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constituteproject.org

Burkina Faso's Constitution of

1991 with Amendments
through 2015

English Translation © 2012 by William S. Hein & Co., Inc. All rights reserved.
Translated by Jefri J. Ruchti
Prepared for distribution on constituteproject.org with content generously provided by Hein Online. This
document has been recompiled and reformatted using texts collected in Hein Online’s World
Constitution’s Illustrated.
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Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TITLE I: OF THE FUNDAMENTAL RIGHTS AND DUTIES . . . . . . . . . . . . . . . . . . . 5
CHAPTER I: OF CIVIL RIGHTS AND DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CHAPTER II: OF POLITICAL RIGHTS AND DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
CHAPTER III: OF ECONOMIC RIGHTS AND DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CHAPTER IV: OF SOCIAL AND CULTURAL RIGHTS AND DUTIES . . . . . . . . . . . . . . . . . . . . . . 7

TITLE II: OF THE STATE AND OF NATIONAL SOVEREIGNTY . . . . . . . . . . . . . . . 9

TITLE III: OF THE PRESIDENT OF FASO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
TITLE IV: OF THE GOVERNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
TITLE V: OF THE PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
TITLE VI: OF THE RESPECTIVE DOMAINS OF THE LAW AND OF
REGULATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
TITLE VII: OF THE RELATIONS BETWEEN THE GOVERNMENT AND THE
PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
TITLE VIII: OF THE JUDICIAL POWER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TITLE IX: OF THE HIGH COURT OF JUSTICE . . . . . . . . . . . . . . . . . . . . . . . . . . 28
TITLE X: OF THE ECONOMIC AND SOCIAL COUNCIL AND OF THE ORGANS
OF CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
TITLE XI: OF THE TERRITORIAL COLLECTIVITIES . . . . . . . . . . . . . . . . . . . . . . 29
TITLE XII: OF AFRICAN UNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
TITLE XIII: OF TREATIES AND INTERNATIONAL AGREEMENTS . . . . . . . . . . . . 30
TITLE XIV: OF THE CONSTITUTIONAL COUNCIL . . . . . . . . . . . . . . . . . . . . . . 30
TITLE XIVbis: OF THE MEDIATOR OF FASO . . . . . . . . . . . . . . . . . . . . . . . . . . 32
TITLE XIVter: OF THE SUPERIOR COUNCIL OF COMMUNICATION . . . . . . . . . 33
TITLE XIVquater: OF THE SUPERIOR AUTHORITY OF CONTROL OF THE
STATE AND OF COMBAT AGAINST CORRUPTION . . . . . . . . . . . . . . . . . . . . . 33
TITLE XV: OF REVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
TITLE XVI: FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
CHARTER of the TRANSITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
TITLE I: OF THE VALUES OF REFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

TITLE II: OF THE ORGANS OF THE TRANSITION . . . . . . . . . . . . . . . . . . . . . . . 36

Chapter I: Of the President of the Transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Chapter II: Of the National Council of the Transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Chapter III: Of the Government of the Transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

TITLE III: OF THE REVISION OF THE CHARTER OF THE TRANSITION . . . . . . . 40

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TITLE IV: OF TRANSITORY AND FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . 41

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• Source of constitutional authority

• Motives for writing constitution
Preamble
• Preamble

We, the Sovereign People of Burkina Faso:

• CONSCIOUS of our responsibilities and of our duties before history and
before humanity;
• STRENGTHENED by the democracies [we have] acquired;
• Human dignity • COMMITTED to preserve those acquired and animated by a will to
construct a State of law guaranteeing the exercise of collective and
individual rights, liberty, dignity, security, well-being, development, equality
and justice as the fundamental values of a pluralist society of progress and
free from all prejudice;
• REAFFIRMING our commitment to the struggle against any form of
domination as well as to the democratic character of power;
• REAFFIRMING the republican character of the forces of defense and of
security;
• DETERMINED to promote integrity, probity, transparence, impartiality and
the obligation to render account as the republican and ethical values proper
to moralize the life of the Nation;
• RECOGNIZING the customary and traditional leadership as [a] moral
authority[,] depository of the customs and of the traditions in our society;
• RECOGNIZING that the promotion of gender is a factor for realization of
the equality of law between men and women of Burkina Faso;
• Regional group(s) • SEARCHING [for] the economic and political integration with the other
peoples of Africa with a view to the construction of a federative unity of
Africa;
• International law • SUBSCRIBING to the Universal Declaration of the Rights of Man of 1948
• International human rights treaties
and to the international instruments concerning economic, political, social
and cultural problems;
• International law • REAFFIRMING solemnly our commitment vis-a-vis the African Charter of
• International human rights treaties
the Rights of Man and of Peoples of 1981;
• International law • CONSIDERING our attachment to the democratic values and principles as
inscribed in the African Charter of Democracy, of Elections and of
Governance of 30 January 2007 and in the Protocol A/SP1/12/01 of 21
December 2001 of ECOWAS [CEDE40, Communauté Économic des États
de l'Afrique de l'Ouest] on democracy and good governance;
• DESIROUS to promote peace, international cooperation, the peaceful
resolution of differences between States, with justice, equality, liberty and
the sovereignty of peoples;
• Protection of environment • CONSCIOUS of the absolute necessity to protect the environment;
APPROVE and ADOPT this Constitution of which this preamble is made an integral
part.

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TITLE I: OF THE FUNDAMENTAL RIGHTS

AND DUTIES

CHAPTER I: OF CIVIL RIGHTS AND DUTIES

• General guarantee of equality Article 1

All the Burkinabè are born free and equal in rights.
All have an equal vocation to enjoy all the rights and all the freedoms guaranteed by
this Constitution.
• Equality regardless of gender Discrimination of all sorts, notably those founded on race, ethnicity, region, color,
• Equality regardless of skin color
• Equality regardless of financial status sex, language, religion, caste, political opinions, wealth and birth, are prohibited.
• Equality regardless of political party
• Equality regardless of parentage
• Equality regardless of race
• Equality regardless of language
• Equality regardless of religion
Article 2
The protection of life, security, and physical integrity are guaranteed.
• Right to life
Slavery, slavery-like practices, inhuman and cruel, degrading and humiliating
• Prohibition of cruel treatment
• Prohibition of slavery treatments, physical or moral torture, services and mistreatments inflicted on
• Prohibition of torture
children and all forms of the degradation of Man[,] are forbidden and punished by the
law.

• Protection from unjustified restraint Article 3

No one may be deprived of his liberty if he is not prosecuted for acts specified and
punishable by the law.
• Power to deport citizens No one may only be arrested, detained, deported or exiled by virtue of the law.

• Right to fair trial Article 4

All Burkinabè and all persons living in Burkina Faso benefit from an equal protection
of the law. All have the right to have their case heard by an independent and
impartial jurisdiction.
• Presumption of innocence in trials Any accused is presumed innocent until his guilt has been established.
• Right to counsel The right to a defense, including that of freely choosing one's defender is guaranteed
before all the jurisdictions.

• Protection from ex post facto laws

• Principle of no punishment without law
Article 5
Anything which is not forbidden by the law may not be hindered and no one can be
constrained to do that which [the law] does not order.
The penal law does not have retroactive effect. One may only be judged and
punished by virtue of a law promulgated and published prior to the punishable act.
Punishment is personal and individual.

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• Regulation of evidence collection

• Right to privacy
Article 6
The residence, the domicile, private and family life, [and] the secrecy of
correspondence of every person, are inviolable.
It can only be infringed according to the forms and in the cases specified by the law.

• Freedom of assembly
• Freedom of religion
Article 7
• Freedom of opinion/thought/conscience
The freedom of belief, of non-belief, of conscience, of religious opinion, [of]
philosophy, of exercise of belief, the freedom of assembly, the free practice of
custom as well as the freedom of procession and of demonstration, are guaranteed
by this Constitution, under reserve of respect for the law, for public order, for good
morals and for the human person.

• Freedom of expression
• Right to information
Article 8
• Freedom of opinion/thought/conscience
• Freedom of press
The freedoms of opinion, of the press and the right to information are guaranteed.
Every person has the right to express and to disseminate his opinions within the
order of the laws and regulations in force.

• Protection of stateless persons

• Freedom of movement
Article 9
The free circulation of persons and of assets, the free choice of residence and the
right of asylum, are guaranteed within the order of the laws and regulations in force.

• Duty to serve in the military Article 10

Every Burkinabè citizen has the duty to participate in the defense and in the
maintenance of the territorial integrity.
He is required to fulfill national service when it is required of him.

CHAPTER II: OF POLITICAL RIGHTS AND DUTIES

Article 11
All Burkinabè enjoy civil and political rights within the conditions specified by the
law.

