In Dialogue with Burkina Faso, Experts of the Human Rights Committee Commend Electoral Quotas for Women, Raise Issues Concerning Alleged Human Rights Violations by Homeland Defence Volunteers and Potential Reinstatement of the Death Penalty
The Human Rights Committee today concluded its consideration of the second periodic report of Burkina Faso on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending electoral quotas promoting women’s representation, while raising issues concerning impunity for alleged human rights violations committed by the Homeland Defence Volunteers, and the potential reinstatement of the death penalty.
A Committee Expert welcomed the 2009 law on electoral quotas, which increased the quota for the representation of women in legislative and municipal elections from 30 to 50 per cent. However, a 2020 law retained a 30 per cent quota; were there plans to amend it?
A Committee Expert said there seemed to be impunity for violations committed by the special forces and Homeland Defence Volunteers. How was the State party pursuing accountability? Another Expert said State legislation granted self-defence militia a role in overseeing security and questioning suspects. How was the State party preventing self-defence militia from carrying out law enforcement activities?
One Expert said the Committee was deeply concerned by reported plans to reintroduce the death penalty in Burkina Faso. Could the delegation clarify whether Burkina Faso was committed to abolishing the death penalty? How was the potential reinstatement of the death penalty aligned with the State’s Covenant obligations?
Responding to questions, the delegation said a law was implemented in 2020 that regulated quotas for women’s representation in elections, but it had since been revised. Some 23 per cent of Government staff were women and there were five women ministers out of 23, while 27 per cent of Governors and 33 per cent of embassy staff and ambassadors were women.
The State party did not agree with the Committee’s use of the term “self-defence militia”, the delegation said, which was not in line with reality. Burkina Faso was facing an extraordinary security situation; security forces were reacting to neutralise terrorists. There were no militias, only Homeland Defence Volunteers, who were under the aegis of the security forces. State officials were not involved in the disappearances of persons; only terrorists were. Persons who committed violations were brought before the justice system.
The delegation said Burkina Faso had a sovereign right to decide on the imposition of the death penalty. As the country most affected by terrorism worldwide, the State was most concerned with restoring peace and defending citizens’ rights. The death penalty existed in State legislation, such as in the military code, but there was a de facto moratorium on it. There were plans to restore the death penalty to deter crimes of terrorism.
Edasso Rodrigue Bayala, Minister of Justice and Human Rights, Keeper of the Seals and head of the delegation, said Burkina Faso was determined to implement civil and political rights, despite the terrorist attacks faced by the country. The State had undertaken several institutional and legislative reforms to ensure citizens could better enjoy their rights, strengthening public institutions and structures responsible for promoting human rights.
In concluding remarks, Mr. Bayala thanked the Committee for the high-quality dialogue. The Government remained deeply committed to the respect of human rights and would closely heed any recommendations made by the Committee. The stabilisation undertaken by Burkina Faso was essential to bringing about lasting peace and development, and international partners were called on to support these efforts.
Changrok Soh, Committee Chairperson, in concluding remarks, expressed appreciation for the constructive dialogue, and thanked all those who had contributed. The discussions had covered a range of topics related to the Covenant, he said.
The delegation of Burkina Faso was made up of representatives of the Presidency of Burkina Faso; Ministry of Justice and Human Rights; Ministry of Humanitarian Action and National Solidarity; Ministry of Defence and Veterans Affairs; Ministry of Security; Ministry of Foreign Affairs, Regional Cooperation and Burkinabe Abroad; and the Permanent Mission of Burkina Faso to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-third session is being held from 3 to 28 March 2025. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. this afternoon, Thursday 6 March to begin its consideration of the second periodic report of Zimbabwe (CCPR/C/ZWE/2).
Report
The Committee has before it the second periodic report of Burkina Faso (CCPR/C/BFA/2).
Presentation of the Report
SABINE BAKYONO KANZIE, Permanent Representative of Burkina Faso to the United Nations Office at Geneva, said through the dialogue with the Committee, Burkina Faso sought to renew its commitments to the rules and principles embodied in the Covenant. The delegation would tackle key issues, focusing on what the Government had done to strengthen the institutional and regulatory framework.
EDASSO RODRIGUE BAYALA, Minister of Justice and Human Rights, Keeper of the Seals and head of the delegation, said Burkina Faso was determined to implement civil and political rights, despite the terrorist attacks faced by the country. The State had undertaken several institutional and legislative reforms to ensure citizens could better enjoy their rights. Over the reporting period, the normative framework for the protection of civil and political rights had evolved, with the adoption of laws on the functioning of the High Council for Communication, the conditions of entry and residence of foreigners on national territory, the administration of community service, and the Homeland Defence Volunteers, as well as the 2024 amendment to the Constitution.
