BURKINA FASO: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Trafficking for economic exploitation, particularly in neighbouring Côte d'Ivoire

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee while welcoming the ratification by the State party of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography and the adoption of a National Action Plan against Trafficking in human being which covers sexual violence against children, expresses concern that child prostitution is on the rise in all provinces of the State party and that children are increasingly trafficked from rural to urban areas and from neighbouring countries for sexual exploitation. The Committee also expresses deep concern at the extremely low sanctions pronounced against persons committing paedophilia.

The Committee recommends that the State party:

(a) Intensify its efforts to tackle child prostitution and child trafficking for sexual exploitation;

(b) Take appropriate measures to ensure that those who perpetrate sexual offences against children are effectively punished with sanctions proportionate with their crime;

(c) Ensure that child victims of sexual exploitation or abuse have access to free, child- sensitive complaints mechanisms and provide support to children denouncing sexual abuse;

(d) Continue to implement appropriate policies and programmes for prevention, recovery and social reintegration of child victims, in accordance with the outcomes of the 1st, 2nd and 3rd World Congresses against Commercial Sexual Exploitation of Children of 1996, 2001 and 2008 as well as the outcome of other international conferences on this issue.

The Committee welcomes the adoption of Act No. No. 029-2008 on Combating Trafficking in Persons and Related Practices of 15 May 2008 and of a National Plan of Action against Trafficking in Persons in April 2007. The Committee also notes with satisfaction that several multilateral cooperation agreements were signed between 2004 and 2006 with neighbouring countries and the establishment of vigilance and supervision committees, the increased number of children intercepted and trafficking offenders brought to justice. However, the Committee notes that in spite of these efforts,

(a) Trafficking in children within and from the State party for domestic servitude, sexual exploitation, forced labour in gold mines, stone quarries, and the agriculture sector remain widespread;

(b) Police do not exhibit any systematic effort to identify trafficking victims, among them women and girls in prostitution;

(c) Extremely low sentences are pronounced against those trafficking children.

(d) No legal alternatives are provided to the removal of foreign victims to countries where they face hardship or retribution;

(e) The 2007 National Action Plan against Trafficking in Persons has been insufficiently implemented due to a lack of appropriate funding;

The Committee recommends that the State party:

(a) Undertake awareness-raising educational measures to prevent and eliminate women and child trafficking, in particular by supporting the current efforts undertaken by NGOs;

(b) Ensure proper investigation in cases of child trafficking by notably training police and government social workers to identify trafficking victims

(c) Ensure systematic prosecution of the perpetrators and impose adequate sentences for such crimes;

(d) Provide foreign victims legal alternatives to removal to countries where they may face hardship and retribution and establish a regional prevention and response mechanism including comprehensive data collection;

(e) Provide adequate resources for a full implementation of the National Action Plan against Trafficking in Persons;

(f) Strengthen its efforts to support physical and psychological recovery for all children, victims of sale or trafficking; and

(g) Establish a 3-4 digit, toll-free, 24-hour national helpline for children which an outreach component for the most remote areas of the State party and ensure that it is provided with adequate financial and human resources for its effective functioning. (Paragraphs 72-75)

UN Committee on the Elimination of Discrimination against Women
Last reported: 5 October 2010

The Committee welcomes the adoption of a new law aimed at combating human trafficking, as well as multilateral agreements to combat trafficking in women and children. The Committee is concerned about the incidence of trafficking in girls for domestic work and labour into neighbouring countries.

The Committee recommends that the State party put the necessary coordinating mechanisms in place to reinforce the implementation of the new legislation. The Committee also reiterates its recommendation to continue preventive measures aimed at improving the economic situation of girls and women and their access to land, gainful employment and other resources. (Paragraphs 27-28)

UN Special Rapporteur on the Human Rights of Migrants
Country visit: 2-9 February 2005
Report published: 5 January 2006

Authorities such as the Ministry of the Interior and representatives of civil society interviewed by the Special Rapporteur mentioned child trafficking as one of the major problems affecting Burkina Faso. The Special Rapporteur found that it is common for people to want to leave their families to "seek a better life" elsewhere.

