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UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE]

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INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF LGBTQ PERSONS IN BURKINA FASO

TAB SUMMARY GOVERNMENTAL SOURCES 1. Overseas Security Advisory Council, Bureau of Diplomatic Security, U.S. Dep’t of State, Burkina Faso 2020 Crime & Safety Report (May 12, 2020), available at https://www.osac.gov/Content/Report/81726191-31e9-4ceb-9adb-18aa5a5de155 • “Members of the LGBTI+ community find life in Burkina Faso extremely difficult and, at worst, dangerous. Societal discrimination based on sexual orientation and gender identity remains an issue; religious/traditional beliefs do not tolerate homosexuality.” (p. 4) • “There are regular reports of verbal and physical abuse against members of the LGBTI+ community. LGBTI+ employees have passed partners off as relatives, even within the Embassy community, to avoid the possibility of intolerant reactions.” (p. 4) 2. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2019 Country Reports on Human Rights Practices: Burkina Faso (Mar. 2020), available at https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/burkina-faso/ • “The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police

TAB SUMMARY occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.” (p. 24) • “Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. Medical facilities often refused to provide care to members of the transgender community, and LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.” (p. 24) • “Discrimination occurred based on . . . sexual orientation or gender identity . . . with respect to employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination.” (p. 28) 3. Swedish Ministry of Foreign Affairs, Burkina Faso –Mänskliga rättigheter, demokrati och rättsstatens principer per den 30 juni 2019 (June 30, 2019) (with translated excerpt), available at https://www.regeringen.se/4af2de/contentassets/2727197ad0e9454caaba7b7b6f6b7b50/burki na-faso---manskliga-rattigheter-demokrati-och-rattsstatens-principer-per-den-30-juni- 2019.pdf • “Burkina Faso has no legislation criminalizing homosexuality but there is also no legislation that protects LGBTQ people from hate crimes or discrimination. LGBTQ people are exposed to widespread discrimination and violence or threats of violence. To identify as a LGBTQ person is tabooed by society. In a survey conducted by Afrobarometer, Burkina Faso landed in third place among the most homophobic countries in Africa.” (page 2 of translation) • “Arbitrary incarceration of LGBTQ people occurs. According to ILGA, between March 2017 and December 2018, ten LGBTQ people were arrested in Ouagadougou and another 38 in Bobo-Dioulasso, the country's second largest city. According to the Queer African Youth Network, it has happened that LGBTQ people have been convicted of crimes that persons with another sexual orientations have not convicted of, e.g., prostitution or fornication.” (page 2 of translation) 4. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2018 Country Reports on Human Rights Practices: Burkina Faso (Mar. 2019), available at https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/burkina-faso/ • “The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and humiliated them in detention before releasing them.” (p. 21) • “Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.” (p. 21) • “The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations. Discrimination occurred based on . . . sexual orientation or gender identity . . . with respect to TAB SUMMARY employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination.” (p. 25) 5. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2017 Country Reports on Human Rights Practices: Burkina Faso (Apr. 2018), available at https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/burkina-faso/ • “Societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was a problem and was exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.” (p. 22) • “The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the LGBTI community.” (p. 22) • “LGBTI organizations had no legal status in the country but existed unofficially. The Ministry of Territorial Administration, Decentralization, and Internal Security did not approve repeated requests by LGBTI organizations to register, and it provided no explanation for the refusals.” (p. 22) • “The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations. Discrimination occurred based on . . . sexual orientation or gender identity . . . with respect to employment and occupation. The government took few actions during the year to prevent or eliminate it.” (p. 26) 6. Ministry of Immigration, Diversity and Inclusion, Quebec, Réalités Juridiques et Sociales des Minorités Sexuelles Dans les Principaux Pays d’Origine des Personnes Nouvellement Arrivées au Québec (July 7, 2017) (with excerpted translation), available at http://www.quebecinterculturel.gouv.qc.ca/publications/fr/divers/GUI_InfoHomosexualiteTra nssexualite_FIN.pdf • “In the family environment, it is rare for a person to reveal his/her homosexuality in order to avoid exposing themselves to insults and rejection. The situation is particularly difficult for women, for whom it is more difficult to escape family pressures in favor of marriage. Women who don’t get married or who have gotten divorced must be vigilant because they risk being harassed if their family or neighbors find out what their sexual orientation is. The police authorities and media regularly show intolerance with regard to sexual minorities.” (page 5 of translation) • “But the fact remains that, in general, sexual minorities, both men and women, are marginalized and stigmatized and must limit the expression of their sexuality or their gender identity to certain places and clandestine networks. The situation for transgender persons is particularly worrisome. Many of them have been victims of familial rejection, isolation, harassment and violence.” (page 5 of translation) 7. Immigration and Refugee Board of Canada, Burkina Faso: Treatment of sexual minorities, including legislation, state protection and support services (April 20, 2016), available at https://www.refworld.org/docid/5729a8d74.html • “Two judgments given by tribunals in Burkina Faso demonstrate [that LGBTQ individuals are punished more severely]. . . In a judgment by the High Court of Bobo Dioulasso on 7 January 2013, a young transvestite gay was sentenced for street TAB SUMMARY solicitation whereas this offence is almost never referred to tribunals for other cases of street solicitation . . . [A]n offence of corruption of a minor was used to sentence a young lesbian, whereas this offence is not used to protect heterosexual minors . . . .” (p. 2) • “According to a survey conducted in 2014-2015 by Afrobarometer on homophobia in Africa, Burkina Faso is the 3rd most intolerant country in Africa, with 5 percent of its population saying that ‘they would ‘strongly like,’ ‘somewhat like’ or ‘not care’ if they lived next to homosexuals.” (p. 4) • “Country Reports 2014 states [t]he country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias- motivated crimes against the LGBT community . . . .” (p. 3) • “Freedom House notes that LGBT persons in Burkina Faso ‘routinely experience discrimination.’” (p. 3) • “The Burkina Faso news website Le Faso . . . reports that on 28 May 2015, protestors participating in a march against homosexuality in Bobo-Dioulasso went to the homes of . . . ‘families suspected of sheltering homosexuals’ and chanted slogans that were ‘hostile to homosexuals.’” (p. 3-4) • “According to Country Reports 2014 [t]here were no reports that the government responded to societal violence and discrimination against LGBT persons.” (p. 4) • “According to an article by Simon Allison published in the journal Africa in Fact [in 2013]: Gay rights organizations struggle to find a safe meeting place for members and are also hamstrung by the lack of funding.” (p. 5) 8. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2015 Country Reports on Human Rights Practices: Burkina Faso (Apr. 2016), available at https://www.refworld.org/docid/57161292c.html “On May 24, youth in Sikasso-Cira, a neighborhood of Bobo-Dioulasso, violently demonstrated against LGBTI individuals whom they accused of pedophilia and tarnishing the image of their neighborhood. The youth, who carried cudgels, machetes, and large knives, threatened to kill LGBTI individuals. Police intervened to disperse the crowd but did not arrest any of the youth. LGBTI advocacy organizations reported that some LGBTI individuals fled Bobo-Dioulasso for Ouagadougou.” (p. 25)

