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COMMUNICATION OF BURKINA FASO
TRANSPARENCY AND ACCOUNTABILITY
TABLE OF CONTENTS
1.0 Situation with respect to governance in Burkina Faso
1.1 The state of governance
1.2 The players in good governance
2.0 Transparency and accountability: Two essential criteria of good governance
2.1 At the level of the executive
2.2 At the level of the legislature
2.3 At the level of the judiciary
2.4 At the level of civil society
CONCLUSION
1.0 SITUATION WITH RESPECT TO GOVERNANCE IN BURKINA FASO
1.1 The state of governance
Good governance has become a priority for the Government at the same time that progress has been made in the democratization process.
Beginning in October 1987, the Popular Front initiated a democratic transition process that culminated in 1991 in the constitutional referendum of 2 June 1991.
The transition from a government operating under emergency powers to a State governed by the rule of law and democracy can take advantage of the absence of ethnic confrontations, the recurrence of elections, the absence of any use of violence, respect for political pluralism, relatively effective freedom of association and opinion, the separation of powers embodied in the Constitution, recognized freedom of the press, and guaranteed individual and public freedoms.
The authorities of Burkina Faso have led the country since 1991 in a process of reflection on and operational implementation of a national policy on good governance:
- Workshops organized in November 1994 on the institutional framework for the exercise of good governance;
- Affirmation by the Head of State in December 1994 of the necessity of a national plan of good governance as "a means to and objective of development guaranteeing full participation by all citizens in national development";
- The declaration of intention by the Government with respect to a national programme on governance adopted in December 1994 and reaffirmed by the Prime Minister in 1995 at the second annual conference on public administration;
- The governmental seminar in October 1996 in preparation for the comprehensive reform of public administration;
- The choice of the topic "Good governance and development" for the deliberations of the nineteenth France-Africa Summit, held in Ouagadougou from 4 to 6 December 1996;
- The national meetings on the role and purposes of the State from 18 to 20 December 1997, at which the players in national development were consulted on draft texts relating to a comprehensive reform of public administration;
- The adoption of draft legislation on the reform of public administration by the National Assembly in April/May 1998;
- The preparation of a reference framework document on good governance in Burkina Faso in March 1998;
- The drafting of a framework document on good governance in Burkina Faso in May 1998.
These developments, which reflect the Government’s development priorities, have culminated in the preparation of a national strategy note (1997-2000), with assistance from the United Nations system. The note is intended to be an operational tool providing guidance firstly for strengthening the mobilization and utilization of resources and secondly for increasing the coherence of exercises involving the planning, evaluation and monitoring of activities undertaken by the partners of the United Nations system.
However, in spite of the Government's efforts to bring about significant improvements in the people’s living conditions, it must be admitted that much remains to be done in the social and economic spheres. While the macroeconomic situation is, on the whole, satisfactory, in spite of the consequences of the devaluation which led to a sharp downturn in overall activity, two main negative factors need to be highlighted:
- The external debt, which has been growing continuously since the early 1990s and which stood at 739 billion francs at the end of 1996. This represents 60 per cent of the gross domestic product, as compared with 58 per cent in 1995, 43 per cent in 1993 and 30 per cent in the mid-1980s. Nevertheless, thanks to the good results achieved by the Structural Adjustment Programme, the country has benefited from several cancellations, reductions and reschedulings of its debt;
- The budget deficit, the second weak spot in the assessment, has increased by 4.16 per cent in 1998 over the previous budget period, rising from 25.38 billion CFA francs to 26.4 billion CFA francs.
The institutional and political framework of good governance thus takes the following form:
- An executive power organized around two "poles", in the person of the President of Burkina Faso and the Head of Government. In the light of the Constitution of 2 June 1991, the President constitutes the "keystone" of the political system. The President’s role in governance is therefore of paramount importance;
- A bicameral legislature composed of the National Assembly and the Chamber of Representatives. The former has a membership of 111 deputies and exercises the legislative function exclusively, monitors the government of law;
- A judiciary entrusted with applying the laws, which is a fundamental mission in a democratic State governed by the rule of law.
Relations between the three branches of government -- executive, legislative and judicial -- are organized on the basis of the principle of the separation of powers. This principle is the foundation of the system of liberal representative democracy adopted by Burkina Faso and solemnly proclaimed in the Constitution of 2 June 1991.