Burkina Faso is a country of origin, of transit and of destination. As a country of destination, it chiefly takes in child workers from south-eastern Mali, who take up domestic service in Burkina Faso. As far as child trafficking to other countries is concerned, the main destinations are Côte d'Ivoire and to a lesser extent Benin, Nigeria and Ghana. Some 9.5 per cent of children between six and 17 years old do not live with their parents. Of these, 29 per cent live abroad, for the most part in Côte d'Ivoire where boys work mainly on plantations in conditions of forced labour, and girls work in domestic service.

These children work mainly in the primary sector (agriculture) and secondary sector (domestic service in the case of girls). There is also a widespread tradition of placing children with Koranic teachers. (Paragraphs 75-78)

Universal Periodic Review (December 2008)

13. Intensify efforts to combat trafficking in girls and women for sexual exploitation (Malaysia) through the implementation of a national strategy to combat this issue (Malaysia, Australia); intensify efforts to implement the national action plan to combat trafficking, particularly by bringing to justice and systematically convicting those individuals held responsible (Canada); (accepted)

15. Effectively implement the international instruments ratified that focus on the protection of the child and children's rights (Italy); make further efforts to ensure that the social services provided for children remain a priority (Djibouti) and take appropriate measures to protect the most vulnerable children, particularly girls, disabled children and rural children, and ensure effective protection of children against sexual abuse, all forms of violence and exploitation, trafficking and child labour (Luxembourg); (accepted)

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Children work in dangerous conditions, particularly girls in domestic service and boys in cotton plantations

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee expresses concern that:

(a) Children continue to work in extremely dangerous conditions, especially in gold mines and as domestic servants, a situation that often expose[s] girl child[ren] to multiple forms of abuse

The Committee urges the State party to:

(a) Give priority to addressing [the] vulnerable situation of child domestic workers and children working in dangerous conditions on cotton farms (Paragraphs 68 and 69)

UN Committee on the Elimination of Discrimination against Women
Last reported: 5 October 2010

The Committee urges the State party to enact legislation on violence against women, including domestic violence, and to give high priority to putting in place comprehensive measures to address all forms of violence against women and girls. (Paragraph 22)

Universal Periodic Review (December 2008)

16. Consider fostering national strategies to combat child labour and to promote decent work (Brazil); and develop and implement preventative and protection policies and measures for the victims of child labour (Slovenia); (accepted)

UN Special Rapporteur on the Human Rights of Migrants
Country visit: 2-9 February 2005
Report published: 5 January 2006

Many children work on the plantations of Côte d'Ivoire. Working conditions vary from region to region, but are often akin to forced labour.

Girls leave their families mainly to take up domestic service. This is either internal migration (from the countryside to the towns) or from neighbouring countries like Mali.

For instance, in the province of Sourou in the north-west of the country, most children leave the villages to go and work in towns, either in Ouagadougou or in Bobo-Dioulasso. Young girls tend to leave home for the first time when they are between 10 and 12 years old, and more girls tend to leave home than boys. Most children take their own decision to leave. Most of them have had no schooling before they go. Many parents agree to their decision. There is a minority, however, who are not keen to leave the village. They are often persuaded to do so by pressure from the parents, especially the mother, or they are influenced by friends who have already left or are preparing to leave. Girls employed in domestic service face considerable risks of exploitation. Many girls give accounts of being subjected to physical, psychological or sexual abuse. Besides the children's physical integrity, some of their fundamental rights are also disregarded, on account of being made to work too early, being exposed to harsh living conditions, etc. The problem of education is ever-present too; in the towns, children who work do not attend school. (Paragraphs 80, 81, 82)

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Violence in schools

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee is ... concerned that:

(i) Children are exposed to grave forms of physical and psychological violence in schools, particularly girls who are at risk of being sexually abused by teachers

The Committee recommends that the State party:

(i) Design strategies to prevent the occurrence of violence in schools and encourage school and health services to detect and report evidence of abuse, ensure full and unannounced inspection of school facilities and wide publicity of the investigations conducted (Paragraphs 64 and 65)

UN Committee on the Elimination of Discrimination against Women
Last reported: 5 October 2010

[T]he Committee is concerned that access to basic education in the State party remains limited, and that obstacles to keep girls enrolled until the end of the education cycle remain significant. Violence is a serious problem affecting girls and ensuring safe schools, dormitories and school environments remains a challenge. The Committee encourages the State party to provide universal basic education free of charge, to identify measures to reduce and prevent drop-outs among girls and to consider developing accredited non-formal education programmes for girls who drop out. (Paragraphs 31 and 32)

