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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/65/Add.18 13 February 2002 ENGLISH Original: FRENCH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Initial reports of States parties due in 1997
[11 October 1999]
CONTENTS
Paragraphs Page
Introduction 1 -
3 7
General context 4 - 11 7
I. GENERAL MEASURES OF
IMPLEMENTATION 12 - 18 8
A. Measures taken 13 -
14 8
B. Mechanisms in place 15 -
18 8
* For the initial report submitted by the
Government of Burkina Faso, see document CRC/C/3/Add.19; for its consideration
by the Committee,
see documents CRC/C/SR.135-137; for the Committee’s
concluding observations, see document CRC/C/15/Add.19.
GE.02-40440
(E) 230402 010502
CONTENTS (continued)
Paragraphs Page
II. DEFINITION OF THE
CHILD 19 - 37 9
A. Employment 21 9
B. Marriage 22 -
23 9
C. Military service and conscription 24 9
D. Consent 25
- 35 9
E. Compulsory education 36 - 37 10
III. GENERAL
PRINCIPLES 38 - 94 10
A. Nondiscrimination 38 -
56 10
B. Best interests of the child 57 - 75 13
C. Right to
life, survival and development 76 - 81 16
D. Respect for the views of
the child 82 - 94 17
IV. CIVIL RIGHTS AND FREEDOMS 95 -
143 18
A. Name and nationality (art. 7) 96 -
109 18
B. Preservation of identity (art. 8) 110 -
113 19
C. Freedom of expression (art. 13) 114 -
117 19
D. Freedom of thought, conscience and religion (art. 14) 118 -
119 20
E. Freedom of association and of peaceful assembly
(art.
15) 120 - 123 20
F. Protection of privacy (art. 16) 124 -
126 20
G. Access to appropriate information (art. 17) 127 -
130 21
H. Right not to be subjected to torture or other
cruel,
inhuman or degrading treatment or punishment 131 - 143 21
CONTENTS (continued)
Paragraphs Page
V. FAMILY ENVIRONMENT
AND ALTERNATIVE CARE 144 - 243 22
A. Parental guidance (art. 5) 145
- 148 22
B. Parental responsibilities (art. 18, paras. 1-2) 149 -
158 23
C. Separation from parents (art. 19) 159 -
170 24
D. Family reunification (art. 10) 171 -
177 25
E. Illicit transfer and nonreturn (art. 11)
178 25
F. Recovery of maintenance for the child
(art. 27, para.
4) 179 - 186 25
G. Children deprived of a family environment (art. 20)
187 - 194 26
H. Adoption (art. 21) 195 - 215 27
I. Periodic
review of placement (art. 25) 216 - 225 29
J. Abuse and neglect (art.
19), including physical and
psychological recovery and social reintegration
(art. 39) 226 - 243 30
VI. BASIC HEALTH AND WELFARE (arts. 6,
18 para. 3,
23, 24, 26, 27 paras. 1-3) 244 -
322 31
A. Disabled children (art. 23) 244 -
247 31
B. Health and health services (art. 24) 248 -
304 32
C. Social security and childcare services and
facilities
(arts. 26 and 18, para. 3) 305 - 314 39
D. Standard of
living (art. 27, paras. 1-3) 315 - 322 40
VII. EDUCATION, LEISURE AND
CULTURAL ACTIVITIES
(arts. 28, 29 and 31) 323 -
382 41
A. Education, including vocational training and
guidance
(art. 28) 323 - 368 41
CONTENTS (continued)
Paragraphs Page
B. Aims of education
(art. 29) 369 - 375 46
C. Leisure, recreation and cultural activities
(art. 31) 376 - 382 46
VIII. SPECIAL PROTECTION MEASURES 383 -
490 47
A. Children in situations of emergency 383 -
399 47
B. Children in conflict with the law 400 -
454 50
C. Children in situations of exploitation,
including
physical and psychological recovery and social
reintegration 455 - 489 55
D. Children belonging to a minority
or an indigenous
group 490 59
SUGGESTIONS AND RECOMMENDATIONS OF
THE
COMMITTEE ON THE RIGHTS OF THE CHILD WITH
REGARD TO THE INITIAL REPORT
491 - 508 59
A. Discrimination against girls and women 495 -
503 59
B. Alignment of existing legislation with the provisions
of
the Convention 504 61
C. Training 505 - 508 61
CONCLUSION
509 - 510 61
A. Punishment under the Penal Code for
forced
marriage and female genital mutilation 511 -
513 61
B. Extension of compulsory education to age 16
under the
Education Act 514 - 517 62
C. Establishment of a children’s
parliament 518 - 519 62
D. Establishment of a children’s fund
520 - 521 63
RECOMMENDATIONS 522 - 529 63
BIBLIOGRAPHY
65
Note to reader
A first edition of this report was prepared in
July 1998, consisting of two documents entitled “Replies to
questions”
and “Analytical report”.
To aid the
Committee on the Rights of the Child in considering the report, the two reports
were merged into a single report, which
constitutes the present
edition.
This report covers the period 1993-1997.
Acronyms
ADB
|
African Development Bank
|
BF
|
Burkina Faso
|
IBD
|
Islamic Development Bank
|
COAFEB
|
Burkina Faso Coalition of NGOs and Women’s Associations
|
CONAREF
|
National Commission for Refugees
|
CPF
|
Code on the Individual and the Family
|
CNSE
|
National Committee for Follow-up and Evaluation of the National Action Plan
for Children
|
CM2
|
Second year, intermediate level
|
CP1
|
First grade
|
ENSS
|
National Social Work Training College
|
EPI
|
Expanded Programme of Immunization
|
FESPACO
|
Ouagadougou PanAfrican Cinema and Television Festival
|
FNASS
|
National Secondary School and University Arts Festival
|
INSD
|
National Institute for Statistics and Development
|
MEG
|
Basic generic medicines
|
NAP
|
National Plan of Action for Children
|
NGO
|
Nongovernmental organization
|
OBUFADE
|
Burkina Faso Coalition for the Rights of the Child
|
OAU
|
Organization of African Unity
|
PMSEP
|
Prize for best primary school show
|
SNC
|
National Culture Week
|
SIAO
|
Ouagadougou International Crafts Show
|
STD
|
Sexually transmitted diseases
|
STP/PAS
|
Permanent Technical Secretariat for Structural Adjustment Programmes
|
USSU-BF
|
Burkina Faso School and University Sports Union
|
WHO
|
World Health Organization
|
UNHCR
|
Office of the United Nations High Commissioner for Refugees
|
Introduction
1. Article 44, paragraph 1 of the Convention on the Rights of the Child
stipulates that States parties must undertake to submit to
the Committee,
through the SecretaryGeneral of the United Nations, reports on the
implementation of the Convention within two years
of its entry into force and,
thereafter, every five years.
2. Burkina Faso ratified the Convention on
23 July 1990 and prepared its initial report in 1993. That report,
together with an annex
addressing additional questions, was presented before the
Committee on the Rights of the Child on 7 and 8 April 1994.
3. This
report has been prepared in fulfilment of States’ obligation to submit a
periodic report every five years, and is in
conformity with the general
guidelines of the Committee on the Rights of the Child.
General context
4. As one of the poorest countries in the world, with a per capita income
estimated at $780 in 1996 (in terms of purchasing power
parity) according to the
national report on sustainable human development 1997, Burkina Faso is aware of
the need to meet the challenge
represented by continuing poverty, whose most
visible manifestations are illiteracy, malnutrition and low
incomes.
5. The absolute poverty threshold is CFAF 41,099 and
affects 44.50 per cent of the total population. The extreme poverty threshold,
which is estimated at CFAF 31,749 per adult per year, concerns 27.8 per
cent of the total population (1993 Priority Survey).
6. Crop farmers and
polygamous households (especially women and children) are particularly affected
by poverty.
7. To improve the well-being of the population, 49 per cent
of which is under 15, the political authorities have since 1995 adopted
a
sustainable human development policy that is based on a concept of human
security, aimed at providing every citizen with access
to the following, on the
basis of equal opportunities regardless of social sector or of gender:
Economic security from a paid job;
Health security, providing low-cost access to both curative and preventive primary health care, especially for women and children, the most vulnerable groups;
Food (including water) security;
Environmental security, aimed at guaranteeing a healthy environment, and an acceptable level of hygiene, which are essential factors in improving the state of health of the people, especially children;
Individual security affording to all the enjoyment of rights in a democratic
State.
8. The approach to sustainable human development is aimed at choosing
public investments and expenditures that will have maximum impact
on the main
social indicators.
9. In quantitative terms, with regard to children
particularly, the following goals have been set for the year 2005: to raise the
school enrolment rate for girls from 50 per cent to 60 per cent, to
raise the literacy rate to 40 per cent, with special emphasis
on rural
areas and women; to bring the infant mortality rate down to 70 per 1,000 by 2000
(94 per 1,000 in 1993 - INSD demographic
and health survey), to raise
immunization coverage to 100 per cent and to reduce malnutrition among
children.
10. With a view to making the sustainable human development
policy operational, the Government of Burkina Faso together with its development
partners will be organizing, throughout 1998, a sectoral round table of donors
for social sector development, in order to present
its programme of action in
these sectors for the period 1998-2000 and to mobilize the additional resources
necessary for implementing
it.
11. Among the areas covered are health,
education, employment and social integration.
I. GENERAL MEASURES OF IMPLEMENTATION
(arts. 4,
42 and 44, para. 6)
12. Burkina Faso did not enter any reservations on ratifying the
Convention.
A. Measures taken
13. In addition to the general measures of implementation already taken,
which are discussed in the initial report, the Government
has adopted the
following new measures:
Promulgation on 24 June 1996 of Act No. 13/96/ADP of 9 May 1996, introducing the Education Act, which makes education compulsory from age 6 through 16;
Promulgation on 18 December 1996 of Act No. 43/96/ADP of 13 November 1996,
introducing the Penal Code. The Code takes into account
new categories of crime
aimed at the protection of human rights, such as crimes against humanity,
physical abuse of women and infringement
of the freedom to
marry.
14. Like other duly ratified international instruments, the
Convention takes precedence over national legislation in cases of conflict.
This principle is explicitly provided for in article 5 of the Penal Code.
Pursuant to that provision, persons whose rights under
the Convention have been
violated are entitled to a remedy before the competent courts.
B. Mechanisms in place
15. The Follow-up and Evaluation Committee for
the National Plan of Action for Children remains the national mechanism for the
coordination,
follow-up and evaluation of all activities aimed at the promotion
of children’s rights and at children’s development
(see initial
report, p. 4).
16. In order to make it more effective, the Committee was
reorganized in 1996 and a permanent secretariat established.
17. A
midterm evaluation of the National Plan of Action for Children was conducted in
1996. The conclusions and recommendations of
that evaluation indicated the need
to adjust objectives and to organize a round table for donors in order to
mobilize the resources
needed for implementing activities.
18. In view of
the magnitude of the problem of drug abuse for children, a National Committee to
Combat Drug Abuse was established.
The Committee was reorganized in
1997.
II. DEFINITION OF THE CHILD
19. In accordance with the Convention, a child is “every human
being below the age of 18 years unless under the law applicable
to the
child, majority is attained earlier (art. 1)”.
20. The age of
criminal responsibility in Burkina Faso (18 years) is in conformity with the
definition of the child contained in the
Convention. The minimum age for
exercising certain rights varies according to situation.
A. Employment (see initial report)
21. The minimum age of employment (14) no longer corresponds to the maximum
age of compulsory education (16). Harsh living conditions
lead parents to send
their children out to work early, especially in the agricultural and informal
sectors.
B. Marriage (see initial report)
22. The Penal Code provides for new types of criminal conduct, including
infringement of the freedom to marry. Anyone who forces
another person into
marriage shall be punished (art. 376).
23. Puberty as a criterion
for marriage is not explicitly set forth in the Penal Code.
C. Military service and conscription (see initial
report)
24. There is no minimum legal age for participation in hostilities.
D. Consent
25. The consent of children over 15 years of age is required for the
determination of their name in cases where they were using their
mother’s
name and have subsequently been recognized by their father (CPF, art. 37), and
for adoption (art. 474). Consent is
not required for
guardianship.
26. There is no legislation setting a minimum age for legal
and medical consultations without parents’ consent. There is also
no
minimum age for treatment or surgery without parents’
consent.
27. The law does not set a minimum age for consent to sexual
relations.
28. Children may testify in both civil and criminal cases,
with the assistance of their parents. They may not swear an oath if they
are
under 16 years of age.
29. Children are represented by their parents or
guardians in the courts. They may not lodge a complaint and request reparation
before
a court or any other competent authority.
30. Children must be
represented in proceedings which concern them.
31. The law sets no
minimum age for gaining access to information concerning one’s biological
family.
32. From conception onwards, children have the legal capacity to
inherit if they are born living and viable. However, they must have
attained
the age of 20 in order to conduct real estate transactions by
themselves.
33. Children may join associations, under the responsibility
of their parents.
34. Choosing a religion for children is the prerogative
of the parents who are responsible for raising them.
35. There is no
minimum age for consumption of alcohol or other controlled substances.
E. Compulsory education
36. The Education Act sets forth an obligation to enrol children in
school from the age of 6 through 16 years (art. 2). Legally speaking, this is a
step
forward. Practically, however, its implementation is thwarted by lack of
school infrastructure, human resources, teaching materials,
logistical means for
follow-up and by poverty.
37. Thus the scope of this provision appears to
be limited. It affected only 37.7 per cent of the school-age
population in 1996,
and destroyed the previously-existing balance between the
ages of compulsory schooling and of employment (14 years). Harmonization
is
needed.
III. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)
38. The principle of
non-discrimination is defined in article 1 of the Constitution. All citizens
and residents of Burkina Faso enjoy equal protection under the law
(Constitution, art. 4).
39. The Penal Code provides punishment for
offences of a racial, regionalist, religious, sexist or classist nature. The
following
is considered to be racial discrimination in the meaning of article
132 of the Penal Code: “any distinction, exclusion, restriction
or
preference based on race, colour, ascendance or national or ethnic origin, aimed
at destroying or jeopardizing the recognition,
enjoyment or exercise, under
conditions of equality, of human rights and fundamental freedoms in the
political, economic, social
and cultural fields or any other area of public
life” (Penal Code, art. 732).
40. In reality, however,
discrimination between girls and boys persists where schooling
is concerned. In 1995-1996, the school enrolment
rate was lower for girls
than for boys: 30.4 per cent as opposed to 44.76 per
cent.
41. Disparities between urban and rural areas where primary
schooling is concerned have not yet been eliminated. In 1995/96, 34.1
per cent
of pupils attended school in the provinces of Kadiogo (88.7 per cent), Houet
(54.06 per cent) and Boulkiemdé (48.30
per cent), where the three main
towns are located, but where only 19.5 per cent of the schoolage population
lives.
42. Women’s unfavourable social status also leads to
discrimination that is maintained by persistent sociocultural
constraints.
43. Progress has, however, been achieved:
Increase of school enrolment rate for girls from 26.9 per cent in 1993/94
to 30.4 per cent in 1995/96;
Establishment of satellite schools beginning with the 1995/96 school year.
