This country is placed in Band F

Recommendations Unavailable

Policy recommendations not available for this country's assessment

Leadership 30
01.
score
1

Is there formal provision for effective and independent legislative scrutiny of defence policy?

Researcher + Peer Reviewer4237: Under the 1991 Constitution the executive branch is charged with the organisation and management of the security sector, while security sector oversight lies with the legislative and judicial branches.

The national assembly has oversight over the executive power and consequently over the security forces. It must therefore ensure the smooth functioning of security services. It is in charge of voting the budget and passing laws aimed at guaranteeing general peace and tranquillity for all citizens throughout the national territory. Within the National Assembly, there is the Parliamentary Committee on Defence and Security which conducts oversight on the security sector.

However, parliament’s authority and involvement in the political decision-making process and scrutiny of defence policy is inefficient and limited significantly by repressive, militarised, and corrupt state security actors (source 4). The BTI country report on Burkina Faso (2014) notes that, 'the unicameral National Assembly’s authority and involvement in decision-making is notoriously ineffective and its mechanisms of oversight are severely limited.' The report further notes that 'The judiciary is formally independent and institutionally distinct but dominated and politicized in practice by the executive branch.'

The national assembly and its foreign affairs and defence commission, or La Commission des Affaires étrangères et de la Défense (CAED), are the main mechanisms available to the legislative branch of power for oversight of the security forces. The national assembly carries out its functions through oral questions, requests for information and enquiries.The CAED deals with questions of international relations, foreign policy and cooperation under international treaties and agreements, as well as general organisation of defence and security and military cooperation policy.

COMMENTS -+

1. Bayala, J-P. ‘Burkina Faso.’ Chapter 3. Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso (Accessed 15 March 2015).

2. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

3. Bertelsmann Stiftung (2006). ‘Country Report: Burkina Faso.’ Retrieved from: http://bti2006.bertelsmann-transformation-index.de/84.0.html?&L=1&L=1 (Accessed 15 March 2015)

4. Bertelsmann Stiftung, BTI 2014 — Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung.

SOURCES -+

Opinion: Agree with Comments

Comment: The current transitional period might lead to a stronger position of the national assembly when the new government is in place.
On the other hand, the transition government encompasses several military elements.
Hence, the score is fair.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

02.
score
1

Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?

Researcher + Peer Reviewer4237: In accordance with the constitution and the code of criminal procedure, oversight of the security forces falls to the national assembly and the judicial branch of power. There is Parliamentary Committee on Defence and Security within the National Assembly. However its authority and involvement in the decision-making process and scrutiny of defence policy is inefficient and limited significantly by repressive, militarised, and corrupt state security actors (BTI 2014). The BTI country report on Burkina Faso (2014) notes that, 'the unicameral National Assembly’s authority and involvement in decision-making is notoriously ineffective and its mechanisms of oversight are severely limited.' The report further notes that 'The judiciary is formally independent and institutionally distinct but dominated and politicized in practice by the executive branch.'

In principle the National Assembly exerts an oversight role, through its constitutional responsibility to oversee the executive branch of government. However, in practice such control mechanisms have never been utilised.

According to the provisions of the code of criminal procedure, courts and tribunals lead and control the security forces in carrying out their criminal investigation functions.The executive orchestrates judicial appointments and promotions, and prosecutors are part of a hierarchy headed by the justice minister; because of this, the executive interferes in judicial decisions. The judicial system suffers from rampant corruption, which stems from an overall system that is inefficient, poorly trained and poorly equipped (BTI 2014).

COMMENTS -+

1. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

2. Bertelsmann Stiftung (2006). ‘Country Report: Burkina Faso.’ Retrieved from: http://bti2006.bertelsmann-transformation-index.de/84.0.html?&L=1&L=1 (Accessed 15 March 2015)

3. Bayala, J-P. ‘Burkina Faso.’ Chapter 3. Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso (Accessed 15 March 2015)

4. Bertelsmann Stiftung, BTI (2014) — Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung.

5. Legal codes:
Law N°25/94/ADP of 24 May 1994 establishing a military tribunal in Ouagadougou
Law N°24/94/ADP of 24 May 1994 on Code of Military Justice
Decree N°2002-026/PRES/PM/DEF of 5 February 2002
Decree N° 94-159/PRES/DEF of 28 April 1994 on Disciplinary Regulations for the Armed Forces
Decree N°95-0026/DEF/CAB of 1 March 1995

SOURCES -+

Opinion: Agree with Comments

Comment: The score is correct. However, I do not understand the comments related to the independence of the Judiciary which are not relevant regarding the defence Committee of the Parliament.
The independence of Parliamentarians is more at stake in this case, and obviously they have behaved as followers of the Executive until now with hardly any interference with the Army functioning.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

03.
score
0

Is the country's national defence policy debated and publicly available?

Researcher + Peer Reviewer4237: The assessor found no evidence of a national defence policy, of its debate in the National Assembly or of consultation with the public in terms of defence policy. There is also no evidence that the legislature exercises oversight over the defence sector. Article 133 of the Constitution of Burkina Faso (1991) states that the President of Burkina Faso is the guarantor of the independence of the judiciary.

The annual vote on the national budget, and rare oral questions posed by Deputy Ministers in charge of Security, Defence or Justice, are the only occasions outside of the Parliamentary Committee on Defence and Security that security and defence issues are discussed in the National Assembly.

According to the 2013 Human Rights Reports of the US Department of State, The law does not provide for public access to government information. While government ministries released some non-sensitive documents, local journalists have complained that ministries are unresponsive to requests for information, citing national security and confidentiality as the reasons. There is no procedure to appeal denials of requests for information.

COMMENTS -+

1. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso

2. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

3. Bertelsmann Stiftung. ‘Country Report: Burkina Faso.’ Retrieved from: http://bti2006.bertelsmann-transformation-index.de/84.0.html?&L=1&L=1

4. Bertelsmann Transformation Index 2006. ‘Burkina Faso.’

5. Interview with member of the National Assembly, 24 April 2014

6. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

7. The Heritage Foundation. Open Budget Index 2010. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

8. Defence Web (2014). Thousands rally in Burkina Faso against lifting presidential term limit. June 2. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=34946:thousands-rally-in-burkina-faso-against-lifting-presidential-term-limit&catid=54:Governance&Itemid=118 (Accessed 15 March 2015).

9. The Constitution of Burkina Faso 1991

10: US Department of State (2013) Human Rights Reports: Burkina Faso. Bureau of Democracy, Human Rights, and Labour. April 19. http://www.state.gov/j/drl/rls/hrrpt/2012/af/204094.htm (Accessed 15 March 2015).

SOURCES -+

Opinion: Disagree

Comment: The score could be slightly higher since the role and functions of the Army in the Nation have been thoroughly discussed and debated after the October 2014 events. I believe the Army will not be any longer the totally uncontrolled institution it used to be after what happened then.
This being said, it is a fact that is not a formal debate of the national defence policy.

Suggested score: 1

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

04.
score
1

Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?

Researcher + Peer Reviewer4237: The assessor found no evidence of CSO engagement on issues related to corruption in defence. There is some evidence of government willingness to involve CSOs in corruption clean up campaigns in the country. For example, the State’s Supreme Audit Authority (ASCE) collaborated with civil society to publish an annual report documenting financial irregularities, embezzlement, and improper use of public funds in various ministries, government agencies, and state-run companies. Also, within the scope of establishing local police forces, local security committees constitute a formal civil society oversight mechanism, as they include civil society representatives.

Besides, with the EITI process under way in Burkina Faso in 2008, civil society actors were granted a structured mechanism for accessing powerful interlocutors in government and in mining companies. The civil society organisation Orcade was promoted to the status of official interlocutor on a quasi-equal standing with government.

In May 2011, the local EITI secretariat released a first report of payments from mining companies received by the state fiscal authority, covering the period 2008 and 2009. However, Burkina Faso reported partial implementation of Article 5 of the UN Convention against Corruption (UNCAC) on establishing anti-corruption policies, highlighting the importance of involving civil society in the process.

More generally, the BTI 2014 country report on Burkina Faso notes that, 'While civil society participation is permitted in general, organizations’ influence on the political leadership’s democratization efforts becomes apparent only in situations when ignoring civil society would seriously endanger the government’s power.'

Report by Act Alliance Working Group on Development Effectiveness (2011) suggests that at the political and policy level, there are deliberate attempts by the government to include CSOs in the policy making process. The report notes that CSOs in Burkina Faso observe improvement in their relationship with the government.This is different from the previous years when policy planning and deliberation was strictly a concern of the government and the donors. CSOs have been incorporated in various organs of policy formulation including the Sector Working Groups, which review and issue recommendations on various sectors and priorities. CSOs are also part of the technical committee that is overseeing the development
and the finalisation of the next Medium Term Strategy for Poverty Reduction. However, CSOs find it difficult to participate in budget monitoring as there is limited access to data. The government of Burkina Faso does not readily provide information to CSOs to facilitate their monitoring of budget execution. This is further compounded by the lack of an act guaranteeing access to information to the public enabling qualified participation on the basis of relevant data (Act Alliance 2011).

COMMENTS -+

1. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso (Accessed 15 March 2015)

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm (15 March 2015)

3. The Constitution of Burkina Faso 1991.

4. Bertelsmann Stiftung, BTI (2014). Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung.

5. Act Alliance (2011). Political Space of Civil Society Organisations in Africa: Civil Society, Aid Effectiveness and Enabling Environment. The Cases of Burkina Faso, Ghana and Zambia. http://cso-effectiveness.org/IMG/pdf/cso_enabling_environment.pdf (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: There are examples of CSO engagement with general government anti-corruption initiatives (for example, Réseau National de Lutte Anti-Corruption). However, few examples of direct engagement with security institutions.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

05.
score
2

Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)

Researcher + Peer Reviewer4237: Burkina Faso signed the United Nations Convention against Corruption (UNCAC) on 10 December 2003, and ratified it on 10 October 2006. Burkina Faso has ratified the African Union Convention of Preventing and Combating Corruption. Publicly available evidence suggests that Burkina Faso’s level of compliance with the tenets of UNCAC is very low. For example, Burkina Faso reported partial implementation of Article 5 on establishing anti-corruption policies. However, Burkina Faso has not complied with Article 16, criminalising active bribery of foreign public officials and officials of public international organisations.

Source:

African Union Advisory Board on Corruption (2014). Status of ratification of the Convention on Corruption. http://www.auanticorruption.org/auac/about/category/status-of-the-ratification

COMMENTS -+

1. United Nations Office on Drugs and Crime (UNDOC). ‘United Nations Conventions Against Corruption: Signature and Ratification Status as of 2 April 2014.’ Retrieved from: https://www.unodc.org/unodc/en/treaties/CAC/signatories.html (15 March 2015)

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm (15 March 2015)

3. U4 AntiCorruption Resource Centre. U4 Expert Answer. ‘Update on UNCAC Implementation in Africa.’ www.u4.no/publications/uncac-and-africa/downloadasset/335 (Accessed 15 March 2015).

4. African Union Advisory Board on Corruption (2014). Status of ratification of the Convention on Corruption. http://www.auanticorruption.org/auac/about/category/status-of-the-ratification

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

06.
score
0

Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?

Researcher + Peer Reviewer4237: The assessor found no evidence that the government participates in any public events to discuss issues of defence.The law does not provide for public access to government information. There is no procedure to appeal denials of requests for information. While government ministries do release some non-sensitive documents, local journalists complained that ministries generally were unresponsive to requests for information (US Department of State 2011) . According to the US Department of State Human Rights Report (2013), the government cited national security and confidentiality as the reasons behind withholding information.

COMMENTS -+

1. U4 AntiCorruption Resource Centre. U4 Expert Answer. ‘Update on UNCAC Implementation in Africa.’ www.u4.no/publications/uncac-and-africa/downloadasset/335 (Accessed 15 March 2015)

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm (Accessed 15 March 2015)

3. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf (Accessed 15 March 2015)

4. International Crisis Group (ICG) (2015). Burkina Faso: Nine Months to Complete the Transition. Africa Report no. 22. http://www.crisisgroup.org/en/regions/africa/west-africa/burkina-faso/222-burkina-faso-nine-months-to-complete-the-transition.aspx (Accessed 15 March 2015).

5. US Department of State (2013). Burkina Faso 2013 Human Rights Report. http://www.state.gov/documents/organization/220297.pdf (Accessed 15 March 2015).

SOURCES -+

Opinion: Disagree

Comment: During and after the October 2014 events, strong debates took place about the role of the Army in the Nation's development and political life.
Furthermore, when the Presidential Guard went on strike in the beginning of this year, their role and position in the army organization were openly debated.
As a matter of fact, it is not a formal debate but it is still an improvement as many CSO participated in these exchanges of views.

Suggested score: 2

Peer Reviewer-+

Opinion: Disagree

Comment: I strongly disagree with ranking this as a 0. There is regular debate and discussion about security issues within Burkinabé press. Political cartoons are a popular way of criticizing politicians and the defence sector. The role of the presidential guards was heavily discussed in the media in 2015. Civil society organizations, such as Mouvement Burkinabé des Droits de l'Hommes et des Peuples (MBDHP) have put out several publications with regards to abuses within armed forces. However, serious government reactions usually only comes with sustained pressure (seen after the Norbert Zongo incident and 2011 crisis, for example). Government commissions were established after each of these sustained public protests.

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

07.
score
2

Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?

Researcher + Peer Reviewer4237: In response to widespread corruption, the government of Burkina Faso launched a national anti-corruption policy and developed several anti corruption institutions in 2001. However, Burkina Faso still lacks comprehensive anti-corruption legislation that can govern all relevant institutions. Implementation is very weak. Moreover, the existing control structures lack independence as the major anti-corruption agencies are controlled by the executive.

The majority of citizens (61%) surveyed by RENLAC knew of the existence of anti-corruption structures. Many, however, found them ineffective.&quoute; (Business Anti-Corruption Portal). The Heritage Foundation’s Index of Economic Freedom 2010, characterises government’s anti-corruption institutions as fragmented and lacking autonomy and sufficient funding. Moreover, there is a lack of enforcement, leading to a situation in which anti-corruption laws are largely ignored - (Business Anti-Corruption Portal).

Information gleaned from the Business Anti-Corruption Portal notes that the High Commission for the Coordination of Anti-Corruption Activities (HACLC) was established by Burkina Faso's President Compaoré in late 2001. It was mandated to enforce the Anti-Corruption Policy, as well as to coordinate the fight against corruption and to assist the government in the prevention, detection and fight against fraud and corruption within government, including defence sector. According to the US Department of State 2011, the HACLC was replaced by the Superior Authority of State Control (ASCE) in November 2007. The ASCE is an anti-corruption structure under the Prime Minister's Office that merges the HACLC, the General State Inspectorate (GSI) and the National Commission for the Fight Against Fraud.

COMMENTS -+

1. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm (Accessed 15 March 2015)

2. U4 AntiCorruption Resource Centre. U4 Expert Answer. ‘Update on UNCAC Implementation in Africa.’ Retrieved from: www.u4.no/publications/uncac-and-africa/downloadasset/335 (Accessed 15 March 2015).

3. Business Anti-Corruption Portal. 'Burkinabe General Information. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/general-information.aspx (Accessed 15 March 2015)

4. The Heritage Foundation (2010). 2010 Index of Economic Freedom. http://www.heritage.org/index/

5. The Heritage Foundation (2015). 2015 Index of Economic Freedom. http://www.heritage.org/index/

SOURCES -+

Opinion: Agree with Comments

Comment: In addition, it should be stressed that the Superior Audit Institution (la Cour des comptes) is totally inefficient and never attempted any control of the Army's management and finances.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: Perceived corruption was a key issues of the widespread protests in 2014, which ultimately led to the removal of Compaoré from power. The transitional government has recently stated a new commitment to anti-corruption policies. The new law requires lawmakers (which in the case of the transitional government includes military figures) to declare their assets. It is unclear how effective the implementation has been/will be as this is a very new development. The transitional government will only be in place for one year. However, corruption will likely be a key issue addressed by those running in the elections in October 2015 and a new leader is unlikely to overturn the new legislation.

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

08.
score
2

Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?

Researcher + Peer Reviewer4237: The Constitution of 2 June 1991 marked Burkina Faso’s return to a regime with separated powers of government. Under this reformed system, the executive branch is charged with the organisation and management of the security sector, while security sector oversight lies with the legislative and judicial branches.

Within the National Assembly, there is the Parliamentary Committee on Defence and Security. In Burkina Faso, State security actors have been described as repressive, and corruption remains a pressing problem, particularly in the customs service, gendarmerie, police and justice system. Such misconduct has resulted in security sector institutions (SSIs) becoming isolated from the civilian population and struggling to gain the trust of the people they are intended to protect. The State’s Supreme Audit Authority (ASCE) is responsible for investigating corruption and ensuring the sound management of public funds. The audit authority, which collaborated with civil society, published an annual report documenting financial irregularities, embezzlement, and improper use of public funds in various ministries, government agencies, and state-run companies. According to the US Department of State 2011, the High Commission for the Coordination of Anti-Corruption Activities (HACLC) was replaced by the Superior Authority of State Control (ASCE) in November 2007. The ASCE is an anti-corruption structure under the Prime Minister's Office that merges the HACLC, the General State Inspectorate (GSI) and the National Commission for the Fight Against Fraud. Reportedly, this latest initiative is more independent than the HACLC, and has a larger mandate to investigate corruption cases. In addition to releasing annual reports from auditing entities, the ASCE is mandated to prosecute ethics breeches committed by civil servants and defence officials

In response to widespread corruption, the government of Burkina Faso launched a national anti-corruption policy and developed several anti corruption institutions. However, Burkina Faso still lacks comprehensive anti-corruption legislation that can govern all relevant institutions. Implementation is very weak. Moreover, the existing control structures lack independence as the major anti-corruption agencies are controlled by the executive. Burkina Faso also has laws and institutions that discourage bribery and corruption in general. Besides the Superior Authority of State Control (ASCE), an entity under the authority of the prime minister that merges the High Commission for the Coordination of Anti-Corruption Activities, the State Inspector General, and the National Commission for the Fight against Fraud, there is the Public Accounts Court, which audits the government’s accounts and complements the functions of the ASCE, and the Regulatory Authority of Government Tenders, which monitors government contract processes. All of these bodies have comprehensive mandates and they have already exposed corruption at different levels of government and administration.

