COMMITTEE ON RIGHTS OF CHILD REVIEWS HOW BURKINA FASO GIVES EFFECT TO PROVISIONS OF CONVENTION

CRC
31st session
30 September 2002



The Committee on the Rights of the Child today reviewed the second periodic report of Burkina Faso on how that country is giving effect to the provisions of the Convention on the Rights of the Child.
Introducing her country's report, Mariam Lamizana, Minister of Social Action and of National Solidarity, said that Burkina Faso had achieved results in its efforts to implement the provisions of the Convention; however, the lack of national and international financial resources had put constraints on its progress. She said the persistence of poverty, socio-cultural resistance and the lack of education and information had also contributed to the problems affecting the implementation of the Convention.
Committee Expert Luigi Citarella, in preliminary concluding remarks, said that Burkina Faso had made a serious commitment to the implementation of the Convention. However, there was still a problem because of poverty, not only affecting the family but also affecting the Government by hampering its ability to spend adequate resources on the implementation of the Convention. The State party should make further efforts in that field and should be able to obtain assistance, financial and technical, from the United Nations system and other sources.
The delegation of Burkina Faso was also made up of Delphine Barry, General-Secretary at the Ministry of Social Action and National Solidarity; Goamwanga Kabore, Head of Service, Follow-up and Evaluation of the National Plan of Action for Children; Myriam Konsirbo, Director at the Ministry of Promotion of Human Rights; Ida Louise Kentega, Head of Service, Ministry of Health; and Ousmane Siripe, Pedagogical Advisor, Ministry of Basic Education and Literacy.
The Committee will release its formal, written concluding observations and recommendations on the second periodic report of Burkina Faso at the end of its three-week session on 4 October.
Burkina Faso is among the 191 States parties to the Convention and as such it must submit periodic reports to the Committee summing up the efforts it has made to implement the provisions of the treaty. The Committee is the only United Nations treaty body that monitors the States parties compliance with the Convention.
The Committee is scheduled to examine the second periodic report of Poland (CRC/C/70/Add.12) when it reconvenes at 10 a.m. on Tuesday, 1 October.

Report of Burkina Faso
The second periodic report of Burkina Faso (document CRC/C/65/Add.18) enumerates the measures taken by the State authorities to implement the provisions of the Convention on the Rights of the Child on an article-by-article basis. It says that the country is among the poorest countries in the world; 44.5 per cent of the population lives below the poverty line and 27.8 per cent lives under extreme poverty. Crop farmers and polygamous households, especially women and children, are particularly affected by poverty.
The report notes that children have made gains since 1994 in the exercise of their rights as a result of measures taken for this purpose. In many cases, the effective enjoyment of their rights comes up against constraints linked to socio-cultural resistance, poverty, illiteracy and the perverse effects of economic and monetary adjustment.
With regard to punishment under the Penal Code for forced marriage and female genital mutilation, the report says that despite the efforts made, forced marriages will continue to escape punishment because of the widespread conspiracy of silence, especially in rural areas, which makes it impossible to report. Female genital mutilation is beginning to be punished effectively. For instance, seven practitioners are currently being held in the Ouagadougou short-stay prison and another was sentenced to three month's imprisonment. It is estimated that over 60 per cent of women are circumcised and there have unfortunately been no signs of significant changes in behaviour as a result of the campaign against this harmful traditional practice. Conventional campaigns to bring home the damaging effects of forced marriages and female genital mutilation have a limited reach given that 78 per cent of the population is illiterate.

