U.S. Department of State Country Report on Human Rights Practices 1997 - Burkina Faso

Released by the Bureau of Democracy, Human Rights, and Labor, January 30, 1998.

BURKINA FASO

President Blaise Compaore continued to dominate the Government of the Fourth Republic, assisted by members of his party, the Congress for Democracy and Progress (CDP). In spite of the existence of dozens of political parties, there is little viable opposition to the President and his Government. In legislative elections in May, 44 percent of eligible citizens voted and gave the CDP control of 101 of 111 seats in Parliament. A delegation from the International Assembly of Francophone Parliamentarians considered the election to be substantially free and fair; however, a collective of 14 local nongovernmental organizations (NGO?s) gave a more mixed review, describing the elections as peaceful and orderly, but also marked by generalized and systematic corruption and marred by voter list irregularities. In December 1995, the constitutionally mandated (though purely consultative) second chamber of Parliament was installed, completing the government structure envisaged in the 1991 Constitution. The Constitution provides for an independent judiciary; however, it is subject to executive influence. The security apparatus consists of the armed forces, the paramilitary gendarmerie, controlled by the Ministry of Defense, and the police, controlled by the Ministry of Territorial Administration. Some members of the security forces committed human rights abuses. Over 80 percent of the population of 10 million engages in subsistence agriculture. Frequent drought, and limited communication and transportation infrastructures, in addition to a 77 percent illiteracy rate, are longstanding problems. The 50 percent devaluation of the cfa franc in 1994 made imports more expensive for salaried workers and civil servants, but improved the competitiveness of livestock and cotton exports. Since 1991 the Government has adopted a series of structural adjustment programs that are designed to open the economy to market forces and to reduce government deficits, while shifting resources to the education and health sectors. In recent years, the country has registered strong gains in life expectancy, literacy, and school attendance rates, although it remains a very poor country with annual per capita income about $220. The Government?s human rights record improved somewhat, but serious problems remain in several areas. Despite the May elections, President Campaore?s continued dominance limited citizens? right to change their government. The security forces continued to mistreat detainees, and prison conditions remained harsh. Arbitrary detention was a problem, and authorities did not ensure detainees due process. A general climate of impunity for members of the security forces, along with the lack of progress in identifying or punishing those responsible for serious abuses committed in previous years, continued to tarnish the Government?s record. Courts are subject to executive influence, and authorities do not ensure fair trials. The media practices self-censorship. In March the Council on Information ordered the director of a popular radio call-in show, whose participants were often critical of government officials, to suspend the show until additional regulations to the 1995 code governing radio broadcasting were released. In October the Government tightened regulations governing public demonstrations and increased penalties for violations. Societal discrimination against women persists. Violence against women and children, particularly female genital mutilation (FGM), remained a problem, although the Government passed legislation making FGM a crime. The Government has taken steps to educate citizens about the dangers of this practice. Killings of criminal suspects by vigilante mobs remained a problem, but apparently decreased.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial killings. There was no progress made in punishing those responsible for abuses committed in past years. The major problem with law enforcement remains a general climate of impunity for human rights abusers fostered by the habitual failure of the Government's investigations to result in guilty findings and appropriate sanctions. Inquiries tend to drag on until they are overshadowed by subsequent incidents or quietly shelved. Appeals by human rights organizations generally go unanswered. This failure to prosecute previous abuses remains a major hindrance to further human rights progress. The May 1996 incident in which members of the police in the town of Reo shot and killed an unarmed villager during an operation to fine owners of unregistered vehicles remained unresolved. An official investigation into the 1995 shooting to death of two unarmed high school demonstrators in Garango has yielded no results. Investigation of the 1994 savage beating of two prisoners, who later died at the Maco prison in Ouagadougou, ended without calling for the punishment of those responsible. There were no further developments regarding the 1994 corruption scandal that led to the death in custody of two suspects under suspicious circumstances. To date the authorities have provided no explanation of the death of Doin Redan, who was found dead in 1994 a day after being detained by police. The Government continued to make no real effort to investigate the fate of a Ghanaian detainee reportedly killed in 1993 while in police custody. International and local human rights groups pressured the official commission investigating the 1991 assassination of Clement Ouedraogo, a prominent opposition leader, to submit a report of preliminary findings to the Prime Minister. The report has not been made public and the case remains open, as do the cases of the 1989 "disappearance" of professor Guillaume Sessouma, detained for allegedly participating in a coup plot, and of medical student Dabo Boukary in 1990, detained following student demonstrations. Credible reports indicated that security forces tortured and killed both men. The Government failed to respond to students' calls for information on Boukary's death, which was included in a list of demands issued during the university strikes that began in February. There were some killings of criminal suspects by vigilante mobs, but apparently fewer than in recent years. A major independent daily reported on only one such killing this year, which occurred in Ouagadougou.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While legally prohibited, mistreatment of detainees, often to extract confessions, has been documented for a number of years. There are credible reports that officials at Maco prison continue to employ degrading treatment. The Government is not known to have taken any disciplinary action against those responsible, and the climate of impunity created by the Government's failure to prosecute abusers remains the largest obstacle to ending abuses. Prison conditions are harsh, overcrowded, and can be life threatening. The federal prison in Bobo-Dioulasso, built in 1947, houses about 1,000 prisoners, although designed to hold less than half that number. There are separate facilities for men, women, and children. The prison diet is poor, and inmates must often rely on supplemental food from relatives. According to human rights monitors, prison visits are granted at the discretion of prison authorities. Permission is routinely granted, and advance permission is not required.