UN Special Rapporteur on the Human Rights of Migrants
Country visit: 2-9 February 2005
Report published: 5 January 2006

The Koranic teachers are known as "marabouts" and the children "talibes", students of God, or pejoratively "garibouts". Most of the time the parents entrust their children to Koranic teachers as a result of conditions of extreme poverty, in the belief that this might give them the opportunity to receive some education. The talibes have to gather a minimum amount of money, which they must hand over to the marabout or be punished. They beg or do odd jobs in small trade, catering or agriculture. They are easy to recognise because they wear white hats and carry five-kilo tomato tins, which they use as begging bowls throughout the day. The talibes themselves describe their living conditions as miserable: they are not sufficiently fed; the marabouts ill-treat them and they have to spend their whole day begging. (Paragraph 79)

For instance, in the province of Sourou in the north-west of the country, most children leave the villages to go and work in towns, either in Ouagadougou or in Bobo-Dioulasso. Young girls tend to leave home for the first time when they are between 10 and 12 years old, and more girls tend to leave home than boys. Most children take their own decision to leave. Most of them have had no schooling before they go. Many parents agree to their decision. There is a minority, however, who are not keen to leave the village. They are often persuaded to do so by pressure from the parents, especially the mother, or they are influenced by friends who have already left or are preparing to leave. Girls employed in domestic service face considerable risks of exploitation. Many girls give accounts of being subjected to physical, psychological or sexual abuse. Besides the children's physical integrity, some of their fundamental rights are also disregarded, on account of being made to work too early, being exposed to harsh living conditions, etc. The problem of education is ever-present too; in the towns, children who work do not attend school. (Paragraph 82)

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The minimum age of marriage is lower for girls (17) than for boys (20)

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee expresses concern at the disparity in the age of marriage between girls (17 years) and boys (20 years) and notes that possibility in exceptional circumstances to lower the girl's legal age of marriage to 15 years old. The Committee urges the State party to set the minimum age for marriage for girls and boys at 18 years and to penalise early and forced marriage. (Paragraphs 24 and 25)

UN Committee on the Elimination of Discrimination against Women

Last reported: 5 October 2010

The Committee expresses concern about the different age of marriage for women and men in the Individual and Family Code, and that the practice of child marriage of girls much younger than the age specified by the Code still prevails in rural areas. The Committee urges the State party to accelerate the legislative reform of the Individual and Family Code so as to standardise the minimum legal age of marriage at 18 years for both women and men to ensure equality in family laws. The Committee further urges the State party to take all legal and other necessary measures to combat child marriages. (Paragraphs 49 and 50)

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Domestic violence

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee expresses serious concern at the high prevalence of abuse and neglect of children in the family environment and at the insufficient measures taken to combat this problem. While noting the opening in 2002 in Ouagadougou of a Centre for children victims of abuse, the Committee is particularly concerned about the absence of a specific legislation on domestic violence, the lack of appropriate complaint procedure for children, and the still very limited number of children who have access to psychological care, recovery and reintegration services. The Committee is also concerned about the impunity enjoyed by those responsible for abusing children as illustrated by the cases reported to the Committee by the State party which have not led to any prosecution.

The Committee urges the State party to:

(a) Assess the scope, nature and causes of child abuse and neglect with a view to adopting a comprehensive strategy;

(b) Adopt inclusive and rights-based legal framework that addresses child abuse and neglect and domestic violence;

(c) Ensure that there is effective system accessible to children for receiving, monitoring and investigating reports of abuse and neglect, in manner which is child-sensitive;

(d) Promptly investigate cases of abuse and neglect and apply sanctions against perpetrators;

(e) Develop awareness-raising campaigns, with involvement of children, in order to prevent and combat child abuse and neglect;

(f) Ensure psychological and legal support for children victims of abuse or neglect. (Paragraphs 50 and 51)

UN Committee on the Elimination of Discrimination against Women
Last reported: 5 October 2010

The Committee urges the State party to enact legislation on violence against women, including domestic violence, and to give high priority to putting in place comprehensive measures to address all forms of violence against women and girls. (Paragraph 22)

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The high prevalence of female genital mutilation

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee commends the commitment at the highest State levels in the fight against female genital mutilation (FGM) and the complementary initiatives undertaken including the setting up of a national hotline. The Committee remains however concerned at the still high prevalence of FGM, the rise in infant FGM, especially in the North of the country, and the low sanctions pronounced against those who subject children to genital mutilation. The Committee is also seriously concerned that in spite of the high rate of early and forced marriage in the State party, limited measures have been taken to prevent, prohibit and punish these practices.

