* Category includes ratification, accession, or succession to the treaty

Adopted by referendum in 1991, the Constitution enshrines respect for political pluralism, the separation of powers, and civil and political liberties. It articulates rights that are generally consistent with international norms, as reflected in the 1948 Universal Declaration of Human Rights and the 1981 African Charter on Human and People’s Rights.

Specifically, the Constitution provides for the freedom of assembly, procession, and demonstration (Article 7); the freedom of opinion, the right to information, and freedom of expression (Article 8); and the right of citizen participation in governance without exception (Article 12). The freedom of association is enshrined in Article 21, which states that: “Freedom of association is guaranteed. All persons have the right to form associations and to participate freely in activities of existing associations. Associations must act within the confines of existing laws and regulations.”

While the Constitution generally recognizes civic freedoms, its provisions include legal compliance clauses, such as “within the confines of existing laws and regulations.” These clauses may open the door to restrictions, as constitutional rights become subject to laws and regulations passed by the government.

Following the coup d’état in September 2022, the 1991 Constitution has been revised twice, in December 2023 and in October 2024. The Parliament passed a bill on March 26, 2026 adopting the “Revolution Charter”, which replaces “Transition Charter” of October 14, 2022, as amended on May 25, 2024. This new Charter has a superior binding force over the Constitution. Its Article 25 states: “In the event of any conflict between the Transitional Charter and the Constitution of June 2, 1991, the provisions of this Charter shall prevail”.

The ‘Revolution Charter’ adopted by Parliament on March 26, 2026 maintains a conflict of law provision set forth under the replaced “Transition Charter” of May 25, 2024, which may open the door to more laws and regulations affecting constitutional freedoms and rights of civil society or to simply restraining the civic space in general. In addition, several laws and regulations (e.g., decrees) directly or indirectly affect civil society:

• Law N° 064-2015/CNT of October 20, 2015, concerning freedom of association (replacing Law 10/92 of December 15, 1992)
• Law N° 22/97 concerning freedom of manifestations and public demonstrations
• Law N° 051/2015 concerning access to public information
• Law N° 056/1993 concerning information (the Information Code)
• Law N° 001-2021/AN protecting personal data
• Law N° 057/2015 concerning the legal status of printed media
• Law N° 058/2015 concerning the legal status of online press
• Law N° 059/2015 concerning the legal status of radio broadcasting
• Law N° 039/2017/AN concerning the protection of human rights defenders in Burkina Faso
• Law N° 008-2017/AN on the legal regime applicable to Foundations in Burkina Faso
• Decree N° 2008-154/PRES/PM/MEF of April 2, 2008 on the organization of the Ministry of Economy and Finance, which establishes the General Directorate for Cooperation (DG-COOP), with a Directorate for NGO Monitoring (DSONG)
• Decree concerning PNDES (Plan National de Développement Economique et Social)*
• Law N° 055-2004/AN concerning the General Territorial Collectivities Code
• Decree N° 2023-0475/PRES-TRANS/PM/MDAC/MJDHRI concerning the general mobilization and warning (mobilisation générale et mise en garde)

* Numbers are not available for this decree.

The Council of Ministers on December 4, 2025 adopted a draft bill on the Penal Code that reinstates the death penalty for a number of offenses, including high treason, acts of terrorism, and espionage. It also establishes community service as a primary punishment and criminalizes the promotion of and engagement in homosexual and related acts. The bill has reportedly been submitted for examination and adoption by Parliament.

We are unaware of any other pending legislative/regulatory initiatives affecting NGOs. Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.

Article 2 of Law N° 011-2025/ALT governs three organizational forms: (1) associations, (2) non-governmental organizations (NGOs), and (3) trade unions.

Excluded from the application of the law are associations pursuing purely political or commercial goals or objectives, as well associations of devolved governments (at regional and communal levels). Unlike under the repealed law, the new law avoids uncertainties due to the imprecise notion of “purely political or commercial” and clarifies under article 3 that the purposes or objectives of an organization are deemed to be “political” when they involve “supporting the program of a political party or political regime at the national or local level”. They are considered as “commercial” when they involve “the sharing of profits or making economic profits for the benefit of members of the organization”. The implementation of the first aspect, “political”, will be complicated because there will be no more space for political activism due to the regime’s dissolution of political parties.

Moreover, there some associations describing their mission as that of “Citizen Watchdogs” (Veille citoyenne) that openly support the current “political” regime in Burkina Faso and the AES Confederation. Their activities fall outside the ambit of the mission of “Monitoring and Development Committees” (COVED), established under the Law N° 003-2023/ALT as “civil, apolitical and sui generis organizations, mandated to promote citizen engagement.”

Article 4 of Law 011 defines the three types of organizations:

(a) an association is defined as any group of natural or legal persons, whether national or foreign, with a permanent, non-profit vocation and the aim of achieving common objectives, particularly in the cultural, sporting, social, spiritual, religious, scientific, professional, or socio-economic realms. A foreign association is any association whose head office is located outside Burkina Faso. An association of recognized public utility (ARUP) is any association or association of associations whose activities pursue an aim of general interest, particularly in the areas of economic, social, and cultural development in a specified region.

