012 added Senators in the last paragraph;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the amendment of the Constitutional Law of 11 June 2012.

52  This article has been amended three times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly” in the 10th of paragraph 1;

  • –  the constitutional amendment of 11 June 2012 added a 6th indent, and added the Senate to the 11th indent;

  • –  the constitutional amendment of 5 November 2015 added a new 11th indent to paragraph 1, created the 16th, 17th, 18th, 19th and 20th indents and deleted “Senate” from the previous 11th indent. In paragraph 2, the amendment inserted “and sustainable development” at the end of the first indent and replaced “freedom of the press and access to information” with “and of the exercise of freedom of the press” in the third indent.

53  This provision has been amended three times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly” in paragraph 1 and, in paragraph two, increased the time limit for the National Assembly to adopt the Finance Bill from forty-five to sixty days;

  • –  the constitutional amendment of 11 June 2012 added paragraphs 1, 3, 4, 5 and replaced the expression “within sixty days after the submission of the Bill” with “at the latest on the last day of the session”.

  • –  The constitutional amendment of 5 November 2015 deleted all references to the Senate.

54  Four amendments have been made to this provision:

  • –  the first, through the constitutional amendment of 27 January 1997, replaced “Assembly of People’s Deputies” in paragraph 1 with “National Assembly”;

  • –  the second, through the constitutional amendment of 11 April 2000, replaced “Chamber of Auditors of the Supreme Court” in paragraph 2 with “Court of Auditors”;

  • –  the third, through the constitutional amendment of 11 June 2012, replaced “National Assembly” with “Parliament”;

  • –  the fourth, through the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012 and replacing “the implementation of income and expenditure” in paragraph 2 with “collecting revenue and executing expenditure”.

55  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “National Assembly” with “Parliament”;

  • –  the constitutional amendment of 5 November 2015 replaced “Parliament” with “National Assembly”.

56  This provision has been amended three times:

  • –  the amendment made by the Constitutional Act of 11 April 2000 consisted of replacing paragraph 2 “Supreme Court” with “Constitutional Council”;

  • –  the constitutional amendment of June 11, 2012 consisted of the replacement of “Assembly” by “Parliament” in paragraph 1;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

57  The constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” in the wording of TITLE VII with “National Assembly”.

58  This provision has been modified three times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” in the first paragraph with “National Assembly”, and added the last paragraph;

  • –  the constitutional amendment of 11 June 2012 replaced “Assembly” with “Parliament” in paragraph 1;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

59  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “National Assembly” with “Parliament”;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

60  This provision has been amended three times:

  • –  first, by the constitutional amendment of 11 April 2000. The previous version adopted by the Constitution of 2 June 1991 read as follows: “During the sessions, one session per week is reserved for questions from Members of the National Assembly and responses from the Government. The National Assembly may address written or oral questions to the Government, with or without debate”;

  • –  the constitutional amendment of 11 June 2012 replaced “Members” with “Members of Parliament” in paragraph 1 and “Assembly” with “Parliament” in paragraph 2;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012 and to the creation of a new paragraph 3 which stipulates the instances in which no one can replace the Prime Minister during oral or topical questions.

61  This provision has been amended four times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” in paragraph 1 with the term “National Assembly”;

  • –  the constitutional amendment of 11 June 2012 replaced “Assembly” with “Parliament in accordance with the law”, added the words “In accordance with the law, the Government” in paragraph 3 and added paragraphs 4, 5 and 6;

  • –  the constitutional amendment of 12 November 2013 amended paragraph 5 by setting up a Joint Committee to decide on Private Members’ Bills or Government Bills on which there has been disagreement between the National Assembly and the Senate. In addition, paragraphs 6 and 7 were merged and the words “and religious affairs” were added in the third line after Burkina Faso;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012 while retaining the words “In accordance with the law, the Government” in paragraph 3.

