Burkina Faso belongs to the category of the world's poorest and least developed countries, and is largely dependent on foreign donors for its economic development. The country's economy has a large informal sector. According to the World Bank & IFC Doing Business 2012, Burkina Faso has implemented some reforms in 2011 making it easier to do business in the country. Areas of improvement include starting a business, dealing with construction permits has been made less costly and access to credit has improved through the OHADA Uniform Act on Secured Transactions. The government, which has traditionally been the largest economic actor, has for many years now been actively promoting foreign investment and privatisation of state-owned companies. Many state-owned companies have been privatised, but progress has reportedly been uneven and has slowed because of administrative delays. The UN Investment Policy Review 2009 reports that foreign direct investment flows in the mining sector in Burkina Faso have recently increased sharply, illustrating the potential for investment in the mining sector in the country. Nonetheless, foreign investment outside the two sectors of mining and telecommunications reportedly remains very limited.

According to REN-LAC 2006 (in French), 72% of the population perceives the private sector to be implicated in corruption. Burkina Faso's investment climate remains constrained by the overall level of corruption, which poses many challenges. According to the World Economic Forum Global Competitiveness Report 2011-2012, corruption is the second most problematic factor for companies operating in Burkina Faso, following access to financing. Business leaders surveyed in the report indicate that the diversion of public funds to companies, individuals or groups due to corruption is quite common. In a similar vein, the Heritage Foundation 2010 characterises corruption in Burkina Faso as pervasive. The World Bank & IFC Enterprise Surveys 2009 report that nearly 71% of companies identify corruption as a major constraint, and close to 9% of companies expecting to make informal payments in order to 'get things done'. According to Freedom House 2010, preferential treatment of companies connected to the ruling party is common in Burkina Faso, and this has largely weakened the equality of opportunity among companies in securing contracts.

The prospects for fighting corruption and bribery in public procurement processes and contracting are further complicated by collusion between political parties and the country's large state-owned and private companies. However, REN-LAC 2006 showed a marked improvement regarding corruption in public procurement. Corruption in the form of facilitation payments, bribery and preferential treatment in procurement deals is common in the private sector and companies are recommended to use a specialised public procurement due diligence tool in order to mitigate the corruption risks associated with public procurement. Furthermore, it is also important for companies to develop, implement and strengthen integrity systems and conduct extensive due diligence when planning to do or are already doing business in Burkina Faso.

In an attempt to attract investment in the private sector, Burkina Faso adopted pro-business reforms in 2006. The Investment Code guarantees equal treatment of foreign and domestic investors. Nevertheless, the bureaucracy in Burkina Faso remains cumbersome. This is reflected in data from the World Bank & IFC Enterprise Surveys 2009 which shows that senior managers spend 22.5% of their time on average dealing with government regulatory requirements compared to the regional average of 8.6%. Establishing a business in Burkina Faso can be difficult due to continuing corruption within the public administration. Business leaders surveyed in the World Economic Forum Global Competitiveness Report 2011-20121 give the burden of government regulation a score of 3.5 on a 7-point scale (1 being 'burdensome' and 7 being 'not burdensome').

According to the World Bank & IFC Doing Business 2012, starting a business has nonetheless been made easier in recent years, and now requires 3 procedures and takes 13 days at a cost of 47.7% of GNI per capita, all well below regional averages. In the same vein, Freedom House 2011 reports that efforts have been made to streamline the process of establishing a business. For instance, business registration centres provide one-stop service for registration. Furthermore, registration centres continue to improve their performance and measurement of the cost, formalities, and time to establish a new business has been declining. The government, in an attempt to reduce the burden of excessive bureaucracy and related opportunities for bribery and the use of facilitation payments, has set up Enterprise Registration Centres under the Maison de l'Entreprise du Burkina Faso, designed as one-stop shops for business registration. These newly developed centres have simplified registration formalities and eliminated obstacles relating to opening a business. According to the International Finance Corporation 2009, Burkina Faso's efforts to improve its business environment have been successful. The US Department of State 2011 assesses Burkina Faso's regulatory environment as transparent and consistent with international standards. The same source also notes that the government has made strides to incorporate the informal sector; informal sector companies and other small companies with an annual turnover of XOF 15 million or less pay a unique tax called the 'contribution du secteur informel' or CSI. The maximum CSI tax is XOF 100,000. Companies qualifying for CSI tax status are prohibited from bidding on state tenders.