Girls make up 50 per cent of their student bodies;
Prohibition of discrimination in employment and training (Labour Code, art.
1);
Confirmation of women’s equal access to land through Act No. 014/ADP
of 23 May 1996, introducing the agricultural and land ownership
reform in Burkina Faso;
Prohibition under the Penal Code of forced marriage, incitement to forced
marriage and discrimination;
Adoption in 1995 of a national plan of action for girls’ education
aimed at hastening the elimination of discrimination against
girls;
Establishment in 1996 of a Department for the Promotion of Girls’
Education within the Ministry for Primary Education and Mass
Literacy
Programmes.
44. The State has also taken a number of measures in
implementing its children’s policy:
Priority to girls in the assignment of scholarships in the secondary cycle,
beginning with the 1995/96 school year;
Attribution of 60 per cent of the rooms in the student residential complex to
girls, beginning with the 1996/97 academic year.
For other measures, see
initial report, chapter III.
45. Enactment of legislation and the
possibility for victims of discrimination to be heard in court are other
measures in place to
combat this phenomenon.
46. In practice, State
policy is in keeping with the legislation: the national identity card contains
no reference to individuals’
ethnic and geographic origin, which is a
source of differentiation.
47. Land-use planning and programmes are under
way to combat poverty which is an essentially rural problem, are aimed at
reducing
the economic disparities between the different areas. In the field of
education, measures have been taken and programmes established
to eliminate
disparities between boys and girls in the urban and rural areas (establishment
of the Department for the Promotion of
Girls’ Education, Decree No.
96-351/PRES/PM/MEBA of 11 October 1996 on the organization of the
Ministry for Primary Education
and Mass Literacy Programmes). There is no
discrimination against any group of children whatsoever.
48. In the
longer term, women’s unfavourable status (forced marriage, lack of access
to land) remains a concern. Efforts are
being made to address this problem at
all levels (customary and religious chiefs, opinion leaders).
49. The
popularization of the Code on the Individual and the Family through lectures
given in the national languages in the rural
areas and the training of
communicators will be a positive contribution to the social situation of
women.
50. In addition, the Penal Code has introduced new provisions on
offences in the area of marriage. It lays down penalties for anyone
who forces
another person into marriage. Penalties are also established for complicity.
(Penal Code, art. 376.)
51. Finally, Burkina Faso has acceded to the
Beijing Platform for Action and taken steps to give effect to the World
Conference on
Women (Beijing):
Establishment of a national committee for follow-up of the conclusions and
recommendations of the Fourth World Conference on Women;
Establishment of a coalition of Burkina Faso NGOs and Women’s
associations (COAFEB) in 1995;
Establishment of the Ministry for the Advancement of Women in June
1997.
52. No specific measures have been taken to collect data
disagreggated in terms of groups of children: foreigners, refugees or
asylum-seekers
and migrants.
53. Children are protected against
discrimination by the Constitution and the Penal Code, article 132 of which
severely punishes any act of discrimination, but also by the possibility
afforded them to
lodge a remedy before the competent courts.
54. In
practice there is some discrimination between girls and boys. Believing that
boys perpetuate the family and the family name,
parents are willing to make many
more sacrifices to educate boys. Girls’ social status does not allow them
access to land.
They are raised to perform housework.
55. Little
progress has been made.
56. Where traditional practices are concerned,
changes in attitude are the solution. Awareness-raising activities have been
undertaken
to this effect, in particular awareness-raising campaigns and the
project on the popularization of the Code on the Individual and
the
Family.
B. Best interests of the child (art. 3)
57. This principle is taken into account in
several areas:
The promotion of children’s rights is a matter of concern which the
State has expressed in article 24 of the Constitution. National laws and
regulations, in particular the Code on the Individual and the Family, contain
numerous provisions aimed at achieving
the best interests of the child,
including those relating to custody, parental authority, guardianship and social
surveys (arts.
42 to 407, art. 522, etc.);
The courts ensure that the best interests of the child are respected through
the application of the protective provisions established
by law. Child
offenders are dealt with under Act No. 19/61 of 9 May 1961 on juvenile
offenders and children at risk. The courts
also provide for protection for
children who are the victims of offences (violence and other
illtreatment).
58. Allocations to the social sectors are also made with
the best interests of the child in mind. They stood as follows in 1996 (source:
STP/PAS):
*Operating expenditures
Ministry for Primary Education and Mass
Literacy Programmes: 13.9 per cent
Health and Social Action: 11.1 per cent
*Investment and transfer expenditures
Ministry for Primary Education and Mass Literacy Programmes: 4.6 per
cent
Health and Social Action: 2.2 per cent
59. The State is firmly
committed to a policy of sustainable human development. It has adopted a
programme that focuses on health,
education and access to drinking water and
paid employment.
60. Adoption is a measure that enables children to find
families in a position to provide
for their welfare. Rules exist governing
adoption. An inquiry is necessary to determine
whether the adopting family
is able to provide for a child’s care and provide him or her with
a
decent life.
61. As far as the administration of juvenile justice is
concerned, Act No. 19/61 of 9 May 1961 establishes a procedure
that takes
children’s interests into account.
62. With regard to
placement, the social welfare agencies provide follow-up by inquiring into the
child’s living conditions.
63. The social security system provides
for benefits, in the form of family allowances, in order to help ensure the
child’s
interests. The family allowance is CFAF 1,000 per child
per month.
64. The law invests parents with parental authority; thus
they are the persons primarily concerned with providing children with the
care
needed for their well-being. For children enrolled in school, the costs of
medical consultations and examinations are borne
by the State. Such children
are also entitled to an annual medical examination in their
school.
65. With regard to street children, the Government, with support
from UNICEF and the NGOs “Enfants du Monde” and “Save
the
Children Canada” has implemented a pilot project on Education in an Open
Environment (AEMO), which promotes preventive
and educational activities aimed
at the children’s socioeconomic reinsertion.
66. The
project’s main activities involve provision of various services (baths,
laundry, repairs, health assistance, returning
to one’s family,
apprenticeships, literacy courses, educational outings and games). The project
covered 711 young people in
1997.
67. For abandoned children, orphans or
children of parents who are unable to perform their parental duties, apart from
the legislation
on placement and follow-up of children in Burkina Faso, the
authorities, with support from the Kindedorf International Association
(Austria), have established a children’s village, SOS-Kindedorf
International, in Ouagadougou.
68. Institutions, government structures
and public and private establishments are governed by legislation. Areas
such as schools,
secondary establishments and public day-care centres
are governed by special regulations to ensure that they meet the
educational
objectives set
by the State. They are monitored in order to
ensure that legislation is being properly applied.
69. Legislation exists guaranteeing the best interests of the child.
However, difficulties in implementing it persist in the following
areas:
Administration of juvenile justice:
Lack of special protection for children under arrest;
Lack of accommodation for minors in 8 of the 10 jails and correctional
facilities;
Lack of children’s courts.
Adoption: Lack of arrangement for follow-up in respect of children adopted
internationally.
70. In the civil sphere, most of the provisions relating
to the best interests of the child are contained in the Code on the Individual
and the Family. They are described in detail in the reply to question 14 in the
annexed report.
71. In the criminal sphere, the adoption of the Penal
Code, which takes new types of offences into account, has strengthened the
protection
of the best interests of the child, as the following examples
indicate:
Forced marriage and incitement to forced marriage are punished, with
provision made for aggravating circumstances when the girl involved
is less
than 13 years of age (Penal Code, art. 376).
Female genital mutilation is now punishable by law. Those responsible are
liable to a prison term of six months to three years and
a fine of 150,000 to
900,000 CFAF. The penalties in question are doubled when the person responsible
is a member of the medical
or paramedical corps (arts. 380-382). Punishment is
also provided for accomplices to female genital mutilation.
72. Other
offences are also listed, as follows:
Abortion (Penal Code, art. 383);
Voluntary interruption of pregnancy (art. 386);
Child neglect (arts. 391-392);
Desertion (arts. 406-409);
Preventing the identification of a child (art. 397);
Sexual offences (arts. 410 and 411-416);
Incest committed against a person under 18 years of age (art. 421), rape (art. 417);
Trafficking in minors (arts. 431-433);
Particularly severe punishment is provided for selling drugs to minors (art.
445).
73. Difficulties relating to rejection of children born out of
wedlock, children of mentallyill mothers, twins, children of unmarried
mothers
and especially children born of incest remain a disturbing aspect of traditional
life. However, the authorization of voluntary
interruptions of pregnancy in
cases of rape or incest cannot be considered a satisfactory
solution.
74. The ENSS training course for category “B”
social workers contains material on children’s rights, including the
best
interests of the child.
75. The Government is endeavouring to introduce
children’s rights into the formal education system.
C. Right to life, survival and development (art. 6)
76. In addition to article 2 of the Constitution
which guarantees the right to life, the Penal Code protects the right to
life from conception onwards by providing punishment for
abortion and incitement
to abortion and by considering infanticide to be a crime.
77. In the
framework of the NAP, the State, anxious to ensure the child’s right to
life and survival, has implemented a number
of programmes aimed at improving
social indicators, including the following:
Expanded Programme of Immunization (EPI) for children from 0 to 11 months and
from 12 to 24 months and women of childbearing age (15-49
years);
Programme to combat diarrhoeal diseases;
Anti-malaria programme;
Programme to combat malnutrition, including promotion of
breastfeeding.
78. The Education Act sets objectives for education,
including that of enabling children to develop harmoniously and helping them to
acquire knowledge
and attitudes and to develop skills that will help them face
life’s problems (arts. 6 and 7).
79. Deaths must be declared to the
registrar by the surviving spouse, ascendants or descendants or any other person
having information
on the deceased person’s civil status (Code on the
Individual and the Family, art. 117).
80. Despite the adoption of these
programmes the situation has not really improved, as witnessed by the high
infant mortality rate
(94/1,000 in 1993 - INSD demographic and health survey)
and child mortality rate (79.4/1,000 in 1991 - INSD demographic and health
survey).
81. Deaths in clinics or prisons and their causes must be declared
to the registrar and entered in the establishments’ registers.
Deaths
must also be declared by parents (Code on the Individual and the Family, arts.
117-118). In rural areas, such declarations
are not always made, often due to
ignorance.
D. Respect for the views of the child (art. 12)
82. Children capable of forming their own views
have the right to express their opinion before the courts on certain issues. In
connection
with adoption and the determination of their name, their opinions are
taken into account when they are more than 15 years of age.
83. The Code
on the Individual and the Family requires judges to seek the opinion of children
over 15 years of age concerning their
adoption and change of name when they had
initially been recognized by their mother (arts. 474 and
37).
84. Although judges are required by law to seek the child’s
views, they are not required to take those views into account.
They do so
exclusively in terms of the child’s interests.
85. Children’s
views are not always taken into account in the family environment. Parents take
decisions for their children
(see initial report, ch. III, p. 7).
86. In
the schools, student representatives sit on deliberative bodies if their
presence is required (Education Act of 9 May 1996,
art. 39).
87. Children
may express their views in the framework of asylum
applications.
88. Children not having attained majority may go to court
only when represented by their parents or guardians.
89. The
Children’s Parliament was established on 16 June 1997 in fulfilment of the
corresponding provision of the Convention.
90. Measures taken to raise
the awareness of families and the public at large and to encourage children to
exercise their right to
express their views are among the many measures adopted
to make the Convention known.
91. With the exception of health personnel
trained by the National School of Public Health (ENSP), who receive
training in child development
as a component of their child psychology courses,
health personnel do not receive such training.
92. Members of NGOs
receive training in children’s rights.
93. University colleges,
psychology departments and teachers’ and nurses’ training schools do
not include courses on the
Convention.
94. Judicial and political
decisions are occasionally influenced by pressure from public opinion. No
consultations or evaluation
of complaints have been observed as yet.
IV. CIVIL RIGHTS AND FREEDOMS
(arts. 7, 8, 13-17 and 37 (a))
95. The Constitution, Code on the Individual and the Family and Penal
Code guarantee children the civil rights and freedoms set forth in the
Convention
on the Rights of the Child.
A. Name and nationality (art. 7)
96. All births occurring in the territory of
Burkina Faso must be declared to the registrar in the place of birth within a
period
of two months from the day of birth (Code on the Individual and the
Family, art. 106). Responsibility for declaring the birth lies
with the
parents, one of the ascendants, close relatives or any other person having been
present at the birth.
97. Hospitals, maternity wards and public or
private health clinics maintain registers in which they enter births by order of
date
(art. 108).
98. To facilitate registration, registry offices have
been opened in maternity hospitals and health units. Many births, however,
take
place outside of health centres due to the parents’ poverty.
99. No
specific measures have been taken for awareness-raising and mobilization of
public opinion concerning the need to register
births.
100. No specific
measures have been taken to provide registry staff with appropriate
training.
101. The following identity elements are taken into account in
registering births: surnames, first names, date and place of birth,
sex, names
of father and mother or the person who has recognized the child, whether the
father or mother.
102. When choosing a name for the child, the registrar
must do so in such a way as not to affect the child adversely (art.
39).
103. The registrar is also prohibited from receiving or giving
surnames or first names other than those confirmed by usage, tradition
and
religion (art. 35).
104. No discrimination exists.
105. The law
grants children the right to know and be brought up by their parents. Articles
5 and 296 of the Code on the Individual
and the Family stipulate that parents
must keep their children in the home and that they are under the obligation to
feed, educate
and supervise them.
106. Children have the right to acquire
a nationality, particularly in cases where lack of nationality would make them
stateless:
holders of Burkina Faso nationality are children born in Burkina
Faso of a father or mother also born there, children born in Burkina
Faso of
unknown parents, children born in Burkina Faso who cannot claim any nationality
of origin and newborn infants found in Burkina
Faso (arts. 140, 142 and
143).
107. Minor children born in Burkina Faso of foreign parents and
foreigners or stateless persons adopted by a Burkina Faso national
may acquire
Burkina Faso nationality (arts. 140, 142 and
143).
108. There is no specific provision for attribution or acquisition
of nationality for children born out of wedlock; such children
have the same
rights as other children. Double nationality is not authorized.
109. No
new provisions have been enacted (see initial report, chap. IV).
B. Preservation of identity (art. 8)
110. Preservation of identity is ensured by the
provisions of the Code on the Individual and the Family concerning attribution
and
change of name (see initial report).
111. Preservation of the
child’s identity is ensured through registration in the civil register and
the drawing-up of a birth
certificate or judgement establishing the date of
birth.
112. In addition, rules governing attribution and change of name
are set forth in article 33 of the Code on the Individual and the
Family
(“No one may bear any surname or first names other than those listed on
his or her birth certificate or judgement establishing
the date of birth or
mentioned additionally.”).
113. Changes of name are governed by a
procedure which makes it possible for the public prosecutor’s office to
exercise supervision,
by conducting inquiries and making submissions; changes
may be authorized only through a judgement handed down by the court of major
jurisdiction in the place of birth. Such judgements are transcribed in the
civil register entry for the person in question and his
or her spouse and minor
children.