62  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “Assembly” with “Parliament” in paragraphs 1 and 2;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

63  The constitutional amendment of 11 June 2012 added the word “National” to “Assembly”.

64  This provision has been amended twice:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly”;

  • –  the constitutional amendment of 5 November 2015, on the one hand, deleted “of the Assembly” after “Members” in line 3, and inserted “national” after “Assembly” in line 4. On the other hand, the article was split into three paragraphs.

65  The constitutional amendment of 27 January 1997 also replaced “Assembly of People’s Deputies” with “National Assembly” in paragraph 1 of this article.

66  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced the words “the agenda will include, as a priority, in the order determined by the Government” with “the agenda of each Chamber” in paragraph 1 and added paragraph 3;

  • –  the constitutional amendment of 5 November 2015 replaced “Parliament” and “each Chamber” with “the National Assembly”.

67  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “Assembly” with “Parliament”;

  • –  the constitutional amendment of 5 November 2015 replaced “the Parliament” with “the National Assembly” and split the article into two paragraphs.

68  This provision has been amended three times:

  • –  the constitutional amendment of 11 April 2000 clarified the fact that the proposals and amendments referred to relate to the Finance Act;

  • –  the amendment of 11 June 2012 replaced the expression “Members” with “Parliament”;

  • –  the amendment of 5 November 2015 replaced the words “of the Parliament” with “of the National Assembly” in the second line.

69  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “Assembly” with “Chamber of Parliament”;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

70  This provision has been amended twice:

  • –  the constitutional amendment of 11 June 2012 replaced “Assembly” with “a House of Parliament”;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

71  This provision has been modified three times:

  • –  the constitutional amendment of 11 April 2000 replaced “Supreme Court” in paragraph 2 with “Constitutional Council”;

  • –  the amendment of 11 June 2012 replaced “President of the Assembly” with “President of the Chamber that has been seized” in paragraphs 1 and 2;

  • –  the amendment of 5 November 2015 replaced “of the Chamber that has been seized “with “of the National Assembly” and split paragraph 1 into two paragraphs.

72  This provision has been amended twice:

  • –  The constitutional amendment of 11 April 2000 reformulated this article. The former provision was as follows:

“The courts in Burkina Faso are:

  • –  the Supreme Court;

  • –  Courts and Tribunals.

These courts will apply the law”.

  • –  The constitutional amendment of 11 June 2012 added the Tribunal des Conflits to the list of courts.

73  This provision has been modified twice:

  • –  This change was made by the constitutional amendment of 11 April 2000. This is new wording. The previous provision was:

“The Supreme Court is the highest court. It has four chambers:

  • –  the Constitutional Chamber;

  • –  the judicial chamber;

  • –  the administrative chamber;

  • –  the Chamber of Accounts.

The composition, powers and functioning of the Supreme Court and its chambers will be determined by law”.

  • –  The constitutional amendment of 11 June 2012 added “the Tribunal des Conflicts” and outlined its competence.

74  The constitutional amendment of 5 November 2015 created a new paragraph 2 relating to the hierarchical superior of the Prosecutor.

75  The constitutional amendment of 5 November 2015 deleted the previous paragraph 2 “He is assisted by the Higher Council of the Judiciary” and created two new paragraphs. These new provisions relate to the meeting held by the President of Burkina Faso with the members of the Higher Council of the Magistracy each year in November and the possibility of holding an extraordinary session.

76  The constitutional amendment of 11 June 2012 made the Minister of Justice, who was the only Vice-President, the “First Vice-President” and the First President of the Court of Cassation “the second Vice-President” of the Higher Council of the Judiciary. The constitutional amendment of 5 November 2015 appointed the first President of the Supreme Court President of the Higher Council of the Judiciary instead of the President of Burkina Faso, and the First President of the Conseil d’État its Vice-President.