Parallel to these three key organ, other structures round out the political and institutional framework of good governance. These include a number of consultative bodies, namely:
- The Economic and Social Council (CES), comprising 90 representatives of the main social and occupational groups, appointed by the Head of State, whose function is to give advisory opinions on draft legislation, ordinances or decrees and on proposed laws submitted to it;
- The Mediator of Burkina Faso, a kind of ombudsman, whose task is to settle disputes between citizens and the administration;
- The High Council on Information, whose function is to monitor the rules of professional ethics among the press and media .
The chief officials of these consultative bodies are appointed by the head of State.
A civil society that is diversified in structure: the press, associations, non-governmental organizations, religious congregations, trade unions, employers’ associations, etc. It is lacking in homogeneity but it is relatively dynamic in its role of providing for the participation of citizens in public affairs and monitoring the actions of the public authorities.
On the whole, therefore, the institutional environment constitutes a framework that is conducive to the exercise of good governance.
Good governance, understood as the exercise of political, economic and administrative authority in a way that guarantees participation by the people, political stability, institutional development and respect for human rights, requires the following basic principles:
- The participation of women and men in decision-making, either directly or through legitimate recognized institutions which articulate their interests; this implies freedom of opinion, of speech and of association;
- The primacy of law, which is expressed in the existence of fair legal frameworks, the impartial enforcement of the laws and an independent justice system;
- Transparency, based on the free flow of information, which is an essential condition for understanding and follow-up of issues of general interest;
- Equity, which entails the cultivation of a political, economic and social environment enabling every member of society to improve, or at least maintain, their standards of living;
- Effectiveness, achieved by adapting institutions to needs and by making optimal use of available resources;
- Accountability, which implies that those holding positions of responsibility at all levels (political institutions, administration, economy, civil society) should be answerable for their actions, and, as a corollary, citizens should be able to require an accounting from officials.
1.2 The players in good governance
The break with the political authoritarianism that characterized the regimes operating under special powers and the emergence of a State governed by the rule of law, have as their immediate consequences a change in the political and institutional environment.
1.2.1 The executive branch
The Head of State is the real head of the executive branch in terms of the powers vested in him by the Constitution. He is the strategic element in the system of governance. The Head of State determines the broad lines of the State’s policies and is the guarantor of the Constitution.
The Government, represented by the Prime Minister, conducts the nation’s policy, directs and coordinates Government action. He is responsible for the implementation of policy in the economic, social and cultural spheres and with regard to national defence. He is an important link in the system of governance.
The civil service is the instrument for carrying out government policies. It is a central component of the system of governance.
In connection with the redefinition of the role of the State, the executive has been vested with two missions:
- Guiding and promoting social and economic development;
- Establishing a framework that is conducive to the expression of initiative by the people.
1.2.2 The legislative branch and the consultative institutions
In application of the principle of the separation of powers, the parliamentary assemblies enjoy autonomy with a view to fostering their free administration in both structural and functional terms, and the free activity of their members vis-à-vis the administrative hierarchy of the State.
In the exercise of its functions, the National Assembly employs a number of procedures that are codified in constitutional, legislative and regulatory texts. These are basically legislative procedures (preparatory phase centering on the submission of bills and legislative proposals, the discussion phase and decision-making in plenary session) and procedures for monitoring governmental action (ensuring Government’s accountability through oral questions posed in the National Assembly, etc.).
The House of Representatives, created 1995, functions normally since 1996, with internal institutions and structures copied from the National Assembly.
The Economic and Social Council has also functioned regularly since its creation in 1994.
1.2.3 The judiciary
The importance of the justice system in the framework of a democratic State governed by the rule of law is recognized by the highest authorities of the State. Its role is therefore absolutely central to the system of good governance.
It is the primacy of law that sets the democratic State apart from an authoritarian State characterized by arbitrariness and imperial fiat.
The public service responsible for dispensing justice is organized into the following jurisdictions:
- The Supreme Court, comprising the plenary chambers, the constitutional division, the administrative division, the litigation division, and the audit division;
- The appeals courts;
- The courts of original jurisdiction;
- The departmental courts;
- The labour tribunals.
1.2.4 Civil society
The right of citizens to participate in the management of public affairs and in information is linked to the political culture and public opinion that exist within a country. While a democratic political culture is only beginning to take root, the emergence of a process of establishing the rule of law has given a new dimension to the components of civil society.