(b) A non-governmental organization (NGO) is defined as any declared national association or authorized foreign association engaged in the field of economic, social, or cultural development of the country or a specified region. To become an NGO, a national association must obtain approval through an “Accord-Cadre” (Framework Agreement) with the Ministry of the Economy and Finance, and a foreign association or international NGO must conclude a “Convention d’établissement” (Establishment Agreement) with the Ministry of the Economy.

(c) A trade union is defined as any organization or group of workers that seeks to promote and defend the moral, material, and professional interests of its members, or any free association of workers or employees exercising the same occupation, similar trades, or related professions contributing to the establishment of specific products.

One of the most salient aspects of the new regulatory framework is the monitoring mechanism established under Chapter 5 of Law 011-2025, through a bottom-up approach:

(1) The High-Commissioner in the Province monitors activities organizations implementing activities at the local level (village or sector, department and province), and submits a monitoring report to the Governor of the Region by January 30 every year.

(2) The Governor then submits a region-wide monitoring report to Minister in charge of “public freedoms” by February 15 every year.

(3) Lastly, the Minister produces a national monitoring report and submits it to the Council of Ministers by April 30 every year.

At the three levels of monitoring, the reports must give information about, at a minmum, the number of associations, implemented activities, amounts of investments deployed by the organizations, and their impact on the country’s development. This also implies the obligation upon every organization (association/CSO, NGO or Trade Union) to submit annually to the ministry in charge of public freedoms and the Ministry of Economy and Finances at least the following documents: budget, accounts status, and financial reports. The submission of documents by organizations must be conducted through the monitoring institutions. Noncompliance with these and other obligations leads to sanctions set out under the same law.

Currently, the Ministry of Territorial Administration and Mobility (MATM) is in charge of public freedoms; it is  the main regulatory body and, therefore, has the responsibility to implement, operate and maintain an electronic Database containing information about all associations, NGOs and trade unions, including their leadership, functions and activities.

The database should be publicly accessible once it is set up. It thus is expected that, with the new monitoring approach, there will be much more accurate figures about the number of organizations, than the estimate of 17,000, which has been relied upon for several years. However, the situation on the ground has been constantly evolving. Regarding the situation, human rights institutions, notably the Office of the High Commissioner of Human Rights (OHCHR), have cautioned about what they describe as a “restrictive new law on freedom of association”, considering the overall impact of ongoing reforms on the civic and political space.

There is no comprehensive legislation defining the tax treatment of CSOs in Burkina Faso. Tax exemptions are available for NGOs, but not for associations or trade unions. These exemptions are addressed in the “Convention d’établissement” (or Establishment Agreement) of international NGOs and “Accord-Cadre” (or “Framework Agreement) that must be endorsed by the Council of Ministers (Article 46 of Law 011-2025). This agreement is akin to a memorandum of understanding that provides the NGO with official recognition as a government partner and confers benefits, including tax exemptions.

The preferential tax treatment for NGOs likely springs from the involvement of NGOs in providing humanitarian services during the droughts of the 1970s, at which time, tax exemptions were extended to them to facilitate their work.

In 2016, the government attempted to adopt a decree amending the tax treatment of NGOs. Had it been adopted, the decree would have eliminated tax exemptions altogether and would have subjected foreign funds received by NGOs to taxation. In response, however, the NGO Permanent Secretary (SPONG), which is an independent, umbrella NGO, mobilized push-back and prevented the adoption of the decree.

Associations of Recognized Public Utility (ARUP) do not yet benefit from tax exemptions but receive subsidies from the state, depending on available state funds. They are required to submit annual reports with financial statements to the Territorial Administration and Mobility Ministry (MATM), the Ministry of Economy and Finance, and their line or sectoral ministries. Failure to submit the reports can result in the suspension of funding, although this is not known to have happened. NGOs are similarly supposed to submit annuals reports to the Ministry of Economy and Finance.

Corporations and individuals may receive deductions for donations to all types of CSOs.

The Constitution of Burkina Faso (June 2, 1991) guarantees to every Burkinabe citizen the right to participate in public governance. The Constitution provides that the right can be exercised individually (article 12) or collectively through political parties (article 13) or not-for-profit organizations and even trade unions (article 21), as well as at the national and decentralized levels of public governance (article 145 on territorial collectivities) and in all sectors of public governance (politics, environment, security, agrarian and land management, etc.).

The new law on territorial collectivities (Law 024-2025/ALT) extends the right to public participation to “every person residing in a territorial collectivity” (region or commune), and creates in each of this entity an “Inclusive Consultative Citizens’ Assembly” which will be functioning based on a decree (articles 17 to 22). Procedures and mechanisms for civic participation are set forth under other various laws and regulations, including, most notably, the consultation frameworks (‘Cadres de concertation’) that have been put in place at the national, regional, provincial and communal levels to facilitate public participation in matters relating to development projects. Equally noteworthy are the mechanisms relating to the “Proximity Police” (Community Police, Law N° 032-2003/AN) through which communities participate in the security sector, particularly at the local level. More recently, the Law N° 003-2023/ALT strengthened citizen participation by creating “Monitoring and Development Committees” (“Comité de veille et de développement”, COVED) as “civil, apolitical and sui generis organizations, mandated to promote citizen engagement.”

