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TITLE: BURKINA FASO HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
BURKINA FASO
President Blaise Compaore continued to dominate the Burkina
Faso Government, assisted by members of his party, the
Organization for Popular Democracy/Labor Movement (ODP/MT), and
to guide the process of establishing new institutions in
accordance with the 1991 Constitution. After the highly
controversial presidential (1991) and legislative (1992)
elections, the President and the ODP/MT benefited by a period
of relative political calm, highlighted by much of the
political opposition's accepting, albeit reluctantly, the
legitimacy of the new Government, known as the Fourth
Republic. The ODP/MT Government includes representatives from
the country's three major opposition parties, and it controls
the National Assembly (78 out of 107 seats) in which other
opposition parties are represented. The National Assembly
approved the Government's proposals for defining the
constitutionally mandated Second Chamber of the National
Assembly (which will play a purely consultative role), and
setting in motion a decentralization program involving the
election of local governing councils by the end of 1995.
Burkina Faso's security apparatus consists of the armed forces
and the paramilitary gendarmerie (controlled by the Ministry of
Defense) and the police (controlled by the Ministry of
Territorial Administration). There were recurrent instances in
which police and security forces used excessive force.
Over 85 percent of the 9.5-million population is engaged in
subsistence agriculture which is highly vulnerable to rainfall
variations. Frequent drought, a limited communications and
transportation infrastructure, and a low literacy rate are
longstanding problems. Per capita income is only about $300
per year. In 1993 the Government obtained approval from the
International Monetary Fund (IMF) for an enhanced structural
adjustment facility (ESAF) to reinforce reforms implemented
over the past 3 years. The ESAF program seeks to limit
government spending, especially on salaries and transfers, open
the economy to free market forces, promote the private sector,
and encourage foreign investment.
Despite the constitutional changes since 1991, human rights
violations continued to occur. The Government did not hesitate
to employ its powers to control the political evolution,
notably in 1993 by using the 1990 Information Code and the
court system to intimidate the increasingly vocal independent
press. There were also new instances of the security forces'
committing extrajudicial killings, abusing detainees, and
resorting to excessive force in controlling demonstrations
(generally committed with impunity). At the same time, the
Government held no political detainees or prisoners at the end
of 1993 and abolished during the year the unfair Popular
Revolutionary Tribunals system. On December 30, the National
Assembly also amended the Information Code in favor of greater
press freedom. Despite governmental efforts to counter the
practice, violence against women continued to be a problem.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There continued to be reports of extrajudicial killings by
security forces of suspected criminals. During disturbances at
the University of Ouagadougou in February, police arrested a
passer-by, who subsequently died in police custody. Credible
reports indicated that he had been tortured by the security
services. The Government made no apparent effort to
investigate the incident or the violence at the University or
the violence that occurred at a local high school in the
capital the next day, despite calls by the Burkinabe human
rights movement to do so (see Section 2.b.).
There were also reports that at least one detainee, who was
seeking refugee status, died as a result of mistreatment while
in the custody of the gendarmerie.
Despite pressures from international and local human rights
groups, the Government again failed to complete the official
investigation into the 1991 assassination of Clement Ouedraogo,
a prominent opposition leader, or to account for the 1989 and
1990 "disappearances" of Professor Guillaume Sessouma, detained
for allegedly participating in a coup plot, and medical student
Dabo Boukary, detained following student demonstrations in May
1990. Credible reports indicated that elements of the security
forces tortured and killed both men.
b. Disappearance
There were no reported new disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While legally prohibited, torture and mistreatment of
detainees, often to extract confessions, have been documented
for a number of years in Burkina Faso. No known disciplinary
action has been taken against those responsible. In 1993, for
example, police detained a Burkinabe youth, Doin Yedan, on a
civil matter, near Bobo-Dioulasso. The next day he was found
by the roadside in a coma and later died without regaining
consciousness.
Prison conditions are harsh and characterized by overcrowding.
For instance, the institution in Bobo-Dioulasso, built in 1947,
housed in 1993 about 1,000 prisoners, although it was designed
to hold less than half that number. Given the poor prison diet
and the prevalence of malaria and other diseases, prison
conditions can be life threatening. Inmates must often rely on
supplemental food from relatives.
d. Arbitrary Arrest, Detention, or Exile
Since the June 1991 adoption of the Constitution, which
provides for the right to expeditious arraignment and access to
legal counsel, there have been no known cases of prolonged
arbitrary arrest or detention. The law permits detention for
investigative purposes without charge for a maximum of 72
hours, renewable for a single 72-hour period. In practice,
these provisions are rarely observed, particularly in sensitive
cases. The Military Code takes precedence over the Civil Code
in national security cases.