Article 12
All the Burkinabè without any distinction, have the right to participate in the conduct
of the affairs of the State and of society.
In this capacity, they are electors and eligible within the conditions specified by the
law.

• Prohibited political parties

• Right to form political parties
Article 13
The political parties and formations create themselves freely.
They participate in the activity of political life, in the information and the education
of the people as well as in the expression of suffrage.

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They conduct their activities freely within respect for the laws.
All the political parties or formations are equal in rights and in duties.
However, tribalist, regionalist, denominational, or racist political parties or
formations are not authorized.

Article 13.1
Independent candidacies are admitted for all the elections.

CHAPTER III: OF ECONOMIC RIGHTS AND DUTIES

• Ownership of natural resources Article 14

The natural wealth and resources belong to the people. They are utilized for the
amelioration of their conditions of life and within the respect for sustainable
development.

• Protection from expropriation

• Right to own property
Article 15
The right of property is guaranteed. It may not be exercised contrary to social utility
or in a manner which results in prejudice to the security, to liberty, to existence or to
the property of others.
It can only be infringed the in case of public necessity declared in the legal forms.
No one will be deprived of their possessions if it is not for [a] cause of public utility
and under the condition of a just indemnity established conforming to the law. This
indemnity must be prior to the expropriation, except in case of urgency or of force
majeure.

• Right to establish a business Article 16

The freedom of enterprise is guaranteed within the order of the laws and regulations
in force.

Article 17
The duty to fulfill one's fiscal obligations conforming to the law is imposed on each
one.

CHAPTER IV: OF SOCIAL AND CULTURAL RIGHTS AND

DUTIES

• Reference to art
• Right to culture
Article 18
• State support for the elderly
• State support for the disabled
• State support for children Education, potable water and sanitation, instruction, [professional] training
• Right to health care
• Right to rest and leisure [formation], social security, housing, energy, sport, leisure, health, protection of
• Reference to science maternity and of infancy, assistance to the aged persons, to the persons living with a
• Right to shelter
• Right to water handicap and [those] in social cases, [and] artistic and scientific creation, constitute
the social and cultural rights recognized by this Constitution which sees to their
promotion.

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• Right to work
• Right to just remuneration
Article 19
The right to work is recognized and is equal for all.
It is prohibited to discriminate in matters of employment and of remuneration
founded notably on sex, color, social origin, ethnicity or political opinion.

Article 20
The State sees to the constant amelioration of the conditions of work and to the
protection of the worker.

• Freedom of association
• Right to join trade unions
Article 21
The freedom of association is guaranteed. Every person has the right to constitute
associations and to participate freely in the activities of the associations created. The
functioning of the associations must conform to the laws and regulations in force.
The syndical freedom is guaranteed. The unions exercise their activities without
constraint and without limitation other than those specified by the law.

• Right to strike Article 22

The right to strike is guaranteed. It is exercised conforming to the laws in force.

• Right to found a family Article 23

The family is the basic unit of society. The State has the duty to protect it.
Marriage is founded on the free consent of the man and of the woman. All
discrimination based on race, color, religion, ethnicity, caste, social origin, [and]
fortune, is forbidden in matters of marriage.
Children are equal in rights and in duties in their familial relations. The parents have
the natural right and the duty to raise and to educate their children. These must give
them respect and assistance.

• Rights of children Article 24

The State works to promote the rights of the child.

• Right to transfer property Article 25

The right to transmit one's assets by inheritance or gift is recognized conforming to
the laws and regulations in force.

• Right to health care Article 26

The right to health is recognized. The State works to promote it.

• Free education Article 27

Every citizen has the right to instruction.
Public education is secular.
Private education is recognized. The law establishes the conditions of its exercise.

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• Reference to art
• Provisions for intellectual property
Article 28
• Reference to science
The law guarantees intellectual property.
The freedom of creation and [of] artistic, scientific and technical works, are
protected by the law.
• Right to culture The manifestation of cultural, intellectual, artistic and scientific activity is free and is
exercised conforming to the texts in force.

• Protection of environment Article 29

The right to a healthy environment is recognized; the protection, the defense and the
promotion of the environment are a duty for all.

• Right of petition Article 30

Every citizen has the right to initiate an action or participate in a collective action
under the form of petition against the acts:
• harming the public patrimony;
• harming the interests of the social communities;
• Protection of environment • infringing the environment or the cultural or historic patrimony.

TITLE II: OF THE STATE AND OF NATIONAL

SOVEREIGNTY

• Type of government envisioned Article 31

• Separation of church and state Burkina Faso is a democratic, unitary and secular State.
Faso is the republican form of the State.

Article 32
National sovereignty belongs to the people who exercise it under the conditions
specified by this Constitution and by the law.

• Secret ballot
• Claim of universal suffrage
Article 33
Suffrage is direct or indirect and exercised under the conditions specified by the law.
Direct suffrage is always universal, equal and secret.

• National anthem
• National flag
Article 34
• National motto
The symbols of the Nation are constituted by an emblem, by a coat-of-arms, by an
anthem and by a motto.
The emblem is the tri-colored flag of rectangular and horizontal form, red and green
with, in its center, a yellow-gold star of five points.
The law determines the coat-of-arms as well as the signification of its constituent
elements.

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The national anthem is the Di-Taa-Niyè, chant of victory, [and] of salvation.

The motto is: UNITE -PROGRES -JUSTICE [Unity -Progress -Justice].

• Official or national languages Article 35

The official language is French.
The law establishes the modalities of the promotion and of the official use of the
national languages.

TITLE III: OF THE PRESIDENT OF FASO

• Name/structure of executive(s) Article 36

The President of Faso is the Head of the State.
He sees to the respect of the Constitution.
He establishes the principal orientations of the policy of the State.
He incarnates and assures the national unity.
• International law He is the guarantor of the national independence, of the integrity of the territory, of
the permanence and of the continuity of the State, [and] of respect for agreements
and treaties.

• Secret ballot
• Head of state selection
Article 37
• Head of state term length
• Head of state term limits
• Claim of universal suffrage The President of Faso is elected by universal, direct, equal and secret suffrage for a
mandate of five years.
He is re-eligible one sole time.
In no case, no one may exercise more than two mandates of President of Faso
consecutively or intermittently.

• Minimum age of head of state

• Eligibility for head of state
Article 38
Every candidate to the functions of President of Faso must be Burkinabè by birth, be
thirty-five years of age at least and of seventy-five years [of age] at most at the date
of deposit of his candidature[,] and meeting the conditions required by the law.

• Head of state selection Article 39

The President of Faso is elected by the absolute majority of the suffrage expressed.
If this majority is not obtained in the first round of the ballot, it proceeds fifteen (15)
days later to a second round. Only the two candidates can present themselves who,
as the case may be, after withdrawal of the less favored candidates, are found to
have received the greatest number of votes at the first round; the President of Faso
is then elected by simple majority.

• Scheduling of elections Article 40

The elections are set twenty-one days at least and forty days at most before the
expiration of the mandate of the President in office.

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Article 41
The law determines the procedure, the conditions of eligibility and of presentation of
the candidatures to the presidential elections, of the conduct of the ballot, of the
counting and of the proclamation of the results. It specifies all the provisions
required so that the elections will be free, honest and regular.

Article 42
The functions of the President of Faso are incompatible with the exercise of all other
elective mandate of national level, of any public employment and of any professional
activity.
The provisions of Articles 72, 73, 74 and 75 of this Constitution are applicable to the
President of Faso.

• Head of state removal

• Head of state replacement
Article 43
While the President of Faso is incapacitated in a temporary manner [fagon] from
fulfilling his functions, his powers are provisionally exercised by the Prime Minister.
• Constitutional court powers In case of vacancy of the Presidency of Faso for any cause that may be, or of absolute
or definitive incapacity declared by the Constitutional Council, referred to [the
matter] by the Government, the functions of the President of Faso are exercised by
the President of the National Assembly. It proceeds to the election of a new
President for a new period of five years.
The election of the new President takes place sixty days at least and ninety days at
most after [the] official declaration of the vacancy or of the definitive character of
the incapacity.
In all cases, application may not be made of Articles 46, 49, 50, 59, and 161 of this
Constitution during the vacancy of the Presidency.

Article 44
• Oaths to abide by constitution Before entering into [his] functions, the President elected swears before the
Constitutional Council the following oath: "I swear before the Burkinabè people and
on my honor to preserve, to respect, to have respected and to defend the
Constitution and the laws, and to implement it to guarantee justice to all the
inhabitants of Burkina Faso."
In the course of the ceremony of investiture, the President of the Constitutional
Council receives the written declaration of the assets of the President of Faso.
The President of the Constitutional Council transmits [a] copy of the said [ladite]
declaration to the Superior Authority of Control of State and of Combat
[lutte/struggle] Against Corruption within a time period of seven days.
This declaration is published in the Journal Officiel [Official Gazette] within a time
period of fifteen days.