The Committee calls upon the State party to:

(a) Pursue its efforts to eradicate FGM throughout its territory notably by better coordinating anti-FGM related activities, ensuring that offenders are prosecuted and adequately punished and continuing awareness-raising efforts to change cultural perceptions connected with female genital mutilation;

(b) Reinforce cooperation with neighbouring countries in the region to combat FGM;(paragraphs 58 and 59)

UN Committee on the Elimination of Discrimination against Women
Last reported: 5 October 2010

The Committee is deeply concerned that the practice [of FGM] continues to be widespread and is being performed at a younger age, and with a higher degree of secrecy. It reiterates that the need for the State party to undertake awareness-raising and educational campaigns, including outreach programmes for rural populations, and to continue its robust public advocacy strategy. It also called upon the State party to bring offenders, including parents, to justice. (Paragraphs 25 and 26)

Universal Periodic Review (December 2008)

11. Share best practices with other countries regarding female genital mutilation (Netherlands), pursue efforts to continue to make exemplary progress with regard to the effective abolition of sexual mutilation (Luxembourg) and continue efforts to fully eradicate it (Netherlands, Albania, Brazil, Australia); (accepted)

12. Continue its initiative to combat and put an end to the practise of excision (Algeria); (accepted)

African Committee of Experts on the Rights and Welfare of the Child
Report date: 11 August 2010
[Unofficial translation of the French version]

The Committee recommends that the State party:

• strengthen strategies against circumcision, female genital mutilation and harmful traditional practices (forced and early marriages...)

• raises awareness of the relevant departments on the urgency of implementing the legal instruments that prohibit the said practices such as the provisions of the Penal Code on circumcision. (Recommendations under article 21).

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Sexual Violence

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee while welcoming the ratification by the State party of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography and the adoption of a National Action Plan against Trafficking in human being which covers sexual violence against children, expresses concern that child prostitution is on the rise in all provinces of the State party and that children are increasingly trafficked from rural to urban areas and from neighbouring countries for sexual exploitation. The Committee also expresses deep concern at the extremely low sanctions pronounced against persons committing paedophilia.

The Committee recommends that the State party:

(a) Intensify its efforts to tackle child prostitution and child trafficking for sexual exploitation;

(b) Take appropriate measures to ensure that those who perpetrate sexual offences against children are effectively punished with sanctions proportionate with their crime;

(c) Ensure that child victims of sexual exploitation or abuse have access to free, child- sensitive complaints mechanisms and provide support to children denouncing sexual abuse;

(d) Continue to implement appropriate policies and programmes for prevention, recovery and social reintegration of child victims, in accordance with the outcomes of the 1st, 2nd and 3rd World Congresses against Commercial Sexual Exploitation of Children of 1996, 2001 and 2008 as well as the outcome of other international conferences on this issue. (paragraphs 72 and 73)

African Committee of Experts on the Rights and Welfare of the Child
Report date: 11 August 2010
[Unofficial translation of the French version]

Despite the adoption of the Law on the child, protecting children against physical violence and other forms of violence and the Government's ban of corporal punishment in schools;

In terms of sexual violence, the report reveals that of 127 cases of sexual abuse and sexual exploitation counted in four regions of Burkina, 101 are victims of sexual abuse including:

⁃ 8.91% are under 10;

⁃ 36.63% are between 10-13;

48, 51% are between 14-18.

The other 26 are being exploited for commercial purposes. The Committee notes that:

⁃ 11.53% are under 10;

⁃ 26.92% are between 10-13;

⁃ 38.46% are between 14-17;

⁃ 23.07% are between 18-25.

And in 2002: 168 including 150 victims of abuse and exploitation of 18 girls were identified.

The Committee recommends the State party to adopt, in addition to punitive measures, mechanisms of support for victims of violence such as sexual exploitation. The action plan against sexual violence should be a tool among others to raise public awareness.

