Country Report on Human Rights Practices for 1989
BURKINA FASO
t
Burkina Faso is ruled by a military regime headed by Captain
Blaise Compaore, who took power from Thomas Sankara on October
15, 1987 in the country's fourth military coup since 1980.
The new military regime continued the ban on political parties
and activities and gave no indication that the country will
return to constitutional rule. Instead, President Compaore
moved to firm up a narrow political base by forming a "popular
front" of various leftwing and centrist groups, military
officers, and miscellaneous civilians to assist in running the
Government. He has also formed a network of Revolutionary
Committees (CR's), loosely organized at national, regional,
and local levels, to mobilize the population and promote
revolutionary goals.
The Burkina Faso armed forces number about 7,500 members,
including 5,200 in the army, 100 in the air force, and 2,200
in the paramilitary gendarmerie and the police. All police
and internal security forces are controlled by the Ministry of
Defense.
Burkina Faso, one of the world's poorer countries, is
overwhelmingly tied to subsistence agriculture, with 90
percent of the population living in rural areas. Agriculture
is, however, highly vulnerable to fluctuations in rainfall.
Frequent drought, lack of communications and other
infrastructure, a low literacy rate, and a stagnant economy
are all longstanding problems. The country has a per capita
income of about $180 per year.
Human rights continued to be circumscribed in 1989. Problem
areas were extrajudicial killings, arbitrary detentions,
mistreatment of detainees, and restrictions on press, speech,
assembly, and the right of citizens to change their government
through peaceful means. The Government did allow the
establishment of a local human rights organization (which
intervened in some specific cases), permitted some political
groupings to form and distribute pamphlets discreetly, and
released all political opponents held in prison.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
Four members of the armed forces were summarily executed
without trial in September 1989 after allegedly plotting a
coup d'etat. The four were Minister of Defense Major
Jean-Baptiste Lengani, Minister of Economic Promotion Captain
Henri Zongo, the officer in charge of the communications unit,
Captain Sabyamba Koundaba, and an unidentified bodyguard of
the Minister of Defense. After the coup attempt of Christmas
1989, the Government made a point of denying rumors that 7
people had been executed and said all arrestees would receive
trials.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Torture and mistreatment of detainees have been persistent
problems for a number of years. Amnesty International
published a special report in 1988, "Burkina Faso, Political
Imprisonment and the Use of Torture from 1983 to 1988," giving
accounts of the imprisonment of political opponents and
torture under the present and preceding governments. Police
brutality continued in 1989, although there were fewer
credible reports, usually involving severe beatings, often at
the time of apprehension. A Catholic Church-sponsored
organization has alleged that the police and gendarmerie beat
and tortured at least 15 people arrested for political reasons
in 1989. The Government denied that anyone has been tortured.
Prison conditions are poor, with most prisons holding double
their design capacity, and are characterized by the lack of
sufficient food, minimum hygiene, and medical support.
d. Arbitrary Arrest, Detention, or Exile
There were continuing reports in 1989 of arbitrary arrest.
The law permits preventive detention without charge for a
maximum of 72 hours, renewable for a single 72-hour period in
criminal cases. In practice, there are frequent violations of
this restriction in cases involving both Burkinabe and foreign
nationals, especially in political cases. Several
schoolchildren, for example, were held in detention without
charge for a number of months in 1988. In addition, in cases
of emergency or national security, the military code, which
provides for indefinite detention, overrides the civil code.
Access to lawyers is not normally permitted in security cases,
although it is provided for by law.
The Government detained several persons for political reasons
during 1989, but by the end of the year all had been released,
many within a few days of their arrest. Immediately following
the discovery of the alleged coup plot on September 18, three
or four government officials were arrested and held briefly
for questioning. These persons were later released, but four
others were summarily executed without trial. The Government
also released a number of persons detained since the overthrow
of the Sankara government in 1987, including former Interior
Minister Ernest Nongria Ouedraogo. In this connection, 23
junior military personnel, detained at various times since
Sankara "s overthrow on s-uspicion of coup-plotting, were
released August 4, 1989. An unknown number of people were
arrested as a result of a coup attempt over Christmas 1989.
Numbers rumored range from 5 to 30 prisoners, including
military personnel. They were still being held at year's end,
and the Government had provided no names or other information,
despite requests.
Some intellectuals, ex-military officers, and former
government officials remain in self-imposed exile abroad,
partly due to fear for their safety should they return.
Captain Boukary Kabore, leader of resistance at Koudougou
airforce base against Compoare's coup in 1987, is now exiled
in Ghana. He charged in 1989 that the popular front
Government is attempting to liquidate all remaining Sankara
loyalists. The Government has encouraged opponents of the
Sankara regime to return home, but few have done so. Kabore
stated in an interview in November that if he had the chance
to seize power in Burkina, he would do so.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The regular judiciary, patterned after the French system, has
continued to function for most criminal and civil cases.