d. Arbitrary Arrest, Detention, or Exile

The Constitution provides for the right to expeditious arraignment and access to legal counsel, and the law limits detention for investigative purposes without charge to a maximum of 72 hours, renewable for a single 48-hour period. In practice, however, police rarely observe these provisions. The average time of detention without charge is 1 week. On January 31, police dispersed a student march in the capital that was protesting the condition of dormitories, classrooms, and the levels of scholarships. Police used tear gas and rubber bullets against the protesters, arrested approximately 30 students, and detained them until February 4 (see Section 2.b.). The Government does not use forced exile.

e. Denial of Fair Public Trial

The Constitution provides for an independent judiciary; however, in practice it is subject to executive influence. The President has extensive appointment and other judicial powers. The Constitution stipulates that the Head of State is also the President of the Superior Council of the Magistrature, which nominates and removes some high-ranked magistrates and can examine the performance of individual magistrates. The Constitution provides that the Supreme Court is the highest court in the country. Beneath it are 2 courts of appeal and 10 provincial courts ("de grande instance"). There is also a High Court of Justice, with jurisdiction to try the President and senior government officials for treason and other serious crimes. In 1995 the National Assembly passed legislation reforming the military court system, making military courts less susceptible in principle to executive manipulation, however, their independence has not yet been demonstrated. In 1994 the Government announced the creation of the Office of Ombudsman, called "Mediateur du Faso." Retired general Marc Garango was appointed to the position, which is responsible for mediating disputes between the State and its citizens. In March the mediator negotiated an agreement to end a student strike after the Prime Minister?s efforts to broker an accord between the students and authorities failed. 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 decisions are generally respected by the population, but citizens may also take a case to a formal court. The Constitution provides for the right to public trial, access to counsel, and has provisions for bail and appeal. While these rights are generally respected, the ability of citizens to obtain a fair trial remains circumscribed by ignorance of the law (77 percent of the population is illiterate) and by a continuing shortage of magistrates. Amendments to the Penal Code to make it more relevant to modern requirements, such as the revision making FGM a crime, were adopted by Parliament during its last session in 1996 and entered into effect early in the year. There were no reports of political prisoners.

