Burkina Faso

Published in 2024

Legal sources

Executive Summary

Burkina Faso ratified the United Nations Convention against Corruption, committing to incorporate protective legislation for whistleblowers into its national law. While the country has a legal framework that could apply to whistleblowers, efforts to make it effective are largely insufficient.

Indeed, the law on the prevention and repression of corruption serves as a relevant instrument in the fight against corruption and the promotion of good governance. The willingness to establish a draft law on the creation and protection of whistleblowers is also an encouraging development.

Unfortunately, the contexts of democratic and security transition since the successive military coup in January and September 2022 have negatively impacted certain public freedoms, such as freedom of the press, and are not conducive, in this first semester of 2023, to the introduction of a system for protecting whistleblowers.  

Laws and measures related to whistleblowers

• Protection under laws and mechanisms related to the fight against corruption

Burkina Faso ratified the United Nations Convention against Corruption on October 10, 2006, whose Articles 32 and 33 establish the need for effective protection against reprisals, intimidation, and threats to witnesses, victims, or experts, notably through the establishment of a comprehensive and effective internal legal framework to ensure this protection.

In 2015, the Burkinabe government adopted Law No. 004-2015/CNT on the prevention and repression of corruption. This law guarantees protection against reprisals for witnesses, experts, whistleblowers, and victims, which is detailed in Section 2, Article 76, and Article 77.

In this regard, Article 76 states that « no person may be excluded from a recruitment procedure or from access to an internship or period of training in a company, no employee may be penalised, dismissed or subjected to a direct or indirect discriminatory measure, in particular with regard to remuneration, training, reclassification, assignment, qualification, classification, professional promotion, transfer or renewal of contract for having reported or witnessed, either to his employer or to the judicial or administrative authorities, facts qualified as an offence within the meaning of this Law, qualification, classification, professional promotion, transfer or renewal of contract for having reported or testified, either to his employer or to the judicial or administrative authorities, to facts qualified as an offence within the meaning of this law of which they became aware in the exercise or on the occasion of the exercise of their duties. »

Article 77 protects against acts of reprisal that use physical or moral violence, revenge, intimidation, and threat without detailing the modalities for implementing this protection. Thus, any person who is guilty of such acts is punishable by imprisonment for six months to five years and a fine of five hundred thousand (500,000) to two million (2,000,000) CFA francs. Furthermore, any person who reveals the identity or address of a witness is punishable by the same penalties.

Article 78 of Law No. 004-2015/CNT, however, condemns any slanderous or abusive denunciation of corruption by stating: “Anyone who knowingly, and by any means whatsoever, makes a slanderous or abusive denunciation of offenses provided for by this law is punishable by imprisonment for six months to five years and a fine of five hundred thousand (500,000) to two million (2,000,000) CFA francs.”

Burkina Faso established, through Organic Law No. 082-2015/CNT of November 24, 2015, the  Supreme State Audit and Anti-Corruption Authority (ASCE-LC), which replaces the Supreme State Audit Authority. This administrative authority is considered independent, has financial autonomy, and is tasked with preventing and combating corruption and related offenses. The ASCE-LC is also responsible for overseeing public services and is empowered to receive complaints and reports on actions or practices contrary to current laws, including cases of corruption and misappropriation of public funds.

Burkina Faso is currently drafting a bill on the protection of whistleblowers and has requested support from the United Nations Office on Drugs and Crime (UNODC) to aid in the drafting process through the organization of a national workshop. PPLAAF was invited to participate in this workshop held in July 2023.

The objectives of this national workshop were to discuss the concept of whistleblower protection and the international standards applicable to the definition of “whistleblowers,” analyze the ongoing draft bill, define the scope of the future law, and engage in discussions and exchanges regarding the practical implementation of reporting and protection measures.

