Date of publication:

09/22/2026

Burkina Faso

Please describe the judicial system in the state.

ANALYSIS

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.