Article 45
The law establishes the civil list of service to the President of Faso.
The law organizes the service of a pension in favor of former Presidents.

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• Cabinet removal
• Cabinet selection
Article 46
• Head of government removal The President of Faso appoints the Prime Minister from among the majority of the
• Head of government selection
• Eligibility for head of government National Assembly and terminates his functions, either on the presentation by him of
his resignation, or on his own authority [chef] in the superior interest of the Nation.
On the proposal of the Prime Minister, he appoints the other members of the
Government and terminates their functions.

Article 47
The President of Faso presides over the Council of Ministers. The Prime Minister
substitutes for him with the conditions established by this Constitution.

• Approval of general legislation

• Veto override procedure
Article 48
The President of Faso promulgates the law within the twenty-one days which follow
the transmission of the text definitively adopted. This time period is reduced to eight
days in case of urgency declared by the National Assembly.
The President of Faso can, during the time period of promulgation, demand a second
reading of the law or of certain of its articles; the demand may not be refused. This
procedure suspends the time periods of promulgation.
In default of promulgation within the time periods required, the law enters
automatically into force following [the] declaration of the Constitutional Council
referred to [the matter] to that effect.

• Referenda Article 49
The President of Faso can, after [the] opinion of the Prime Minister and of the
President of the National Assembly, submit to referendum any bill of the law that he
deems [as] requiring direct consultation of the People with the exception of any
revision of this Constitution which is still governed by the procedure specified in Tile
XV.
In [the] case of the adoption of the said law, it proceeds to its promulgation in the
time periods specified in Article 48.

• Dismissal of the legislature Article 50

The President of Faso can, after consultation of the Prime Minister and of the
President of the National Assembly, declare the dissolution of the National
Assembly.
In [the] case of dissolution, the legislative elections take place sixty days at least and
ninety days at most after the dissolution.
It may not proceed to a new dissolution in the year which follows these elections.
The dissolved National Assembly may not meet.
However, the mandate of the Deputies only expires at the date of validation of the
mandate of the members of the new National Assembly.

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Article 51
The President of Faso communicates with the National Assembly, either in person,
or by the messages which he has read by the President of the National Assembly and
which do not give rise to any debate. Out of session, the National Assembly meets
specially to this effect.

• Selection of active-duty commanders Article 52

• Designation of commander in chief The President of Faso is the Supreme Head of the National Armed Forces; in this
• Advisory bodies to the head of state
capacity, he presides over the Superior Council of Defense.
He appoints the Major General Head of State of the Armies.

• Establishment of judicial council Article 53

The President of Faso communicates with the Superior Council of the Magistrature,
either in person, or by the messages which he has read by the President of the
Superior Council of the Magistrature.

• Power to pardon Article 54

The President of Faso exercises the right of pardon. He proposes the laws of
amnesty.

• Foreign affairs representative

• Head of state powers
Article 55
• International organizations
The President of Faso appoints to the offices [emplois] 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 foreign countries and
to international organizations.
The foreign ambassadors and extraordinary envoys are accredited to him.
He appoints the Grand Chancellor of the Order Burkinabè [Grand Chancelier des
Ordres burkinabè].
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 National Assembly as well as
the modalities and effects of this consultation.

Article 56
The law determines the other offices which he provides for in the Council of
Ministers, as well as the conditions in which the powers of appointment of the
President are exercised.

• Powers of cabinet
• Head of government powers
Article 57
The Acts of the President of Faso other than those specified in Articles 46, 49, 50, 54
and 59 are countersigned by the Prime Minister, as the case may be, by the
concerned Ministers.

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• Emergency provisions Article 58

The President of Faso decrees, after deliberation in the Council of Ministers, the
state of siege and the state of urgency.

• Emergency provisions Article 59

When the Institutions of Faso, the independence of the Nation, the integrity of its
territory or the execution of its obligations are menaced in a grave and immediate
manner and/or that the regular functioning of the public constitutional powers is
interrupted, the President of Faso takes, after deliberation in the Council of
Ministers, after official consultation of the Presidents of the National Assembly and
of the Constitutional Council, the measures required by the circumstances. He
informs the Nation of it by a message. In no case, may he make an appeal to foreign
armed forces to intervene in an internal conflict. The National Assembly may not be
dissolved during the exercise of exceptional powers.

Article 60
The President of Faso can delegate certain of his powers to the Prime Minister.

TITLE IV: OF THE GOVERNMENT

• Establishment of cabinet/ministers

Article 61
The Government is an organ of the Executive.
It conducts the policy of the Nation; in this capacity, it is obligatorily referred to
[matters]:
• International law • of drafts of international agreements;
• of bills and proposals of law;
• of drafts of regulatory texts.
It [has at its] disposal the administration and the forces of defense and of security.

Article 62
The Government is responsible before the National Assembly in the conditions and
following the procedures specified by this Constitution.

• Head of government removal

• Head of government selection
Article 63
• Head of government powers
• Head of government replacement
The Prime Minister is the Head of the Government; in this capacity, he directs and
• Name/structure of executive(s)
coordinates the governmental action.
He is responsible for the implementation of the policy of national defense defined by
the President of Faso.
He exercises the regulatory power conforming to the law, assures the
implementation of the laws, appoints to civil and military offices other than those
relevant to the competence of the President of Faso.
In the thirty days which follow his appointment, the Prime Minister makes a
declaration of general policy before the National Assembly.

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This declaration is followed by debates and gives rise to a vote.

The adoption of this declaration validates [vaut] investiture.
If the declaration of general policy does not receive the absolute majority of the
members composing the National Assembly, the President of Faso terminates the
functions of the Prime Minister within a time of eight days.
He appoints a new Prime Minister in accordance with the provisions of Article 46
above.

Article 64
The Prime Minister assures the presidency of the Council of Ministers by delegation
and for a specific agenda.

• Head of government powers Article 65

The Prime Minister determines the attributions of the members of the Government.
These attributions are established by decree taken in the Council of Ministers.

• Powers of cabinet Article 66

The acts of the Prime Minister are, as the case may be, countersigned by the
members of the Government responsible for their implementation.

Article 67
The Prime Minister can delegate certain of his powers to members of the
Government.

Article 68
The members of the Government are responsible for the management of their
respective departments before the Prime Minister. They are jointly responsible for
the decisions of the Council of Ministers.

• Cabinet removal Article 69

Any vacancy of the post of Prime Minister automatically terminates the functions of
the other members of the Government. In this case, the latter expedite the current
affairs until the formation of a new Government.

Article 70
• Eligibility for cabinet The functions of a member of the Government are incompatible with the exercise of
• Head of government's role in the
legislature any parliamentary mandate, of any remunerated professional activity and of any
function of professional representation.
However, the exercise of functions of professional representation of international
character is possible with the prior agreement of the Government.

Article 71
Every person appointed to exercise ministerial functions obligatorily benefits from a
leave of absence or from a suspension of contract of work[,] according to the case.

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Article 72
The members of the Government must not expose themselves to any situation
susceptible of creating conflicts between the duties of their functions and their
private interests.

Article 73
During the term of their functions, the members of the Government may not directly
or indirectly buy or lease anything which belongs to the domain of the State. The law
will specify the cases where this provision can be derogated.
They may not take part in sales [marchés] and in adjudications held by the
Administration or by the Institutions corresponding to the State or submitted to its
control.

Article 74
No member of Government may make a profit through his position, or make use of[,]
directly or indirectly for personal ends[,] information that is communicated to him.

Article 75
The provisions of Article 73 remain applicable for members of the Government
during the six months which follow the cessation of their functions.
Those of Article 74 remain applicable during the two years which follow the
cessation of their functions.

• Cabinet removal
• Head of government removal
Article 76
Each member of the Government is responsible before the High Court of Justice for
the crimes and misdemeanors committed by him during the exercise of his functions.

Article 77
On their entry into their functions and to the end of their exercise, the members of
the Government are required to provide a list of their assets to the Constitutional
Council.
This obligation extends to all the Presidents of the institutions consecrated by the
Constitution, as well as to other persons of distinction [concerning] which the list is
determined by the law.

TITLE V: OF THE PARLIAMENT

• Structure of legislative chamber(s) Article 78

The Parliament consists of one sole Chamber denominated [the] "National
Assembly".

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Article 79
The members of the National Assembly have the title of "Deputy".

Article 80
• Secret ballot The Deputies are elected by direct, equal and secret universal suffrage.
• First chamber selection
• Claim of universal suffrage
They exercise the legislative power.
Every person elected Deputy must benefit[,] the case arising, from a leave of absence
or from a suspension of contract[,] as the case may be.