NON-GOVERNMENTAL SOURCES 9. Freedom House, Freedom in the World 2020 Report: Burkina Faso, available at https://freedomhouse.org/country/burkina-faso/freedom-world/2020 • “LGBT+ people, as well as those living with HIV, routinely experience discrimination. While illegal, gender discrimination remains common in employment and education.” (p. 12) 10. UN International Covenant on Civil and Political Rights (ICCPR), Concluding observations on the initial report of Burkina Faso, CCPR/C/BFA/CO/1 (Oct. 17, 2016), available at https://digitallibrary.un.org/record/1312579?ln=en • “The Committee is concerned about the stereotyping of lesbians, gays, bisexuals and transgender persons, and about reports of discriminatory acts and hate speech aimed at them, including by politicians. It also notes with concern the absence of legislation TAB SUMMARY expressly prohibiting discrimination based on sexual orientation or gender identity (arts. 2 and 26).” (p. 3) 11. Afrobarometer, Good neighbours? Africans express high levels of tolerance for many, but not for all, Afrobarometer Dispatch Number 74 (Mar. 1, 2016), available at http://afrobarometer.org/sites/default/files/publications/Dispatches/ab_r6_dispatchno74_toler ance_in_africa_eng1.pdf • “[I]ntolerance toward homosexuals remains widespread, reaching near-unanimity in Senegal (97%) as well as Guinea, Uganda, Burkina Faso, and Niger (all 95%).” (p. 11) 12. Institute of Current World Affairs (ICWA), Burkina Faso’s Gay Rights Debate: What Role for Foreign Voices? (June 16, 2015), available at https://www.icwa.org/burkina-fasos-gay-rights-debate-what-role-for-foreign-voices/ • “Burkina Faso is one of just eleven countries in sub-Saharan [Africa] that have never criminalized homosexuality. Yet . . . [d]espite the absence of legal sanctions in Burkina Faso, [an activist with Association African Solidarité] said many people in his country view homosexuality as ‘a sickness’ or ‘a curse’ and even believe gay people ‘need to be killed.’” (p. 2-3) • “Several incidents in the past few years have highlighted this hostility, delivering a clear message that gay people are unwelcome even though the country has refrained from formally taking action against them. In 2013, the imam at the Grande Mosquée in Ouagadougou used his sermon . . . to stress that homosexuality, and gay marriage in particular, was against the country’s values.” (p. 3)