Prior to adoption of the Constitution, the earlier Popular
Front government held a large number of its opponents in
custody, but there were no known political detainees or
prisoners in Burkina Faso at the end of 1993.
Although some intellectuals, military officers, and former
government officials remained in self-imposed exile abroad, a
number repatriated themselves since 1991. Among those
returning in 1993 was Antoine Dakoure, a former minister and
prominent leader of an overseas Burkinabe opposition group.
e. Denial of Fair Public Trial
The Constitution provides the right to public trial, access to
counsel, and appeal. While these rights are generally
respected, the ability of citizens to obtain a fair trial
remains conditioned by weaknesses in the judicial system,
including a serious shortage of trained magistrates to process
a growing caseload. The 1991 Constitution reestablished the
Supreme Court at the apex of the formal judicial system.
Under the Constitution, the judiciary is independent of the
executive, but the President has extensive appointment and
other powers over judicial officials, and the executive branch
has strong influence on the judiciary.
The military court system is even more susceptible to executive
manipulation. Military courts exercise jurisdiction in
security cases and are convened on an ad hoc basis. They have
no set form, rarely have appeal procedures, and instead use
flexible procedures rendering them susceptible to executive
influence. However, such courts were apparently not active in
1993.
The Government finally abolished in 1993 the parallel court
system of Popular Revolutionary Tribunals (TPRS), which lacked
many constitutional safeguards. The politicized tribunals had
been created by the ruling National Revolutionary Council in
1983 to try former government officials on corruption and other
charges. In mid-1993, Burkina's courts began hearing appeals
of verdicts handed down by the tribunals and set aside most
convictions on procedural grounds.
In addition to the formal judiciary, customary or traditional
courts, presided over by village chiefs, handle many
neighborhood and village-level problems, such as divorce and
inheritance disputes. These court decisions are generally
respected by the population, but citizens may also take the
case to a formal court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government authorities generally do not interfere in the daily
lives of ordinary citizens, but monitoring of private
correspondence or telephones does occur in suspected national
security cases. By law, homes may be searched only under the
authority of a warrant issued by the Minister of Justice. In
national security cases, however, a special law permits
surveillance, searches, and monitoring of telephones and
correspondence without a warrant.
Some observers expressed concern that local committees,
proposed by President Compaore's ODP/MT, would ultimately
replicate the functions of the old Popular Front's
revolutionary committees in intimidating villagers. While
authorized by the party's April Congress, the ODP/MT committees
did not form in 1993 due to interparty differences regarding
their viability.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are provided for in the 1990
Information Code but are still limited in practice. The
President and his Government are highly sensitive to
criticism. The Code established the right of private
publication, but it also gave the Government strong legal
powers to intimidate the press through a broad interpretation
of defamation: "...any allegation, or imputation of a fact,
which injures the reputation or the consideration of the person
or body to which the fact is imputed."
The Government used this power in 1993. Most notably it
targeted a regional paper in Bobo-Dioulasso that alleged
corruption in the Ministry of Justice and the prosecutor's
office in Bobo-Dioulasso. The Government immediately
prosecuted the newspaper's publisher and editor on defamation
charges in June, and the court sentenced both to 6 months'
imprisonment. These sentences were suspended by an August 4
(Revolution Day) amnesty, and both journalists have since
resumed their positions at the newspaper. However, the
verdicts, the first time journalists had been sentenced for
Code offenses (under the previous government, treason was the
usual charge) served as a warning and all newspapers practiced
some degree of self-censorship.
The Burkinabe Movement for Human Rights and Peoples (MBDHP) led
public criticism of the Information Code during the year,
especially a section which prevented journalists from providing
evidence in court. In response, the the ODP/MT-led National
Assembly on December 30 finally passed amendments to the Code,
allowing journalists to introduce evidence to defend themselves
in a court of law when charged with slander by a government
official and also stipulating that "offenses in words (threats)
or action against journalists in the exercise of their
profession are punishable under the law."
Notwithstanding the controversy over the Code, the independent
press continued to expand rapidly in 1993. In addition to two
dailies, Burkina boasted nearly a dozen weekly newspapers, and
a weekly newsmagazine by year's end. Although official media
outlets, including the daily newspaper Sidwaya and National
Radio, displayed a lingering progovernment bias, the presence
of independent competition led the official media to give more
coverage to the political opposition.
Academic freedom is recognized.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. The Government lifted a 2-year-old ban on
political marches, imposed following violent demonstrations in
1991. Since early 1990, political parties have been permitted
to organize and hold meetings and rallies without seeking
government permission. While some parties organized press
conferences and congresses, most of Burkina Faso's 60 political
parties were inactive.
