Declaration of assets before and after appointment to positions of responsibility

Continue the implementation of legal provisions relating to the declaration of assets before and after appointment to positions of responsibility.

Completion Status:

Partially fulfilled

Commitment filtering:

Specific: ✔ yes

In 2015 the government established a law for the mandatory submission of asset declarations, and their publication in the official government bulletin, for cabinet members, directors within the executive branch, legislators and members of the judiciary.[1] The ASCE-LC is responsible for receiving, controlling and publishing these asset declarations. Officials affected by this requirement must submit their declarations annually and within 30 days before and after appointment to positions of responsibility.[2] The commitment targets a concrete policy area to improve transparency and accountability in public management, and is specifically targeted at public embezzlement, conflict of interest and state capture.

[1] ASCE-LC, Law 004 2015 CNT on the prevention and repression of corruption in Burkina Faso (Article 13), 3 March 2015, https://www.asce-lc.bf/index.php/documentations/reglementation?task=document.viewdoc&id=9

[2] U4 Anti-Corruption Resource Centre and Transparency International, Burkina Faso: Overview of Corruption and Anti-Corruption, 3 November 2019, https://www.u4.no/publications/burkina-faso-overview-of-corruption-and-anti-corruption

Measurable: ✔ yes

This commitment is measurable because it is possible to assess whether all public officials assuming and leaving office in the executive, legislative and judiciary have declared their assets annually within the timeframe of 30 days, before and after appointment to positions of responsibility.

Fiscal Integrity

Burkina Faso

Last updated: 29 September 2022

Evaluation:

Background Information

This commitment continues an existing initiative to promote transparency and integrity in public administration. In 2015, the government established a law for the mandatory submission of asset declarations, and their publication in the official government bulletin, by cabinet members, directors within the executive branch, legislators, and judicial officers^[1] These officials must submit their asset declarations to ASCE-LC annually, within 30 days before and after appointment to positions of responsibility.^[2]

Monitoring

The latest list of asset declarations published by ASCE-LC in September 2020 shows that 100 per cent of executive officials and 131 out of 138 parliamentarians have declared their assets.[3] This report does not cover the transitional legislative following the coup, but focuses on the former elected members of parliament. As ASCE-LC did not publish a list regarding the judiciary, this commitment is considered only partially fulfilled.

Challenges to effective commitment implementation

According to REN-LAC, almost all members of the judiciary have declared their assets. However, under the law on asset declaration, there is no requirement the judiciary to make their asset declarations public, unlike members of parliament, who are obliged to do so.[4]

Opportunities to accelerate commitment implementation

Since 2006, Burkina Faso has been a signatory to UNCAC.[5] Article 8.5 states that “Each State Party shall endeavour, where appropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials.”[6] The term “public official” also applies to judicial officers. Therefore, the asset declaration law in Burkina Faso requires adjustment to include judicial officers, in line with the UNCAC.

Recommendations

Adjust the law on asset declarations, making public disclosure of the judiciary’s declarations mandatory.

[3] ASCE-LC, Entry into office: Statements by members of the executive branch, 11 September 2020, https://www.asce-lc.bf/index.php/declaration-d-interet-et-de-patrimoine-dip/declarations-de-l-executif/entrees-en-fonction

[4] Sinon Harouna, Programme Manager, REN-LAC, 14 April 2022, Interview via WhatsApp.

[5] U4 Anti-Corruption Resource Centre and Transparency International, Burkina Faso: Overview of Corruption and Anti-Corruption, 3 November 2019, https://www.u4.no/publications/burkina-faso-overview-of-corruption-and-anti-corruption

[6] United Nations Office on Drugs and Crime, United Nations Convention against Corruption, https://www.unodc.org/documents/brussels/UN_Convention_Against_Corruption.pdf