Similarly, in order to regulate public participation and civic involvement in the fight against terrorism, the transition government adopted a decree ordering “general mobilization and warning” (mobilisation générale et mise en garde). This regulatory instrument, on the one hand, encourages citizens’ initiatives in support of the Defense and Security Forces and, on the other hand, provides that some rights and freedoms will be limited in certain circumstances. Every year the Council of Ministers assess the security situation and renews the implementation of this decree as adopted in April 2023 and renewed in December 2024 and December 2025. Also, public participation in matters of internal security and national defense is also governed by Law 028-2022 on the Volunteers for Homeland Defense (“Volontaires pour la Défense de la Patrie”, VDP).

Other laws protecting public participation include:

• Law N° 032-2003 of May 2003 on Interior Security, applied in conjunction with the Law 006/2023/ALT on National Security.
• Law N° 024-2025/ALT of 30 December 2025 on Territorial Collectivities (‘General Code of Territorial Collectivities’)
• Law N° 012-2010/AN of April 2010 on the protection and promotion of the rights of persons with disabilities
• Law N° 034-2012/AN of July 2012 on Agrarian and Land Reorganization
• Law N° 006-2013/AN of April 2013 on the Environment (‘Environmental Code’)
• Law N° 011-2025/ALT of 17 July 2025 on Freedom of Association
• Law N° 061-2015/CNT of September 2015 on the prevention, repression and reparation of violence against women and girls, and care for victims
• Law N° 024-2016/AN of October 2016 on the protection and promotion of the rights of older persons
• Law N° 003-2020/AN of January 2020 setting the Quota and modalities of positioning of candidates for legislative and municipal elections (‘Law on Gender Quota’)
• Law N° 003-2023/ALT of March 2023 on Monitoring and development committees (Comités de veille et de dévéloppement, COVED)

Decrees related to organizing public participation include:

• Decree N° 2023-0475/PRES-TRANS/PM/MDAC/MJDHRI concerning the general mobilization and warning (mobilisation générale et mise en garde)
• Decree N° 2009-837/PRES/PM/MEF/MAHRH/MATD of December 2009 on the creation, attributions, composition and organization of the National Consultation Framework of Decentralized Rural Development Partners (CNC-PDR)
• Decree N° 2009-838/PRES/PM/MEF/MATD of December 2009 on the creation, attributions, composition and functioning of Consultation frameworks for decentralized rural development (at regional, provincial and communal levels)
• Decree N° 2015-1187/PRES/TRANS/PM/MERH/MATD/MME/MARHASA/MRAMI on the conditions and procedures for conducting and validating the Strategic environmental assessment, and the Environmental and social impact study and notification
• Decree N° 2016-1052/PRES/PM/MATDSI/MJDHPC/MINEFID/MEEVCC of December 2016 defining the modalities of participation of the populations in the implementation of Proximity Police

Public Awareness

Public awareness about mechanisms for public participation is still limited in Burkina Faso, despite the fact that the government has been taking steps to provide information about such mechanisms to the public.

Under the Burkinabe legal system, a law enters into force 21 clear days after its promulgation and publication in the Journal Officiel (or the ‘Gazette’). This period is reduced to eight days in case of an emergency declared by the National Assembly (Article 48 of the Constitution). However, the Journal Officiel remains inaccessible to most of the population, and particularly those with little or no knowledge of the country’s official language (French) or who are living in rural areas. To deal with this situation, the government has attempted to publicize mechanisms for public participation by broadcasting key aspects on national television and radio.

In addition, the Presidency and almost all ministries, as well as public institutions, such the National Human Rights Commission, have social media platforms, including Facebook and Twitter, through which they communicate with the population on matters of public concern.

Social media not only facilitates the sharing of communication about mechanisms for public participation, but also serves to some extent as a platform itself for public participation. However, the impact of such efforts towards public engagement remains limited. This is why CSOs, such as the Centre d’information et de documentation (Cidoc), implements projects that aim to sensitize citizens at the local level about the various mechanisms for publication and trains local actors on strategies to enhance civic engagement and public participation.

However, it is worth highlighting the efforts of the Ministry of Digital Transition, Postal and Electronic Communication in putting in place electronic platforms to facilitate communication between citizens and public services. These include the Official Gazette and the law depository (LegiBurkina). However, these two essential platforms for public participation are yet to be fully functional.

Equally noteworthy is the fact that, following the 2023 constitutional amendment, which, inter alia, downgraded French from the official to a working language on par with English, some national languages have been upgraded to official languages. Accordingly there is effort to publish public statements and Presidential Addresses in at least the four main national/official languages (Moore, Dioula, Fulfulde, Goulimancema). The national television has been broadcasting news in these four languages for some time now.

Marginalized Groups

Article 12 of the Burkinabe Constitution provides that “all Burkinabe, without distinction, have the right to participate in the management of state and social affairs.” Article 11 of the Territorial Collectivities Code provides that every inhabitant of a territorial collectivity (i.e., a region or a commune) has the right to participate in local governance and local development decisions (italics added for emphasis). These legal provisions basically protect the participation of marginalized groups at both the national and local levels.

The participation of specific groups is also enhanced by human rights instruments that protect certain groups, such as women (e.g., The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, better known as the Maputo Protocol (2005)), youth (the African Youth Charter (2009)), and internally displaced people (IDP) (the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, or the Kampala Convention (2012)), which Burkina Faso has ratified.