• “Sanou [an imam who has coordinated Muslim leaders’ support of Burkina Faso’s proposed anti-gay law] said that . . . imams throughout western Burkina Faso had raised the issue of homosexuality in their Friday sermons, something that several Bobo-Dioulasso residents confirmed. He added that he believed the message appealed to all Burkinabé, regardless of religion, contending that all faiths explicitly condemn homosexuality.” (p. 6)

• “According to the [U.S.] State Department’s Human Rights Report for 2012, on March 18 of that year, hundreds of people from the Ouagadougou neighbourhood of Wemtenga ‘demonstrated to demand the departure of a gay couple within seven days,’ claiming ‘the couple set a bad example for neighborhood children.’ After two weeks, the couple left, and ‘no legal action was taken against the perpetrators.’ . . . [Activists] said more dramatic incidents of mob violence — resulting in injury and death — were possible. Some may even have occurred already, [the activist] said, noting that families would likely have declined to report them because of the stigma associated with homosexuality.” (p. 3) 13. Human Rights Campaign Foundation, Report: The State Of Human Rights For LGBT People In Africa (July 2014), available at http://www.humanrightsfirst.org/sites/default/files/HRF-HRC-Africa-Report.pdf • “According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association, same-sex sexual activity has never been criminalized in Burkina Faso. However, LGBT people in Burkina Faso often report being stigmatized, rejected or TAB SUMMARY forced to hide their identity. LGBT organizations exist, but have no legal status and the government often turns a blind eye to violence and discrimination against LGBT people. Religious leaders have added fuel to the fire with Burkina Faso’s Catholic archbishop recently proclaiming that same-sex marriage would constitute an ‘assault on the family’ in Africa.” (p. 6-7) 14. Philip P. Rodenbough, Being LGBT in West Africa, USAID Project (July 2014), available at http://blogs.cuit.columbia.edu/rightsviews/files/2015/03/The-Being-LGBT-in-West-Africa- Project-Final-Report.pdf • “Access for LGBT individuals to health, education, housing, and employment is hindered across [West Africa], regardless of the legal status of homosexuality. In Burkina Faso protesters demonstrated and effectively evicted a couple of men assumed to be gay, with no intervention from police.” (p. 8) • “In typical West African fashion, the government does not have a strong history of protecting LGBT persons against verbal and physical abuse. In particular, the State Department report describes that hundreds of people in Ouagadougou publicly demonstrated for the eviction of a gay couple from their neighborhood. . . A secondary source confirms that hundreds protested against the unfortunate gay couple, and that police took no protective action.” (p. 18) • “Burkina Faso does have laws against prostitution, and these have been used to prosecute same-sex acts, although it is unclear if the same-sex acts are cases of bona fide prostitution.” (p. 18) • “[A]n article by Cheikh Ibrahima Niang that appears in Africa Region Human Development Working Paper Series [states that:] ‘. . . In Burkina Faso, reports exist of [men who have sex with men] having been beaten, publicly disrobed or otherwise humiliated by members of their own families. One informant revealed: ‘Someone sent an anonymous letter to my mother telling her that I was prostituting myself to men. My own mother threatened to kill me with her own hands to preserve the honor of the family if it turned out to be true.’” (p. 18-19) 15. Fergus Kerrigan, Getting To Rights: The Human Rights of Lesbian, Gay, Bisexual, Transgender and Intersex Persons in Africa, Danish Institute for Human Rights (2013), available at http://um.dk/en/~/media/UM/English-site/Documents/Danida/Partners/Research- Org/Research-studies/LGBT.pdf

