Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there evidence that these measures are being carried out?
Burkina Faso score: 100/100
Offences are not defined; no evidence of other formal mechanisms. Or the military are exempt from law.
Bribery and/or corruption are not defined offences in law that apply to the defence sector, but there are wider legal mechanisms in place (e.g. national laws supported by policies, regulations, or other laws) used to address this.
Bribery and/or corruption are defined offences in law that clearly apply to the defence sector, but 2 or more of the following mechanisms are not provided for: offering, giving, receiving, or soliciting bribes. Sanctions exist in law, but maximum penalties constitute less than 1 year imprisonment or weak fines that would not act as a deterrent.
Bribery and/or corruption are defined offences in law that clearly apply to the defence sector, but 2 or more of the following mechanisms are not provided for: offering, giving, receiving, or soliciting bribes. Possible sanctions include criminal prosecution/ incarceration, dismissal, and considerable financial penalties.
There are a range of clearly defined offences in law that clearly apply to the defence sector. These offences cover (at a minimum) offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. Possible sanctions include criminal prosecution/ incarceration, dismissal, and considerable financial penalties.
The Penal Code criminalizes and punishes bribery and corruption. Articles 155, 156, 157 and 158 of the code criminalizes and punishes receiving, offering and giving a bribe or bribes, gifts, or collusion, trading in influence, and solicitation by everyone including military officials (1), (2), (3). Article 157 and 158 state the penalties if found guilty of committing any of this crime. The punishment is imprisonment from one to five years, a fine twice the value agreed on, or from 300,000 to 900,000 francs. If a person is any of the public officers mentioned in Articles 155 and 156 maximum punishment is applied. Military officers are mentioned in Articles 155 and 156, therefore their punishment is the same (1). Article 159 states, “in any case, the court seised may also order the prohibition of the exercise of civil rights and/or functions or public employment for a period not exceeding five years. The things or values delivered or delivered are confiscated for the benefit of the public treasury” (1).
1. “Penal Code of Burkina Faso,” (1996), accessed May 24, 2018, http://www.refworld.org/docid/3ae6b5cc0.html.
2. “BTI 2016: Burkina Faso Country Report,” Transformation Index BTI, https://www.bti-project.org/fileadmin/files/BTI/Downloads/Reports/2016/pdf/BTI_2016_Burkina_Faso.pdf.
3. “Burkina Faso adopts two anti-corruption laws,” United Nations Office on Drugs and Crime, 2015, accessed May 31, 2018, https://www.unodc.org/westandcentralafrica/en/new-2015-burkina-faso-anti-corruption-laws.html.
Burkina Faso score: 25/100
There is a complete failure to investigate or prosecute, even in the face of clear evidence.
Instances of bribery or corruption are superficially investigated or rarely disclipined.
Instances of bribery or corruption are investigated but not often disciplined. There is clear undue influence in the decision making process.
Instances of bribery or corruption are investigated or disciplined through formal processes, but undue political influence is attempted and sometimes effective at derailing prosecutions.
Instances of bribery or corruption are investigated or disciplined through formal processes and without undue political influence.
According to GAN 2016, “Corruption is pervasive in all sectors of the economy and government… Foreign donors have pushed the government to pass new anti-corruption legislation in 2015″ (1). Although corruption is criminalized under the Penal Code, however, weak enforcement of these laws, coupled with poor access to information, a culture of impunity, weak institutions, have made the fight against corruption all the more difficult…The police and gendarmerie are perceived to be among the most corrupt institutions in Burkina Faso. Investigations of corrupt practices and the abuse of the police are carried out by the gendarmerie, but results of these investigations are not always made public….. however, only between 1-15% of households report having paid a bribe to the police” (1)
According to the DoS (2017), “use of excessive force, corruption, a climate of impunity, and lack of training contributed to police ineffectiveness… The government announced investigations in progress, but as of September 20, none had led to prosecution.inadequate resources also impeded police effectiveness…NGOs reported pervasive corruption in… the gendarmerie, national police, municipal police. The local NGO Anticorruption National Network (REN-LAC) categorized the municipal police as the most corrupt government sector. They reported a lack of political will to fight corruption, stating the government rarely imposed sanctions against prominent government figures (2), (3).
According to BTI 2016, “Isolated cases of corruption are prosecuted, but often without consequence…Though the law provides criminal penalties for official corruption, the government did not implement it effectively. There are few reliable public sources of information about corruption, and the media are often left to publish rumors and accusations. Few government agencies provide customer-friendly services (for example on web sites), which seriously compromises citizens’ ability to obtain information about government operations, including the proposed national budget” (4).
1. “Burkina Faso Country Report,” GAN Institute, 2016. https://www.business-anti-corruption.com/country-profiles/burkina-faso/.
2. “Burkina Faso 2017 Human Rights Report,” Bureau of Democracy, United States Department of State, 2017, https://www.state.gov/documents/organization/277217.pdf.
3. Adama Sigue, “Rapport 2016 De L’ASCE-LC SUR La Gestion De L’etat: Plus de 400 millions de F CFA de dépenses irrégulières,” Le Pays, October 20, 2017, http://lepays.bf/rapport-2016-de-lasce-lc-gestion-de-letat-plus-de-400-millions-de-f-cfa-de-depenses-irregulieres/.
4. BTI 2018: Burkina Faso Country Report,” Transformation Index BTI, https://www.bti-project.org/en/reports/country-reports/detail/itc/bfa/.
Compare scores by country
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|Country||35a. Sanctions||35b. Enforcement|
|Algeria||100 / 100||50 / 100|
|Angola||100 / 100||75 / 100|
|Burkina Faso||100 / 100||25 / 100|
|Cameroon||100 / 100||0 / 100|
|Cote d'Ivoire||100 / 100||0 / 100|
|Egypt||25 / 100||0 / 100|
|Ghana||75 / 100||50 / 100|
|Jordan||100 / 100||25 / 100|
|Kuwait||25 / 100||0 / 100|
|Lebanon||50 / 100||NEI|
|Mali||100 / 100||0 / 100|
|Morocco||0 / 100||25 / 100|
|Niger||100 / 100||0 / 100|
|Nigeria||100 / 100||25 / 100|
|Oman||25 / 100||25 / 100|
|Palestine||100 / 100||50 / 100|
|Qatar||25 / 100||25 / 100|
|Saudi Arabia||100 / 100||25 / 100|
|Tunisia||100 / 100||75 / 100|
|United Arab Emirates||50 / 100||25 / 100|