The legal framework in Burkina Faso provides for the protection of property rights and facilitates their acquisition and disposition. However, these rights are enforced arbitrarily. In analysing the weaknesses of the country's legal framework, the Bertelsmann Foundation 2010 points to the weaknesses in the judicial system, involving outdated legislation, lack of courts, inadequate human and financial resources and the fact that traditional courts are often used in rural settings to resolve disputes. According to the UN Investment Policy Review 2009, Burkina Faso needs to reform its legal framework for investment, in order to promote the development of a more dynamic and flourishing private sector. With regards to commercial disputes that cannot be solved effectively, the Burkinabé Investment Code requires commercial disputes to be submitted to international arbitration. Burkina Faso is the member of the Organization for the Harmonization of Business Law (OHADA, in French) in Africa. Furthermore, Burkina Faso is party to the New York Convention of 1958 and Burkinabé courts accept international arbitration as a means for settling investment disputes between private parties. However, according to the US Department of State 2011, companies should note that the enforcement of contracts due to fees is burdensome, and that the number of required procedures and the amount of time needed to resolve disputes are very high. Burkina Faso is also a member of the International Centre for the Settlement of Investment Disputes (ICSID). According to the US Commercial Service 2009, longstanding disputes that remain unresolved after administrative jurisdictional hearings are required to be submitted to arbitration. In 2007, Burkina Faso opened the Arbitration and Commercial Dispute Resolution Centre (Centre d'Arbitrage et de Reglement des Litiges Commerciaux) under the auspices of the Chamber of Commerce and Industry. Access the Lexadin World Law Guide for a collection of laws in Burkina Faso.

Individual Corruption

According to Freedom House 2011, the citizens of Burkina Faso have ambivalent attitudes towards the judicial system. A majority considers that justice is unequal and that treatment rests on the social position of the prosecuted. Judges are also considered as corrupt, however, the report also notes that confidence in the judiciary is present. Moreover, cases are often delayed before they are brought to court and the implementation of judicial decisions is uncertain and can be ignored with impunity. In addition, the report notes that judicial proceedings are very expensive and victims of corruption often prefer not to seek redress.

According to the US Department of State 2010, NGOs report that the judiciary in Burkina Faso is corrupt, inefficient and subject to executive interference. Constitutionally, the head of the state is also the president of the Superior Council of the Magistrates, but the president has used his extensive appointment powers to influence the judiciary. In addition, the report identifies the main weaknesses of the judiciary to be the frequent removal of judges, corrupt magistrates, outdated legal codes, an insufficient number of courts and high legal costs. According to the same report, despite there being an independent judiciary for civil matters, citizens sometimes seek to settle disputes through the Ombudsman. However, court orders are not efficiently enforced when cases involve national security, influential persons or government officials. Furthermore, the Heritage Foundation 2010 also describes the judiciary in Burkina Faso as weak, and villagers often use customary or traditional courts.

Business Corruption

According to the World Economic Forum Global Competitiveness Report 2011-2012, companies identify a lack of judicial independence in Burkina Faso as constituting a competitive disadvantage. In 2006, Burkina Faso introduced specialised commercial chambers in the general courts and lowered enforcement costs by cutting the related registration tax from 4% to 2% of the judgement amount. Nonetheless, the US Department of State 2011 assesses the fees, the number of required procedures and the amount of time needed to resolve disputes as critically high.

Political Corruption

A series of corruption scandals in 2004-2005 raised expectations that senior officials would be prosecuted. However, according to Transparency International 2006, the court only handed down a very limited number of verdicts and dismissed or replaced some officials involved in the scandals. The steepest penalties were imposed on two mayors from the ruling party which, according to Transparency International 2006, could be interpreted as a settling of scores within the party, given that other mayors under suspicion were not charged with corruption.

According to the Bertelsmann Foundation 2010, despite the institutional separation of powers between the executive, legislative and judicial branches is guaranteed by the constitution, the judiciary is only formally independent, and is dominated and politicised by the executive branch in practice. In general, the judiciary suffers from political interference, and the inefficient judicial system fuels rampant corruption. The Bertelsmann Foundation 2010 further reports that efficient court proceedings only happen when critics of the government are put on trials. On the other hand, the judiciary often turns a blind eye when powerful individuals are concerned. Nonetheless, the US Department of State 2010 reports that government interference in the judicial system in Burkina Faso occurs less frequently than in most countries in Africa, and judgements from foreign courts are accepted and enforced by local courts.

Frequency

The World Bank & IFC: Doing Business 2012:
- Enforcing a commercial contract requires a company to go through 37 procedures that take 446 days to complete and cost 81.7% of the claim.

