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Burkina Faso

Capacities of Disciplinary Committees (BF0008)

Overview

At-a-Glance

Action Plan: Burkina Faso Action Plan 2017-2019

Action Plan Cycle: 2017

Status: Inactive

Institutions

Lead Institution: Ministry of Civil service, Employment and social protection

Support Institution(s): All Ministries and institutions, Unions, REN-LAC

Policy Areas

Capacity Building, Justice, Legislation & Regulation

IRM Review

IRM Report: Burkina Faso Design Report 2017-2019

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: No

Relevant to OGP Values: Pending IRM Review

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

What is the public issue for which the commitment is made to address?: Low enforcement of disciplinary measures Inappropriate regulations Submission of a case before the court by the disciplinary board is limited; What is the commitment?: Issues : Improve the efficiency of public service Objective : Improve the functioning of disciplinary boards Result: Disciplinary committees are operational; How this commitment will contribute towardsaddressingthe public issue?: This commitment will allow : Rule properly on disciplinary misconducts Play a deterrent role on possible disciplinary misconducts the public worker would commit Really enforce disciplinary measures brought upon Review of regulations shall take into account the opening of the Submission of a case before the court by the disciplinary board; Why is this commitment relevant in terms of PGO values?: This commitment is relevant because : It justifies the denunciation of culprit officers and reduces laxity in public service for more transparency Line managers shall be motivated to get under way the disciplinary procedure (liability); Additional details: Link with PNDES Link with PSDMA Link with the national anti-corruption policy

IRM Midterm Status Summary

8. Build the capacities of disciplinary committees

Language of the commitment as it appears in the action plan:

“Build the capacities of disciplinary committees”

Issues: Improve the efficiency of public service

Objective: Improve the functioning of disciplinary boards

Result: Disciplinary committees are operational

 

Milestones/Deliverables/Activities:

Review or update regulations on disciplinary committees

Train disciplinary committees’ members

Train or raise awareness of the first officials (central directors, technical directors...) on the procedure of submission of case to the court by the disciplinary committee

Start Date:  November 2017                                                                   End Date:  June 2019

Action Plan is available here

 

Context and Objectives

This commitment addresses the difficulties disciplinary committees face in applying sanctions. Articles 79 and 81 of Law 081 of 2015 governing the framework of civil service define disciplinary committees as advisory bodies for the implementation of disciplinary sanctions due to professional misconduct. [71] In 2011, the Government of Burkina Faso provided disciplinary committee members with training to ensure effective implementation of applicable disciplinary law. [72] Initially, the committees were responsible for sanctioning civil servants not complying with disciplinary provisions, and for solving governmental management and administrative issues through social dialogue. [73] The government provided further training in 2014 to discipline committees within ministerial departments to equip them with tools for applying the applicable disciplinary regime to civil servants. [74]

However, disciplinary committees have faced difficulties. The disciplinary code is inconsistently applied, with a notable gap between the provisions contained in the code and their implementation by the government. [75] The lack of expertise and knowledge of the committee members has led to impunity. [76] Disciplinary committee decisions are perceived as biased, abusive, or too lenient. In some cases, legal errors in either form or substance may nullify decisions. [77] Decisions may be irrelevant or untimely, and only the minister or the president of an institution can submit referrals to the disciplinary committees. [78] To that end, the commitment seeks to make disciplinary committees operational.

This commitment’s activities are aimed at updating legislation on disciplinary committees, and at training committee members and key officials on the procedure for submitting referrals to the disciplinary committees. The government claims that all these activities will improve the effectiveness of public administration.

This commitment is not relevant to any of the OGP values. It could be claimed that the commitment is relevant to public accountability in that the government will support disciplinary committee members with workshops, trainings, and legislation amendments to improve the quality, promptness, fairness, and relevance of sanctions against civil servant misconduct. However, these elements basically constitute an internal accountability mechanism. It does not appear to have any public component. Citizens can not inform or monitor this process.

 

As written, the objectives, expected results, and activities are neither clear nor specific enough to be objectively verified. For example, the commitment does not make an explicit reference of the number of legislative documents subject to actualization. The commitment does not give the number of civil servants to be trained, nor those from the ministries or agencies in question.