COMMENTS -+

1. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

2. Bertelsmann Stiftung. ‘Country Report: Burkina Faso.’ Retrieved from: http://bti2006.bertelsmann-transformation-index.de/84.0.html?&L=1&L=1

3. Bertelsmann Transformation Index 2006. ‘Burkina Faso.’

4. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

5. US Department of State 2011. 2011 Human Rights Reports: Burkina Faso. http://www.state.gov/j/drl/rls/hrrpt/2011/af/186170.htm (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: There is no &quoute;independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption&quoute;.
Most of the mentioned institutions are formal, poorly funded and manned, and with limited efficiency.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Institutions are in place now, but are not efficacious and effecive.

Suggested score:

Government Reviewer-+

09.
score
1

Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?

Researcher + Peer Reviewer4237: A public survey cited in the Heritage Foundation 2010 shows that two-thirds of the surveyed population believes that corruption is becoming more widespread, and nearly half of the respondents report to have been directly affected by corruption. The lack of serious prosecution of corruption cases means that the media often report rumours and accusations.(Freedom House 2011).

Poor access to information, a culture of impunity, weak enforcement of anti corruption legislation and institutions, misappropriation of public funds and problems with separation of powers, are some of the most severe challenges facing Burkina Faso.

There is a lack of enforcement in Burkiina Faso, leading to a situation in which anti-corruption laws are largely ignored. The majority of citizens (61%) surveyed by RENLAC knew of the existence of anti-corruption structures. Many, however, found them ineffective.

COMMENTS -+

1. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: file:///Users/danielagbiboa/Downloads/04_Burkina_Faso_gender_security.pdf

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Freedom House (2011). Burkina Faso: Countries at the Crossroad 2011. https://freedomhouse.org/report/countries-crossroads/2011/burkina-faso#.VQavFLOsXpA (Accessed 15 March 2015).

4. The Heritage Foundation (2010). 2010 Index of Economic Freedom Burkina Faso. http://www.heritage.org/index/country/burkinafaso (Accessed 15 March 2015).

5. RENLAC (2013). Fight against corruption. http://www.renlac.com/index.php/publications

SOURCES -+

Opinion: Agree with Comments

Comment: Security forces are often part of the problem instead of being part of the solution.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: I do not think the reputation of the military is as poor as a '0' rating suggests. The international Crisis Group report &quoute;Burkina Faso: With or Without Compaoré' notes that the military had a good reputation and my own research in-country found similar perceptions. I do agree that the civilian population is skeptical of the will of the armed forces to implement anti-corruption measures.

Suggested score: 1

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

10.
score
0

Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?

Researcher + Peer Reviewer4237: There no evidence that the defence ministry of Burkina Faso or any other government agency regularly assesses the areas of greatest corruption risk for ministry and armed forces personnel, nor do they put in place adequate corruption mitigation measures.

The State’s Supreme Audit Authority (ASCE) published an annual report documenting financial irregularities, embezzlement, and improper use of public funds in various ministries, government agencies, and state-run companies. The agency had limited impact because it lacked independence and had no prosecution powers.

The government adopted a National Anti-Corruption Policy in 2004. It aims at strengthening regulatory and legal measures, making existing monitoring systems and law enforcement more effective, improving the efficiency and transparency of public services, strengthening international cooperation and improving civic participation in the fight against corruption (Business Anti-Corruption Portal).

The government has also taken sector specific anti-corruption action which, according to the US Department of State 2011, includes the establishment of a new 11-member Gold Anti-Fraud Squad (BNAF) in January 2008, and backed by legislation to allow the BNAF to regulate gold marketing and curb fraud cases.

In terms of organised crime, illicit trafficking and terrorism, law enforcement training is strengthened in Burkina Faso, notably through the use of Computer-Based Training (CBT), and infrastructure is improved; A Central Office on Drugs and Organised Crime is established and strengthened in Burkina Faso and law enforcement patrolling capacities are improved.

COMMENTS -+

1. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: file:///Users/danielagbiboa/Downloads/04_Burkina_Faso_gender_security.pdf

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Freedom House. 2011. ‘Burkina Faso.’ Retrieved from: http://www.freedomhouse.org/report/countries-crossroads/2011/burkina-faso#.U_mDObySw00

4. US Department of State 2011. 2011 Human Rights Reports: Burkina Faso. http://www.state.gov/j/drl/rls/hrrpt/2011/af/186170.htm (Accessed 15 March 2015).

5. Business Anti-Corruption Portal. Burkinabé Public Anti-Corruption Initiatives. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015)

6. United Nations Office on Drugs and Crime (UNDOC). ‘Burkina Faso.’ Retrieved from: https://www.unodc.org/westandcentralafrica/en/burkina-faso.html

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

11.
score
1

Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?

Researcher + Peer Reviewer4237: The process of acquisition planning in Burkina Faso is weak and non-transparent. According to Bryden and N'Diaye (2011), there is a lack of clarity over accountability and oversight bodies lack independence and are heavily politicised.

According to the Open Budget Survey, budget oversight provided by Burkina Faso’s Supreme Audit Institution (Cour des Comptes, SAI) is weak because it is not fully independent from the executive, the executive can remove the head of the SAI without seeking final consent from the legislature or judiciary, it does not have sufficient resources to meaningfully exercise its mandate, it does not issue timely Audit Reports on the final expenditures of national departments, and it does not have adequate reporting on the follow-up steps taken by the executive to address audit recommendations for remedial action.

According to the Business Anti-Corruption Portal, the Directorate General of Government Procurement (DGMP, in French) within the Ministry of Finance (in French) has exclusive power over the awarding and performance of public contracts, and the monitoring of compliance with the relevant legislation.

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

2. International Monetary Fund. 2012. IMF Country Report No. 12/123. Burkina Faso: Strategy for Accelerated Growth and Sustainable Development 2011-2015. Retrieved from: http://www.imf.org/external/pubs/ft/scr/2012/cr12123.pdf

3. The Heritage Foundation. 2014 Index of Economic Freedom. Retrieved from: http://www.heritage.org/index/country/burkinafaso

4. Bryden, A. and N'Diaye, B. (2011). Security Sector Governance in Francophone West Africa: Realities and Opportunities. Lit Verlag

5. Business Anti-Corruption Portal (2015) Burkinabé Public Anti-Corruption Initiatives. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: All observers of the Burkinabe economical and political life have concluded that the business climate has worsened during the last decade.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

12.
score
1

Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.

Researcher + Peer Reviewer4237: Burkina Faso's State Budget, Management 2014 is available on the official website of the Direction Generale du Budget (http://www.dgb.gov.bf/loif2014.php). The Budget is detailed under six titles: Title 1: Depreciation, charge of Public Debt, mitigation expenditures Revenue from previous managements; Title 2: Staff costs; Title 3: Operating expenditures; Title 4: Expenditure on current transfers; Title 5: Investment executed by the State; Title 6: Capital Transfers. Evidence on defence budget, showing key items of expenditure is likely to be highly aggregated as this is not explicit in the budget.

The most important policy instrument for the government of Burkina Faso is an Executive’s Budget Proposal. It presents how the government plans to raise revenues and where these funds will be allocated. Burkina Faso produces the budget proposal but does not make it available to the public. A Pre-Budget Statement sets forth the broad parameters that will define the government’s forthcoming budget. Information on defence budgets is likely to be highly aggregated.

An Enacted Budget becomes a country’s law and provides the baseline information for all budget analyses conducted during the budget year. In general terms, the Enacted Budget should provide the public with the data it can use to assess the government’s stated policy priorities and hold it to account. Burkina Faso publishes a comprehensive Enacted Budget.

Burkina Faso publishes In-Year Reports that are fairly comprehensive, but some information, such as that on actual borrowing, is not included.

Burkina Faso’s Open Budget Index (OBI) score for 2010 is 5 out of 1000, showing that in 2010 the government provided the public with almost no information on central government’s budget and financial activities.

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf (Accessed 15 March 2015).

2. International Monetary Fund. 2012. IMF Country Report No. 12/123. Burkina Faso: Strategy for Accelerated Growth and Sustainable Development 2011-2015. Retrieved from: http://www.imf.org/external/pubs/ft/scr/2012/cr12123.pdf (Accessed 15 March 2015)

3. The Heritage Foundation. 2014 Index of Economic Freedom. Retrieved from: http://www.heritage.org/index/country/burkinafaso (Accessed 15 March 2015)

4. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm (Accessed 15 March 2015)

5. Freedom House. 2011. ‘Burkina Faso.’ Retrieved from: http://www.freedomhouse.org/report/countries-crossroads/2011/burkina-faso#.U_mDObySw00 (Accessed 15 March 2015)

6. Direction Generale du Budget (2014). State Budget, Management 2014. http://www.dgb.gov.bf/loif2014.php (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

12A.
score
1

Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?

Researcher + Peer Reviewer4237: Burkina Faso’s Supreme Audit Institution (SAI) is charged with evaluating the government’s accounts, by extension defence accounts, and producing Audit Reports. In reality, the SAI rarely produces an Audit Report, and if it does, these are unlikely to be made public.

According to the Open Budget Survey, budget oversight provided by Burkina Faso’s legislature is inadequate because it does not hold open budget discussions at which the public can testify.

The Parliamentary Committee on Defence and Security within the National Assembly is responsible for defence budget scrutiny. However, there is no evidence that this committee has the ability to influence decision making. According to the Business Anti-Corruption Portal, Burkina Faso's Public Accounts Court (PAC, in French) was established in 2002 with the mandate to monitor the execution of defence budgetary legislation and the management of the state's funding of political parties. The PAC's reports have, amongst other things, identified accounting errors and the non-reimbursement of loans made to government officials and parliamentarians. However, the reports are not made public. Moreover, the PAC has very few enforcement powers, and that the government has final say over their membership, which ultimately limits the institution's independence. It is noteworthy, though, that the PAC's investigations have led to the discovery of different types of financial irregularities in the public administration.

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

2. International Monetary Fund. 2012. IMF Country Report No. 12/123. Burkina Faso: Strategy for Accelerated Growth and Sustainable Development 2011-2015. Retrieved from: http://www.imf.org/external/pubs/ft/scr/2012/cr12123.pdf

3. The Heritage Foundation. 2014 Index of Economic Freedom. Retrieved from: http://www.heritage.org/index/country/burkinafaso

4. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: Agreed.
The role of the Parliament is mostly formal. MPs always behave as followers of the Executive.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

12B.
score
1

Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?

Researcher + Peer Reviewer4237: There has been less progress in promoting transparency and public access to defence budgetary information in Burkina Faso. Burkina Faso’s Open Budget Index (OBI) for 2010 score is 5 out of 1000, which shows that in 2010 the government provided the public with almost no information on budgetary and financial activities.
A structured investigation of budgetary transparency in the city of Ouagadougou produced a mixed review. While production of the budget and accessibility to councillors was deemed to be improving, there was little public access to the budget process.
According to the 2013 Human Rights Reports of the US Department of State, The law does not provide for public access to government information. While government ministries released some non-sensitive documents, local journalists have complained that ministries are unresponsive to requests for information, citing national security and confidentiality as the reasons. There is no procedure to appeal denials of requests for information

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

2. International Monetary Fund. 2012. IMF Country Report No. 12/123. Burkina Faso: Strategy for Accelerated Growth and Sustainable Development 2011-2015. Retrieved from: http://www.imf.org/external/pubs/ft/scr/2012/cr12123.pdf

3. The Heritage Foundation. 2014 Index of Economic Freedom. Retrieved from: http://www.heritage.org/index/country/burkinafaso

4. US Department of State (2013) Human Rights Reports: Burkina Faso. Bureau of Democracy, Human Rights, and Labour. April 19. http://www.state.gov/j/drl/rls/hrrpt/2012/af/204094.htm (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

13.
score
0

Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?

Researcher + Peer Reviewer4237: Burkina Faso’s Supreme Audit Institution (SAI) is responsible for scrutinising the government’s accounts and producing an Audit Report. It reports whether the government has raised revenues and spent public funds in accordance with the authorised budget, whether the government’s bookkeeping is balanced and accurate, and whether there were problems in the management of public funds. In reality, Burkina Faso hardly produces an Audit Report. If it does, it is not publicised nor accessible. Therefore there is no such publication of sources of defence income.

Burkina Faso’s Open Budget Index (OBI) for 2010 score is 5 out of 1000, which shows that in the period surveyed the government provided the public with virtually no information on central government’s budget and financial activities. According to the Open Budget Survey, budget oversight provided by Burkina Faso’s Supreme Audit Institution (SAI) (Cour des Comptes) is weak because it: is not fully independent from the executive; the executive can remove the head of the SAI without seeking final consent from the legislature or judiciary; does not have sufficient resources to meaningfully exercise its mandate; does not issue timely Audit Reports on the final expenditures of national departments; and does not have adequate reporting on the follow-up steps taken by the executive to address audit recommendations for remedial action.

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

2. International Monetary Fund. 2012. IMF Country Report No. 12/123. Burkina Faso: Strategy for Accelerated Growth and Sustainable Development 2011-2015. Retrieved from: http://www.imf.org/external/pubs/ft/scr/2012/cr12123.pdf

3. The Heritage Foundation. 2014 Index of Economic Freedom. Retrieved from: http://www.heritage.org/index/country/burkinafaso

4. Direction Generale du Budget (2014). State Budget, Management 2014. http://www.dgb.gov.bf/loif2014.php (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: Several by incomes are not reflected in the Defence's budget report such as forestry activities (cutting wood and producing charcoal), guarding private or non official premises, selling goods to troops (Economat).

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

14.
score
0

Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?

Researcher + Peer Reviewer4237: There is no evidence of an internal audit process for defence ministry expenditure in Burkina Faso. However, the Business Anti-Corruption Portal does note that the Public Accounts Court (PAC, in French) was established in 2002 with the mandate to monitor the execution of budgetary legislation and the management of the state's funding of political parties. The PAC's reports have, amongst other things, identified accounting errors and the non-reimbursement of loans made to government officials and parliamentarians. he PAC has very few enforcement powers, and that the government has final say over their membership, which ultimately limits the institution's independence (Business Anti-Corruption Portal 2014)

Available evidence suggests that the defence ministry in Burkina Faso lacks an effective internal audit process for expenditure. Within the National Assembly, there is the Parliamentary Committee on Defence and Security. However, parliament’s authority and involvement in the political decision-making process and scrutiny of defence policy and budget is inefficient and limited significantly by repressive, militarised, and corrupt state security actors (BTI 2014).

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

2. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

3. Bertelsmann Stiftung. 2006. ‘Country Report: Burkina Faso.’ Retrieved from: http://bti2006.bertelsmann-transformation-index.de/84.0.html?&L=1&L=1

4. Bertelsmann Transformation Index 2014. ‘Burkina Faso.’

5. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

6. Freedom House. 2011. ‘Burkina Faso.’ Retrieved from: http://www.freedomhouse.org/report/countries-crossroads/2011/burkina-faso#.U_mDObySw00

7. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: The Court of Accounts has no effective powers, no real independence and no significant means to implement such controls.
A sound approach to accountability in the Country would be to strengthen and train this institution.

Mention should be made to the doing business report of the Worl Bank for 2015. Burkina Faso 's position is worse than last year:
Income category: Low income
Population: 16,934,839
GNI per capita (US$): 670
DB2015 rank: 167
DB2014 rank: 161*
Change in rank: -6
DB 2015 DTF: 48.36
DB 2014 DTF: 47.89
Change in DTF: 0.47

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is no external auditing and the internal control is not effective.

Suggested score:

Government Reviewer-+

15.
score
1

Is there effective and transparent external auditing of military defence expenditure?

Researcher + Peer Reviewer4237: External auditing of military defence expenditure in Burkina Faso is non-existent. In reality, Burkina Faso hardly produces any Audit Reports. If it does, they are not publicised nor accessible

Budget oversight provided by Burkina Faso’s Supreme Audit Institution (SAI) is generally weak because it: is not fully independent from the executive; the executive can remove the head of the SAI without seeking final consent from the legislature or judiciary; it does not have sufficient resources to meaningfully exercise its mandate; it does not issue timely Audit Reports on the final expenditures of national departments, including defence; and it does not have adequate reporting on the follow-up steps taken by the executive to address audit recommendations for remedial action.

According to the Business Anti-Corruption Portal, the Public Accounts Court (PAC, in French) was established in 2002 with the mandate to monitor the execution of budgetary legislation and the management of the state's funding of political parties. The PAC's reports have, amongst other things, identified accounting errors and the non-reimbursement of loans made to government officials and parliamentarians.

The Business Anti-Corruption Portal further notes that the High Commission for the Coordination of Anti-Corruption Activities (HACLC) was established by President Compaoré in late 2001. It was mandated to enforce the Anti-Corruption Policy, as well as to coordinate the fight against corruption and to assist the government in the prevention, detection and fight against fraud and corruption within government. However, the HACLC was replaced by the Superior Authority of State Control (ASCE) in November 2007. The ASCE is an anti-corruption structure under the Prime Minister's Office that merges the HACLC, the General State Inspectorate (GSI) and the National Commission for the Fight Against Fraud. But the agency had limited impact because it lacked independence and had no prosecutorial powers over defence matters.