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business leaders give the independence of the judiciary from influences of members of government, citizens or companies a score of 2.6 on a 7-point scale (1 being as 'heavily influenced' and 7 as 'entirely independent').

- Business leaders give the efficiency of the legal system for private companies to settle disputes and challenge the legality of government actions and/or regulations a score of 3.7 and 3.2 respectively on a 7-point scale (1 being 'inefficient and subject to manipulation' and 7 'efficient and follows a clear, neutral process').

The World Bank & IFC: Enterprise Surveys 2009:
- Nearly 39% of companies surveyed believe that the court system is fair, impartial and uncorrupted.

Afrobarometer: Summary of Results Burkin Faso 2008:
- 37%, 13% and 10% of respondents in this household survey considered some, most or all of the judges and magistrates to be corrupt, respectively.

REC-LAC: Rapport 2006 (in French):
- Citizens identify the judiciary as the fourth most corrupt institution.

Individual Corruption

According to the US Department of State 2010, the lower levels of the police force and gendarmerie are particularly corrupt. The report also notes that investigations of corrupt practices and the abuse of the police are carried out by the gendarmie, but results of these investigations are not always made public. The police and the gendarmerie are singled out by many observers, including REN-LAC 2006 (in French), as one of the most corrupt institutions in Burkina Faso. Similarly, the US Department of State 2011 reports that civil servants who most commonly engage in corrupt practices are the law enforcement officials. 

Business Corruption

While companies in the World Economic Forum Global Competitiveness Report 2011-2012 generally identify organised crime and the business costs of crime and violence in Burkina Faso as competitive advantages in the country, but the reliability of police services and protection is rated much lower.

Political Corruption

In December 2004, the government issued a decree on the conduct of the national police force, setting the standards for behaviour and disciplinary sanctions for breaches of trust, as outlined in Transparency International Global Corruption Report 2006. The decree aimed at increasing citizens' knowledge of police officers duties and informing them about the right to file complaints about illegal acts committed by the police, including corruption. Nevertheless, corruption within the police force is widespread and impunity is a serious problem. According to the US Department of State 2010, a 2007 report by the National Network to Fight against Corruption (REN-LAC) (see 'Private Anti-Corruption Initiatives' in the Initiatives section) identified the police and gendarmerie as among the most corrupt institutions in Burkina Faso. 

Frequency

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business leaders give the police in Burkina Faso a score of 3.6 on a 7-point scale (1 being 'cannot be relied upon to enforce law and order' and 7 'can be relied upon to enforce law and order').

The World Bank & IFC: Enterprise Surveys 2009:
- 70.3% of companies surveyed pay for security in Burkina Faso.

- 42.2% of the companies surveyed identify crime, theft and disorder as major constraints to doing business.

Afrobarometer: Summary of Results Burkina Faso 2008:
- 37%, 17% and 13% of the respondents in this household survey considered some, most or all of the police officers to be corrupt, respectively.

- 2% of the respondents in this household survey report to have often paid a bribe to government officials in order to avoid a problem with the police in 2007.

REN-LAC: Rapport 2006 (in French):
- Citizens identify the police and gendarmerie together as the most corrupt institution in the country.

Individual Corruption

The US Department of State 2011 identifies healthcare workers in Burkina Faso among the most corrupt public officials. Similarly, according to REN-LAC 2006 (in French), citizens identify the health services as being highly corrupt. In 2009, REN-LAC conducted a sting operation to catch corrupt city workers in the capital city of Ouagadougou who were demanding bribes to expedite birth certificates and residency documents. The mayor's office's own investigation confirmed the report turned in by the REN-LAC, and one person was arrested according to Freedom House 2011.

Business Corruption

Companies should note that sometimes they are expected to give gifts in order to obtain licences, permits and services, as reported by the World Bank & IFC Enterprise Surveys 2009. However, as the World Bank & IFC Doing Business 2011 indicates, Burkina Faso has introduced a new one-stop shop in Ouagadougou for construction permits, which reduces approval fees and combines five separate payments into a single one. In addition, random inspections during construction have been eliminated which may reduce the chance of being solicited for bribes. Moreover, Doing Business 2012 informs that dealing with licences and permits to build a warehouse has become less costly and less time consuming over the course of 2011.

Political Corruption

According to a 2007 news article by Lefaso, widespread corruption has adverse effects on the quality of the country's infrastructure and on social and educational services, which are financed by the state budget. Indeed, many schools have begun to fall apart barely one year after being constructed. Furthermore, a number of infrastructure projects and roads exist only on paper.