The Government had strengthened public institutions and structures responsible for promoting and protecting human rights. The staff and budget of the National Human Rights Commission had been strengthened, and the National Mechanism for the Prevention of Torture was operationalised. In 2023, the Government created a framework for consultation, monitoring and early warning of cases of alleged human rights violations and abuses, relating to the fight against terrorism, and an interministerial working group to implement the framework. Judicial units specialised in economic and financial crimes and organised crime were created within the Ouaga 1 and Bobo Dioulasso High Courts, and a unit specialised in terrorism cases was created within the Ouaga II High Court.
Burkina Faso attached great importance to the contribution of civil society organizations. It adopted Law No. 039 on the protection of human rights defenders in 2017, which guaranteed the right of individuals and associations to promote and protect human rights and fundamental freedoms. More than 500 young human rights defenders from areas affected by the security crisis were trained between 2020 and 2022.
After the report was tabled, the State party had trained 627 supervisors and trainers of the Homeland Defence Volunteers, and sensitised more than 32,000 volunteers and armed force members on the protection of human rights in the fight against terrorism. It had also held trials of terrorism cases in 2023 and 2024, in which 151 people were convicted and 95 acquitted, and held empty case files operations in January 2025, which made it possible to adjudicate 4,200 cases that had been pending for several years.
To effectively combat terrorism, major legislative, institutional and operational reforms of the armed forces had been carried out. Legal advisers had been established within each armed forces unit. To guarantee the protection of the population and their property against the terrorist threat, the Government established a “state of ready alert” for a period of 12 months in April 2023, duly notifying the Secretary-General of the United Nations.
A trial to establish responsibility regarding the death of former President Thomas Sankara was concluded in 2022 with the conviction of 14 people and compensation for the beneficiaries. Regarding the Norbert Zongo case, the Government had implemented the judgment of the African Court on Human and Peoples' Rights on reparations to family members and others, providing 233,135,409 CFA francs in compensation.
To combat prison overcrowding, several measures had been adopted, including a 2024 law on community service, and the revision of the Code of Criminal Procedure, to improve the efficiency of the Burkinabe justice system.
Regarding the fight against money laundering and the financing of terrorism, Burkina Faso had developed a new strategy with an action plan for 2021-2025. Structures such as the Supreme Authority for State Control and the Fight against Corruption had strengthened awareness-raising on corruption and internal controls of public structures. From 2022 to 2024, the Supreme Authority had sent 141 cases to the Public Prosecutor's Office, 31 of which had already been tried.
The Government had undertaken a review of the Code of Persons and the Family, aiming to harmonising the minimum legal age of marriage for men and women. The draft Code had been transmitted to the Transitional Legislative Assembly for adoption.
Burkina Faso was committed to freedom of the press and of opinion, freedom of assembly and the right to information. However, these freedoms were not absolute and needed to be exercised in compliance with the law. Restrictions could be imposed by the Government on the exercise of these freedoms in accordance with international commitments. To enable journalists and media outlets to adapt to the security context, the Government was providing training, information and awareness-raising activities on crisis-sensitive journalism.
Despite the progress made, the security and humanitarian challenges that Burkina Faso had been facing for several years were a major concern. Citizens were fighting with bravery and dignity for the total eradication of terrorism. The State was calling for more solidarity and support from the international community.
Questions by Committee Experts
A Committee Expert noted the State party’s substantial legislative and institutional machinery, set up despite the challenges faced in the State. What measures were in place to ensure respect for the State’s human rights commitments and implementation of the Committee's recommendations? Since the last review, the security and humanitarian situation had deteriorated considerably in the State party. According to the 2024 Global Terrorism Index report, “for the first time, Burkina Faso had become the country most affected by terrorism globally”.
The Committee noted with satisfaction that the Constitution conferred on international treaties and agreements that the State party had ratified or approved a binding nature and supra-legislative authority. Efforts had been made by the Government to disseminate the provisions of the Covenant. Could the State party provide examples of cases where national courts had invoked the provisions of the Covenant? What legislation had been harmonised with the Covenant and relevant recommendations in the previous concluding observations? Did Constitutional revisions strengthen civil and political rights?
A trial had been held regarding the death of former President Thomas Sankara. Could the State party provide information on this trial and the designation of an official burial site?
Why had the national preventive mechanism against torture been included within the National Human Rights Commission? What were the outcomes of its activities? Could data be provided on complaints received by the Commission? What sanctions were issued to the perpetrators of violations? What had the Commission done to ensure proper implementation of the law on the protection of human rights defenders? What measures had the State party taken to ensure that the Commission could recover its accreditation with the Global Alliance of National Human Rights Institutions?
Another Committee Expert requested more information on measures taken to ensure accountability for all persons who committed violations against former President Thomas Sankara and Norbert Zongo. Why had the High Council for Reconciliation and National Unity, which had investigated historic human rights violations occurring since the 1960s, been disestablished? Had all its investigations been closed and did they lead to criminal sanctions?