- Political parties, numbering 46 as at 28 January 1998, enjoy freedom of activity and opinion;
- Trade unions, whose traditions of struggle have been known since the colonial period, are tending towards a bipolarization; on the one hand, the federations and autonomous trade unions that realize the difficulties facing the government in the present context, and, on the other hand, the trade-union organizations which adopt a position of determined opposition to the Government’s economic reform policy. There are several employers’ associations in Burkina Faso, but most employers are represented by the Burkina Faso National Employers’ Council:
- Grassroots community associations (numbering around 6,000) freely created at the village level by groups of young people, women, farmers, stock-raisers, craftsmen and other for the purpose of promoting social, economic and cultural development;
- Non-governmental organizations (NGOs), owing to their non-governmental nature (232, including 147 foreign NGOs and 85 national NGOs (source: BSONG) constitute a special kind of not-for-profit association which, in a spirit of human solidarity, invest in the promotion of economic and social development of disadvantaged population groups. There are several kinds: those which provide financing, those which carry out activities in the field, those which provide support, grassroots NGOs and NGOs specializing in training;
- Human rights associations, numbering 10, to which can be added two consumer protection associations;
- Women’s organizations. These work for the advancement of women and the defence of women’s rights;
- Customary and religious institutions. The traditional chieftaincy and religious communities seem to have greater influence on the activities of the executive and the legislative branches. They generally play a role of urging conciliation and national harmony;
- The private sector, which is increasingly dynamic owing to the measures taken by the Government with the aim of reforming the climate for investment.
- The press and the electronic media, which have been flourishing since the emergence of a State governed by the rule of law and the adoption of a very liberal Information Code.
There has been an increase in the number of privately-owned publications: three dailies, seven weeklies, ten monthly publications and three quarterlies, not to mention occasional publications. Some thirty privately owned radio stations broadcast on FM within the national territory.
2.0 TRANSPARENCY AND ACCOUNTABILITY: TWO ESSENTIAL CRITERIA OF GOOD GOVERNANCE
Burkina Faso possesses a number of assets when it comes to the establishment of good governance. To this end, a number of steps have been taken:
2.1 At the level of the executive
The following should be noted:
- The study on "democracy in Burkina Faso" carried out by the International Institute for Democracy and Electoral Assistance (IDEA), commissioned by the Government;
- The governmental press conference on issues of burning importance. The Government’s spokesman meets whenever necessary with the national and international press to report on the Government’s decisions on important issues.
Beyond these one-time actions, certain instruments and structures have been established to ensure moral oversight and transparency in the conduct of public affairs. Mention might be made of the following:
- The law governing publicly funded companies, which sets forth general regulations for publicly funded companies.
Pursuant to this law, the following bodies were created:
* The Governing Board
* The Management Audit
* The Provisional Administration
All these bodies should ensure the sound and effective management of public affairs.
- The decree containing regulations governing the award of public contracts and the implementing texts, which lays down regulations applicable to the conclusion, performance and monitoring of public contracts
- The official gazette, which reports on the activities of the public authorities, is regularly made available to the citizens.
- The Governing Boards of the Ministerial Sectors (CASEM), the Executive Councils and Management Councils, through which officials report periodically to workers in their areas. These bodies also provide opportunities for workers to seek any information that they may deem useful.
- The immediate supervisors, who ensure daily monitoring of public bodies;
- The Technical Inspectorates established within all ministerial departments are responsible for ensuring the correct implementation of labour legislation and standards;
The technical inspectorates usually come from the ministry in which they conduct their activities. Consequently, they are supposed to be more knowledgeable about the kinds of corruption that are common, and about the units and employees who are at the greatest risk.
- The General Inspectorate of Services (IGS), in the area of customs, is responsible for verifying the normal and proper operation of the central services, and monitoring the performance of various managers of the services and verifying compliance with the laws, regulations and administrative instructions;
- The General Inspectorate of Finances (IGF) has the distinction of having a sphere of activity which covers all ministerial departments. It is entrusted with monitoring all financial, fiscal and accounting units of the State or public local authorities, auditing the financial management of projects, public establishments, State enterprises, semi-public companies and all companies in which the State has a stake.
The General Inspectorate of Finances has more autonomy than the technical inspectorates and can go much farther in its investigations.
- The General State Inspectorate under the executive is entrusted with monitoring the administrative functioning, financial management and accounting of the public services of the State, local authorities, and national establishments and agencies having a public service purpose.
It is also responsible for advising and supervising employees of the services and agencies audited. It is required to recommend in the conclusions of its reports measures to improve the functioning of the services and correcting any administrative, financial or technical failings which it has identified.
As the supreme auditing body of the State, it has a broader sphere of activity that any other inspectorate and enjoys a greater degree of independence in the performance of its assignments.
