CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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beyond those listed in the table contained in the CSAR and cover a wider
range of topics. The mission nevertheless deplores the fact that there is no
single operational frame of reference that contains all the instruments of which
Burkina Faso is a part and which can be made available as and when required.
137.
The mission notes that, to date, there has been some delay in the submission,
by Burkina Faso, of its reports to competent bodies of the UN responsible for
overseeing treaties. Thus, since 1997, the country has not submitted a report to
the Committee on the Elimination of Racial Discrimination. Since 2000, a
similar situation has pertained in the case of the submission of reports to the
Committee on Human Rights; the Committee on Economic, Social and
Cultural Rights; and the Committee against Torture. Similarly, with regard to
the Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of Children, reports have not been submitted for the
years 2004 and 2007 respectively. The mission was nevertheless pleased to
learn that there were renewed efforts to overcome these deficiencies, with four
reports being in different stages of preparation. As regards ratification, the
state had initiated the technical process of preparing documents for the
ratification of the Convention on the Rights of Persons with Disabilities and
the International Convention for the Protection of All Persons from Enforced
Disappearance. As for the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty, the ratification thereof seems to be a major challenge for the
authorities in Burkina Faso, which have not yet registered it on their work
plan.
138.
The mission noted with satisfaction that, aware of its obligations stemming
from international instruments of which it is a signatory, the Burkinabe state
had – in addition to the roles traditionally assigned to the various constitutive
bodies of state by the constitution for the implementation of the instruments
ratified – initiated a number of actions, including the adoption of a policy and
plan of action directed at the promotion of human rights, the establishment of
the CNDH, and the creation of a Ministry for the Promotion of Human Rights.
139.
Despite these initiatives, in Burkina Faso, holders of the rights contained in the
relevant international instruments in reality have very little knowledge of such
rights, or are even able to truly enjoy the benefits of the rights. This can be
partly explained by the fact that, in the absence of effective domestication
based on the real empowerment of stakeholders, such instruments are confined
to playing only a remote, symbolic and ideal role, rather than serving as legal
reference texts that are currently cited and used and which have authority in
the country. While the lack of human, technical and financial resources that
characterises the situation in the country remains a major cause of concern, it
is also important to note that there is an unwillingness to put in place the
mechanisms – texts, sensitisation structures, information and training –
required for the implementation and enjoyment of the rights contained in the
ratified instruments.
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