BURKINA FASO: OFFICE OF THE NATIONAL MEDIATOR

UNCLAS OUAGADOUGOU 001091


SIPDIS

E.O. 12958: N/A
TAGS: PREL PHUM PGOV UV
SUBJECT: BURKINA FASO: OFFICE OF THE NATIONAL MEDIATOR
CELEBRATES 15 TH ANNIVERSARY.

SUMMARY: The Mediator of the Republic is an autonomous
arbitration institution that helps private citizens settle
grievances with the government or its institutions. Created
in 1994, the Mediator is celebrating its 15th anniversary
this month. The current mediator is Amina Moussou Ouedraogo,
a well known and highly respected lawyer, judge and
magistrate. END SUMMARY.

What is the "mediateur de la Republique"
-------------- -------------- --------------
The institution, created in 1994, will celebrate its 15th
anniversary in December. Currently presided over by Mrs.
Amina Moussou Ouedraogo , the "Mediateur de la Republique" is
an autonomous institution that serves as an arbitrator
between the government administration and a private citizen
or private organizations. The mediator is appointed by
Presidential decree for a single five year term of office.
In principle the President consults with the Prime Minister
and the President of the National Assembly before finalizing
his choice. The Presidential Decree stipulates that once
appointed, the Mediator cannot be fired or replaced thus
guaranteeing his/her independence. One of the most senior
ranks of the Government, the Mediator is on paper the seventh
most important person in Burkina Faso (after the President,
Prime Minister, President of the National Assembly, President
of the House of Representatives, President of the Supreme
Court, and Former heads of State) but in reality though the
Mediator sits sixth in the order of protocol (since there is
no President of the House of Representative.) The Mediator
can, when solicited by the President, takes part in
negotiations that aim to broadly improve public service, or
can mediate conflicts between the Government and single, or
group of citizens. Such was the case in 1997 when the
mediator negotiated the end of the important university
student strike.

What power does the mediator have?
-------------- -------------- --------------
The mediator can investigate claims brought forward by a
private citizen against the Government. It has the authority
to request/quasi subpoena information from any government
office. It can:

- Ask any Minister and his/her staff for all
correspondence and background information required for
investigation into accusations by a private citizen against
or involving that ministry.
- Require that the mediator be informed of all progress
in any grievance situation.
- Ask a Minister to met out sanctions against a
recalcitrant employee.
- Require that a court decision be applied, and in cases
where it has not been, ask the President of Burkina Faso to
ensure that it is.
- Suggest legislative and judicial changes that would
positively impact "common interest" or correct situations
that are identified as discriminatory.

What can the mediator NOT do:
-------------- -------------- --------------
- Force the government to make a specific decision/ruling.
- Cancel or change an administrative decision.
- Make a court ruling.
- Bring financial sanctions against the Government in
favor of a private citizen.

Example of Mediation Assistance:
-------------- -------------- --------------
In 1999 a school teacher had written to the Education
Ministry requesting that his tenure been approved. His
letter was lost in the system. His second letter was sent
via official channels again to the Ministry of Education, but
was subsequently lost. A third letter requesting his tenure
was logged in as having been received by the Ministry of
Public Service but was accidentally lost in route to the
Budget and Finance section. The school teacher, exasperated
by the situation, wrote to the Mediator requesting
assistance. The Mediator contacted the Ministry and
instructed that it answer the school teacher and either
explain why he should not be tenured, or immediately confirm
his tenure. Six years after the first letter was sent
requesting tenure, and in response to the Mediator's
interest, the teacher was given his tenure. Although most
cases are not publicized, the Mediator 's office registered
277 cases in 2006, 261 in 2007 and as a result of increased
visibility logged-in 338 cases in 2008.

The current mediator: Mrs. Amina Moussou Ouedraogo-Traore:
-------------- -------------- --------------
In 2005, Presidential Decree Number 2005-185/PRES appointed
Mrs. Amina Moussou Ouedraogo-Traore as the Mediator of
Burkina Faso. Educated both in Burkina Faso and France

(University degree from the French University of Provence),
she first became a civil servant within the Ministry of
Justice in 1979. In 1991, after having served as State
Prosecutor, Presiding magistrate and Advisor to the High
Court, she was appointed to the Supreme Court of Burkina
Faso. She was eventually elected as Vice-President of that
Supreme Court. While serving on the court, Mrs.
Ouedraogo-Traore also taught at the National School for
Public Administration (ENAM),at the Police Academy, and
other State institutions. She has been an active member
and/or founder of associations focusing on women and girls
rights. In April 2005, President Compaore named her as the
third and only woman to serve as Mediator of the Republic.
Her term of office will conclude in 2010. She is married and
has two children.
HANKINS