• “Participants in focus groups in Burkina Faso (both women and men) said that exclusion or ostracism by the family is among the worst fears of African LGBTI persons – often worse than any risk of state sanctions or even violence. While physical violence is often short lived, exclusion and ostracism may endure for a lifetime.” (p. 36) • “Researchers and traditional leaders interviewed in Burkina Faso also mentioned other fears. Among uneducated people in some communities there were sometimes fears of anyone who appears different, such as albinos or twins. LGBTI persons might also be feared in this way, leading to stigma that could sometimes lead to violence.” (p. 46) • “For a married person carrying on a same-sex relationship, discovery can even mean being deprived of access to their home and children by the extended family. TAB SUMMARY Especially in patrilineal societies, women are likely to be far more vulnerable than men in this regard.” (p. 36) • “The West African network QAYN conducted a study on knowledge and attitudes of university students to SOGI [Sexual Orientation and Gender Identity] issues in Burkina Faso . . . .” o “62% of women thought that homosexuality was a bad thing. . . .’” o “64% of men thought it was a bad thing to be eradicated, an abomination, unnatural etc. ” o “…72% of women and 84% of men were in favour of the laws against homosexuality that exist in other African countries.” (p. 43) • “Activists in Burkina Faso were relatively unfamiliar with a human rights based approach where expression, the formation of associations and holding of assemblies based on gender identity and sexual orientation, are human rights that the state and society are obliged to respect. They did not oppose the creation of organizations based on LGBTI identity, but neither were they unreservedly in favour. The community activists found these approaches intriguing, but thought that they depended ultimately on community acceptance to succeed. They emphasised that formal permissions will not mean much on the ground without the cooperation of local leaders, whether formal (such as a neighbourhood chef du quartier) or informal ones such as religious figures or traditional leaders.” (p. 58) • “Even where same-sex sexual behaviour is not criminalized, there are often legal provisions that could be used against LGBTI persons by police, prosecutors and judges. Thus Article 410 of the Penal Code of Burkina Faso criminalizes acts contrary to morality (bonnes moeurs) that take place in public or in a private place open to public view. The country mission to Burkina Faso did not uncover reports of LGBTI persons being prosecuted under this section / article, though all LGBTI and other persons met were acutely aware of the need for discretion. One interviewee stated that some police officers might not be aware that same-sex acts were not criminal.” (p. 112-113) • “ The requirements for registering an NGO are not onerous in principle. In practice however, organizations of LGBTI persons that want to obtain official status are discouraged from adopting purposes that involve the assertion of an LGBTI identity or from trying to promote understanding of SOGI [Sexual Orientation and Gender Identity] issues as such. The application of one organization that would not consent to drop these purposes from its statutes had been pending for approximately two years at the time of the visit to the country. Others, anxious to conduct their HIV / AIDS outreach work, acceded to official demands to modify their proposed statutes.” (p. 132)

ACADEMIC SOURCE 16. Ashley L. Grosso, Sosthenes C. Ketende, Shauna Stahlman et al., Development and reliability of metrics to characterize types and sources of stigma among men who have sex with men and female sex workers in Togo and Burkina Faso, BMC Infectious Diseases (Mar. 5, 2019), available at https://bmcinfectdis.biomedcentral.com/track/pdf/10.1186/s12879-019-3693-0.pdf TAB SUMMARY • “Socially and in the media there are strong expressions against same-sex sexual practices and relationships. For example, 95% of participants from Burkina Faso in the Afrobarometer said they would dislike living next to gay or lesbian neighbors.” (p. 3) • “There have been public marches against same-sex sexual practices and relationships.” (p. 3)

MEDIA SOURCES 17. Lonely Planet, Burkina Faso In Detail: LGBT Travellers (last accessed Jan. 20, 2021), available at https://www.lonelyplanet.com/a/nar/a9288cb7-239a-4d7f-b2e9-4d0902e9e07e/355102 • “Homosexuality is not illegal in Burkina Faso, but any sexual behavior that goes against ‘good morals’ is punishable by law. Local attitudes are highly conservative and utmost discretion is advisable. Public displays of affection between same-sex (and even opposite-sex) couples should be avoided. There are no openly gay or lesbian bars or clubs in Burkina.” (p. 1) 18. Florian Bardou, Reportage: On est loin d’envisager une gay pride au Burkina Faso, Libération (Apr. 5, 2019) (with translation), available at https://www.liberation.fr/planete/2019/04/05/on-est-loin-d-envisager-une-gay-pride-au- burkina-faso_1714521 • “This stigmatization, under the weight of traditions, has serious consequences. It pushes the Burkinabé homosexuals and trans persons in particular to lead a double life – which does not make it any easier – by the way – to curb the HIV epidemic . . . The figures attest to the ambient homophobia on the Ouagadougou [university] campus: In 2013, a bit more than 60% of the students questioned by the Network of Young LGBT of West Africa, based in the Burkinabé capital, estimated that ‘homosexuality is a bad thing,’ ‘an aberration against nature or an evil that needs to be eradicated.’” (page 4 of translation) • “Threats, blackmail, beatings and hunting of homosexuals: fear of violence is also part of their daily life – without the possibility of bringing a complaint to the police. In 2015 and 2016, the second largest city in the country, Bobo-Dioulasso, for example, was the scene of several homophobic incidents, supported by Christian and Muslim religious leaders. The demonstrators were specifically trying to ‘free’ their district of the supposed presence of homosexuals. . . ” (page 4 of translation) • “[N]o [legal] text has ever criminalized homosexuality since its independence in 1960…On the other hand, the hostility towards gays, lesbians and trans persons, fueled by the homophobic sermons that never end, unscrupulous media and politicians in need of votes, is still extremely strong – to the point of blaming homosexuals for the jihadist threat . . . according to several testimonies.” (page 3 of translation) TAB SUMMARY 19. Émilie Laystary, In Burkina Faso, Being Transgender Means Living in the Shadows, Equal Times (July 17, 2019), available at https://www.equaltimes.org/in-burkina-faso- being-transgender?lang=en#.XrNwYahKg2x • “There is nowhere for us to go, out there. It’s too dangerous. When you’re different, or you get together with other marginalised people, you risk being beaten up.” (p. 3) • “Authorisation from the governor has to be requested to set up an association. But when we said that we wanted to defend the rights of transgender people, he rejected our application.” (p. 3) • “‘There are hardly any [safe places]… Here, you really have to hide your identity if you don’t want to be attacked,’ says Naomi, who avoids looking too feminine. ‘Trans women are rebuked; people think they want to sell their bodies.’” (p. 4) • “Given the social stigma, many members of the LGBTI community use Facebook to meet people online and arrange a date. The problem is that certain men pass themselves off as members of the LGBTI community, to extort their victims, who think they are on a date but find that they have been filmed without their knowledge, and are threatened with the possibility that the video revealing their sexual identity will be published on social media if they do not pay up. In some cases, they also receive a beating.” (p. 4)