Frequency

The World Bank & IFC: Doing Business 2012:
- Dealing with a construction permit in Burkina Faso requires a company to go through 12 procedures, taking 98 days at a cost of 345% of the income per capita.

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business leaders give government administrative requirements (permits, regulations, reporting) a score of 3.3 on a 7-point scale (1 being 'burdensome' and 7 being 'not burdensome').

The World Bank & IFC: Enterprise Surveys 2009:
- 16.1% of the companies surveyed expect to give gifts to get an electrical connection.

- 14.7% of the companies surveyed expect to give gifts to get a construction permit.

- 4% of the companies surveyed expect to give gifts in order to get an operating licence.

- Nearly 6% of the companies surveyed expect to give gifts to get a phone and water connection respectively.

Afrobarometer: Summary of Results Burkina Faso 2008:
- 2% of the respondents in this household survey report to have often paid a bribe for water and sanitation services in 2007.

Business Corruption

According to CAPRI Land Rights for African Development 2006, land conflicts are omnipresent at the local level, and powerful individuals such as the urban elite and agro-businessmen are capitalising on people’s poverty and lack of information, by buying communal rural lands at below–market prices. 

Companies should note that despite property rights and acquisition of property being adequately defined under the law, weaknesses in the judicial system complicate or prevent their implementation, as reported in the Bertelsmann Foundation 2010. Nevertheless, the same source also reports that the government has implemented some reforms in order to make registering and transferring properties easier and less costly.

Frequency

The World Bank & IFC: Doing Business 2012:
- It takes an average of 4 procedures and 59 days at a cost of 12.8% of the property value to register property and secure property rights.

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business leaders give property rights a score of 4.3 on a 7-point scale (1 being 'poorly defined and not protected by law' and 7 'clearly defined and well-protected by law').

Business Corruption

According to the World Bank & IFC Enterprise Surveys 2009, more than half of the surveyed companies identified tax administration as a major constraint for doing business. With regard to bribery, only a small number of the surveyed companies state that they are expected to give gifts when meeting with tax inspectors.  

The US Department of State 2011 identifies tax collectors as some of most corrupt civil servants in the country, and therefore companies should be aware of potential irregularities and requests for unofficial payments when dealing with tax collectors.

Frequency

The World Bank & IFC: Doing Business 2012:
- A medium-size company operating in Burkina Faso must make 46 payments to tax authorities every year, taking 270 hours on average at a total tax rate of 43.6% of profits.

The World Bank & IFC: Enterprise Surveys 2009:
- 59% of companies identify tax administration as a major constraint for doing business.

- 6.7% of companies in Burkina Faso state that they are expected to give gifts when meeting with tax inspectors.

Afrobarometer: Summary of Results Burkina Faso 2008:
- 29%, 19% and 21% of the respondents in this household survey considered some, most or all of the tax officers to be corrupt.

REN-LAC: Rapport 2006 (in French):
- Citizens identify the tax administration as the third most corrupt sector in Burkina Faso.

Business Corruption

Freedom House 2011 reports that the civil services in Burkina Faso have a mixed reputation, with some sectors being more corrupt than others. However, the customs administration, the report notes, is particularly corrupt. According to African Peer Review Mechanism Burkina Faso 2008, despite of the government’s efforts to increase customs and tax incomes, some importers have managed to multiply and subdivide import operations in order to declare less than XOF 3 million worth of import value, and thereby avoid customs duties. The same report also states that several companies have complained about unfair competition coming from other importers who mange to evade customs duties.

According to the World Bank & IFC Doing Business 2012, the number of procedures and the costs involved when companies export and import goods are significantly higher than the regional average. A high number of procedures tend to be conducive to facilitation payments. Indeed, the US Department of State 2011 identifies customs officials as some of the most corrupt public officials in the country.

Frequency

The World Bank & IFC: Doing Business 2012:
- A standard export shipment of goods requires 10 documents and takes 41 days at an average cost of USD 2,412 per container.

- A standard import shipment of goods requires 10 documents and takes 49 days at an average cost of USD 4,030 per container.

World Economic Forum: The Global Competitiveness Report 2010-2011:
- Business leaders give the burden of customs procedures a score of 4.4 on a 7-point scale (1 being 'extremely slow and cumbersome' and 7 being 'rapid and efficient').

The World Bank & IFC: Enterprise Surveys 2009:
- Nearly 18% of companies expect to give gifts to obtain import licences.

- Nearly 43% of companies identify customs and trade regulations as a major constraint.

REN-LAC: Rapport 2006 (in French):
- Citizens identify the customs services as the second most corrupt sector in Burkina Faso.