C. Freedom of expression (art. 13)
(See initial report,
chap. IV, p. 9)
114. Children are
recognized by the Constitution as having freedom of expression. They have the
right to express themselves orally, in writing and through printed or artistic
works
(drawing, music, dance, games, speech, theatre ... ). This right is an
integral part of social policy, which the State guarantees.
115. Young
people are involved in several national and international activities organized
in the country, including:
The USSU-BF tournament;
The National Culture Week (SNC);
The Ouagadougou Pan-African Cinema and Television Festival (FESPACO);
The Ouagadougou International Crafts Show (SIAO).
116. The following are
also worthy of mention:
Competitions: the prize for the best primary school show (PMSEP), the National Secondary School and University Arts Festival (FNASS) and poetry recitals for children;
Establishment of the Children’s Parliament on 16 June 1997.
117. Children have the opportunity to express themselves through
participation in forums organized in the country (regional summit
on children,
16 June commemorations, etc.).
D. Freedom of thought, conscience and religion (art.
14)
(See initial report, p. 10)
118. This right is
recognized by the Constitution in article 7. In practice, the exercise of this
freedom is often influenced by parents.
119. No specific new measures
have been taken to provide children with the possibility of manifesting their
religion or beliefs.
The Constitution guarantees this freedom, subject to
respect for the law, public order, morality and human dignity.
E. Freedom of association and of peaceful assembly (art.
15)
(See initial report, chap. IV, p. 10)
120. Freedom of
association is recognized by the Constitution, the only restriction being that
it must be exercised in conformity with the legislation in
force.
121. The Education Act authorizes students to establish
associations within public and private educational establishments for the
defence of their interests
(Education Act, art. 40).
122. Children may
create or join associations, but only under their parents’
responsibility.
123. There are no recognized children’s
associations.
F. Protection of privacy (art. 16)
124. The inviolability of the home, domicile,
privacy and family life and secrecy of correspondence are guaranteed by the
Constitution. The Penal Code prohibits any undermining of privacy (arts.
371-375), individual freedom and inviolability of domicile (art. 360)
or secrecy
of correspondence (arts. 168-375).
125. The Act of 9 May 1961 on Juvenile
Offenders and Children at Risk contains a special provision to protect
children’s privacy
during legal procedures; article 23 prohibits the
publishing of any accounts of discussions concerning minors or the reproduction
of any pictures or drawings of them.
126. However, the law does permit
access to domiciles under certain circumstances and under the conditions set
forth in the Code of
Criminal Procedure (searches and seizures) (Code on the
Individual and the Family, art. 58) (see initial report, p. 19).
G. Access to appropriate information (art. 17)
(See initial
report, p. 10 and annex, p. 12, question No. 20)
127. Children have
access to information through radio, television and written material. As part
of National Culture Week, children’s
literature has been introduced in
both the national language and French.
128. No measures have been adopted
to encourage international cooperation in this area.
129. Mention should
be made of the national film censorship commission. For television programmes,
public reaction and pressure from
children’s rights associations are
effective means of censorship.
130. Mention may be made, however, of
actions planned to improve access to appropriate information. These
include:
Gradual introduction of reading and cultural activities centres (CLAC), with support from the French cooperation agency;
Increase of local radio stations and plans for television coverage of the entire territory, which will facilitate access to information for a maximum number of children.
H. Right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a))
131. Article 27 of Act No. 19/61 of 9 May 1961
stipulates that parents who ill-treat their children shall be prosecuted.
Article
332 lays down punishment for causing bodily harm to children under 15
years of age or depriving them of food or care to the point
of jeopardizing
their health.
132. In addition, article 535 of the Code of Criminal
Procedure makes ill-treatment a ground for removal of parental
authority.
133. Inhuman, cruel, degrading and humiliating treatment,
physical or mental torture, illtreatment inflicted on children and any form
of
degradation of the human being are prohibited by the Constitution (art. 2) and
are punishable under criminal law.
134. Article 393 of the Penal Code
punishes anyone who subjects to danger or abandons at an unfrequented location,
a child or other
person unable to protect himself or herself owing to his or her
physical or mental state, or incites others to do so.
135. Children may
lodge remedies, but they must exercise this right under the representation and
authority of their parents or guardians.
The prosecutor may initiate
prosecution when applied to directly.
136. Despite all the steps and
measures taken, child abuse continues because of the conspiracy of silence and
because of insufficient
efforts to raise awareness of both parents and children.
Some brutal images have also been shown to the public on
television.
137. No education or training activities have been undertaken
to prevent all forms of illtreatment.
138. Cases of ill-treatment are not
always brought to the authorities’ attention. Nevertheless, in 1996-1997
668 children were
the victims of ill-treatment in three provinces (Kadiogo,
Bazèga and Yatenga).
139. Complaints of ill-treatment may give
rise to police inquiries, which frequently lead to judgements and
punishment.
140. It should be understood, however, that the main
difficulty in combating such practices lies in the fact that corporal punishment
is a traditional child-rearing method that is still in force, especially in
rural areas.
141. Children who are the victims of ill-treatment may be
placed in an institution or with a trustworthy individual with a view to
ensuring their physical and psychological rehabilitation and
reintegration.
142. There is no independent monitoring
system.
143. A broad awareness-raising campaign is needed to encourage
neighbours and the public at large to report cases of child abuse,
including
those responsible, to the competent authorities.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
144. The importance of the family is recognized
in law: the family is the basic unit of society (see initial report, p.
12).
A. Parental guidance (art. 5)
145. In defining the family, the Code on the
Individual and the Family recognizes the nuclear - i.e. marriage-based -
family, which
it grants the right to educate its children and direct that
education. Parental supervision also involves providing vocational guidance
and
moral and religious education for the child.
146. In practice, however,
parental guidance is not merely the responsibility of the mother and father.
The extended family also
plays an important role.
147. There is no family
counselling service or parental education programme.
148. However, awareness
campaigns have been carried out in this regard and will continue to be carried
out as part of the national
plan of action for children. The Code is currently
being popularized in order to give parents a better understanding of their
rights
and responsibilities.
B. Parental responsibilities (art. 18, paras. 1-2)
149. The responsibility for the child’s
upbringing rests primarily with the parents. They have a duty to provide a home
(Code
on the Individual and the Family, art. 511), to supervise their
children’s activities and personal relationships (art. 512),
to protect
their physical well-being and to defend their individual
rights.
150. Parents may not be released from their obligation to care
for their child. In cases of abandonment, therefore, the legal guardian
is
liable to punishment in the form of deprivation of parental authority and a
criminal sentence (Penal Code, art. 406).
151. According to article 1384
of the Civil Code, parents are responsible for damages caused by their minor
child.
152. No specific measures have been adopted to render appropriate
assistance to parents and legal guardians in the performance of
their
childrearing responsibilities.
153. Care is provided for children
in every health centre in the country.
154. No specific measure has been
adopted for children from single-parent families.
155. Special provision
is made for children from the most disadvantaged groups by the technical
services of the Ministry of Social
Action and the Family and a number of NGOs
and associations:
Free registration in school and
pre-school;
Subsidies for school supplies;
Holiday
camps;
Search for sponsors;
Budget allocations for the children placed (5 million CFAF in 1997). These allocations still do not meet the needs, however.
156. No disaggregated data exist.
157. Apart from the Ministry of
Social Action and the Family, which is responsible for preparing, coordinating,
following up and evaluating
programmes for children, and a number of NGOs and
associations, there are no institutions, establishments or services responsible
for monitoring children’s well-being.
158. Under the law, both
parents have joint responsibility for bringing up and ensuring the development
of their child. In practice,
the precariousness of most parents’
existence prevents them from discharging this responsibility
effectively.
C. Separation from parents (art. 19)
159. If a child is separated from the family
environment, both father and mother continue to exercise parental authority
where this
is not incompatible with the implementation of educational measures.
If the parents are separated, custody is awarded to one or
the other of them,
taking account of the child’s best interests. Custody of a child under
the age of 7 should be awarded to
the mother except where that would involve
some risk. The parent who does not have custody has visiting and accommodation
rights.
160. The child is considered domiciled with the parent who
exercises the right of care, supervision and maintenance on the child’s
behalf.
161. In certain circumstances, notably in cases of child abuse or
when the parents live apart, a child may be domiciled with one or
other of his
parents or exceptionally with a third party.
162. The decision concerning
the place of residence rests with the courts of major jurisdiction. It is taken
following a discussion
between a judge and the parents to determine who is the
best person to provide care, in the interests of the child (art. 402). If
the
judge has doubts concerning the parents’ capacity, he may order a
background inquiry (art. 403). Decisions concerning
custody may be amended
whenever the best interests of the child so require.
163. The court shall
take into account any agreements on child custody the parents may have reached.
In the absence of such agreement,
the parents are given a hearing in court, at
which they can present their case on how they intend to resolve the
child’s situation
and on their respective ability to provide care, in the
best interests of the child. Background enquiries shall take account of
children’s views. The decision rests solely with the court,
however.
164. The parent who has not been awarded custody of the children
retains the right to supervise their maintenance and education, and
has visiting
and accommodation rights. These rights can be denied only for very good cause,
notably when they would run counter
to the child’s best interests (Code on
the Individual and the Family, art. 405).
165. A child who is separated
from both parents has the right to maintain personal relations and direct
contacts with each of them
on a regular basis. Very little account is taken of
the child’s views in this regard.
166. Persons who are detained or
in prison have the right to parental visits upon authorization from the judge or
the prosecutor.
The bodies of persons who die in prison are returned to their
family on request. There is no law against information being provided
to
children or parents regarding the place where a family member is detained or
imprisoned.
167. There are no disaggregated data.
168. Progress
has been made in implementing article 9 of the Convention to the extent that
judicial decisions regulating visiting
and accommodation rights in cases where a
child is separated from one or both parents have been
standardized.
169. The chief difficulty with regard to implementation of
article 9, paragraph 2, is the fact that the interested parties may not
take
part in the deliberations. They may be given a hearing,
however.
170. The State’s objective for the future is to reduce the
incidence of family breakdown, for example through family education
programmes,
since it is in the family environment that children should be cared for,
educated and protected, learn social and cultural
values and receive their
preparation for life.
D. Family reunification (art. 10)
(See initial report, p.
13)
171. A child is
authorized to enter Burkina Faso for purposes of family reunification provided
he or she obtains an entry visa, if
that is required having regard to the
country of origin. A visa application has no adverse consequences for the
applicant.
172. A child is authorized to leave Burkina Faso for the same
purposes, subject to an authorization to that effect being signed by
the person
who has custody of the child. Travel documents are provided on sight of this
authorization. Application to the competent
authorities has no adverse
consequences for the child submitting it.
173. Applications are dealt
with by the Ministry of Territorial Administration, without discrimination and
with due regard to the
rights of the child.
174. No disaggregated data
are available.
175. A child whose parents live in different countries may
maintain direct contact of all kinds with both parents without restriction
or
interference of any kind by the competent authorities.
176. There are no
restrictions.
177. The legislation on this matter complies with the
provisions of the Convention.
E. Illicit transfer and non-return (art. 11)
(See initial
report, p. 13)
178. The difficulties
in this regard relate to monitoring, since there are no structures in place in
the countries concerned.
F. Recovery of maintenance for the child (art. 27, para. 4)
179. Recovery of maintenance is carried out by
court ruling or order. The amount is set by court decision, taking into account
the
child’s needs and the income of the person who is to pay every
month.
180. Maintenance is paid to the person caring for the child. In case
of default - failure to pay for two months - recovery may be
effected by direct
deductions from pay and other revenue (Code on the Individual and the Family,
art. 694).
181. Recovery may also be effected by confiscation of the
property of the person responsible for maintenance payments.
182. Parents
who evade maintenance payments may be made to pay by forcible recovery
proceedings. They may be sentenced to prison
and a fine (Penal Code, art. 407).
183. The right to maintenance and the recovery procedures apply for all
children without distinction, as a means of protecting children’s
life,
survival and interests.
184. Where a child is not registered in the civil
registry, proof of parentage - on which maintenance is based - is difficult to
establish
in cases of dispute. In such cases, the law provides for the child to
be supported by an allowance for education and maintenance,
to be paid by those
who had sexual relations with the mother during the legal period of conception
(Code on the Individual and the
Family, art. 465). However, in some cases the
decision (enforcement procedure) is impossible to implement owing to the
insolvency
of those responsible for maintenance.
185. Under the
reciprocal enforcement arrangements between France and Upper Volta,
signed
in Paris on 24 April 1961, and the agreement on the Common African and
Mauritian Organization (OCAM), signed with 11 African countries in
Antananarivo on 12 September 1961, decisions, including those relating
to recovery of maintenance,
may be enforced upon completion of certain
procedures in the signatory countries.
186. No disaggregated data are
available.
G. Children deprived of a family environment (art. 20)
(See
initial report, p. 13)
187. Provision has been
made for measures to protect and assist children deprived of a family
environment, including establishment
of a special service, adoption of a plan,
for protection of children at risk; and adoption of kiti (decree) No.
AN-VII-0319/FP/SAN-AS/SEAS
of 18 May 1990 on the placement and
monitoring of children, and kiti No. AN-IV 210/CNR/EP-SN of 26 December 1986 on
orphanages and
institutions for the care and custody of orphaned and abandoned
children. Adoption is governed by the Code on the Individual and
Family.
188. Alternative care is provided in the form of placement in an
institution or an adoptive family, or enrolment in supervision and
training
centres in public or private institutions. Customary adoption is still
practised in Burkina Faso.
189. Priority is given to placement in
families rather than placement in institutions.
190. Monitoring is
carried out by decentralized social services.
191. The principles of the
Convention are observed.
192. Children placed in foster families receive the
same ethnic, religious, cultural and linguistic education as the families’
own children. In other cases, for example institutions and training centres,
teaching is carried out in French, the official language
of Burkina Faso, while
having due regard to individual differences (National Education and Protection
Institute INEPRO and Orodara
Children’s Centre).
193. No
disaggregated data are available.
194. The Government is gradually
increasing the importance it gives to care institutions and family placement,
both through budget
allocations - notably to INEPRO - and by establishing a
national policy on special education. The problems in this area are the
inadequacy of care structures and facilities and the lack of any central public
institution for the reception and care of children
aged 0 to 6.
H. Adoption (art. 21)
195. Adoption is regulated under articles 470 to
507 of the Code on the Individual and the Family, which set forth conditions,
procedures
and consequences, taking into account the child’s best
interests.
196. The courts of major jurisdiction are competent to
authorize adoption. Adoption is authorized once the court has obtained
information
on the adopter’s moral standing and financial position, and on
his or her ability to provide the child with education and guarantee
maintenance, growth and harmonious development. Such information is obtained by
inquiry (Code on the Individual and the Family,
art. 504).
197. The first
step in the procedure is the submission of an adoption application, accompanied
by the written agreement of the institution
or the private individual caring for
the child, or a certified copy of the required consent. This application is
submitted to the
court. Following the inquiry, and when the public prosecutor
has given his opinion, a decision is handed down. This decision may
be
appealed.
