Committee on the Elimination of
Discrimination against Women
Forty-seventh session
4-22 October 2010
Consideration of reports submitted by States parties under article 18 of the Convention
Concluding observations of the Committee on the Elimination of Discrimination against Women
Burkina Faso
1. The Committee considered the sixth periodic report of Burkina Faso (CEDAW/C/BFA/6) at its 945th and 946th meetings, on 5 October 2010 (CEDAW/C/SR.945 and 946). The Committee’s list of issues and questions is contained in CEDAW/C/BFA/Q/6 and the responses of Burkina Faso are contained in CEDAW/C/BFA/Q/6/Add.1.
A. Introduction
2. The Committee expresses its appreciation to the State party for its sixth periodic report, but regrets that it only covers the period from 2001 to 2006. The Committee also expresses its appreciation to the State party for the written replies to the list of issues and questions raised by its pre-session working group, its oral presentation and the further clarifications to the questions posed orally by the Committee which together provided further insights into the situation of women in the State party and the implementation of the rights contained in the Convention.
3. The Committee commends the State party on its high-level delegation led by the Minister for the Promotion of Women, which provided additional written and oral responses to questions posed by members and enabled a frank and constructive dialogue between the delegation and members of the Committee.
B. Positive aspects
4. The Committee welcomes the adoption of the National Gender Policy in July 2009, and the adoption of the National Action Plan for 2009-2013, “Zero Tolerance for Female Genital Mutilation”
5. The Committee notes with satisfaction that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international instruments:
(a) The Optional Protocol to the Convention on 10 October 2005
(b) The Convention on the Rights of Persons with Disabilities and its Optional Protocol in July 2009;
(c) The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict on 6 July 2007;
(d) The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 31 March 2006;
(e) The 2003 Protocol to the African Charter on Human Rights and Peoples’ Rights on the Rights of Women in Africa in 2006.
6. The Committee also welcomes the enactment of new laws to advance the status of women and combat discrimination, including:
(a) The adoption in 2008 of the law to combat trafficking in persons and similar practices (Act No. 09296AN/2008), which criminalizes all forms of trafficking, expands the definition to include trafficking of young girls and women, places an emphasis on the need to protect victims of trafficking and prescribes punishments for convicted offenders;
(b) The Reproductive Health Act of 2005 (Act No. 049-2005/AN), articles 17 and 18 of which penalize failure to inform a partner of HIV infection and voluntary transmission to partners;
(c) Act No. 28-2008/AN on the Labour Code protecting pregnant employeesand article 303 of Act No. 033-2004/AN of 14 September 2009 which establishes the principle of equal pay for work of equal value for women and men.
C. Principle areas of concern and recommendations
7. The Committee recalls the State party’s obligation to implement systematically and continuously all the provisions of the Convention on the Elimination of All Forms of Discrimination against Women and views the concerns and recommendations identified in the present concluding observations as requiring the State party’s priority attention between now and the submission of the next periodic report. Consequently, the Committee urges the State party to focus on these areas in its implementation activities and to report on action taken and results achieved in its next periodic report. It calls upon the State party to submit the present concluding observations to all relevant ministries, to the Parliament and to the judiciary, so as to ensure their full implementation.
Parliament
8. While reaffirming that the Government has the primary responsibility and is accountable for the full implementation of the obligations of the State party under the Convention, the Committee stresses that the Convention is binding on all branches of Government, and it invites the State party to encourage its Parliament, in line with its procedures, where appropriate, to take the necessary steps with regard to the implementation of the present concluding observations and the Government’s next reporting process under the Convention.
Legal status of the Convention, the principle of equality, definition of discrimination and discriminatory laws
9. The Committee regrets that national legislation does not prohibit direct and indirect discrimination against women in line with articles 1 and 2 of the Convention. While noting with appreciation the State party’s commitment and efforts to address challenges with regard to the human rights of women, the Committee remains concerned that customary and traditional practices and stereotypical perceptions of the role of women pose significant obstacles to implementation.
10. The Committee calls on the State party to provide in its Constitution or other appropriate legislation provisions that prohibit discrimination against women that encompasses both direct and indirect discrimination in line with articles 1 and 2 of the Convention. It urges the State party to continue and increase sensitization and education efforts with regard to discrimination against women.