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

2. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4. Business Anti-Corruption Portal (2015). http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: Apart from the Court of Accounts, there is hardly any possible independent external evaluation. The Inspection générale d'Etat and the Inspection des Fiances are both totally in the hands of the Executive. Unfortunately the Court (theoretically equivalent to the National Audit Office) has neither the capacities nor, most likely, the will to implement such controls over the Ministry of Defence.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is no external auditing and the internal control is not effective.

Suggested score:

Government Reviewer-+

16.
score
2

Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?

Researcher + Peer Reviewer4237: There is no explicit evidence linking the country's defence institutions to financial interests in businesses associated with the country's natural resource exploitation.Given Burkina Faso’s corrupt and military past, it is possible that the country’s defence institutions have some level of control and financial interests in businesses associated with Burkina Faso’s natural resources.

Burkina Faso is one of the countries in the sub-region where the military has played, and continues to play, a major role in the management of internal affairs, including commercial businesses. Burkina Faso is rich in natural resources and is emerging as one of the most attractive mining destinations in Africa, especially for gold exploration and exploitation. Burkina Faso is ranked by the Fraser Institute as the third most attractive in Africa for mining, behind only Botswana and Ghana. The income from gold plays an important role for the national economy. Gold production has doubled since 2008 and has become the second largest export product after cotton[2].

Zinc and manganese are also exploited in Burkina Faso. As a result of widespread corruption in the mining sector of Burkina Faso, the country acquired a Candidate status with the Extractive Industries’ Transparency Initiative Burkina Faso (EITI-BF). The intention was to pool their energies together to make transparent management of mineral resources of the country a priority. Since September 2007, the Burkinabe authorities have initiated a process of accession to the EITI which is ‘an international standard of good governance in the extractive industries’, as noted by Djiri Dakar, the Permanent Secretary of the EITI-BF.

COMMENTS -+

1. Fraser Institute. 2012 Survey.

2. Moore Stephens, Initiative pour la transparence dans les Industries Extractives ITIE Burkina Faso, Rapport Final de conciliation des paiements des sociétés minières à l’Etat et des recettes perçues par l’Etat des dites sociétés pour l’exercice 2010, Juillet 2012. Retrieved from: http://eiti.org/files/Burkina-Faso-2010-EITI-Report.pdf

3. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015)

3. Engberg-Perderson, Lars, Endangering Development: Politics, Projects, and Environment in Burkina Faso (Praeger Publishers, 2003).

4. Englebert, Pierre, Burkina Faso: Unsteady Statehood in West Africa (Perseus, 1999).

SOURCES -+

Opinion: Agree with Comments

Comment: It is difficult to assess to which extent the military have institutional interests in the the country's natural resource exploitation.
However, most likely, some of it's leaders have multiple personal connections with businesses operating on the fields of mining (gold), fauna or forestry activities.
Several by incomes are not reflected in the Defence's budget report such as forestry activities (cutting wood and producing charcoal), guarding private or non official premises, selling goods to troops (Economat).

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: I agree with this score largely due to the second part of the criteria. There is insufficient scrutiny of the defence institutions. Still, there is a lack of evidence of defence involvement in the extractive industry.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

17.
score
4

Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?

Researcher + Peer Reviewer4237: There is no evidence that these organised crime networks have infiltrated the defence and security sector.

Regarding the drug and crime situation, there have been no significant seizures of cocaine reported in Burkina Faso to date. However, with the shifting of inland routes, there is likely to be an increase in drug trafficking.

Other areas of concern for Burkina Faso are trafficking in persons, smuggling of migrants, and terrorism. Overall, Burkina Faso would benefit from improved border control capacities given its status as a transit country.

Burkina Faso is a landlocked country with no maritime outlet and is a hub for trafficking in all sorts of goods destined for and coming from the neighbouring countries, especially small arms and light weapons, drugs, precious stones, livestock, wood, coffee and cocoa. The smuggling trade in Burkina Faso dates back to the 1990s. In response to widespread corruption and increasing risk of organised crime, the government of Burkina Faso launched a national anti corruption policy and developed several anti corruption institutions.

There is evidence that the government of Burkina Faso is alert and prepared for these risks. In terms of awareness and research, there is a victimisation survey and research on the extent of drug abuse conducted in Burkina Faso. There is a developed national policy on drug issue and HIV/AIDS prevention among drug users.

In terms of organised crime, illicit trafficking and terrorism, law enforcement training is strengthened in Burkina Faso, notably through the use of Computer-Based Training (CBT), and infrastructure is improved; A Central Office on Drugs and Organised Crime is established and strengthened in Burkina Faso and law enforcement patrolling capacities are improved. Moreover, intelligence and information gathering, analysis and exchange capacities are enhanced in Burkina Faso. At the international airport, Joint Interdiction Teams are operational and the container terminal is in place. Countering terrorism and strengthening border security are of growing importance in Burkina Faso.

The United States and Burkina Faso engage in a number of military training and exchange programs, including in counter-terrorism and humanitarian assistance. The country is contributing to the support of U.S. efforts in the Sahel. Burkina Faso is a partner in the Africa Contingency Operations Training and Assistance program for peacekeeping and is a member of the Trans-Sahara Counter-terrorism Partnership.

COMMENTS -+

1. US Department of State. 2013. US Relations with Burkina Faso. Retrieve from: http://www.state.gov/r/pa/ei/bgn/2834.htm

2. United Nations Office on Drugs and Crime (UNDOC) (2014). ‘Burkina Faso.’ Retrieved from: https://www.unodc.org/westandcentralafrica/en/burkina-faso.html

3. McFarland, Daniel Miles and Rupley, Lawrence A, Historical Dictionary of Burkina Faso (Scarecrow Press, 1998).

4. Manson, Katrina and Knight, James, Burkina Faso (Bradt Travel Guides, 2011).
Engberg-Perderson, Lars, Endangering Development: Politics, Projects, and Environment in Burkina Faso (Praeger Publishers, 2003).

5. Englebert, Pierre, Burkina Faso: Unsteady Statehood in West Africa (Perseus, 1999).

SOURCES -+

Opinion: Disagree

Comment: Several &quoute;affairs&quoute; occurred during the two last decades (Norbert Zongo) which partly unveiled an organized exploitation of national resources or companies by the ex regime.
Attempts to prosecute those who committed these penal or financial crimes systematically failed, including with the military jurisdictional system.
So, if there is no evidence of connections with international crime connections, it is not wrong to deem that a local system was in place under the auspices of the Compaore regime.

Suggested score: 3

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

18.
score
1

Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?

Researcher + Peer Reviewer4237: The National Police, under the Ministry of Security, and municipal police, under the Ministry of Territorial Administration, are responsible for public security. Gendarmes, under the Ministry of Security, are responsible for restoring law and order during a disturbance, enforcing the penal code, and taking preventive actions within and outside the defence service. The army, under the Ministry of Defence, was responsible for external security and national territorial integrity.

The bodies in charge of managing the security forces, including issues of corruption and organised crime within the defence services, are the General Directorate of Police, the Gendarmerie General Staff, and the General Staff of the Fire Brigade. Under the responsibility of their respective Ministers, they are in charge of the organisation, functioning and management of the various security forces. They also carry out internal control of the services through permanent technical inspection missions or ad hoc inspections. The US Department of State reports that the use of excessive force, corruption, a climate of impunity, and lack of training contributed to police ineffectiveness in Burkina Faso. Inadequate resources also impeded police effectiveness. There is no evidence that the General Directorate of Police, the Gendarmerie General Staff, and the General Staff of the Fire Brigade are independent nor effective bodies.

In response to widespread corruption and increasing risk of organised crime, the government of Burkina Faso launched a national anti corruption policy and developed several anti corruption institutions. However, Burkina Faso still lacks comprehensive anti-corruption legislation that can govern all relevant institutions. Implementation is very weak.

In terms of organised crime, illicit trafficking and terrorism, law enforcement training is strengthened in Burkina Faso, notably through the use of Computer-Based Training (CBT), and infrastructure is improved; A Central Office on Drugs and Organised Crime is established and strengthened in Burkina Faso and law enforcement patrolling capacities are improved. Moreover, intelligence and information gathering, analysis and exchange capacities appear to be enhanced in Burkina Faso. Information gleaned from the US Department of State website also suggest that America and Burkina Faso engage in a number of military training and exchange programs, including in counterterrorism and humanitarian assistance. The country is contributing to the support of U.S. efforts in the Sahel. Burkina Faso is a partner in the Africa Contingency Operations Training and Assistance program for peacekeeping and is a member of the Trans-Sahara Counterterrorism Partnership.

COMMENTS -+

1. US Department of State. 2013. US Relations with Burkina Faso. Retrieve from: http://www.state.gov/r/pa/ei/bgn/2834.htm (Accessed 15 March 2015)

2. United Nations Office on Drugs and Crime (UNDOC). ‘Burkina Faso.’ Retrieved from: https://www.unodc.org/westandcentralafrica/en/burkina-faso.html (Accessed 15 March 2015)

3. Bayala, J-P. ‘Burkina Faso.’ Chapter 3. Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso (Accessed 15 March 2015).

4. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: I agree with the score. There have been ongoing tensions between the police and military (and at times genadrmerie), which further hinders their ability to effectively police/investigate/arrest internally.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

19.
score
0

Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?

Researcher + Peer Reviewer4237: The policies, administration and budgets of the intelligence services in Burkina Faso appears to be subject to some level of oversight. However, according to the BTI Report and the Business Anti-Corruption Portal, the effectiveness and independence of oversight bodies are largely dubious. There is no evidence of internal controls in the intelligence services.

According to the provisions of the code of criminal procedure, courts and tribunals lead and control the security forces in carrying out their criminal investigation functions. The National Assembly is the body that has oversight over the executive power, and consequently over the security forces. It must therefore ensure the smooth functioning of the security services, which requires enormous resources, both in terms of quantity and quality. It is in charge of voting the budget and passing laws aimed at guaranteeing general peace and tranquillity for all citizens throughout the national territory. In addition, it controls the activities of the security forces and ensures that they carry out their responsibilities in observance of human rights and in conformity with national laws and policies.

Within the National Assembly, there is the Parliamentary Committee on Defence and Security. However, according to the BTI report, parliament’s authority and involvement in the political decision-making process and scrutiny of defence policy, including budgetary policy, is inefficient and limited significantly by repressive, militarised, and corrupt state security actors. The national archives do not contain any records of enquiries, audits or reports drafted by the successive parliamentary majorities that relate to oversight of the internal security forces and intelligence services. Bayala argues that the armed forces and security forces seem to be granted implicitly the privilege of ‘auto-control’ in this area.

COMMENTS -+

1. Bayala, J-P. ‘Burkina Faso.’ Chapter 3. Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso (Accessed 15 March 2015)

2. US Department of State. 2013. US Relations with Burkina Faso. Retrieve from: http://www.state.gov/r/pa/ei/bgn/2834.htm (Accessed 15 March 2015)

3. United Nations Office on Drugs and Crime (UNDOC). ‘Burkina Faso.’ Retrieved from: https://www.unodc.org/westandcentralafrica/en/burkina-faso.html (Accessed 15 March 2015)

4. Burkina Faso government portal: www.primature.gov.bf/burkina/histoire/précoloniale.htm (Accessed 15 March 2015)

5. Bertelsmann Stiftung, BTI (2014). Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung
Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015)

SOURCES -+

Opinion: Disagree

Comment: No external oversight whatsoever has ever had any control over the Secret Services' activities and budget over the last decade.

Suggested score: 0

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

20.
score
0

Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?

Researcher + Peer Reviewer4237: In theory, senior positions within the intelligence services in Burkina Faso should be filled on the basis of objective selection criteria (based on meritocracy) without any undue influence by third parties. Articles 154 to 159 of the Penal Code (in French) criminalise corruption, embezzlement, abuse of office and influence-peddling in the public sector. However, in reality, the US Department of State notes that the integrity and credibility of the selection process is frequently compromised. Indeed, the criteria for selection of senior positions remains unclear. There is no evidence that investigations are undertaken of candidates' suitability for roles in the intelligence service.

COMMENTS -+

1. ‘Burkina Faso.’ Retrieved from: www.child-soldiers.org/user_uploads/pdf/burkinafaso907183.pdf (Accessed 15 March 2015).

2. IRIN, “Burkina Faso: Army major arrested in connection with September coup plot”, 9 January
2004, http://www.irinnews.org. (Accessed 15 March 2015)

3. US Department of State. 2013. US Relations with Burkina Faso. Retrieve from: http://www.state.gov/r/pa/ei/bgn/2834.htm (Accessed 15 March 2015)

4. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: For the last decade, the major actors actually in charge of intelligence, both in and out of the Country have never been officially appointed as such.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

21.
score
2

Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?

Researcher + Peer Reviewer4237: Burkina Faso voted for the adoption of the Arms Trade Treaty (ATT), signed on 3rd June 2013 and ratified the ATT on 3 June 2014.

In June 2006, as a member of the African Union, Burkina Faso adopted an African Common Position to take to the Conference to Review the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA, June 2006)

In June 2006, as a member of the Economic Community of West African States (ECOWAS), Burkina Faso adopted the ECOWAS Convention on Small Arms and Light Weapons, their Ammunition and other Related Materials. This stipulates strict controls on the transfer, manufacture, possession and security of small arms and light weapons. The United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition has been signed and ratified by Burkina Faso.

While Burkina Faso has signed and ratified various international arms control treaties, including the ATT, there are shortcomings in its level of compliance, according to public evidence. There is no corroborating evidence that upcoming arms exports are subject to parliamentary approval and debate. Reports suggest that the level of firearm and ammunition smuggling in Burkina Faso is moderate.

COMMENTS -+

1. armstreaty.org. ‘Burkina Faso.’ Retrieved online: http://armstreaty.org/state/burkina-faso/

2. UNODA.2013.‘Towards Entry Into Force.’ Arms Trade Treaty.New York NY:United Nations Office for Disarmament Affairs, 2 April.

3. ECOWAS / UNODA.2006.‘Convention on Small Arms and Light Weapons, their Ammunition and other Related Materials.’ United Nations Programme of Action Implementation Support System: Regional Organisations.New York:Economic Community of West African States Secretariat / United Nations Office for Disarmament Affairs,14 June.

4. GDAV.2006.‘Geneva Declaration.’ Geneva Declaration on Armed Violence and Development.Geneva:Geneva Declaration on Armed Violence and Development Secretariat, 7 June.
UNODA.2013.‘Towards Entry Into Force.’ Arms Trade Treaty.New York NY:United Nations Office for Disarmament Affairs,2 April.

5. GunPolicy.org. ‘Burkina Faso - Gun Facts, Figures and the Law.’ http://www.gunpolicy.org/firearms/region/burkina-faso

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Not Qualified

Comment:

Suggested score:

Government Reviewer-+

Risk management 60
22.
score
0

How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?

Researcher + Peer Reviewer4237: Under the terms of article 84 of the constitution, the National Assembly passes laws, approves taxes and monitors government activity, including asset disposal.

Information about asset control and disposal in Burkina Faso are not accessible and there is very little public knowledge of the process involved. Given Burkina Faso’s poor political corruption record and weak law enforcement agencies, as indicated by the Business Anti-Corruption Portal, there is likely to be widespread corruption in asset disposal.

The BTI report notes that laws or regulations guaranteeing information access do not exist in Burkina Faso; nor does a provision for the president and major officeholders to declare assets acquired during public service. The BTI report further notes that there are few reliable public sources of information about corruption in Burkina Faso, and the media are often left to publish rumors and accusations. Few government agencies provide customer- friendly services (for example on Web sites), which seriously compromises citizens’ ability to obtain information about government operations, including the proposed national budget.

COMMENTS -+

1. Blakes. ‘Burkina Faso Investment Context.’ (2014) http://www.blakes.com/English/Resources/Bulletins/Pages/Details.aspx?BulletinID=1924

2. International Monetary Fund (IMF). 2013. ‘Burkina Faso: Ex Post Assessment of Longer-Term Program Engagement—An Update.’ Retrieved online: http://www.imf.org/external/pubs/ft/scr/2013/cr13228.pdf

3. Africam Asset Management (2014). http://www.africaammagazine.com/?s=Burkina+Faso&submit=Search

4. Bertelsmann Stiftung, BTI (2014). Burkina Faso CountryReport. Gütersloh: Bertelsmann Stiftung,
Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: Public assets management is extremely poor in the Country and cases of misappropriation of public goods are countless.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

23.
score
0

Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?

Researcher + Peer Reviewer4237: The Parliamentary Committee on Defence and Security within the National Assembly is likely to be responsible for the scrutiny of assets disposal in Burkina Faso. However, according to Bayala (2011), the independence of this body and the transparency of its dealings, is questionable. Public access to government information is virtually non-existent in Burkina Faso and the law is mute on this matter. In accordance with the constitution, oversight of the security forces falls to the National Assembly and the judicial branch of power. Under the terms of article 84 of the constitution, the National Assembly passes laws, approves taxes and monitors government activity, including asset disposal.

In practice, there is no evidence that the National Assembly scrutinises asset disposal; nor are reports of such scrutiny made publicly available.

COMMENTS -+

1. Bayala, J-P. (2011). ‘Burkina Faso.’ Chapter 3. Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso (Accessed 15 March 2015)

2. US Department of State. 2013. US Relations with Burkina Faso. Retrieved from: http://www.state.gov/r/pa/ei/bgn/2834.htm (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

24.
score
0

What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?