Business Corruption

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

For more information on public procurement, see 'Public Anti-Corruption Initiatives' in the Initiatives section.

Political Corruption

According to the US Department of State 2009, the Court of Accounts published an annual report in 2007, revealing mismanagement in government agencies, including by the Mayor of Ouagadougou. The report found that the government had failed to comply with proper public procurement procedures for government tenders. No known action has been taken in connection with any of the report's recommendations.

Nevertheless, according to the US Department of State 2011, there have been some improvements in relation to equality in the bidding process and in the transparency of procedures. Reportedly, bidding criteria, established and enforced by the Autorité de Regulation des Marches Publics (ARMP, Government Tenders Regulation Authority), established in spring 2008, are clear, and the process is transparent. Moreover, bidding requirements are assessed as being equal for all bidders. Hence, foreign investors receive the same treatment as local investors in the bidding process.

For more information on public procurement, see 'Public Anti-Corruption Initiatives' in the Initiatives section.

Frequency

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business leaders give the favouritism of government officials when deciding upon policies and contracts a score of 2.8 on a 7-point scale (1 being 'usually favour well-connected companies and individuals' and 7 'are neutral').

- Business leaders give the diversion of public funds to companies, individuals or groups due to corruption a score of 2.5 on a 7-point scale (1 being 'is common' and 7 'never occurs').

The World Bank & IFC: Enterprise Surveys 2009:
- The value of the gift expected to secure a government contract is 1.2% of the value of the contract.

- Nearly 19% of the companies surveyed expect to give gifts to get a government contract.

REN-LAC: Rapport 2006 (in French):
- Citizens identify public procurement as the ninth most corrupt sector, a significant improvement from its identification as the fourth most corrupt sector in 2005.

Business Corruption

There have been allegations of corruption in relation to the mining sector and mining concessions. This has especially affected the gold mining sector, where the renewal of exploitation permits has been subject to corrupt practices. According to an April 2011 article by ROARMAG.org, the funds that the country possesses from its gold mines and cotton trade are often embezzled by corrupt government officials. Furthermore, there are reports of mining companies having concealed their production and benefits to evade taxes.

• 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.

• Extractive Industries Transparency Initiative (EITI): Burkina Faso is a Candidate Country to become a full EITI member. In May 2011, the local EITI secretariat released a first report of payments from mining companies received by the state fiscal authority for 2008 and 2009, and a final validation report was submitted in September 2011. The EITI Board decided in October 2011, that Burkina Faso will have its candidacy renewed for 18 months (until 25 April 2013), by which it must have completed a validation that demonstrates compliance with the 2011 edition of the EITI Rules. Read more about Burkina Faso's EITI Candidacy here.

• 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.

• Media: Freedom of the press is provided by Article 8 of the Constitution of Burkina Faso (in French) and is largely respected in practice. According to the US Department of State 2010, in general, citizens and the press can criticise the government without reprisal, and foreign radio stations can operate freely with no government interference. Furthermore, the government-controlled media are allowed to have significant participation in their programming from people with opposition views. Yet, journalists complain that the ministries are unresponsive to requests of information, claiming that their silence is due to reasons of national security and confidentiality and there are no procedures available to appeal denials for requests of information. Government spokespersons are also criticised for strictly restricting the scope of questioning during official press conferences. Access to the Internet is not restricted and no sites are known to be blocked by the government. According to Freedom House 2011, access to the internet is increasing as the penetration of smartphones and Wifi USB connectors through the cellular phones system is growing, thus bloggers are becoming an increasingly important source of news and opinion. The report notes that internet access is available in the two big cities of Burkina Faso; Ouagadougou and Bobo-Dioulasso, as well as many medium-sized towns through internet cafés with an affordable cost of usage to middle-class users. However, the number of internet users remains in the single digits in the urban areas. The same report notes that the media in Burkina Faso is open and very often critical of government policy. Nevertheless, according to Reporters Without Borders 2010, any challenge to the President and his allies remains a 'risky exercise'. Indeed, freedom of expression is permitted provided that the President and his entourage are not challenged. The murder of journalist and newspaper editor Norbert Zongo, who was killed in 1998 while investigating a case involving high-ranking political personalities, testifies to the persistence of clear limits on investigating corruption. In July 2006, the judge investigating the murder dropped all charges against the prime suspect, leading local civil society organisations, as well as Reporters Without Borders to accuse the government of having ordered the case dropped. According to the Bertelsmann Foundation 2010, journalists who investigate high-level corruption cases are particularly exposed to threats, and there are reports of journalists being occasionally sued by the government under the libel law. Burkina Faso ranks 49th out of 178 countries on the Reporters Without Borders Worldwide Press Freedom Index 2010, while the Freedom House Freedom of the Press Index 2011 ranks Burkina Faso 85th out of 196 countries and describes its press environment as 'partly free'

