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Constitutionality of the Permanent Inter-State Committee for Drought Control in the Sahel (CILSS) on the registration of pesticides

Country/Territory
Burkina Faso
Type of court
National - higher court
Date
Jun 9, 2004
Source
UNEP, InforMEA
Court name
Cour constitutionnelle
Seat of court
Ouagadougou
Judge
Idrissa TRAORE, Anne KONATE, Jeanne SOME, Telesphore YAGUIBOU, Benoît KAMBOU, SAMPINBOGO Salifou, Abdouramane BOLY, Jean Emile SOMDA
Reference number
2004-03/CC
Language
French
Subject
Agricultural & rural development, Legal questions
Keyword
Water shortage/drought
Abstract

The Constitutional Court is asked to review the constitutionality of the common Regulation of the Permanent Inter-State Committee for Drought Control in the Sahel (CILSS) on the registration of pesticides, adopted by the Council of Ministers (resolution n°9/34/CM/99 of 16th December 1999).

The Member States of CILSS adopted a Regulation on the registration of pesticides in 1992. The Sahel Pesticides Committee (CSP), the entity responsible for the application of this Regulation, stated that it was necessary to amend the Regulation in order to ensure that pesticides in Sahel are efficient and do not harm populations and the environment. The resolution was a legal consequence of this statement.
The provisions of the Regulation comply with the Constitution, more specifically with its provisions on the right to health and the right to an healthy environment (art. 26 and 29 Constitution of June 2th 1991).  Consequently the common Regulation complies with the Constitution.

Full text
BURKINAFASO-COURCONSTITUTIONNELLE-20040609-2004CC10JB