Burkina Faso: The Faso Bu Kaoré Act, a major step towards bringing justice closer to those subject to it
In Burkina Faso, the authorities are continuing their reforms aimed at bringing justice closer to the people. As part of this dynamic, the government adopted, on January 14, 2026, the law known as “Faso Bu Kaoré,” an initiative that formalizes and regulates the role of traditional justice in resolving certain disputes within communities. This reform marks a significant step in the recognition of endogenous conflict resolution mechanisms.
By personally going to present this law to the Mogho Naaba, the guardian of the traditions of the Mossi kingdom, Ministers Bayala and Zerbo made a powerful gesture of recognition and respect towards the customary institution.
This approach illustrates the desire of the Government to frame the collaboration between modern and traditional justice in terms of complementarity, not competition.
The relevance of this law lies in its ability to meet the real needs of the population. It is clear that the conventional justice system, with its procedural burdens, geographical remoteness, and often prohibitive costs, remains inaccessible for a large portion of Burkinabè, particularly in rural areas.
Traditional justice has the advantage of being closer to the people, faster, and less expensive.
It is based on mechanisms of mediation, reconciliation, and restoration of social bonds, whereas modern justice often prioritizes sanction and punishment.
Numerous land disputes, family conflicts, marital disagreements, or neighborhood quarrels will thus find a more suitable solution before customary jurisdictions.
It is important to emphasize that this law in no way aims to substitute traditional justice for modern justice.
Rather, it establishes a clear division of jurisdiction, allowing each type of court to handle matters for which it is best equipped.
Serious criminal offenses will naturally continue to fall under the purview of the conventional courts.
By initiating this bold reform, the Burkinabè authorities are demonstrating lucidity and wisdom.
They recognize that social peace and national cohesion also involve the promotion of our endogenous values.
The Faso Bu Kaoré law could well become a model for many African countries facing the same challenges of access to justice.
Maurice K.ZONGO