• Civil Society: According to the Bertelsmann Foundation 2010, Burkina Faso has a strong civil society consisting of a diverse landscape of interest groups dominated by unions, student associations and human rights organisations. As a rule, the government respects the constitutionally guaranteed freedom of assembly and association. The majority of the country's civil society organisations have adopted a code of conduct and a national review committee has been set up to publish a list of those organisations that have adhered to the code. There are numerous civic organisations, sometimes in cooperation with the parliamentary opposition and the media that succeed in shaping economic and social welfare policy. However, power to influence is reduced when it comes to issues such as impunity, the courts or corruption. Furthermore, many civic organisations have been corrupted, or domesticated by the ruling powers, and a lack of capacity reduces their ability to fully carry out their roles, as reported in the Bertelsmann Foundation 2010.

• National Network to Fight against Corruption (REN-LAC, in French) is a group of more than 30 civil society organisations that have placed the fight against corruption on the national agenda by campaigning for good governance and transparency in public administration. The group publishes reports on the state of corruption in the country (in French only) and has established a wide range of anti-corruption initiatives and tools, such as the Prix de la Lutte Anti-Corruption (Anti-Corruption Award), which honours investigative journalism that exposes corruption in the media. REN-LAC also manages a telephone hotline (Téléphone Vert) where acts of corruption can be reported. According to a November 2011 article by allAfrica.com, the REN-LAC presented a project for an anti-corruption bill. Three consultants, two judges and a parliamentary deputy conducted a study that led to the bill which was presented in October 2011. Article 58 of the law notes that the prosecutor must take legal action against the facts revealed in the annual reports of public and private organisations with the mandate to fight corruption and enhance transparency and good governance. The law proposes good initiatives as it redefines corruption and extends the circle of people who can be prosecuted for corrupt behaviour as well as the understanding of corruption, such as the acceptance of gifts.

• African Parliamentarians' Network Against Corruption (APNAC) is an all-party parliamentary anti-corruption coalition and has a local chapter in Burkina Faso and cooperates with REN-LAC on different anti-corruption pilot projects.

• Private Sector Good Governance Initiative: At the initiative of Shell-Burkina, a workshop was held in 2004 on good governance in the private sector. Around 100 multinational and national companies (primarily from the oil industry) participated, and it was decided to launch a private sector code of conduct in which companies would be required to comply with national legislation, introduce specific anti-corruption rules, monitor the practice of giving gifts, etc. In April 2004, this code of conduct was adopted by civil society organisations, as reported by the U4 Anti-Corruption Resource Centre.

The websites listed below provide useful facts on Burkina Faso as well as contacts and tools for companies operating in Burkina Faso:

• International Finance Corporation: West Africa SME Toolkit (in French)
  Guide to sustainable business management practices for SMEs.
• Business Fighting Corruption
  An online resource centre for business on collective action to avoid corruption which contains a guide and resources for partnerships with companies and other stakeholders to fight against corruption.
• CIA World Factbook: Burkina Faso Profile
• World Bank: Burkina Faso Data Profile

Sources for further reading:

• US Department of State: Human Rights Report - Burkina Faso 2011.
• US Department of State: Investment Climate Statement - Burkina Faso 2010.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• Transparency International: Global Corruption Report 2006.

UNCAC Status: Signed 10 December 2003. Ratified 10 October 2006.

Status on UNCAC Implementation
This field describes the country's status on the United Nations Convention against Corruption. Please note any declarations and reservations made upon ratification. The list of signatories can be found on the UNODC website. Read more about the UNCAC.

Other Relevant Conventions or Treaties:

• AU Convention on Preventing and Combating Corruption: Signed 26 February 2004. Ratified 29 November 2005
  Read Transparency International's summary and assessment of the convention.
• UN Convention against Transnational Organized Crime: Signed 25 December 2000. Ratified 15 May 2002.
  Read Transparency International's summary and assessment of the convention.

Transparency CPI: 2011: 100/182 (Score: 3)

Transparency CPI
This field consists of the score for the country in question on the Corruption Perceptions Index from Transparency International as well as its ranking.