• Term length for first chamber Article 81

The duration of the legislature is of five years.
However, by derogation of the paragraph above and in the case of force majeure or
of necessity expressed by the National Assembly with the absolute majority of the
Deputies, the duration of the legislature may be prorogued until the validation of the
mandate of the Deputies of the new legislature.
No extension may surpass a duration of one year.

Article 82
The law determines:
• Electoral districts • the electoral circumscriptions;
• Size of first chamber • the number of seats and their divisions by circumscriptions;
• First chamber selection • the modes of the ballot;
• Replacement of legislators • the conditions of election and of replacement by new elections in the case
• Eligibility for first chamber
• Outside professions of legislators of vacancy of [a] seat, as well as the regime of the ineligibilities and of the
incompatibilities;
• Compensation of legislators • the status of the Deputies and the amount of their indemnities.

Article 83
It may not proceed to partial elections in the last third of the legislature.

Article 84
The National Assembly votes the law, consents to taxation and controls the action of
the Government conforming to the provisions of this Constitution.

Article 85
Each Deputy is the representative of the Nation.
Any imperative mandate is null.
• Removal of individual legislators However, any Deputy who freely resigns from his party or from his political
formation or who loses his status [as an] independent notably by becoming [a]
member of a political party or formation is deprived of his mandate. It proceeds to
his replacement in accordance with the law.

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All the Deputies have deliberative voice. The right to vote of the Deputies is
personal. However, the delegation of the vote is permitted when the absence of a
Deputy is justified. No one may validly receive for a given [donné] ballot more than
one delegation of [the] vote.

Article 86
The National Assembly proclaims the validity of the election of its members[,]
notwithstanding the control of regularity exercised by the Constitutional Council.
It establishes its regulations.

• Length of legislative sessions Article 87

The National Assembly meets of plain right each year in two ordinary sessions on the
convocation of its President.
The duration of each shall not exceed ninety days.
The first session opens the first Wednesday of the month of March and the second
the last Wednesday of the month of September. If the first Wednesday of March or
the last Wednesday of September is a holiday, the session opens the first working
day possible which follows.

• Extraordinary legislative sessions Article 88

The National Assembly meets in extraordinary session on convocation of its
President, at the demand of the Prime Minister or of the absolute majority of the
Deputies on a specific agenda. The extraordinary session is closed on completion of
the agenda.

• Public or private sessions Article 89

The sittings of the National Assembly are public.
However, in case of need and at the demand of the Prime Minister or of a third of the
Deputies, the National Assembly may be held in closed [session].

• Constitutional court powers Article 90

Except [in the] case of force majeure declared by the Constitutional Council, the
deliberations of the National Assembly are valid only if they have taken place at its
seat [à son siège].

• Leader of first chamber

• Standing committees
Article 91
The National Assembly is directed by a President assisted by a Bureau.
The President of the National Assembly is elected, by the absolute majority of the
members of the National Assembly in the first round or by the simple majority at the
second round, for the duration of the legislature. He is re-eligible one sole time.
In no case, may one exercise more than two mandates of President of the National
Assembly, consecutively or intermittently.
The members of the Bureau are elected for one year renewable. However, their
functions can be terminated during the course of the legislature at the demand of
two-fifths[,] and after a vote of the absolute majority[,] of the members of the
National Assembly.

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By absolute majority [it] is understood [to mean] more than half of the votes [voix].

Article 92
In case of vacancy of the presidency of the National Assembly by death, resignation
or for any other cause, the National Assembly elects, within the conditions
established in Article 91, a new President within the fifteen days following the
vacancy if it is in session. In the contrary case, it meets in extraordinary session
within the conditions established by the Regulations.

Article 93
The National Assembly enjoys financial autonomy.
The President of the National Assembly manages the credits which are allotted to
him for his functioning.
The President is responsible for this management before the National Assembly. It
can dismiss him by a majority of three-fifths for incompetence [faute lourde] in his
management.

Article 94
Every Deputy appointed to high functions is replaced by a substitute. The list of the
high functions is determined by the law.
If he ceases to exercise his functions at the latest before the end of the [first] half of
the legislature, he can retake his seat; beyond this date, he may only retake it in case
of vacancy of the seat by the death or resignation of the substitute.

• Immunity of legislators Article 95

No Deputy may be prosecuted, investigated, arrested, detained or judged for reason
of the opinions or votes emitted by him during the exercise or on the occasion of the
exercise of his functions.

• Immunity of legislators
• Standing committees
Article 96
Except in the case of flagrante delicto, a Deputy may only be prosecuted or arrested
in a penal or criminal matter with the authorization of at least one-third of the
members of the National Assembly during the sessions or of the Bureau of the
National Assembly when out of sessions.

Article 96.1
The parliamentary opposition has the right, once a year, to introduce a bill of
resolution in view of the creation of a parliamentary commission of inquiry and to
preside over it.
This parliamentary commission of inquiry is open to the members of the other
parliamentary groups.
The procedure and the conditions of creation of the said [ladite] parliamentary
commission of inquiry are governed by the Regulations of the National Assembly.

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TITLE VI: OF THE RESPECTIVE DOMAINS OF

THE LAW AND OF REGULATION

Article 97
The law is a deliberation, regularly promulgated[,] of the National Assembly.
• Organic laws The law to which the Constitution confers the organic character is a deliberation of
the National Assembly having for its object the organization or the functioning of the
institutions. It is voted by the absolute majority and promulgated after declaration of
its conformity with the Constitution by the Constitutional Council.
The law relative to the laws of finance is a law of organic character.
• Initiation of general legislation The initiative of law belongs concurrently to the Deputies and to the Government.
The drafts of texts emanating from the Deputies are called "proposals of law"
[propositions de loi] and those emanating from the Government "bills of law"
[projets de loi].
• Standing committees The proposals and bills of law are deliberated in the Council of Ministers before their
deposit with the Bureau of the National Assembly.

• Standing committees Article 98

• Legislative initiatives by citizens The people exercise the initiative of law by way [voie] of petition constituting a
• Initiation of general legislation
proposal[,] written and signed by at least fifteen thousand persons having the right
to vote under the conditions specified by the law.
The petition is deposited with the Bureau of the National Assembly.
The right of amendment belongs to the Deputies and to the Government whatever
the origin of the text may be.

• Head of state decree power Article 99

The ordinance is an act signed by the President of Faso, after deliberation of the
Council of Ministers, within the domains reserved to the law and in the cases
specified in Articles 103, 107 and 119 of this Constitution. It enters into force on its
publication.

• Powers of cabinet
• Head of government decree power
Article 100
• Head of state decree power
The simple decree is an act signed by the President of Faso or by the Prime Minister
and countersigned by one or more competent members of the Government.
The decree in the Council of Ministers is an act signed by the President of Faso and
by the Prime Minister after the opinion of the Council of Ministers: it is
countersigned by one or more competent members of the Government.

Article 101
The law establishes the rules concerning:
• Requirements for birthright citizenship • citizenship, civic rights and the exercise of the public freedoms;
• constraints arising from the necessities of the National Defense;

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• Requirements for birthright citizenship • nationality, the state and capacity of persons, the matrimonial regimes;
• Right to transfer property • inheritance and gifts;
• the procedure according to which custom may be asserted and harmonized
with the fundamental principles of the Constitution;
• the promotion of gender;
• the determination of crimes and misdemeanors, as well as the penalties
which are applicable to them, the penal procedure, [and] amnesty;
• the organization of judicial and administrative tribunals and the procedure
before these jurisdictions, the status of the magistrates, [and] of the
ministerial and auxiliary officers of justice;
• the basis, the rate and the modalities of collecting taxes of all kinds;
• the regime of the issuance of money;
• the credits and financial engagements of the State;
• Municipal government • the electoral regime of the National Assembly and of the local assemblies;
• the nationalization of enterprises and the transfers of property of
enterprises of the public sector to the private sector;
• the creation of categories of public establishments;
• Emergency provisions • the state of siege and the state of urgency.
• Electoral districts • the electoral circumscriptions;
• the number of seat and their allocation;
• the mode of the ballot;
• the conditions of election and of replacement by new elections in case of
vacancy of [a] seat, as well as the regime of the ineligibility and of the
incompatibilities;
• Compensation of legislators • the status of the Deputies and the amount of their indemnities.
The law determines the fundamental principles:
• Protection of environment • of the protection and of the promotion of the enviromnent and of
sustainable development;
• of the drafting [elaboration], of the execution and of the review of the
national plans and programs of development;
• of the protection and of the exercise of the freedom of the press;
• of the general organization of the Administration;
• of the general status of the Public Function;
• of the organization of the National Defense;
• Reference to science • of Education [enseignement] and of Scientific Research;
• of the integration of the national cultural values;
• of the regime of property, of the rights of real property and of civil and
commercial obligations;
• of the right to Work, of the syndical right, and of the social institutions;
• of the alienation and of the management of the domain of the State;
• of the penitentiary regime;
• of insurance and of savings;
• of the organization of production;
• of the regime of transportation and communications;
• of the free administration of the territorial collectivities, of their
competences and of their resources.