There had been an upsurge in human rights violations committed in the State since 2019 by different actors, including terrorist groups, non-State and military actors. What measures were in place to raise awareness of human rights and international humanitarian law? There seemed to be impunity for violations committed by the special forces and the Homeland Defence Volunteers. How was the State party pursuing accountability? What transitional justice measures and human rights education measures were in place?
The State party had not withdrawn or renewed the state of emergency established in 2019. Such states of emergency needed to respect basic rights; the right to individual freedoms could not be subject to exemptions. Serious violations had occurred in the context of the fight against terrorism, including extrajudicial killings, enforced disappearance and torture. How could the derogatory legal framework in place today be reconciled with the Covenant? When would the state of emergency be ended?
Martial rape was prohibited in the State party. Were there any awareness raising campaigns in place to inform the public of the prohibition, and to prevent patriarchal stereotypes and violence against women? There was an environment of impunity for violence against women in the State party. What investigations had been carried out into violence against women, including sexual violence against displaced women?
One Committee Expert said Burkina Faso had acceded to the United Nations Convention on Corruption in 2006, and to the African Union Convention on Corruption in 2005. In 2017, the State adopted a law on the prevention of corruption. Despite the efforts of the State party, however, Burkina Faso had high rankings on global corruption indices. What measures were in place to investigate and prevent corruption? What support did the State provide to the national committee monitoring corruption, which was reportedly encountering financial difficulties?
The Expert welcomed the 2009 law on electoral quotas, which increased the quota for the representation of women in legislative and municipal elections from 30 to 50 per cent. However, a 2020 law retained a 30 per cent quota; were there plans to amend it? What measures were in place to increase the representation of women in leadership positions in public and private institutions? There were customary practices that were discriminatory to women in Burkina Faso. How did legislation prevent these practices?
Parliament was reportedly yet to adopt draft legislation that would establish the legal minimum age for marriage of men and women at 18 years, and to prohibit polygamy. When would this be adopted? What measures were in place to prevent polygamy and raise awareness of its harms? The Committee was concerned by the continued prevalence of female genital mutilation, despite its prohibition in 1996. What measures were in place to implement the prohibition and to combat stigmatisation and violence against women who were accused of witchcraft?
State legislation granted self-defence militia a role in overseeing security and questioning suspects. How was the State party strengthening the presence of security forces across the country and preventing self-defence militia from carrying out law enforcement activities? Was the State party investigating violations by these militia?
Another Committee Expert said that the Committee welcomed that the State party had adopted legislation prohibiting discrimination, but certain vulnerable groups were not offered protection. Was the State party planning to adopt a comprehensive legal framework that clearly defined direct and indirect discrimination, and discrimination based on sexual orientation, gender identity and disability? What measures were in place to provide reparations for victims of discrimination, sanction discriminatory speech in the online space, and prevent discrimination against persons with albinism? Could the delegation provide information on reforms to the law on the family and their impact on lesbian, gay, bisexual, transgender and intersex persons?
One Committee Expert welcomed recent amendments to the Criminal Code, which allowed for abortion up to 14 weeks of pregnancy, in cases of rape or incest. However, social and cultural attitudes stigmatised women who sought abortions and there were barriers to obtaining legal abortions, pushing women to seek unsafe, clandestine abortions. How was the State party addressing these issues? The Expert welcomed the marked increase in free family planning services and contraception, but noted that cultural and other barriers continued to prevent access to contraception and family planning services. How would these issues be addressed?
The Committee was deeply concerned by reported plans to reintroduce the death penalty in Burkina Faso. Could the delegation clarify whether Burkina Faso was committed to abolishing the death penalty? The State party had not taken substantial steps to ratify the Second Optional Protocol to the Covenant. What was the status of the ratification process?
Responses by the Delegation
The delegation said the State party did not agree with the Committee’s use of the terms “armed non-State groups” and “self-defence militia”, which were not in line with reality. Burkina Faso was facing an extraordinary security situation. There were no non-State armed groups, only terrorist groups. There were also no militias, only Homeland Defence Volunteers, who were under the aegis of the security forces. State officials were not involved in the disappearances of persons; only terrorists were. Security forces were reacting to neutralise terrorists. In some cases, persons reported as having been disappeared were in fact terrorists. Persons who committed violations were brought before the justice system.
The death penalty existed in State legislation, such as in the military code, but there was a de facto moratorium on it. There were plans to restore the death penalty to deter crimes of terrorism.
Reform of the Constitution had been stalled due to the security situation, with work to resume when the security situation had improved.
The Government had strengthened protection against human rights violations in 2023. Victims of such violations had the right to report them to competent State bodies and the National Human Rights Commission. Legislation adopted in 2016 and 2017 defined the Commission’s mandate. Since 2022, the Commission had had its own budget, and its staff had recently been increased. It was aligned with the Paris Principles.
