The legal system of Burkina Faso
A French-tradition civil-law system operating under transitional arrangements after the two coups of 2022. The 1991 constitution remains formally in force as modified by transitional charters. OHADA commercial law and the 1989 Code des personnes et de la famille continue to apply.
Legal tradition
Burkina Faso belongs to the civil law (french tradition) tradition. A French-tradition civil-law system operating under transitional arrangements after the two coups of 2022. The 1991 constitution remains formally in force as modified by transitional charters. OHADA commercial law and the 1989 Code des personnes et de la famille continue to apply.
How power is divided
Formally semi-presidential under the 1991 text; currently a transitional President and government with an appointed legislative assembly.
Where law comes from
- Constitution of 1991
- In force as modified by the Transitional Charter.
- Transitional Charter
- Governs the current institutional arrangement.
- OHADA Uniform Acts
- Directly applicable commercial law.
- Codes
- Civil, penal, family (1989), labour and mining codes.
- Customary law
- Recognised in land and personal matters within statutory limits.
The legal profession
Avocats admitted through the Barreau du Burkina Faso; notaires and huissiers are separate regulated professions.
Law by topic in Burkina Faso
- Business & CorporateOHADA Uniform Acts as directly applicable commercial law, with the CCJA as final appealCommercial law is not primarily national. The OHADA Uniform Acts apply directly and take precedence over conflicting domestic provisions, and the Cour commune de justice et d'arbitrage (CCJA) in Abidjan â not the national supreme court â is the final instance on their interpretation. The Maison de l'Entreprise du Burkina Faso runs the Centre de FormalitĂ©s des Entreprises single window, and the mining code is the dominant sectoral overlay.
- Criminal LawCode pénal 2018 with terrorism offences and de facto abolition of the death penaltyLoi n° 025-2018 recodified criminal law and removed the death penalty from the ordinary Code. Anti-terrorism provisions have expanded substantially in response to the insurgency in the Sahel, including specialised investigation units and extended detention.
- Immigration & NationalityECOWAS free movement, with a carte de séjour for non-community nationalsECOWAS citizens enter visa-free for 90 days. Others require a visa and a carte de séjour beyond three months. Security conditions have added movement restrictions and internal checkpoints not reflected in the immigration statutes themselves.
- Constitutional Law1991 Constitution suspended in substance by the 2022 Charte de la TransitionThe 1991 Constitution remains formally in force but is subordinated to the Charte de la Transition adopted after the January and September 2022 coups. The Charte vests power in a transitional president and a Assemblée législative de transition. The constitutional order is contested and changing, so this entry records the position rather than settled doctrine.
- Employment & LabourCode du travail 2008 with a 40-hour week and works-council thresholdsLoi n° 028-2008 sets a 40-hour week, requires a délégué du personnel above 10 employees, and requires labour inspectorate authorisation for economic dismissals. CDDs are limited to two years including renewals.
- Tax LawCode général des impÎts 2017 with 18% VAT and mining-sector regimesVAT is 18% under the WAEMU harmonised regime and corporate tax is 27.5%. Mining conventions provide distinct fiscal terms, and a specific tax on gold production is a major revenue line.
- Property & LandRéorganisation agraire et fonciÚre with state ownership and rural land lawLand is in principle part of the domaine foncier national held by the state. Loi n° 034-2009 created a rural land certificate (attestation de possession fonciÚre rurale) recognising customary possession, administered through communal land services.
- Civil ProcedureCode de procédure civile with OHADA enforcement and CCJA appealCivil procedure follows the French model with written pleadings and appeal to the Cour d'appel. Enforcement and simplified debt recovery are governed by the OHADA Uniform Act, and final appeal on Uniform Act points lies to the CCJA.
- Family LawCode des personnes et de la famille 1989 permitting optional monogamy electionThe 1989 Code (Zatu n° AN VII-0013) sets marriage age at 20 for men and 17 for women, recognises only civil marriage, and requires spouses to elect monogamy or polygamy at the ceremony â an election that binds thereafter. Religious and customary marriages have no civil effect unless registered.
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