PART THREE: IMPLEMENTATION OF THE ACHPR PROTOCOL ON THE RIGHTS
OF WOMEN IN AFRICA
294. The Additional Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women Africa, adopted in Maputo on July 11 2003 under the auspices of the African
Union was ratified by Burkina on 9 June 2006.
CHAPTER I: BACKGROUND INFORMATION
I.
Description of the legal framework relating to the rights of women in Burkina
Faso
295. Generally, the burkinabè legal framework is favourable to the protection of the rights of
women in Burkina Faso. It consists of international human rights instruments, the Constitution,
legislative and regulatory texts. Though there are no national texts dealing specifically with
women’s issues, the legal framework generally contains provisions that are favourable to
women.
At the international level, the following:
-
The UNESCO Convention against Discrimination in Education, ratified on 9 September
2012;
- The African Union Convention for the Protection and Assistance to internally displaced
persons in Africa, ratified 26 April, 2012 ;
- The Optional Protocol to the Convention against Torture, ratified on 7 July 2010;
- The African Charter on Democracy, Elections and Governance, ratified on 6 July, 2010;
- The Convention against Enforced Disappearances, ratified on 3 December 2009;
- The Convention on the Rights of Persons with Disabilities and its Optional Protocol, ratified
on 22 August 2009 ;
- The Bamako Convention on the Ban of the Import into Africa of Hazardous Wastes and the
Control of Transboundary Movements and the Management of Hazardous Waste Products in
Africa, ratified on 10 June 2009.
At the national level, this particularly concerns:
-
Law No. 034-2012/AN of 2 July 2012 on Agrarian and Land Reform : According to this
Law, the land-use planning and the sustainable development of the territory, management of
forestry and other natural resources as well as the regulation of real estate rights are
governed, among others, by the principles of gender, respect for human rights and equity;
-
Law No. 033-2012/AN of 11 June 2012 on the review of the Constitution : apart from the
fact that the Constitution of 11 June 1991 had already laid down the principle of equality of
birth for all burkinabè nationals, its review in 2012 enabled the issue of gender development
to be incorporated ;
-
Law No. 0034-2009/AN of 24 July 2009 on rural land regime : its confers the same rights of
access to and possession of lands to both men and women ;
-
Law No.010-2009/AN of 16 April 2009 on the determination of quotas for legislative and
municipal elections : the passage of this law is a step forward in the regulatory plan looking
at the social environment ;
-
Law No. 029-2008/AN of 15 May 2008 on the fight against human trafficking and similar
practices : it provides for sanctions, especially severe ones, in the event where the victim is a
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