Legal amendments in 2021 appointed the National Human Rights Commission as the national preventive mechanism for torture; it was currently operational and conducting activities across the country. The mechanism had been conducting awareness raising campaigns and workshops on preventing torture and had held commemorations for the victims of torture.
The State party planned to raise the legal age of marriage to 18 years for men and women. All citizens were equal before the law in Burkina Faso. The State party had conducted awareness raising activities to boost social cohesion and prevent discrimination.
In 2023, the State party submitted a letter to the United Nations Secretary-General notifying him of the state of emergency. The state of emergency provided for no exemptions to basic individual freedoms. The Constitution stated that all citizens could invoke all international treaties ratified by Burkina Faso before the courts. Several members of the judiciary had received training on international treaties ratified by the State party, including the Covenant.
The remains of former President Thomas Sankara and his murdered colleagues had been buried and these persons had been given the status of “national heroes”. Compensation had been granted related to the case of Norbert Zongo, although this case was still before the courts.
All forms of discrimination were prohibited under State law and victims of discrimination could plead their cases with the competent authorities. The Penal Code stipulated that discrimination based on specific characteristics was prohibited, when it aimed to infringe on rights. Public speech inciting violence or hatred against a person or group on any grounds could be punished with up to three years imprisonment. There were legal provisions prohibiting discrimination by employers in relation to hiring and dismissals, and defamation against any group by the press. There was also legislation protecting persons with disabilities from discrimination. Employers could not reject applications from persons with disabilities on the grounds of their disability.
A law was implemented in 2020 that regulated quotas for women’s representation in elections, but it had since been revised. Some 23 per cent of Government staff were women, while 33 per cent of embassy staff were women, and 27 per cent of Governors were women.
Burkina Faso had comprehensive care shelters for women victims of violence in three locations. The Penal Code issued penalties of imprisonment and fines for persons who accused women of witchcraft. The State party had assisted around 30 women accused of witchcraft to return to their family environment in 2024. There was a national strategy and action plan for eliminating female genital mutilation; close to 250 persons had been prosecuted for the crime of female genital mutilation in recent years. Various projects had been financed throughout the country to promote women’s access to land; these had helped to increase the share of land held by women.
Burkina Faso provided food aid, shelter and psychosocial support for internally displaced persons. The State had established a plan spanning 2023 to 2027 for supporting internally displaced persons.
Abortions could be carried out by authorised doctors if there was a threat to the life of the mother. The State party had established a national action plan on family planning, which sought to increase access to contraception.
The High Council for Reconciliation and National Unity had been abolished and another body had been established to continue its mission.
Volunteer forces were military personnel, and therefore needed to abide by State legislation and all international treaties to which Burkina Faso was a party. They did not enjoy impunity. When they committed violations, they could be expelled from the security forces. Legal texts regulated the mobilisation of volunteer forces, which were helping to recover land nationwide and put an end to terrorist attacks. Reforms were being implemented to promote better coverage of the territory by security forces. The State could not overcome terrorism without the help of citizens. From 2016 to 2024, over 285 members of self-defence forces were prosecuted and issued with sanctions.
There were State bodies that were working to prevent corruption and investigate complaints of corruption, including corruption within the security forces. Legislation on money laundering, financing terrorism and proliferating weapons of mass destruction had been implemented. In 2024, 81 cases of violations under this legislation had been investigated.
The state of emergency was not in force as of October 2023, demonstrating that the security situation in the country had improved. The state of emergency had been implemented to combat the upsurge in terrorist acts and to bring back peace in the country.
Burkina Faso attached great importance to the contributions of human rights defenders and had implemented several initiatives to create an enabling environment for them. The law on human rights defenders mandated the State to set up a protection mechanism for human rights defenders and their family members; this was now operational.
The Government was committed to freedom of the press. However, hate speech and incitement to violence was not acceptable and some members of the press had been sanctioned for such activities.
Persons with albinism had preferential access to State health and educational services.
Burkina Faso was committed to combatting and ending female genital mutilation both within and outside its territory. In the Human Rights Council, the State promoted resolution 50/16, which addressed female genital mutilation internationally.
The State party was waging a complex battle against terrorists and their accomplices, who sometimes sought to hijack human rights issues. These persons could have given the Committee unreliable information.
Follow-Up Questions by Committee Experts
One Committee Expert called on the State party to prove that the information submitted by civil society lacked substantiation. The Expert said that the only official notification received by the Secretary-General related to the state of emergency dated back to 2019. Had a letter been sent concerning the most recent state of emergency? The powers granted to the military in this state of emergency seemed to still be in force; was this the case?
Other Committee Experts asked follow-up questions on the membership of the national preventive mechanism against torture, the resources available to it, and its powers to visit places of depravation of liberty; measures to ensure that existing laws were consistent with the Covenant; how human rights defenders were involved in the drafting of treaty body reports and whether there was a dedicated mechanism for the drafting of reports.
