VZCZCXYZ0000
PP RUEHWEB

DE RUEHOU #1091/01 3371537
ZNR UUUUU ZZH
P 031537Z DEC 09
FM AMEMBASSY OUAGADOUGOU
TO SECSTATE WASHDC PRIORITY 5860

UNCLAS OUAGADOUGOU 001091 
 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PGOV UV
SUBJECT: BURKINA FASO:  OFFICE OF THE NATIONAL MEDIATOR 
CELEBRATES 15 TH ANNIVERSARY. 
 
SUMMARY:  The Mediator of the Republic is an autonomous 
arbitration institution that helps private citizens settle 
grievances with the government or its institutions. Created 
in 1994, the Mediator is celebrating its 15th anniversary 
this month. The current mediator is Amina Moussou Ouedraogo, 
a well known and highly respected lawyer, judge and 
magistrate.  END SUMMARY. 
 
What is the "mediateur de la Republique" 
-------- ----------------- ------------- 
The institution, created in 1994, will celebrate its 15th 
anniversary in December. Currently presided over by Mrs. 
Amina Moussou Ouedraogo , the "Mediateur de la Republique" is 
an autonomous institution that serves as an arbitrator 
between the government administration and a private citizen 
or private organizations.  The mediator is appointed by 
Presidential decree for a single five year term of office. 
In principle the President consults with the Prime Minister 
and the President of the National Assembly before finalizing 
his choice. The Presidential Decree stipulates that once 
appointed, the Mediator cannot be fired or replaced thus 
guaranteeing his/her independence.  One of the most senior 
ranks of the Government, the Mediator is on paper the seventh 
most important person in Burkina Faso (after the President, 
Prime Minister, President of the National Assembly, President 
of the House of Representatives, President of the Supreme 
Court, and Former heads of State) but in reality though the 
Mediator sits sixth in the order of protocol (since there is 
no President of the House of Representative.) The Mediator 
can, when solicited by the President, takes part in 
negotiations that aim to broadly improve public service, or 
can mediate conflicts between the Government and  single, or 
group of citizens.  Such was the case in 1997 when the 
mediator negotiated the end of the important university 
student strike. 
 
What power does the mediator have? 
------------ -------------- ------- 
The mediator can investigate claims brought forward by a 
private citizen against the Government.  It has the authority 
to request/quasi subpoena information from any government 
office.  It can: 
 
-     Ask any Minister and his/her staff for all 
correspondence and background information required for 
investigation into accusations by a private citizen against 
or involving that ministry. 
-     Require that the mediator be informed of all progress 
in any grievance situation. 
-     Ask a Minister to met out sanctions against a 
recalcitrant employee. 
-     Require that a court decision be applied, and in cases 
where it has not been, ask the President of Burkina Faso to 
ensure that it is. 
-     Suggest legislative and judicial changes that would 
positively impact "common interest" or correct situations 
that are identified as discriminatory. 
 
What can the mediator NOT do: 
--------- -------- ----------- 
-     Force the government to make a specific decision/ruling. 
-     Cancel or change an administrative decision. 
-     Make a court ruling. 
-     Bring financial sanctions against the Government in 
favor of a private citizen. 
 
Example of Mediation Assistance: 
---------- --------- ------------ 
In 1999 a school teacher had written to the Education 
Ministry requesting that his tenure been approved.  His 
letter was lost in the system.  His second letter was sent 
via official channels again to the Ministry of Education, but 
was subsequently lost.  A third letter requesting his tenure 
was logged in as having been received by the Ministry of 
Public Service but was accidentally lost in route to the 
Budget and Finance section.  The school teacher, exasperated 
by the situation, wrote to the Mediator requesting 
assistance.  The Mediator contacted the Ministry and 
instructed that it answer the school teacher and either 
explain why he should not be tenured, or immediately confirm 
his tenure.  Six years after the first letter was sent 
requesting tenure, and in response to the Mediator's 
interest, the teacher was given his tenure.  Although most 
cases are not publicized, the Mediator 's office  registered 
277 cases in 2006, 261 in 2007 and as a result of increased 
visibility logged-in 338 cases in 2008. 
 
The current mediator: Mrs. Amina Moussou Ouedraogo-Traore: 
------------------- ---------------- --------------------- 
In 2005, Presidential Decree Number  2005-185/PRES appointed 
Mrs. Amina Moussou Ouedraogo-Traore  as the Mediator of 
Burkina Faso.  Educated both in Burkina Faso and France 
 
(University degree from the French University of Provence), 
she first became a civil servant within the Ministry of 
Justice in 1979. In 1991, after having served as State 
Prosecutor, Presiding magistrate and Advisor to the High 
Court, she was appointed to the Supreme Court of Burkina 
Faso. She was eventually elected as Vice-President of that 
Supreme Court.  While serving on the court, Mrs. 
Ouedraogo-Traore also taught  at the National School for 
Public Administration (ENAM), at the Police Academy,  and 
other State institutions.  She has been an active member 
and/or founder of associations focusing on women and girls 
rights.  In April 2005, President Compaore named her as the 
third and only woman to serve as Mediator of the Republic. 
Her term of office will conclude in 2010.  She is married and 
has two children. 
HANKINS