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.