Presentation of Report
MARIAM LAMIZANA, Minister of Social Action and of National Solidarity of Burkina Faso, said that since her country had ratified the Convention on the Rights of the Child, measures had been taken and specific actions had been carried out to implement its provisions. The establishment in 1996 of the permanent secretariat of the national committee charged with monitoring the follow-up and evaluation of the implementation of the national plan of action for children had been one of the achievements. The creation of the committee had effectively allowed for the implementation of the plan and for its revision for the next plan of action.
Ms. Lamizana said that for the coming decade of 2001-2010, a strategy for the promotion of the rights of the child had already been put in place and a plan of action for 2001-2005 had been elaborated. In addition, the creation of a national council for the promotion of the rights of the child was envisaged by the Head of the State with the view to involving the political authorities in the implementation of child rights. Provincial authorities would also be involved in the implementation of the national plan of action for children.
In order to implement the principle of participation of children, a children's parliament had been set up in 1997, Ms. Lamizana said. In addition, the establishment of a children's fund to finance the projects and programmes in the national plan of action for children was welcomed by the Government, which would continue to provide an annual contribution to the fund. The Government had ratified in 1997 International Labour Organization (ILO) Convention No. 138 on the minimum age of admission to employment, and in 2001 ILO Convention No. 182 on the elimination of the worst forms of child labour.
Burkina Faso was beneficiary of resources allocated for heavily indebted countries, the Minister said. The resources were invested, as a priority, on social sectors.
With regard to the fight against HIV/AIDS and other sexually transmitted diseases, the Minister said that a national council on the fight against AIDS had stepped up its efforts in response to the disease. The fight had been decentralized and the whole population had been mobilized, including youth, around the fight against AIDS. Each ministry had created a section dealing with the disease. In 2001, an international forum of youth against AIDS and a national group had travelled throughout the country to raise the awareness of the population on the subject.
Concerning education, Ms. Lamizana said that the efforts made in that area had enabled the rate of enrollment in primary education to increase from 33 per cent in 1991 to 41 per cent in 2000. However, there was still a big disparity in enrollment between girls and boys, which was 33.6 per cent for girls against 47.1 per cent for boys. Education for girls was on the rise: from 26.1 per cent in 1992 to 32.2 per cent in 1997.
Ms. Lamizana said that her country had achieved results in its efforts to implement the provisions of the Convention; however, the lack of national and international financial resources had put constraints on its progress. The persistence of poverty and socio-cultural resistance and the lack of education and information had also contributed to the problems affecting the implementation of the Convention. Further, the absence of desegregated data on the situation of children had hampered the establishment of indicators which might have allowed the implementation of specific measures. She hoped that despite the difficulties underlined, her country would continue to be supported by the United Nations Children's Fund (UNICEF).

Experts' Questions on General Measures, Definition of the Child, and General Principles
The Committee Experts started questioning the members of the delegation on the first cluster of the main subjects concerning general measures of implementation; definition of the child; and general principles.
An Expert said that the report was prepared in accordance with the guidelines of the Committee. Although the country still remained as one of the poorest countries in the world, the report had indicated some progress in the implementation of the provisions of the Convention. The country had put in place programmes to reduce the rate of poverty; however, private and public investments towards poverty reduction efforts had been insufficient.
The Expert continued to say that Burkina Faso was faced with a high infant mortality rate; and that life expectancy was low at 48 to 50 years. The population spoke different languages which might complicate the understanding of the rights under the Convention. Were the provisions of the Convention translated into the major languages of the country? With regard to trafficking in human beings, there was a continued danger that persons were being trafficked from neighbouring States to Burkina Faso; were there major steps taken to tackle this problem?
Another Expert asked if traditional means were used to disseminate the provisions of the Convention. How did the State prepare the report? Did people know about the preparation of the report? Was it distributed to the general public?
An Expert said that the country had a problem with data collection. Was the Government making efforts to enhance the process of data collection? There were a number of non-governmental organizations operating in the country dealing with child rights; did they function under one umbrella which might help them to strengthen and coordinate their work?
The Government of Burkina Faso had been organizing a number of conferences with the "First Lady" playing an important role, another Expert said, asking if the Government benefited from such activities in its efforts to implement the rights of the child. With regard to the definition of the child, the report contained the application of different ages for different purposes; were there efforts being made to unify the various ages? There was no age limit for sexual consent, it was noted.
An Expert said that the Government had showed a strong will in implementing the provisions of the Convention, but the economic situation and the budget cuts in certain areas did not allow the full enjoyment of rights enshrined in the Convention. When the Government was negotiating with the World Bank on poverty eradication and growth, the Government had pledged to invest more on health and education. How was the situation now?
Another Expert asked if cases of infanticide were common, and if culprits had been prosecuted. The practice of abortion was illegal according to the relevant national legislation. What was the estimated figure for illegal abortions?