198. Children whose mother and father are unknown or deceased,
and abandoned children or children whose mother and father or the family
council
have duly consented to adoption, may be adopted.
199. Consent to adoption
is given by an authentic deed drawn up by the civil court or the head of the
administrative district where
the consenting person is domiciled or resident, or
before a foreign notary or before diplomatic or consular officials of Burkina
Faso (Code on the Individual and the Family, art.
483).
200. Children’s views are taken into consideration in cases
of adoption if they are aged over 15.
201. Protection of the child is guaranteed by inquiries and by the checks
carried out by the prosecutor and the court of major jurisdiction.
The aim of
these procedures is to find the child a family that can ensure his or her
growth, development and education. Monitoring
is carried out by the social
services.
202. Full adoption (Code on the Individual and the Family,
arts. 486-489, 494, 495, 497-499) has the effect of conferring on adoptees
a
relationship of filiation that replaces their original filiation. They cease to
belong to their natural family. The adopted child
has the same rights and
obligations as a child born within the marriage.
203. Simple adoption, on
the other hand, has the effect of making adopted children members of the
adoptive family while retaining
their rights, including hereditary rights, and
their duty of maintenance, with respect to their natural family. Adoptees
retain
their surname and have a duty of maintenance towards the adopter. They
maintain their links with their family.
204. The practice of confiage
(fostering) of children - generally children from rural families who are
taken in by urban families as servants or apprentices - is
widespread in Burkina
Faso. The length of time such children stay in their host families varies
depending on their sex, girls’
stay generally being shorter because they
leave to get married. Boys leave confiage when they find more or less
precarious employment in the informal sector of the economy. There are few
known cases of children returning
to their places of origin. Confiage is
not yet quantifiable in statistical terms, however.
205. In the case of
children for whom domestic adoption has not been possible, intercountry adoption
is available to give them the
opportunity of acquiring a family that will
provide the care they need to develop fully. A child adopted abroad enjoys the
same
guarantees as apply in cases of domestic adoption.
206. Adoption
entails no financial gain for the officials concerned.
207. Monitoring of
adoption placements is regulated by law. Intercountry child adoptions are
monitored in accordance with article
13 of joint decree No.
93/00/SAN-ASF/MIJ/MERX, on the implementation of kiti No.
AN-VII 0319/FP/SAN-AS/SENS of 18 May 1990 on placement
and monitoring of
children in Burkina Faso.
208. Burkina Faso ratified the Hague
Convention on the Civil Aspects of International
Child Abduction, adopted on
25 October 1980, and the Hague Convention on Protection of Children and
Co-operation in respect of Intercountry
Adoption, adopted on 29 May 1993,
on 11 January 1996.
209. Domestic placements in Burkina Faso
are made on a purely temporary basis.
210. The figures for intercountry
child adoptions are as follows: 24 in 1994, 42 in 1995 and 48 in
1996.
211. There appears to be very little interest in adoption within Burkina
Faso. The State is therefore obliged to resort to intercountry
adoption, with
all its potentially worrying implications. The lack of resources makes it
difficult to implement any monitoring mechanism
and there is no information on
adoptive families.
212. Some progress has been made, with the imminent
appointment of a social worker in the Burkina Faso embassy in France, the
country
which adopts most children, and the establishment of an extended
inter-ministerial commission, on which private care institutions
are also
represented, to monitor and implement the Hague Conventions on intercountry
adoption and on abduction. The aim is to provide
better protection to children
involved in intercountry adoptions.
213. Adoption is an instrument
designed to protect children. Children may be adopted if their parents are
unknown or deceased, if
they have been abandoned, or if their parents or the
family council have given their formal consent to adoption.
214. The
Government is concerned to promote domestic adoption. However, given the lack
of domestic demand due to social and cultural
problems, it has no alternative
but to resort to intercountry adoption, with consequences that may be difficult
to control, particularly
as regards monitoring.
215. Customary adoption
is still practised.
I. Periodic review of placement (art. 25)
216. The court may order implementation of
educational measures for the child. It may maintain the child in its current
environment.
If it decides to separate the child from the family environment,
it may entrust the child to the parent who did not have custody,
another family
member, a third person of confidence, or to an education service or
establishment.
217. This decision, which is taken on the basis of
regular reports to the court, may be amended or deferred by the court, either on
its own initiative or at the request of both parents jointly or of one of them,
or of the person or service caring for the child,
or the child’s guardian
or the child itself, provided only that the court consults the family (Code on
the Individual and the
Family, art. 532).
218. For the monitoring of
placements, see the initial report, page 15.
219. According to article 13
of kiti (Presidential decree) No. AN-VII 0319/FP/SAN-AS of 18 May
1990, on placement and monitoring of
children in Burkina Faso, regular
monitoring of any child placed shall be carried out by the technical services of
the Ministry of
Social Action and the Family. Article 14 describes the form
such monitoring shall take, i.e., regular visits by a social worker
appointed
for that task.
220. The competent authorities are the representatives of
the relevant technical services of the Ministries of Social Action and the
Family, Justice and Foreign Affairs, all of which are signatories of joint
decree No. 93-001/SAN-AS/MJ/MREX of 10 January 1994, on
implementation of the
aforementioned kiti (Presidential decree).
221. The decision to place a child
is taken in cases of abandoned children, orphans and those from needy families,
aged 0 to 2.
222. The aforementioned regulations do not specify the
periodicity of the review of placement. It should be carried out as frequently
as possible, however, and is obligatory in cases of necessity
(illness).
223. Placement is carried out in strict accordance with the
principles of the Convention.
224. No current disaggregated data are
available. The child selected for adoption stays with the requesting family for
six months.
225. The fact that the Government now makes budget provision
for children in placement represents a step forward: 1.5 million CFAF
under the
1996 Finance Act and 5 million CFAF under the 1997 Finance Act. The major
difficulties continue to be financial ones due
to the extent of the problem of
abandoned children. The State’s aim is to increase budget allocations and
establish a framework
structure for public care.
J. Abuse and neglect (art. 19), including physical and psychological recovery and social reintegration (art. 39)
226. The legislation condemns all forms of
physical or mental violence, injury or abuse, neglect or negligent treatment,
and maltreatment
or exploitation of the child, including sexual abuse while in
the care of parents or parent, legal guardians or any other person
who has the
care of the child.
227. Both the criminal legislation and the Code on
the Individual and the Family prohibit violence against children, including
genital
mutilation (Penal Code, arts. 380-381), deliberate assault on a child
aged under 15 and deprivation of food and care (art. 332),
rape (art. 417),
child neglect (arts. 391-397), abandonment (art. 406) and abuse (Act No. 19/61
of 9 May 1961 on juvenile offenders
and children at risk, art. 27). Under
article 535, parents forfeit their authority in cases of abuse of a
child.
228. The prosecutor may initiate proceedings on being informed of
a case of violence against a child.
229. A child may lodge a complaint
through a representative in order to seek not only the punishment of the
perpetrators but also
compensation for harm suffered, in the form of a sentence
to pay damages and interests.
230. Social services and criminal
investigation officers may intervene if they receive information concerning
maltreatment or other
violence against children.
231. Information and
awareness-raising campaigns for the public at large are carried out in order to
prevent situations of violence
and abuse, and to strengthen the system of child
protection, especially with regard to genital mutilation.
232. A family
education service has also been established, which is responsible, among other
things, for helping in the implementation
of awareness-raising programmes aimed
at discouraging practices that are harmful to the family, and in the adoption of
a national
plan for family education.
233. The penalties provided under
the Penal Code and the forfeiture of parental authority are intended to have a
deterrent effect.
234. No provision has been made for the establishment
of social programmes.
235. There are no other preventive
measures.
236. Children may be taken away from their families in their
own interests and placed in the care of individuals or charitable
institutions.
237. Health and social workers have a duty to report all
violence and injury they detect.
238. This issue is a major concern of
social services and the Education in an Open Environment Campaign (AEMO), which
are continually
monitoring the situation.
239. There is a telephone
helpline for cases of genital mutilation.
240. Students at the National
Social Work Training College take courses on the rights of the
child.
241. Orphanages and education and training centres provide
training for children to help with psychological recovery, and literacy
classes
to prepare them for economic and social reintegration when they leave. However,
the centres have problems of capacity and
lack facilities. A memorandum of
understanding between Burkina Faso and France on revitalizing the centres is
currently being finalized.
242. As awareness of the problem spreads,
thanks to consciousness-raising campaigns and the popularization and explanation
of the
Code on the Individual and the Family in the provinces, parents are
better able to understand their obligations towards their children
and the fact
that maltreatment of children is prohibited.
243. It is difficult to
obtain information on intra-family violence.
VI. BASIC HEALTH AND WELFARE (arts. 6, 18 para. 3,
23,
24, 26, 27 paras. 1-3)
A. Disabled children (art. 23)
244. The
situation of disabled children is still very poorly documented. Nevertheless it
was an important variable in the 1996 general
population and housing
census.
245. The results of that census will make it possible to
establish the exact number of disabled children and the type of disabilities,
and to prepare disaggregated data by age, sex and region of
origin.
246. The Government is also currently preparing a national
rehabilitation policy, together with a national plan of action, which will
address the specific needs of disabled children.
247. At the same time,
it should be borne in mind that zatu (Ordinance) No. 86005/CNR/PRES of 16
January 1986 granted disabled children
certain welfare benefits (see initial
report, p. 16).
B. Health and health services (art. 24)
248. The right to health is recognized under the
Constitution (art. 26).
249. The child’s right to the enjoyment of
the highest attainable standard of health and to facilities for treatment and
rehabilitation
is recognized under the Constitution (art. 26). This right is
exercised without any discrimination whatsoever, including with regard to access
to health services.
250. Burkina Faso had 921 health facilities in 1995:
2 national hospital centres, 10 regional hospital centres, 16 medical centres
with surgical annexes and 686 health and welfare centres. There were also 199
private health institutions, including 13 maternity
clinics, 12 doctors’
offices and 59 pharmacies.
251. Between 1985 and 1993, the number of
medical and paramedical staff rose from 3,281 to 4,338, an increase of 3.5
per cent per
year. By 1995, numbers had risen to 4,488 (source: DEP
Health, Health Statistics). There has thus been a significant increase of 36.78
per cent in human resources over the 10-year
period
1985-1995.
252. Numbers of health workers are nevertheless still below
WHO standards.
253. Despite the implementation of a number of programmes
aimed at maintaining children in the highest attainable state of health,
their
health situation - which is intimately linked with that of their mothers - has
barely improved since 1994, basically owing
to the persistence of epidemics such
as meningitis, the advent or spread of endemic diseases such as malaria or the
AIDS pandemic,
malnutrition, and lack of access to medical services or
medicaments - this last due to low purchasing power, itself exacerbated by
the
1994 currency devaluation. The situation continues to be characterized by high
infant and child mortality rates (94.6 per thousand
in 1993 and 79.4 per
thousand in 1991 respectively - INSD demographic and health
survey).
254. Two major meningitis epidemics ravaged the country in 1995
and 1996, decimating the numbers of children and prompting the authorities
to
prepare a national anti-epidemic plan and establish a national anti-epidemic
fund (FONALEP).
255. According to a multiple-indicator survey carried out
in 1996, vaccination coverage was as follows: tuberculosis (BCG), 55.5
per
cent; diphtheria-tetanus-pertussis (DTP), 32.3 per cent; trivalent oral polio
vaccine (OPV), 32.1 per cent; varicella, 35 per
cent.
256. In terms of
the use of micronutrients (1996 multiple-indicator survey), 6.8 per cent of
children received a vitamin A supplement
(capsule); while the rate of knowledge
and use of foodstuffs that could prevent and treat night blindness was 2.2 per
cent.
257. Iodized salt is used by 22.5 per cent of households in the
main meal of the day. The figure is 26 per cent in urban areas and
22 per cent
in rural areas.
258. The rate of use of iodized salt is the outcome of a
programme implemented in selected geographical areas before legislation was
adopted on the import of iodized salt.
259. The proportion of children
aged under one year registered in childcare clinics is below 40 per
cent.
260. In order to prevent problems relating to vitamin A deficiency,
the health authorities are now distributing capsules free of charge
in the eight
worst affected provinces: Bam, Namentenga, Tapoa, Sanmatenga, Yatenga,
Oubritenga, Soum and Passoré.
261. The Government has adopted an
important piece of legislation - joint decree No. 96129/MS/MEF/MICA, of 20
May 1996 - regulating
the sale and use of iodized salt throughout the country,
in order to combat iodine deficiency disorders, which are a public health
problem. All salt for human consumption must now be iodized, under article 4 of
the decree.
262. On malnutrition, the 1993 demographic and health survey
provides the following indicators:
Stunted growth (indicator: size for age): 29.4 per cent of children
aged under 5 suffer from chronic malnutrition, including 10.9 per cent suffering
from severe chronic malnutrition. More common in boys than in girls: 31 per
cent compared with 28 per cent;
Wasting (indicator: weight for size): 13.3 per cent of children aged
under 5 suffer from acute malnutrition. More common in rural areas
(14 per
cent);
Underweight (indicator: weight for age): 30 per cent of children
aged under 5 are underweight, including 8 per cent who are seriously
underweight.
263. The Government adopted a safe motherhood strategy in
1995, with a view to improving maternal and infant mortality rates.
264. The health situation also reflects problems and shortcomings affecting
mothers and children in particular:
Inadequate health coverage: 51 per cent of urban populations and 48 per cent of rural populations have access to health facilities;
In some cases, excessively long distances to health and welfare centres:
about 50 per cent of rural populations must travel up to
30
kilometres. The average distance is 10.5 kilometres;
Pharmacies concentrated in towns (90 per cent): partial coverage of the provinces in terms of basic generic medicaments is provided by the Basic Generic Medicines Supply Centre (CAMEG);
State budget allocations are low compared with the WHO standard of 10 per
cent: the percentage of the national budget allocated to
health is about 6 per
cent (DEP-health statistics).
265. Health coverage is nevertheless
advancing, as a result of a programme to build several health centres and
medical centres with
annexes, train staff and improve staff distribution around
the provinces. Seventeen of the 53 planned medical centres with annexes
are now
in operation and 30 are under construction, while funding is being sought for 6
others.
266. In the area of human resources, the structural adjustment
programme continues to focus on staff recruitment.
267. The Ministry of
Health receives support from a range of bilateral and multilateral partners, in
the form of cooperation from
the Netherlands, France, Italy and the European
Union, and support from the United Nations Children’s Fund (UNICEF), the
German
Agency for Technical Cooperation (GTZ), the World Health Organization
(WHO), the Inter-American Development Bank (IDB) and the African
Development
Bank (ADB).
268. The State’s objectives are to operationalize the
53 health districts, whose basic concern is to improve mother and child
health,
and secondarily to improve geographical and financial accessibility to health
care.
269. With regard to data collection, all districts now have
computers and trained staff. The national health information system is
to be
reviewed in order to improve data collection and processing.
270. No
sharp distinction is made between general health services and primary
health-care provision in health centres generally.
Promotion of primary
health-care services is carried out at the peripheral level.
