Legislation: Articles 154 to 159 of the Penal Code (in French) criminalise corruption, embezzlement, abuse of office and influence-peddling in the public sector. Burkina Faso is a member of the West African Economic and Monetary Union (WAEMU) as well as the Inter-Governmental Action Group Against Money Laundering in West Africa (GIABA), and has criminalised money laundering in accordance with these memberships by passing Law No. 26 Concerning the Fight Against Money Laundering in 2006. Sanctions for corruption range from fines and/or imprisonment to the removal of civic rights. Active and passive bribery offenders can be fined twice the value of bribes promised, received or demanded, but no less than XOF 600,000. Moreover, Burkina Faso has both signed and ratified the African Union Convention on Preventing and Combating Corruption as well as the United Nations Convention against Corruption (UNCAC). Although public servants are required to make asset declarations, the requirement is reportedly inadequately enforced and the process of asset declaration is non-transparent. Private sector corruption is poorly covered by current anti-corruption legislation, and according to the US Department of State 2011, the government has taken steps to fully adopt regional and international anti-corruption framework, however, the power of anti-corruption institutions to enforce legislation remains weak. Access the Lexadin World Law Guide for a collection of legislation in Burkina Faso.

Government Strategies: The government adopted a National Anti-Corruption Policy in 2004. It aims at strengthening regulatory and legal measures, making existing monitoring systems and law enforcement more effective, improving the efficiency and transparency of public services, strengthening international cooperation and improving civic participation in the fight against corruption. The government has also taken sector specific anti-corruption action which, according to the US Department of State 2011, includes the establishment of a new 11-member Gold Anti-Fraud Squad (BNAF) in January 2008, and backed by legislation to allow the BNAF to regulate gold marketing and curb fraud cases. According to Freedom House 2011, efforts to promote transparency are embodied in the government's candidacy to become a member of the Extractive Industry Transparency Initiatives (EITI). With the application for candidacy underway in 2008, civil society actors were granted a structured mechanism for accessing powerful interlocutors in government and in mining compaines (see also the EITI section below).

Anti-Corruption Agency: The High Commission for the Coordination of Anti-Corruption Activities (HACLC) was established by President Compaoré in late 2001. It was mandated to enforce the Anti-Corruption Policy, as well as to coordinate the fight against corruption and to assist the government in the prevention, detection and fight against fraud and corruption within government. According to the US Department of State 2011, the HACLC was replaced by the Superior Authority of State Control (ASCE) in November 2007. The ASCE is an anti-corruption structure under the Prime Minister's Office which merges the HACLC, the General State Inspectorate (GSI) and the National Commission for the Fight Against Fraud. Reportedly, this latest initiative is more independent than the HACLC, and has a larger mandate to investigate corruption cases. In addition to releasing annual reports from auditing entities, the ASCE is mandated to prosecute ethics breeches committed by civil servants. Despite this mandate, the ASCE undertook no concrete action during 2009, as emphasised by the US Department of State 2010. Access to ASCE's latest annual report can be found here (in French).

National Ethics Committee (NEC): The NEC was established by President Compaoré in 2001 with the main task to 'moralise' public life. According to African Peer Review Mechanism Burkina Faso 2008, the NEC prepared a draft on ethics that is applicable to various areas such as general administration and financial administration. Furthermore, the NEC highlighted in its 2007 report, that corruption, impunity and politicisation were important trends in the current government system. It also emphasised that a strengthened and credible democracy is needed to ensure sustainable development, which in return, relies on the ability of stakeholders, and it also calls for a more equitable and fair share of growth in the society. It is still unclear whether the government intends to address the NEC's recommendations directly through a more comprehensive anti-corruption strategy and action plan.  

Office of the Ombudsman (in French): The Office of the Ombudsman was established by law in 1994 and handles written complaints against the public administration from the public. The Ombudsman is appointed by the President for a non-renewable five-year term and cannot be removed during this term. According to the US Department of State 2009, the Ombudsman has limited resources and no report of the Ombudsman's work was published during 2009.

The Auditor General: The Public Accounts Court (PAC, in French) was established in 2002 with the mandate to monitor the execution of budgetary legislation and the management of the state's funding of political parties. The PAC's reports have, amongst other things, identified accounting errors and the non-reimbursement of loans made to government officials and parliamentarians. Critics such as Freedom House 2007 point to the fact that the reports are not made public, that the PAC has very few enforcement powers, and that the government has final say over their membership, which ultimately limits the institution's independence. It is noteworthy, though, that the PAC's investigations have led to the discovery of different types of financial irregularities in the public administration.

E-Governance: The government has invested in e-governance and a number of ministries and government agencies can be accessed online (in French). However, the number of resources and documents available on the websites remains limited. Moreover, the government, in an attempt to reduce bureaucracy and related opportunities for bribery and use of facilitation payments, has established Enterprise Registration Centres under Home of the Firm of Burkina Faso, designed as one-stop shops for business registration. These newly developed centres have simplified registration formalities and eliminated obstacles related to opening a business. In addition, Burkina Faso has introduced a new one-stop shop for construction permits. This initiative reduces approval fees and combines five separate payments into one.

Public Procurement: Procurement by central authorities, state companies and local and regional authorities is regulated by a decree of 7 March 1996. According to the World Trade Organisation Trade Policy Review 2010, the new procurement rules came into effect in July 2008, aiming to increase transparency and efficiency in the public procurement system. Under the new rules, any procurement contract below XOF 1 million only requires a purchase order. For a procurement contract that equals XOF 1 million or above, but below XOF 20 million, a publication in the Government Procedure Review and a letter of purchase is needed. Any procurement contract worth XOF 20 million or above is mandated to have an open invitation. The Directorate General of Government Procurement (DGMP, in French) within the Ministry of Finance (in French) has exclusive power over the awarding and performance of public contracts, and the monitoring of compliance with the relevant legislation. The DGMP also maintains an online database where companies can search for public procurements for relevant tenders. According to the US Department of State 2011, the Autorité de Regulation des Marches Publics (ARMP, Government Tenders Regulation Authority) was set up in April 2008 and aims at establishing and enforcing bidding criteria, as well as ensuring free access to government contracts, equality in the bidding process and overall transparency. The ARMP has the authority to impose sanctions, initiate lawsuits and publish the names of fraudulent or offending companies. Bids are published in local papers, international magazines, e-mailed to interested foreign and local investors and published on the Internet on websites such as www.tradepoint.bf and www.dgmarket.com.

Whistle-Blowing: According to Transparency International Global Corruption Report 2006, in December 2004, the government issued a decree on the conduct of the national police force, setting the standards for behaviour and disciplinary sanctions for breaches of trust. This initiative sought to inform citizens about the right to file complaints about illegal acts committed by the police, including corruption. However, African Peer Review Mechanism Burkina Faso 2008 reports that the country is lacking whistleblower legislation, which poses a hindrance to the fight against corruption. 

General Comments on the Public Anti-Corruption Initiatives: The Government of Burkina Faso has stated that it wishes to facilitate anti-corruption efforts, and several institutions have been set up and international conventions ratified in recent years. However, the lack of access to information and an absence of whistleblower laws are indeed severe impediments to fighting corruption in Burkina Faso. The reports of the anti-corruption institutions are normally inaccessible to both civil society and media and are only disclosed after much delay. The reluctance to disclose reports about official corruption casts doubt on the government's will to fight corruption. It should be noted, however, that the new Superior Authority of State Control seeks to publish annual reports, thereby promoting governmental transparency and accountability.