The authorities used excessive force at Ouagadougou University
in mid-February when police attempted to break up a student
sit-in demonstration protesting cuts in student scholarships.
In the ensuing melee, the police wounded several students.
While the Government initially insisted that gendarmes and
police had only fired in the air to break up the demonstration,
it ultimately admitted that several students had in fact been
fired upon. The Government promised a commission of inquiry,
but none was formed.
There are nonpolitical associations for business, religious,
cultural, and other purposes. They experience no difficulty in
obtaining permission to meet or associate with international
associations in their fields.
c. Freedom of Religion
Burkina Faso is a secular State. Islam, Christianity, and
traditional religions operate freely without government
interference. Neither social mobility nor access to modern
sector jobs are linked to, or restricted by, religious
affiliation.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travelers within Burkina Faso are routinely stopped for
identity and customs checks at police and military
checkpoints. There is no restriction on foreign travel for
business or tourism. Exit permits are no longer required.
Refugees are accepted freely in Burkina Faso, and the
Government attempts to provide for their care in cooperation
with the United Nations High Commissioner for Refugees. There
are over 6,000 refugees and displaced persons, mostly Tuareg
refugees from Mali, in Burkina Faso.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite the greater political freedoms allowed by the Fourth
Republic, the first multiparty elections in 1992 left in doubt
whether Burkinabe citizens have the right and ability to
transfer power peacefully to a democratically elected
opposition, if they so desired. Power remained in the hands of
President Compaore and his political party, the ODP/MT, most of
whose members also played prominent roles in the ruling
National Revolutionary Council (1983-87) and Popular Front
(1987-91). The Government's framework was new, however, and
included a strong Presidency, a Prime Minister, a Council of
Ministers presided over by the President, a two-chamber
National Assembly, and an independent judiciary. The Compaore
Government does not face new elections until 1997 (for the
legislature) and 1998 (for the Presidency).
The President has the support of the military. He continues to
give priority to the the military budget, despite structural
adjustment requirements to emphasize health and education
requirements.
The transition period from military regime to civilian
government was marked by controversy in both the presidential
elections in 1991 and the legislative elections in 1992. The
opposition chose to boycott the presidential balloting,
following President Compaore's refusal to convene a sovereign
national conference, but later 27 parties, including all of the
country's major opposition parties, elected to participate in
the legislative balloting after receiving assurances that the
elections would be free and fair.
In the legislative vote, President Compaore's ODP/MT held an
advantage because of its financial resources, opposition
disunity, and control of the Burkinabe administration. It took
78 of 107 seats in the National Assembly. Opposition parties
protested numerous election irregularities but ultimately
decided to participate in the National Assembly and in the
first government of the Fourth Republic, preferring to work for
change within the system rather than outside it. Independent
observers agreed that numerous violations occurred in the 1992
elections but that they did not seriously affect the outcome.
There are no restrictions in law or practice on the
participation of women or minorities in the political process.
However, there are few women in positions of responsibility; 3
of the 25 ministers and 6 of the 107 National Assembly deputies
are women. Women are also represented in subcabinet level
positions of responsibility.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government's reaction to local human rights groups has been
mixed. It continued to tolerate the activities of the
Burkinabe Movement for the Rights of Man and Peoples (MBDHP),
an independent group composed mostly of professionals and led
by a ranking Burkinabe magistrate. The MBDHP advocated the
release of opposition supporters detained following
election-related violence in 1991. The Government released
those persons, but it ignored continuing MBDHP demands that it
account for the disappearances of Boukary Dabo and Guillaume
Sessouma.
The Government is rarely responsive to investigations by
international nongovernmental organizations. At year's end,
there were no known outstanding investigations by outside
organizations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Discrimination on the basis of race, religion, or ethnic origin
is illegal under the 1991 Constitution. Minority ethnic groups
are as likely to be represented in the inner circles of the
Government as are the majority Mossi, and government decisions
do not favor one group over another.
Women
In the absence of constitutional and other legal protections,
women face extensive discrimination. In general, women
continue to occupy a subordinate position and face
discrimination in such areas as education, jobs, property, and
family rights. In the modern sector, however, women make up
one-fourth of the government work force, although usually in
lower paying positions. Women still do much of the subsistence
farming work in rural areas.
Violence against women, especially wife beating, occurs
frequently. Cases of wife beating are usually handled through
customary law and practice. Such cases are sometimes mediated
by a "popular conciliation tribunal" composed of community
representatives. The Government is attempting to educate
people on the subject through the media.