Researcher + Peer Reviewer4237: There is no publicly available source showing the percentage of defence and security expenditure in the budget year dedicated to spending on secret items relating to national security and the intelligence services.

A 2011 survey by Budget Office of the Federation (BoF) on military expenditure within the Economic Community of West African States (ECOWAS) shows that Burkina Faso (with $112 million) is among the top largest spenders. According to the World Fact Book of the Central Intelligence Agency (CIA), Burkina Faso spends 1.39 percent of its GDP on defence and security expenditure. Similarly, military expenditure (% of GDP) in Burkina Faso was last measured at 1.39 in 2012, according to the World Bank. Sources from MilitaryBudget.org and Stockholm International Peace Research Institute (SIRPI) shows that Burkina Faso spent $153,000,000 on their military in 2012 which amounted to 1.5% of the country’s GDP that year.

COMMENTS -+

1. Business Day. 2014. ‘Huge recurrent budget strangles military spending on hardware’ May 25. http://businessdayonline.com/2014/05/huge-recurrent-budgeting-strangles-military-spending-on-hardware/#.U_zzILySw00

2. Central Intelligence Agency (CIA). (2014) ‘The World Fact Book.’ Retrieved from: https://www.cia.gov/library/publications/the-world-factbook/geos/uv.html

3. Stratfor.com, 'Burkina Faso: Army Mutiny Spreads,' April 18, 2011

4. MilitaryBudget.org. ‘Burkinabe Military Budget.’ (2012) Retrieved from: http://militarybudget.org/burkina-faso/

5. Trading Economics. ‘Military Expenditure in Burkina Faso.’ (2012) http://www.tradingeconomics.com/burkina-faso/military-expenditure-percent-of-gdp-wb-data.html

6. Direction Generale du Budget (2014). State Budget, Management 2014. http://www.dgb.gov.bf/loif2014.php (Accessed 16 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

25.
score
0

Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?

Researcher + Peer Reviewer4237: There is no evidence suggest that the legislature is provided with clear information on expenditure on secret items. This is likely to be entirely aggregated in the budget.

In Burkina Faso, the National Assembly is in charge of voting the budget and passing laws aimed at guaranteeing general peace and tranquillity for all citizens throughout the national territory.

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

2. International Monetary Fund. 2012. IMF Country Report No. 12/123. Burkina Faso: Strategy for Accelerated Growth and Sustainable Development 2011-2015. Retrieved from: http://www.imf.org/external/pubs/ft/scr/2012/cr12123.pdf

3. The Heritage Foundation. 2014 Index of Economic Freedom. Retrieved from: http://www.heritage.org/index/country/burkinafaso

4. Bertelsmann Stiftung, BTI (2014). Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung

SOURCES -+

Opinion: Agree with Comments

Comment: There is no culture of transparency and accountability among the armed forces.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

26.
score
0

Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?

Researcher + Peer Reviewer4237: Burkina Faso’s Supreme Audit Institution (SAI) is charged with evaluating the government’s accounts and producing Audit Reports. It reports whether the government has raised revenues and spent public funds in accordance with the authorised budget, whether the government’s bookkeeping is balanced and accurate, and whether there were problems in the management of public funds.

In reality, there is no evidence that the SAI produces an Audit Report. If it does, it is not made public. This makes it difficult for the public to hold the government accountable for the management of funds. According to the Open Budget Survey, budget oversight provided by Burkina Faso’s legislature is inadequate because it does not hold open budget discussions at which the public can testify.The national archives do not contain any records of enquiries, audits or reports drafted by the successive parliamentary majorities that relate to
oversight of the internal security forces.

According to the BTI report, the Public Accounts Court (PAC) audits the government’s accounts and complements the functions of the Superior Authority of State Control (ASCE) , and the Regulatory Authority of Government Tenders, which monitors government contract processes. The Open Budget Survey notes that budget oversight provided by Burkina Faso’s legislature is inadequate because it does not hold open budget discussions at which the public can testify.According to the Open Budget Survey, budget oversight provided by Burkina Faso’s SAI (or Cour des Comptes) is weak because it:

1. is not fully independent from the executive; the executive can remove the head of the SAI
without seeking final consent from the legislature or judiciary;
2. does not have sufficient resources to meaningfully exercise its mandate;
3. does not issue timely Audit Reports on the final expenditures of national departments; and
4. does not have adequate reporting on the follow-up steps taken by the executive to
address audit recommendations for remedial action.

Burkina Faso’s Open Budget Index (OBI) 2010 score is 5 out of 100, which shows that in the period surveyed the government provided the public with almost no information on central government’s budget
and financial activities. This made it virtually impossible for citizens to hold the government
accountable for its management of the public’s money.

COMMENTS -+

1. Open Budget Index 2010. Burkina Faso. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf (Accessed 15 March 2015)

2. International Monetary Fund. 2012. IMF Country Report No. 12/123. Burkina Faso: Strategy for Accelerated Growth and Sustainable Development 2011-2015. Retrieved from: http://www.imf.org/external/pubs/ft/scr/2012/cr12123.pdf (Accessed 15 March 2015)

3. The Heritage Foundation. 2014 Index of Economic Freedom. Retrieved from: http://www.heritage.org/index/country/burkinafaso (Accessed 15 March 2015)

4. Bayala, J-P. ‘Burkina Faso.’ Chapter 3. Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso (Accessed 15 March 2015)

5. Bertelsmann Stiftung, BTI (2014) Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung
Open Budget Survey (2011). Open Budget Index 2010 - Burkina Faso. http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

27.
score
0

Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?

Researcher + Peer Reviewer4237: There is reporting structure in Burkina Faso - WSA Burkina - that oversee off-budget expenditure in the military. The law in Burkina Faso seem to support off-budget (military) expenditure. However, this is hardly reported or made publicly available. In 2013, for instance, the Burkina Faso Country Office (WSA Burkina) set quite ambitious goals and did everything possible to achieve them in partnership with the government and with support from the headquarters. Among others, WSA Burkina focused on massive stakeholder mobilisation for the High level Forum, effective implementation of the “Let’s Count on Ourselves Initiative” (ICON), resource mobilisation for government off-budget military priority projects, strengthening of partnerships with government and other institutions, and ensuring good progress in the implementation of all on-going projects.

Burkina Faso’s Open Budget Index (OBI) 2010 score is 5 out of 100, which shows that in the period surveyed the government provided the public with almost no information on central government’s budget
and financial activities. This made it virtually impossible for citizens to hold the government
accountable for its management of the public’s money.

COMMENTS -+

1. Joint Evaluation of General Budget Support. 2006. ‘Evaluation of General Budget Support - Burkina Faso Country Report.’ May. Retrieved from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/67833/gbs-burkina-faso.pdf

2. WSA Burkina Faso: 2013 in Perspective. Retrieved from: http://wsafrica.org/en/story/wsa-burkina-faso-2013-perspective

3. Bertelsmann Stiftung, BTI (2014) Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung
Open Budget Survey (2011). Open Budget Index 2010 - Burkina Faso. http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: Defence and especially special operation used to be part of the &quoute;domaine réservé&quoute; of the Head of State. Hence, there is a total black-out on these expenditure.
There is little hope that it might evolve under the current transitional regime.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

28.
score
0

In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?

Researcher + Peer Reviewer4237: Evidence from Freedom House suggests that there are significant off-budget military expenditures in Burkina Faso. This off-budget military spending is likely to involve illicit economic activity - including extra-legal arms trafficking - according to public evidence and media reports.

Burkina Faso is one of Africa’s poorest countries, with per capita GDP standing at around $1 200. The country cannot afford much in the way of new equipment, but recorded its biggest purchase in thirty years when it procured three Super Tucano trainer/light attack aircraft in September 2011. However, Burkina Faso’s economy has been growing steadily - this has resulted in an increase in defence spending, including off-budget military expenditure, but much of this goes towards salaries. The Office of the President continues to maintain discretionary authority over a number of budget lines (BTI 2014). These are less well-monitored than ministerial budgets, giving considerable scope for President Compaoré to reward political favors - this refer to off-budget government projects (ie. unofficial, 'through the back door' payments). The budget of the armed forces, moreover, offers considerable scope for personal enrichment by higher-level officers. (Freedom House 2012). Very little is verifiable in these areas of potential corruption.

COMMENTS -+

1. Defence Web. ‘Burkina Faso.’ Retrieved from: http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=29375:burkina-faso&catid=119:african-militaries&Itemid=255

2. Joint Evaluation of General Budget Support. 2006. ‘Evaluation of General Budget Support - Burkina Faso Country Report.’ May. Retrieved from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/67833/gbs-burkina-faso.pdf

3. WSA Burkina Faso: 2013 in Perspective. Retrieved from: http://wsafrica.org/en/story/wsa-burkina-faso-2013-perspective

4. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

5. Bertelsmann Stiftung. ‘Country Report: Burkina Faso.’ Retrieved from: http://bti2006.bertelsmann-transformation-index.de/84.0.html?&L=1&L=1

6. Freedom House (2011). Countries at the Crossroads 2011: An Analysis of Democratic Governance. Volume 11.

7. Bertelsmann Stiftung, BTI (2014) Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

29.
score
0

In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?

Researcher + Peer Reviewer4237: In Burkina Faso, mechanisms for classifying information on the grounds of protecting national security are not subject to effective scrutiny in Burkina Faso. In fact, according to the BTI report of 2014, the law does not provide for public access to government information. There is no procedure to appeal denials of requests for information on the grounds of protecting national security. No further evidence could be found.

COMMENTS -+

1. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso (Accessed 15 March 2015)

2. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

3. Bertelsmann Stiftung. ‘Country Report: Burkina Faso.’ Retrieved from: http://bti2006.bertelsmann-transformation-index.de/84.0.html?&L=1&L=1 (Accessed 15 March 2015)

4. Bertelsmann Transformation Index 2006. ‘Burkina Faso.’

5 .US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

6. The Heritage Foundation. Open Budget Index 2010. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

7. Bertelsmann Stiftung, BTI (2014) Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung

8. Interview with member of the National Assembly, 24 April 2014

SOURCES -+

Opinion: Agree with Comments

Comment: Basically, during the Compaore period, secret covered all operations implemented on behalf of the State House. It is difficult to assess whether this will evolve in a positive way during and after the transitional period.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

30.
score
0

Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?

Researcher + Peer Reviewer4237: Burkina Faso is one of the countries in the sub-region where the military has played, and continues to play, a major role in the management of internal affairs, including commercial businesses. According to an interviewee, evidence suggests that national defence and security institutions have beneficial ownership of small commercial businesses, but these businesses are rarely publicised and their operational and financial details cannot be accessed.

COMMENTS -+

1. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

2. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: file:///Users/danielagbiboa/Downloads/04_Burkina_Faso_gender_security.pdf

3. Interviewee with Analyst, Ouagadougou 1 October 2014.

SOURCES -+

Opinion: Agree with Comments

Comment: The intrication between business and defence is rather a matter of individuals (the military chiefs) than an institutional fact.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: I have not seen evidence of defence *institutions* owning commercial businesses. However, I have heard rumours of defence individuals taking part in small commercial businesses on the side.

Suggested score: 4

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

31.
score
0

Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?

Researcher + Peer Reviewer4237: There is no evidence that military-owned businesses in Burkina Faso are subjected to transparent independent scrutiny at a recognised international standard.

There is a culture of corruption and impunity among the military in Burkina Faso (Business Anti-Corruption Portal 2015). One of the major sources of foreign exchange earnings of Burkina Faso comes from gold mining. Military and other officials have been implicated in corruption in this sector. Amongst the worst offenders for self-enrichment and cronyism are the military elites.

COMMENTS -+

1. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. IRIN. ‘Burkina Faso: Fragile Democracy being Tested.’ Retrieved from: http://www.irinnews.org/report/62994/burkina-faso-fragile-democracy-being-tested

4. International Property Rights Index (IPRI) 2012.

5. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: I have not seen evidence of military-owned businesses and thus cannot say whether they are subject to scrutiny. The above researcher assessment seems to be based more on assumptions than proof. While I do not disagree with the statement that elites are wealthy, I do not believe it is fair to assume this is the result of a military-owned business.

Suggested score: N/A

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

32.
score
0

Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?

Researcher + Peer Reviewer4237: Burkina Faso law permits private ownership by government officials and there is no evidence that the government of Burkina Faso explicitly outlaws private enterprise within the state’s defence and security operations. There is no evidence that the Burkinabe government publicly discourages private enterprise; nor are there any repercussions for those individuals found to be engaged in private enterprise.

According to the Salone Monitor, &quoute;Gold mining – one of the country’s biggest foreign exchange earners – is a deeply criminal business implicating military personnel&quoute; Amongst the worst offenders for self-enrichment and cronyism are the military elites.

According to the interviewee, in practice, it is very likely that defence ministry employees engage in unauthorised private enterprises with impunity, and under the guise of ‘official’ military operations. In June 2013 the president of the Constitutional Council ordered the establishment of commissions to verify assets declared by state officials, including those in defence. In August the council organised a national workshop to strengthen mechanisms for enforcing compliance with financial disclosure laws. Private sector corruption is poorly covered by current anti-corruption legislation in Burkina Faso.

COMMENTS -+

1. BTI 2014. ‘Burkina Faso Country Report.’ Retrieved from: http://www.bti-project.de/uploads/tx_itao_download/BTI_2014_Burkina_Faso.pdf

2. KnowYourCountry (2014). ‘Burkina Faso.’ Retrieved from: http://www.knowyourcountry.com/burkina6.html

3. Business Anti-Corruption Portal (2015). ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

4. Interview with Public Policy Expert, Ouagadougou 1 October 2014

SOURCES -+

Opinion: Agree with Comments

Comment: At the highest level of the State, confusion was extreme between public, private and personal business. With such a background, no doubt that there was no official reactions to such enterprises among the military.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

Policies & codes 90
34.
score
1

Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?

Researcher + Peer Reviewer4237: There is no evidence of public commitment to anti-corruption and integrity measures on the part of defence ministers in Burkina Faso. However, the Business Anti-Corruption Portal reports that the government adopted a National Anti-Corruption Policy in 2004. It aims at strengthening regulatory and legal measures, making existing monitoring systems and law enforcement more effective, improving the efficiency and transparency of public services, strengthening international cooperation and improving civic participation in the fight against corruption.

The perception of corruption is widespread and the government’s rhetoric and institutional action in fighting bribery and corruption is significant. Besides the Superior Authority of State Control (ASCE), an entity under the authority of the prime minister that merges the High Commission for the Coordination of Anti-Corruption Activities, the State Inspector General, and the National Commission for the Fight against Fraud, there is the Public Accounts Court, which audits the government’s accounts and complements the functions of the ASCE, and the Regulatory Authority of Government Tenders, which monitors government contract processes. All of these bodies have comprehensive mandates and they have already exposed corruption at different levels of government and administration.

However, in almost no cases have their findings or recommendations been implemented. Transparency International ranks Burkina Faso number 79 on its corruption index. According to Chantal Uwimana, the Africa Director of Transparency International, the main reasons for Burkina Faso's low score on the Index this year could be that the country ‘has a low score with regards to government's capacity to punish and contain corruption. The country could make an effort in making public efforts made - if any - to prosecute corrupt officials.’

COMMENTS -+

1. Afrol News. 2013. ‘Rwanda wins, Burkina Looses Corruption Fight.’ 29 October. Retrieved from: http://afrol.com/articles/36837

2. BTI 2014. ‘Burkina Faso Country Report.’ Retrieved from: http://www.bti-project.de/uploads/tx_itao_download/BTI_2014_Burkina_Faso.pdf

3. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: file:///Users/danielagbiboa/Downloads/04_Burkina_Faso_gender_security.pdf

4. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

5. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: Obviously it was not part of their agenda.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: The National Transitional Council (CNT), which includes a significant number of military personnel, recently passed new anti-corruption legislature. (RFI, 'le Conseil national vote la loi anti-corruption,' 05-03-2015) It is unclear if the armed forces as whole supports this measure.

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

35.
score
2

Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?

Researcher + Peer Reviewer4237: In Burkina Faso, the law provides criminal penalties for official corruption. Articles 154 to 159 of the Penal Code (in French) criminalise corruption, embezzlement, abuse of office and influence-peddling in the public sector. According to 2013 Human Rights report by the US Department of State, the government of Burkina Faso did not enforce the law effectively, and officials often engaged in corrupt practices with impunity. Local NGOs criticised what they called the overwhelming corruption of senior civil servants. They reported pervasive corruption in the customs service, gendarmerie, tax agencies, national police, municipal police, public health service, municipal governments, education sector, government procurement, and the Ministry of Justice.The government prosecuted several senior government officials for corruption, but no high-profile defendants were convicted during the year. The State’s Supreme Audit Authority (ASCE) is responsible for investigating corruption and ensuring the sound management of public funds in Burkina Faso. In 2013, the audit authority, which collaborated with civil society, published an annual report documenting financial irregularities, embezzlement, and improper use of public funds in various ministries, government agencies, and state-run companies. The agency had limited impact because it lacked independence and had no prosecutorial powers. The public perception of corruption is widespread in Burkina Faso. The reluctance to disclose reports about official corruption casts doubt on the government's will to fight corruption.

The BTI reports that in the 2011 mutinies, 171 police officers were disciplined for their participation, the national director-general of the police was replaced, and 567 mutinous soldiers were dismissed from the military ranks, about 300 of whom were placed in detention. While holding the security forces accountable for their acts (looting, property destruction, human rights abuses and killings) was an important step toward more justice and accountability.

The BTI further reports that fighting rampant political and bureaucratic corruption, including the criminal prosecution of corrupt officeholders, has been one of the public’s main demands for many years and that demand continued during the period under review. Isolated cases of corruption are prosecuted.

