Date of publication:
09/22/2026
Burkina Faso
Please describe the system for the application of international law in the state.
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.