Children
Children's rights are enshrined in the Constitution. The
Government announced its commitment to improving the condition
of children by adopting a national policy to revitalize primary
health care and improve access to primary education. In March
it issued a report on the Convention of the Rights of the Child.
Females constitute approximately one-third of the total student
population in the primary, secondary, and higher educational
systems. Schools in rural areas have disproportionately fewer
female students than schools in urban areas.
Female genital mutilation (FGM, circumcision) has been
condemned by health experts as damaging to physical and
psychological health. While the Government has made a strong
commitment to eradicating FGM through educational efforts, FGM
is still widely practiced in Burkina Faso, especially in many
rural areas, and is usually performed at an early age.
According to an independent expert in the field, the percentage
of Burkinabe females who have undergone this procedure may be
as high as 70 percent. Another form of mutilation,
scarification of the faces of both boys and girls of certain
ethnic groups, is gradually disappearing.
People with Disabilities
While there is a modest program of government subsidies for
workshops for the disabled and for bicycles and wheelchairs,
there is no government mandate or legislation concerning
accessibility for the disabled.
Section 6 Worker Rights
a. The Right of Association
Workers, including civil servants, traditionally have enjoyed a
legal right to association which is recognized in the Fourth
Republic's Constitution. There are a large number of trade
unions and five trade union federations. Although unions are
independent of the Government, in the past the Government has
limited their freedom of action to ensure compliance with
government labor policy. Essential workers--police, fire, and
health workers--are prohibited from joining unions.
Once the most powerful political force in the country,
organized labor--approximately 60,000 nonagricultural
workers--lost much of its influence under the earlier Sankara
and Compaore military regimes. The labor movement participated
in the drafting of the 1991 Constitution, and the return to
constitutional government led to full restoration of labor
union rights that had been severely curtailed during the
Sankara period. An accurate percentage figure of the unionized
work force of Burkina Faso is not known since few unions have
fully paid up membership records.
The right to strike is provided for in the Constitution, and
workers have used strike actions to achieve labor goals. Labor
unrest increased after the Government embarked on an economic
structural adjustment program with the World Bank and IMF in
1991. The program resulted in a number of significant
austerity measures, leading several unions to stage warning and
other strikes in 1993, including ones by customs agents and
secondary school and university teachers.
Labor unions freely affiliate with international trade union
bodies.
b. The Right to Organize and Bargain Collectively
Unions have the right to bargain for wages and other benefits,
both directly with employers and with industry associations.
These negotiations are governed by minimums on wages and other
benefits contained in the Interprofessional Collective
Convention and the Commercial Sector Collective Convention,
which are established with government participation. If no
agreement is reached, employees may exercise their right to
strike. Either labor or management also may refer an impasse
in negotiations to labor tribunals. Appeals may be pursued
through the Court of Appeal to the Supreme Court, whose
decision is binding on both parties.
Collective bargaining is extensive in the modern wage sector,
which encompasses only a small percentage of the population.
The Labor Code prohibits antiunion discrimination. Complaints
about such discrimination are handled by Labor Ministry
Inspectors and may be appealed to a labor tribunal in the
Ministry. If the worker's complaint is upheld, he or she must
be reinstated. Union officials believe that this system
functions adequately.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and is not practiced.
d. Minimum Age for Employment of Children
The Labor Code, which was approved by the National Assembly in
March, sets the minimum age for employment at 14, the average
age for completion of basic secondary school. However, the
Ministry of Employment, Labor, and Social Security, which
oversees labor standards, lacks the means to enforce this
provision adequately, even in the small wage sector. Most
children actually begin work at an earlier age on small, family
subsistence farms and in the traditional apprenticeship system
and informal sector.
e. Acceptable Conditions of Work
The Labor Code mandates a minimum monthly wage, a standard
workweek of 40 hours with at least one 24-hour rest period, and
establishes safety and health provisions. The current minimum
wage in the formal sector is $85 (25,000 CFA); it does not
apply to the large subsistence agriculture sector, which
employs more than 85 percent of the population. The minimum
wage was last set by the Government in 1983 and is not adequate
for an urban worker to support a family. Wage earners usually
supplement their income through reliance on the extended family
and subsistence agriculture.
A system of government inspections under the Ministry of Labor
and labor tribunals ensures that health and safety standards
are applied in the small industrial and commercial sectors, but
they are not applicable in the subsistence agricultural
sector. If a workplace has been declared unsafe, for any given
reason, by the government labor inspection office, workers have
the right to remove themselves from dangerous work situations
without jeopardy to continued employment. (###)
[end of document]
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