PART TWO: IMPLEMENTATION OF THE AFRICAN CHARTER ON HUMAN AND
PEOPLES’ RIGHTS
CHAPTER 1: HUMAN AND PEOPLES’ RIGHTS
I.
Civil and Political Rights
A. Right to Non-Discrimination and Equality before the Law
111. Non-discrimination is the first principle established by the fundamental law of Burkina
Faso. Indeed, Article 1 of the Constitution stipulates that: “All Burkinabes are born free and
equal in law.” The equality of the citizenry before the law, according to Burkinabe law,
implies that all citizens are treated on an equal footing before all the courts, without any
discrimination whatsoever. As has been stated in the previous report, the rules of access and
procedures before any court are the same for any person subject to trial. Burkina Faso also
ratified the UNESCO Convention against Discrimination in Education on 4 September,
2012.
B. Right to Life and Physical and Moral Integrity
112. The right to life is not only proclaimed and guaranteed by the Constitution (Article 2),
but also by other legal enactments, particularly the law of 1996 on the Criminal Code which
provides for sanctions against any person who makes an attempt on the life of another
person. Thus, all forms of attempt on the life of a person (murder, infanticide, parricide,
poisoning, termination of pregnancy, genocide…) attract punishment (Articles 313 et seq. of
the Criminal Code).
113. Concerning the death penalty, Burkina Faso has signed the moratorium of abolitionist
countries. A draft of the law on the ratification of the Second Protocol to the International
Covenant on Civil and Political Rights aimed at abolishing the death penalty has been
prepared. However, consultations held as part of Consultative Council for political reforms in
2011 on the issue did not reach a consensus for the abolition of the death penalty. However,
consultations are on-going to better prepare the minds of the public for the ratification of the
2nd Protocol to the ICCPR.
C. Banning of Torture and Cruel, Inhuman or Degrading Punishment or Treatment
114. Since the previous report, Burkina Faso has continued to make efforts to ban torture by
ratifying the Optional Protocol to the Convention against Torture on 7 July, 2010. This
ratification comes on the heels of a number of actions taken by the Government, among
which is the organization in Ouagadougou on 24 June, 2010, of a conference on the theme:
“Role of the Convention against Torture and other Cruel, Inhuman or Degrading
Punishment or Treatment and its Optional Protocol on the Protection of Human Rights.”
115. Several measures have been taken for the implementation of the Convention as well as its
Optional Protocol. Among others, these measures are as follows:
-
organization of a conference on “the Convention against torture and Other Cruel, Inhuman
or Degrading Punishment or Treatment and its Optional Protocol” at the Georges
NAMOANO Military Academy at Pô, on 2 December, 2011, and the National Active NonCommissioned Officers Academy (ENSOA), on 27 June, 2012, and
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