Questions were also asked on measures to ensure that informal counter-terrorism actors did not abuse their powers; how the State party implemented anti-discrimination legislation to protect the rights of vulnerable persons; how the State party would guarantee access to justice for persons with disabilities and other vulnerable groups who were discriminated against; the number of discrimination complaints investigated by the State party; the State party’s legal stance on same-sex relations; measures to prevent marital rape; how the potential reinstatement of the death penalty aligned with the State’s Covenant obligations; and plans to remove administrative barriers to accessing abortions.
Responses by the Delegation
The delegation said it could not provide information about issues that did not exist, such as self-defence militias. The Homeland Defence Volunteers had a legal basis, and volunteers were recruited according to specific moral criteria. They were overseen by the military police and other defence forces.
Burkina Faso had a sovereign right to decide on the imposition of the death penalty, which could act as a deterrent to terrorism crimes. Burkina Faso had a duty to uphold the Covenant but was facing an existential crisis. It was the country most affected by terrorism worldwide. The State was most concerned with escaping this situation, restoring peace and defending citizens’ rights. It had eliminated the death penalty within common law.
The Constitutional Court had invoked the Covenant in two cases. The national preventive mechanism against torture was established in 2014 but had faced financial difficulties. In 2021, the decision was made to incorporate the mechanism within the National Human Rights Commission to ensure its access to financing. It worked separately from the Commission, overseeing prisons, police holding facilities and other places of detention. It had also held workshops throughout the country to inform the public about its activities.
The state of emergency was no longer in force, but the State party still needed to ensure security across the country. Thus, following advice from the Constitutional Court, the State party had declared a “state of ready alert”, which gave the State the power to control the supply of resources and restrict certain rights, pursuant to the law.
There was a plan of action in place for the promotion of human rights education and civic duty. A study had been conducted into the alignment of the State’s legislation with Covenant provisions; the recommendations of this study were currently being implemented. There was a specialised body established within the State party to draft reports for the treaty bodies and oversee implementation of their recommendations.
In cases of rape or incest, if public prosecutors granted permission, women could conduct abortions within the first 14 weeks of pregnancy. In cases of repeated marital rape, fines were imposed on the perpetrator. The Government was conducting an awareness raising campaign on preventing marital rape.
In March 2020, a decree was adopted for an action plan up to 2024 for human rights education within school syllabuses and educational training centres. This action plan made it possible to provide training, awareness raising and information session to the public, civil society organisations and defence forces. Some 232 courses in human rights were organised. An action plan for 2025-2029 was currently being developed to continue this work.
Burkina Faso had established traditional dispute mechanisms, including mediation. There had been more than 4,000 complaints of violence against women in 2023 and more than 5,000 in 2024. Access to justice was guaranteed for everybody, including those with disabilities.
Questions by Committee Experts
A Committee Expert asked how the mechanism for the prevention of torture worked in practice. Could it visit places of deprivation of liberty unannounced and meet detainees without the presence of a police officer or guard? Were requests from the authorities followed up? Was the Human Rights Commission’s annual report widely disseminated to the authorities concerned? Torture was prohibited, as was the use of confessions under torture, however accused officials had told the courts that confessions had been extracted from them by police. Could the delegation provide examples of cases in which the rule of exclusion of evidence obtained under torture had been applied by the courts?
The judicial reforms of 2023 and 2024 had significant effects on the functioning of the justice system, some of which were potentially problematic, even dangerous, including the modification of the High Council of the Judiciary to increase the share of non-magistrate members to 50 per cent, and the submission of the Public Prosecutor's Office to the authority of the Minister of Justice. It appeared that it was up to the Minister, in practice, to appoint, assign and sanction judges, which risked undermining the independence of judges. There also seemed to be significant judicial backlogs and unexecuted decisions. What strategy was envisaged to reduce those backlogs and strengthen the implementation of court decisions? Were the reforms compatible with the impartiality and independence of justice, as enshrined in the Covenant? What measures had been taken to strengthen the capacity of the judiciary? How was the selection of judges organised?
The Committee was concerned that certain magistrates who had issued decisions unfavourable to Homeland Defence Volunteers or the Executive had been forcibly conscripted. Information had also been received regarding an instruction note from the Prosecutor General in October 2024, which reportedly gave an injunction to all prosecutors not to prosecute certain persons until they had received his prior authorisation. Could the delegation comment on this information? Were the Homeland Defence Volunteers subject to civilian courts when they committed crimes, or did they fall under the jurisdiction of military courts?
Another Committee Expert asked about the steps taken to finalise the investigations relating to alleged violations committed during the 2014-2015 period of unrest , in particular regarding excessive use of force resulting in bodily harm, death and obstruction of peaceful assemblies? If State officers were found guilty, would the State party ensure that the penalties issued were proportionate to the seriousness of the crime? Could the Committee be updated on developments relating to the National Observatory for the Prevention of Torture, with regard to its mandate, composition, financing, and data collection system, and the choice of its members?