Response by Delegation of Burkina Faso
In response to the questions raised by Committee Experts, the members of the delegation said that the national committee on the follow-up to the national plan of action for children was made up of representatives of all segments of the population, particularly civil society. It met regularly under the chairmanship of the Minister of Social Action and of National Solidarity to review the implementation of the action plan.
The shortcomings encountered in the implementation of the first national action plan were to be remedied during the second action plan, the delegation said. The attention of each actor in the implementation of child rights was drawn following the revisions of the plan. The idea of the creation of a national council on the rights of the child, which would be attached to the office of the presidency, emanated from the process of monitoring and revision of the plan of action. The council would be instrumental in involving Government authorities in taking an active part in the implementation of the Convention.
The provisions of the Convention were translated into four national languages and it was widely disseminated by the media, the delegation said. Because of the high rate of illiteracy, orally transmitted methods were used to reach the population. The use of face-to-face explanation and discussion were also often used in that regard.
Asked about the impact of customary law, the delegation said that its practice was not official and it had no legal standing. However, it played an important role in the society because of its daily practice. In the event a case was brought before courts, involving child rights, the judges should apply the principles of the modern law and not the customary law.
A question was raised about verdicts emanating from traditional chiefs, to which the delegation said that because the modern way of justice was not yet anchored in people's minds, they preferred to bring their cases to the customary chiefs. However, the decisions by those "institutions" had no legal consequences.
The Commission on Human Rights was created in 2001 and it was too early to look at its achievements, the delegation said. Its function was to serve as an advisory body in the field of human rights and to present policy proposals to Government authorities and to draw attention on human rights situations in the country. It had the competence to receive individual complaints on the violation of human rights in general and child rights in particular. However, the Commission was not effectively operational because of lack of finances. It had not so far submitted any reports to the Government on its activities.
Concerning the rights of women and the practice of polygamy, the delegation said that there were special procedures entered in the process of marriage. A clear opinion had to be given by the woman who wished to enter into marriage with a man who was already married. The status of a polygamous marriage was recognized as long as the woman gave her agreement before a magistrate. However, a polygamous marriage implicating deceit could be declared null and void by the authorities when such a practice was brought to their attention. The family code clearly stated that children had equal rights whether they were born of polygamous or monogamous marriages.

Experts' Questions on Civil Rights, Family Environment, and Basic Health
The Committee Experts continued to raise questions under the second cluster of main issues concerning civil rights and freedoms; family environment and alternative care; and basic health and welfare.
An Expert asked about discrimination against children born out of wedlock; disparities between girls and boys, and discrepancies between urban and rural areas. The infant and maternal mortality rate was high as indicated in the report. The rate of malnutrition was also high and it remained a problem.
Other Experts also asked questions on such issues as the rights of disabled children; if there were social taboos against disabled children; the conditions of abandoned children with disabilities; the efforts made to reverse the progress of HIV/AIDS; the situation of adoption, particularly inter-country adoption; the measures taken to strengthen child maintenance; how victims of police brutality were helped; the system of family allowances and economic support; the situation of child placement by courts without hearing the opinion of parents; and the method used to monitor customary adoption, among other things.

Country Response
In response to the Committee's questions, the members of the Government delegation of Burkina Faso said that orphans and abandoned children, if they were not claimed by close relatives, were kept in institutions and were available for adoption. These children were kept in "SOS enfants" institutions. If they were not adopted by the time they reached the age of 18 months, they were transferred to other institutions run by charity organizations. At present there were 1,200 requests for adoption but only 300 children were available.
With regard to disabled children, the delegation said that in addition to the care provided to them, they were given disability cards so that they could benefit from different kinds of assistance. Although the social assistance programme was difficult to fully implement, this policy had been maintained and strengthened.
The Committee on the follow-up to the national plan of action had surveyed the number of children living on the streets and had suggested means to resolve the problem, the delegation said. The parents of some 53 per cent of street children were alive; however, they continued to live on the streets.
The Government had not enacted specific legislation dealing with trafficking in humans, the delegation said. However, the Penal Code provided for penalties against people who committed crimes of trafficking. In order to strengthen the monitoring process of inter-country trafficking, Burkina Faso and Cote d'Ivoire had signed an agreement on the subject.
Burkina Faso had prohibited the practice of early and forced marriages in the country, the delegation said. People were also encouraged to report any such acts to the authorities. Any breach of article 373 of the Penal Code could entail a 6-month to 2-year long imprisonment. The penalty could be aggravated if the victim in the forced marriage was a minor.
The minimum age for employment was fixed at 14 while education was made compulsory until 16 years of age, the delegation said.
There was a practice in the country's court system to accept the opinion of a child in the event that his or her parents filed for divorce, and to consider it in making the decision on parental custody of the child, the delegation said. With regard to requests for alimony by a mother, courts could decide that the potential father pay for the maintenance of the child. Sometimes, the enforcement of the payment of alimony was difficult if the father had no resources or his whereabouts were not known.
The country had problems in legal redress due to the shortage of judges, the delegation said. For the population of 11 million inhabitants, the whole country had 189 judges. The number would be increased by 50 this year, thanks to French cooperation in the administration of justice.
The delegation said that the infant mortality rate was high and it was a concern to the Government. A series of measures had been taken to reduce the high incidence of death due to malnutrition and preventable diseases. The maternal mortality rate was also high in some regions of the country. With regard to malnutrition, the lack of essential proteins and the insufficiency of intake of vitamins was at the root of children's malnutrition.
HIV/AIDS and other sexually transmitted diseases were increasing, the delegation said. Although exact figures on the victims had not been established, the number of people becoming infected had been on the rise. The Government and non-governmental organizations were advocating for preventive measures, including abstinence in relations. The Government was stressing abstinence because of the positions taken by some quarters on the use of condoms and other similar preservatives. The cost of medication for victims of HIV/AIDS was expensive for individuals.
Asked about the situation of abortion, the delegation said that despite its prohibition, the clandestine practice of abortion continued to take place in the country. Since the price for this practice was too high to be affordable for most women, they used any form of abortion at the risk of their lives. For that reason, the Government had carried out awareness increasing programmes and had made available pills at lower prices.