271. With
regard to the balance between types of care, the national and regional hospitals
provide basically curative treatment.
All other health facilities provide
curative care but also have preventive care units (vaccinations, prenatal
consultation).
272. Out of 2,040,000 patients admitted to health centres for
curative treatment
in 1995, 35 per cent were aged 0 to 4
years.
273. Preventive treatment rates are as follows: BCG, 78.03 per
cent; DTP 3, 47.29 per cent; varicella, 55.59 per cent (source:
DEP/health, health statistics).
274. The main problems relate to
mothers’ unawareness of the vaccination schedule, distance to health
facilities, and year-round
financial availability of basic generic
medicines.
275. The expanded programme of immunization operates at the
level of health services through the provision of vaccines and vaccination
equipment, staff training and logistical support. The Government has
established a budget line for vaccine acquisition. Vaccine
for target diseases
is free of charge under the expanded programme of
immunization.
276. According to the 1993 demographic and health survey,
30 per cent of children aged under 5 are underweight, including 8 per cent
who are seriously underweight.
277. The most common diseases are
infectious, parasitic and water-related diseases. They occur in situations
where poverty has given
rise to malnutrition and lack of access to drinking
water.
278. Children affected by malnutrition:
One of the causes
of malnutrition in children is dietary taboos;
Protein-energy malnutrition: 29 per cent of children aged 0 to 5, as
indicated by weight/age;
Anaemia: 70 per cent of children aged 0 to
5;
Iodine deficiency disorders: incidence of goitre > 10 per
cent;
Vitamin deficiency, including vitamin A deficiency: incidence of night
blindness > 1 per cent in children aged 2 to
10.
279. No information is available on numbers of children receiving
sufficient food.
280. Urban sanitation programmes have been implemented
(waste disposal). Only 38.4 per cent of pregnant women were
given prenatal
consultations in 1991, despite the fact that 95 per cent of
health facilities provide prenatal care. There is no information available
on
prenatal care. Maternal mortality is 566 per 100,000 live births (INSD health
survey, 1991). The causes are haemorrhages, infections,
obstructed labour,
abortion and anaemia. Out of 108,236 live births in 1995, there were 675
cases of maternal death.
281. The various programmes aimed at providing the highest attainable state
of health for children include information, education
and communication
components, all of which use the same techniques - audiovisual material,
leaflets, etc. There is no single specific
awarenessraising
programme.
282. Methods involve making medicines and treatment for mother
and child health available to communities, educating mothers to use
nutritious
foods, promoting consumption of locally produced foodstuffs and using all
available means to raise awareness.
283. Sanitation services exist at the
national level (National Water and Sanitation Bureau, National Health and
Sanitation Education
Centre) and at the regional level (10 Regional Health and
Sanitation Education Centres). However, there is still a shortage of operating
resources for peripheral sanitation facilities.
284. The adjustment
programme for the agricultural sector aims at food self-sufficiency, in
particular by increasing agropastoral
production.
285. The Ministry of
Health’s medium-term strategies include planning of human resources
development.
286. A national family planning programme operates in 90 per
cent of the country’s health facilities. Target population: women
of
childbearing age (15-49).
287. Family planning remains one of the most
effective ways of preventing early pregnancy.
288. For the incorporation
of health care into school curricula, see the annex to the initial report, page
12, question 25.
289. There are no data on the incidence of adolescent
pregnancies.
290. AIDS and HIV infection are a public health problem in
Burkina Faso. With an estimated seroprevalence rate of 7 per cent of the
population, Burkina Faso is one of the three worst affected countries of West
Africa. According to a 1994 study, an estimated 500,000-600,000
individuals are
infected by HIV. Three quarters of these are aged 15 to 40. The number of
cases of AIDS increased rapidly from
1986 to 1995, rising from 10 in 1986 to
7,296 in 1995. There are no disaggregated data at the national level and no
specific data
on children.
291. In view of the extent of the problem,
Burkina Faso has established a National Anti-AIDS Committee, which has developed
various
strategies that aim, among other things, to provide information,
education and communication on health (sexually transmitted diseases
(STDs) and
HIV/AIDS). An extensive campaign is being conducted through the newspapers,
television and radio, and discussions are
organized for target groups (young
people, women, workers and employers) on how HIV/AIDS and STDs are transmitted.
The topics covered
are promotion of condom use, prevention of transmission by
blood and prevention of mother-to-child transmission.
292. Seroprevalence
sites have been set up in order to make it possible to assess the incidence of
the infection, but have not had
the hoped-for results, mainly owing to lack of
follow-up.
293. The 1993-1995 medium-term plan prioritized psychological,
medical and social care for persons infected by HIV and for AIDS patients.
It
provides for action geared specifically towards children, in the form of
intervention strategies on behalf of children with AIDS
and AIDS
orphans.
294. No specific provision has yet been made for paediatric AIDS
in terms of psychological, medical or social care.
295. Considerable help
is provided to sufferers by NGOs and other associations.
296. No
provision has been made for special protection for AIDS orphans. They are
included with orphans in general. The State’s
provisions include plans
for a review of the legislation in order to adapt it to the needs of vulnerable
groups such as children
at risk, including AIDS orphans, and the establishment
of budget lines for the care of such groups.
297. No discriminatory
attitudes against infected children have yet been noted, but families display a
certain reluctance to look
after them. A campaign has therefore been launched
to explain how AIDS is transmitted and involve the entire community in caring
for such children, whose situation is beginning to give cause for
concern.
298. There is a growing awareness of the difficult situation of
children who inspire fear in their fellows. Such children are helped
by
campaigns providing explanations and information on transmission, and by an
understanding of the disease. The programme’s
objectives for the future
are for these children to be integrated without discrimination and to attend the
same schools and the same
nurseries. With regard to adoption, all children have
the same chance since the law makes no provision for children to be examined
or
given a medical check-up prior to adoption.
299. Achieving the anti-AIDS
goals of the Population and Anti-AIDS Project involves two types of
activity:
(a) Training activities to improve the intervention
capabilities of intermediate targets and the management capabilities of health
structures of partners on the ground: training and redeployment of health
workers and Regional Health and Sanitation Education Centre
staff, social/health
workers, doctors, association and NGO workers and religious and traditional
leaders;
(b) Technical and operational activities to improve
understanding and eliminate behavioural causes of sexual transmission of
HIV:
Annual multimedia campaigns on HIV/AIDS (prevention, safe
sex);
Production of school magazines for young people;
Production and publication of 15,000 copies of a cartoon strip on HIV/AIDS in
three languages - French, Moré and Dyula;
Establishment of a
documentation centre and video library for young people;
Production of a documentary film to encourage young people to switch to safer
behaviour patterns.
300. Female genital mutilation is more prejudicial to
children’s - i.e., girls’ - health than any other traditional
practice
(see initial report, p. 17). The following progress has been made in
this area:
Restructuring of the National Committee to Combat Female Circumcision with the establishment of a permanent secretariat (1997);
Adoption of legislative measures imposing heavy penalties for female genital mutilation (Penal Code, arts. 380-382);
Establishment of decentralized branches of the National Committee in provinces, departments and villages;
Sizeable regular budget allocations to the National Committee from, among others, the Netherlands and Denmark, from whom the National Committee received 345 million CFAF from 1994 to 1997;
Training for traditional chiefs (60), members of Islamic associations (130),
diocesan officials (30), women’s organizations
(50), village women’s
groups (40), law enforcement officers (50) and youth movements (120);
The National Committee has set up an “SOS excision” telephone
helpline.
301. With regard to drinking water, the multiple-indicator
survey shows that 33.9 per cent of households (i.e., 23.9 per cent of the
total
population) use only drinking water, which means that 66.1 per cent of
households use water that is not suitable for drinking.
In rural areas only
28.5 per cent of households (i.e., 20.2 per cent of the total population)
use only drinking water. The situation
is relatively better in urban areas,
where 64.1 per cent of households (44.8 per cent of the total population) use
only drinking
water. As can be seen, the level of use of drinking water in
Burkina Faso is unsatisfactory, despite the State’s efforts to
improve
coverage.
302. With a view to promoting international cooperation, the
Government has established a Department of Cooperation within the Ministry
of
Finance and the Economy to develop relations with foreign bilateral and
multilateral sources of finance, in order to optimize
mobilization of financial
resources from abroad such as loans, subsidies and donations.
303. The
areas covered by international cooperation that relate to the rights of the
child are basic education, primary health care
and protection of the rights of
women and girls (combating female circumcision).
304. There are no
disaggregated data showing the proportion of global financial assistance that is
allocated to children. The involvement
of United Nations agencies such as
UNICEF and WHO, and of NGOs, is of great importance. There is an NGO contact
office in the Department
of Cooperation.
C. Social security and childcare services and facilities (arts. 26 and 18, para. 3)
305. The Social Security Code (Act No. 19-72/AN
of 8 December 1972) establishes benefits for children whose parents work in the
formal
private sector.
306. Benefits in the form of monthly allowances
are also provided under the regulations governing public service
employees.
307. No measures have been adopted to recognize for every
child the right to benefit from social security.
308. Benefits are paid
in the form of monthly lump sum allowances, for both the children of public
officials and those of workers
in the formal private sector. Children
themselves may not apply for social benefits. Family allowances are paid to
parents on their
behalf. For families to benefit from such allowances, the
child must be no older than 14 if not in full-time education and no more
than 21
if in full-time education. A maximum of six children per worker may benefit.
Few children benefit from the system in its
present form.
309. There are
no disaggregated data in this area.
310. The Government launched an
extensive campaign in 1986 to publicize facilities for the care and education of
children aged 3 to
6, known as day-care centres. These were established with
the following aims:
Freeing mothers so that they can participate fully
in ongoing development activities;
Monitoring children’s health
and diet;
Stimulating children’s psychomotor
development;
Socialization;
Providing appropriate play
activities;
Children’s safety.
311. There were 134 care and
education facilities in 1996, including 74 day-care centres and 60
kindergartens in 27 provinces, although
the greatest concentrations were in
Ouagadougou (54 per cent) and Bobo-Dioulasso (7 per cent). Coverage of such
pre-school education
expanded from 1991 to 1995, rising from 0.72 per cent to
0.82 per cent: 13,084 children aged 3 to 6 were enrolled in care facilities,
out of a total population of 1,595,669 in this age group. The day-care centres
are run by the community, while kindergartens are
private
enterprises.
312. Problems encountered in the area of social security are
inadequate social benefits, a small number of beneficiaries (formal sector),
and
the slow pace of reform of social insurance. The main problems in the area of
childcare and education establishments are the
inadequacy of State budget
allocations and the lack of teaching staff (educational inspectors and
counsellors).
313. Progress has been made to the extent that the
Government has expressed a desire to increase the population’s social
coverage
and improve and diversify social benefits.
314. With regard to
childcare and education, since the start of the 1994/95 school year the
Government has allocated budget resources
annually to cover recruitment of 35
pre-school assistant teachers, and their training at the National Social Work
Training College.
D. Standard of living (art. 27, paras. 13)
315. Under articles 296 and 513 of the Code on
the Individual and the Family, parents and any other person with parental
authority
have an obligation to provide the child with an adequate standard of
living (i.e., to feed, support and educate the child and pay
its costs). They
may be ordered to pay maintenance or even prosecuted under the Penal
Code.
316. The human development index measures the standard of living.
It takes into account deficiencies in health, education, drinking
water and
housing and, for Burkina Faso, was 0.203 in 1992 and 0.225 in
1996.
317. No criteria have been established to assess the ability or
financial capacity of parents or others responsible for the child’s
upbringing to secure the living conditions necessary for the child’s
development.
318. No measures have been taken to assist parents and
others responsible for the child to implement its rights, including the nature
of the assistance made available, its budget implications, and its relation to
the cost of living and its impact on the population.
319. No measures
have been adopted to provide, in case of need, material assistance and support
programmes, particularly with regard
to nutrition, clothing and
housing.
320. A national housing policy has been adopted, involving
subdivision of land on a large scale in full municipalities, and construction
of
housing projects: 55,745 plots were created by subdivision in 50 urban and
rural centres from 1994 to 1996 (Ministry of Infrastructure,
Housing and Town
Planning bulletin, May 1997).
321. The popularization of the Code on the
Individual and the Family will help people to become aware of their obligations
towards
their children, and in particular their duty to ensure a decent standard
of living.
322. The main difficulties have to do basically with the fact
that poverty is so widespread. The State’s objective is to prepare
and
implement targeted anti-poverty programmes.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance (art. 28)
323. The right to education, instruction,
training and work is recognized by the Constitution (art. 18). According to
article 2 of the Education Act, education is a national priority and school
attendance is compulsory from the age of 6 to 16; no child may be excluded
before that
age. The State has designed strategies and programmes, and adopted
budgetary measures, that will allow achievement of the right
to education
progressively and on the basis of equal opportunities. The education system is
financed by the State, local communities,
foreign aid, students’ parents,
private sponsors and NGOs.
324. As part of its social policy for
children, the State has adopted legislative and administrative measures
(Constitution, Code
on the Individual and the Family, Penal Code, Labour Code)
and measures of a budgetary nature (loans to the social
sectors).
325. The proportion of the budget allocated to the education
sector is as follows:
|
1994
% |
1995
% |
1996
% |
Basic education
|
11.4
|
12.9
|
13.9
|
Secondary education
|
10.8
|
11.6
|
10.2
|
Source: STP-PAS.
326. Education costs are basically borne
by parents, particularly in urban areas, where many children are in private
schools because
there is no room in State schools.
327. The State awards
scholarships to children in secondary education, on a highly selective
basis.
328. Article 4 of the Education Act provides for teaching to be
carried out in the national languages as well as in French, the official
language. The State aims to
give all children access to education and quality
teaching. A number of programmes have been implemented to that
end:
School Construction;
Establishment of satellite schools, starting at the beginning of the 1995/96
school year, in order to improve children’s - and
particularly
girls’ - access to education; schools of this kind are located closer to
children’s homes, and thus give
girls and boys aged 7 to 9 a chance to
attend for the first three years of school. They attend the school that is
closest to their
home (“mother school”), about four kilometres
away;
Establishment of non-formal education centres where children aged 10 to 15
who do not attend school or who leave school early can
receive training and an
introduction to working life, and learn a trade;
Adoption of a national plan
for girls’ education;
Double-shift and mixed-ability schools,
which allow access for the greatest numbers.
329. Special provision is
made for access for children with disabilities.
330. The State recruits
nearly 1,000 teachers every year, who are given appropriate training for their
post. They also receive in-service
training during the course of their careers.
No evaluation of the education system as provided under article 59 of the
Education Act has yet been carried out, the Act having been passed only recently
(29 May 1996).
331. School curricula are established by the
State.
332. The overall illiteracy rate is 77.8 per cent; the rate for
men is 70 per cent and for women 85 per cent (INSD priority survey
of
household living standards, 1996). Numbers enrolled: 102,024 in 1995; 108,938
in 1996. Participation rate: 45.5 per cent in
1995; 52.4 per cent
in 1996.
333. Informal education is recognized in Burkina Faso (Education
Act, art. 20).