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• Budget bills Article 102

The law of finance determines, for each year, the resources and the obligations of the
State. The bill of the law of finance must specify the receipts necessary for the
integral coverage of expenses.

• Budget bills Article 103

The National Assembly votes the bills of law of finance and the bills of law of
regulations in accordance with the conditions provided for by the law.
The National Assembly is referred to [the matter] of the bill of the law of finance at
the opening of the second ordinary session.
• Extraordinary legislative sessions The provisions of the bill can be put into force by ordinance if the National Assembly
has not decided at the latest on the date of cloture of the session and only if the
budgetary year is about to expire. In this case, the Government convokes an
extraordinary session, in order to demand the ratification. If the budget is not voted
at the end of the extraordinary session, it is definitively established by ordinance.
If the bill of the law of finance has not been dealt with in a timely fashion [temps utile]
to be voted and promulgated before the beginning of the fiscal year [exercice], the
Prime Minister demands of urgency of the National Assembly the authorization to
restore the budget of the preceding year by provisional twelfths.

Article 104
In the course of the execution of the budget, when the circumstances require it, the
Government proposes to the Parliament, the adoption of rectifying laws of finance.

Article 105
The National Assembly regulates the accounts of the Nation according to the
modalities specified by the law of finance.
It is, to this effect, assisted by the Court of Accounts which is responsible for all
inquiries and studies concerning the collection [recouvrement] of the [public]
receipts and the execution of the public expenses, or the management of the national
treasury, of the territorial collectivities, of the administrations or institutions arising
from the State or submitted to its control.

Article 106
• Emergency provisions The National Assembly meets of plain right in the case of [a] state of siege, if it is not
in session. The state of siege can only be extended more than fifteen days with the
authorization of the National Assembly.
• Designation of commander in chief The declaration of war and the sending of military contingents or observers abroad
• Power to declare/approve war
are authorized by the National Assembly.

• Powers of cabinet
• Head of government decree power
Article 107
The Government can, for the execution of its programs, demand of the National
Assembly the authorization to take by ordinance, for a limited time period, measures
which are normally of the domain of the law.
The ordinances are taken in the Council of Ministers after the opinion of the
Constitutional Council. They enter into force on their publication, but become lapsed

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if the bill of law of ratification is not deposited with the National Assembly before the
date established by the enabling law [loi d'habilitation].
On the expiration of the time period mentioned in the first paragraph of this Article,
the ordinances may only be modified by the law in those of their provisions which are
of the legislative domain.

Article 108
The matters other than those corresponding to the domain of the law have a
regulatory character.

TITLE VII: OF THE RELATIONS BETWEEN

THE GOVERNMENT AND THE PARLIAMENT

• Legislative committees
• Legislative oversight of the executive
Article 109
The Prime Minister has access to the National Assembly. He can give responsibility
to [charger] a member of the Government of representation before the National
Assembly; the Prime Minister can be assisted, in the course of the debates or in
commission, by the members of the Government, [by] counselors or experts of his
choice.
The Prime Minister presents directly to the Deputies the state [situation] of the
Nation on the opening of the first session of the National Assembly.
This presentation is followed by debate and does not give rise to any vote.

• Legislative committees Article 110

The members of the Government have access to the National Assembly, to its
commissions and consultative organs. They can be assisted by counselors or experts.

• Legislative oversight of the executive Article 111

During the sessions, at least one sitting per week is reserved to the questions of the
Deputies and to the responses of the Government.
The National Assembly can address to the Government questions on current events,
written questions, [or] oral questions, with or without debate.
The oral questions and the [questions] on current events focusing on the general
policy of the Government are posed to the Prime Minister who responds to them. He
may not be represented [by another person].

• Budget bills
• Economic plans
Article 112
The Government deposits the bills of law before the National Assembly within the
conditions provided for by the law.
It presents and defends before it the governmental policy, the budget of the State,
[and] the plans of economic and social development of the Nation.

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In accordance with the law, the Government participates in the debates concerning
the orientation, the legitimacy, the merit [bien-fondie] and the effectiveness of the
policy of the Government.

• Legislative oversight of the executive Article 113

The Government is required to furnish to the National Assembly all explanations
which are demanded of it on its management and on its acts.
The National Assembly may constitute parliamentary commissions of inquiry.

Article 114
The reciprocal relations of the National Assembly and of the Government are
expressed equally by:
• the motion of censure;
• the question of confidence;
• the dissolution of the National Assembly;
• the procedure of parliamentary discussion.

• Cabinet removal
• Head of government removal
Article 115
• Limits on removing head of government
The National Assembly can present a motion of censure with regard to the
Government.
The motion of censure is signed by at least one-third of the Deputies. To be adopted,
it must be voted by an absolute majority of the members composing the Assembly.
In case of rejection of the motion of censure, its signatories may not present another
before the time period of one year.

• Cabinet removal
• Head of government removal
Article 116
The Prime Minister can, after deliberation of the Council of Ministers, engage before
the National Assembly the responsibility of the Government on a program or on a
declaration of general policy.
The confidence in the Government is refused if the text presented does not receive
the absolute majority of the votes of the members composing the Assembly.
The vote on the question of confidence may not take place less than forty-eight
hours after the deposit of the text.
The Prime Minister can, after deliberation of the Council of Ministers, engage the
responsibility of the Government before the Assembly on the adoption of a text. In
this case, this text is considered adopted except if a motion of censure, deposited
within the twenty-four hours which follow, is adopted in the conditions specified in
the paragraphs above.

• Cabinet removal
• Head of government removal
Article 117
• Head of government replacement
If the motion of censure is voted or confidence is refused, the President of Faso
terminates, within a time period of eight days, the functions of the Prime Minster. He
appoints a new Prime Minister according to the procedure specified in Article 46.

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Article 118
The agenda of the National Assembly consists notably of the discussion of the
popular petitions, of the bills of law deposited by the Government and of the
proposals of law accepted by it.
Nevertheless, any proposal of law can be discussed two months after its submission
to the Government without application of the preceding paragraph having been
made, or of Articles 121 and 122 of this Constitution.
The inscription, by priority, in the agenda of the National Assembly, of a bill or of a
proposal of law or of a declaration of general policy, is of right if the President of
Faso or the Prime Minister makes the demand for it.

Article 119
In case of urgency declared by the Government, the National Assembly must decide
on the bills of law within a time period of fifteen days. This time period is extended
[porte] to forty days for the law of finance.
If at the expiration of the time period no vote has been taken [intervenu], the bill of
law is promulgated unchanged [en l'tat], on proposal of the Prime Minister by the
President of Faso, in the form of an ordinance.

• Balanced budget Article 120

The proposals and amendments concerning the law of finance deposited by the
members of the National Assembly are irreceivable when their adoption would have
as a consequence, either a diminution of public resources, or the creation or the
increase [aggravation] of a public expense [charge], unless they should be
accompanied by a proposal for augmentation of receipts or of equivalent economies.

Article 121
If the Government demands it, the National Assembly decides by a single vote on all
or part of a text in discussion retaining in it only the amendments proposed or
accepted by it.

• Legislative committees Article 122

When the National Assembly has referred [confie] the examination of a draft of a
text to a commission, the Government can, after the opening of the debates, oppose
the examination of any amendment which has not been preliminarily submitted to
this commission.

Article 123
The proposals of law and the amendments which are not of the domain of the law are
irreceivable.
The irreceivability is decided by the President of the National Assembly.
In case of dispute, the Constitutional Council, on referral [saisine] of the Prime
Minister or of the President of the National Assembly, decides with a time period of
eight days.

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TITLE VIII: OF THE JUDICIAL POWER

Article 124
The Judicial Power is confided in the judges; it is exercised on all the territory of
Burkina Faso by the jurisdictions of the judicial order and of the administrative order
determined by the law.

Article 125
The Judicial Power is the guardian of the individual and collective liberties.
It sees to the respect for the rights and freedoms defined in this Constitution.

• Structure of the courts Article 126

The jurisdictions of the judicial order and of the administrative order of Burkina Faso
are:
• the Court of Cassation;
• Establishment of administrative courts • the Council of State;
• the Court of Accounts;
• the Tribunal of Conflicts;
• the courts and the tribunals instituted by the law;
These jurisdictions apply the law in force.

Article 127
The Court of Cassation is the superior jurisdiction of the judicial order.
The Council of State is the superior jurisdiction of the administrative order.
The Court of Accounts is the superior jurisdiction of control of the public finances.
The Tribunal of Conflicts is the jurisdiction of regulation of the conflicts of
competence between the jurisdictions.
An organic law establishes the composition, the organization, the attributions, [and]
the functioning of these jurisdictions, as well as the procedure applicable before
them.