In addition, laws have been adopted to strengthen the protection of marginalized groups in the governance of public affairs. For instance, in order to encourage women’s political involvement, Law N° 003-2020/AN of January 2020 was adopted to establish quotas and procedures for having women candidates on legislative and municipal election lists. This law encourages political parties and organizations to take women into account in their lists of candidates for elected positions, even though there are still serious limits in terms of sanctions for non-compliance with that law. Discussions have been ongoing on how to reform this law to encourage better compliance.

Law N° 012-2010/AN of April 2010 on the protection and promotion of the rights of persons with disabilities also requires public authorities to take steps to ensure the participation of persons with disabilities in public governance at all levels. For instance, Article 40 of Section VIII of this law relates to “Participation in political and public life” and specifically states that “all persons with disabilities shall enjoy the same civil and political rights and shall exercise them on an equal basis with others and in accordance with the laws in force concerning legal capacity.”

Decree N° 2015-1037/PRES-TANS/PM/MJFPE/MEF of August 2015 envisions support for the socio-economic participation of youth through the Support Fund for Youth Initiatives (FAIJ). However, the impact of this decree has yet to be realized, given challenges to the operationalization of this fund. Perhaps of greater concern is the broader practice of excluding the youth from competing for key political positions in political parties.

Meanwhile, the rights of elderly persons to participate in public governance is guaranteed by law.

Environmental Advocacy

In the area of climate and environmental advocacy, there are no specific restrictions on civic participation. Article 8 of the Burkinabe Environmental Code states that “Local populations, non-governmental organizations, associations, civil society organizations and the private sector have the right to participate in the management of the project. They participate in the process of decision, elaboration, implementation and evaluation of plans and programs that affect their environment.” Article 9 of the Code further emphasizes the obligation of the government to facilitate civic participation by providing information: “… public authorities are required to facilitate access to information relating to the environment.” (italics added for emphasis)

Counter-Terrorism

The application of certain legal provisions relating to the security sector and the fight against terrorism have been criticized as undermining the right of professional groups, such as journalists and more generally people relying on media platforms, to participate in public debates. For example, Article 312-15 of the Penal Code imposes imprisonment for one to five years and a fine of one million (1,000,000) to ten million (10,000,000) CFA francs (approximately 1,800 USD to 18,000 USD as of April 2026) to any person who publishes or relays without authorization, by any means of communication whatsoever and regardless of the medium, images or sounds of a terrorist crime scene (italics added for emphasis). While the relevance of regulating the media space in the context of fight against terrorism cannot be overstated, the laws and regulations must be as specific as possible in order not to undermine the freedom of the press, which is a key ingredient of public participation. Further, the sanctions seem to be disproportionate to the potential harm they address.

There are no specific barriers per se other than those which may result from possible abuses in the application of Law 011-2025 and related regulatory instruments.

According to Article 5 of Law N° 011-2025, “An association  is formed freely and without prior administrative authorization. Its validity is governed by general contract law.” However, it does not have legal personality until its existence is declared to the relevant national, regional or provincial competent authority (article 5). The declaration must be made within 21 days by the head of its governing body (article 12), following which the competent authority must deliver a “Receipt of Declaration of Existence” or Récépissé with two months; “after this period, silence of the competent authority amounts to rejection of the declaration of existence. In that case, the association may introduce a new request within six months mentioning that it was rejected.” (articles 16-17) This is a major change from the repealed law (Law N° 064-2015) under which silence of the competent authority constituted Receipt of Declaration of Existence. This shift is arguably intended to address the fact that, in practice, associations used to operate for several years before obtaining the Declaration Receipt, that is without administrative recognition.

Any association with the headquarters (siège) located outside Burkina Faso is considered to be a “foreign association” (article 35). As such, before stating its activities, a foreign association must: (a) have effective presence, through a “functional head office” in Burkina Faso (article 39); (b) obtain an authorization from the Ministry in charge of “public freedoms” (MATM), after consultation with the Ministry of foreign affairs; the authorization is to renewable every two years (article 38); and (c) register with the competent authority of the administrative area of location of its functional head office (article 41). After obtaining the authorization, such association must (i) publish the authorization in the Official Gazette, within two months (article 41) and (ii) conclude an establishment agreement with the State, within six months (article 42). Also, and importantly, a foreign association must have a representative and a financial manager who are Burkinabe citizens and reside in Burkina Faso (article 36); they both, except in case of necessity, cannot be changed more than once a year, and should such change happen, the competent administration must be informed within 21 days (article 43).

Both national and foreign associations authorized by the State may acquire, under conditions to be specified by the government, the status of “Association Recognized as of Public Utility (ARPU)”. Such status in acquired through a Decree of the Council of Ministers, based on a report from the Ministry in charge of public freedoms, and after consultation with the Minister in charge of the Economy and Finances. Most importantly, ARPU may obtain grants or other forms of assistance from the State, local institutions or parastatals (articles 29-34).

Also, associations recognized by the authorities may obtain the “NGO status”, by concluding a Framework Agreement (national associations) or an Establishment Agreement (foreign associations) (article 46). The government to clarify further, through a decree, the conditions and scope of benefits related to this status.