334. Pre-school education is an integral part of basic
education and caters for children aged three to six. The State has established
public day-care centres, whose low cost allows more children to
attend.
335. Special enrolment conditions apply to children from needy
families, following a background inquiry.
336. A step forward was taken
in 1996, with the change in the upper age limit for compulsory schooling from 14
to 16.
337. The dropout rate is still high. Of 1,000 children enrolled
in first grade (CP1), only 383 reach the second year of the intermediate
level
(CM2). The literacy rate was 19.7 per cent in 1995 and 23.28 per cent in
1996.
338. Monitoring takes the form of evaluations of the education
system and checks of schools by trained staff (e.g., inspectors).
The process
is hampered, however, by the shortage of qualified staff, the increasing number
of schools and the lack of resources.
339. By no means the majority of
children are enrolled in compulsory education: the enrolment rate was only 37.7
per cent in 1995.
The State is pursuing its policy of increasing the enrolment
rate, with the focus on girls.
340. The following points within each area
of education should be noted in particular:
Primary education
341. Under the Education Act, education is
compulsory for all children aged 6 to 16, but no measures have been taken to
ensure that education is free. The minimum
age of entry to primary school is
6.
342. Despite the difficult economic context, educational coverage is
expanding in Burkina Faso. The number of schools increased between
1993/94
and 1995/96, rising from 2,971 to 3,568. During the same period the gross
enrolment rate went up from 33.9 per cent to 37.7
per cent
and there was an improvement in the proportion of girls attending school, which
expanded from 37 per cent to 39.3 per cent,
although that figure is still low.
Discrimination against girls is thus far from eliminated, despite the opening of
satellite schools
the purpose of which is, among other things, to promote
girls’ attendance at school.
343. There are disparities in the
primary education system between rural and urban areas, on the one hand, and
from province to province
on the other. In 1995/96, for example,
34.1 per cent of pupils attended school in the provinces of Kadiogo
(88.7 per cent), Houet
(54.06 per cent) and Boulkiemdé (48.30 per
cent), where the three main towns are located, but where only 19.5 per cent of
the school-age population lives. In order to improve children’s - and
particularly girls’ - access to education, the
State has been
experimenting, since the start of the 1995/96 school year, with satellite
schools, which give boys and girls aged
7 to 9 an opportunity to go to school.
344. The ineffectiveness of primary education remains a problem, as
shown by the high failure rate: 105,696 students - or 16.3 per
cent of the
total number - had to repeat a year in 1994/95.
345. With regard to
allocation of budget resources, the Government’s desire to promote primary
education has translated into
a steady increase in the budget allocation for the
Ministry for Primary Education and Mass Literacy programmes: 11.4 per cent in
1994, 12.9 per cent in 1995 and 13.9 per cent in 1996 (source:
STPPAS).
Secondary education
346. The enrolment rate in secondary education
is 11.2 per cent for the country as a whole, with 35.2 per cent in urban areas
and
5.1 per cent in rural areas. Enrolment in secondary education more than
doubled from 1985 to 1995, expanding from 3.5 per cent to
9.7 per cent. Here,
too, girls are underrepresented, accounting for 35.19 per cent of the school
population.
347. There is a shortfall of 400 teachers in the public
secondary education system.
Higher education
348. The State has made considerable efforts to
improve access to higher education, the most significant of which have been the
opening,
in 1996, of Bobo Polytechnic University and Koudougou Teacher Training
College.
349. Funding for infrastructure and equipment comes chiefly from
external contributions in the form of donations, subsidies or
loans.
350. Access to higher education has been made easier by an
expansion of physical capacity. From 1974 to 1995 the number of students
rose
from 253 to 9,452; the enrolment rate is 18 per cent.
Non-formal education
351. Between 1991/92 and 1995/96, the number of
enrolments in literacy and training centres (CPAF) went up from 47,386 to
108,938.
Ages range from 15 to 49.
352. Even so, the literacy rate
remains very low. From 14.48 per cent in 1985 it rose
to 18 per cent in 1990 and 22.2 per cent in
1994. There are also
disparities between the sexes: 23.5 per cent for men and 8.03 per
cent for women in 1990.
353. Non-formal education centres cater for
children aged 10 to 15 who do not attend school or who have left school early,
providing
training and an introduction to working life, and teaching them a
trade they can practise in their community.
354. There is no other
structure to rehabilitate children who are excluded from the education system
apart from the non-formal education
centres, and these do not cover the whole
country.
355. Educational and vocational information and guidance are
available every year from the educational and vocational information
and
guidance centre, which does not, however, cover the whole
country.
356. There are no mechanisms in place to monitor the regularity
of school attendance or the reduction in dropout rates.
357. Measures
taken to provide incentives to encourage regular attendance and school retention
include awareness-raising, cuts in
the cost of education, bringing schools
physically nearer (building new schools, particularly in rural areas) and
installing school
canteens.
358. Education is compulsory for all. This
right is recognized to children in the law without distinction. Children may
not be excluded
on the grounds of disability or HIV/AIDS infection.
Nevertheless, many children still do not enjoy the right to education, owing
to
a shortage of buildings and teaching staff, the poverty of parents and a lack of
understanding of the importance of education.
359. It is highly
regrettable that children should be excluded from the education system because
they do not work hard enough or cannot
pay their school fees. Some of those
excluded are helped by the non-formal education centres.
360. Discipline
in schools is regulated. Corporal punishment is prohibited, as are some other
kinds of treatment. Discipline is
administered in accordance with article 28,
paragraph 2 of the Education Act. There are teachers in some schools, however,
who still have no qualms about administering corporal punishment, as long as
parents
do not complain. The administration of discipline in schools is
monitored in the first place by the school staff, other authorized
staff (school
inspectors) and parents’ associations connected with the schools. Parents
may bring proceedings against a teacher
and the State in the case of public
institutions, or against a private school, if a child has been subjected to
corporal punishment
in school.
361. The choice of schools is a matter for
parents. Children are represented on decisionmaking bodies if their presence is
necessary.
362. Education receives significant financial support from
international cooperation, particularly for formal education
programmes.
363. An analysis of funding for the non-formal system,
particularly adult literacy and training, for the period 1991 to 1996, shows
a
high proportion of external resources, as can be seen from the following
table:
Year
|
Purpose of funding
|
Donor
|
Amount
|
1991
|
Literacy
Training in CPAF
|
Swiss Development Cooperation
Counterpart funds
Netherlands
|
190 000 000 CFAF
|
1992
|
Literacy
Training in CPAF
|
Netherlands
Switzerland
|
195 000 000 CFAF
|
1993
|
Literacy
Training in CPAF
|
Netherlands
Switzerland
|
213 720 749 CFAF
|
1994
|
Literacy
Training in CPAF
|
Netherlands
Switzerland
|
244 289 901 CFAF
|
1995
|
Literacy
Training in CPAF
|
Netherlands
Switzerland
|
240 630 175 CFAF
|
1996
|
Literacy
Training in CPAF
|
Switzerland
|
160 000 000 CFAF
|
Source: National Literacy Institute (INA).
364. NGOs make an important contribution and in some cases run literacy
centres.
365. There are no exclusively bilateral and/or regional
programmes for specific target groups disaggregated by age, sex, or national,
social or ethnic origin.
366. No disaggregated data are available on
financial assistance received.
367. See section B below for the aims of
education, as set forth in article 29 of the Convention.
368. No
assessment has been made of the progress achieved. The major problems in the
area of education are the inadequacy of infrastructure,
of human resources both
quantitatively and qualitatively and of teaching materials, and the lack of
logistical means to ensure
implementation.
B. Aims of education (art. 29)
369. The aims of education established in
article 6 of the Education Act of 9 May 1996 are compatible with the provisions
of article 29 of the Convention. These aims were dealt with in the initial
report,
page 18, paragraph (b).
370. The training of teachers is carried
out with a view to enabling them to attain the aims established by the
State.
371. The liberty of individuals and bodies to establish and direct
educational institutions is established by law (Constitution, art.
7 and
Education Act, art. 3), subject to the observance of such minimum standards as
are laid down by the State.
372. Regular inspections and assessment of
the education system make it possible to ascertain whether these aims are being
achieved.
373. The same regulations and the same curricula apply in both
public and private institutions. Access is not subject to any discriminatory
conditions.
374. The Department of Basic Education contains a Directorate
of Public Basic Education and a Directorate of Private Basic Education,
which
ensure that institutions are run in accordance with the standards established by
the competent authorities.
375. Enrolment rates are improving. The right
to education recognized by law is not yet enjoyed by a majority of children.
Two fifths
of children attend primary school in Burkina Faso.
C. Leisure, recreation and cultural activities (art. 31)
376. Under Act No. 002/97/ADP of 27 January 1997, amending the Constitution,
sport is included among social and cultural rights.
377. In the area of
sport, the following games are organized for children:
The Burkina Faso School and University Sports Union (USSU-BF) tournament is open to all primary and secondary schools, the university and vocational training schools. The 1997 Finance Act allocated 45 million CFAF to the tournament;
The games of hope, held annually, are for young people who are not at school
and for sports schools. The 1997 Finance Act allocated
21 million CFAF to the
games.
378. Handisport is an activity specifically for disabled
persons.
379. For cultural and artistic activities, see the initial
report, page 19, paragraph (c).
380. Holiday clubs and camps are
organized every year by the Ministry of Social Action and the Family.
Disadvantaged children are
able to participate thanks to support from the
National Solidarity Fund, which provided 2.5 million CFAF in 1996, a figure that
rose
to 5.55 million in 1997.
381. Youth and culture clubs have been
revitalized to provide an outlet for young people.
382. In conclusion,
the following may be said:
Leisure, sport and artistic creativity are social rights recognized under the Constitution (art. 18);
The period of school holidays is established under article 31 of the Education Act; under article 32 of the Act, one day per school year is set aside for culture or to celebrate the school’s anniversary;
One of the most important undertakings made by the Head of State on the
occasion of the national rally on production held on 2 June
1994 was to
revitalize youth and culture clubs and encourage sports and cultural teams in
primary and secondary schools;
The main problems are mobilization of financial resources against a
background of poverty and economic and structural reforms.
VIII. SPECIAL PROTECTION MEASURES (arts. 22, 38, 39, 40, 37 (b), (c) and (d), and 3236)
A. Children in situations of emergency
1. Refugee children (art. 22)
383. Burkina
Faso has ratified the Convention relating to the Status of Refugees, adopted in
Geneva on 28 July 1951, the Protocol
relating to the Status of Refugees, adopted
in New York on 31 January 1967, the Organization of African Unity (OAU)
Convention governing
the Specific Aspects of Refugee Problems in Africa, signed
in Addis Ababa on 10 September 1969, and the Convention on the Rights
of the
Child. These international instruments affect legislation and practice inside
the country. Children seeking or considered
to have refugee status enjoy the
protection and humanitarian assistance recognized by the instruments. The
Convention on the Rights
of the Child, in particular, protects refugee children,
as all the rights set forth in it must be granted without any discrimination
to
every person under the age of 18.
384. Burkina Faso has adopted the
following legislation and regulations based on the international
instruments:
Zatu (Ordinance) No. AN V 0028/FP/PRES of 3 August 1988, on the status of refugees in Burkina Faso;
Kiti (Decree) No. AN V 360/FP/REX of 3 August 1988, on the National Commission for Refugees (CONAREF);
Decree No. 94-055/PRES/REX of 10 February 1994, on refugee status;
Decree No. 026/PRES/PM/MAET of 24 January 1997, amending and supplementing Decree No. 93-241/PRES/REX of 2 August 1993, as well as Kiti No. AN V 360/FP/REX of 3 August 1988, concerning CONAREF;
Order No. 97-001/MAET/CONAREF/PRES of 7 February 1997, on the remit of
CONAREF.
385. The international procedures applicable are those provided
for by the international instruments that have been duly
ratified.
386. Burkina Faso has endorsed the Universal Declaration of
Human Rights of 1948 and reaffirmed its commitment to the African Charter
on
Human and Peoples’ Rights of 1981 (in the preamble to the Constitution).
It has ratified the conventions and protocols relating to rights of a
humanitarian nature.
387. The procedure is set in motion by filling in an
application for refugee status. This document is considered by CONAREF, which
recognizes the refugee status of every person who comes under the mandate of the
Office of the United Nations High Commissioner for
Refugees (UNHCR) or who fits
the definitions in article 1 of the 1951 Convention and article 1 of the 1969
OAU Convention. A case
is submitted to CONAREF at the request of the
asylum-seeker or through UNHCR. When the applicant is an unaccompanied child, a
social
worker helps him or her to submit the request.
388. Refugee
children are guaranteed the protection and humanitarian assistance provided for
in the international instruments and
domestic legislation in the exercise of
their civil rights and freedoms and their economic, social and cultural
rights.
389. Unaccompanied children are automatically taken into care,
although this is rarely necessary. In the case of accompanied children,
the
parents take care of the formalities. Refugee status is granted
automatically in the case of population displacements. The
temporary and
long-term solutions that may be proposed to refugees are: voluntary
repatriation; local integration, with the authorization
of the local
authorities, who may grant them nationality; or resettlement in a third country.
There is an obligation to look for
family members and reunite families, although
such cases are rare in Burkina Faso.
390. The general principles of the
Convention on the Rights of the Child are guaranteed by domestic legislation and
the international
instruments.
391. No specific measures have been taken
to ensure the dissemination of information and training on the rights of the
child who is
a refugee or is seeking asylum.
392. As at 31 July 1996,
there were in Burkina Faso 29,192 refugees, including 15,966 children under 18
years of age (54.69 per cent
of the total), all of whom were accompanied. Of
the 29,192 refugees, 402 were Nigerian, 506 were of various nationalities and
the
rest (28,284) were Malian.
393. All children are enrolled by UNHCR in
the schools opened on the sites or in the primary and secondary schools in urban
centres.
394. They also receive basic social services (health and hygiene
services).
395. There is no training to teach persons working with
refugee children about the Convention on the Rights of the
Child.
396. UNHCR and CONAREF are currently working on a description of
their respective tasks and responsibilities with regard to protection
and
assistance for refugees in general and refugee children in particular. Burkina
Faso has always met its obligation to seek a
child’s mother or father or
other family members, although it is rarely called on to do so. If neither the
father nor the
mother nor some other family member is found, the child enjoys
the same protection as any other child.
397. There is no evaluation
mechanism for monitoring progress. The main difficulties facing the State are
of a budgetary and organizational
nature. It is giving priority at the moment
to the measures needed to make CONAREF operational.
2. Children in armed conflicts (art. 38), including physical
and
psychological recovery and social reintegration (art. 39)
398. Burkina Faso has
ratified the Protocols Additional to the Geneva Conventions
of 12 August 1949, relating to the Protection of
Victims of
International Armed Conflicts (Protocol I) and to the Protection of Victims of
Non-International Armed Conflicts (Protocol
II).
399. Burkina Faso is not
experiencing a situation of armed conflict but throughout its territory it
receives refugees, particularly
from Mali and Nigeria, who are the victims of
armed conflicts in their countries. These refugees are taken care of by UNHCR
with
the support of the Government, which together provide them with protection
and humanitarian assistance.
