BURKINA FASO*
[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. Non‑discrimination ........................................................... 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 non‑return (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
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 Pan‑African 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 |
Non‑governmental 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 Secretary‑General 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.
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.
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 school‑age 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.
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 ill‑treatment).
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 mentally‑ill 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.
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.
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.
(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.
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).
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.
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.).
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.
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.
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).
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.
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, ill‑treatment 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 ill‑treatment.
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.
144. The importance of the family is recognized in law: the family is the basic unit of society (see initial report, p. 12).
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.
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.
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 i