The Committee notes that there is still some resistance in regards to the abandonment of corporal punishment and recommends that the State party strengthen the measures taken to eradicate this phenomenon especially in schools. (Observations and Recommendations Under Article 16)

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The Persistence of corporal punishment in schools in spite of a ban on this practice

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee, while welcoming the circular sent by the Education Ministry to the schools stressing the adverse consequences of corporal punishment as well as the creation of a National Council against Violence in Education areas, notes with great concern that children are commonly beaten, whipped, insulted and humiliated by their teachers. The Committee also notes with concern that in spite of existing laws, corporal punishment continue to be widely practiced in alternate care settings, in situations of employment and in the homes where they remain lawful.

The Committee urges the State party to take all the necessary measures to eradicate corporal punishment, and in particular:

(a) Explicitly prohibit corporal punishment by law in the family and all childrearing and ensure that those laws are and effectively implemented and that legal proceedings are systematically initiated against those responsible of mistreating children;

(b) Conduct a comprehensive study to assess the causes, nature and extent of corporal punishment;

(c) Introduce public education, awareness-raising and social mobilisation campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promote positive, non-violent, participatory forms of child-rearing and education;

(d) Ensure that an educational programmes be undertaken against corporal punishment, insisting both on the child rights and psychological aspects; and

(e) Take into General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and recommends. (Paragraphs 40 and 41)

African Committee of Experts on the Rights and Welfare of the Child
Report date: 11 August 2010
[Unofficial translation of the French version]

The Committee notes that there is still some resistance in regards to the abandonment of corporal punishment and recommends that the State party strengthen the measures taken to eradicate this phenomenon especially in schools. (Observations and Recommendations Under Article 16)

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Lack of support for children separated from parents living in Côte d'Ivoire

UN Committee on the Rights of the Child

The Committee expresses serious concern at the insufficient measures taken to support the thousands of children and their families repatriated from Côte d'Ivoire between 1999 and 2004. The Committee is concerned that repatriated children who have suffered several forms of psychological trauma have not been provided with psycho-social assistance. The Committee is also concerned that repatriated children suffer extreme poverty and malnutrition owing mainly to their families' limited access to land in the State party. The Committee is further concerned that family disintegration have led a high proportion of repatriated children to live in foster families where they are subjected to various forms of violence and neglect.

The Committee urges the State party to take concrete actions to support the integration of repatriated families and children and in particular to:

(a) Provide social services with the necessary human and financial resources for them to effectively support the psycho-social integration of repatriated children;

(b) Ensure access to land of repatriated families for them to live full and decent life;

(c) Take the necessary measures to combat stigmatisation of repatriated children and promote their integration in their communities; and

(d) Seek assistance from UNHCR, UNICEF and WHO in this regard. (Paragraphs 66 and 67)

UN Special Rapporteur on the Human Rights of Migrants
Country visit: 2-9 February 2005
Report published: 5 January 2006

Children account for about a third of the people repatriated from Côte d'Ivoire. Children are often denied their most fundamental rights. In 1996 an estimated three million migrants from Burkina Faso resided in Cote d'Ivoire. In 2003, 350,000 Burkina Faso nationals returned home. Many repatriated children suffer the effects of family disintegration when one or both of their parents returns to Cote d'Ivoire, and sometimes have no relatives to look after them. Re-admission in schools can be problematic for children who do not have personal documents because admission requires a birth certificate. (Paragraphs 72 and 73)

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High rate of malnutrition, especially among children repatriated from Côte d'Ivoire

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee is ... concerned that repatriated children suffer extreme poverty and malnutrition owing mainly to their families' limited access to land in the State party.

The Committee urges the State party to take concrete actions to support the integration of repatriated families and children and in particular to:

(a) Provide social services with the necessary human and financial resources for them to effectively support the psycho-social integration of repatriated children;

(b) Ensure access to land of repatriated families for them to live full and decent life;

(c) Take the necessary measures to combat stigmatisation of repatriated children and promote their integration in their communities; and

(d) Seek assistance from UNHCR, UNICEF and WHO in this regard. (Paragraphs 66 and 67)

UN Special Rapporteur on the Human Rights of Migrants
Country visit: 2-9 February 2005
Report published: January 2006

In the course of her meetings with civil society, the Special Rapporteur gathered many testimonies of the precarious situation of returnees. Women and children, for instance, are those most affected by malnutrition. "The children go to school without food", the representatives of civil society in Ouahigouya told the Special Rapporteur. Many returnees have arrived back in Burkina Faso in a very poor state of health, the most vulnerable groups being women and children (with several cases of measles and meningitis). (Paragraphs 61, 63 and 65)

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The high number of children living in poverty

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee welcomes the adoption of a National Plan of Action for the Protection and Promotion of the Family in 2008 and the current formulation of a Strategy for Accelerated Development. However, the Committee notes with concern that a large proportion of the State party's families and children continue to live in extreme poverty, especially in rural areas. The Committee is also concerned at the absence of a social security system in the State party and the still limited coverage of the existing social assistance programmes.