B. Children in conflict with the law
1. The administration of juvenile justice (art. 40)
400. On this point,
see also paragraph 74 of the initial report and the attached
question 32, page 22.
401. Act No. 19/61 of 9 May 1961, on
juvenile offenders and children at risk, is the cornerstone of Burkina Faso
legislation relating
specifically to children. In addition, there are some
provisions in the 1996 Penal Code, particularly in articles 57, 74 and 75,
on
educational measures and the grounds for non-imputability
respectively.
402. Taking educational measures and keeping children in
their family setting can help promote their sense of dignity and reinforce
their
respect for human rights and freedoms.
403. Children are detained in
conditions that allow them to keep in touch with their families (through
visits and by mail). While
in detention, they are taught a number of skills
such as welding or woodwork. They are also given the opportunity (in
Ouagadougou
and BoboDioulasso prisons only) to receive schooling. All these
opportunities are apt to facilitate their rehabilitation in society,
where they
can then play a constructive role.
404. Kiti No. 103 of 1 December
1988, on the organization, rules and regulations of penal institutions, provides
for separate quarters for
minors and a special detention regime, including in
the areas of health care, education, vocational training and
diet.
405. Special procedures (background inquiries, the help of a social
worker at hearings) are provided for by law.
406. All these provisions
take account of children’s vulnerability; children under the age of 16
cannot be sentenced to death
or to life imprisonment.
407. Pursuant to
article 2 of the Penal Code, no child can be alleged as, accused of or
recognized as having infringed criminal law
by reason of acts or omissions that
were not prohibited by law at the time they were committed. This article
stipulates that “only
acts that constituted an offence at the time they
were committed are punishable”. Article 5 of the Constitution guarantees
the principle of non-retroactivity in criminal law.
408. The presumption
of innocence is recognized by the Constitution: “Every accused person is
presumed innocent until proven guilty” (art. 4).
409. The child is
informed promptly of the charges against him or her, as are the child’s
parents. The assistance of a defence
lawyer is obligatory in the case of crimes
attributed to a minor under the age of 16. Any child may receive legal
assistance if
the parents so wish. A social worker is present at all trials of
minors in order to assist them.
410. Every child has the right to have
his or her case heard by an authority or judicial body. There is no fixed time
limit for children.
The presence of the parents or representatives is required
in proceedings in which the child is implicated.
411. The child may not
be compelled to confess guilt or to give testimony.
412. Legal remedies
are available to everyone, including children. Children can appeal, through
their parents, to a higher competent,
independent and impartial authority or
judicial body against judgements passed on them.
413. Official
interpreters are available in courts free of charge to all those facing
trial.
414. The child’s privacy is protected throughout the
proceedings under article 23 of Act No. 19/61 of 9 May 1961, which
bans
the publication of any reports on a minor and the reproduction of any
portrait of a minor who is being prosecuted or any picture
depicting the child
or the acts which the child is accused of carrying out.
415. During the
judicial proceedings leading up to the hearing, the making of photographs or
films is forbidden. Moreover, if the
child’s privacy is breached, his or
her parents may take those responsible to court.
416. There are no
juvenile courts in Burkina Faso. However, Act No. 19/61 of 9 May 1961 does
provide for specific procedures for
children (background inquiries, applicable
sentences, educational measures). The 1988 kiti regulating the prison
system provides for special detention measures for
children.
417. Children under the age of 13 are presumed to lack the
capacity to infringe criminal law (Penal Code, art. 74) and are presumed
not to
be responsible for their actions. These children are either returned to their
parents or placed in care; they are subject
to educational measures
only.
418. Children are detained in special juvenile units only in the
two largest cities. They receive treatment intended to improve the
conditions
of their detention and are entitled to health care, a better diet and training
courses.
419. Enjoyment of these rights is already
effective.
420. In March 1996 training courses on juvenile justice were
provided for judges of all kinds, senior law-enforcement officers (gendarmes,
police officers) and prison officials. The emphasis was on awareness of the
international instruments for the promotion and protection
of the rights of
the child, including the Convention on the Rights of the Child, the United
Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the
Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile
Delinquency
(the Riyadh Guidelines) and the United Nations Rules for the
Protection of Juveniles Deprived of Their Liberty.
421. The construction
of a second unit for juveniles and the training of judges, senior lawenforcement
officers and, above all, prison
officials clearly constitute progress, albeit
insufficient.
422. The Government is planning to set up juvenile courts soon
and to put the amended Code of Penal Procedure into effect.
2. Children deprived of their liberty, including any form of
detention,
imprisonment or placement in custodial settings (art. 37
(b)(d))
423. “No one
may be deprived of their liberty unless they are being prosecuted for acts
recognized as punishable by law”
and “No one may be arrested, held
in custody, deported or exiled except as provided for by law”
(Constitution, art. 3).
Article 3 of the Penal Code also stipulates that
“No one may be found guilty of an offence or sentenced except by decision
of a competent court”. Consequently, a child may not be deprived of his
or her liberty unlawfully or arbitrarily.
424. The arrest, detention or
imprisonment of a child is carried out in accordance with the provisions of the
Penal Code and the procedures
laid down by Act No. 19/61 of 9 May 1961 and the
Code of Penal Procedure. Educational measures are applicable to children under
the age of 13 and to those aged 13 to 18 who have acted without due
discernment. They have been extended to convicted minors aged
13 to 18 (Penal
Code, art. 74). Custodial sentences are handed down to children aged 13 to 18
found guilty and found to have acted
with due discernment. Their youth is taken
into account and their sentences reduced.
425. Children are equal before
the law and special procedures are provided for their benefit and in their best
interests. Their detention
conditions are better than those of adults but are
still harsh, although account is taken of their health and educational
needs.
426. There are alternatives to the deprivation of liberty, in the
form of educational measures. There are no disaggregated data available
on the
frequency with which these measures are applied.
427. No special measures
are envisaged for preventing arrest. However, children under the age of 13
cannot be detained. Moreover,
the judge has the option of returning the child
temporarily to his or her parents to await the court’s
decision.
428. There are no provisions in Burkina Faso law relating to
indeterminate sentences.
429. There is no established independent
mechanism to monitor the situation of children.
430. The Government has
set itself the goal of continuously improving detention conditions while
continuing to apply educational measures.
However, there are still not enough
children’s homes, as insufficient resources exist for this
purpose.
431. No disaggregated data are available.
432. Children
deprived of their liberty are not beaten or ill-treated in any way that would
threaten their dignity.
433. They receive health care and training, and
are even supervised by social workers in some prisons, particularly in
Ouagadougou.
434. Children deprived of their liberty are held in juvenile
units, which have been set up in Ouagadougou and Bobo-Dioulasso prisons
only.
They are entitled to keep in touch with their families through visits and by
mail. There is no limit on the number of visits.
Children in foster care are
supervised and monitored by the Ministry of Social Action and the Family.
Monitoring is intended to
provide periodic reviews of the child’s
situation and living conditions and to determine whether he or she is receiving
an
education and adequate care.
435. Children deprived of liberty are
entitled to legal assistance, but cannot call on it when they are being held for
questioning
by the police.
436. They may challenge the legality of the
deprivation of liberty before a court or other competent, independent and
impartial authority
and can obtain a prompt decision on the matter, as detention
cases are treated as urgent (if dealt with by an investigating judge,
the latter
must give a ruling within five days of the case being sent to the prosecutor).
There is no time limit for a court decision.
437. There is no information
on the percentage of cases where legal or other assistance has been provided or
where the legality of
the deprivation of liberty has been
confirmed.
438. There has been no significant progress in the
implementation of article 37 (b), (c) or (d).
439. The Government’s
objectives are to speed up the review of the Code of Penal Procedure, with a
view to bringing it into
line with the Convention, and to set up juvenile courts
in the very near future, for the purpose of which judges, prison officers
and
other prison officials have been trained.
440. The salient points are as
follows:
Act No. 19/61 does not regulate the police phase of the deprivation of liberty. No specific provision is made for police custody of minors. Ordinary law is applicable. Consequently, minors under the age of 13 who are presumed not to be responsible for their actions may be held in police custody even though the cells in police stations and gendarmeries are cramped and overcrowded. Detention conditions are harsh and the time limit for custody (72 hours) is often not respected. However, attention is drawn to the construction of a cell for minors at the police station in Bogodogo (Ouagadougou), which was financed by the National Solidarity Fund. Another cell is under construction at the police station in Sig-noghin (Ouagadougou), with finance from the Assistance Fund for French Cooperation;
Minors given a custodial sentence serve it in a short-stay prison (see initial report, para. 75). It should be remembered, however, that there are juvenile units in BoboDioulasso and Ouagadougou where those in charge are seconded social workers;
The number of children deprived of liberty is high in Burkina Faso. In 1995,
there were 342 admissions, 199 children on remand and
92 convicted children in
the 10 short-stay prisons or reformatories. Of the 199 children on remand, 134
(67.3 per cent) were held
in the juvenile units.
General statistics for minors under the age of 18 (1995)
Short-stay prison or reformatory
|
Admissions
|
On remand
|
Convicted
|
Ougadougou
|
139
|
94
|
39
|
Bobo-Dioulasso
|
62
|
40
|
16
|
Fada Ngourma
|
18
|
8
|
6
|
Koudougou
|
20
|
12
|
6
|
Tenkodogo
|
33
|
19
|
10
|
Ouahigouya
|
25
|
6
|
2
|
Dori
|
1
|
0
|
0
|
Kaya
|
10
|
7
|
5
|
Dédougou
|
14
|
6
|
3
|
Gaoua
|
20
|
7
|
5
|
Total
|
342
|
199
|
92
|
Source: Prison and Rehabilitation Service.
441. It
should be noted that the delay in carrying out the background inquiries required
by law contributes to longer periods of pre-trial
detention for children. This
delay is the result of, among other things, a lack of logistical resources and a
shortage of human
resources: only two social workers have been seconded to the
social services department at the Law Courts in Ouagadougou. In August
1997,
however, the department obtained a Yamaha motorcycle, and this will allow it to
reduce delays in carrying out background inquiries,
which are currently as long
as 12 months.
3. The sentencing of children, with particular reference to
the prohibition
of capital punishment and life imprisonment (art. 37
(a))
442. All children
under 13 years of age are presumed to bear no criminal responsibility, and there
is no need for a judge to consider
the question of due
discernment.
443. They are not subject to educational measures (Act No.
19/61, art. 14). Children over the age of 13 and under the age of 18 who
have
acted without due discernment are treated in the same way as those under the age
of 13.
444. If a child over the age of 13 has acted with due discernment,
his or her youth is taken into account in accordance with article
20 of Act
No. 19/61. Such children may not be sentenced to death or to life
imprisonment. The maximum prison sentence that can
be passed on them
is 1020 years.
445. However, a child aged over 16 and under 18 who
has acted with due discernment does not enjoy any special protection, and may
therefore be sentenced to death or to life imprisonment.
446. No new
measures have been taken to promote the implementation of article 37
(a).
447. There is a need to review Act No. 19/61 of 9 May 1961, on
juvenile offenders and children at risk, and Act No. 10/93/ADP, on
the
administration of justice in Burkina Faso, so that juvenile courts can be set
up.
4. Physical and psychological recovery and social
reintegration of the child (art. 39)
(See also initial report, p. 31, and
attached report, question 34, p. 23)
448. Children in
short-stay prisons or reformatories are held in conditions that avert any break
with their families. Moreover, while
there, they learn a trade that allows them
to find a job on their release. The training is the responsibility of a judge
in charge
of prison management and social reintegration and is supervised by the
social worker in charge of the juvenile units.
449. Apart from the
training programmes (in woodwork, welding or gardening), no other mechanisms
have been developed.
450. The shortage of financial resources and lack of
supervisory staff are the main obstacles.
451. The Government has set
itself the goal of giving these children the chance to continue their training
outside prison, by placing
them with tradespersons and arranging for them to be
monitored and to become established.
452. With regard to street children,
the Government has, with the help of the United Nations Children’s Fund
(UNICEF) and the
non-governmental organizations Enfants du monde - Droits de
l’homme and Save the Children Canada, started up a pilot project
run by
Action educative en milieu ouvert (AEMO) in Ouagadougou since 1991; the project
is designed to promote educational and preventive
work with a view to their
social and economic reintegration.
453. The project’s main
activities concern the provision of various services (baths, laundry, repairs,
health assistance, returning
to one’s family, apprenticeships, literacy
courses, educational outings and games).
454. The project covered 711
young people in 1997.
C. Children in situations of exploitation, including physical
and psychological
recovery and social reintegration
1. Economic exploitation of children, including child labour (art. 32)
455. Forced
labour is prohibited by the Labour Code (art. 2).
456. Children generally
operate in the informal economy, where there is a real risk of their being
exploited, especially as there
is no appropriate legislation or regulations to
protect them.
457. Decrees adopted by the Council of Ministers define the
kind of work that is prohibited to young people and women.
458. As these
decrees have not yet been adopted, the old laws remain in force. These are:
Order No. 5254 IGTLS - AOF of 19 July
1954, on the work of women and pregnant
women; and Order No. 539/ITLS/HV of 29 July 1954, on child
labour.
459. The work of women and young people is still governed by the
provisions of the international conventions that have been ratified
(Labour
Code, art. 83).
460. With regard to the effective implementation of these
provisions and to the questions in paragraphs 151-154 of document CRC/C/58
in
general, see report annexed to the initial report (question 7, pp.
2-3).
461. However, it must be realized that in a country where 44.5 per
cent of the total population lives below the absolute poverty line,
which was
put at CFAF 41,099 per adult per year in 1994, child labour is part of the
socialization process and the fight against
poverty. The issue is not then one
of prohibiting it by regulatory or legislative means or even of preventing it,
but rather one
of ensuring that such work does not harm children’s health
and is not a form of exploitation for the benefit of parents, guardians
or
employers, especially in the informal economy.
462. It will be recalled,
in connection with child labour, that a national programme to combat the
exploitation of child labour was
set up in 1997.
2. Drug abuse (art. 33)
463. Article 445 of the Penal Code provides
that when drugs are supplied or sold to minors in training centres, schools,
educational
establishments or government buildings, the prison sentence is 5-10
years and the fine is doubled.
464. Article 439 of the Penal Code
stipulates that: “The production, manufacture, transport, import,
display, possession, supply,
sale, acquisition and use of substances or plants
or the cultivation of plants classed as poisonous are prohibited.”
However,
no specific measures have been taken to protect children from this
evil.
465. Burkina Faso is a party to the international treaties on
narcotic drugs and psychotropic substances.
466. With regard to the
spread of the plague of drugs and drug addiction, Burkina Faso set up the
National Committee to Combat Drug
Abuse (CNLD) by Decree No. 93-231/PRES/PM of
29 July 1993 with the following aims, among others:
To propose to the Government plans of action and effective measures to protect the population from drugs and drug addiction;
To ensure that the international treaties on narcotic drugs and psychotropic substances to which Burkina Faso is a party are implemented;
To produce an annual overview of all developments in the national situation with regard to drug abuse;
The National Committee on Drug Abuse is currently preparing for the
Government action plans and measures to protect the population,
especially
children, from the evils of drug addiction.