World Bank CORR Index (-2.5 - +2.5): 2010: -0.37

World Bank Corruption Index
This field consists of the score for the country in question on the 'Control of Corruption' indicator in the World Bank Governance Research Indicator Country Snapshot (GRICS): 1996-2010.

OECD Country Risk Classification (0-7): 2011: 7

Country Risk Classification
The classification of countries by risk category has the aim of providing OECD countries with a basis for calculating the premium interest rate to be charged to cover the risk of non-repayment of export credits. Countries are placed in risk categories 0 - 7, with 0 being the lowest risk category and thus the least expensive. Conversely, premium group 7 is the highest risk category. Each classification is comprised of 2 components: 1) an assessment of the country's economic/financial situation, and 2) its overall political stability. Access the complete list of OECD Country Risk Classification figures.

Data Verification:

Publication date: December 2011

Data verified by:  Global Advice Network

General Information Sources

• The World Bank & IFC: Doing Business 2011.
• Freedom House: Countries at a crossroads 2011 - Burkina Faso.
• US Department of State: Investment Climate Statement - Burkina Faso 2011.
• news24: 'Burkina Faso soliers: unrest to end', 19 April 2011.
• Freedom House: Countries at at the Crossroads 2011: Burkina Faso
• World Economic Forum: The Global Competitiveness Report 2010-2011.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• US Department of State: Human Rights Report - Burkina Faso 2010.
• The Heritage Foundation: Index of Economic Freedom - Burkina Faso 2010.
• Freedom House: Freedom in the World - Burkina Faso 2010.
• BBC News:'Blaise Compaore re-elected in Burkina Faso landslide', 26 November 2010. 
• Committee to Protect Journalists: 'Ten Journalist Murder Cases to Solve', 29 April 2010.
• The World Bank & IFC: Enterprise Surveys 2009.
• US Commercial Service: Doing Business in Burkina Faso: A Country Commercial Guide for US Companies 2009.
• The UN Investment Policy Review: Burkina Faso 2009.
• International Finance Corporation: A Better Business Environment in Burkina Faso 2009.
• Afrobarometer: Summary of Results - Burkina Faso 2008.
• US Commercial Service: Doing Business in Burkina Faso: A Country Commercial Guide for US Companies 2008.
• Lexadin: The World Law Guide - Legislation Burkina Faso 2008.
• Transparency International: Global Corruption Report 2006.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2006 (in French).
• The Government of Sweden: Human Rights in Burkina Faso - 2005.
• Corruption et developpement humain: 'Perception de la corruption au Burkina Faso' 2003.
• U4 Anti-Corruption Resource Centre: U4 Helpdesk Query.
• BBC News: Burkina Faso Country Profile.

Corruption Levels Sources

Judicial System

• World Economic Forum: The Global Competitiveness Report 2011-2012.
• The World Bank & IFC: Doing Business 2011.
• Freedom House: Countries at a Crossroads 2011 - Burkina Faso.
• US Department of State: Investment Climate Statement - Burkina Faso 2011
• US Department of State: Human Rights Report - Burkina Faso 2010.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• The Heritage Foundation: Index of Economic Freedom - Burkina Faso 2010.
• Freedom House: Freedom in the World - Burkina Faso 2010.
• The World Bank & IFC: Enterprise Surveys 2009.
• US Commercial Service: Doing Business in Burkina Faso: A Country Commercial Guide for US Companies 2009.
• Afrobarometer: Summary of Results - Burkina Faso 2008.
• US Commercial Service: Doing Business in Burkina Faso: A Country Commercial Guide for US Companies 2008.
• Transparency International: Global Corruption Report 2006.
• The Government of Sweden: Mänskliga rättigheter i Burkina Faso 2005 (in Swedish).

Police

• World Economic Forum: The Global Competitiveness Report 2011-2012.
• US Department of State: Investment Climate Statement - Burkina Faso 2011.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• US Department of State: Human Rights Report - Burkina Faso 2010.
• The World Bank & IFC: Enterprise Surveys 2009.
• Afrobarometer: Summary of Results - Burkina Faso 2008.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2007 (in French).
• Transparency International: Global Corruption Report 2006.

Licences, Infrastructure and Public Utilities

• World Economic Forum: The Global Competitiveness Report 2011-2012.
• Freedom House: Countries at a Crossroads 2011 - Burkina Faso.
• The World Bank & IFC: Doing Business 2011.
• US Department of State: Investment Climate Statement - Burkina Faso 2011.
• The Heritage Foundation: Index of Economic Freedom - Burkina Faso 2010.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• US Department of State: Human Rights Report - Burkina Faso 2009.
• The World Bank & IFC: Enterprise Surveys 2009.
• Afrobarometer: Summary of Results - Burkina Faso 2008.
• Lefaso.net: 'Corruption au Burkina Faso - Un sport de masse', 15 June 2007.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2006 (in French).