Another Expert said that while the Committee took note of efforts made by the State party to improve the conditions of detention, information received indicated several shortcomings in this area. For example, the Ouagadougou prison had just one nurse. In 2021, the State party adopted a strategic plan for the development of the prison administration with a view to humanising the conditions of detention in prisons; how had implementation of the plan been assessed? What were the outcomes and impacts of the visits of the judicial authorities, the competent inspection bodies and non-governmental organizations to places of deprivation of liberty on the conditions of detainees?
Burkina Faso had asserted that there were no minority groups within its population, and that the Peuhl and Tuareg communities were not minorities. Could more information on this be provided? According to information received over the past five years, members of the indigenous Fulani community had reported cases of being stigmatised, treated inhumanely and accused of terrorism based on their ethnicity. What measures were being taken to ensure that the rights of all citizens were respected without discrimination? Did the State party plan to open secure corridors to allow the population to withdraw from dangerous areas and secure their property? The national human rights institution had made recommendations for the State party to strengthen actions to combat hate speech and incitement to violence; could the State party comment on this?
A Committee Expert said the Committee acknowledged the progress made in the 2019 Code of Criminal Procedure, which guaranteed the right to a medical examination and legal assistance from the beginning of police custody. However, it was concerning that these guarantees were not automatic or unconditional. Did the State intend to amend its regulations to ensure that all detained persons had immediate and automatic access to a medical examination without the need for prior authorisation or a 72-hour waiting period? What measures had been taken to ensure that these examinations were carried out by independent doctors, guaranteeing their impartiality and confidentiality? Would the State consider reducing the maximum period of detention without judicial control to 48 hours?
The Committee was aware of the enormous challenge facing Burkina Faso in the face of one of the largest humanitarian crises in its history, with more than 1.5 million internally displaced persons due to insecurity and armed violence. In addition, the country had welcomed a significant number of refugees, mainly from Mali, who faced difficulties in accessing protection, legal documentation and basic services. The Committee took note of Act No. 042-2008/AN on the Status of Refugees, which recognised the principle of non-refoulement and granted rights to refugees and asylum-seekers but was concerned about its implementation. The absence of a clear procedure for determining stateless status remained a challenge, particularly affecting children born in refugee camps, despite the State's efforts to improve birth registration and the issuance of identity documents.
Regarding internally displaced persons, the Committee recognised the State's efforts in humanitarian assistance, including access to food, health, education, and economic support. However, concerns remained about camp security, gender-based violence, child exploitation and the lack of durable solutions that allowed access to sustainable livelihoods.
What measures had the State taken to ensure the effective application of the principle of non-refoulement and to prevent undue expulsions? Could updated data on the number of asylum applications lodged and granted in recent years be provided? What actions were being implemented to strengthen refugees' and asylum seekers' access to basic services? Did the State intend to revise the Nationality and Civil Status Act to address gaps and establish a clear procedure for determining statelessness? What efforts had been made to ensure timely birth registration and the free issuance of birth certificates, especially in camps for refugees and internally displaced children? What strategies had the State implemented to guarantee the safety of internally displaced persons, in the face of risks of gender-based violence and child exploitation?
The Committee took note of Burkina Faso's legal framework guaranteeing freedom of peaceful assembly and association, but concerns remained about restrictions in practice, including allegations of obstruction of demonstrations by security forces and sanctions against protesters. What measures had the State taken to ensure that the intervention of security forces in demonstrations was governed by the principles of necessity and proportionality? What independent monitoring mechanisms existed to investigate allegations of excessive use of force? What provisions were in place to authorise or restrict demonstrations? How was it ensured that they were compatible with international standards? What measures had been put in place to enable human rights organizations to register and operate without obstacles? How was the safety of journalists and human rights defenders covering demonstrations guaranteed?
The Committee noted the 2018 revision of the Electoral Code, however, concerns remained about restrictions on the exercise of the right to vote, particularly for certain groups. What had been done to increase the political participation of women and marginalised groups in the country? How was the independence of the institutions responsible for monitoring the electoral process guaranteed? When would the next elections be held?
Another Expert said the State Party had undertaken several positive initiatives to combat trafficking, including the national action plan against trafficking for 2023 to 2026, however challenges remained in implementation. What progress had been made in implementing the national action plan? Were there mechanisms to access its effectiveness? What measures were being taken to improve data collection? A significant proportion of convicted traffickers continued to receive fully or partially suspended sentences, raising concerns about the deterrent effect of the legislation. Could updated figures be provided on trafficking cases investigated, prosecutions initiated, and convictions secured? What concrete steps were being taken to ensure that anti-trafficking laws were enforced rigorously? How did the State Party ensure that law enforcement agencies and judicial officials received adequate training on victim-centred approaches in handling trafficking cases? What actions was the State Party taking to address deficiencies in victim support, including limited shelter capacities and support services?