467. It is forbidden to serve
alcoholic drinks to a child under the age of 18, even if the child is
accompanied by his or her parents
of guardians (Penal Code, art.
436).
468. No specific measures have been taken to ban tobacco
consumption but there have been campaigns to raise public awareness of the
damaging effects of tobacco addiction. There are regulations, however, that ban
smoking in specific locations.
3. Sexual exploitation and sexual abuse (art. 34)
469. Article 482 of the Penal Code criminalizes
incitement to immorality of minors aged 13 to 18 of either
sex.
470. Articles 421 and 426 provide for harsher penalties for incest
committed against a minor under the age of 18.
471. Article 424 of the
Penal Code defines and punishes procuring as a criminal
offence.
472. There are no specific provisions to protect children
against exploitation in pornographic performances or
materials.
473. Burkina Faso has a national commission and national
strategies to combat soliciting by prostitutes. One of the national
commission’s
core functions is to inform, raise awareness and educate with
a view to preventing any form of sexual exploitation or abuse.
474. The
National Commission to Combat Soliciting by Prostitutes is responsible for
coordination but is not operational, and since
1997 action to combat
prostitution has been the responsibility of district councils.
475. There
are no known indicators.
476. Legislation gives victims the right to take
their case before any competent court and to apply for legal assistance if they
wish.
477. The Penal Code has not defined sexual abuse as an offence.
However, it may be treated as rape - including the rape of minors
under the age
of 15 (art. 424) - which is punishable, or as indecent assault of a minor under
the age of 15 if accompanied by violence
or attempted violence, force or
surprise (arts. 414 and 415).
478. Sexual exploitation can be treated as
procuring (art. 424) or incest committed against minors under the age of 18
(art. 426).
479. It should also be noted that there are penalties for
anyone who makes a profit from prostitution by providing premises that are
closed to the public and for anyone who regularly receives persons engaging in
prostitution inside a hotel, boarding house, bar,
club, society, dance hall or
theatre or adjoining premises or any places open to the public or used by the
public of which he or
she is the owner, manager or operator (arts. 427 and
429).
480. In order better to protect children against sexual
exploitation and abuse, the Government has regulated the movement of minors
by
banning them from a number of places considered to lend themselves to
prostitution and sexual exploitation and abuse (arts. 434
and
435).
481. The Penal Code makes no reference to pornography.
482. The principle of extraterritoriality is the subject of judicial
agreements between Burkina Faso and France and between Burkina
Faso and 11
African countries.
483. There are no special units of law-enforcement
officers and police officers appointed to deal with children who have been
sexually
exploited or abused.
484. Burkina Faso has acceded to the
Convention for the Suppression of the Traffic in Persons and of the Exploitation
of the Prostitution
of Others (Decree No. 290/PRES/AET).
485. No
multidisciplinary or other kinds of activities or programmes have been developed
to ensure the social reintegration of child
victims of sexual exploitation or
abuse.
486. There are no data on the children concerned by sexual
exploitation or abuse.
487. The penalization of incitement or coercion to
prostitution and procuring and the regulation of the movements of minors are
significant
steps forward, but these evils seem to be spreading as a result of
the widespread poverty in Burkina Faso.
4. Sale, trafficking and abduction (art. 35)
488. No cases of the sale, trafficking or
abduction of children have been observed in Burkina Faso (see initial
report, para. 84).
5. Other forms of exploitation (art. 36)
489. No other forms of exploitation of children
have been observed in Burkina Faso (see initial report, para. 83).
D. Children belonging to a minority or an indigenous group (art. 30)
490. This situation poses no problems in
Burkina Faso (see initial report, para. 85).
SUGGESTIONS AND RECOMMENDATIONS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD WITH REGARD TO THE INITIAL REPORT
491. After considering the initial report of
Burkina Faso (CRC/C/3/Add.19) at its 135th and 136th meetings, on 7 and 8
April 1994,
the Committee on the Rights of the Child made a number of
suggestions and recommendations (see CRC/C/SR.135-137).
492. Acting upon
these conclusions, the Ministry of Social Action and the Family, which is
responsible for coordinating the implementation
of the National Plan of Action
for Children, sent letters to the ministries of education, health, employment
and social security,
and justice, which were particularly concerned by the
observations, so that they could take appropriate measures to remove the
bottlenecks.
493. The Committee’s suggestions dealt essentially
with the following points:
Discrimination against girls and women (combating the practice of female circumcision, forced marriages, domestic violence);
Wide dissemination of information on contraceptive methods;
Alignment of current legislation (the Penal Code and the Labour Code) with the provisions of the Convention;
Adequate training of officials working with children;
Training for law-enforcement officers (judges and others).
494. Three
years later, we may ask to what extent these suggestions and recommendations
have been taken into account.
A. Discrimination against girls and women
1. Forced marriages
495. Forced
marriages, particularly those imposed by the couple’s families, were
banned under article 234 of the Code on the
Individual and the Family. However,
the ban was not backed up by penal sanctions. The adoption of the Labour Code
on 13 November
1996 closed this loophole by providing for punishment for those
responsible for or complicit in forced marriages.
496. The project “Raising awareness and increasing understanding of the
Code on the Individual and the Family”, which
is now under way, and the
translation of the Code into the three main national languages (Moré,
Dyula and Fulfuldé)
will help publicize the provisions of the Code and
improve the legal protection of women and children.
2. Female circumcision
497. Female circumcision was not recognized as
an offence until 1996, when the Penal Code was adopted. The decentralized
arrangements
of the National Committee to Combat Female Circumcision have been
operational since 1996. From 1994 to 1997, the Committee provided
training for
target groups such as traditional chiefs, senior law-enforcement officers,
women’s associations, youth movements
and religious
leaders.
498. The impact of these activities on traditional practices
such as forced marriages or female circumcision cannot yet be assessed,
as the
Penal Code is so recent. However, there is reason to fear that continued
sociocultural resistance might be a major obstacle
to the implementation of
these provisions.
3. Domestic violence
499. Domestic violence persists, as do the
obstacles to referring cases to the judicial authorities, but awareness-raising
campaigns,
including publicity for the Code on the Individual and the Family,
and family education are helping to reduce those obstacles.
4. Family planning
500. Greater attention is paid to the HIV/AIDS
pandemic thanks to the dissemination of information on modern family-planning
methods
through action strategies in the areas of information, education and
communication, sexually transmitted diseases, HIV/AIDS, family
planning and
family education.
501. The contraceptive prevalence rate nevertheless
remains low, at 8 per cent, despite the action undertaken to raise awareness
among
the population and opinion-formers. However, it does vary according to
place of residence, reaching 26 per cent in urban areas as
compared with only 4
per cent in rural areas (National Institute for Statistics and Development
(INSD), Demographic and Health Survey 1993).
502. Contraceptive
use increases with level of education: contraception is used by 5 per cent of
women with no education, 20 per
cent of those with a primary education, and 50
per cent of those with a secondary or higher level of education.
503. It
should be noted that 77 per cent of women are in favour of using the media to
broadcast information on contraception (INSD,
Demographic and Health Survey
1993).
B. Alignment of existing legislation with the provisions of the Convention
504. Apart from the adoption of the Penal Code
in 1996, there have been no changes to the legislation. The review of the Code
of
Penal Procedure now under way will take into account the situation of
children in conflict with the law, including the question of
the severity of the
penalties for children.
C. Training
505. A module on the rights of the child has
been taught to student social workers in the National Social Work Training
College since
1995.
506. The permanent secretariat of the National Plan
of Action for Children is planning training courses on the Convention on the
Rights
of the Child for officials working with and for children.
507. The
Coalition au Burkina Faso pour les droits de l’enfant (OBUFADE) (Burkina
Faso Coalition for the Rights of the Child)
also provides training courses on
these rights.
508. Law-enforcement officers, judges and other competent
officials, including magistrates, senior law-enforcement officers and prison
officials, have received training in the administration of juvenile justice.
The training has introduced them to the Beijing Rules,
the Riyadh Guidelines and
the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty.
CONCLUSION
509. Children have made many gains since 1994
in the exercise of their rights, as a result of measures taken for this purpose.
In
many cases, however, the effective enjoyment of their rights comes up against
constraints linked to sociocultural resistance, poverty,
illiteracy and the
perverse effects of economic and monetary adjustment.
510. The principal
gains concern:
A. Punishment under the Penal Code for forced marriage and female genital mutilation
511. Despite the efforts made, forced marriage
will continue to escape punishment because of the widespread conspiracy of
silence,
especially in rural areas, which makes it impossible to
report.
512. Female circumcision, on the other hand, is beginning to be
punished effectively. For instance, seven practitioners are currently
being
held in the Ouagadougou short-stay prison and another was sentenced to three
months’ imprisonment and jailed in the short-stay
prison in
Bobo-Dioulasso. However, one swallow does not make a spring. It is estimated
that over 60 per cent of women are circumcised
and there have
unfortunately been no signs of significant changes in behaviour as a result of
the campaign against this harmful traditional
practice.
513. Conventional
campaigns to bring home the damaging effects of forced marriages and female
circumcision have a limited reach given
that 78 per cent of the population is
illiterate. It seems vital therefore to find other ways to mobilize society
against these
evils.
B. Extension of compulsory education to age 16 under the Education Act
514. This piece of legislation has evidently
not had any real impact on promoting an educational system from which over 60
per cent
of school-age children are excluded for a variety of reasons: parents
living in poverty and precarious conditions, especially in
rural areas; or
shortages of school infrastructure and equipment, as well as of teachers.
Support measures will be considered to
make longer compulsory schooling a
reality, including the gradual introduction of free text books, higher
investment in the sector,
strategies that actually reduce the gender gap and the
gap between the town and countryside, and cheaper private education, to be
achieved by means of tax reductions or other methods.
515. Regrettably,
some children who have access to school are expelled for poor performance or
non-payment of school fees despite
the legal ban on expelling children before
they reach the age of 16.
516. Children’s diet is being improved
by, among other things, the distribution of free vitamin A capsules in the
provinces
hardest hit by vitamin deficiency and by a regulatory ban on the
import or marketing in Burkina Faso of non-iodized salt, in order
to combat
disorders linked to iodine deficiency.
517. The free distribution of
vitamin A in eight provinces will be evaluated with a view to extending it to
the other provinces and
thus reach as many children as possible. In the long
run, families will be taught about and alerted to the use of natural foods
containing this vitamin. With regard to the import of iodized salt, there is
some concern that the additional cost of iodization
may lead some poor families
to use smuggled, non-iodized salt. Measures are envisaged to keep prices down.
In addition, customs
checks at the borders and laboratory tests will be carried
out periodically.
C. Establishment of a children’s parliament
518. The establishment of a children’s
parliament, which has the task of taking the authorities to task on the
implementation
of the rights recognized in the Convention on the Rights of the
Child, is a major step forward, but does raise some doubts and questions:
Might not the present financial constraints facing the Government compromise the effective establishment, organization and functioning of this institution, which brings together 100 schoolchildren drawn from the country’s 45 provinces?
Is it not reasonable to fear that these young people’s expectations, as expressed in their programmes of work, will not always be among the Government’s national priorities?
Are there not likely to be problems in ensuring the effective contribution and involvement of most children, given the numerous problems they face every day just to survive?
519. Heightened awareness on the part of political leaders, foreign
development partners, civil society, parents and the children
themselves remain
a precondition for the institution’s viability.
D. Establishment of a children’s fund
520. The establishment of a children’s
fund to finance the projects and programmes in the National Plan of Action for
Children
was welcomed by the Government, which made an initial contribution to
it of 20 million CFA francs from the 1998 State budget.
521. However, to
keep the fund going and to increase its resources is a real challenge in a
national context in which the public finances
are characterized by budgetary
austerity. Moreover, the precarious living conditions of the majority of the
population justify some
pessimism with regard to the likelihood of receiving
large voluntary contributions. The support of bilateral and multilateral
partners,
non-governmental organizations and other associations and economic
actors therefore becomes vital. Their support is more likely
to be forthcoming
if the Government makes consistent and regular budget provisions that show its
commitment to supporting projects
and programmes for children.
RECOMMENDATIONS
522. The following recommendations have been
drawn up to improve the implementation of the Convention on the Rights of the
Child.
1. Establish juvenile courts
523. Because of their lack of physical and
intellectual maturity, children need special protection that encourages them to
fulfil
their potential.
524. The ever-increasing volume of cases
involving minors and the promptness and tact with which these cases need to be
handled requires
an openness and special skills on the part of the judge, which
is why juvenile courts should be established urgently.
2. Speed up the review of the Code of Penal Procedure
525. Although Act No. 19/61/AN of 9 May 1961,
on juvenile offenders and children at risk, did initially improve the position
of children
who were taken to court, it is now outdated and cannot afford
adequate protection and rehabilitation for children.
526. Criminal law as
it affects minors should be re-examined to take into account the international
instruments to which Burkina Faso
is a party, especially with regard to the best
interests of the child.
3. Carry out a feasibility study on the integration of the
Convention
on the Rights of the Child in the formal education
system
527. The introduction
of the Convention on the Rights of the Child into the formal education system
assumes that questions related
to the teaching approach, the development of
human resources for this task and the material and financial requirements are
taken
care of in advance; to do this, a feasibility study needs to be carried
out.
4. Take measures to ensure that special attention is paid to
the systematic
collection and processing of statistical data on children
from administrative
sources, disaggregated by age, sex and province of
origin
528. Statistics
are a valuable tool for policy guidance and decisions. Unfortunately,
statistics related to the rights of child are
either non-existent, unreliable or
incomplete in Burkina Faso.
5. Promote effectively and increase the number of public and
private
institutions providing care for minors
529. Given the
numbers of juvenile offenders and children at risk, the existing public and
private institutions providing care for
minors are unable to satisfy demand.
Increasing the number of these institutions would help reduce the number of
children held in
the short-stay prisons, which have harmful effects on their
social reintegration.
BIBLIOGRAPHY
Initial report of Burkina Faso
(CRC/C/3/Add.19)
Mid-term review of the National Plan of Action for
Children, July 1996
Multiple indicator survey, September
1996
Constitution of Burkina Faso
Code on the Individual and the
Family
Penal Code
Code of Penal Procedure
Labour
Code
Social Security Code
Education Act
Act No. 014-96-ADP
of 23 May 1996, on agrarian and land reform in Burkina Faso
Letter of
intent on sustainable human development policy
Introductory note on the
results of the study on the Burkina Faso poverty profile
Round table of
donors for social sector development:
Health care, water,
sanitation;
Education;
Employment and social
rehabilitation
Outcome of the training seminar for judges, senior
law-enforcement officers and prison officials on juvenile justice (Ouagadougou,
4-8 March 1996, and Bobo-Dioulasso, 11-15 March 1996)
Demographic and
Health Survey 1993
High-priority survey of household living conditions in
Burkina Faso
Burkina Faso poverty profile (1996)
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