Experts' Questions on Education and Special Protection Measures
The Committee Experts raised their final round of questions under the main subjects of education; leisure and cultural activities; and special protection measures.
An Expert said that the education system of Burkina Faso drew much attention because of the slow progress made by the State party. The law on compulsory education remained a rule on paper without much real impact in reality. Many children were still out of school; the rate of enrollment in the urban areas was much higher than in the rural areas; many children dropped out from school at an early age; and the illiteracy rate was high in the country.
What mechanisms were used to prevent children from taking employment before the completion of their compulsory education, an Expert asked. What was the volume of the problem of drug abuse? What was considered to be sexual violence in the country?
An Expert asked about incidents of death in police custody; capital punishment and children; information to parents on their children's detention; the proportion of street children in rehabilitation programmes; and the length of pre-trial detention.
Another asked how the Government coordinated the various functions of the different ministries, and how it was designing the school curriculum; and the current percentage of child enrollment in schools.

Response by Burkina Faso
In response to the questions raised by Committee Experts, the members of the delegation said that the Government, being aware of the necessity to improve its educational system, had set up two bodies to deal with this issue. Other measures were also taken to reduce disparities between rural and urban areas and the education of girls and boys. Because of the economic conditions, parents did not pay school fees for their children. However, they were asked to make financial contributions to increase the school funds to buy textbooks for children.
On a question concerning the measures being taken to encourage children to go to school, the delegation said that although the Government wished to have a fifty-fifty enrolment rate of girls and boys, girls were more vulnerable and their number in the education system was less than the number of boys. In addition, the Government had created satellite school systems in which children between the age of 6 and 8 years who lived far away from ordinary school establishments were educated.
With regard to child labour, the Government had designed a plan of action -- but had not yet implemented it -- against children working in agriculture, animal husbandry and mining, the delegation said. It had also signed a series of agreements with the International Labour Office (ILO) on the issue of child labour.
There were about 80 public and 214 private pre-school institutions and nurseries, mainly in urban areas, the delegation said. With the help of UNICEF, other nursery schools were also being set up.

Preliminary Concluding Remarks
LUIGI CITARELLA, Committee Expert, said that Burkina Faso had made a serious commitment to the implementation of the Convention on the Rights of the Child. However, there was still a problem because of poverty, not only affecting the family but also affecting the Government by hampering its ability to spend adequate resources on the implementation of the Convention. The State party should make further efforts in that field and should be able to obtain assistance, financial and technical, from the United Nations system and other sources.
Mr. Citarella said that more emphasise should be made on education, especially on efforts to eradicate illiteracy. Concerning health, he said the rate of child and maternal mortality was too high which needed additional efforts from the Government. The situation of female genital mutilation was another aspect to which the attention of the authorities should be drawn. With regard to the juvenile justice system, he said it was still in its embryo stage and the Government should made additional efforts.
He said that regional cooperation in matters of trafficking in human should be strengthened; and the issue of discrimination involving women and other vulnerable segments of the population should also receive the Government's attention.

Concluding Remark by Delegation of Burkina Faso
MARIAM LAMIZANA (Burkina Faso) said that her Government would take further measures in the field of the juvenile justice system; would disseminate the report and the Convention in the mass media; would design programmes to strengthen the rights of the child; would harmonize the various definitions of the child in accordance with the definition of the Convention; and would strengthen data collection efforts.



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