Visibility of the Convention and the Optional Protocol
11. While noting with interest that certain provisions of the Convention, in particular with regard to employment, have been invoked in court cases, the Committee is concerned about the overall lack of awareness of the Convention and its Optional Protocol in the State party, in particular among the judiciary and other law enforcement officials. Furthermore, it is concerned that women themselves are not aware of their rights under the Convention or of the complaints procedure under the Optional Protocol and thus, lack the necessary information in order to claim their rights.
12. The Committee urges the State party to widely disseminate the Convention and the Optional Protocol by providing training and awareness-raising programmes to familiarize the population, in particular women, with the Convention, the Optional Protocol and the Committee’s general recommendations. It recommends that such programmes be broad-based and target also government ministries, parliamentarians, the judiciary, non-governmental organizations, and women in particular.
National machinery for the advancement of women
13. The Committee commends the adoption of the National Gender Policy and the establishment of the Permanent Secretariat of the Action Plan for the Advancement of Women in the Ministry for the Advancement of Women, as well as the establishment of gender focal points in all government departments and national institutions. Nevertheless, the Committee is concerned about the insufficient financial and human resources of the Ministry for the Advancement of Women, and that as a result, it is unable to effectively coordinate the different initiatives carried out in the State party to promote gender equality and full implementation of the Convention.
14. The Committee calls on the State party to strengthen the Ministry for the Advancement of Women and provide it with the necessary resources to address the specific needs of women and girls. In particular, it urges the State party to enhance the authority and capacity of this Ministry to effectively coordinate the work carried out to promote gender equality and the full implementation of the Convention, across all sectors and levels, and to effectively monitor and evaluate progress in this regard. It also encourages the State party to continue to provide training to technical staff in charge of budgeting at the national and local levels on how to establish gender-sensitive budgets.
Access to justice and legal complaints mechanisms, including a national human rights institution
15. The Committee notes with interest measures carried out by the State party, including the legal assistance fund created by decree on 22 July 2009 with a view to improve access to public legal aid services and to increase women’s access to justice. Nevertheless, the Committee expresses its concern that, in practice, women’s ability to access justice and to bring cases of discrimination before the courts is limited by factors such as lack of information on their rights, legal costs, the persistence of traditional justice systems, illiteracy, complexity of legal procedures and other practical difficulties in accessing courts. Furthermore, the Committee is concerned that enforcing court rulings remains a challenge. The Committee further notes that, although the State party has carried out a reform to the National Human Rights Commission, it has yet to allocate sufficient financial and human resources for its effective functioning.
16. The Committee urges the State party to take all appropriate measures to remove impediments to women’s access to justice. It urges the State party to facilitate access by women to the newly created legal aid services, to implement legal literacy programmes, and to disseminate knowledge on the available legal remedies against discrimination and their use, as well as on accessing courts. It recommends that the State party assess, monitor and measure the impact on women of efforts to improve access to justice and that it include this information in its next report. The Committee also recommends that the State party undertake, in consultation with a broad base of civil society representatives and with the support of the Office of the United Nations High Commissioner for Human Rights, the necessary steps to empower the National Human Rights Commission, in accordance with the Paris Principles, and to work with it to enhance women’s awareness of their rights to be able to claim those rights.
Temporary special measures
17. While welcoming the new Law on the Quotaas well as the promotion of girls in primary and secondary education to close the broad gap that exists between the enrolment rate of boys and girls, the Committee reiterates its concern (A/55/38, para. 273 and CEDAW/C/BFA/CO/4-5, para. 37) about the continuing underrepresentation of women in all areas of public, political and professional life and the existing challenges to the implementation of measures to address the situation. Moreover, the Committee is concerned that existing measures do not comply with the Committee's recommendation to set concrete numerical objectives, nor do they include specific timelines.
18. The Committee reiterates its recommendation to the State party that it implement temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures. The Committee requests that the State party include information on the use of such temporary special measures, in relation to the various provisions of the Convention, and the impact of such measures, in its next periodic report.