⮚ Protection under other legal instruments

The Burkinabe Constitution enshrines freedoms of opinion, press, and the right to information by affirming that “every person has the right to express and disseminate their opinions within the framework of laws and regulations in force” (Article 8). Article 138 specifies that the High Court of Justice has jurisdiction over acts of embezzlement of public funds committed by the President of Burkina Faso in the exercise of his functions as well as by members of the government, but does not mention the sanctions provided in case of commission of these acts.

The Penal Code contains provisions that may apply to whistleblowers. Indeed, it dedicates a section to denunciations (Articles 335-6 and 335-7) and another to the protection of witnesses, experts, and victims (Articles 335-6 to 335-9). Regarding denunciations, Article 335-6 of the Penal Code provides for imprisonment and a fine for “any person, who, by virtue of their function or profession, permanent or temporary, has knowledge of one or more offenses provided for in chapters 1 to 4 of Title III of Book III of this code, and does not inform the competent public authorities in a timely manner.” However, Article 335-7 penalizes any slanderous or abusive denunciation by any means. Finally, Article 335-9 establishes the protection of whistleblowers, witnesses, experts, and victims against any form of reprisals and retaliation.

Law No. 28-2008/AN of May 13, 2008, establishing the Labor Code, does not provide any provisions for whistleblowers. However, Article 71 stipulates that dismissal is abusive “(…) 5. when motivated by the filing of a complaint by the worker or any recourse against the employer and/or administrative authorities.”

Law No. 004-2015/CNT on the prevention and repression of corruption, in its Article 76, also establishes protection for employees and trainees against sanctions, dismissal, discriminatory measures of any kind for having reported or testified to their employer or judicial or administrative authorities about offenses provided for by law, of which they would have become aware in the exercise of their functions.

⮚ Protection under laws and mechanisms to combat money laundering and terrorism financing

Law No. 016-2016/AN on the fight against money laundering and terrorism financing in Burkina Faso provides certain protection against civil and criminal proceedings for breach of professional secrecy to individuals or executives who make good faith suspicious activity reports. Indeed, Article 83 of the law states: “Persons or executives (…) who, in good faith, have transmitted information or made any declaration, in accordance with the provisions of this law, are exempt from any sanctions for breach of professional secrecy (…).” Article 95 of the law establishes protection for witnesses and anonymous testimony: “The investigating judge may, ex officio or at the request of a witness or a private party aggrieved, decide that: 1. certain identity data will not be mentioned in the minutes of the hearing, if there is a reasonable presumption that the witness could suffer serious harm following the disclosure of certain information; 2. the identity of a witness will remain confidential if the competent authority concludes that the witness, a member of their family, or one of their associates could reasonably be endangered by the testimony (…).”

Knowledge, Support, and Action Centres

The National Network for Anti-Corruption (REN-LAC) is a non-governmental organization created by about twenty civil society organizations. Its mission is to ensure good morality and transparency in the management of public affairs in Burkina Faso.

It organizes awareness-raising campaigns on corruption, monitors the application of existing legislation in this regard, receives and investigates complaints from citizens who are victims of acts of corruption, and ensures the adoption by the State of any measures aimed at combating this phenomenon.

Each year, the NGO presents a report on the state of corruption in the country. Since 2003, it also organizes a national campaign called the “National Day for the Rejection of Corruption (JNRC)”. The aim of this day is to raise public awareness of the scourge of corruption.

The main mission of the Burkinabe Network of Young Leaders for Integrity (RBJLI) is to promote integrity among young people and to fight against corruption. The RBJLI works mainly to raise awareness and denounce corruption. 

Balai Citoyen is a civil society movement whose objectives are to “ensure the responsible and conscious involvement of the people in the management of public affairs, the accountability of those in power to the people and the principle of democratic alternation”. The movement’s preferred means of action are mobilisations. 

Finally, the Semfilms Burkina association aims to promote human rights and freedom of expression through film screenings. It organise an annual film festival, the Festival Ciné Droit Libre.

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