77  Paragraph 2 of this article was modified by the constitutional amendment of 22 January 2002, which stipulated that an Institutional Act, and not an Ordinary law, determines the organisation, composition, powers and functioning of the Higher Council of the Judiciary.

78  This provision has been amended twice:

  • –  the constitutional amendment of 11 April 2000 replaced the term “Supreme Court” in paragraph 1 of this article with “Court of Cassation, Conseil d’État and Court of Accounts”;

  • –  the constitutional amendment of 5 November 2015 conferred on the Higher Council of the Judiciary the powers to appoint and assign magistrates and abolished all previous provisions.

79  The constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly”, and the amendment of 11 April 2000 replaced “President of the Supreme Court” with “President of the Court of Cassation”.

80  The constitutional amendment of 11 April 2000 amended the heading of this title. The old text read as follows: “Organs of control and advisory bodies”.

81  This article was reformulated by the constitutional amendment of 11 April 2000. The previous formulation was as follows: “Statute will establish supervisory organs, advisory organs and other organs. Their competence covers economic, social and cultural matters of national interest. The composition, powers and functioning of these supervisory organs, advisory organs and other organs will be determined by law”.

82  This article has been modified twice:

  • –  the first time, in paragraph 1, by the constitutional amendment of 27 January 1997, which replaced the “Assembly of People’s Deputies” with “National Assembly”;

  • –  the second amendment, of 11 April 2000, consisted of a reformulation. The wording of the provision previously as follows: “At the request of the President of Burkina Faso, of the Government, or of the National Assembly: the advisory organs and organs of control will give their technical advice and recommendations in their field of competence; the supervisory bodies will carry out investigations and produce reports”.

83  The constitutional amendment of 27 January 1997 removed the phrase “where the local organs of popular power sit” after “governments”.

84  This constitutional amendment of 11 April 2000 replaced “Constitutional Chamber” with “Constitutional Council”.

85  The constitutional amendment of 11 April 2000 changed the wording of this title to read as follows: “Control of the constitutionality of laws”.

86  This provision has been modified by two different statutes:

  • –  the amendment of 11 April 2000 split the second paragraph into two and Law No. 015-2009 / AN of 30 April completed the last subparagraph with the sentence “The proclamation of the final results of these elections falls within the competence of the Council of State”.

87  This article has been modified five times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly” in the first paragraph;

  • –  the constitutional amendment of 11 April 2000 replaced, on the one hand, “Constitutional Chamber” with “Constitutional Council” and, on the other hand “the President” with “its President”;

  • –  the constitutional amendment of 11 June 2012 added to the composition of the Constitutional Council “the former Presidents of Burkina Faso”, and split the competence to appoint these members between the President of Burkina Faso, the Speaker of the National Assembly and the President of the Senate. The three persons appointed by each personality must include a lawyer. The previous formulation was “The Constitutional Council includes, in addition to its President, three (3) magistrates appointed by the President of Burkina Faso on the proposal of the Minister of Justice, three (3) personalities appointed by the President of Burkina Faso, three (3) personalities appointed by the Speaker of the National Assembly”; The President, who was previously appointed, is now elected by his peers; former Heads of State are life-time members of the Constitutional Council;

  • –  the constitutional amendment of 12 November 2013 introduced a transitional provision in paragraph 6 allowing the Constitutional Council to function pending the establishment of the Senate;

  • –  the constitutional amendment of 5 November 2015 clarified the fact that the magistrates appointed by the President of Burkina Faso must be of exceptional rank, deleted the words “former Heads of State” and “three personalities appointed by the President of the Senate, including at least one lawyer” as members of the Constitutional Council and, finally, specified the conditions for the renewal by one-third of the members except for the President.