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TAB 1 Overseas Security Advisory Council Bureau of Diplomatic Security U.S. Department of State

5/12/2020 | Country Security Report 742 all time - 54 last 7 days

Burkina Faso 2020 Crime & Safety Report

This is an annual report produced in conjunction with the Regional Security Office at the U.S. Embassy in Ouagadougou. OSAC encourages travelers to use this report to gain baseline knowledge of security conditions in Burkina Faso. For more in-depth information, review OSAC’s Burkina Faso country page for original OSAC reporting, consular messages, and contact information, some of which may be available only to private-sector representatives with an OSAC password.

Travel Advisory

The current U.S. Department of State Travel Advisory at the date of this report’s publication assesses Burkina Faso at Level 4, indicating travelers should not travel to the country due to terrorism, crime, and kidnapping. Do not travel to the 11th Arrondissement of Ouagadougou (Karpala, Balkiui, and Rayongo/Dayongo neighborhoods) due to terrorism and crime. Review OSAC’s report, Understanding the Consular Travel Advisory System.

Overall Crime and Safety Situation

Burkina Faso is an “adults only” post; minor family members of U.S. government employees may not travel to the country.

Instability has increased across country, particularly after the emergence of extremism in eastern Burkina Faso in 2018, which has since spread to other parts of the country. Prior to 2018, extremist activities were prevalent mainly in Burkina Faso’s northern Sahel region. However, 2019 saw an exponential increase in extremist activities, which has expanded to the east, west, and southern portions of the country. Terrorists target civilian and military targets alike. Armed criminality and intercommunal violence driven by economic desperation, food insecurity, and competition over land and water resources have fueled violent extremism and antigovernment grievances, further exacerbating instability. Burkina Faso’s borders remain extremely porous and hard to police, factors criminal actors and terrorist groups may exploit. Natural population movement occurs between Burkina Faso and its neighbors. Growing insecurity and extremist activity has led to an exponential increase in the number of internally displaced people.

The Government of Burkina Faso has maintained a state of emergency in the entire East and Sahel regions, the provinces of Kossi and Sourou in the Boucle de Mouhoun region, the province of Kenedougou in the Hauts Bassins region, the province of Loroum in the North region, and the province of Koulpelogo in the Center-East region. Active military operations, curfews, and movement restrictions, including bans of motorcycles and other vehicles are ongoing or could occur in these areas. The Burkinabè military has undertaken operations to combat terrorism in the north, east, and southwest.

Crime Threats

The U.S. Department of State has assessed Ouagadougou as being a HIGH-threat location for crime directed at or affecting official U.S. government interests. Ouagadougou experienced an increase in the number of armed robberies in 2019. Street crime (especially pickpocketing, purse snatching, and backpack/cell phone theft) is pervasive in major cities. Cellular telephones, jewelry, laptops, money, and other items of value are frequent targets of thieves. Most street crime occurs after dark and involves one or two individuals on motorbikes. Street crime typically increases in Ouagadougou around the holidays, the West African Movie Festival (FESPACO), and the Regional Craft Festival (SIAO).

