What sanctions are used to punish the corrupt activities of a supplier?
Burkina Faso score: 100/100
Procurement officials have no authority to exclude companies or individuals implicated in bribery or corruption related offences.
Procurement officials have limited authority to exclude companies and senior company officials where there is a conviction or reasonable evidence of bribery & corruption related offences.
There is clear legislation and implementing guidelines empowering procurement officials to exclude companies and senior company officials where there is a conviction or credible evidence of bribery & corruption related offences.
Law N° 039 (2016) is the legal framework for public procurement and contracting in Burkina Faso (1). It is complemented by Decree N° 0049 (2017) also covers issues not mentioned in the above law (2). Sanctions on corrupted activities of suppliers are under Article 50 through Article 57. However, there is ongoing widespread corruption among public officials (3), coupled with weak enforcement of the law (4), procurement officials have limited authority to exclude companies and senior company officials from public order/procurement.
1. “Law N° 039 – On the general regulation of the public order,” (2016), https://www.assembleenationale.bf/IMG/pdf/loi_039_portant_commande_publique.pdf.
2. “Decree N° 0049 On the procedure for public procurement and contracting, execution and resolution,” (2017), https://www.droit-afrique.com/uploads/Burkina-Decret-2017-51-maitrise-ouvrage-deleguee.pdf.
3. “Burkina Faso 2017 Human Rights Report,” Bureau of Democracy, United States Department of State, 2017, https://www.state.gov/documents/organization/277217.pdf.
4. “Burkina Faso Country Report,” GAN Institute, 2018, https://www.business-anti-corruption.com/country-profiles/burkina-faso.
69b. Undue influence
Burkina Faso score: 25/100
There is a complete failure to investigate or prosecute, even in the face of clear evidence.
Cases are superficially investigated, or receive "show" hearings in which defendants are not punished.
Cases are investigated but not often prosecuted. There is clear undue influence in the decision making process.
Cases are investigated or prosecuted through formal processes, but undue political influence is attempted, and sometimes effective at derailing prosecutions.
Cases are investigated or prosecuted through formal processes and without undue political influence.
Again, the legislation on public procurement is available, and it provides the contracting authority with the power to apply sanction where necessary. However, the increasing level of corruption hinders the enforcement of the law (2), (3). There is no political will to fight corruption, as the government rarely imposes sanctions on convicted officials (1). Most of the time, case are superficially investigated, and defendants rarely get punished. For example, in 2017 three members of the last government of former President Blaise Compaore: Salif Kabore, Jerome Bougma, and Jean-Bertin Ouedraogo were arrested for corruption (procurement), embezzlement and mismanagement (4). However, it appears most of them were not prosecuted (5).
1. “Burkina Faso 2017 Human Rights Report,” Bureau of Democracy, United States Department of State, 2017, https://www.state.gov/documents/organization/277217.pdf.
2. BTI 2018: Burkina Faso Country Report,” Transformation Index BTI, https://www.bti-project.org/en/reports/country-reports/detail/itc/bfa/.
3. “Burkina Faso Country Report,” GAN Institute, 2018, https://www.business-anti-corruption.com/country-profiles/burkina-faso.
4. Benjamin Roger, “Burkina: que reproche-t-on aux trois anciens ministres de Blaise Compaoré ?,” JeuneAfrique, 2017, http://www.jeuneafrique.com/229129/politique/burkina-que-reproche-t-on-aux-trois-anciens-ministres-de-blaise-compaor/.
5. “L’ex ministre de la sécurité Jérôme BOUGOUMA arrêté et libéré,” Agence de Presse Labor, April 13, 2015, http://www.laborpresse.net/lex-ministre-de-la-securite-jerome-bougouma-arrete-et-libere/
69c. Application of sanctions
Burkina Faso score: 25/100
It is not clear if offences result in sanctions.
Offences rarely result in sanctions.
Offences sometimes result in appropriate sanctions, but not on a regular basis.
An offence can regularly result in softer sanctions (e.g. administrative fines), but not prosecution or exclusion.
An offence can regularly result in a range of sanctions, including prosecution, exclusion from current and future competitions, or other sanctions, including heavy fines or imprisonment.
Most offences to public procurement regulations rarely result in real sanctions, and often offences to procurement regulation in the defence sector remain unknown (3). From my personal experience working for the military, I have neither seen nor heard that a military official was prosecuted for corruption, even though disciplinary measures are often applied. Also, the government rarely imposes sanctions against officials (2). For example, the United States Department of State 2017 Report states that “on September 6, the Ministry of Justice issued a warrant against the head of the CSC, Nathalie Some, for embezzling 650 million CFA francs ($1.2 million). Some, who was in detention at the MACO since September awaiting trial”. Unfortunately, as of March 2018, Mrs. Some was given provisional release for medical reasons (1), and there is no evidence that she returned to prison.
1. “Burkina Faso: Liberté provisoire pour Nathalie Somé, l’ex présidente du Conseil supérieur de la communication,” NetAfrique, 2018. http://netafrique.net/burkina-faso-liberte-provisoire-pour-nathalie-some-lex-presidente-du-conseil-superieur-de-la-communication/.
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. Executive Secretary of the National Anti-Corruption Network (REN-LAC), interview with author, June 20, 2018.
Compare scores by country
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|Country||69a. Sanctions||69b. Undue influence||69c. Application of sanctions|
|Algeria||100 / 100||50 / 100||0 / 100|
|Angola||100 / 100||50 / 100||0 / 100|
|Burkina Faso||100 / 100||25 / 100||25 / 100|
|Cameroon||0 / 100||NA||NA|
|Cote d'Ivoire||100 / 100||100 / 100||100 / 100|
|Egypt||0 / 100||NA||NA|
|Ghana||100 / 100||50 / 100||0 / 100|
|Jordan||0 / 100||NA||NA|
|Kuwait||0 / 100||NA||NA|
|Lebanon||100 / 100||0 / 100||0 / 100|
|Mali||50 / 100||25 / 100||25 / 100|
|Morocco||0 / 100||NA||NA|
|Niger||100 / 100||0 / 100||0 / 100|
|Nigeria||NEI||50 / 100||0 / 100|
|Oman||0 / 100||NA||NA|
|Palestine||100 / 100||50 / 100||25 / 100|
|Qatar||0 / 100||NA||NA|
|Saudi Arabia||0 / 100||NA||NA|
|Tunisia||100 / 100||75 / 100||50 / 100|
|United Arab Emirates||0 / 100||NA||NA|