f. Arbitrary Interference With Privacy, Family, Home, or Correspondence

The Constitution provides for these rights, and, in practice, the authorities generally do not interfere in the daily lives of ordinary citizens. In national security cases, however, a special law permits surveillance, searches, and monitoring of telephones and private correspondence without a warrant. By law and under normal circumstances, homes may be searched only with the authority of a warrant issued by the Minister of Justice. Except in certain cases, such as houses of prostitution and gambling dens, such warrants must be executed during "legal hours," defined as between 6 a.m. and 9 p.m.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The 1991 Constitution provides for freedom of speech and of the press. In practice, however, these freedoms still remain circumscribed by a certain degree of self-censorship. The President and his Government remain sensitive to criticism. Provisions in the Code granting the Government strong legal powers to intimidate the press through a broad interpretation of defamation were removed in December 1993. As a result, journalists charged with libel now may defend themselves in court by presenting evidence in support of their allegations. Perhaps as a consequence, the independent press continued to exercise greater freedom of expression. In February the director of a popular independent radio station received verbal instructions from government officials who demanded that a popular call-in show whose listeners often voiced opinions critical of the Government be taken off the air. He was also attacked by two armed thugs who identified themselves as ruling party members. In March the Government sent written orders to suspend the program until additional regulations to the existing 1995 code governing radio broadcasting were written and enacted. The director complied, and the program was taken off the air. The Government has yet to publish the new regulations, and the program remains off the air. In July the Government divided a $170,000 grant among 20 independent radio stations and publications, including some critical of the Government, after they had been invited to send a list of needs to a 10-member selection committee chaired by the President of the Association of Independent Broadcasters. The independent press includes six dailies, a dozen weekly newspapers, and a monthly news magazine. Although the official media, including the daily newspaper Sidwaya, the national radio, and the national television, display progovernment emphasis, the presence of independent competition led government media to give more coverage to the political opposition during the May parliamentary campaign. There are a dozen thriving independent radio stations, one with eight branches, and one private television station. Academic freedom is respected.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly, and the Government generally respected this right in practice. Political parties and labor unions have usually been allowed to hold meetings and rallies without requesting government permission since early 1990. In October the National Assembly passed a law to replace an existing 1992 regulating public demonstrations. The new law requires that authorities be notified in advance of planned demonstrations and gives the executive the right to use reasons of public order to forbid demonstrations. In addition penalties for violations are increased from 6 months to 5 years to 2 to 5 years. Permits, however, must be obtained from municipal authorities for political marches. Applicants must indicate date, time, duration, and itinerary of the march or rally, and authorities may alter or deny requests on grounds of public safety. Denials or modifications may be appealed before the courts. On January 31, police dispersed students protesting in the capital, using tear gas and rubber bullets. Police arrested approximately 30 students and detained them until February 4. The Constitution provides for freedom of association, and the Government generally respects this right in practice. Since early 1990, political parties and labor unions have usually been permitted to organize and hold meetings and rallies without seeking government permission.

c. Freedom of Religion

The Constitution provides for freedom of religion, and the Government respects this right in practice. 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