Reports indicated that a significant number of children remained engaged in dangerous labour, particularly in small-scale gold mining and agricultural fields. Could the delegation provide updated statistics on the number of children identified and removed from hazardous work, as well as data on their reintegration in society? What was the anticipated timeline for adoption of the draft child protection code? Wha steps were being taken to improve the long-term reintegration of child victims of forced labour? What measures were in place to expand shelter capacity, improve service quality, and ensure sustainable funding for victim support programmes?
The Committee noted with concern that a review of legislation that imposed content-based restrictions to safeguard defence and security forces had not been envisaged, despite potential limitations on freedom of expression. How did the State Party ensure that the law did not restrict freedom of expression? Had consultations on this issue been held with civil society and media representatives? What safeguards were in place to prevent the misuse of digital restrictions?
The Expert was also concerned by reports of escalating repression against journalists and human rights defenders, including threats, intimidation, arbitrary arrests, physical assaults, enforced disappearances, and forced conscription into security forces. What steps had the State Party taken to investigate attacks on journalists, including the case of Atiana Serge Oulon? How many cases of threats, arbitrary detention, and disappearances had been investigated, and what were the outcomes? Had State agents been held accountable? What independent mechanisms existed to prevent the abuse of security laws and conscription orders to silence dissent?
Responses by the Delegation
The delegation said the national prevention mechanism had three commissioners from the national human rights institution. The mechanism had carried out 12 monitoring missions to places of deprivation of liberty. It could either inform authorities of a visit or carry out a visit unannounced. Its report was sent to the highest authorities, including the head of State.
A demonstration was lawful when the organisers notified the competent authorities within the conditions provided for. Media suspension occurred when the journalism ethics code had been breached. The Government had decided to close the cases of certain journalists in the national interest. These journalists had chosen to proliferate misinformation, which would not be tolerated.
Burkina Faso had a mix of ethnic groups. In the fight against terrorism, terrorists, rather than ethnic groups, were targeted. There could not be stigmatisation of any ethnic group, as all ethnic groups were represented within the armed forces. The Supreme Council had organised an awareness raising campaign on hate speech, which was launched nationwide. If confessions were extracted under duress, judges reserved the right to discard this evidence. There was no category of persons whose civic rights were restricted, including the right to vote, unless they had been convicted in court and denied their voting rights.
The State had increased magistrate, prison and notary staff significantly in the past few years. To combat corruption in the judiciary, activities were taken as part of the disciplinary council, including the anti-corruption commission. The independence of the judiciary was expressly enshrined in the Constitution. A specific law set up in 2024 to remove the High Council of the Judiciary from the Presidency and make it an independent body. As a guarantee of impartiality, judges could be removed during a procedure if there was any suspicion that they were connected to the parties in a case. The Minister of Justice did not interfere in the appointment procedure. The State needed to ensure there was better implementation of the justice policy.
Internally displaced persons were dealt with in an inclusive manner, with no discrimination on any grounds. More than two million people had been returned to their places of origin. Health centres had been opened at schools and basic services had been supplied. The Penal Code sanctioned trafficking, including exploitation and the worst forms of child labour. In 2022, 125 cases of child abduction were prosecuted, and eight for trafficking. A plan had been adopted to tackle child labour, resulting in more than one million stakeholders, including 41,300 children, being made aware of the worst forms of child labour and being withdrawn from these practices. More than 26,000 children had been reintegrated into society.
There was a plan on trafficking up to 2021 and the State had been able to intersect trafficking networks. A code for children was currently in the process of being adopted.
Following the 2014 popular uprise, the prosecution service and the High Court began an investigation, and judicial proceedings were initiated. A commission of inquiry had been put in place to identify those responsible for the violations committed during this time. The investigation was still underway. Some 84 persons had appeared before the military court, and 145 persons overall who had been wounded had received compensation.
Atiana Serge Oulon had not been subjected to an enforced disappearance but had been held under state of ready alert measures. As per the Constitution, any citizen had the duty to contribute to the defence and maintaining of Burkina Faso’s integrity. Homeland Defence Volunteers were considered auxiliaries of the defence forces and were subject to military court provisions. When they committed offences, they fell within the scope of military jurisdiction.
Meetings and public demonstrations could freely be held in Burkina Faso, pursuant to the law. Freedom to demonstrate was subject to prior notification to the civilian administration. Demonstrations could only be restricted when there was an attack against public order.
There were no longer any obstacles for Burkina Faso nationals abroad exercising their right to vote. The prison administration had a 2021-2025 strategic plan and plan of action, and implementation of this plan was being assessed. Under the strategy, personnel had been trained, new prisons had been constructed, significantly reducing overcrowding, and 22 prisons had benefitted from refurbishment.
The law on asylum application ensured all applications were dealt with in a fair manner, and all protections were offered to the applicant during the procedure. As of August 2024, there were more than 38,000 refugees and 2,000 asylum seekers.