Defendants traditionally receive a fair trial and are
represented by counsel. In 1987 the Government began the
practice of appointing civil service attorneys to represent
those who do not wish to retain, or are unable to afford, a
private attorney.
The people's revolutionary courts begun under Sankara
continued to hear cases primarily involving public
corruption. The president of each people's court is a
magistrate appointed by the Government to head a tribunal
composed of magistrates, military personnel, and members of
the CR's. The court president asks questions directly of the
defendant.
In December 1988, seven soldiers were convicted by a military
court in Bobo Dioulasso. The trial was held in secret, and
the seven were executed the day after conviction without an
opportunity to appeal. In the 1989 case of the four persons
summarily executed, there was no known trial.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Government authorities generally do not interfere in the daily
lives of ordinary citizens, and there is no general monitoring
of private correspondence or telephones. Under the law, homes
may be searched only under authority of a warrant issued by
the attorney general. An exception exists, however, in
national security cases, where a special law permits
surveillance, searches, and monitoring of telephones and
correspondence without a warrant. This law is used against
persons suspected of opposition to the Government.
The Government encourages participation in the CR's and also
in organizations being formed to support the Popular Front.
However, it was still not clear in 1989 if lack of
participation will result in dismissals from civil service
positions, as was the case in previous regimes.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While there is no formal government censorship, the Government
employs intimidating methods to limit freedom of speech and
press. For example, repeated references by the regime to
enemies of the State at home and abroad inhibit both
government-employed journalists and ordinary citizens from
expressing critical views. Similarly, it uses occasional
dismissals from government service and arbitrary arrest to
quash debate on political topics. In 1989 several persons
were arrested and held briefly for distributing political
leaflets.
Under the control of the Minister of Information, the media,
which consists of a daily newspaper, a weekly magazine, a
monthly magazine, and radio and television stations, are all
government owned, and all journalists are civil servants. The
media do not engage in serious criticism of the Government and
reflects government positions on both international and
national issues. Journalists who try to report stories
without political bias may be replaced for failing to support
sufficiently the political views of the Government. In 1989 a
private newspaper, L 'Observateur , attempted to publish its
first edition since it was burned down in 1984. The
Government quickly cut off the electricity and stationed
police at the doors, ostensibly because the newspaper did not
have the proper permits. It subsequently made it clear that
no permit will be granted. A small, private all-music radio
station authorized to broadcast in the last days of the
Sankara administration remains closed as well, after being
shut down in the first days of the Compaore Government.
A new information code has been pending for more than a year.
A number of proposed provisions involve insuring government
control of any means of communication, publicly or privately
owned, and government licensing of journalists. It would also
institute prison terms or fines for violation of the code.
Foreign newspapers and magazines entered the country freely
during 1989. For the most part, foreign journalists traveled
freely and filed stories without censorship and enjoyed access
to government officials. Films are subject to censorship by a
review board which includes religious authorities as well as
government officials. There were no known instances of
political censorship of movies. There is no interference with
international radio broadcasts.
b. Freedom of Peaceful Assembly and Association
Under both the Sankara and Compaore Governments, political
parties as such have been banned, and administrative
permission is generally required for assemblies of any kind.
However, in 1989 the Government permitted several small
political groupings to meet more or less openly, with the more
centrist groups invited to join the Government's popular
front. Nonpolitical associations for business, religious,
cultural, and other purposes exist and experience no
difficulty in obtaining permission to meet or in associating
with international bodies in their fields.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Burkina Faso is a secular state, and there is no official
discrimination on religious grounds. Islam and Christianity
exist side by side, with about 40 percent of the population
Muslim and about 15 percent Christian. The remainder of the
population practices traditional African religions. Muslim
and Christian holidays are recognized as national holidays.
Social mobility and access to modern sector jobs are neither
linked to, nor restricted by, religious affiliations.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Travelers within Burkina Faso are routinely stopped at police
and military checkpoints. There appears to be little
restriction on foreign travel for business and tourism. Exit
permits, once used to limit movements of workers to
neighboring countries, particularly to Cote d'lvoire where 2
million or more Burkinabe continue to reside and work, are no
longer required.