However, as a general rule, to form an association under the law of Burkina Faso, the following basic conditions must be met (article 8):

• hold a board meeting;
• during that meeting submit for adoption the organizational plan and statutes governing the association (among other things, the organizational plan must mention the directors’ roles);
• establish board meeting minutes within the organizational plan, provide the identities and complete addresses of members and, if it exists, the association’s mailing address; and
• have board meeting minutes signed by the board members.

The law sets forth different types of sanctions, including monetary ones, in case of violations of rules and regulations regarding the formation of organizations. For instance, article 77 of the Law N° 011-2025 imposes a fine from 50,000 XOF to 150,000 XOF (approximately 90 USD to 270 USD as of April 2026), and doubles the amounts in case of recurrence, for the following violations:

• Changing more than once a year without necessity, the national representative and finance manager of a foreign association, and failure to notify the competent authority any such changes of the two actors within 21 days as per article 43.
• Being the head/representative of more than two associations in violation of article 11;
• Failure to declare existence of the national association within 21 days as per article 12;
• Failure publish the Receipt of Declaration in the Official Gazette within two months as per article 19;
• Failure to notify the competent authorities changes made to the articles of association and other constitutive documents, and to the governing bodies, within 21 days as per article 22;
• Failure by foreign association to register with the administrative authority at the location of the functional head office before starting activities, and to publish in the Official Gazette the authorization to operate, in compliance with article 41; and  
• Failure by foreign association to conclude with the State an Establishment Framework within six months from obtaining authorization in accordance with article 42.

In a February 2026 call on authorities of Burkina Faso to preserve the civic space, the UN Human Rights Chief identified two barriers as follows: “In July 2025, authorities enacted a restrictive new law on freedom of association, while since 11 November 2025, a new decree required NGOs and associations to open and maintain cash accounts exclusively with a state-run bank.” This description broadly reflects the reality on the ground.

As noted above, Law N° 011-2025 in and of itself does not create barriers, but regulators could rely on some of its provisions to create such operational barriers. For instance, first, in compliance with article 82, organizations are supposed to be renewing their Receipt of Declaration (Récépissé) with precision of the “main thematic” area of intervention, but they will have to choose “maximum two secondary thematic areas” from the list defined through a regulatory instrument (decree), which is yet to be adopted. The net effect of this provision would end up restricting thematic areas of intervention, particularly for organizations which are already implementing activities in more than two secondary thematic areas.

Secondly, article 17 provides that the silence of the regulating authority after submitting the application for a receipt of declaration (Récépissé), is considered as “rejection” of the application, and as a consequence, the process has to be started afresh within 6 months. This provision creates a broad discretionary power that can be easily abused by the regulators, as it does not provide safeguards as to when and how many times such authority can keep silence, and the avenues and mechanisms for recourse against a silence perceived to be abusive. This could be prejudicial for organizations which will have to redo the declaration process, in compliance with the new law.

Thirdly, the new law has added more restrictions, by notably limiting the number of associations that can be led by one person to two, and by excluding people occupying some functions from being part of the leadership of associations, particularly those in political or governmental offices. While this measure is rightly indented to reduce the influence of political activism on apolitical structures, it may have serious implications for civic engagements particularly in the current situation, as spaces for such activism (political parties) were recently dissolved.

Another serious operational barrier relates to the “statistical/survey visa”, which must be obtained for any research involving empirical/primary data collection, as an obligation under the Law N° 036-2021/AN on the organization and regulation of statistical activities. The Council of Ministers of July 16, 2025 adopted a draft decree setting forth the procedures for applying for and granting a statistical visa and extending it to all data collection operations. However, pending the finalization of this decree and its adoption, the application process to obtain this authorization (visa) is particularly onerous on organizations, in terms of the technical documents to be submitted, the timeline (around 3 months from submission) and the financial costs (around 400 000 XOF) (approximately 700 USD as of April 2026). These three elements have so far prevented some organization to obtain that authorization, hence hindering the effective implementation of their research and monitoring projects.

The new law implicitly allows more government’s interference in the management and operation of associations. While in practice there have been no reported cases of systematic administrative interference in the management of associations’ or NGOs’ operations, there is now the possibility of carrying out arbitrary checks or inspections of their headquarters, as part of the monitoring powers which have been broadened but without specifying its scope (articles 63-66). In addition, there is now much more control of the staffing in foreign associations. The obligation to appoint nationals as the representative and finance manager has been extended and coupled with a control of the circumstances of any change, particularly with the obligation to notify the competent authorities within a specific period of time, when such change occur (articles 43-44).

An even more concerning barrier is the fact that based on Decree N° 2025-1440 of November 11, 2025, there is now an obligation for accredited NGOs and associations/CSOs operating in Burkina Faso to open and maintain their accounts with the Treasury Depository Bank (‘BDT’). Although this measure aligns, inter alia, with both the efforts to effectively implement decisions and recommendations of the Financial Action Task Force (FATF), and the overall country’s fight against terrorism, it may end up being excessively onerous on organizations, particularly considering that the process of operationalization of the BDT is still ongoing, following its creation in late 2024.

