Ouagadougou: The Transitional Legislative Assembly (ALT) has successfully adopted a landmark law concerning the status of customary and traditional chieftaincies. This development unfolded during a plenary session in Ouagadougou, marked by extensive debates, amendments, and votes spanning nearly six hours. The legislation received unanimous approval from all 71 parliamentarians in attendance.
According to Burkina Information Agency, the newly adopted law comprises six chapters and 43 articles, formally integrating customary authorities into the national legal system. It defines customary or traditional authority as the "power to manage ancestral cults and spiritualities and to govern the political, judicial, social, and economic affairs of a community within a territory according to customs and traditions," or as the person vested with this power. The law specifically recognizes kings and their ministers, emirs, canton chiefs, village chiefs, land chiefs, and religious leaders as customary chiefs.
The legislation assigns traditional chieftaincy a multifaceted role encompassing social, cultural, political, security, economic, and judicial responsibilities. It emphasizes the importance of promoting peace, managing community conflicts, safeguarding traditions, and mobilizing communities for developmental initiatives.
One of the significant innovations within the law is the creation of a national coordination structure for traditional chieftaincy. Additionally, it mandates the establishment of a register of customary and traditional chiefs, which will be maintained and updated by the territorial administration.
The law introduces measures to ensure the impartiality of traditional chiefs, requiring them to maintain a strict duty of discretion. This prevents them from affiliating with political parties or trade unions or seeking elected office without relinquishing their customary titles.
To prevent unauthorized claims to chieftaincy, the law imposes criminal sanctions. Any individual proclaiming themselves as a chief without proper investiture faces imprisonment ranging from three months to three years and a fine of up to five million FCFA.
Minister of State, Minister of Territorial Administration and Mobility, Emile Zerbo, hailed the adoption of this unprecedented bill. He credited the determination of President Captain Ibrahim Traor© and his administration for the successful passage of this legislation, which has been a topic of discussion for a considerable period.
"This is a moment of pride for us, and it has been a long process. Customary and traditional chieftaincies are an ancient institution in the land of upright men. They have participated in every stage of the building of our nation," Mr. Zerbo stated.
He emphasized that the law serves as an essential complement to the administration of Burkinabe territory and the management of the country, allowing traditional leaders to effectively carry out their duties and contribute to peacebuilding.
The Minister of State further highlighted the involvement of traditional leadership in the processes leading to the adoption of this legislation, underscoring its significance in the nation's governance framework.