While most streets in Ouagadougou are safe and non-threatening during daylight hours, they become less so at night, especially in isolated areas around bars/nightclubs that tend to attract unsavory individuals after dark. Crime occurs in affluent residential areas such as Ouaga 2000, Zone du Bois, and Koulouba. United Nations Circle and Avenue Kwame Nkrumah are also high-crime areas. Criminals often attempt to establish rapport with Westerners in order to later rob or defraud them, or intimidate them into paying money. Bribery and fraud are prevalent. Review OSAC’s reports, All That You Should Leave Behind.

Ordinarily, thieves do not threaten victims with weapons, although there have been cases of theft and attempted theft involving firearms and knives, and the number of armed robberies increased in 2019. Criminals in urban areas may carry an edged weapon to cut straps on bags, purses, or backpacks. Criminals can become violent if the victim is noncompliant.

Rape and sexual assault occur periodically in smaller towns and in Ouagadougou. Hotel security is generally adequate against petty crime, but residential thefts/home invasions occur occasionally in expatriate residential areas (e.g. Ouaga 2000, Koulouba, and Zone du Bois) and in other parts of Ouagadougou. Thieves have entered residences at night surreptitiously, avoiding direct confrontation with the occupants. Most perpetrators exploited an unlocked door or window. Review OSAC’s reports, Hotels: The Inns and Outs and Considerations for Hotel Security.

Roadside banditry has been a nationwide problem in previous years. Bandits have fired warning shots and attacked vehicles that did not stop. Local police label the Eastern Region beyond Koupela (toward Fada N’gourma) as banditry-prone due to its isolated location and intermittent cell phone coverage. According to police statistics, more than half of all reported roadside banditry incidents occurred in this area.

The U.S. Embassy prohibits U.S. Government personnel from personal travel to the Karpala, Balkiui, and Rayongo (also known as Dayongo) neighborhoods of Ouagadougou’s 11th Arrondissement for security reasons.

Review OSAC’s reports, The Overseas Traveler’s Guide to ATM Skimmers & Fraud and Taking Credit.

Cybersecurity Issues

Review OSAC’s reports, Cybersecurity Basics, Best Practices for Maximizing Security on Public Wi-Fi, Traveling with Mobile Devices: Trends & Best Practices, and Satellite Phones: Critical or Contraband?

Transportation-Safety Situation

Road Safety and Road Conditions

Traffic and road conditions in Ouagadougou make driving difficult and hazardous. In addition to regular car/truck traffic, there are large numbers of mopeds, pedestrians, bicycles, donkey carts, hand-cranked wheelchairs, and hand-pulled wagons on main thoroughfares. Commercial areas are overcrowded with pedestrians, taxis, trucks, handcarts, innumerable vendors, and beggars. Most roads are gravel surfaces or dirt tracks. Hazards on side roads can be worse than those on main thoroughfares. Drivers may encounter young children at play, dogs scavenging in trash piles, and grazing livestock. Exposed rocks, loose gravel, potholes, broken concrete/tile, and scattered pieces of wood often litter deeply rutted dirt roads. The streets in the neighborhoods where many Embassy staff live may be paved, but the asphalt may be crumbling, especially at the edges.

Pedestrians and mopeds dash in/out of traffic, often directly in front of oncoming vehicles. Drivers of every type of vehicle obey traffic laws only selectively, and often engage in unsafe driving practices. Mopeds have the right of way; operators seem to believe this permits them to drive with complete disregard for their own or others’ safety. The law requires moped operators to carry driver’s licenses and wear helmets, but the police do not enforce this law. As a result, it is quite common to see accidents involving mopeds with serious injuries/fatalities.

Drivers must go well beyond the norms of defensive driving. Burkina Faso theoretically follows European rules of the road. Yield to aggressive drivers and maintain a cool head in traffic – even if you have the right of way. All personal vehicles in Burkina Faso must carry local third-party liability insurance.

Pedestrians, bicyclists, motorbikes, livestock, donkey carts, cars, buses, and trucks shared paved roads between major cities. Any vehicle on the road may be overloaded or in a state of disrepair. There may be long stretches between major cities where one must detour to an unimproved road.

The same carelessness and general lack of safety awareness among drivers presents even greater dangers at night. Many cars and motorbikes do not have or use headlights, and most areas do not have streetlights. Bicyclists and pedestrians in dark clothing are practically invisible in the dark. In some neighborhoods, packs of domesticated dogs roam the dark streets. All these factors combine to create a very taxing, perilous nighttime driving experience.

There is no roadside assistance; in the event of a mechanical breakdown, it could be hours before help arrives. Travelers must carry plenty of food/water when traveling outside the cities, and should have a well-maintained vehicle and two good spare tires. Many drivers have had to purchase new car batteries, because the country’s intense heat significantly drains battery life.