The Code for the Family contained a special chapter on statelessness, dealing with conditions for determining statelessness. The Government had made significant efforts to improve birth registration and provide free birth certificates. Campaigns had been rolled out, with more than 50,000 birth certificates being issued. Sessions had been held to provide free birth certificates, which had benefitted thousands of women and internally displaced persons.
Detained persons had the right to request a medical examination after 72 hours of their detention. The current length of police custody for cases linked to terrorism was 15 days maximum, with the possibility to expand for an additional 10 days. Detained people had the right to receive assistance from a lawyer, and those who could not afford to pay a lawyer were entitled to judicial assistance from the State.
The penitentiary administration had a strategic plan for 2021 to 2025. A steering committee had been created to assess the implementation of the plan.
The terms “militia” or “enforced disappearances” in the context of countering terrorism were totally inappropriate. A report had been submitted to the Committee on Enforced Disappearances in this regard. A terrorist carried no identification card. Their strength was to blend within the public. While security did not prevail, rights could not be enjoyed. It was often hard to differentiate between a terrorist and civilian, and this needed to be considered. Burkina Faso was making many efforts to promote and protect human rights. Homeland Defense Volunteers should not be referred to as militia.
Burkina Faso’s judiciary was still independent. The reforms which were implemented were designed to make the justice system more accessible and credible. There were 384 media organizations in the country, with over 80 per cent being privately owned. Burkina Faso did not accept apologism for acts of terrorism; if the media contributed to propagating acts of terrorism, they were failing in their ethic duty. The State allowed for associations to be created freely if their purpose was not contrary to public order.
If the security situation allowed the State to organise elections, this would be done straight away. Before elections could be organised, it needed to be ensured that all candidates and members of the public could exercise their right to vote. The State needed to be given assurances that if they organised elections, they would be safe. All terrorists would be targeted by the State regardless of what ethnic group they belonged to.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on topics including on the status of investigations into cases of torture; the difference between the national observatory on torture and the national preventive mechanism; the financial and logistical means available to the national preventive mechanism, its reports, and its ability to carry out announced and unannounced visits; efforts being made to reconcile combatting terrorism and respecting human rights; judges’ right to consider evidence obtained under duress, and what consequence this had on trials; the independence of the judiciary; denials of demonstrations; the involvement of women in different sectors, and how their political participation was being organised; when the next elections would be held and the proceedings put in place to ensure citizens’ participation in the elections; support services for victims of trafficking; and revisions of the Penal Code to implement the death penalty for crimes such as terrorism.
Responses by the Delegation
The delegation said the decision to reintroduce the death penalty had been taken due to the fight against terrorism. Terrorists were increasingly recruiting children, who were then forced to become combatants. The more regions affected, the more people did not have access to basic rights. The priority for Burkina Faso was to put an end to terrorism as soon as possible and restore security throughout the whole country, before meeting international obligations. There was no death penalty for homosexuality.
Elections were organised in November 2015, and just after these there was a terrorist attack in January 2016. The situation had continued to get worse, despite the elections. Elections had been organised twice in 2015 and 2020 and the situation had not changed; the State needed to find an alternative solution.
Prosecutors had always been subject to the hierarchy of the prosecuting magistracy. Judges remained entirely independent.
The national preventive mechanism used the resources provided to the National Human Rights Commission. It was up to the discretion of the mechanism to decide on whether visits were announced or unannounced. State authorities and civil society carried out visits to places of detention.
Typically, evidence obtained under duress could not be admitted in court, however if such an act was key to a trial, then the evidence could be admitted. Public officials responsible for acts of torture could be criminally prosecuted and victims could ask for reparations for damage suffered.
No human rights organisation had been refused registration or accreditation. They often received technical and material support from the State. Women were fully involved in public affairs and held many decision-making positions. Within the Government, there were five women ministers out of 23, and 33 per cent of ambassadors were women.
Preventing a demonstration was an exception in the country; this was only done in exceptional circumstances. If the competent authorities prohibited demonstrations, there was always a reason provided.
Burkina Faso was trying to find a balance between combatting terrorism and protecting human rights to achieve results. There were specialised judicial systems to combat terrorism.
Closing Statements
EDASSO RODRIGUE BAYALA, Minister of Justice and Human Rights, Keeper of the Seals and head of the delegation, thanked the Committee for the high-quality dialogue. The Committee should be commended for its commitment to civil and political rights. Mr. Bayala thanked all those who had made the dialogue a success. The Government remained deeply committed to the respect of human rights and would closely heed any recommendations made by the Committee. Burkina Faso renewed its commitment to consolidate with the Committee in the context of the fight against terrorism. The stabilisation undertaken by Burkina Faso was essential to bringing about lasting peace and development, and international partners were called on to support these efforts.
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CCPR25.003E