A founding member of OHADA and WAEMU, whose Commission and Court of Justice sit in Ouagadougou, Burkina Faso combines civil-law national legislation, uniform OHADA law and WAEMU community law. This page sets out how they fit together, and which prevails in case of conflict.
Select an organization to see its members, or display overlaps with Burkina Faso. The map challenge offers six legal geography questions. The map is in French.
National languages are official; French is a working language
Legal tradition
Civil law (codified law)
Constitution
2 June 1991 (amended)
Business law
OHADA, founding member
Highest courts
Constitutional Council, Court of Cassation, Council of State, Court of Auditors
Currency
CFA franc (XOF), issued by the BCEAO
Regional organizations
7, including the AU and AfCFTA
Burkina Faso at the crossroads of regional organizations
A member of seven organizations, Burkina Faso is subject to complementary legal regimes: uniform business law (OHADA), economic and monetary union (WAEMU, which it hosts), cooperation with its neighbours (Council of the Entente, AES) and shared management of the Niger River (NBA).
OHADA
founding member (1993)
Organization for the Harmonization of Business Law in Africa
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Seat
Yaoundé (Permanent Secretariat) · 17 Member states
Regulatory approach
Uniform Acts directly applicable without transposition: companies, securities, debt recovery, insolvency, arbitration, general commercial law.
Effect in Burkinabe law
Supranationality: Uniform Acts apply notwithstanding any conflicting provision of domestic law, whether earlier or later (Treaty, art. 10).
Court
CCJA (Abidjan): court of cassation for the application of Uniform Acts, in place of the Burkinabe Court of Cassation.
Legal data stakes
Foundation of the LegOmnia database under construction: CCJA case law and Burkinabe decisions applying the Uniform Acts.
WAEMU
founding member (1994); host country
West African Economic and Monetary Union
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Seat
Ouagadougou · 8 Member states
Regulatory approach
Directly applicable regulations and directives to be transposed; common competition policy; CFA franc issued by the BCEAO.
Effect in Burkinabe law
Primacy of community law: regulations apply without any national transposition measure.
Court
WAEMU Court of Justice (Ouagadougou).
Legal data stakes
Regulations, directives and Commission decisions, notably on competition, taxation and banking law.
AU
founding member of the OAU (1963)
African Union
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Seat
Addis Ababa · 55 Member states
Regulatory approach
Constitutive Act and continental conventions (human rights, cybersecurity, data protection), applicable after signature and ratification.
Effect in Burkinabe law
Ratified and published conventions prevail over statutes (Constitution), subject to reciprocity.
Court
African Court on Human and Peoples' Rights (Arusha), within the limits of the ratified protocols.
Legal data stakes
Reference for continental standards, notably on personal data protection.
AfCFTA
State party to the Agreement
African Continental Free Trade Area
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Seat
Accra (Secretariat) · 54 Member states
Regulatory approach
Framework agreement and protocols: goods, services, investment, competition, intellectual property, digital trade.
Effect in Burkinabe law
In case of conflict with a regional agreement, the Agreement prevails, except between states that have achieved deeper integration (art. 19), as within WAEMU.
Court
State-to-state dispute settlement mechanism modelled on the WTO.
Legal data stakes
Monitoring of trade commitments and national implementing texts.
Entente
founding member (1959)
Council of the Entente
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Seat
Abidjan · 5 Member states
Regulatory approach
The oldest regional organization in West Africa: development and security cooperation between five states.
Effect in Burkinabe law
Cooperation agreements subject to the general treaty regime (Constitution).
Court
No community court.
Legal data stakes
A limited corpus, but useful for cooperation projects between neighbouring states.
NBA
member state
Niger Basin Authority
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Seat
Niamey · 9 Member states
Regulatory approach
Joint management of the Niger River basin between nine states: water resources, infrastructure, environment.
Effect in Burkinabe law
Conventions subject to the general treaty regime (Constitution).
Court
No community court.
Legal data stakes
Basin water charter and texts on the management of shared resources.
AES
founding member
Confederation of Sahel States
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Seat
— · 3 Member states
Regulatory approach
Confederation bringing together Burkina Faso, Mali and Niger.
Effect in Burkinabe law
Instruments subject to the general treaty regime.
Court
No operational common court.
Legal data stakes
A body of texts being built up.
Common pitfalls: Burkina Faso is not a member
CEMAC : Economic and monetary union of six Central African states. It also uses a CFA franc, but one issued by the BEAC: Burkina Faso belongs to WAEMU and the BCEAO.