Article 128
The law establishes the seat, the jurisdiction, the competence and the composition of
courts and of the tribunals.

• Judicial independence Article 129

The judicial power is independent.

Article 130
The presiding magistrates [magistrates du siege] are only submitted[,] in the exercise
of their functions[,] to the authority of the law. They are not removable.

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The prosecuting magistrates [magistrates du parquet] are submitted to the law and
to the authority of the heads of prosecution [chefs de parquet]. They are appointed
and assigned within the same conditions as the presiding Magistrates.

• Establishment of judicial council Article 131

The President of Faso is the guarantor of the independence of the judicial power.
As such, he presides over[,] each year, in the course of the month of November, a
meeting [rencontre] with the members of the Superior Council of the Magistrature
to discuss the questions related to the re-enforcement of the independence of the
judicial power.
An extraordinary meeting may always be held as need be.

• Establishment of judicial council Article 132

The first President of the Court of Cassation is the president of the Superior Council
of the Magistrature.
The first President of the Council of State is [its] vice president.

• Establishment of judicial council Article 133

The Superior Council of the Magistrature gives its opinion on any question
concerning the independence of the magistrature and on the exercise of the right of
pardon.
An organic law establishes the organization, the composition, the attributions and
the functioning of the Superior Council of the Magistrature.

• Supreme court selection

• Establishment of judicial council
Article 134
• Ordinary court selection
The Superior Council of the Magistrature decides on the appointments and on the
assignments of the magistrates.

Article 135
An organic law establishes the status of the magistrature with respect for the
principles contained in this Constitution.
It provides for and organizes the guarantees and the independence of the
magistrature.

Article 136
• Right to public trial Hearings in all the courts and in all the tribunals are public. The closed hearing is only
allowed in the cases defined by the law.
The decisions of the jurisdictions are substantiated, except in the cases where the
law provides otherwise for it.

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TITLE IX: OF THE HIGH COURT OF JUSTICE

• Courts for judging public officials

Article 137
A High Court of Justice is instituted. The High Court of Justice is composed of
Deputies that the National Assembly elects after each general renewal, as well as the
magistrates designated by the President of the Court of Cassation. It elects its
President from among its members.
The law establishes its composition, the rules of its functioning and the procedure
applicable before it.

Article 138
• Head of state removal The High Court of Justice is competent to take cognizance of the acts committed by
the President of Faso in the exercise of his functions and constituting high treason, of
infringing the Constitution or of misappropriation of public funds.
• Cabinet removal The High Court of Justice is equally competent to judge the members of Government
• Head of government removal
for reason of acts qualified as crimes or misdemeanors committed in the exercise or
on the occasion of the exercise of their functions. In all other cases, they remain
justiciable by the jurisdictions of common law and of the other jurisdictions.

• Cabinet removal
• Head of government removal
Article 139
• Head of state removal
The impeachment of the President of Faso is voted by a majority of four-fifths of the
votes of the Deputies composing the Assembly. That of the members of the
Government is voted by a majority of two-thirds of the votes of the Deputies
composing the Assembly.

Article 140
The High Court of Justice is constrained by the definition of crimes and
misdemeanors and by the determination of the resultant punishments of the
criminal laws in force at the time when the acts were committed.

TITLE X: OF THE ECONOMIC AND SOCIAL

COUNCIL AND OF THE ORGANS OF
CONTROL

Article 141
A consultative organ denominated the Economic and Social Council (CES), is
instituted.
The Economic and Social Council is charged to give its opinion on the questions of
economic, social or cultural character brought to its attention by the President of
Faso or the Government.

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It may be consulted on any draft of [a] plan or of [a] program of economic, social or
cultural character.
The Economic and Social Council can equally proceed to an analysis of any problem
of economic and social development. It submits its conclusion to the President of
Faso or to the Government.
The Economic and Social Council may designate one of its members[,] on the demand
of the President of Faso or of the Government, to present before these organs, the
opinion of the Council on the questions which have been submitted to it.
An organic law establishes the composition, the organization and the functioning of
the Economic and Social Council.

Article 142
The organs of control are created by the law.
Their competence concerns question of economic, social and cultural character of
national interest.
The composition, the attributions and the functioning of these organs of control are
established by the law.

TITLE XI: OF THE TERRITORIAL

COLLECTIVITIES
• Municipal government

Article 143
Burkina Faso is organized in territorial collectivities.

Article 144
The creation, the elimination, and the division of territorial collectivities is the resort
of the law.

Article 145
The law organizes the democratic participation of the populations in the free
administration of the territorial collectivities.

TITLE XII: OF AFRICAN UNITY

• Regional group(s)

Article 146
Burkina Faso may conclude with any African State agreements of association or of
community implying a total or partial abandonment of sovereignty.

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• Referenda Article 147

The agreements consecrating the entry of Burkina Faso into a Confederation, a
Federation or a Union of African States are submitted to the approval of the People
by referendum.

TITLE XIII: OF TREATIES AND

INTERNATIONAL AGREEMENTS
• International law

• Treaty ratification
Article 148
The President of Faso negotiates, signs and ratifies the international treaties and
agreements.

• Treaty ratification
• Legal status of treaties
Article 149
Peace treaties, the treaties of commerce, the treaties which engage the finances of
the State, those which modify the provisions of legislative nature, [and] those that
concern the state of persons, can only be ratified or approved by virtue of law.
They can only take effect after having been ratified or approved.

• Legal status of treaties Article 150

If the Constitutional Council, referred to [the matter] conforming to Article 157, has
declared that an international commitment contains a provision contrary to the
Constitution, the authorization to ratify it or to approve it can only take place after
the revision of the Constitution.

• Legal status of treaties Article 151

The treaties and agreements regularly ratified or approved have, on their
publication, an authority superior to that of the laws, under reserve, for each
agreement or treaty, of its application by the other party.

TITLE XIV: OF THE CONSTITUTIONAL

COUNCIL
• Establishment of constitutional court

• Constitutional court powers

Article 152
• Constitutional interpretation
• International law The Constitutional Council is the institution competent in constitutional and
electoral matters. It is charged to decide on the constitutionality of the laws, of the
ordinances as well as the conformity of the international treaties and agreements
with the Constitution.
It interprets the provisions of the Constitution. It controls the regularity, the
transparency and the sincerity of the referendum, of the presidential elections,
legislative [elections] and is the judge of electoral disputes.

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It proclaims the definitive results of the referendum, [and] of the presidential and
legislative elections.
The control of the regularity and of the transparency of local elections corresponds
to the competence of the administrative tribunals. The proclamation of the definitive
results of these elections corresponds to the competence of the Council of State.

• Eligibility for const court judges

• Constitutional court selection
Article 153
In addition to its President, the Constitutional Council consists of:
• three magistrates of exceptional grade appointed by the President of Faso
on proposal of the Minister of Justice;
• three persons of distinction [personnalitts] appointed by the President of
Faso having at least one jurist;
• three persons of distinction appointed by the President of the National
Assembly having at least one jurist.
The President of the Constitutional Council is appointed by the President of Faso.
• Constitutional court term limits The members of the Constitutional Council are appointed for a sole [unique]
• Constitutional court term length
mandate of nine years.
• Constitutional court term limits However, they are renewable by thirds every three years within the conditions
• Constitutional court term length
established by the law except for the President of the Constitutional Council.
The functions of member of the Constitutional Council are incompatible with those
of a member of the Government or of the National Assembly.
The other incompatibilities are established by the law.

• Constitutional court powers Article 154

The Constitutional Council sees to the regularity of the presidential elections. It
examines the complaints and proclaims the results of the ballot.
The Constitutional Council decides, in case of dispute, on the regularity of the
election or of the appointment of the members of the National Assembly.
In electoral matters, the Constitutional Council can be referred to [a matter] by any
interested candidate.
It sees to the regularity of the operations of the referendum and proclaims the
results of it.
The Constitutional Council sees to respect for the procedure of revision of the
Constitution.

• International law
• Treaty ratification
Article 155
• Constitutionality of legislation
• Organic laws The organic laws and the regulations of the National Assembly, before their
promulgation or their entry into application[,] must be submitted to the
Constitutional Council.
To the same ends, the ordinary laws and the treaties submitted to the procedure of
ratification, may be deferred to the Constitutional Council, before their
promulgation.

• Regulation of political parties Article 156

The Constitutional Council is also charged with the control of respect[,] by the
political parties, for the provisions of Article 13 paragraph 5 of this Constitution.