The Constitution provides for freedom of movement, and authorities respect this right in practice. Gendarmes routinely stop travelers within the country for identity and customs checks and the levying of road taxes at police and military checkpoints. There is no restriction on foreign travel for business or tourism. Refugees are accepted freely. The Government provides first asylum and continued to provide it to refugees from neighboring countries, primarily from Mali and Niger. The Government cooperates with the office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees. In February the Government and UNHCR officials reached an accord on the repatriation and resettlement of the 25,000 Tuareg refugees and on the UNHCR timetable for terminating all food distribution to Tuaregs living in the northernmost camps by December 31. Following the final convoy in August of some 400 repatriating Nigerien Tuaregs, the UNHCR concluded its assistance program for Nigerien Tuaregs. Over 170,000 Malian refugees have repatriated. The last group of Tuareg refugees living in the country was returned to Mali on December 8 under the auspices of the UNHCR. On December 15, the Government officially closed all refugee camps. At year?s end, those refugees who opted to remain in the country were being registered by local authorities and were to be treated according to regulations of the Economic Community of West African States. There were no reports of forced return of persons to a country where they feared persecution. There were no reports of forced expulsion of those having a valid claim to refugee status.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens have the constitutional right to change their government through multiparty elections. However, in practice, they are unable to exercise this right fully due to the continued dominance of the President and his ruling party. In May 44 percent of eligible voters went to the polls and gave the ruling CDP 101 out of 111 parliamentary seats in an election that international observers described as substantially free and fair; however, a collective of 14 local NGO?s described the elections as peaceful and orderly, but marked by generalized and systematic corruption and marred by voter list irregularities. The Supreme Court annulled the results in four constituencies because of these irregularities. (The ruling party won all four seats in the subsequent elections. The 14 NGO collective cited similar voting irregularities in these subsequent elections as well). The victory reflected both general support for policies of the governing party and a lack of viable opposition alternatives. Presidential elections are scheduled to be held in 1998. The Compaore Government includes a strong presidency, a prime minister, a council of ministers presided over by the President, a two-chamber National Assembly, and the judiciary. The legislature is independent, but it remains susceptible to external influence from the executive branch. In January during its first session, the CDP-dominated National Assembly amended the Constitution to allow a president to run for an unlimited number of terms. Previously, the Constitution had restricted the mandate to two 7-year terms. There are no restrictions in law or practice on the participation of women or minority group members in politics. However, women are underrepresented in positions of responsibility; 4 of the 29 ministers and 10 of the 111 National Assembly deputies are women. The President of the Social and Economic Council is a woman.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

The Government's attitude toward local human rights organizations has been mixed. According to activists, the Government did not interfere with the activities of any such group this year, including the Burkinabe Movement for Human Rights (MBDHP), an independent group with representation in all 45 provinces. The Government helped the human rights organization Gerddes sponsor a seminar in July on building democracy within the military. However, the Government has failed to answer inquiries from international human rights organizations concerning past abuses. Amnesty International is still awaiting the results of the government inquiry into the 1995 killings in Garango, but the Government has not responded to AI?s request for information.

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Constitution prohibits discrimination on the basis of race, religion, or ethnic origin. Minority ethnic groups are, like the majority Mossi, represented in the inner circles of the Government, and government decisions do not favor one group over another.

Women

Violence against women, especially wife beating, occurs occasionally. Cases of wife beating are usually handled through customary law and practice. There are no statistics on rape, although it is recognized as a crime. Spousal rape is not discussed. There are organizations that counsel rape victims, including Catholic and Protestant missions, the Association of Women Jurists in Burkina, the Burkinabe Movement for Human Rights (MBDHP), Association of Women, and Promofemmes, a regional network that works to combat violence against women. The Government is attempting to change attitudes toward women, using education through the media. The Penal Code explicitly prohibits sexual harassment, but has no special laws protecting women against violence other than general laws dealing with violence . The Constitution provides for respect of human rights including those of women, but there is no specific constitutional protection for women, who face extensive discrimination. In general women continue to occupy a subordinate position and experience discrimination in such areas as education, jobs, property, and family rights. Overall, women represent 45 percent of the work force. 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. After the May parliamentary elections, the Government created a Ministry of Women's Affairs and appointed a woman as minister.

