Financial Crime World

Whistleblower Protection Laws in Burkina Faso: An Overview

Burkina Faso has made significant strides in establishing protections for whistleblowers and witnesses, but there is still room for improvement. This article provides an overview of the key laws and provisions that safeguard individuals who report corruption or other wrongdoing.

Constitutional Protection

The Burkinabe Constitution enshrines essential freedoms, including:

  • Freedom of Opinion: Enshrined in Article 8
  • Press Freedom: Protected by Article 8
  • Right to Information: Guaranteed by Article 8

While the Constitution provides a foundation for whistleblower protection, it does not explicitly mention sanctions for those who commit acts of embezzlement.

Penal Code

The Penal Code contains provisions that:

  • Protect Whistleblowers: Articles 335-6 and 335-9 provide protections against reprisals
  • Punish Failure to Inform Authorities: Article 335-6 penalizes failure to report known offenses
  • Prevent Slanderous or Abusive Denunciations: Article 335-7 prohibits slanderous or abusive denunciations

Labor Code

The Labor Code has provisions that:

  • Consider Dismissal as Abuse: Article 71 considers dismissal as abusive if motivated by a worker’s complaint
  • Provide No Specific Provisions for Whistleblowers: Law No. 28-2008/AN does not provide specific protections for whistleblowers

Anti-Corruption Law

The Anti-Corruption Law has provisions that:

  • Protect Employees and Trainees: Article 76 protects employees and trainees against sanctions, dismissal, or discriminatory measures for reporting corruption offenses
  • Provide No Specific Provisions for Whistleblowers: While the law provides protections for employees and trainees, it does not specifically mention whistleblowers

Money Laundering and Terrorism Financing Laws

The Money Laundering and Terrorism Financing Laws have provisions that:

  • Exempt Individuals Making Suspicious Activity Reports: Article 83 exempts individuals making good faith suspicious activity reports from professional secrecy breaches
  • Provide Witness Protection: Article 95 establishes witness protection and anonymous testimony

Non-Governmental Organizations (NGOs)

Burkina Faso has a number of NGOs that promote transparency, accountability, and integrity. These organizations include:

  • National Network for Anti-Corruption (REN-LAC): Organizes awareness campaigns, monitors legislation, receives complaints, and advocates for anti-corruption measures
  • Burkinabe Network of Young Leaders for Integrity (RBJLI): Promotes integrity among young people and fights against corruption
  • Balai Citoyen: Aims to ensure responsible citizen involvement in public affairs and accountability of those in power
  • Semfilms Burkina: Promotes human rights and freedom of expression through film screenings

Conclusion

While there are some provisions protecting whistleblowers and witnesses, there is still a need for stronger legislation and more effective enforcement mechanisms to safeguard individuals who report corruption or other wrongdoing.