Burkina Faso: The ALT adopts the law enshrining the political and trade union neutrality of traditional chieftaincy

The bill concerning the status of customary and traditional chieftaincy in Burkina Faso was unanimously adopted on January 14, 2026, by the Transitional Legislative Assembly (ALT). The customary and traditional chieftaincy, as an entity, encompasses those who hold customary and traditional authority in kingdoms, emirates, cantons, and villages. Kings and their ministers, emirs, canton chiefs, village chiefs, land chiefs, and religious leaders are recognized as customary or traditional chiefs.

This bill is based on the Stabilization and Development Action Plan (SDAAP). It introduces major innovations. First, it establishes the necessary tools for integrating customary and traditional institutions into the national legal framework. Second, it addresses areas that were previously subject to a legal vacuum.

The Minister in charge of Territorial Administration welcomed the adoption of this bill. “Customary and traditional chieftaincy is a rather old institution in our country. It has participated in all stages of the building of our nation. But for a very long time, it was left to the discretion of the prince, that is to say, the executive branch. We believe that it is a complementary role. Within the framework of the administration of our territory and also the management of our country, it was also good to take it into account, if only in the legal framework, to allow it to exercise its functions properly and to participate in consolidation ,” he declared.

Enhancing the role of chieftaincy

It appears that this bill encourages the entire country to commit to creating an environment conducive to addressing local social realities; a framework for the full participation of customary and traditional leaders in the harmonious development of the nation. It also incorporates the full recognition of the role of customary and traditional leaders in general, and that of customary and traditional chiefs in particular, in collaboration with public authorities and other development stakeholders.

“We are at the time of the Revolution. These leaders are already involved in a number of actions. They are participating in efforts to resolve a number of conflicts at the local level. They have been involved for a very long time in resolving crises, even those of a larger scale. So, we are not going to ask anything else of them. It is to persevere in this mission which is naturally entrusted to them ,” added Émile Zerbo.

Provisions on self-proclamations and sanctions

Upon the entry into force of this law, the various customary and traditional entities have a transitional year to independently codify their rules for the transfer and loss of power within their respective chieftaincies. These codes will be transmitted to the heads of the relevant administrative districts.

This new law provides for the establishment of a coordinating structure for customary and traditional chieftaincy, along with a code of conduct for customary and traditional chiefs. A register of customary and traditional chiefs will also be created, with registration contingent upon the establishment of official records of their appointment, enthronement, or investiture.

These reports must be sent to the territorially competent administrative authority within one month. Upon receipt of the report, this administrative authority will acknowledge it by decree within two months.

Operation in accordance with the principles

This register of customary and traditional chiefs will be maintained and updated by the ministry in charge of Customary and Traditional Affairs. A copy will be made available to the coordinating body for customary and traditional chiefs.

It is clear from the text of this bill that no one can be a customary or traditional chief unless he is designated, enthroned or invested according to the forms of devolution established by the customary and traditional rules of his community.

This law stipulates that customary and traditional chieftaincy operates in accordance with the principles, rules, and procedures in force within each community. Therefore, when it is established that a customary or traditional chief has been appointed or installed in violation of the aforementioned provisions after their registration in the register of customary and traditional chiefs, they are removed from said register.

Penalties are planned in the event of self-proclamation

Similarly, any customary or traditional authority that knowingly appoints a customary or traditional chief who has been deposed by another competent customary and traditional authority incurs the loss of the benefits and privileges associated with the status of customary or traditional chief.

Furthermore, this law punishes with a prison sentence of three months to three years and a fine of one million (1,000,000) to five million (5,000,000) CFA francs any person who, without being duly appointed, installed, or invested, proclaims themselves a customary or traditional chief. The same applies to anyone who is an accomplice or instigator of someone who self-proclaims themselves a customary or traditional chief.

The text of this bill also stipulates that the functions of customary and traditional chief are incompatible with membership in a political party or trade union, candidacy in elections, or the exercise of any political or trade union activity. According to this law, a customary chief who wishes to engage in political or trade union activity must relinquish his titles and functions.

Furthermore, according to this law, customary and traditional chieftaincies must respect the republican form of government and its secular nature, as enshrined in the laws and regulations in force. Any customary or traditional chief who opposes these provisions risks being removed from the register of customary and traditional chiefs, with the loss of the benefits and privileges associated with that status.