Barriers to International Contact

Burkinabe laws place no restrictions on associations becoming members or partners of international or regional networks. Internet access is unrestricted in Burkina Faso and theoretically available to all citizens. That said, access to the Internet is too expensive for poorer citizens and the quality of internet access may be impeded by challenges with bandwidth and stability.

However, there have been more scrutiny of the work of international NGOs and their collaboration with local organizations and individuals. In late 2025, around 10 international NGOs were suspended and other simply banned from operating in Burkina Faso. Others, such as International NGO Safety Organization (INSO), saw some of their staff members being detained over spying charges. Allegations which were denied by INSO . This situation is not limited to Burkina Faso and extends to the other members of Alliance des Etats du Sahel (AES) confederation, where both local and international NGOs were recently suspended or banned too.

There are two main resource barriers that associations and NGOs are facing, as they transition and adjust to the new regulatory framework. The first is the integration of the new accounting system for not-for-profit entities. The OHADA Uniform Act on the Accounting System for Not-for-Profit Entities of 2022 (SYCEBNL), which entered in force in Burkina Faso in 2024, and article 67 of the Law 011-2025 require compliance with it.

Second, there is Decree N° 2025-1440 of November 11, 2025 on the obligation for accredited nongovernmental organizations (NGOs) and associations (CSOs) operating in Burkina Faso to open and maintain their accounts with the Treasury Depository Bank (‘BDT’). Organizations are currently under pressure to comply, considering the deadline compliance is February 11, 2026, with the driskanger of serious sanctions such as the withdrawal of the authorization, or récépissé, in addition monetary fines.

Admittedly, organizations may need to be supported and assisted at least technically over this transitional period because without successful transition they might not able to receive funding or will be sanctioned regardless of whether they receive funding or not.

Foreign Funding

No legal or regulatory provisions restrict associations or NGOs from accessing foreign funding. In fact, a large percentage of funding for association and NGOs comes from foreign sources. There is concern, however, that the Burkinabe government exerts pressure to ensure certain associations and NGOs do not receive funding through international cooperation or from international development institutions in an effort to reduce the impact of independent voices in the country.

Domestic Funding

Law N° 011-2025 prohibits NGOs from engaging in profit-making or economic activities unless such profit is exclusively used in furtherance of the “not-for-profit” mission. For instance, many associations and NGOs in Burkina Faso have radio and television channels through which they both promote their mission and raise funds to implement their activities.

Ministerial officials charged with recognizing associations sometimes ask certain associations to refrain from revenue-generating activities because they do not understand the law or the nature of not-for-profit associations.

In order to continue to receive funding, most NGOs practice self-censorship on sensitive subjects. In early 2019, self-defense militias from the Koglweogo movement and members of the armed forces were involved in multiple massacres, leading to at least 500 deaths in only two months. Very few NGOs and activists mentioned these summary executions, however, or participated in press conferences. The vast majority of NGOs remained silent rather than risk being labeled opposition organizations and having their funding cut.

Philanthropy, sponsorship, and corporate social responsibility are not well-developed in Burkina Faso and thus corporations rarely provide domestic funding to NGOs.

Article 8 of the Constitution of June 2, 1991, states “Freedom of opinion, press and the right to information are guaranteed. All persons have the right to express themselves and to broadcast their opinions within the confines of existing laws and regulations.” Accordingly, these laws and regulations generally set forth limitations on freedom of expression, which are sometimes abused in practice.

The most important limitations relate to the application of the Decree N° 2023-0475 of April 2023 on General mobilization and Warning (mobilisation générale et mise en garde), as renewed in December 2024 and December 2025. Adopted as part of counter-terrorism efforts, this decree is intended to facilitate the mobilization of human, material and other resources “to defend the integrity of national territory, to restore security across the country and to ensure protection of populations and their properties, against terrorist threats and activities” (article 1). However, this instrument has been relied upon to justify some actions which amount to barriers to expression.

For instance, in December 2023, the Court of Appeal ordered the suspension of the arrest warrants against some activists and directed the Army to halt their deployment to the battlefield, which were carried out on the basis of the above Decree. However, the government and the army did not comply with this decision.

The African Commission of Human and Peoples’ Rights (ACHPR) has also raised concerns about this situation of inter alia human rights defenders, activists, journalists and columnists affected by the application of this decree. The ACHPR reportedly addressed a Letter of Urgent Appeal to Burkina Faso in this regard, as part of its monitoring work on Freedom of Expression (October 2024), as well as on Extrajudicial Executions and Enforced Disappearance (October 2025).

Regarding limitations to expression specifically under the legal framework on not-for-profit organizations, article 10 of Law N° 011-2025 distinguishes freedom of expression when exercised through associations, CSOs or NGOs from when related to political activities. It states: “Leading members of an association cannot be leading members of political parties.” However, this distinction has been irrelevant since the suspension of the political parties and now, their dissolution as a consequence of the recent repeal of the rules and regulations governing them.

