Nairobi — Country Review Should Focus on Civilian Protection, Civic Space, Accountability
The African Commission on Human and Peoples' Rights should focus on the most critical issues facing Burkina Faso during its country review on October 23, 2024, Human Rights Watch said today. The Burkinabè government should urgently address the need to protect civilians affected by armed conflict; safeguard civic space for activists, journalists, and the political opposition; and pursue accountability for serious abuses.
State Reporting, an African Union mechanism established to monitor member states' adherence to the African Charter on Human and Peoples' Rights, requires countries to submit regular reports detailing legislative and other measures taken to uphold the rights enshrined in the charter. Current human rights concerns are not addressed in Burkina Faso's report dated May 2023, which covers 2015 to 2021. These include widespread conflict-related abuses by state forces and Islamist armed groups, restrictions on fundamental rights and freedoms, and pervasive impunity.
"The African Rights Commission review of Burkina Faso offers a unique opportunity to engage with Burkinabè authorities on their human rights practices," said Allan Ngari, Africa advocacy director at Human Rights Watch. "The commission should press the authorities to prioritize protection of civilians during military operations and ensure compliance with international humanitarian law."
Burkina Faso has been fighting an insurgency by the Al-Qaeda-linked Group for the Support of Islam and Muslims (Jama'at Nusrat al-Islam wa al-Muslimeen, JNIM) and the Islamic State in the Greater Sahara (ISGS) since the armed groups invaded the country from Mali in 2016. Burkina Faso has had two military coups since 2022.
The Burkina Faso report outlines measures purportedly taken to tackle "violent extremism" and terrorism, such as establishing a pool to investigate and prosecute terrorist acts, and mobilizing provost marshals responsible for discipline in the armed forces and the protection of detainees' rights. The report also states that security forces receive training in international human rights and humanitarian law to prevent abuse, and that those responsible for "inhumane or degrading acts" are held accountable.
Human Rights Watch has documented grave abuses by Burkinabè security forces during counterinsurgency operations throughout the reporting period and since then, including crimes against humanity. Soldiers have unlawfully killed and forcibly disappeared hundreds of civilians whom they accused of collaborating with Islamist armed groups.
The Islamist armed groups have committed serious abuses against civilians, including summary executions, sexual violence, abductions, and pillaging, and continue to besiege numerous towns and villages across the country.
In April 2023, the African Rights Commission issued a communiqué following the killing of scores of civilians by alleged security forces in the village of Karma, Yatenga province, urging the authorities to initiate investigations and "ensure the protection of civilians." In November 2023, the commission's Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa signed an urgent appeal letter following an attack on civilians in the village of Zaongo, Namentenga province, also calling for an investigation.
Under international law, the Burkinabè government bears primary responsibility for ensuring justice for the most serious crimes. Yet, it has made limited progress in investigating, much less prosecuting, those responsible for the many grave offenses committed during the armed conflict since 2016. The report from Burkina Faso provides no information on investigations into alleged abuses by government security forces during the reporting period, nor on any judicial proceedings.
The report also mentions measures taken to uphold civil and political rights, including a June 2017 law designed to protect human rights defenders. Nevertheless, the Burkinabè authorities have restricted civil and political rights during and since the reporting period, Human Rights Watch said.
Since taking power in 2022, the junta has systematically cracked down on activists, opposition party members, journalists, and critics. Human Rights Watch has extensively documented the use of unlawful conscription to silence dissent, as well as abductions and enforced disappearances of dozens of government critics and dissidents.
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In December 2023, the African Rights Commission expressed concern about the abduction of the prominent human rights defender Daouda Diallo, and "acts of intimidation, judicial harassment and reprisals" against all rights defenders. In July, it denounced the alleged enforced disappearance of three Burkinabè journalists, calling on the authorities to provide information on their whereabouts and release them. The authorities have not provided any information regarding the journalists' whereabouts, despite requests from their families and lawyers.
The African Rights Commission has not visited Burkina Faso for several years. It should consider requesting permission for a formal visit to assess the human rights situation and publish a comprehensive report, Human Rights Watch said.
"The African Rights Commission should raise in detail the grave abuses by security forces and Islamic armed groups and the need for accountability," Ngari said. "The commission should also recommend concrete measures to ensure that activists, journalists, and political opponents are protected, allowing them to carry out their work without fear."