Patriarchal stereotypes and harmful practices
19. The Committee reiterates its concern about the strong persistence of patriarchal attitudes and deep-rooted stereotypes concerning women’s roles and responsibilities that discriminate against women and perpetuate their subordination within the family and society, and in particular in rural areas (CEDAW/C/BFA/CO/4-5, para. 27). It is concerned that these norms and practices persist in contravention of the provisions of the Convention and national legislation and continue to pose serious obstacles to women’s enjoyment of their human rights and the fulfilment of the rights enshrined in the Convention.
20. The Committee reiterates its previous recommendation to the State party and urges it to establish without delay a comprehensive strategy, including clear goals and timetables, to modify or eliminate negative practices and patriarchal stereotypes that are harmful to and discriminate against women, and to promote women’s full enjoyment of their human rights, in conformity with articles 2 (f) and 5 (a) of the Convention.
Violence against women
21. The Committee reiterates its concern that the State party has not yet adopted any specific legislation to eliminate violence against women, including domestic violence, which appears to be tolerated in society (CEDAW/C/BFA/CO/4-5 para. 23). The Committee regrets the lack of information and statistics on the number of incidents of the various forms of violence against women. It also expresses its concern about the lack of legal aid, shelters and counselling services for victims.
22. The Committee reiterates its previous recommendation in full and, in accordance with its general recommendation No. 19 (1992) on violence against women, urges the State party to enact legislation on violence against women, including domestic violence, so as to ensure that violence against women is prohibited and sanctioned, that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. In this regard, it urges the State party to give high priority to putting in place comprehensive measures to address all forms of violence against women and girls. The Committee encourages the State party to ensure that legal aid is provided to assist victims. It also recommends that the State party carry out educational and awareness-raising trainings for the judiciary and public officials, in particular law enforcement personnel, health service providers and social workers, community leaders and the general public so as to raise awareness and sensitization that all forms of violence against women are unacceptable and to provide adequate support to victims of all forms of violence against women. Further, it also reiterates its recommendation that the State party establish shelters and counselling services for victims of violence.
23. The Committee reiterates its serious concern about the continuing prevalence of discriminatory harmful practices, including female genital mutilation, forced and early marriage, levirate and sororate marriage, dowry, as well as practices that prevent women from owning land and inheriting from their husbands.
24. The Committee reiterates that the State party should incorporate awareness-raising and educational campaigns addressed to women and men, girls and boys, religious and community leaders, parents, teachers and officials. It encourages the State party to undertake such efforts in collaboration with civil society organizations, women’s groups and community and religious leaders and eradicate discriminatory harmful practices, including female genital mutilation and forced and early marriages explicitly recognizing that such practices should not violate human rights under any circumstances. The Committee also encourages the State party to effectively use innovative measures to strengthen understanding of the equality of women and men and, in particular, to develop outreach programmes for rural populations. It further calls on the State party to periodically review the measures taken in order to assess their impact and to report thereon to the Committee in its next periodic report.
25. The Committee welcomes the various initiatives carried out by the National Committee to Combat the Practice of Excision to eradicate the practice of female genital mutilation and welcomes the fact that the State party has succeeded in reducing the incidence of the practice. Nevertheless, the Committee remains highly concerned that the practice continues to be widespread and is being performed with a higher degree of secrecy and at a younger age.
26. The Committee encourages the State party to increase its efforts to fully eradicate female genital mutilation and to carry on its robust public advocacy strategy, especially among parents and traditional leaders so as to change traditional perceptions connected with this practice. It also calls upon the State party to bring offenders, including parents, to justice.
Trafficking and exploitation of prostitution
27. The Committee welcomes the adoption of a new law aimed at combating trafficking in human beings and other relevant laws related to similar practices and the protection of victims, as well as multilateral agreements to combat trafficking, especially in women and children. The Committee also notes with interest the ongoing study carried out by the Ministry of Social Action and National Solidarity on the situation of trafficking in women with a view to taking specific action. Nevertheless, the Committee expresses its serious concern over the trafficking in girls for domestic work and labour into neighbouring countries as well as trafficking in foreign women for the purpose of exploitation of prostitution. It further regrets the lack of available information about this matter.
28. The Committee recommends that the State party put the necessary coordinating mechanisms in place in order to reinforce the implementation of new legislation and multilateral agreements to combat trafficking in girls and women for labour and sexual exploitation. The Committee encourages the formulation and implement