If you have an accident and are not in immediate danger, do not move your vehicle until a police officer instructs you to do so.

Review OSAC’s reports, Road Safety Abroad, Driving Overseas: Best Practices, and Evasive Driving Techniques; and read the State Department’s webpage on driving and road safety abroad.

Public Transportation Conditions

The Embassy prohibits the use of all public transportation.

Buses on the highways have been involved in catastrophic accidents, and are commonly the target of roadside bandits.

Green taxis are often mechanically unsafe, and may stop to pick up additional passengers during one trip. These taxis do not have meters, are not subject to regulation, and are generally not roadworthy. Tourists have been victims of crime and involved in accidents when using local green taxis.

Some yellow taxi services may be acceptable. Such services use centralized dispatchers and have relatively well-maintained automobiles with fare meters and seatbelts. Few streets have names. Some street names have changed in recent years, sometimes repeatedly. When navigating the city, note landmarks rather than street names. Most paved roads do not have adequate markings; the lack of signage and consistent naming leads to confusion among drivers.

Review OSAC’s report, Security In Transit: Airplanes, Public Transport, and Overnights.

Aviation/Airport Conditions

As there is no direct commercial air service to the U.S. by carriers registered in Burkina Faso, the U.S. Federal Aviation Administration (FAA) has not assessed the government’s Civil Aviation Authority for compliance with International Civil Aviation Organization (ICAO) aviation safety standards.

Terrorism Threat

The U.S. Department of State has assessed Ouagadougou as being a CRITICAL-threat location for terrorism directed at or affecting official U.S. government interests. Do not travel to Burkina Faso, especially outside of Ouagadougou and other urban areas due to risk of terrorism, armed criminality, and kidnapping. Traveling at night may increase these risks. Terrorists or their proxies have routinely ambushed security forces and increasingly kidnapped road travelers – particularly foreigners – along transit arteries, including those connecting major cities. There has been a significant increase in the number of roadside improvised explosive devices (IEDs).

Terrorist groups continue plotting attacks in Burkina Faso, and may conduct attacks anywhere – even in Ouagadougou – with little or no warning. Targets could include hotels, restaurants, police stations, customs offices, areas at or near mining sites, places of worship, military posts, and schools.

2019 saw two of the deadliest terrorist attacks in Burkina Faso’s history, each killing over 30 civilians. Extremist groups have conducted attacks in the northern and eastern regions of Burkina Faso, as well in the west and southwest, and in Ouagadougou. Extremist groups have the capacity to conduct complex attacks utilizing vehicle-borne IEDs (VBIEDs) and large numbers of armed individuals. These groups are especially active in areas near the Mali and Niger borders. Terrorist groups have conducted high-profile attacks in Ouagadougou:

2018: Two groups of armed men attacked the Burkinabè military headquarters and French Embassy nearly simultaneously, attacking the former with a suicide vehicle-borne improvised explosive device (SVBIED).

2017: A small group of armed men attacked the Aziz Istanbul restaurant in downtown Ouagadougou.

2016: Terrorists attacked the Hotel Splendid and Cappuccino Café.

These events are a stark reminder of the need to remain vigilant of one’s surroundings and immediately report all suspicious activity to the local police or security forces. Terrorist groups continue plotting attacks in Burkina Faso. Terrorists may conduct attacks anywhere with little or no warning. Terrorist groups have demonstrated their intention to target Burkina Faso in retaliation for the Burkinabè government’s participation in regional stabilization and counterterrorism efforts and support of Western interests, including France’s military presence in the region. Burkina Faso actively participates in the recently deployed G-5 Sahel regional counterterrorism force and the UN Mission in Mali (MINUSMA).

Regional terrorist groups that could conduct activities in Burkina Faso include JNIM (“Group in Support of Islam and Muslims”), a coalition of four Mali- based terrorist groups that includes al-Qa’ida in the Islamic Maghreb (AQIM), Ansar al Dine, al-Murabitoun, and the Macina Liberation Front; ISIS in the Greater Sahara (ISIS-GS); and Ansaroul Islam, which is active in northern Burkina Faso, particularly in the Sahel region.

Burkina Faso’s borders with Mali and Niger remain porous; elements terrorist groups may be able to move across the international borders easily.

Due to credible threat information and terrorist activity, the U.S. Embassy and many other diplomatic missions restrict employee travel outside of Ouagadougou. The U.S. government is unable to provide emergency services to U.S. citizens throughout most of the country.

Political, Economic, Religious, and Ethnic Violence

The U.S. Department of State has assessed Ouagadougou as being a HIGH-threat location for political violence directed at or affecting official U.S. government interests.