Land Administration

• World Economic Forum: The Global Competitiveness Report 2011-2012.
• The World Bank & IFC: Doing Business 2011.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• US Department of State: Investment Climate Statement - Burkina Faso 2009.
• The Heritage Foundation: Index of Economic Freedom - Burkina Faso 2010.
• US Department of State: Human Rights Report - Burkina Faso 2008.
• Freedom House: Freedom in the World - Burkina Faso 2008.
• CAPRI: Land Rights for African Development - From Knowledge to Action 2006.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2006 (in French).

Tax Administration

• The World Bank & IFC: Doing Business 2011.
• World Economic Forum: The Global Competitiveness Report 2010-2011.
• US Department of State: Investment Climate Statement - Burkina Faso 2011.
• The Heritage Foundation: Index of Economic Freedom - Burkina Faso 2010.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• US Department of State: Human Rights Report - Burkina Faso 2009.
• The World Bank & IFC: Enterprise Surveys 2009.
• Afrobarometer: Summary of Results - Burkina Faso 2008.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2006 (in French).

Customs Administration

• World Economic Forum: The Global Competitiveness Report 2010-2011.
• Freedom House: Countries at the Crossroads 2011 - Burkina Faso.
• The World Bank & IFC: Doing Business 2011.
• US Department of State: Investment Climate Statement - Burkina Faso 2011.
• The Heritage Foundation: Index of Economic Freedom - Burkina Faso 2010.
• The World Bank & IFC: Enterprise Surveys 2009.
• African Peer Review Mechanism: Country Review Report of Burkina Faso 2008.
• US Department of State: Human Rights Report - Burkina Faso 2008.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2006 (in French).
• US Department of State: Human Rights Report - Burkina Faso 2005.

Public Procurement and Contracting

• World Economic Forum: The Global Competitiveness Report 2011-2012.
• US Department of State: Investment Climate Statement - Burkina Faso 2011.
• The World Bank & IFC: Enterprise Surveys 2009.
• African Peer Review Mechanism: Country Review Report of Burkina Faso 2008.
• US Department of State: Human Rights Report - Burkina Faso 2009.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2006 (in French).
• Transparency International: Global Corruption Report 2005.

Environment, Natural Resources and Extractive Industry

• US Department of State: Investment Climate Statement - Burkina Faso 2009.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2006 (in French).
• REN-LAC: État de la corruption au Burkina Faso Rapport 2005 (in French).

Public Anti-Corruption Initiatives Sources

• US Department of State: Investment Climate Statement - Burkina Faso 2011.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• World Trade Organisation: Trade Policy Review - Benin, Burkina Faso and Mali 2010.
• US Department of State: Human Rights Report - Burkina Faso 2009.
• African Peer Review Mechanism: Country Review Report of Burkina Faso 2008.
• GIABA: Annual Report 2008.
• Lexadin: The World Law Guide - Legislation Burkina Faso 2008.
• US Department of State: Human Rights Report - Burkina Faso 2007.
• Freedom House: Countries at the Crossroads - Burkina Faso 2007.
• Transparency International: Global Corruption Report 2006.
• REN-LAC: État de la corruption au Burkina Faso Rapport 2000 (in French).
• U4 Anti-Corruption Resource Centre: U4 Helpdesk Query.

Private Anti-Corruption Initiatives Sources

• allAfrica.com: Burkina Faso: Corruption- Le REN-LAC va introduire une proposition de loi, 8 November 2011.
• Freedom House: Countries at the Crossroads 2011 - Burkina Faso.
• US Department of State: Human Rights Report - Burkina Faso 2010.
• Reporters Without Borders: Burkina Faso Country Report 2010.
• Freedom House: Freedom of the Press - Burkina Faso 2010.
• Freedom House: Freedom in the World - Burkina Faso 2010.
• Freedom House: Freedom of the Press Index 2010.
• Reporters Without Borders: Worldwide Press Freedom Index 2010.
• The Bertelsmann Foundation: Transformation Index - Burkina Faso 2010.
• Freedom House: Countries at the Crossroads - Burkina Faso 2007.
• Transparency International: Global Corruption Report 2005.
• Committee to Protect Journalists: Dangerous Assignments 2001.
  U4 Anti-Corruption Resource Centre: U4 Helpdesk Query.