COMMENTS -+

1. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

2. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso

3. Jean-Pierre Bayala, “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011 forthcoming).

4. U4 Anti-Corruption Resource Centre. 25 February 2008. ‘Assessing Impact of Anti-Corruption Measures in Burkina Faso.’ Retrieved from: http://www.u4.no/publications/assessing-impact-of-anti-corruption-measures-in-burkina-faso/

5. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

6. US Department of State (2014). 2013 Human Rights Reports: Burkina Faso. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm (Assessed 15 March 2015).
Bertelsmann Stiftung, BTI (2014). Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung

SOURCES -+

Opinion: Agree with Comments

Comment: These penal provisions apply to the rank and file. Never was a senior government official prosecuted under such incrimination until the October 2014 events.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

36.
score
0

Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?

Researcher + Peer Reviewer4237: Whistleblower protection laws are lacking in Burkina Faso. The African Peer Review Mechanism Burkina Faso 2008 reports that the country is lacking whistleblower legislation, which poses a hindrance to the fight against corruption. The Government of Burkina Faso has stated that it wishes to facilitate anti-corruption efforts, and several institutions have been set up and international conventions ratified in recent years. However, the lack of access to information and an absence of whistle-blower laws are indeed severe impediments to fighting corruption in Burkina Faso.

Information from the Global Corruption Barometer (2014), the BTI report (2013) and the US 2013 Human Rights Reports on Burkina Faso shows no evidence of informal mechanisms to facilitte whistleblowing in the MOD/army or the broader government.

COMMENTS -+

1. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

2. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

3. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015)

4. Transparency International (2013). Global Corruption Barometer - 2013. http://www.transparency.org/gcb2013 (Accessed 15 March 2015).

5. US Department of State (2014). 2013 Human Rights Reports: Burkina Faso. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm (Accessed 15 March 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: The Norbert Zongo affair is typical on how whistle-blowers would be treated under the Compaore regime.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

37.
score
0

Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?

Researcher + Peer Reviewer4237: There is no recognition by the establishment that certain positions are more vulnerable to corruption than others; nor are there any procedures/codes of conduct in place that cover rotation of post, vetting, post-retirement restrictions etc. There is no evidence that special attention is paid to personnel in sensitive positions in Burkina Faso nor is the selection criteria publicly available. Indeed, there is no clarity over the mechanisms for selection and oversight.

Context: The president of Burkina Faso is key to the appointment of officials into sensitive positions in Burkina Faso. For example, the Office of the Ombudsman was established by law in 1994 and handles written complaints against the public administration from the public. The Ombudsman is appointed by the President for a non-renewable five-year term and cannot be removed during this term. According to the US Department of State 2009, the Ombudsman has limited resources and no report of the Ombudsman's work was published during 2009. The Constitutional Council Judges are appointed by the President upon the proposal of the Minister of justice. The Judges are appointed for 9-year terms with one-third of judges renewed every 3 years. Article 55 of the Burkina Faso Constitution states that the President of Faso appoints to the offices of the high civil and military administration[,] as well as in the societies and enterprises of strategic character determined by the law. He appoints the ambassadors and the extraordinary envoys to the foreign powers and to international organizations. The foreign ambassadors and extraordinary envoys are accredited to him. He appoints the Grand Chancellor of the Order Burkinabe. A law determines the functions or offices for which the power of appointment of the President of Faso is exercised after [the] opinion of the Parliament as well as the modalities and effects of this consultation.

COMMENTS -+

1. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Ouedraogo, Brahima. 2013. ‘Thousands Protest new Burkina Faso Senate Senate.’ AP, July 28. Retrieved from: http://news.yahoo.com/thousands-protest-burkina-faso-senate-145435374.html

4. Burkina Faso's Constitution of 1991 with Amendments through 2012. Retrieved from: https://www.constituteproject.org/constitution/Burkina_Faso_2012.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

38.
score
0

Is the number of civilian and military personnel accurately known and publicly available?

Researcher + Peer Reviewer4237: Information on the number of civilian and military personnel is not officially made available by the defence establishment. According to Index Mundi, the value for Armed forces personnel, total in Burkina Faso was 11,450 as of 2011. Armed forces personnel (% of total labor force) in Burkina Faso was 0.15 as of 2011. Its highest value over the past 21 years was 0.25 in 2001, while its lowest value was 0.15 in 2011. Armed forces personnel (% of total labor force) in Burkina Faso was last measured at 0.16 in 2011, according to the World Bank. The Army of Burkina Faso (L'Armée de Terre – Ground Forces or LAT) is a skeletonized force structure of some 5,800–6,000 officers and men, augmented by a conscript force or People's Militia of some 45,000 men and women. The IISS estimated in 2011–12 that Burkina Faso had 6,400 personnel in the Armee de Terre in three military regions, one tank battalion (two tank platoons), five infantry regiments that may be understrength, and an airborne regiment. Artillery and engineer battalions are also listed. The accuracy of these figures could not be verified.

COMMENTS -+

1. Index Mundi (2014). ‘Burkina Faso - Armed Forces Personel.’ Retrieved from: http://www.indexmundi.com/facts/burkina-faso/armed-forces-personnel

2. Trading Economics (2014). ‘Armed Forces Personnel (% of total labour force) in Burkina Faso.’ Retrieved from: http://www.tradingeconomics.com/burkina-faso/armed-forces-personnel-percent-of-total-labor-force-wb-data.html

3. IISS Military Balance 2012, 423–424.

4. Alan Bryden, Boubacar N'Diaye, 'Security Sector Governance in Francophone West Africa: Realities and Opportunities,' DCAF/Lit Verlag, 2011.

5. Cooper, Tom & Weinert, Peter (2010). African MiGs: Volume I: Angola to Ivory Coast

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The International Crisis Group report, 'Burkina Faso: With or Without Compaoré' estimates total active duty military between 7,000 and 8,000 based on interviews with Burkinabe military personnel. This figure is roughly consistent with estimates gathered by peer reviewer during recent in-country research.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

39.
score
0

Are pay rates and allowances for civilian and military personnel openly published?

Researcher + Peer Reviewer4237: There is no available information on the pay rate and allowances for civilian and military personnel. These are not openly published.

General context: The BTI report notes that extensive economic grievances (poor pay, housing, etc.) among the security forces persist despite the government’s efforts to meet their demands. The political aspects of the incidents have not been addressed at all. These include a clear breakdown in command; a lack of respect for the forces’ leaders, whom the soldiers accuse of corruption, favoritism and embezzlement; and deep anger toward the state’s authorities, including the president.

According to a BBC News Africa report, dated 15 January 2015, members of parliament in Burkina Faso have decided to cut their salaries by half. BBC notes that the move followed heated exchanges on social media after it was revealed that MPs were paid more than $3,000 (£1,985) a month.The average salary in Burkina Faso is about $150 a month. Revelations about MPs' pay prompted angry reactions on social media, with many saying the pay levels amounted to an abuse of power.

Public access to government information is difficult. World Bank reports suggest that Burkina Faso’s public service entered the decade of the 1990s with a three-year total freeze on salary increases, including those due on staff promotions. In those thee years, in real terms, the salary levels of all public servants, including defence, inevitably declined. The freeze was lifted in January 1993. Concurrently, the salary adjustment index which had been slashed to 1919 points in the revolutionary austerity measures in 1987, was reinstated to 2132 points. Burkina Faso’s economy has been growing steadily - this has resulted in an increase in defence spending, but much of this goes towards salaries, according to defence Web.

COMMENTS -+

1. Kithinji Kiragu, PricewaterhouseCoopers & Rwekaza Mukandala. 2003.

2. Tactics Sequencing and Politics in Developing Countries: Lessons from Sub-Saharan Africa.’ Public Service Pay Reform (Draft Report for World Bank). University of Dar es Salaam. Retrieved from: http://www.worldbank.org/publicsector/civilservice/Mayseminar/PayReformStudy.pdf

3. Defence Web. ‘Burkina Faso.’ Retrieved from: http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=29375:burkina-faso&catid=119:african-militaries&Itemid=255

4. Bertelsmann Stiftung, BTI (2014). Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung.

5. BBC News Africa (2015). Burkina Faso MPs agree to cut pay by half. 13 January. http://www.bbc.co.uk/news/world-africa-30794822 (Accessed 15 March 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: While exact figure of military and civilian salaries are not available, there have been broad public discussions about government salaries in recent years. Low salaries were a key aspect of the 2011 crisis and as a response civil service salaries were increased by 5% in January 2012 (see IMF Country Report 12/159, June 2012 and Africa Economic Outlook, Burkina Faso Report 2012). Peer reviewer interviews with Burkinabe military personnel confirmed that military also received the 5% increase.

Suggested score: 1

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

40.
score
0

Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?

Researcher + Peer Reviewer4237: Public evidence suggest that there are significant delays in payment in Burkina Faso and there is evidence that some personnel do not receive the correct pay. This is further complicated by lack of public access to relevant information on the pay system because since this is not published. Reports have emerged in recent years of disputes over pay and conditions within defence and security. The coup against former Burkina Faso President Blaise Compaore started with the presidential special guard and later spread to other military camps, was reportedly in protest of soldiers’ unpaid housing allowances. There is no evidence that the payment system has been improved since.

COMMENTS -+

1. International Monetary Fund (IMF) (2014). Burkina Faso — Staff Country Reports. http://www.imf.org/external/pubs/cat/longres.aspx?sk=41765.0 (Accessed 15 March 2015)

2.&quoute;Burkina Faso capital under curfew after army mutiny&quoute;. BBC News. 16 April 2011. Retrieved 17 April 2011

3. News Clues. 2011. What Goes Around Comes Back Around as Burkina Faso President Blaise Compaore Faces Mutiny. April 18. Retrieved from: http://newsclues.wordpress.com/tag/burkina-faso/ (Accessed 15 March 2015)

4. Bertelsmann Stiftung, BTI (2014) Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: The payment system is well-established and payment is regular however the salary is modest

Suggested score: 3

Government Reviewer-+

41.
score
0

Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?

Researcher + Peer Reviewer4237: Information on the selection process for military personnel at middle and top management level in Burkina Faso remains unclear and difficult to access. There appears to be no established system for the appointment of military personnel in Burkina Faso. The BTI reports that there is evidence of nepotism and favouritism in the selection process, especially within defence and security. Report from Ref World suggest that recruitment into the armed forces is on a voluntary basis. No information is available about recruitment into the peoples' militia.

COMMENTS -+

1. War Resisters’ International. 1998. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso

2. Eide, A., C. Mubanga-Chipoya 1985. Conscientious objection to military service, report prepared in pursuance of resolutions 14 (XXXIV) and 1982/30 of the Sub-Commission of Prevention of Discrimination and Protection of Minorities. United Nations, New York.

3. Amnesty International 1991. Conscientious objection to military service. AI, London, UK. [3]

4. Guinness World Fact Book (1994). Guinness Publishing, London, 1994.

5. Institute for Strategic Studies 1997. Military Balance 1997/98. ISS, London, UK..

6. Military Recruitment Data Set. Codebook, Version 2005. Retrieved from: http://fmso.leavenworth.army.mil/documents/mildat/recruitmentcodebook.pdf

7. Ref World (2008). Child Soldiers Global Report 2008 - Burkina Faso. http://www.refworld.org/docid/486cb0ee13.html (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: Marking this as a 0 would suggest that the military does not follow standard military hierarchy, which I would disagree with. However, the process of appointment is often marred with accusations of nepotism and political decisions. There are many senior military officials who have worked their way up the chain of command. There are also others whose appointment appears more political.

Suggested score: 1

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

42.
score
1

Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.

Researcher + Peer Reviewer4237: Evidence suggest the existence of some formal process in the selection process in Burkina Faso.

The following example is instructive. Permanent civil servants (functionaries or state employees) in Burkina Faso are evaluated every year. The evaluation is a quotation between 0 and 10 that is supposed to measure the output (rendement) of the employee during the last year. It is in line with that quotation that s/he will be promoted to a higher step or higher class –as described above- with financial gain in her/his salary. Every two years with an average quota of at least 60 percent, the civil servant is promoted to the next step [article 80 law no 13/98/AN].

For promotion to higher class, a public notice is issued by the by Ministry employing the concerned civil servant, after recommendation from an ad hoc Ministry board. This promotion is merit based and requires at minimum: For promotion to Class 2, the civil servant should have accomplished a minimum of 10 year period in Class 1, with an average quotation of 80 percent. For promotion to Class 3, the civil servant should have accomplished at least 8 years in Class 2 with an average quote of 80 percent. Beside these two common promotions, articles 84 to 90 of Act no. 13/98/AN defines the requirements for promotion from a category to another. It is generally after a training of acquisition of a new academic degree. This notwithstanding, there is potential for corruption or other inappropriate conduct in the promotion process.

Then mentioned process is inclusive of the defence and security ministries.There is no evidence that promotions to senior defence and security ranks are scrutinised by an independent panel. As mentioned in Question 41 there is evidence of nepotism and favouratism in broader government appointments, which is likely a feature of promotions as well.

COMMENTS -+

1. War Resisters’ International. 1998.

2. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso

3. Eide, A., C. Mubanga-Chipoya 1985. Conscientious objection to military service, report prepared in pursuance of resolutions 14 (XXXIV) and 1982/30 of the Sub-Commission of Prevention of Discrimination and Protection of Minorities. United Nations, New York.

4. Amnesty International 1991. Conscientious objection to military service. AI, London, UK. [3]

5. Guinness World Fact Book. Guinness Publishing, London, 1994.

6. Institute for Strategic Studies 1997.

7. Military Balance 1997/98. ISS, London, UK..

8. Military Recruitment Data Set. Codebook, Version 2005. Retrieved from: http://fmso.leavenworth.army.mil/documents/mildat/recruitmentcodebook.pdf

9. Republic of Burkina Faso. Public Administration Profile. Division for Profile Administration and Development Management (DPADM) Department for Economic and Social Affairs (DESA). United Nations. February. Retrieved from: http://unpan1.un.org/intradoc/groups/public/documents/un/unpan023252.pdf

10. Bertelsmann Stiftung, BTI (2014) Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: International Crisis Group report 'Burkina Faso: With or without Compaoré also verifies complaints about inconsistencies with promotion processes.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

43.
score
N/A

Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Researcher + Peer Reviewer4237: Burkina Faso has no compulsory military conscription. A two-year conscription term is listed for a part-time People’s Militia, although service is voluntary in the regular active forces. However, there is a form of civilian conscription. In September 1990 compulsory military training for conscripts was abolished and replaced by 'civil and patriotic' training, which lasts for one and a half month, followed by 10 months work in the production sector. Previously, conscription consisted of a one-year compulsory military service. In Burkina Faso, 18 years of age is for compulsory military service; while 20 years of age is for voluntary military service. No evidence of conscription-related bribery and corruption could be verified. However, it is likely that bribery is widespread.

COMMENTS -+

1. War Resisters’ International. 1998. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso;

2. Eide, A., C. Mubanga-Chipoya 1985. Conscientious objection to military service, report prepared in pursuance of resolutions 14 (XXXIV) and 1982/30 of the Sub-Commission of Prevention of Discrimination and Protection of Minorities. United Nations, New York;

3. Amnesty International 1991, Conscientious objection to military service. AI, London, UK;

4. Guinness World Fact Book. 1994. Guinness Publishing, London.

5. Institute for Strategic Studies 1997. Military Balance 1997/98. ISS, London, UK.

6. CIA World Fact Book (2015). Burkina Faso Military 2015 . http://www.theodora.com/wfbcurrent/burkina_faso/burkina_faso_military.html (Accessed 15 March 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is compulsory conscription in Burkina Faso Armed Forces - FAN - Only volunteers are recruited.

Suggested score:

Government Reviewer-+

44.
score
1

With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Researcher + Peer Reviewer4237: There seem to be no established or known policy of refusing bribes to gain preferred postings in the recruitment process, aside from broader measures to address corruption and bribery as discussed in Question 35). However, Burkina Faso does have laws and institutions that discourage bribery and corruption in general. These extend to bribery in voluntary conscription. The research could not find evidence of bribery to gain preferred postings. However, given the poor record of political and bureaucratic corruption in Burkina Faso, as cited by the Business Anti-Corruption Portal, this form of posting is likely to flourish in Burkina Faso.

COMMENTS -+

1. War Resisters’ International. 1998. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso;

2. Eide, A., C. Mubanga-Chipoya 1985. Conscientious objection to military service, report prepared in pursuance of resolutions 14 (XXXIV) and 1982/30 of the Sub-Commission of Prevention of Discrimination and Protection of Minorities. United Nations, New York;

3. Amnesty International 1991. Conscientious objection to military service. AI, London, UK;

4. Guinness World Fact Book. 1994. Guinness Publishing, London

5. Institute for Strategic Studies 1997. Military Balance 1997/98. ISS, London, UK.

6. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Disagree

Comment: Since there is no compulsory or voluntary conscription in Burkin Faso, the N.A. score would be more relevant.

Suggested score: N/A

Peer Reviewer-+

Opinion: Disagree

Comment: While there is evidence of bribery in the recruitment process within the military, I think this question does not apply to Burkina Faso as it does not have conscription.

Suggested score: N/A

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

45.
score
1

Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?

Researcher + Peer Reviewer4237: Owing to administrative weakness in Burkina Faso, there have been problems properly identifying civil servants and defence officials on the payroll, resulting in salaries been paid to ghost workers. In 2011 Burkina Faso’s government pledged to improve the impoverished country’s defence and civil service by cracking down on ghost workers. ‘We usually end up with 50, 100 or 200 ghost civil servants’ recorded each year', Civil Service Minister Soungalo Apollinaire Ouattara said in an interview with AFP and Voice of America. ‘A ghost worker is a civil servant who was hired, is on the payroll but does not show up at work. It can be a case of long-term leave or it can be a civil servant whose post doubles up with another’s,’ he said. Ouattara further noted that ‘We are currently bent on eradicating these duplications’, adding that his ministry was comparing notes with the budget ministry to expose fraudsters.