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• Constitutionality of legislation Article 157

The Constitutional Council is referred to [a matter] by:
• the President of Faso;
• the Prime Minister;
• the President of the National Assembly;
• one-tenth at least of the members of the National Assembly.
In addition, any citizen may refer [a matter] to the Constitutional Council concerning
the constitutionality of the laws, either directly, or through the procedure of the
pleadings [exception] of unconstitutionality invoked in a matter [affaire] which
concerns them before a jurisdiction. This must postpone [the matter] until the
decision of the Constitutional Council which must intervene within a maximum
period of time of thirty days counting from its referral [to the matter].
The Constitutional Council can refer itself to any questions relative to its
competence[,] if it judges it necessary.

Article 158
The referral of the Constitutional Council to [a matter] suspends the time period of
the promulgation of the texts which are deferred to it.

Article 159
• Constitutionality of legislation A provision declared unconstitutional may not be promulgated or implemented.
The decisions of the Constitutional Council are not susceptible to any recourse. They
impose themselves on the public powers and on all the administrative and
jurisdictional authorities.

Article 160
An organic law establishes the organization and the functioning of the Constitutional
Council and determines the procedure applicable before it.

TITLE XIVbis: OF THE MEDIATOR OF FASO

• Ombudsman

Article 160.1
A gratuitous intercessory organ between the public administration and the citizens
denominated the Mediator of Faso[,] is instituted.
The President of Faso appoints the Mediator of Faso.

Article 160.2
An organic law establishes the attributions, the organization and the functioning of
the Mediator of Faso.

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TITLE XIVter: OF THE SUPERIOR COUNCIL

OF COMMUNICATION
• Media commission

Article 160.3
An independent administrative authority of regulation of communication to the
public denominated [the] Superior Council of Communication[,] abbreviated (CSC), is
instituted.

Article 160.4
An organic law establishes the attributions, the composition, the organization and
the functioning of the Superior Council of Communication.

TITLE XIVquater: OF THE SUPERIOR

AUTHORITY OF CONTROL OF THE STATE
AND OF COMBAT AGAINST CORRUPTION
• Counter corruption commission

Article 160.5
An organ of control denominated [the] Superior Authority of Control of the State
and of Combat against Corruption abbreviated "ASCE-LC", is instituted.
The Superior Authority of Control of the State and of Combat against Corruption is
the supreme organ of administrative control and of combat against corruption. It
constitutes the interface between the actors engaged in the combat against
corruption and the state authorities [autorités étatiques].
This organ of control has the status of independent administrative authority. It is
endowed with financial autonomy.

Article 160.6
An organic law establishes the attributions, the composition, the organization and
the functioning of the Superior Authority of Control of the State and of Combat
against Corruption.

TITLE XV: OF REVISION

• Constitution amendment procedure

Article 161
The initiative of the revision of the Constitution belongs concurrently:
• to the President of Faso;
• to the members of the National Assembly with the majority;

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• to the people when a function of at least thirty thousand persons having the
right to vote, introduces before the National Assembly a petition
constituting a written and signed proposal.

Article 162
The law establishes the conditions of the implementation of the procedure of
revision.

Article 163
The bill of revision is, in every case, submitted preliminarily to the evaluation
[appréciation] of the National Assembly.

• Referenda Article 164

The bill of the text is then submitted to referendum. It is considered to have been
adopted when it has obtained the majority of the suffrage expressed.
The President of Faso then proceeds with its promulgation in the conditions
established by Article 48 of this Constitution.
However, the bill of revision is adopted without recourse to referendum if it is
approved by a majority of three-quarters of the members of the National Assembly.

• Unamendable provisions Article 165

No bill or proposal of revision of the Constitution is receivable when it effects:
• the limitative clause of the number of presidential mandates;
• the duration of the presidential mandate;
• the republican nature and form of the State;
• the multiparty system;
• the integrity of the national territory.
• Emergency provisions No procedure of revision may be initiated or pursued in case of vacancy of the
power, during the duration of the state of siege or of the state of urgency or when it
infringes upon the integrity of the national territory.

TITLE XVI: FINAL PROVISIONS

Article 166
Treason against the Fatherland and infringement the Constitution constitute the
most grave crimes committed against the people.

• Right to overthrow government Article 167

The source of all legitimacy follows from this Constitution.
All power which does not derive its source from this Constitution, notably that
resulting from a coup d'état is illegal.
In this case, the right to civil disobedience is recognized to all citizens.

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Article 168
The Burkinabè people proscribe any idea of personal power. They proscribe equally
all oppression of a part of the people by another.

Article 169
The promulgation of the Constitution must intervene in the time periods specified in
Article 48 of this constitutional law.

• Transitional provisions CHARTER of the TRANSITION

• Reference to country's history Preamble

We, representatives of the political parties, of the organizations of civil society, of
the forces of defense and of security, of the religious and customary [coutumières]
authorities of Burkina Faso, signatories of this Charter,
Basing [fondant] ourselves on the Constitution of 2 June 1991,
Considering the popular character of the insurrection of 30 and 31 October 2014
that led to the resignation of President Blaise COMPAORE,
Considering the heavy tribute paid by the daughters and the sons of Burkina Faso,
Considering the fight [combat] for the resumption of power by the People,
Considering the contribution and the patriotic and republican behavior of the forces
of defense and of security which have assured the continuity of the power of State,
Considering the necessity for a political, democratic, civil, calm [apaisée] and
inclusive transition,
Considering the necessary support [accompagnement] of the International
Community to address [relever] the major challenges to which Burkina Faso will be
confronted all during the period of transition,
• Regional group(s) Considering our attachment to democratic values and principles as inscribed in the
African Charter of Democracy, of Elections and of Governance of 30 January 2007
of the African Union and in the Protocol A/SP1/12/01 of 21 December 2001 of the
Economic Community of the States of West Africa [Communauté Économique des
États de l'Afrique de l'Ouest (CEDE40)] on democracy and good governance,
Drawing [tirant] [a] lesson from our political experience and engaged to construct a
true State of democratic law [droit],
Conscious of the urgency of providing Burkina Faso with organs of transition to the
end of filling the institutional void in the conduct of the public affairs,
Approve and adopt this Charter of the Transition which completes the Constitution
of 2 June 1991 and of which this preamble is [an] integrant part.

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TITLE I: OF THE VALUES OF REFERENCE

Article 1
Other that the values affirmed by the Constitution in its preamble, this Charter
consecrates the following values to guide the transition, its organs and as a whole the
persons [of distinction] [personnalités] called to conduct it:
• pardon and of reconciliation;
• inclusion;
• sense of responsibility;
• tolerance and dialogue;
• discipline and public spirit [civisme];
• Reference to fraternity/solidarity • solidarity;
• Reference to fraternity/solidarity • fraternity;
• spirit of consensus and of discernment.

TITLE II: OF THE ORGANS OF THE

TRANSITION

Chapter I: Of the President of the Transition

Article 2
The President of the Transition occupies the functions of President of Faso and of
Head [Chef] of the State. He sees to respect for the Constitution and for the Charter
of the Transition.
His powers and prerogatives are those defined by this Charter and in Title III of the
Constitution of 2 June 1991 with the exception of those incompatible with the
conduct of the transition.
His mandate terminates at the end of the transition after the investiture of the
President issued from the presidential election.
The Constitutional Council decides in the case of litigation.

Article 3
All candidates to the functions of President of the Transition must fulfill the
following conditions:
• to be a civil person [of distinction];
• to be Burkinabè by birth;
• to be at least 35 years of age and at most 75 years of age;
• to be competent;
• to have integrity and of good morality;
• to be impartial;
• to be a person [of distinction] of public notoriety;

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• never to have been made the object of a judicial condemnation or of a

prosecution for crime;
• to be recognize for their engagement in the defense of the national
interests;
• to have knowledge of the functioning of the institutions and an experience
of their administration [gestion];
• not to have supported the bill of revision of Article 37 of the Constitution;
• not to be affiliated to any political party.
They may not be a member [personne] of the forces of defense and of security[,]
active, on call [en disponibilité] or in retirement.

• Unamendable provisions Article 4

The President of the Transition is not eligible for the presidential and legislative
elections that will be organized to put an end to the transition.
This provision is not susceptible to revision.

Article 5
The President of the Transition is chosen by a College of Designation [Collège de
désignation] from a list of persons [of distinction] proposed by the political parties,
the organizations of civil society and the forces of defense and security on the basis
[à raison de] of three (3) persons [of distinction] at most by component.

Article 6
The list of persons [of distinction] of each one of the parties mentioned in Article 5
above is deposited at the seat of the College of Designation in [a] sealed envelop
[sous pli fermé] in three original copies.

Article 7
The designation of the President of the transition is made on the basis [sur la base] of
the following criteria:
• the consensual character of the person [of distinction] at the national level;
• the capacity to conduct a nation and to manage [gérer] situations of crisis;
• the capacity to conduct the presidential and legislative elections with
neutrality and objectivity.

