The African Union (AU): Burkina Faso joined the AU in 1963 and therefore actively participates in regional efforts to address refugee issues through its membership in the African Union (AU). The AU's key governing instrument is the 1969 Convention Governing Specific Aspects of Refugee Problems in Africa. This convention establishes a broad framework for defining refugees, preventing their return to danger (non-refoulement), and outlining state responsibilities towards them. However, the AU framework allows member States to incorporate some flexibility in their national refugee definitions. The AU focuses on promoting cooperation among member States on refugee protection, resettlement, and durable solutions. Similarly, the country has maintained its commitment to protecting forcibly displaced persons by becoming a signatory to the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) on July 25, 2010. It ratified this Convention on July 5, 2012.

Alliance of Sahel States (Alliance des Etats du Sahel - AES): The security crisis that the countries of the 'Central Sahel' composed of Burkina Faso, Mali and Niger have been going through for many years, has led to a very important West African sub-regional reorganization. Therefore, the three countries have acted their withdrawal from ECOWAS to adopt the Liptako Gourma Charter establishing the Alliance of Sahel States (AES). Indeed, with the advent of new political regimes in these States following the intensification of the activism of terrorist groups, the AES, also called the Confederation of Sahel States, first created in the form of a mutual defense pact between these three countries concluded in September 2023. On July 6, 2024, this intergovernmental organization was transformed into a confederation after its members announced their withdrawal from ECOWAS in January 2024. 

Within the framework of this sub-regional organization, a consultation platform between the "Humanitarian Forum of the Confederation of Sahel States" has been created. The first edition was held from August 7 to 9, 2025, in Bamako under the theme: "Humanitarian policies and financing mechanisms in the AES area: Issues, Challenges and Perspectives". From August 10 to 12, 2026, the second edition of the forum was held in Ougadougou under the theme "From emergency to resilience: towards an integrated humanitarian action model for the AES area". This consultation framework remains the main channel through which these three States strengthen their cooperation and the coordination of humanitarian actions and public policies in favor of forcibly displaced persons. 

Regional dialogue on protection and solutions for forced displacement in the Sahel - Ministerial Declaration and Bamako Conclusions:  In September 2019, representatives from governments across the Sahel region (Burkina Faso, Mali, Mauritania, Niger, and Chad) convened in Bamako, Mali, for a regional dialogue on protection and solutions for communities affected by forced displacement. The dialogue brought together not only government officials but also representatives from humanitarian, development, and civil society organizations, along with refugees, internally displaced persons (IDPs), and returnees. This dialogue built upon previous initiatives, including efforts focused on the Lake Chad Basin and the G5 Sahel region, as well as broader African Union and global commitments related to refugees and displacement. Key themes addressed during the dialogue included ensuring access for humanitarian aid, fostering civil-military coordination, strengthening protection measures under the UN's plan to prevent violent extremism, and finding solutions for refugees, IDPs, and other affected populations. This included facilitating access to civil status documentation, identity documents, and nationality. The dialogue culminated in the adoption of the "Bamako Conclusions," a document outlining 46 specific recommendations alongside a reminder on cross-cutting issues relevant to forced displacement in the Sahel. Giving the recent shift of governance in Burkina Faso with the Revolution, it is unclear whether the Bamako Conclusions remain effective.

Lomé Dialogue on National Security and Refugee Protection (Lomé Dialogue): launched in 2024 as a platform for exchanges between the coastal States namely Benin, Côte d'Ivoire, Ghana, Togo and Burkina Faso, the Lomé Dialogue aims to reconcile national security imperatives and States' compliance with their international commitments to the protection of refugees. As part of the Lomé Dialogue, a sub-regional strategy for protection and solutions (2026-2030) was adopted. This strategy envisions sustainably strengthening the systems for the protection of forcibly displaced persons and support for host communities affected by the crisis in the Sahel. The strategy is based on three pillars: (i) strengthening the protection environment for refugees and asylum seekers, (ii) supporting local development and the inclusion of refugees in host countries, and (iii) voluntary repatriation and sustainable reintegration.

In Burkina Faso, the legal system operates under a monist approach in the application of international law. International treaties ratified by the country are thus automatically considered part of domestic law without the need for additional incorporation. Burkina Faso's legal framework therefore recognizes the direct applicability of the 1951 Refugee Convention and the 1969 OAU Refugee Convention. This is outlined by article 151 of the the Constitution: [Treaties and agreements which have been dully ratified or approved have, from the time of their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party] ("Les traités et accords régulièrement ratifiés ou approuvés ont, dès leur publication, une autorité  supérieure à celle des lois, sous réserve, pour chaque accord ou traité, de son application par l'autre partie"). 

Thus, international treaties and agreements duly ratified may be invoked before national courts. They have supra-legal value but are inferior to the fundamental law, the Constitution. It is therefore a monism with primacy of the treaty over the law while preserving the Constitution as the supreme norm of the domestic legal order. However, in the event of incompatibility between a treaty and the Constitution, a constitutional revision may be necessary before the ratification of the said treaty.

Burkina Faso operates as a unitary state, characterized by a centralized system of government where power is concentrated at the national level. This system is enshrined in the country's Constitution, adopted in 1991 (and amended several times since then). The Constitution defines Burkina Faso as a democratic, unitary, and secular state, with the system of government based on the separation of powers. This constitution was supplemented by a Transitional Charter adopted in October 2022 and replaced on March 27, 2026, by the Charter of the Revolution. This charter enshrines the Progressive People’s Revolution (Révolution progressiste populaire - RPP) and eliminates the “political parties and groups” component within the legislative assembly. The Executive power is exercised by the President of Faso, who serves as the Head of State and the Prime Minister, the Head of Government which is part of the Executive power. The Legislative power is exercised by the ‘Assemblée Legislative du Peuple’ (ALP), comprising 71 deputies selected among regional leaders, civil society representatives, and prominent figures designated by the Head of State. 