In accordance with art 27 CRC, the Committee urges the State party to increase its efforts to raise the standard of living among rural and urban population living in poverty. The Committee recommends that the promotion and protection of all children's rights be fully integrated into the Strategy for Accelerated Development and that priority be given to the establishment a social security system and the provision of increased material assistance and support to economically disadvantaged children and their families. The Committee further urges the State party to provide precise information on the implementation of its Strategy for Accelerated Development in its next periodic report. (paragraphs 62 and 63)

UN Special Rapporteur on the Human Rights of Migrants
Country visit: 2-9 February 2005
Report published: 5 January 2006

The Koranic teachers are known as "marabouts" and the children "talibes", students of God, or pejoratively "garibouts". Most of the time the parents entrust their children to Koranic teachers as a result of conditions of extreme poverty, in the belief that this might give them the opportunity to receive some education. The talibes have to gather a minimum amount of money, which they must hand over to the marabout or be punished. They beg or do odd jobs in small trade, catering or agriculture. They are easy to recognise because they wear white hats and carry five-kilo tomato tins, which they use as begging bowls throughout the day. The talibes themselves describe their living conditions as miserable: they are not sufficiently fed; the marabouts ill-treat them and they have to spend their whole day begging. (Paragraph 79)

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Only one third of children are registered at birth

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee, while noting the State party's significant efforts to increase birth registration in particular the activities conducted in 2009, declared as Universal and Free Birth Registration Year, remains concerned that one third of children remain unregistered at birth, owing mainly to the geographical distance of the registration services, the insufficient resources allocated to them and the cost of birth registration. The Committee is also concerned that children born outside of the State party may not have birth certificates or other substitute certificates which may prevent their access to social services

The Committee urges the State party to strengthen its efforts to establish a national system of free birth registration which should be sustainable and available including in the most remote areas of the State party by the provision of decentralised registration offices with the necessary human, material and financial resources. The Committee also recommends the State party to strengthen its awareness-raising activities about birth registration. The Committee further urges the State party to ensure that refugee children are provided with a birth certificate and that unregistered children are not deprived access to social services. (Paragraphs 34 and 35)

African Committee of Experts on the Rights and Welfare of the Child
Report date: 11 August 2010
[Unofficial translation of the French version]

The Committee commends the Government of Burkina Faso for their efforts in this area, however the committee notes that only one in three children is registered at birth and about 5 million children are not registered at birth (Ministry of Social Action and National Solidarity, Analysis of the Social Action department, June 2005).

The Committee recommends to the State party to conduct a study to understand the reasons for the low birth registration rate despite the presence, in villages, of maternity hospitals and health facilities and of offices of civil status to facilitate birth registration.

The Committee encourages the Government of Burkina Faso to make birth registration free for children from 0 to 6 years old; create mobile birth registration courts and monitor and evaluate activities of birth registration in the provinces to significantly reduce the number of unregistered children. (Recommendations Under Article 6).

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Discrimination against children with disabilities

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee reiterates the concern previously expressed at the persistence of de facto discrimination against children belonging to the most vulnerable groups, such as children with disabilities and children living in rural areas, among whom girls are often disproportionately affected.

The Committee recommends that the State party increase its efforts to review, monitor and ensure implementation of legislation guaranteeing the principle of non- discrimination and full compliance with article 2 of the Convention, and adopt a proactive and comprehensive strategy to eliminate discrimination on gender, ethnic, religious or any other grounds and against all vulnerable groups of children throughout the country. (paragraphs 26 and 27)

African Committee of Experts on the Rights and Welfare of the Child
Report date: 11 August 2010
[Unofficial translation of the French version]

The Committee welcomes the legal and procedural steps taken for the protection of children with disabilities (p. 75, 76).

The Committee notes that despite efforts, 99% of them are still illiterate. The Committee also notes a lack of learning centers, the inadequacy of public buildings, a failure in the application of laws concerning the benefits provided to persons with disabilities (reduced costs of care and public transport), the lack of school facilities that poses a problem of access to rooms, the persistence of cultural constraints and discrimination within families for enrollment in schools.

