The Burkinabe government towards restorative justice...

The Burkinabe government has taken a major step in the development of its judicial system by adopting, last Thursday, a draft law establishing “criminal mediation”. This initiative aims to offer an alternative to legal prosecution by promoting reconciliation between the parties involved.

According to the Minister of Justice, Rodrigue Bayala, this approach now requires the Public Prosecutor to first attempt mediation between the alleged offender and the victim. “Before starting legal proceedings, the prosecutor must consider if it’s possible to reconcile the parties through alternative mechanisms”, he explained. This draft law, which adapts the Code of Criminal Procedure to the Constitution and related texts, reflects a desire to humanize the Burkinabe justice system. It is also part of a broader effort to ease the burden on courts while promoting long-term solutions to conflicts.

Criminal mediation offers several benefits. It allows for quick resolution of disputes while preserving social relationships and reducing the costs associated with lengthy and complex legal procedures. It also focuses on repairing harm, benefiting both the victim and the alleged offender by raising awareness of the actions committed and avoiding a criminal record.

However, this innovation comes with conditions. Criminal mediation will only be considered for minor offenses and requires the mutual consent of both parties. If mediation fails, the traditional judicial process can still be used. With this reform, Burkina Faso aligns itself with modern restorative justice practices, adopted by many countries to meet the needs of societies seeking social peace and judicial efficiency.

This project reflects the Burkinabe authorities’ desire to build a more accessible and inclusive justice system, where dialogue takes precedence over legal confrontation. It has been praised by many as an appropriate response to the country’s social and cultural realities.