COMMENTS -+

1. International Monetary Fund, 1996. ‘Burkina Faso — Background Papers and Statistical Updates.’ IMF Staff Country Report No. 96/5.

2. Health Policy 2008. ‘Salaries and Incomes of Health Workers in Sub-Saharan Africa.’ Retrieved from: http://www.who.int/alliance-hpsr/resources/alliancehpsr_peermccoybennett2008.pdf (Accessed 15 March 2015)

3. News 24. 2011. Burkina to Battle Ghost Civil Servants. August 15. Retrieved from: http://www.news24.com/Africa/News/Burkina-to-battle-ghost-civil-servants-20110815 (Accessed 15 March 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

46.
score
1

Are chains of command separate from chains of payment?

Researcher + Peer Reviewer4237: There is a lack of clarity surrounding the separation between chains of payment and chains of command in Burkina Faso.

COMMENTS -+

1. US Department of State. 1995. Burkina Faso Human Rights Practices. February. http://dosfan.lib.uic.edu/ERC/democracy/1994_hrp_report/94hrp_report_africa/BurkinaFaso.html

2. Republic of Burkina Faso 2004. Public Administration Profile. Division for Profile Administration and Development Management (DPADM) Department for Economic and Social Affairs (DESA). United Nations. February. Retrieved from: http://unpan1.un.org/intradoc/groups/public/documents/un/unpan023252.pdf

3. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Disagree

Comment: The given example is not relevant: Gendarmerie has nothing to do with the chain of payment.
It is rather the &quoute;service de l'Intendance&quoute; which is in charge of these matters (i.e. the supply corps).
However, their independence from the chain of command as well as their integrity and accountability leave a lot of room for improvement.

Suggested score: 1

Peer Reviewer-+

Opinion: Agree with Comments

Comment: I am unsure about the separation. Given the complaints about pay during mutinies in 2011, it appears junior soldiers/police partially blame their officers for the delay, suggesting that there is some ambiguity in the chain of command and chain of pay. I am unclear why the above report uses the gendarmerie as evidence for this question.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

47.
score
1

Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?

Researcher + Peer Reviewer4237: While the constitution establishes some general principles and obligations for higher official, there is no specific code of conduct for government employees, including defence staff, offering guidance with respect to bribery, gifts, conflict of interest, etc.

There is no code of conduct for military and civilian personnel. The law provides criminal penalties for official corruption in general. However the government did not enforce these laws effectively and officials frequently engaged in corrupt practices with impunity, according to the Human Rights reports by the US Department of State. Local NGOs bemoaned what they described as the overwhelming corruption of senior civil servants. They reported pervasive corruption in the customs service, gendarmerie, taxing agencies, national police, municipal police, public health service, municipal governments, the education sector, government procurement, and the Ministry of Justice. There is the National Ethics Committee (NEC) which was established by President Compaoré in 2001 with the main task to 'moralise' public life. According to African Peer Review Mechanism Burkina Faso 2008, the NEC prepared a draft on ethics that is applicable to various areas such as general administration and financial administration. Furthermore, the NEC highlighted in its 2007 report, that corruption, impunity and politicisation were significant trends in the current government system. It also emphasised that a strengthened and credible democracy is needed to ensure sustainable development, which in return, relies on the ability of stakeholders. In 2013, the government of Burkina Faso prosecuted several senior government officials for corruption, but no high-profile defendants were convicted during the year. In response to the 2011 police mutinies, the government announced during the March 6 Council of Ministers the dismissal of 136 police officers for ‘collective acts of indiscipline, insubordination, attitude, or behaviour detrimental to ethics or honour.’ Another 32 police officers received administrative reprimands, and one officer retired.

COMMENTS -+

1. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

SOURCES -+

Opinion: Agree with Comments

Comment: There are formal provisions both for miltary and civilian staff:
1) The Act N° 013/98/AN 28 April 1998,&quoute; portant régime juridique applicable aux emplois et aux agents de la
fonction publique du Burkina Faso, for civil servants, mentions several obligations (In French):
l’obligation d’exercer ses fonctions ;
l’obligation d’obéissance hiérarchique.
l’obligation de loyauté;
 le devoir de probité;
l’obligation de respecter le secret professionnel ;
l’obligation de réserve et de dignité.

The DECREE 2008-700/PRES/PM/DEF dated 14 Novembrer 2008 &quoute;portant règlement de discipline générale dans les Forces Armées Nationales&quoute; for military staff - Article 21 : Obligations générales
Tout militaire peut être appelé, soit à donner des ordres en tant que chef, soit à en recevoir en tant que subordonné. L’une ou l’autre de ces situations
comporte outre des devoirs et responsabilités particuliers, les obligations générales suivantes :
1. En tant que citoyen, le militaire doit :
- se conformer aux lois ;
- servir avec loyauté et dévouement ;
- honorer le drapeau et respecter les traditions nationales ;
- s’interdire tout acte, propos ou attitude contraire aux intérêts ou à l’honneur de la nation.
2. En tant que membre des Forces Armées Nationales, le militaire doit :
- obéir aux ordres conformément à la loi ;
- se comporter avec droiture et dignité ;
- observer les règlements militaires et en accepter les contraintes ;
- respecter les règles de protection du secret et faire preuve de réserve, notamment sur des questions d’ordre militaire ;
- prendre soin du matériel et des installations appartenant aux armées ou placés sous leur dépendance ;
- etc.
Both texts are vague but provide clear principles regarding ethics, probity and accountability.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: Legal codes, including new anti-corruption legislation establishes a code of conduct. There is often uncertainty or inconsistency with its application.

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

48.
score
0

Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?

Researcher + Peer Reviewer4237: While the constitution establishes some general principles and obligations for higher official, there is no specific code of conduct for government employees, including defence staff, offering guidance with respect to bribery, gifts, conflict of interest, etc.

There is no comprehensive law that governs anti-corruption in Burkina Faso. However, Articles 154 to 160 of the Penal Code criminalise corruption, embezzlement, abuse of office and conflict of interest in the public sector. Human rights advocates in Burkina Faso have repeatedly criticized the military and police for committing abuses with impunity. Police often use excessive force and disregard pretrial detention limits. The sentencing in August 2011 of three police officers charged with the torture and death of Zongo was seen as a positive step. The High Commission for the Coordination of Anti-Corruption Activities (HACLC) was established by President Compaoré in late 2001. It was mandated to enforce the Anti-Corruption Policy, as well as to coordinate the fight against corruption and to assist the government in the prevention, detection and fight against fraud and corruption within government. In 2013, the government of Burkina Faso prosecuted several senior government officials for corruption, but no high-profile defendants were convicted during the year. In response to the 2011 police mutinies, the government announced during the March 6 Council of Ministers the dismissal of 136 police officers for ‘collective acts of indiscipline, insubordination, attitude, or behaviour detrimental to ethics or honour.’ Another 32 police officers received administrative reprimands, and one officer retired.

COMMENTS -+

1. Business Anti-Corruption Portal. 2014 ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. War Resisters’ International. 1998. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: While prosecution for corruption is not common, there have been several high profile cases. For instance, Ousman Guiro, director general of the customs service, was arrested on charges of corruption in 2012 (Ousmane Guiro, l’ex-directeur general des Douanes incarcéré, Jeune Afrique, January 8, 2012). The Minister of Justice was forced to resign for abuses of power in 2012. In addition to the police arrested in 2011 (mentioned in above report), there were hundreds of soldiers dismissed/arrested for their involvement in mutinies.

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

49.
score
0

Does regular anti-corruption training take place for military and civilian personnel?

Researcher + Peer Reviewer4237: There is some evidence of anti-corruption training for military and civilian personnel in Burkina Faso; however, its regularity is unclear. In 2006, Ambassador-designate Jackson, who had a parallel career as an Army reservist, recently retiring with the rank of full colonel, announced that a U.S. International Military Education and Training (IMET) program has now been established in the country. She told Senator Russell Feingold (Democrat of Wisconsin) that IMET is appropriate because, as well as standard military training, &quoute;it includes human rights training [and] anti-corruption training&quoute; for &quoute;core military personnel in Burkina Faso, and I believe it is an important link … to human rights progress.” With that in mind, Jackson said, &quoute;We need to increase our IMET program in Burkina Faso,&quoute; pledging that she would work with the Department of defence &quoute;to increase military cooperation and training to help ensure Burkina Faso is a positive contributor to regional security.” The researcher could not find evidence of training with anti-corruption components for defence and security personnel since 2006.

COMMENTS -+

1. IIP Digital 2006. New American Envoys to Africa Will Focus on Public Diplomacy. Retrieved from: http://iipdigital.usembassy.gov/st/english/article/2006/02/200602091453141ejrehsif0.955456.html#axzz3BZoFTq6q

2. DCAF. 2014. Training workshop on parliamentary oversight of the security sector with the National Assembly of Burkina Faso. 10 Jun 2014 - 12 Jun 2014. Retrieved from: http://www.dcaf.ch/layout/set/print/Event/Training-workshop-on-parliamentary-oversight-of-the-security-sector-with-the-National-Assembly-of-Burkina-Faso

3. Jean-Pierre Bayala & Miranda Gaanderse. ‘Burkina Faso.’ Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: One can assume that anti-corruption training has taken place since 2006. For example, U.S. State Department Human Rights Report for 2014 mentions the Ministry of Human Rights and Civil Promotion training programme, which likely involves mention of corruption.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

50.
score
2

Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?

Researcher + Peer Reviewer4237: There is no policy to make public outcomes of the prosecution of defence services personnel for corrupt activities; nor is there evidence of effective prosecutions in this sector in recent years.

The BTI report notes that fighting rampant political and bureaucratic corruption, including the criminal prosecution of corrupt officeholders, has been one of the public’s main demands for many years and that demand continued during the period under review. Isolated cases of corruption are prosecuted, but often without consequence. High- level impunity experienced a further boost when a blanket amnesty was granted for all former heads of state whose rule has been marked by numerous human rights abuses, rampant corruption and self-enrichment as well as illegal involvement in insurgencies in neighbouring countries.

More generally, there is some evidence of public prosecution in Burkina Faso in recent years but these are hardly publicised. The law itself does not provide for public access to government information. While government ministries released some non-sensitive documents, local journalists complained that ministries generally were unresponsive to requests for information, citing national security and confidentiality as the reasons. There is no procedure to appeal denials of requests for information. In 2013, the government of Burkina Faso prosecuted several senior government officials for corruption, but no high-profile defendants were convicted during the year. In response to the 2011 police mutinies, the government announced during the March 6 Council of Ministers the dismissal of 136 police officers for “collective acts of indiscipline, insubordination, attitude, or behaviour detrimental to ethics or honor.” Another 32 police officers received administrative reprimands, and one officer retired. The gendarmerie is responsible for investigating abuse by police and gendarmes, but the results of their investigations were not always made public. Military courts held a number of public trials in which civilians pressed charges against military personnel; verdicts were reported in the press.

COMMENTS -+

1. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

2. Bayala, J-P & Gaanderse, M. 2010. ‘Burkina Faso.’ Retrieved from: www.dcaf.ch/content/download/.../04_Burkina_Faso_gender_security.pdf

3. Freedom House. 2011. ‘Burkina Faso.’ Retrieved from: http://www.freedomhouse.org/report/countries-crossroads/2011/burkina-faso#.U_mDObySw00

4. War Resisters’ International. 1998. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso

5. Bertelsmann Stiftung, BTI (2014) Burkina Faso Country Report. Gütersloh: Bertelsmann Stiftung

SOURCES -+

Opinion: Agree with Comments

Comment: There is de facto a total impunity for military staff, especially for high rank officers.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

51.
score
1

Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?

Researcher + Peer Reviewer4237: The assessor could not find information specific to facilitation payments in defence and security institutions. However, according to sources such as Freedom House 2010 and the Bertelsmann Foundation 2010, corrupt practices such as facilitation payments remains widespread, despite a number of public and private anti-corruption initiatives. The courts have been unable to effectively prosecute a range of senior officials charged with corruption. A June 2009 public survey cited in the Heritage Foundation 2010 shows that two-thirds of the surveyed population believes that corruption is becoming rampant, and nearly half of the respondents have been directly affected by corruption. In response to the high level corruption, the government has launched a national anti-corruption policy and developed several anti-corruption institutions. However, Burkina Faso still lacks comprehensive anti-corruption legislation that can govern all relevant institutions. In Burkina Faso, the law provides criminal penalties for official corruption in general. However the government did not enforce these laws effectively and officials frequently engaged in corrupt practices with impunity. The World Bank and IFC Enterprise Surveys 2009 report that nearly 71% of companies identify corruption as a major constraint, and close to 9% of companies expect to make informal or facilitation payments in order ‘to get things done.’

COMMENTS -+

1. Business Anti-Corruption Portal. 2014. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Alan Bryden, Boubacar N'Diaye, 'Security Sector Governance in Francophone West Africa: Realities and Opportunities,' DCAF/Lit Verlag, 2011.

4. Cooper, Tom & Weinert, Peter (2010). African MiGs: Volume I: Angola to Ivory Coast.
Know Your Country. ‘Burkina Faso: Corruption.’ Retrieved from: http://www.knowyourcountry.com/burkina5.html

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

Training 60
52.
score
0

Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?

Researcher + Peer Reviewer4237: There is no evidence that the Burkinabe armed forces have military doctrine addressing corruption as a strategic issue on operations. However, there is evidence that the military are aware of corruption as a strategic issue for operations. According to the US Department of State 2011, the High Commission for the Coordination of Anti-Corruption Activities (HACLC) was replaced by the Superior Authority of State Control (ASCE) in November 2007. The ASCE is an anti-corruption structure under the Prime Minister's Office that merges the HACLC, the General State Inspectorate (GSI) and the National Commission for the Fight Against Fraud. Reportedly, this latest initiative is more independent than the HACLC, and has a larger mandate to investigate corruption cases. In addition to releasing annual reports from auditing entities, the ASCE is mandated to prosecute ethics breeches committed by civil servants and defence officials.

In 2006, Ambassador-designate Jackson, who had a parallel career as an Army reservist, recently retiring with the rank of full colonel, announced that a U.S. International Military Education and Training (IMET) program has now been established in the country. She told Senator Russell Feingold (Democrat of Wisconsin) that IMET is appropriate because, as well as standard military training, &quoute;it includes human rights training [and] anti-corruption training&quoute; for &quoute;core military personnel in Burkina Faso, and I believe it is an important link … to human rights progress.” With that in mind, Jackson said, &quoute;We need to increase our IMET program in Burkina Faso,&quoute; pledging that she would work with the Department of defence &quoute;to increase military cooperation and training to help ensure Burkina Faso is a positive contributor to regional security.

COMMENTS -+

1. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

2. Alan Bryden, Boubacar N'Diaye 2011. 'Security Sector Governance in Francophone West Africa: Realities and Opportunities,' DCAF/Lit Verlag.

3. Cooper, Tom & Weinert, Peter 2010. African MiGs: Volume I: Angola to Ivory Coast.

4. Rule of Law in Armed Conflict (RULAC) (2015). 'Burkina Faso Peace Operations.' http://www.geneva-academy.ch/RULAC/peace_operations.php?id_state=37 (Accessed 15 March 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

53.
score
1

Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?

Researcher + Peer Reviewer4237: There is little evidence that commanders in Burkina Faso engage in any known training on corruption.

Information on whether (or not) there are guidelines and staff training on addressing corruption during deployed operations could not be verified. However, it is likely that there are corruption risk guidelines of a very general nature. The Peace Operations Training Institute (POTI) welcomes military personnel and police from Burkina Faso to enroll in E-Learning on Peacekeeping at no cost.

Context: In December 2004, the government issued a decree on the conduct of the national police force, setting the standards for behaviour and disciplinary sanctions for breaches of trust, as outlined in Transparency International Global Corruption Report 2006. The decree aimed at increasing citizens' knowledge of police officers duties and informing them about the right to file complaints about illegal acts committed by the police, including corruption. Nevertheless, corruption within the police force is widespread and impunity is a serious problem. According to the US Department of State 2010, a 2007 report by the National Network to Fight against Corruption (REN-LAC) (see 'Private Anti-Corruption Initiatives' in the Initiatives section) identified the police and gendarmerie as among the most corrupt institutions in Burkina Faso. In response to the 2011 police mutinies, for example, the government announced during the March 6 Council of Ministers the dismissal of 136 police officers for ‘collective acts of indiscipline, insubordination, attitude, or behaviour detrimental to ethics or honour.’ Another 32 police officers received administrative reprimands, and one officer retired.

In 2006, Ambassador-designate Jackson, who had a parallel career as an Army reservist, recently retiring with the rank of full colonel, announced that a U.S. International Military Education and Training (IMET) program has now been established in the country. She told Senator Russell Feingold (Democrat of Wisconsin) that IMET is appropriate because, as well as standard military training, &quoute;it includes human rights training [and] anti-corruption training&quoute; for &quoute;core military personnel in Burkina Faso, and I believe it is an important link … to human rights progress.” With that in mind, Jackson said, &quoute;We need to increase our IMET program in Burkina Faso,&quoute; pledging that she would work with the Department of defence &quoute;to increase military cooperation and training to help ensure Burkina Faso is a positive contributor to regional security.