I
Refugees are accepted freely in Burkina Faso, and attempts are
made to provide for their care in cooperation with the United
Nations High Commissioner for Refugees. There were
approximately 270 refugees and displaced persons in Burkina
Faso at the end of 1989, mainly from Chad.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government
through democratic procedures. The military have dominated
the political process since 1980 through four changes in
leadership. To bolster his popular front. President Compaore
has taken some steps to create an opening to small
conservative and centrist political forces, but he has not
publicly indicated any movement toward a constitution,
national elections, or political parties in the future. He
relies on an amorphous grouping of people, including military
officers, to help run the Government and has a loose network
of Revolutionary Committees throughout the country to mobilize
support.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
There were no known international investigations of Burkina in
1989. A new, local human rights organization, the Burkina
Movement for Human Rights and Rights of Peoples (MBDHP) , was
formed, led publicly by the President, Administrative Chamber
of the Superior Court. While the MBDHP has not directly
publicly criticized the Government on specific human rights
issues, after the September executions it publicly reaffirmed
its opposition to the death penalty and the need in Burkina
for fair public trials. Privately, it has brought a number of
specific issues to the attention of the Government, such as
the treatment of prisoners immediately after the September
1989 coup plot. Members were not harassed in 1989.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Minority ethnic groups are as likely to be represented in the
inner circles of the Government as are the dominant Mossi, who
comprise 50 percent of the population. Government decisions
do not favor one ethnic group over another.
In the largely rural African society of Burkina Faso, women
still occupy a subordinate position. Women supply much of the
labor in family farming and are active in the market economy.
The Government is committed to expanding opportunities for
women, including in cabinet and civil service positions.
Women make up one-fourth of the government work force, which
represents one-third of the total salaried work force in the
country. Women make up approximately one-third of the total
student population in the primary, secondary, and advanced
school systems. While there is no known discrimination
against women in the granting of scholarships for advanced
study, schools in rural areas have disproportionately fewer
girls than schools in urban areas.
Violence against women, expecially wife beating, occurs fairly
frequently in the rural areas, less often in the urban areas.
The Government is attempting through the National Women's
Association (UFB) to educate people on the subject. Specific
cases can be brought to the UFB which attempts to offer
protection and counsel. Such cases are sometimes brought
before a "popular conciliation tribunal" for mediation. The
Government also sponsors campaigns against female genital
mutilation, which still occurs in many rural areas, although
it is becoming less common in urban centers. Another form of
multilation is by scarring the face of both boys and girls of
certain ethnic groups, which is rapidly disappearing. The UFB
also takes the leadership in these campaigns.
Section 6 Worker Rights
a. The Right of Association
Workers have traditionally had the legal right to associate.
There are a number of autonomous unions and five labor
federations. Organized labor continues to be an important
force in Burkina Faso. All unions jealously guard their
limited independence from the Government. However, despite
legal rights, the unions have been prevented from engaging in
activities the Government opposes. Under the previous regime,
many labor leaders were arrested and held for long periods.
Some were reportedly tortured. One former trade union
official was detained briefly in September 1989, allegedly in
connection with a nonunion dispute.
Organized labor has the legal right to strike, but the Sankara
government eliminated this right in practice. The Compaore
Government has not faced major labor unrest, and its attitude
has yet to be tested. There were several minor strikes in
1989. The International Labor Organization's (ILO) Committee
of Experts noted with satisfaction in 1989 that all the
teachers dismissed following a strike in 1989 had been
reinstated, that sanctions against officials had been lifted,
and that all political prisoners and admistrative detainees
had been freed.
The largest federation, the National Organization of Free
Trade Unions, is affiliated with the International
Confederation of Free Trade Unions. Another federation is
affiliated with the World Confederation of Labor, and a third
is affiliated with the Communist-controlled World Federation
of Trade Unions. The other two federations are unaffiliated.
The five federations take turns representing labor at the ILO
meetings and participate in African regional labor meetings as
we 1 1.
b. The Right to Organize and Bargain Collectively
Unions have the right to bargain for wages and other benefits
within a specific bargaining unit, such as a company or
factory, but cannot bargain industry-wide. They represent the
interests of their members in the private and public sectors,
as well as before the labor inspection service of the
Government and before the courts.
There are no export processing zones in Burkina Faso.
c. Prohibition of Forced or Compulsory Labor
Forced labor is not employed and is prohibited by law.
d. Minimum Age for Employment of Children
The labor code sets the minimum age for employment at 14, the
average age for completion of basic secondary school.
However, the Government lacks the means to enforce this
provision adequately, even in the small-wage sector. Most
children actually begin work at an earlier age owing to the
large number of small, family subsistence farms and the
traditional apprenticeship system.
e. Acceptable Conditions of Work
A minimum monthly wage of about $75 and a maximum workweek of
48 hours are stipulated by the labor code, as are safety and
health provisions. This minumum wage is not adequate for a
worker to support a family, and wage workers usually must rely
on supplementing income through the extended family and
subsistence agriculture. A system of government inspections
and labor courts ensures that these provisions are applied in
the small industrial and commercial sectors, but they have
been impossible to enforce in the dominant subsistence
agriculture sector which involves 90 percent of the population
