LEGAL FRAMEWORK FOR INVESTMENT

The Presidential Council for Investment

LEGAL FRAMEWORK FOR INVESTMENT

Burkina Faso has a favourable investment environment governed by a set of standards and regulatory texts. In order to improve the protection of investors’ fundamental rights, Burkina Faso has:

  • The revision of the entire legislative and regulatory framework for investments (investment codes, mining codes);
  • Strengthening the rights and guarantees granted to investors;
  • The improvement of land security with the revision of the law on Agrarian and Land Reorganisation (RAF) and the adoption of the law on Rural Land;
  • The improvement of labour legislation: adoption of a labour code guaranteeing freedom of employment and dismissal;

At the international level, it has joined OHADA since 1998 with the objective of remedying legal and judicial uncertainty.

It has also acceded to the main investment protection and guarantee treaties (MIGA, ICSID, UNCITRAL, ICC, CCJA of OHADA, EITI, etc.) and signed numerous bilateral and multilateral investment protection agreements with several countries. These conventions and treaties enshrine:

  • Guarantees of investments against political risks or non-commercial risks, in particular the risks of expropriation, nationalisation, war, social unrest;
  • Political interference in the performance of commercial contracts; and
    the right to freely use international dispute resolution mechanisms in the event of conflicts.