COMMENTS -+

1. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

2. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: www.dcaf.ch/content/download/.../04_Burkina_Faso_gender_security.pdf

3. Freedom House. 2011. ‘Burkina Faso.’ Retrieved from: http://www.freedomhouse.org/report/countries-crossroads/2011/burkina-faso#.U_mDObySw00

4. War Resisters’ International. 1998. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso

5. Rule of Law in Armed Conflicts Project (RULAC) 2015. Burkina Faso Peace Operations. Retrieved from: http://www.geneva-academy.ch/RULAC/peace_operations.php?id_state=37

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

54.
score
0

Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?

Researcher + Peer Reviewer4237: As of June 2010, Burkina Faso was contributing 909 personnel (80 police officers, 22 military observers and 807 troops) to six UN peacekeeping operations. It remains unclear whether or not corruption monitors (trained official) are deployed by Burkina Faso during peace operations. Given the limited attention given to anti-corruption operations and in defence institutions more broadly, this is highly unlikely.

COMMENTS -+

1. Burkina Faso Peace Operations (2014). Retrieved from: http://www.geneva-academy.ch/RULAC/peace_operations.php?id_state=37

2. War Resisters’ International. 1998. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso

3. Daniel LeVine, ‘African Civilian Police Capacity for International Peacekeeping Operations.', February 2008. The Henry L. Stimpson Centre. https://www.academia.edu/2595853/African_Civilian_police_Capacity_for_International_Peacekeeping_Operations

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: The country deploys no personnel to fight corruption however some controls are carried out in operations theatres in Darfour and Mali

Suggested score: 0

Government Reviewer-+

55.
score
0

Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?

Researcher + Peer Reviewer4237: Information on whether (or not) there are guidelines and staff training on addressing corruption during deployed operations could not be verified. However, it is likely that there are corruption risk guidelines of a very general nature. However, the Peace Operations Training Institute (POTI) welcomes military personnel and police from Burkina Faso to enroll in E-Learning on Peacekeeping and anti-corruption at no cost.

COMMENTS -+

1. Rule of Law in Armed Conflicts Project (RULAC) (2014). Burkina Faso Peace Operations. Retrieved from: http://www.geneva-academy.ch/RULAC/peace_operations.php?id_state=37

2. War Resisters’ International. 1998. Country Reports and Updates: Burkina Faso. Retrieved from: http://www.wri-irg.org/programmes/world_survey/country_report/en/Burkina%20Faso

3. Daniel LeVine. 2008. ‘African Civilian Police Capacity for International Peacekeeping Operations.’ February. The Henry L. Stimpson Centre. https://www.academia.edu/2595853/African_Civilian_police_Capacity_for_International_Peacekeeping_Operations

4. Peace Operations Training Institute. ‘E-Learning for Peacekeepers from Burkina Faso.’ Retrieved from: http://www.peaceopstraining.org/programs/ntcelp/africa/burkina-faso/

5. Business Anti-Corruption Portal (2015). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: Most likely, this information and training is provided by the U.N. on arrival of the incumbents in the various peacekeeping missions (OIOS, CDU, etc.).

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: There are no relevant guidelines or training in the national course program

Suggested score: 0

Government Reviewer-+

56.
score
2

Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.

Researcher + Peer Reviewer4237: Private military contractors in Burkina Faso are regulated by Decree N°97-533/PRES/PM/MATS of 28 November 1997. The law on internal security in Burkina Faso grants private companies the right to carry out public security activities, on condition that these relate exclusively to protecting persons and goods. They do not enjoy any of the benefits of public law enforcement, although their agents, like any citizen, can report crimes and offences and, if necessary, arrest the perpetrators. By virtue of this law, more than sixty private companies now contribute to consolidating public security. Apart from these companies, there are no guerrillas, militias, or any other form of private security organisations in the country. These types of bodies are characteristic of countries experiencing internal armed conflict, or in an advanced state of instability.

COMMENTS -+

1. The Washington Post. June 13 2012. ‘U.S. expands secret intelligence operations in Africa.’ Retrieved from: http://www.washingtonpost.com/world/national-security/us-expands-secret-intelligence-operations-in-africa/2012/06/13/gJQAHyvAbV_story.html

2. Alan Bryden & Boubacar N’Diaye (Eds). 2011 Security Sector Governance in Francophone West Africa: Realities and Opportunities. Geneva Centre for the Democratic Control of Armed Forces (DCAF).

3. Rule of Law in Armed Conflict (RULAC) 2015. Burkina Faso - National Legislation. http://www.geneva-academy.ch/RULAC/national_legislation.php?id_state=37 (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree with Comments

Comment: The growth of insecurity during the last decade and the incapacity of security forces to solve many of them added to the volatility of the political and military climate has increased the need for self organized security.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: I do not think that there appropriate information to suggest that there is 'likely to be strong evidence of significant corruption' amongst PMCs' (as specified in 1 criteria).

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

Personnel 50
57.
score
0

Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?

Researcher + Peer Reviewer4237: Burkina Faso has no procurement legislation specific to defence and security. Procurement by central authorities, state companies and local and regional authorities is regulated by a decree of 7 March 1996. Reports by the World Trade Organisation Trade Policy Review 2010 suggest that the new procurement rules came into effect in July 2008, aiming to increase transparency and efficiency in the public procurement system.

Under the new rules, any procurement contract below XOF 1 million only requires a purchase order. For a procurement contract that equals XOF 1 million or above, but below XOF 20 million, a publication in the Government Procedure Review and a letter of purchase is needed. Any procurement contract worth XOF 20 million or above is mandated to have an open invitation.

The Directorate General of Government Procurement (DGMP, in French) within the Ministry of Finance (in French) has exclusive power over the awarding and performance of public contracts, and the monitoring of compliance with the relevant legislation. The DGMP also maintains an online database where companies can search for public procurements for relevant tenders. According to the US Department of State 2011, the Autorité de Regulation des Marches Publics (ARMP, Government Tenders Regulation Authority) was set up in April 2008 and aims at establishing and enforcing bidding criteria, as well as ensuring free access to government contracts, equality in the bidding process and overall transparency. The ARMP has the authority to impose sanctions, initiate lawsuits and publish the names of fraudulent or offending companies. Bids are published in local papers, international magazines, e-mailed to interested foreign and local investors and published on the Internet on websites such as www.tradepoint.bf and www.dgmarket.com, though there is limited information available specifically with regards to defence and security procurement.

COMMENTS -+

1. Business Anti-Corruption Portal 2014. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

SOURCES -+

Opinion: Agree with Comments

Comment: To my best knowledge, there is no specific provisions for defence and security procurement.
However, the &quoute;Service de l'Intendance&quoute; (supply corps) may very well have issued internal rules and regulations and procedures. Their effectiveness, if any, is highly questionable.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

58.
score
0

Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?

Researcher + Peer Reviewer4237: There is little evidence that the defence procurement cycle process is disclosed in any meaningful form to the public. However, occasionally, some limited information is published online and in local newspapers. There is evidence of an accessible procurement plan (GPP) (from 2009 to 2014) on the official procurement website of Burkina Faso: Direction Generale des Marches Publics (http://www.dcmp.bf/SiteDcmp/index.jsp). However, this procurement plan is piecemeal. The GPP define the procurement cycle process.

The law in Burkina Faso does not provide for public access to government information. While government ministries released some non-sensitive documents, local journalists complained that ministries generally were unresponsive to requests for information, citing national security and confidentiality as the reasons. There is no procedure to appeal denials of requests for information.

COMMENTS -+

1. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Official procurement website of Burkina Faso: Direction Generale des Marches Publics; http://www.dcmp.bf/SiteDcmp/index.jsp

4. Business Anti-Corruption Portal (2014). Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/general-information.aspx (Accessed 15 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

59.
score
1

Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?

Researcher + Peer Reviewer4237: There appears to be some defence procurement oversight mechanisms in place in Burkina Faso, but their transparency and independence are in doubt. The Directorate General of Government Procurement (DGMP, in French) within the Ministry of Finance (in French) is the supervisory body with exclusive power over the awarding and performance of public contracts, and the monitoring of compliance with the relevant legislation. The DGMP also maintains an online database where companies can search for public procurements for relevant tenders. In short, the DGMP does the following: monitor the implementation of legislation and regulations on procurement and outsourcing of public services; provides in relation to the Regulatory Authority for Public Procurement, training, information and advice to all stakeholders of public order on regulations and procedures by publishing and distributing documents and texts on procurement for information and awareness of stakeholders on public procurement regulations and ensure the extension; to issue notices, public permits and exceptions to the request of the Contracting Authority when required by the regulations; help in relation to the regulatory authority of public procurement to the collection of information and documents for the creation of a database. It is unclear weather these mechanisms apply to defence and security contracts.

According to the US Department of State 2011, the Autorité de Regulation des Marches Publics (ARMP, Government Tenders Regulation Authority) was set up in April 2008 and aims at establishing and enforcing bidding criteria, as well as ensuring free access to government contracts, equality in the bidding process and overall transparency.

According to African Peer Review Mechanism Burkina Faso 2008, many stakeholders recognise that bribes are needed in order to win a public contract. Furthermore, some stakeholders revealed that the excessive centralisation of the administration fuels corrupt practices at each level, and at the end of the contract award process, only a small amount of funds will be left to carry out the work or deliver the services.

COMMENTS -+

1. Freedom House. 2011. Burkina Faso. Retrieved from: http://www.freedomhouse.org/report/countries-crossroads/2011/burkina-faso#.U_mDObySw00

2. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4. Direction Generale des Marches Publics (2014). Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

60.
score
1

Are actual and potential defence purchases made public?

Researcher + Peer Reviewer4237: There is very limited information on defence purchases, actual or potential, in Burkina Faso. However, occasionally, some limited information is published online and in local newspapers. There is evidence of an accessible procurement plan (GPP) (from 2009 to 2014) on the official procurement website of Burkina Faso: Direction Generale des Marches Publics (http://www.dcmp.bf/SiteDcmp/index.jsp). Consultation on the review of public procurement is also available on the official website. However, this procurement plan is not sufficiently detailed. According to the US Department of State 2011, the Autorité de Regulation des Marches Publics (ARMP, Government Tenders Regulation Authority) was set up in April 2008 and aims at establishing and enforcing bidding criteria, as well as ensuring free access to government contracts, equality in the bidding process and overall transparency.

COMMENTS -+

1. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

2. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

3. Alan Bryden, Boubacar N'Diaye, 'Security Sector Governance in Francophone West Africa: Realities and Opportunities,' DCAF/Lit Verlag, 2011.
Cooper, Tom & Weinert, Peter (2010). African MiGs: Volume I: Angola to Ivory Coast

4. Official procurement website of Burkina Faso 2014. Direction Generale des Marches Publics http://www.dcmp.bf/SiteDcmp/index.jsp

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

61.
score
0

What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?

Researcher + Peer Reviewer4237: The procedures and standards required by companies bidding for work at the Ministry of Defence are documented in the following decrees:
DECREE No. 2008-314 / PRES / PM / MEF regulating the control of public project ever delegated. DECREE No. 2008-173 / PRES / PM / MEF for the general regulation of public procurement and outsourcing of public services in Burkina Faso.
DECREE No. 2009-849 / PRES / PM / MEF provides for the responsibilities, organisation and functioning of the Regulatory Authority for Public Procurement.
DECREE No. 96-059 / PRES / PM / MEF , aims to improve the absorption of funds and increase transparency in public procurement, which should result in an equal luck to all bidders in good standing and with quality offerings.

Over the last decade, the government of Burkina Faso has undertaken a series of institutional and legislative reforms in an attempt to create a favourable climate for foreign investment as part of its 2011-15 strategy for accelerated growth and long-term investment (in French, Stratégie de croissance accélérée et de développement durable or SCADD).

The decrees mentioned are generally limited to what required in company law in Burkina Faso. There is no evidence that defence and security companies are required to show they have anti-corruption initiatives or formal and public compliance programmes.

According to the US Department of State 2011, the Autorité de Regulation des Marches Publics (ARMP, Government Tenders Regulation Authority) was set up in April 2008 and aims at establishing and enforcing bidding criteria, as well as ensuring free access to government contracts, equality in the bidding process and overall transparency. The ARMP has the authority to impose sanctions, initiate lawsuits and publish the names of fraudulent or offending companies. Bids are published in local papers, international magazines, e-mailed to interested foreign and local investors and published on the Internet on websites such as www.tradepoint.bf and www.dgmarket.com.

COMMENTS -+

1. Business Anti-Corruption Portal 2014. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Direction Generale des Marches Publics 2014. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

62.
score
0

Are procurement requirements derived from an open, well-audited national defence and security strategy?

Researcher + Peer Reviewer4237: The DGMP maintains an online database where companies can search for public procurements for relevant tenders. There is no evidence that a national strategy guiding the formulation of procurement requirements is openly published. Decree 96-059/PRES/PM/MEF of 7 March 1996 governs procurement by the central authorities, State enterprises and local and regional authorities. The Directorate General of Government Procurement (DGMP, in French) within the Ministry of Finance (in French) is the supervisory body with exclusive power over the awarding and performance of public contracts, and the monitoring of compliance with the relevant legislation.

Procurement below an amount XOF1 million only requires a straightforward order form. A letter of contract is required for purchases of more than XOF1 million but not exceeding XOF15 million: these purchases are supervised by the Procurement Committee in each Ministry or State company; at least three suppliers must be approached to submit sealed bids. Orders for over XOF15 million must comply with the full government procurement procedure and are therefore under the supervision of the Central Directorate for Government Procurement.

The form of procurement most commonly used is tendering open to all enterprises established in Burkina Faso; foreigners may bid if the contract involves special features that require foreign competence or is financed by foreign funds. According to the US Department of State 2009, the Court of Accounts published an annual report in 2007, revealing mismanagement in government agencies, including by the Mayor of Ouagadougou. The report found that the government had failed to comply with proper public procurement procedures for government tenders. No known action has been taken in connection with any of the report's recommendations.

COMMENTS -+

1. Burkina Faso 2014. ‘Government Procurement.’ Retrieved from: http://www.wto.org/french/tratop_f/gproc_f/burkin1.pdf

2. Business Anti-Corruption Portal. 2014. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4. Direction Generale des Marches Publics. 2014. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

SOURCES -+

Opinion: Agree with Comments

Comment: There is a formal national procurement strategy.
But there is no well-audited national defence and security strategy.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

63.
score
0

Are defence purchases based on clearly identified and quantified requirements?

Researcher + Peer Reviewer4237: Public evidence suggest that defence purchases are frequently not based on identified and quantified requirements; purchases often present opportunities for corruption.

According to African Peer Review Mechanism of Burkina Faso 2008, many stakeholders recognise that bribes are needed in order to win a public contract. Furthermore, some stakeholders revealed that the excessive centralisation of the administration fuels corrupt practices at each level, and at the end of the contract award process, only a small amount of funds will be left to carry out the work or deliver the services. According to the World Bank & IFC: Enterprise Surveys 2009: The value of the gift expected to secure a government contract is 1.2% of the value of the contract. Nearly 19% of the companies surveyed expect to give gifts to get a government contract. There is no further evidence that defence purchases are based on clearly identified and quantified requirements.

COMMENTS -+

1. Burkina Faso ‘Government Procurement.’ Retrieved from: http://www.wto.org/french/tratop_f/gproc_f/burkin1.pdf

2. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4. Direction Generale des Marches Publics. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

SOURCES -+

Opinion: Disagree

Comment: One cannot pretend that there is no formal procedure in place for defining purchase requirements.
The point is that it is nothing but formal and there are hardly any formal expression of requirements.

Suggested score: 1

Peer Reviewer-+

Opinion: Disagree

Comment: Burkina Faso does not have an exceptionally high defence spending (see SIPRI). There is not a record of large, unnecessary purchases. There is not sufficient evidence to claim that 'purchases are often opportunistic.'

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

64.
score
1

Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?

Researcher + Peer Reviewer4237: There is no evidence that single-sourcing for defence and security contracts have to be justified to scrutinisers. There are no up-to-date sources on defence procurement online.

As mentioned in Question 57, there is no legislation covering defence and security procurement. It is likely, however, that mundane equipment may be subject to open competition.

In terms of general procurement, the government of Burkina Faso makes effort to use transparent policies and effective laws to foster competition. Bidding requirements are assessed as being equal for all bidders. Hence, foreign investors receive the same treatment as local investors in the bidding process. The bidding criteria for public procurement is established and enforced by the newly established Government Tenders Regulation Authority. According to National Assembly Law No 15-94, prices of products, goods, and services must be established according to fair and sound competition. The government believes that cartels, the abuse of a position of superiority, restrictive practices, refusal to sell to consumers, discriminatory practices, unauthorised sales, and selling at a loss are practices that distort free competition. The government is in the process of adopting more sophisticated and transparent laws that foster competition. Although some price controls have been lifted, the price of fuel, essential generic drugs, tobacco, cotton, school supplies, water, electricity, and telecommunications are still regulated by the government. According to the US Department of State 2009, the Court of Accounts published an annual report in 2007, revealing mismanagement in government agencies in Burkina Faso, including by the Mayor of Ouagadougou. The report found that the government had failed to comply with proper public procurement procedures for government tenders, including evidence of dubious single sourcing. No known action has been taken in connection with any of the report's recommendations. This notwithstanding, according to the US Department of State 2011, there have been some improvements in relation to equality in the bidding process and in the transparency of procedures. Reportedly, bidding criteria, established and enforced by the Autorité de Regulation des Marches Publics (ARMP, Government Tenders Regulation Authority) in spring 2008, are clear and the competition process is transparent.

COMMENTS -+

1. Business Anti-Corruption Portal. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

SOURCES -+

Opinion: Agree with Comments

Comment: The set of rules and regulations above mentioned are applicable to public procurement at large.
It is not specific to the Ministry of defence's purchase processes.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

65.
score
1

Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?

