Introduction

Access to justice remains a major challenge in Burkina Faso due to costs, distance, and the complexity of state legal procedures. To address this issue, the authorities recognized traditional methods of dispute resolution and, in 2026, established the Faso Bu Kaoré mechanism. This system aims to bring justice closer to citizens by relying on local social and cultural realities. Therefore, it is important to analyze its institutional organization, its flexible procedure based on the consent of the parties, and the nature of the decisions rendered.

An Institutional Organization Rooted in Local Realities

The Faso Bu Kaoré system is based on traditional dispute resolution bodies established at the village or urban sector level. Each body consists of a president, generally a traditional chief or his representative, assisted by two members chosen for their integrity and their knowledge of customs and traditions. Resource persons may also be consulted to provide guidance to the body. This institutional model departs from the traditional organization of state courts by emphasizing social authority and knowledge of local practices. It therefore seeks to establish community-based justice founded on social legitimacy and the preservation of social cohesion.

A Flexible Procedure Based on the Consent of the Parties

The procedure before the Faso Bu Kaoré bodies is voluntary and alternative in nature. Referral to the mechanism depends on the consent of the parties, who may choose either state courts or traditional bodies. The process prioritizes conciliation and mediation as methods of dispute resolution. Only when these attempts fail does the body issue a decision. Proceedings are generally conducted in local languages and may involve witnesses or interpreters, thereby promoting understanding and participation by litigants. This approach helps strengthen the accessibility and effectiveness of the mechanism.

A Decision Based on Equity and Customs

When mediation or conciliation fails, the traditional body rules according to principles of equity and local customs. This orientation makes it possible to adapt solutions to the social and cultural realities of communities. Decisions are recorded in minutes signed by the members of the body and the parties, thus giving them enforceable value. However, remedies are provided, particularly annulment proceedings and appeals, in order to ensure that decisions comply with the fundamental values of society and respect public order.

Conclusion

The Faso Bu Kaoré mechanism constitutes an important legal innovation in the pursuit of a more accessible justice system adapted to the local realities of Burkina Faso. It offers an interesting alternative to the conventional judicial system. However, its effectiveness will depend on the competence and integrity of the actors responsible for managing these bodies, as well as on their ability to reconcile equity, custom, and respect for fundamental rights.

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