How Burkina Faso Is Rewriting the Law for a Militarized Presidency

 The Death of the Ballot, the Rise of the Bayonet

In the heart of West Africa, Burkina Faso once a vibrant if fragile democracy is undergoing a legal metamorphosis. The nation is no longer defined by constitutional transitions or multiparty elections. Instead, it now operates under the firm grip of a military regime led by Captain Ibrahim Traoré. Since assuming power in a 2022 coup, Traoré has led the country down a path that systematically erodes democratic institutions, redraws constitutional boundaries, and repositions the presidency as a de facto military stronghold. The shift is not merely political it is deeply legal.

This article offers a thorough examination of how constitutional instruments, decrees, and transitional charters are being used or rather, manipulated to cement a long-term military presidency in Burkina Faso.

I. From Coup to Constitutional Control: A Timeline of Legal Capture

The 2022 Military Takeover

In September 2022, Ibrahim Traoré, then a little-known military captain, led a coup that ousted Lt. Col. Paul-Henri Sandaogo Damiba, citing security failures amid a jihadist insurgency. As is often the case in such power seizures, the new junta promised a transitional process leading to elections.

The 2023 Transitional Charter

Initially, the Traoré-led junta committed to a 24-month transition ending in 2024. However, by September 2023, a new transitional charter was promulgated, effectively restarting the transition clock and allowing Captain Traoré to extend his stay in power until July 2029.

The transitional document was drafted and adopted through so-called “national consultations” that lacked wide participation from political parties and civil society. The Charter now serves as Burkina Faso’s supreme legal framework, replacing the 1991 Constitution in substance if not formally.

II. The Dissolution of Institutional Checks

Targeting the Electoral Commission

On July 17, 2025, the ruling junta dissolved the Independent National Electoral Commission (CENI), citing “ineffectiveness” and the need to “restore public confidence.” In its place, electoral management authority was transferred to the Ministry of Territorial Administration an executive body directly controlled by the junta.

This action eliminates a critical safeguard: the independent arbiter of elections. What remains is a system where the military controls both the rules and the referees.

Erosion of Judicial Oversight

While the judiciary has not been officially dismantled, its power has been largely symbolic. There is little to no public record of judicial review against the junta’s decrees, and no legal challenge has successfully overturned any of the transitional measures. Legal experts in Ouagadougou have pointed to increasing intimidation against lawyers and civil society figures who question the legality of the transition process.

III. The Legal Strategy of Authoritarianism

What is unfolding in Burkina Faso is not lawlessness it is rule by law, not rule of law. The legal tools being used include:

• Decrees issued by the junta council, functioning as executive legislation.

• Transitional charters that suspend or override constitutional norms.

• Consultative forums with handpicked participants to create the illusion of inclusion.

• Legal ambiguity, particularly regarding the eligibility of the junta leader to contest future elections.

This methodical reshaping of the legal and political terrain bears resemblance to strategies employed by other post-coup governments in Mali, Guinea, and Niger.

 Regional & International Responses: Barking Without Biting?

ECOWAS & AU Silence

Once a defender of constitutional order, ECOWAS (Economic Community of West African States) has largely remained muted, following the trio of coups across Burkina Faso, Mali, and Niger. Its legal leverage has diminished as these three countries have formally exited ECOWAS, rendering regional treaties and protocols ineffective.

The African Union’s Lomé Declaration (2000) condemns unconstitutional changes of government, yet its implementation mechanisms lack teeth. No sanctions or diplomatic actions of significance have been imposed on the Traoré regime since 2024.

France and the International Community

France, a historical partner and former colonial power, has shifted from military engagement to diplomatic caution, especially after the nationalization of French uranium assets and increasing anti-French rhetoric from the Burkinabé government.

 What’s at Stake: The Future of Constitutionalism in West Africa

The legal engineering underway in Burkina Faso raises deeper concerns:

• Precedent: Other military regimes may adopt similar legal blueprints to entrench power.

• Democratic fatigue: Populations disillusioned with civilian governments may welcome military order without demanding democratic oversight.

• Legal irrelevance: If law becomes a mere tool of power, it loses its function as a check on authority.

Burkina Faso is at a constitutional crossroads not because it lacks laws, but because it is weaponizing them.

 A Mirage of Legality

Captain Ibrahim Traoré’s government may claim it operates within the bounds of law, but in truth, it constructs legal frameworks to legitimize military rule. The dissolution of independent institutions, prolonged transition timelines, and centralization of electoral power all serve one end: to secure a militarized presidency under the guise of national security and political stability.

In the language of law, the rule of law has become the rule of power. And unless Burkina Faso’s regional and domestic legal actors reassert constitutional authority, the transition from coup to charter may become a permanent state.

READ RELATED ARTICLES: The War on Traoré and Africa’s Struggle for Sovereignty