Researcher + Peer Reviewer4237: There is evidence that tender boards are subject to some regulations, scrutiny and code of conduct, however audit reports are difficult to access; they are not publicly available. According to the Business Anti-Corruption Portal, the transparency of the process appears to be weak and allegations of widespread corruption abound.

Public procurement regulations are not very effective in practice, as companies found guilty of major violations (i.e. bribery) of procurement regulations are not always blacklisted. The Directorate General of Government Procurement (DGMP, in French) within the Ministry of Finance (in French) is the supervisory body with exclusive power over the awarding and performance of public contracts, and the monitoring of compliance with the relevant legislation.

Procurement below an amount XOF 1 million only requires a straightforward order form. A letter of contract is required for purchases of more than XOF 1 million but not exceeding XOF 15 million: these purchases are supervised by the Procurement Committee in each Ministry or State company; at least three suppliers must be approached to submit sealed bids. Orders for over XOF 15 million must comply with the full government procurement procedure and are therefore under the supervision of the Central Directorate for Government Procurement.

In order to promote a &quoute;modern and transparent administration,&quoute; the Ministry of Economy and Finance has initiated a process of developing several computerized systems for management of public finances. To this end, the Financial Administration has been able to build for a number of years of a computerized management device whose implementation has achieved significant results. The auditing information Integrated Public Procurement System (SIMP) was designed to meet among others the issue of the unavailability of reliable data on public procurement.

According to the US Department of State 2011, the Autorité de Regulation des Marches Publics (ARMP, Government Tenders Regulation Authority) was set up in April 2008 and aims at establishing and enforcing bidding criteria, as well as ensuring free access to government contracts, equality in the bidding process and overall transparency. It is unclear to what extent the aforementioned procedures apply to defence and security procurement.

COMMENTS -+

1. Burkina Faso 2014. ‘Government Procurement.’ Retrieved from: http://www.wto.org/french/tratop_f/gproc_f/burkin1.pdf

2. Business Anti-Corruption Portal. 2014. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4. Direction Generale des Marches Publics. 2014. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

5. US Department of State 2011. 2011 Human Rights Country Report - Burkina Faso. Washington, DC.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

66.
score
1

Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?

Researcher + Peer Reviewer4237: The presence of a legislation on collusion specific to defence in Burkina Faso cannot be verified.

The Business Anti-Corruption Portal notes that national laws on corruption and collusion are weakly enforced. Companies report collusion between bidders and authorities before the tendering process begins and that tenders are often not officially publicised. In general, public procurement regulations are not very effective in practice, as companies found guilty of major violations (i.e. bribery) of procurement regulations are not consistently blacklisted.

COMMENTS -+

1. OECD. 2010. Policy Roundtables. Collusion and Corruption in Public Procurement. Retrieved from: http://www.oecd.org/daf/competition/cartels/46235399.pdf

2. Autorite de Regulation des Marches Publics. Burkina Faso: Evaluation of the Public Procurement System. Retrieved from http://www.armp.bf/index.php?option=com_content&view=article&id=99&Itemid=115

3. Direction Generale des Marches Publics. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

4. Business Anti-Corruption Portal 2014. Burkina Faso Country Proflie. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx.

SOURCES -+

Opinion: Agree with Comments

Comment: According to the Decree 2007-243 of 9 May 2007, the ARMP has theoretically a power of sanction against those who committed collusion or abuses in the field of public procurement, including to black list which committed such offenses. There is no example of such decisions in the field of defence and security contracts.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

67.
score
0

Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?

Researcher + Peer Reviewer4237: Available evidence reveals inadequate training for procurement staff in Burkina Faso (source 1). As a result, their ability to ensure that defence contractors fulfil their task of reporting and delivery is greatly undermined. This explains why procurement in Burkina Faso affords ample opportunity for corruption and collusion.

It is very likely that there is undue influence from higher grades in the organisation, given the legacy of corruption and nepotism in Burkina Faso (Business Anti-Corruption Portal 2014).

The Directorate General of Government Procurement (DGMP, in French) within the Ministry of Finance has exclusive power over the awarding and performance of public contracts, and the monitoring of compliance with the relevant legislation. The DGMP also maintains an online database where companies can search for public procurements for relevant tenders. There is no evidence that procurement staff offer any control or oversight over defence contractors.

COMMENTS -+

1.Burkina Faso 2014. ‘Government Procurement.’ Retrieved from: http://www.wto.org/french/tratop_f/gproc_f/burkin1.pdf

2. Business Anti-Corruption Portal. 2014. ‘Burkina Faso Country Profile.’ Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4. Direction Generale des Marches Publics. 2014. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

SOURCES -+

Opinion: Agree with Comments

Comment: The capacities and organization of services in charge of procurement - Intendance, Matériel, Essence - are very weak. Furthermore, they are systematically by passed in the process of purchasing military goods and equipment. This function as well as the one related to military internal audit and controls need strong reinforcement.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

68.
score
2

Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?

Researcher + Peer Reviewer4237: There are several public institutions that manage complaints handling mechanisms in Burkina Faso. These include:
(i) the Autorité Supérieur de Contrôle d’Etat (ASCE) (High Authority for State Oversight) which deals with issues of corruption,
(ii) the Autorité de Regulation des Marches Publics (ARMP) (Public Procurement Regulatory Agency) which received complaints related to public procurement;
(iii) the Ombudsman who mediates between citizens and public administrations on administrative issues, and (iv) the RENLAC , a network of civil society organisations which operates a hotline for citizens who have been victims of corruption.

These complaint mechanisms are likely to be ineffective and discriminatory, according to public evidence and surveys. According to African Peer Review Mechanism Burkina Faso 2008, many stakeholders recognise that bribes are needed in order to win a public contract

Burkina Faso is very poor on whistleblower legislation, which poses a hindrance to the fight against corruption, according to the Business Anti-Corruption Portal. It is therefore likely that companies do not receive (adequate) protection from discrimination when they use the mentioned mechanisms.

COMMENTS -+

1. World Bank. February 2012. ’FINDING THE RIGHT BALANCE Scaling Up Complaints Handling Mechanism in the Burkina Faso Portfolio – A Blueprint.’ Retrieved from: http://siteresources.worldbank.org/PUBLICSECTORANDGOVERNANCE/Resources/285741-1233946247437/bf_final_report_Feb2012.pdf

2. Freedom House 2013. Burkina Faso. Retrieved from: http://www.freedomhouse.org/report/freedom-world/2013/burkina-faso#.U_1gZ7ySw00

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4. Business Anti-Corruption Portal 2014. Burkina Faso Country Profile. http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/initiatives/public-anti-corruption-initiatives.aspx (Accessed 17 March 2015).

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

69.
score
1

What sanctions are used to punish the corrupt activities of a supplier?

Researcher + Peer Reviewer4237: A range of sanctions to punish corrupt suppliers are likely to exist, including fines, prosecution or debarment. However these sanctions are very likely to be weakly enforced in Burkina Faso (due to low government capacity and poor judiciary). According to African Peer Review Mechanism Burkina Faso 2008, many stakeholders recognise that bribes are needed in order to win a public contract.

In the official website of the Direction Generale des Marches Publics, the section on ‘Suppliers failing’ displays as ‘under construction.’ No information is provided. However, a basic list of suspended suppliers and businesses, delisted companies, and sanctioned public officials is detailed in the official website of the Direction Generale des Marches Publics. This demonstrates that there is some implementation of penal measures.

COMMENTS -+

1. World Bank. February 2012. ’FINDING THE RIGHT BALANCE Scaling Up Complaints Handling Mechanism in the Burkina Faso Portfolio – A Blueprint.’ Retrieved from: http://siteresources.worldbank.org/PUBLICSECTORANDGOVERNANCE/Resources/285741-1233946247437/bf_final_report_Feb2012.pdf

2. Freedom House 2013. Burkina Faso. Retrieved from: http://www.freedomhouse.org/report/freedom-world/2013/burkina-faso#.U_1gZ7ySw00

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4.Alan Bryden, Boubacar N'Diaye, 'Security Sector Governance in Francophone West Africa: Realities and Opportunities,' DCAF/Lit Verlag, 2011.

5.Direction Generale des Marches Publics. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

6. US Department of State. Executive Summary. Retrieved from: http://www.state.gov/documents/organization/227134.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

70.
score
0

When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?

Researcher + Peer Reviewer4237: With regards to offset contracts, there is likely to be some anti-corruption due diligence requirements imposed on contractors by the Government of Burkina Faso (GOBF) (US State Department 2013). These requirements, however, are likely to be weakly enforced (due to low government capacity). There is no evidence that the government of Burkina Faso follows up on offset contract performance and performs audit checks on performance and integrity.

The GOBF wishes to attract more foreign direct investment (FDI) and has been implementing, over the years, reforms to make Burkina Faso more attractive to international investors. While the country is ranked 151 out of 183 according to the World Bank's &quoute;Doing Business 2011&quoute; report, it cited Burkina Faso as one of ten economies that made the largest strides in making their regulatory environment more favourable to business and ranked it fourth for countries “narrowing the distance to frontier between 2005 and 2011.”

COMMENTS -+

1. World Bank. February 2012. ’FINDING THE RIGHT BALANCE Scaling Up Complaints Handling Mechanism in the Burkina Faso Portfolio – A Blueprint.’ Retrieved from: http://siteresources.worldbank.org/PUBLICSECTORANDGOVERNANCE/Resources/285741-1233946247437/bf_final_report_Feb2012.pdf

2. Freedom House 2013. Burkina Faso. Retrieved from: http://www.freedomhouse.org/report/freedom-world/2013/burkina-faso#.U_1gZ7ySw00

3. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

4. US Department of State (2013) 2013 Investment Climate Statement - Burkina Faso. http://www.state.gov/e/eb/rls/othr/ics/2013/204611.htm

SOURCES -+

Opinion: Agree with Comments

Comment: Unfortunately the reference made to the World Bank report &quoute;doing business 2011&quoute; is somehow contradicted by the latest doing business report which shows a deterioration of the business climate.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

71.
score
0

Does the government make public the details of offset programmes, contracts, and performance?

Researcher + Peer Reviewer4237: Evidence from the US State Department suggests that offset contracts exist in Burkina Faso. Details of offset programmes, contracts and performance in Burkina Faso are difficult to access, besides some limited, basic information on supplying companies, delisted companies, and sanctioned public officials. Information on the official website of the Direction Generale des Marches Publics is far from comprehensive.

According to the US Department of State, the Government of Burkina Faso (GOBF) does not impose &quoute;offset&quoute; requirements, which dictate that major procurements be approved only if the foreign supplier invests in Burkinabè manufacturing, research and development, or service facilities in areas related to the items being procured.

COMMENTS -+

1. Direction Generale des Marches Publics. 2014. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Alan Bryden, Boubacar N'Diaye, 'Security Sector Governance in Francophone West Africa: Realities and Opportunities,' DCAF/Lit Verlag, 2011.

4. United Nations Commission on Trade and Development, Foreign Direct Investment in LDCs: Lessons Learned from Decade 2000 – 2010 and the Way Forward.

5. US State Department. (2013). 2013 Investment Climate Statement - Burkina Faso. http://www.state.gov/e/eb/rls/othr/ics/2013/204611.htm (Accessed 17 March 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

72.
score
0

Are offset contracts subject to the same level of competition regulation as the main contract?

Researcher + Peer Reviewer4237: The Government of Burkina Faso (GOBF) does not impose &quoute;offset&quoute; requirements, which dictate that major procurements be approved only if the foreign supplier invests in Burkinabè manufacturing, research and development, or service facilities in areas related to the items being procured. All investment specific incentives are outlined in the revised investment code, Act number 007-2010/AN, and two other Acts number 025-2012/AN and number 023-2013/AN. The GOBF does not require investors to purchase materials from local sources or to export a certain percentage of output. The incentives are applied uniformly to both domestic and foreign investors. In principle, all contracts are subjected to the same level of competition. However, there is no evidence that offset contracts are competed.

COMMENTS -+

1. US Department of State. Executive Summary. Retrieved from: http://www.state.gov/documents/organization/227134.pdf

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Alan Bryden, Boubacar N'Diaye, 'Security Sector Governance in Francophone West Africa: Realities and Opportunities,' DCAF/Lit Verlag, 2011.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

73.
score
1

How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?

Researcher + Peer Reviewer4237: There is some evidence that agents and intermediaries are used in the procurement cycle and that the government of Burkina Faso imposes restrictions on companies' use of them (source 1). The use of agents and intermediaries in the procurement cycle increases the likelihood of bribery and corruption in Burkina Faso, according to the US Department of State.

COMMENTS -+

1. Direction Generale des Marches Publics. Burkina Faso. Retrieved from: http://www.dcmp.bf/SiteDcmp/dcmp/attributions.html

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. Alan Bryden, Boubacar N'Diaye, 'Security Sector Governance in Francophone West Africa: Realities and Opportunities,' DCAF/Lit Verlag, 2011.

4. United Nations Commission on Trade and Development, Foreign Direct Investment in LDCs: Lessons Learned from Decade 2000 – 2010 and the Way Forward.

SOURCES -+

Opinion: Agree with Comments

Comment: If there is no &quoute;interrmédiaires&quoute; or &quoute;facilitateur&quoute; it will be difficult for a company to win a contract.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

74.
score
0

Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?

Researcher + Peer Reviewer4237: There is no evidence which shows that the principal aspects of the financing package surrounding major arms deal are made publicly available before signing of contracts.

The law in Burkina Faso does not provide for public access to government information. While government ministries released some non-sensitive documents, local journalists complained that ministries, including defence and finance, generally were unresponsive to requests for information, citing national security and confidentiality as the reasons.

COMMENTS -+

1. Bayala, J-P & Gaanderse, M. ‘Burkina Faso.’ Retrieved from: http://www.dcaf.ch/Chapter-Section/Ch.3-Burkina-Faso

2. Jean-Pierre Bayala 2011. “Burkina Faso” in Perspectives on Security Sector Governance in Francophone West Africa, ed. Alan Bryden and Boubacar N’Diaye (Geneva: DCAF, 2011).

3. Bertelsmann Stiftung. 2014. ‘Country Report: Burkina Faso.’ Retrieved from: http://bti2006.bertelsmann-transformation-index.de/84.0.html?&L=1&L=1

4. Bertelsmann Transformation Index 2006. ‘Burkina Faso.’

5. Interview with member of the National Assembly, 24 April 2014

6. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

7. The Heritage Foundation. Open Budget Index 2010. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

75.
score
0

Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?

Researcher + Peer Reviewer4237: Given Burkina Faso’s poor record of anti-corruption enforcement in procurement, it is very unlikely that the government formally requires the main contractor to ensure subsidiaries and sub-contractors adopt anti-corruption programmes&quoute; - (Business Anti-Corruption Portal 2014) There is no evidence of a legislation that refers to subsidiaries adopting anti-corruption.
According to African Peer Review Mechanism Burkina Faso, many stakeholders recognise that bribes are needed in order to win a public contract. Furthermore, some stakeholders revealed that the excessive centralisation of the administration fuels corrupt practices at each level, and at the end of the contract award process, only a small amount of funds will be left to carry out the work or deliver the services.

COMMENTS -+

1. Business Anti-Corruption Portal. 2014 Public Procurement and Contracting. Retrieved from: http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/burkina-faso/corruption-levels/public-procurement-and-contracting.aspx

2. US Department of State. 2014. ‘2013 Human Rights Report: Burkina Faso.’ February 27. http://www.state.gov/j/drl/rls/hrrpt/2013/af/220087.htm

3. The Heritage Foundation. Open Budget Index 2010. Retrieved from: http://internationalbudget.org/wp-content/uploads/2011/04/OBI2010-BurkinaFaso.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+

76.
score
1

How common is it for defence acquisition decisions to be based on political influence by selling nations?

Researcher + Peer Reviewer4237: There is evidence of some level of political influence in Burkina Faso with regards to defence acquisition and military cooperation. According to the interviewee, some implicated countries and organisations include France, USA and US AFRICOM. There is no evidence that political considerations affect procurement at the cost of actual military need. No further sources could be found online.

Exercise Flintlock is one example of how the U.S. Africa Command is influencing and engaging Burkina Faso in training exercises, defence acquisitions and operations areas to meet common objectives. The three-week exercise, led by U.S. Special Operations Command Africa, is designed to build relationships and develop capacity among security forces throughout the Trans-Saharan region of Africa. The bilateral cooperation between Burkina Faso and U.S. Africa Command dates back to August 2008 when a bilateral military agreement went into effect allowing the exchange of logistic support, supplies, equiptment, and services between the two nations. The Acquisition and Cross Servicing Agreement is designed to simplify the exchange process and provide more flexibility for the militaries to work collaboratively during training and exercises.

COMMENTS -+

1. Danielle Skinner. 2010. ‘Burkina Faso Minister of defence Visits U.S. Africa Command.’ Retrieved from: http://www.africom.mil/Newsroom/article/7748/burkina-faso-minister-of-defence-visits-us-africa-

2. Stockholm International Peace Research Institute (SIPRI). http://www.sipri.org/

3. Interview with Analyst, Ouagadougou, 1 October 2014.

SOURCES -+

Opinion: Agree with Comments

Comment: In the field of defence equipment and technologies the influence of the former colonial ruler as well as of America is very high.
It is a substantial change compared to the 90's where Khaddafi played a key role in providing arms and ammunition to the sub-region through Burkina Faso.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: I think it is more accurate to say there is some acquisitions based on political influence by sellers. Participation in Flintlock (which includes most countries in the region) does not provide adequate proof of political influence by the sellers.

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Government Reviewer-+