The Committee recommends the Government of Burkina Faso to undertake additional actions related to literacy and educational support of children with disabilities and the development of special programs promoting education, capacity building and the social and professional integration of children with disabilities.

The Committee encourages the State party to develop initiatives to combat the marginalisation and stigmatisation of children with disabilities.

The Committee recommends the State Party to provide the services of community rehabilitation with adequate and sufficient budgets for effective care of children with disabilities and to integrate this category in the definition and the development of policies.

The Committee further recommends the adoption of the law on the promotion and protection of children with disabilities. (Observation under Article 13).

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High rate of illiteracy

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee is ... concerned that:

(a) The illiteracy rate remains at a very high level (Paragraph 64)

African Committee of Experts on the Rights and Welfare of the Child
Report date: 11 August 2010
[Unofficial translation of the French version]

The Committee welcomes the legal and procedural steps taken for the protection of children with disabilities (p. 75, 76).

The Committee notes that despite efforts, 99% of them are still illiterate. The Committee also notes a lack of learning centers, the inadequacy of public buildings, a failure in the application of laws concerning the benefits provided to persons with disabilities (reduced costs of care and public transport), the lack of school facilities that poses a problem of access to rooms, the persistence of cultural constraints and discrimination within families for enrollment in schools.

The Committee recommends the Government of Burkina Faso to undertake additional actions related to literacy and educational support of children with disabilities and the development of special programs promoting education, capacity building and the social and professional integration of children with disabilities.

The Committee encourages the State party to develop initiatives to combat the marginalisation and stigmatisation of children with disabilities.

The Committee recommends the State Party to provide the services of community rehabilitation with adequate and sufficient budgets for effective care of children with disabilities and to integrate this category in the definition and the development of policies.

The Committee further recommends the adoption of the law on the promotion and protection of children with disabilities. (Observation under Article 13).

African Commission on Human and Peoples' Rights
Last examined: 21 May- 4 June 2004
Presented by: the Minister for Human Rights of Burkina Faso

The high illiteracy rate (70 per cent) and inadequate measures taken to increase the percentage of children in full-time education, particularly of girls. (Paragraph 12)

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Many children still lack access to quality education

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee commends the adoption of a Ten Year Development Plan for Basic Education (PDDEB), the development since 2009 of a national vocational training and guidance policy as well as the continuous increase in the budget allocations to the education sector which have led to improvements in relation to school infrastructure, teacher's recruitment, primary school enrolment and pre-school education as well as the abolition of school fees. The Committee is however concerned that:

(a) Primary enrolment is still far too low;

(b) Only 2,8% of the GDP is devoted to the education sector and families are still responsible to pay for school supplies which limits children's effective access to education;

(c) Children are exposed to grave forms of physical and psychological violence in schools, particularly girls who are at risk of being sexually abused by teachers;

(d) School enrolment at secondary level remains at an extremely low level ;

(e) Significant disparities persist in accessing education between provinces, urban and rural areas and between girls and boys;

(f) The teacher-student ratio has not decreased to an acceptable level;

(g) The illiteracy rate remains at a very high level;

(h) Vocational education and training is available for a minority of children only; and that

(i) The attendance of early childhood programmes and facilities is extremely low. (Paragraph 64)

African Committee of Experts on the Rights and Welfare of the Child
Report date: 11 August 2010
[Unofficial translation of the French version]

The Committee recommends the State Party to increase the government's budget on children in the field of education to significantly increase enrolment and reduce dropouts.

It also recommends that free education be extended to secondary education to provide an opportunity for all children to continue their studies in the secondary level.

The Committee encourages the State party to continue recruiting and training teachers, to implement the proposed School of thousand professions mentioned in the report to give children from 12-16 years old who have dropped out professional education and to promote the private sector to strengthen the education system. (Recommendations under article 11)

African Commission on Human and Peoples' Rights
Last examined: 21 May- 4 June 2004
Presented by: the Minister for Human Rights of Burkina Faso

Nomadic groups and some minority/indigenous populations living in Burkina Faso in need of special facilities for their education do not receive appropriate assistance. (Paragraph 17)

The percentage of children in full-time education is still very low in Burkina Faso, especially with regard to women. (Paragraph 26)

