Constitution

Burkina Faso 1991 Constitution (reviewed 2015)

Table of Contents

TITLE IV. OF THE GOVERNMENT

Article 61

The Government is an organ of the Executive.

It conducts the policy of the Nation; in this capacity, it is obligatorily referred to [matters]:

It [has at its] disposal the administration and the forces of defense and of security.

Article 62

The Government is responsible before the National Assembly in the conditions and following the procedures specified by this Constitution.

Article 63

The Prime Minister is the Head of the Government; in this capacity, he directs and coordinates the governmental action.

He is responsible for the implementation of the policy of national defense defined by the President of Faso.

He exercises the regulatory power conforming to the law, assures the implementation of the laws, appoints to civil and military offices other than those relevant to the competence of the President of Faso.

In the thirty days which follow his appointment, the Prime Minister makes a declaration of general policy before the National Assembly.

This declaration is followed by debates and gives rise to a vote.

The adoption of this declaration validates [vaut] investiture.

If the declaration of general policy does not receive the absolute majority of the members composing the National Assembly, the President of Faso terminates the functions of the Prime Minister within a time of eight days.

He appoints a new Prime Minister in accordance with the provisions of Article 46 above.

Article 64

The Prime Minister assures the presidency of the Council of Ministers by delegation and for a specific agenda.

Article 65

The Prime Minister determines the attributions of the members of the Government. These attributions are established by decree taken in the Council of Ministers.

Article 66

The acts of the Prime Minister are, as the case may be, countersigned by the members of the Government responsible for their implementation.

Article 67

The Prime Minister can delegate certain of his powers to members of the Government.

Article 68

The members of the Government are responsible for the management of their respective departments before the Prime Minister. They are jointly responsible for the decisions of the Council of Ministers.

Article 69

Any vacancy of the post of Prime Minister automatically terminates the functions of the other members of the Government. In this case, the latter expedite the current affairs until the formation of a new Government.

Article 70

The functions of a member of the Government are incompatible with the exercise of any parliamentary mandate, of any remunerated professional activity and of any function of professional representation.

However, the exercise of functions of professional representation of international character is possible with the prior agreement of the Government.

Article 71

Every person appointed to exercise ministerial functions obligatorily benefits from a leave of absence or from a suspension of contract of work[,] according to the case.

Article 72

The members of the Government must not expose themselves to any situation susceptible of creating conflicts between the duties of their functions and their private interests.

Article 73

During the term of their functions, the members of the Government may not directly or indirectly buy or lease anything which belongs to the domain of the State. The law will specify the cases where this provision can be derogated.

They may not take part in sales [marchés] and in adjudications held by the Administration or by the Institutions corresponding to the State or submitted to its control.

Article 74

No member of Government may make a profit through his position, or make use of[,] directly or indirectly for personal ends[,] information that is communicated to him.

Article 75

The provisions of Article 73 remain applicable for members of the Government during the six months which follow the cessation of their functions.

Those of Article 74 remain applicable during the two years which follow the cessation of their functions.

Article 76

Each member of the Government is responsible before the High Court of Justice for the crimes and misdemeanors committed by him during the exercise of his functions.

Article 77

On their entry into their functions and to the end of their exercise, the members of the Government are required to provide a list of their assets to the Constitutional Council.

This obligation extends to all the Presidents of the institutions consecrated by the Constitution, as well as to other persons of distinction [concerning] which the list is determined by the law.