WAMZ : West African Monetary Zone, bringing together six states outside the CFA franc, including neighbouring Ghana. Burkina Faso is not a member.
MRU : Mano River Union, a cooperation organization of Liberia, Sierra Leone, Guinea and Côte d'Ivoire. Burkina Faso is not a member.
OHADA and WAEMU: how they fit together
The eight WAEMU member states, including Burkina Faso, also belong to OHADA. Two bodies of community law therefore apply there at the same time, with distinct scopes but points of contact.
Complementarity
OHADA focuses strictly on legal certainty for business and commercial law, while WAEMU has a broader remit: monetary policy, customs union, financial markets, taxation.
Coexistence and conflicts of norms
In the eight countries belonging to both organizations, collisions can arise between OHADA Uniform Acts and WAEMU regulations or directives, for example in accounting or financial law.
A permanent consultation framework
To avoid conflicts of competence and harmonise their action, a Permanent Consultation Framework has been set up between OHADA and the WAEMU institutions.
The Burkinabe legal order has five levels. OHADA law and WAEMU law hold a special place: directly applicable, they prevail even over a later statute.
Level 1 · supreme norm
Constitution
The Constitution of 2 June 1991 sits at the top of the legal order.
Legal basis : ConstitutionGuardian : Constitutional Council
Level 2 · supranational
OHADA and WAEMU law
OHADA Uniform Acts and WAEMU regulations are directly applicable and prevail over any conflicting provision of domestic law, whether earlier or later. WAEMU directives, by contrast, must be transposed.
Acts of the executive and local authorities, adopted in compliance with statutes. An unlawful regulatory act can be annulled.
Legal basis : Principle of legalityGuardian : Council of State
What about case law? It does not appear in the pyramid, but it shows how each level applies in practice. That is precisely the body of law LegOmnia is working to structure and make accessible.
Test your knowledge
Two interactive exercises: resolve real conflicts between norms, then check what you know about Burkina Faso's regional integration.
The norms referee
Score : 0
Case 1/6
An old national commercial code, predating the Uniform Act, sets a different rule on business leases.
Which norm or court prevails?
Quiz: regional integration
Score : 0
Question 1/15
Must a WAEMU regulation be transposed into Burkinabe law?
Frequently asked questions about Burkinabe law
Is Burkina Faso a member of CEMAC?
No. Burkina Faso is a member of WAEMU (West African Economic and Monetary Union), whose CFA franc (XOF) is issued by the BCEAO, headquartered in Dakar. CEMAC brings together six Central African states, whose CFA franc (XAF) is issued by a different central bank, the BEAC.
Does OHADA law apply in Burkina Faso?
Yes. Burkina Faso is a founding member of OHADA, whose Treaty was signed in Port Louis in 1993. The Uniform Acts are directly applicable there without transposition, notwithstanding any conflicting provision of domestic law, whether earlier or later (OHADA Treaty, art. 10).
Which court rules in cassation on OHADA law?
The Common Court of Justice and Arbitration (CCJA), based in Abidjan. It rules in cassation on the application of the Uniform Acts, in place of the Burkinabe Court of Cassation (Treaty, art. 14), and its judgments are enforceable in all member states (art. 20).
What is the status of international treaties in Burkinabe law?
The Constitution gives duly ratified and published treaties authority superior to statutes, provided the other party applies them. OHADA law and WAEMU law, being directly applicable, also prevail over conflicting domestic law.
Which regional organizations does Burkina Faso belong to?
Burkina Faso is a member of seven organizations: the African Union, the AfCFTA, OHADA, WAEMU, the Council of the Entente, the Niger Basin Authority and the Confederation of Sahel States (AES). It is not a member of CEMAC or the WAMZ.
Where does LegOmnia stand on Burkinabe law?
This is one of our priority jurisdictions and its integration is under way. We are building coverage step by step: OHADA law, shared by the 17 member states, is the foundation, progressively enriched with texts and case law specific to Burkinabe law. People on the waitlist will be the first to hear about each new milestone. OmniScan can already be deployed there today to digitise and index legal document collections.
Burkinabe law, soon at your fingertips
Join the waitlist to be among the first to access LegOmnia legal research on Burkina Faso and the OHADA area.
Educational summary; it does not constitute legal advice. References: Constitution of 2 June 1991, OHADA Treaty (arts. 10, 14, 20), WAEMU Treaty, AfCFTA Agreement (art. 19). Memberships as of October 2026.
Jurisdiction · West Africa