- The Central Directorate of Public Contracting is responsible for overseeing that proper procedure is observed in the conclusion of public contracts by contracts commissions and internal contracts bodies.
- The Department of Financial Control, which is entrusted with auditing the general budget, supplementary budgets and special treasury accounts, the budgets of local authorities and public establishments, and verifying the lawfulness and morality of all acts relating to expenditure.
- The National Anti-Fraud Coordination Office is responsible for implementing the national policy defined by the Government for the suppression of fraud and protecting the economy in cooperation with law enforcement agencies.
2.2 At the level of the legislature
Note should be taken of:
- The establishment of two parliamentary commissions of inquiry and audit which have been vested with the means of conducting an investigation into the management of administrative units.
By way of example, mention may be made of the commission dealing with the privatization of public enterprises by the Government and the commission on the use of State subsidies to public establishments. Some of the findings of these commissions have already been published.
- The defence of its budget in the National Assembly by each ministerial department before the Finance Act is adopted;
- The existence of a more experienced parliamentary administration;
- The election of new, better qualified deputies (second legislature);
- The sociological composition of the Chamber of Representatives;
- The existence of a more activist presidency in the Economic and Social Council;
- Oral questions posed by deputies to members of the Government;
- All the texts adopted during the year by the national Assembly are compiled in a document made available to the administration and the public;
- The recent adoption of a law on the establishment, membership and powers of the Independent National Elections Commission (CENI) constitutes a significant step forward in the process of democratization.
2.3 At the level of the judiciary
One might mention:
- The Constitution of 2 June, which by reaffirming the separation of powers and the independence of the justice system, defines the latter’s sphere of competence. This makes for effective accountability on the part of the personnel of the justice system and review of the exercise by the judiciary of its power.
- The establishment of an audit division responsible for auditing public accountants, verifying the regularity of income and expenditures recorded by public accountants, participating in the auditing of implementation of finance laws, ensuring the auditing of accounts and management of the EPICs, State corporations, semi-public companies or private companies.
- The establishment and effective functioning of the Judicial Service Commission (CSM), entrusted with giving its opinions on the appointment of members of the bench and for the award of honours to members of the Bench. Its views must also be sought for carrying out the death penalty. In addition, the Head of State may consult CSM on any matters relating to the independence of the judiciary. It serves as a promotion and disciplinary body; in such cases the Head of State and Minister of Justice, who are its President and Vice-President, respectively, are excluded from participation.
2.4 At the level of civil society
There has been increased vigilance with respect to the conduct of public affairs and through various actions civil society has sought to promote transparency. Mention should be made of, inter alia:
- The holding of an international seminar on corruption in Ouagadougou in November 1997. The seminar considered several topics relating to corruption and adopted an appeal known as the Ouagadougou Appeal. This appeal invited the various participants to implement an independent structure for combating corruption in their respective countries with the involvement of civil society.
- Following this appeal some twenty civil-society associations created in December 1997 an association known as the "National Anti-Corruption Network" (REN-LAC). The network has set for itself the goal of working to ensure morality and transparency in the conduct of public affairs. The organs of REN-LAC are the General Assembly of Association members, a permanent secretariat, and three specialized commissions which are groups for ongoing work and reflection.
- The press questions the authorities and civil society on matters of concern to citizens. It is a medium through which those who have responsibilities provide an accounting to the citizens.
- The holding on a regular basis of congresses and statutory meetings of the structures of civil society.
CONCLUSION
Taking into account Burkina Faso’s assets and shortcomings with respect to transparency and accountability, the task of the State should rely more on the economic and social advancement of the people.
It is therefore imperative that the system of governance that has become a priority for the authorities should guarantee the fundamental rights of citizens, that is, should place them under the protection of an efficient judicial system, and public management that is transparent, accountable and participatory.
These assets and shortcomings with respect to transparency and accountability that have been observed at all levels of the State's operations necessitate a strengthening of the existing system of accountability by means of regulatory and legislative measures through:
- Mandatory programming of activities by each administrative unit and internal and external evaluation of their performance, as well as the issuing of annual reports on evaluation activities and findings;
- Institutional support to the Audit Division, with extension of its evaluation assignments to public policies;
- Involvement of independent and credible private bodies in the strengthening of the system of administrative accountability;
- Formal recognition of a right to access to administrative documents and publication of the reports of audit bodies (General Inspectorate, Accounts Division).
Lastly, it should be emphasized that there can be no good governance without accountability.