PART ONE: DEVELOPMENT OF THE REGULATORY AND INSTITUTIONAL
FRAMEWORK AND IMPLEMENTATION OF RECOMMENDATIONS
I.
Development of the Regulatory and Institutional Framework
A. Regulatory Framework
6. Since the presentation of the previous report to the African Commission on Human and
Peoples’ Rights, progress has been made with regard to the regulatory regime at the regional
and national levels.
7. At the international and regional levels, the following instruments have been ratified:
- The UNESCO Convention on the fight against discrimination in the area of education,
ratified on 4 September, 2012, and
- The African Union Convention on the Protection of and Assistance to Internally Displaced
Persons in Africa, ratified on 26 April, 2012;
Furthermore, other international or regional instruments were also ratified just before the
submission of the previous report. These are as follows:
- The Optional Protocol to the Convention against Torture and the Other Forms of
Punishment or Cruel, Inhuman or Degrading Treatment, ratified on 7 July, 2010, and
- The Charter on Democracy, Elections and Governance, ratified on 6 July, 2010.
8. At the national level, it was, among others, observed that the following laws have been
adopted:
- Law No.012-2010/AN of 1 April, 2010 on the promotion and protection of the rights of
persons with disabilities;
- Law No.003-2011/AN of 5 April, 2011 on the Forestry Code;
- Law No.033-2012/AN of 11 June, 2012 on the Constitutional review;
- Law No.2012-034/AN of 2 July, 2012 on the reorganization of the agrarian and land regime;
- Law No.006-2013/AN of 2 April, 2013 on the Environmental Code;
- Law No.014-2014/AN of 13 May, 2014 on the elimination of the sale of children, child
prostitution and child pornography;
- Law No.015-2014/AN of 13 May, 2014 on the protection of children in conflict with the law
or those in danger;
- Law No.016-2014/AN of 13 May, 2104 on the status of prison warders, and
- Law No.022/AN of 27 May, 2014 on the prevention and elimination of torture and similar
practices.
In addition to the enactments referred to above, mention must be made of the Transitional
Charter adopted on 13 November, following the popular insurrection of 30 and 31 October 2014
and after the previous government had expressed the desire to amend the Constitution in order to
allow former President Blaise Compaoré, who had been in power since 1987, to stand again in
2015.
The Charter is a consensual document adopted by the various stakeholders (political parties, civil
society organizations, defence and security forces as well as religious and traditional authorities).
This Charter complements the Constitution. In this regard, it defines the transitional modalities,
its organs and the criteria for the persons supposed to steer the process.
B. Institutional Framework
1. Institutions prior to the transition
8
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