Important limitations to freedom of expression are also present in areas such as the freedom of information, which also benefit from constitutional protection. Indeed, media agencies are usually freely created, and the procedures for establishing them are straightforward. With new technologies of communication and information, regulatory instruments were adopted in 2015, notably to govern freedom of information on social media channels (Facebook, Twitter, etc.). In that light, Law N° 058/2015 regulates professional online media services. However, some of its provisions contain overbroad terms that could make their enforcement problematic. The law imposes vague conditions on “professional” online media services; for example, the media service is required to avoid content that can shock or undermine human dignity or decency. The law provides for penalties that are problematic due to overbroad offences like “false news”. Administrative offences like “not properly declaring one’s service” or operating without accreditation (for foreign services) are subject to substantial fines.

Before the coup d’etat, between 2016 and 2021, government supporters targeted NGOs and media on social networks, and certain activists have been arrested for expressing themselves on subjects of national importance. For example, in 2018, blogger and cyber-activist Naïm Touré was arrested for his post about a police officer being wounded in a counter-terrorism operation.

Similarly, in July 2019, the government passed an important modification of the penal code that limited freedom of expression, particularly on social media, but also traditional media, by making “fake news” illegal. The limitations were denounced by many organizations, such as Reporters Sans Frontières, Human Rights Watch, and the Committee to Protect Journalists. This amendment of the Penal Code, which is intended to facilitate the fight against terrorism by strengthening the control of the content of information primarily in connection with national security, has been subject of criticism for creating barriers to speech. For instance, article 312-14 provides that one “shall be punished by a prison sentence of one to five years and a fine of one million (1,000,000) CFA francs to ten million (10,000,000) CFA francs whoever communicates, publishes, discloses or relays through a means of communication, regardless of the medium, information relating to the movement, geographical position, weapons and means of the defense and security forces, sites, facilities of national or strategic interest likely to undermine public order or the security of persons and property”.

In the same spirit, article 312-11 states: “Any person who, in peacetime, knowingly participates, by any means whatsoever, in an enterprise to demoralize the Defense and Security Forces shall be punished by imprisonment for a term of one year to ten years and a fine of three hundred thousand (300,000) to two million (2,000,000) CFA francs”. Like Articles 312-13, 312-15 and 312-16 of this law, the above provisions have been criticized by CSOs for “criminalizing the activities of human rights defenders, journalists, social networkers and any individual who wants to gather or disseminate information, particularly on facts related to military operations”. Indeed, for most many human rights and journalists’ organizations, some provisions of the Penal Code can disproportionately restrict civic participation in the governance of the security sector. However, very little or no information exists regarding case law specifically concerning these provisions of this Code, and their impact on public or civic participation.

The most notable barriers to freedom of assembly, today, primarily relate to the suspension of political parties since the beginning of the transition following the coup d’etat in September 2022, and their recent dissolution. Regarding barriers affecting organizations covered under the not-for-profit legal framework, we can note some incidents such as the allegedly illegal annulment of public demonstration of a coalition of trade unions and CSOs in May 2024. Overall, the law does not systematically put barriers to assembly.

The Burkinabe Constitution recognizes the freedom of assembly and demonstration. Article 7 states, “The freedom to believe, not to believe, of conscience, religious opinion, philosophy, religious practice, freedom of assembly, practice of customs as well as the freedom of procession and demonstration are guaranteed by the current Constitution, on condition that law, public order, proper mores and human persons are respected.”

Advance Notification

Law N° 22/97 implementing the Constitutional provision on freedom of assembly requires that demonstrations receive prior authorization, stating, “Public gatherings must receive prior authorization when such gatherings include a conference or exposé, on any subject, followed by a debate or not; they must adhere to conditions set by Articles 8 and 9 below. Advance notification must be written and addressed to the relevant administrative authority. This authority may, for reasons of public order, forbid the gathering.”

This provision is affirmed by Article 10, which states “Any procession, parade, gathering of persons and, generally, any public demonstration must provide advance notification addressed to the Ministry for Public Liberties whenever the demonstration is of a national or international nature, and to the Head of the District Administration or municipality concerned in other cases… It may, if circumstances require it, declare the demonstration be banned.” Thus, a freedom granted by the Constitution as a political right of citizens is made dependent on approval by an administrative authority.

An organizer must contact the Ministry for Public Liberties (ministre chargé des libertés publiques) to hold a demonstration of a national nature, while local authorities, usually the mayor of the community, are responsible for local demonstrations. Demonstration organizers must submit an application for prior authorization at least 72 hours before the planned demonstration. They are also held responsible for anything that happens during the demonstration. Authorities must make their decision known at least 24 hours before the demonstration (Article 10). Organizers must take measures to prevent violence during the demonstration or else they will be held responsible for such violence.

Time, Place, and Manner Restrictions

In practice, the right to demonstrate is largely restricted by administrative authorities who have great power to permit or forbid the exercise of the right. Article 12 of Law No. 22/97/II states, “The administrative authority may, at any moment, without having previously issued a ban, put an end to any gathering, procession, parade or public assembly in the interest of public order.” At times, administrative authorities’ decisions have been colored by political or partisan biases.

Since 2013, certain streets and squares in the capital Ouagadougou have been classified as “red zones” and have been closed off to demonstrations.

It has been noted that demonstrations organized by those considered “opponents” of the government are the ones most likely to be banned. The Framework for Democratic Expression (CED), for example, was denied the right to hold a demonstration in November 2017, and its leader, Pascal Zaida, was incarcerated for two months in Ouagadougou. The CED is known for its strong views accusing political leaders and the present government of crimes.