The Constitution  defines the respective areas of competence of law and regulations. Legislative authority is vested in Parliament, which votes laws. However, the right to initiate legislation is shared concurrently by Parliament (ALP), the Government, and the people (through petitions).

Pursuant to article 115 of the Constitution, the relationship between the National Assembly (ALP) and the Government is also reflected through:

• motion of censure;
• motion of confidence;
• the dissolution of the National Assembly;
• parliamentary debate procedures.

Burkina Faso is organized into local governments (Art. 143 of the Constitution). Local governments are governed by a new law: Law N°024-ALT of December 30, 2025, establishing the General Code of Local Governments in Burkina Faso. Under Article 23 of this law, local governments consist of municipalities and regions. The local government organizes and coordinates local development (art.24).

The legal system is primarily based on civil law, derived from the French model. The constitution is the foundation for the legal framework, followed by regular laws enacted by the legislative body, and decrees and regulations issued by the executive branch. Burkina Faso also recognizes customary law, i.e. based on local traditions, practices, and norms; it plays a significant role in resolving disputes, especially in rural areas.

Following the restoration of constitutional order on October 5, 2022, a bill revising the Constitution of June 2, 1991 was adopted by the Transitional Legislative Assembly (ALT) and promulgated on January 22, 2024. Innovations in the new Constitution include the introduction of traditional and alternative dispute resolution mechanisms based on socio-cultural realities. In this context, Law N° 003-2026/ALT of January 14, 2026, on “Faso Bu-Kaoore” was enacted. The purpose of this law is to establish traditional dispute resolution mechanisms. It sets forth the rules governing the jurisdiction, organization, and operation of traditional dispute resolution bodies, as well as the procedures applicable before them.

Under Article 14 of this law, traditional dispute resolution bodies have jurisdiction over all matters except administrative matters. As a safeguard, these bodies may not impose custodial sentences, fines, or the confiscation of property.

In addition, the innovations include the abolition of the High Court of Justice to entrust the trial of political leaders to the ordinary courts, the constitutionalizing of the National Intelligence Agency, the abolition of the Economic and Social Council and the Mediator of Faso, and the creation of a National Council of Communities to involve religious and customary leaders more closely in the resolution of social conflicts on one hand, and the involvement of communities in the management of public affairs on the other. National security law and presidential decrees on the creation of military regions were also passed. 

In Burkina Faso, the institutional framework of the judiciary consists of two orders: the judicial order and the administrative order. The judicial order includes the Supreme Court of Appeals (Cour de Cassation) as the highest jurisdiction of the judicial system, as well as the High Court of Justice and lower-level tribunals. The administrative order complements the judicial order, contributing to the overall legal structure of Burkina Faso. Traditional justice mechanisms based on customary law also play a significant role in dispute resolution, particularly in rural areas where access to the formal courts may be limited. These traditional justice forums are often led by local leaders and focus on reconciliation and reparation rather than adversarial proceedings. The relationship between the formal and traditional justice systems in Burkina Faso is not always clearly defined. In some cases, the formal courts may incorporate aspects of customary law or recognize the decisions of traditional justice mechanisms. However, in other instances, the two systems operate independently, with the traditional forums not formally recognized as part of the state's legal structure. Overall, the coexistence of formal and traditional justice systems is a common feature in Burkina Faso, reflecting the country's legal pluralism and the continued importance of customary law and local dispute resolution mechanisms, particularly in rural areas.

In practice, mobile courts are operational in some forcibly displaced people-hosting areas, thanks to financial support from United Nations agencies such as UNHCR, UNICEF and UNDP. 

Central level: The “Commission Nationale pour les Réfugiés” - National Commission for Refugees (CONAREF) is an interministerial entity within the Ministry of Foreign Affairs (MoFA), with a Permanent Secretariat (SP/CONAREF) that manages and coordinates the national asylum system, including the refugee status determination (RSD) eligibility and appeal committees. CONAREF comprises ten departments in different ministries (Prime Minister, MoFA, Health, Justice, Human Rights, Family and Solidarity, Security, Defense, Interior and Intelligence Services).

For internally displaced persons, the “Conseil National de Secours d’urgence et de réhabilitation” (CONASUR) is an interministerial entity within the Ministry of Family and Solidarity. The CONASUR was originally established by Decree N° 93/069/PRES/SAS-F of March 5, 1993. CONASUR is a public institution with a social and humanitarian mission, bringing together representatives from some 20 ministerial departments, regional governors, as well as NGOs and the Burkinabé Red Cross. The CONASUR permanent secretariat is the executive body responsible for the operational coordination and planning of humanitarian interventions.

Sub-central/local level: CONAREF set up governance structures for refugee communities in towns with a high concentration of refugees in the former Sahel region (Dori and Djibo), as well as in Bobo-Dioulasso, Ouahigouya and Ouagadougou. 

CONAREF also works with other government agencies, such as the Border Police Directorate, to address asylum issues in areas not yet covered by CONAREF.

At the local level, CONASUR is represented by entities that extend down to the municipal level. These include at the regional level, the CORESUR, chaired by the Governor;  and a the provincial level, the COPROSUR, headed by the High Commissioner; and at the departmental level, the CODESUR, chaired by the Prefect.