Article 8
The College of Designation, which takes into account young [persons] and women, is
composed as follows:
• five (05) members representing the political parties;
• five (05) members representing the organizations of the civil society;
• five (05) members representing the forces of defense and of security;
• eighth (08) members representing the religious and customary authorities.
Except for the representatives of the political parties, the other members of the
College of Designation must not be members of the directive organ [organe] of a
political party.

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Article 9
The procedure of designation includes two (2) phases: a phase of pre-selection and a
phase of selection.
The pre-selection is operated by the College of Designation in view of retaining
three persons [of distinction].
The selection is preceded by an interview with each one of the three pre-selected
persons [of distinction] on the motivations of their candidature.
The definitive selection is made by consensus within the College of Designation. The
retained candidate is invested President of the Transition, Head of the State, by the
Constitutional Council.

Article 10
• Oaths to abide by constitution In the course of the ceremony of investiture the President takes the following oath:
"I swear before the Burkinabè People and on my honor to preserve, to respect, to
have respected and to defend the Constitution, the Charter of the Transition and the
laws, to implement everything to guarantee justice to all the inhabitants of Burkina
Faso".
The President of the Constitutional Council receives the written declaration of the
assets of the President of the Transition. This declaration is published in the Journal
officiel [Official Gazette].
Within a maximum time period of one month following the end of the transition, he
receives a second written declaration. This one is published in the Journal officiel,
accompanied with the eventual justifications in the case of increase of the
patrimony.
The Constitutional Council, in relation with the Court of Accounts, sees to the
application of this [des présentes] and is invested of all the powers to establish the
patrimony of the persons [of distinction] concerned.
This provision applies equally to all the members of the organs of transition
instituted by this Charter, at the entering and at the end of their functions.

Article 11
When the President of the Transition is impeded in a temporarily manner from
completing his functions, his powers are temporarily exercised by the Prime
Minister.
In the case of vacancy of the Presidency of the Transition for whatever cause that
may be, or of absolute or definitive impediment declared by the Constitutional
Council referred to [the matter] by the Govermnent, the Prime Minister assures the
interim while awaiting the designation of a new President of the Transition in
accordance with the provisions of this Charter.

Chapter II: Of the National Council of the Transition

Article 12
The National Council of the Transition is the legislative organ of the transition.

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It is composed as follows:
• Thirty (30) representatives of the political parties affiliated to the Leader of
the Political Opposition [Chef de File de l'Opposition Politique (CFOP)];
• Twenty-five (25) representatives of the organizations of the civil society;
• Twenty-five (25) representatives of the forces of defense and of security;
• Ten (10) representatives of other parties.
Its composition takes into account young [persons] and women.
The National Council of the Transition exercises the prerogatives defined by this
Charter and in Title V of the Constitution of 2 June 1991[,] except for those
incompatible with the conduct of the transition.
The Constitutional Council decides in the case of litigation.

Article 13
The members of the National Council of the Transition must not be persons who
have openly supported the bill of revision of Article 37.
They must not have been [a] part of the last dissolved government of the IVth
Republic.
Its President is a civil person [of distinction] elected by his peers.
The President of the National Council of the Transition is not eligible to the
presidential or legislative election that will be organized to put an end to the
transition.

Chapter III: Of the Government of the Transition

Article 14
The government of the transition is directed by a Prime Minister appointed by the
President of the Transition.
It exercises the prerogatives defined by this Charter and in Title IV of the
Constitution of 2 June 1991[,] except for those incompatible with the conduct of the
transition.
The Constitutional Council decides in the case of litigation.
The government of transition is constituted of twenty-five (25) ministerial
departments.
Its composition takes into account young [persons], women and the trade-unions
[syndicats].

Article 15
The members of the government must fulfill the following conditions:
• to have civil majority;
• to be of Burkinabè nationality;
• to have the required competences;
• to be of good morality.
The members of the government of the transition must not be persons who have
openly supported the bill of revision of Article 37.

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They must not have been [a] part of the last dissolved government of the IVth
Republic.

Article 16
The members of the government of the transition are not eligible to the presidential
or legislative election that will be organized to put an end to the transition.

• Truth and reconciliation commission Article 17

A Commission of the National Reconciliation and of Reforms [Commission de la
réconcilliation nationale et des réformes] is created alongside [auprès de] the Prime
Minister, responsible for restoring and for reinforcing the social cohesion and
national unity.

• Truth and reconciliation commission Article 18

The Commission of the National Reconciliation and of Reforms is composed of
sub-commissions with notably:
• the sub-commission[:] truth, justice and national reconciliation;
• the sub-commission[:] constitutional, political and institutional reforms;
• the sub-commission[:] electoral reform;
• the sub-commission[:] public finance and respect for the public good;
• the sub-commission[:] administration of the media and of information.
An organic law establishes the attributions, the composition, the organization and
the functioning of the Commission of the National Reconciliation and of Reforms.

TITLE III: OF THE REVISION OF THE

CHARTER OF THE TRANSITION

Article 19
By derogation of the provisions provided for by Title XV of the Constitution, the
initiative for the revision of this Charter belongs concurrently to the President of the
Transition and to the third (1/3) of the members of the National Council of the
Transition.
The bill or the proposal of revision is adopted by a majority of 4/5ths of the members
of the National Council of the Transition.
The President of the Transition proceeds with the promulgation of the act of revision
in accordance with Article 48 of the Constitution of 2 June 1991.

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TITLE IV: OF TRANSITORY AND FINAL

PROVISIONS

Article 20
The duration of the transition shall not exceed twelve (12) months counting from the
date of the investiture of the President of the Transition.

Article 21
The institutions of the period of the transition function until the effective installation
of the new institutions.

Article 22
The participation of the Burkinabè abroad in the Presidential election which will be
organized to put an end to the transition will be made in accordance with the
provisions of the Constitution and of the Electoral Code.

Article 23
The expired [arrivé a échéance] mandate of the members of the Constitutional
Council is extended, the case arising, until the establishment of the institutions of the
transition.

Article 24
This Charter enters into force from its signature by the parties mentioned above in
the preamble.
Its promulgation intervenes from its signature.

Article 25
In the case of opposition [contrariété] between the Charter of the Transition and the
Constitution, the Constitutional Council decides.

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Topic index

Advisory bodies to the head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Balanced budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Budget bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 23

Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 15, 16, 24, 28

Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Claim of universal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10, 17
Compensation of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 21
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Constitutional court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 18, 30, 31
Constitutional court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Constitutional court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Constitutional court term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Constitutional interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Constitutionality of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 32
Counter corruption commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Courts for judging public officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 22

Dismissal of the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Duty to serve in the military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Economic plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Electoral districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 21
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Eligibility for const court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Eligibility for head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 21, 22, 34
Equality regardless of financial status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Equality regardless of language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Equality regardless of parentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Equality regardless of political party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

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Equality regardless of race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Equality regardless of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Equality regardless of skin color . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Establishment of administrative courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Establishment of constitutional court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Establishment of judicial council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 27
Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 22

First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Free education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Freedom of opinion/thought/conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Freedom of press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Head of government decree power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 22

Head of government powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 14, 15
Head of government removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 14, 16, 24, 28
Head of government replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 24
Head of government selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 14
Head of government's role in the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Head of state decree power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Head of state powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 28
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Head of state term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
International human rights treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

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International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 10, 14, 30, 31

International organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Legal status of treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23, 25
Legislative initiatives by citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Legislative oversight of the executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23, 24
Length of legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Limits on removing head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Media commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Motives for writing constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Municipal government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 29

Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 14

National anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
National flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
National motto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 38

Official or national languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Organic laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 31
Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Ownership of natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Power to declare/approve war . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Power to deport citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Powers of cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 15, 20, 22
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Presumption of innocence in trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Principle of no punishment without law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Prohibited political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

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Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Protection of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 9, 21
Protection of stateless persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Provisions for intellectual property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Public or private sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Reference to art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 9
Reference to country's history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Reference to fraternity/solidarity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Reference to science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 9, 21
Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 30, 34
Regional group(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 29, 35
Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Regulation of political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Replacement of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 21
Right of petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Right to culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 9
Right to establish a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Right to form political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Right to found a family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 8
Right to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Right to join trade unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to just remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Right to overthrow government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Right to rest and leisure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to shelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to transfer property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Right to water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

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Right to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Rights of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Scheduling of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10, 17
Selection of active-duty commanders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Separation of church and state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Size of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Standing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 19, 20
State support for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
State support for the disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
State support for the elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Term length for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 31
Truth and reconciliation commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Unamendable provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34, 37

Veto override procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

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