Excessive Penalties

Articles 14 and 15 of the 1997 law set criminal sanctions for acts tied to the freedoms of demonstration and assembly. Article 14, for example, states, “When by concerted action and open force by a group, violence, assault or illegal confinement of persons or destruction or damage of property, real or personal, public or private, occurs, instigators and organizers of the action, as well as willing participants, will be punished by imprisonment of two (2) to five (5) years and fined 500,000 (approximately $800) to 1,000,000 (approximately $1,600) CFA.”

The penalty does not target the perpetrators of violence, but instead the demonstration organizers. A very well-known application of these provisions took place in 1999 during demonstrations by the Movement for Truth and Justice to support Norbert Zongo, an investigative journalist who was burned to death on October 13, 1998. Leaders of his collective were arrested and imprisoned and their heads shaven after a non-violent demonstration.

In 2017, Pascal Zaida, an activist, was also arrested and imprisoned for organizing a march followed by a meeting that had not received prior authorization by the city’s mayor. Based on the prison sentences in Articles 14-21 of Law 22/97, Pascal Zaida was incarcerated in November 2017 after the demonstration he planned was canceled.

Generally speaking, however, the police do not use excessive force to maintain order. Certain demonstrations are high-risk due to their political nature and the country’s political history, which has seen peaceful demonstrations turn into popular uprisings that led to the overthrow of governments (January 6, 1966 and October 30, 2014, for example). Police sometimes use tear gas to disperse demonstrators, particularly in the context of student demonstrations. Incidents of police assaulting demonstrators are rare, but have occurred.

Burkina Faso set to bring back death penalty in new government bill (February 2026)
Burkina Faso’s Council of Ministers has adopted a bill to restore the death penalty, targeting offenses such as treason, terrorism, and espionage, authorities said. “The adoption of this bill is part of reforms … to have a justice that responds to the deep aspirations of our people,” Minister of Justice Edasso Rodrigue Bayala said in a Facebook post. The death penalty was abolished in the country in 2018.

Burkina Faso protests US response to HRW massacre report (May 2024)
Britain and the United States said they were “gravely concerned” a few days after HRW published a report accusing soldiers of killing at least 223 people, including 56 children, in revenge attacks on two villages on February 25. London and Washington jointly urged Ouagadougou to “thoroughly investigate these massacres and hold those responsible to account”. The military rulers of Burkina Faso dismissed the report as “baseless” and suspended a swathe of international news organisations for airing accusations of an army massacre of civilians, including the British BBC and the US Voice of America.

Civil society calls for release of Daouda Diallo abducted human rights defender (December 2023)
A major coalition of West African NGOs demanded the “immediate release” of Daouda Diallo, the Burkina Faso human rights defender abducted in Ouagadougou by men in plain clothes. The organization “demands the immediate and unconditional release of Dr Daouda Diallo, as well as guarantees of his physical and psychological integrity”.

Emergency Law Targets Dissidents (November 2023)
Burkina Faso’s military junta is using a sweeping emergency law against perceived dissidents to expand its crackdown on dissent, Human Rights Watch said. Between November 4 and 5, 2023, the Burkinabe security forces notified in writing or by telephone at least a dozen journalists, civil society activists, and opposition party members that they will be conscripted to participate in government security operations across the country.

NGO says Karma ‘massacre’ death toll is at least 136 (April 2023)
A Burkinabe human rights organization counted 136 civilians, including 50 women and 21 children, killed on April 20 in the village of Karma in northern Burkina Faso by men wearing army fatigues…. In Karma, “they grouped civilians by the dozens and by neighborhoods, taking care to assign armed men to each grouping, with the slogan: ‘Kill everyone,’” said CISC President Daouda Diallo, winner of the 2022 Martin Ennals Prize, the “Nobel Prize” for human rights.

Burkina Faso and Global Fund Launch New Grants to Accelerate Progress against HIV, TB and Malaria (February 2021)

During public demonstrations held on July 1, 2023, CSOs spread the message that “The legitimacy of Captain Ibrahim Traore and his government draws its source from the people of Burkina Faso.” They gathered under what is know as the National Coordination of CSOs of Burkina Faso. These CSOs have unequivocally expressed support to the current regime, and have been supporting the transitional government’s Action Plan (PA-SD) by promoting the project of a new constitution for the country. On other hand, there is another group of CSOs called the National Council of CSOs , which actually “denounced the usurpation of its acronym” by the former, and specifically stated that people should not be concerned with the aforementioned demonstrations organized on July 1, 2023 (both CSOs use the acronym “CNOSC-BF”. Indeed, there currently seem to be two groups of CSOs in Burkina Faso. The latter National Council seems to be more moderate than the former (National Coordination of CSOs), particularly insofar as publicly supporting the government’s actions. However, such a distinction seems not to be irrelevant for the government, which invited CSOs, including the above-mentioned CSO National Council, to a briefing session on the country’s security situation in the context of fight against terrorism. In this briefing, the Minister of Defense decried an “international coalition against Burkina Faso”. All in all, unlike political parties, whose activities have been suspended indefinitely, CSOs remain very active. For example, they participate in public conferences about the transition, capacity building on civic participation, documentation of human rights violations, and public demonstrations as mentioned above.