88  This provision has been amended three times:

  • –  the constitutional amendment of 11 April 2000 also replaced this Constitutional Chamber with “Constitutional Council”;

  • –  the amendment of 11 June 2012 extended the competence of the Constitutional Council to review the regularity of the election or appointment of Members of the Senate;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

89  This article has undergone five amendments:

  • –  the first, by constitutional amendment of 27 January 1997, replaced the “Assembly of People’s Deputies” with the “National Assembly” in paragraph 1;

  • –  the second, by constitutional amendment of 11 April 2000, also replaced “Constitutional Chamber” with “Constitutional Council”;

  • –  the third, by constitutional amendment of 22 January 2002, removed the reference to the House of Representatives in paragraph 1;

  • –  the fourth replaced “Assembly” with “chambers of Parliament” in paragraph 1;

  • –  the fifth amendment made by constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

90  The constitutional amendment of 11 April 2000 replaced “Constitutional Chamber” with “Constitutional Council”.

91  This article has been amended five times:

  • –  the constitutional amendment of 27 January 1997 replaced the “Assembly of People’s Deputies” with “National Assembly”;

  • –  the constitutional amendment of 11 April 2000 replaced “Constitutional Chamber” with “Constitutional Council”;

  • –  the constitutional amendment of 22 January 2002 deleted the indent relating to the President of the House of Representatives;

  • –  the constitutional amendment of 11 June 2012 added the President of the Senate to the list of authorities who could refer matters to the Constitutional Council, increased to 1/10 the Members of the National Assembly who could seize it, and created paragraphs 2 and 3;

  • –  the constitutional amendment of 5 November 2015 removed “the President of the Senate” as a personality who could seize the Constitutional Council. This amendment gave every citizen the right to seize the Constitutional Council and for the Constitutional Council to seize itself.

92  The constitutional amendment of 11 April 2000 replaced “Constitutional Chamber” with “Constitutional Council”.

93  The constitutional amendment of 11 April 2000 replaced “Constitutional Chamber” with “Constitutional Council”.

94  Idem.

95  This title XIV (2) was created by the constitutional amendment of 11 June 2012.

96  This title XIV (2) was created by the constitutional amendment of 11 June 2012.

97  The constitutional amendment of 5 November 2015 set up the Higher Audit and Anti-Corruption Authority (HA-ACA).

98  This provision has been modified three times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” with “National Assembly”;

  • –  the amendment of 11 June 2012 replaced the expression “the majority of the National Assembly” with “Parliament, by a majority of each of the Chambers”;

  • –  the constitutional amendment of 5 November 2015 consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

99  The constitutional amendment of 27 January 1997 deleted “and” after “conditions” and replaced it with “of”.

100  This article has been modified four times:

  • –  a first modification, on 27 January 1997, replaced the “Assembly of People’s Deputies” with “National Assembly”;

  • –  a second modification, on 22 January 2002, deleted the reference to the House of Representatives;

  • –  a third modification, on 11 June 2012, replaced “National Assembly” with “Parliament”;

  • –  a fourth amendment, on 5 November 2015, consisted of reverting to the provisions prior to the constitutional amendment of 11 June 2012.

101  This provision has been modified three times:

  • –  the constitutional amendment of 27 January 1997 replaced “Assembly of People’s Deputies” in paragraph 3 with “National Assembly”;

  • –  the amendment of 11 June 2012 replaced “Members of the National Assembly” with “Parliament convened in Congress by the President of Burkina Faso”. The Bureau of the Congress is the Bureau of the National Assembly;

  • –  the amendment of 5 November 2015 consisted of reverting to the provisions prior to the amendment of the constitutional amendment of 11 June 2012.

102  The constitutional amendment of 5 November 2015 first added the first two indents and the wording “in the event of a vacancy of power during a period of the state of siege or state of emergency in paragraph 2.

103  The constitutional amendment of 5 November 2015 amalgamated former Titles XVI and XVII into a single Title XVI and deleted Article 168.1, which granted amnesty to former Heads of State.

104  The constitutional amendment of 5 November 2015 reformulated this article. The old wording stated that “The promulgation of the Constitution must take place within twenty-one days of its adoption by referendum”.