If fully implemented, the commitment will not contribute to solving the problem of ineffective disciplinary mechanisms. Therefore, the potential impact for this commitment is graded as minor. While the commitment highlights the inadequate enforcement of disciplinary sanctions, proposes training government officials, and suggests updates to legislation, it doesn’t specify the legislative changes nor describe the critical skills that civil servants need to improve on. Moreover, the government has trained civil servants in the past (2011, 2014) and updated legislation (Law 081 of 2015). This commitment replicates some actions the government has already conducted, which seem to have already proved inadequate.

Also, the commitment does not include any activity to evaluate or track the training workshops of either the disciplinary committee members or the main decisionmakers. This omission makes it hard to assess the effectiveness of this commitment. It remains unclear how the government defines and pretends to assess “operability” in discipline committees.

Next steps

  • This commitment could be improved to measure the impact of training civil servants and to verify they understand how to apply the law.
  • Elaborate on the difficulties disciplinary committee members face to improve commitment design.
  • Readjust activities to make them trackable and verifiable (e.g., the number of civil servants trained, the number of disciplinary committees trained and assessed). Assessments could be conducted periodically.
  • Define criteria for operability, for instance, in terms of number of cases with appropriate sanctions, number of days to issue a sanction, etc.
[71] National Council of Transition (Burkina Faso), Law No 081-2015/CNT (24 Nov. 2015), https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/104109/126863/F1226210917/BFA-104109.pdf. [72] “Disciplinary Committees of Government Public Institutions: members trained to ensure institutions perform well” (Government of Burkina Faso, 29 Mar. 2011). [73] Id. [74] Ebou Mireille Bayala, “Unruly officials: Attention, sanctions will fall!” (News Aouaga, 8 Apr. 2014), http://news.aouaga.com/h/23898.html. [75] Id. [76] Id. [77] Government officials, email from Sidi Barry (Permanent Secretariat of Modernization of Management and Good Governance) to IRM researcher. [78] Id.

Commitments

  1. Implement community policing

    BF0014, 2019, Capacity Building

  2. Awareness-raising about tax compliance

    BF0015, 2019, Subnational

  3. Mining sector transparency

    BF0016, 2019, Beneficial Ownership

  4. Asset declaration reform

    BF0017, 2019, Asset Disclosure

  5. Modernize civil status system

    BF0018, 2019, Capacity Building

  6. Complaint Processing System

    BF0019, 2019, Capacity Building

  7. Access to justice for vulnerable people

    BF0020, 2019, Capacity Building

  8. Socio-economic empowerment for women and youth

    BF0021, 2019, Capacity Building

  9. Increase women's representation in decision-making

    BF0022, 2019, Capacity Building

  10. Popularize the Virtual Counter of Public Administration (GVAP)

    BF0023, 2019, E-Government

  11. Strengthen communication about open government

    BF0024, 2019, E-Government

  12. Sign Protocols of Operations Where Competence Shall Be Transferred to Municipalities and Regions

    BF0001, 2017, Capacity Building

  13. Respect Time Limit Required for Issuing Legal Acts

    BF0002, 2017, Capacity Building

  14. Vulnerable Persons Access to Legal Aid Funds

    BF0003, 2017, Justice

  15. Online Registration for Post-Baccalaureate and Baccalaureate Competitions

    BF0004, 2017, Capacity Building

  16. Registration and Complaints Handling Mechanism

    BF0005, 2017, Capacity Building

  17. Specialized Judicial Areas for Conomic Crimes

    BF0006, 2017, Anti-Corruption Institutions

  18. Citizen Committees to Control Racket in Public Administration

    BF0007, 2017, Anti-Corruption Institutions

  19. Capacities of Disciplinary Committees

    BF0008, 2017, Capacity Building

  20. Virtual Window of Public Administration

    BF0009, 2017, Capacity Building

  21. Right of Access to Public Information and to Administrative Documents

    BF0010, 2017, Legislation & Regulation

  22. Ministry and Public Institution Data in Open Format

    BF0011, 2017, E-Government

  23. Access Information and Citizen Involvement in State Budget

    BF0012, 2017, Capacity Building

  24. Community Dialogue on Local Budget (EDIC)

    BF0013, 2017, Capacity Building

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