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Maternal and infant mortality rates though decreasing remain high

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee notes with satisfaction the efforts undertaken by the State party, among them the adoption of the National Health Development Plan (2001-2010) as well as the increased resources devoted to develop the healthcare sector which led, inter alia, to the reduction of maternal and infant mortality, the improvement of the nutritional situation of children under the age of 5, and to a better immunization of children. The Committee remains however concerned that:

a) Maternal and infant mortality rates though decreasing remain high;
b) The major causes of child mortality are preventable and treatable diseases such as malaria, respiratory illnesses, diarrhea and vaccine-preventable diseases;
c) High levels of malnutrition remain widespread throughout the country, especially in the northern regions;
d) Health services are inadequate in terms of coverage and quality and underutilized by the poor and vulnerable groups;
e) Only 19% of children under six months of age are exclusively breastfed.

The Committee recommends that the State party continue to prioritize the allocation of
financial and human resources to the health sector, in order to ensure equal access to
quality health services by all children including children living in the most remote areas
of the country. Furthermore, the Committee recommends that the State party strengthen
its efforts to improve the health situation of children, including through:

a) Continuing to ensure the provision of necessary medical assistance and health-care access to all children with emphasis on the development of primary health care;
b) Strengthening its efforts to further reduce infant and child mortality, especially by focusing on preventive measures and treatment, including vaccination uptakes; improved nutrition and sanitary conditions, greater access to clean drinking water, and the management of communicable diseases and malaria;
c) Increasing its efforts to further reduce maternal mortality throughout the country, including generalization of specific actions to prevent post-partum bleeding and other major causes of maternal death;
d) Pursuing immunization efforts, including through improved outreach activities and immunization of "drop-out" children, and efficient implementation of the full package of integrated interventions in all health districts;
e) Ensuring that all segments of the society are informed, have access to education on and support on the use of basic knowledge of child health and nutrition, including the advantages of exclusive breastfeeding for children up to 6 months;
f) Seek technical cooperation from UNICEF and WHO. (Paragraphs 54 and 55)

African Committee of Experts on the Rights and Welfare of the Child
Report date: 11 August 2010
[Unofficial translation of the French version]

The Committee notes that the right to health is a priority for the Government of Burkina Faso and results in the adoption and implementation of appropriate strategies cited in the report.

However, the committee notes that even though the rate of maternal and infant mortality is declining, it remains high. Indeed, a high number of children die before their first birthday. The infant mortality rate is 83 ‰ (Ministry of Health, Statistical Yearbook 2004). The Committee also notes that malaria, diarrheal diseases and malnutrition are the causes of morbidity and mortality of children under five (5) years and the number of orphans and other vulnerable children is estimated at 2.1 million according a 2003 study by MASSN with UNDP, the number of orphans due to AIDS was 350,000 in 2002 including 2,000 infected, according to UN AIDS. (Observations under article 14).

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Juvenile justice: Children deprived of their liberty are detained in the same facilities as adults; are placed in police custody for lengthy time; are rarely provided with legal assistance and can't benefit from legal assistance at the early stages of proceedings

UN Committee on the Rights of the Child (Concluding Observations, January 2010)

The Committee welcomes the Act N° 28-2004/AN of 8 September 2004 on judiciary organisation, the appointment of two magistrates for children, the creation of two juvenile justice courts respectively in the tribunals and Courts of Appeal of Bobo-Dioulasso and the establishment of Child Protection Brigades. The Committee is however concerned that the magistrates for children have not been adequately trained and that in the absence of procedures governing the functioning of the juvenile justice system, the juvenile justice courts do not function.

The Committee recommends that the State party continue its efforts to improve the juvenile justice system in conformity with articles 37 (b), 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). While taking into account the Committee's General Comment No. 10 on the administration of juvenile justice . (Paragraphs 76 and 77)

African Commission on Human and People's Rights

Last examined: 21 May-4 June 2004

Presented by: the Minister for Human Rights of Burkina Faso

The rights of women and the child are not adequately protected, and there are no adequate provisions for legal assistance, particularly with regard to vulnerable or destitute persons and groups. The Commission recommended that the State Party ensure that measures are taken to specifically protect the rights of the child, in particular by increasing efforts to combat child trafficking. It further urged Burkina Faso to take measures to implement and monitor violations of women and children's rights in Burkina Faso. (Paragraphs 14, 29, 30).

Countries

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