Children

The Constitution nominally protects children's rights. The Government has demonstrated its commitment to improving the condition of children by adopting a national policy to revitalize primary health care through the privatization of hospitals, which provided greater autonomy in hospital management. The Government has stated its commitment to improve access to primary education and as of 1996 had raised the literacy rate to 23 percent. Females constitute approximately one-third of the total student population in the primary school system and are represented in the secondary and higher educational systems although the percentage decreases dramatically beyond the primary level. Schools in rural areas have disproportionately fewer female students than schools in urban areas. The Government has set up a scholarship program for female secondary students to encourage them to stay in school. Female genital mutilation (FGM), which is widely condemned by international health experts as damaging to both physical and psychological health, is still widely practiced, especially in many rural areas, and is usually performed at an early age. The percentage of females who have undergone this procedure may be as high as 70 percent. The Government has made a strong commitment to eradicate FGM through educational efforts, and a national committee campaigns against the practice. The Penal Code was revised in the last session of Parliament in 1996 to make FGM a crime, with stricter punishment for those involved in its practice. Perpetrators are subject to 6 months to 3 years' imprisonment and a significant fine. The Government has launched a sensitization campaign regarding the deleterious effects of this practice. 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 are modest government subsidies for workshops for the disabled, there is no government mandate or legislation concerning accessibility for the disabled. There is no legislation to protect people with disabilities from discrimination. Programs to aid the disabled are limited, but human rights groups are not aware of any discrimination against the disabled.

Section 6 Worker Rights

a. The Right of Association

The 1962 Labor Code has been amended several times during the past decade, most recently in 1996. Under this legislation, workers, including civil servants, traditionally have enjoyed a legal right of association, which is recognized under the Constitution. There are 4 major labor confederations and 12 autonomous trade unions linked together by a National Confederal Committee. They represent a wide ideological spectrum; the largest and most vocal member espouses Socialist doctrine. Essential workers, such as police, may not join unions. The Constitution provides for the right to strike, and workers use strike actions to achieve labor goals. In June the most prominent health services union called a partial strike of emergency staff workers. After the Government questioned this action, the Supreme Court ruled that the strike by emergency staff violated a law protecting public safety, but it did not find illegal the union?s right to call a general strike in support of the emergency workers 3 weeks later. The strike ended after a month when the Government and union signed an agreement. Labor unions may affiliate freely with international trade unions. The National Confederation of Burkinabe Workers (CNTB) is affiliated with the Brussels-based World Confederation of Labor (WCL).

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 but encompasses only a small percentage of workers. The Labor Code prohibits antiunion discrimination. The Labor Ministry handles complaints about such discrimination, which the plaintiff may appeal to a Labor Tribunal. If the Tribunal sustains the appeal, the employer must reinstate the worker. Union officials believe that this system functions adequately. There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The law prohibits forced labor, and it is not practiced. The Government prohibits forced and bonded child labor but does not enforce this prohibition effectively. Children commonly work with their parents in rural areas or in family-owned small businesses in villages and cities.

d. Status of Child Labor Practices and Minimum Age for Employment

The Government prohibits forced and bonded child labor but does not enforce this prohibition effectively (see Section 6.c.). The Labor Code sets the minimum age for employment at 14, the average age for completion of basic primary 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, in the traditional apprenticeship system, and in the informal sector. There are no reports of children under the age of 14 employed in either state or large private companies.

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 for nondomestic workers and a 60 hour workweek for household workers, and establishes safety and health provisions. The minimum monthly wage in the formal sector, about $45 (cfa 27,089), does not apply to subsistence agriculture, which employs about 85 percent of the population. The Government last set the minimum wage in 1996. It is not adequate for an urban worker to support a family. Wage earners usually supplement their income through reliance on the extended family, subsistence agriculture, or trading in the informal sector. A system of government inspections under the Ministry of Labor and the Labor Tribunals is responsible for overseeing health and safety standards in the small industrial and commercial sectors, but these standards do not apply in the subsistence agricultural sector. However, the Government's Labor Inspector Corps does not have sufficient resources to fulfill its duties adequately. Every company is required to have a work safety committee. If a workplace has been declared unsafe by the government Labor Inspection Office for any reason, workers have the right to remove themselves from dangerous work without jeopardy to continued employment. In practice there are indications that this right is respected, but such declarations are relatively rare.