Civil Unrest

There is risk from civil unrest in Ouagadougou. Demonstrations, marches, and other gatherings are common and may become violent at any time. Although most conclude peacefully, there have been outbreaks of violence, looting, roadblocks, tire burning, and destruction of property during demonstrations. Instances may arise where the best and safest course of action is to shelter in place temporarily. Review OSAC’s report, Surviving a Protest.

Post-specific Concerns

Environmental Hazards

Flooding has been a major problem during the rainy season (June-September), damaging some roads and buildings severely. Ouagadougou experienced its last major and destructive flood in 2009, with extensive damage to roads, levees, and residential areas. The floods destroyed small villages on the outskirts of Ouagadougou, displacing more than 10,000 people. The central hospital sustained significant damage, and the U.S. Embassy evacuated several residences. Critical Infrastructure Concerns

Occupational hazards do exist, including buildings not constructed to code, and insufficient enforcement of safety standards.

Personal Identity Concerns

Members of the LGBTI+ community find life in Burkina Faso extremely difficult and, at worst, dangerous. Societal discrimination based on sexual orientation and gender identity remains an issue; religious/traditional beliefs do not tolerate homosexuality. There are regular reports of verbal and physical abuse against members of the LGBTI+ community. LGBTI+ employees have passed partners off as relatives, even within the Embassy community, to avoid the possibility of intolerant reactions. Review the State Department’s webpage on security for LGBTI+ travelers.

Women should dress conservatively to avoid harassment. At some local social occasions (e.g. weddings, dinners, religious ceremonies) and at some events, women and men sit separately. Such gender-based separation sometimes negatively affects the ability of diplomats to conduct business. Although the law prohibits violence against women, domestic violence, including spousal abuse, is widespread. Wives have limited legal recourse in cases of abuse. There is no reliable data on the extent of sexual assault, though it is a problem. Rape cases do not usually go to trial. Police generally investigate reports of rape, but victims often do not file reports due to cultural barriers and fear of reprisal. The law prohibits female genital mutilation/cutting, but the practice is widespread, particularly in rural areas, and usually performed at an early age. Child marriage is a problem. Review the State Department’s webpage on security for female travelers.

Physically disabled individuals would have a very difficult time in Burkina Faso, as facilities are generally not accessible. Access to buildings, pedestrian paths, and transportation is extremely difficult for persons with disabilities. Most cafés, restaurants, hotels, and residential buildings have stairs at the entrance without wheelchair ramps. Buses and taxis do not have special accommodations for disabled persons. Review the State Department’s webpage on security for travelers with disabilities.

Review OSAC’s report, Freedom to Practice, and the State Department’s webpage on security for faith-based travelers.

Drug-related Crime

Illegal drugs are available; however, Burkina Faso is mostly a transit country for the illegal drug trade. There are no indications that illegal drugs in Burkina Faso connected to narco-terrorism.

Kidnapping Threat

The threat of kidnapping remains persistent throughout Burkina Faso, including in Ouagadougou, and especially in the Sahel and Est regions. Burkina Faso had its first kidnapping incident involving a Westerner in 2015. Since then, there have been multiple high-profile kidnappings of Westerners – many of which coincided with the escalation of terrorist activity throughout more areas of the country over the last year.

In May 2019, a hostage-rescue operation freed four international hostages, including a U.S. citizen, that kidnappers had taken in Burkina Faso and in neighboring Benin. In January 2019, kidnappers took and later killed a Canadian geologist working in the mining sector in Sahel region. In December 2018, kidnappers took two tourists (Canadian and Italian) from an unknown location in Burkina Faso – possibly while en route to Togo from Bobo-Dioulasso. Authorities recovered the hostages in Mali in early 2020. In September 2018, kidnappers took two mining employees (Indian and South African) traveling from the Inata mine to Ouagadougou while in Sahel Region. In addition, in September 2018, kidnappers took an Italian priest from a location just over the border in Niger, reportedly transporting him across the border into eastern Burkina Faso via suspected extremists.

Review OSAC’s report, Kidnapping: The Basics.

Other Issues

Review OSAC’s report, Picture This: Dos and Don’ts for Photography.

Read the State Department’s webpage on customs and import restrictions for information on what you cannot take into or out of other countries.

Police Response

Local security and emergency response capabilities can be limited, especially in areas outside of Ouagadougou and other urban areas. Terrorists have ambushed security forces, including escorts and reinforcements, along major roads.

Burkinabè authorities take extra measures to protect Westerners and international interests. However, local law enforcement practices, procedures, and expertise often fall below the standards expected in developed countries.

Within Ouagadougou, emergency services numbers are as follows:

Police: Dial 17 or 25-30-63-83, or 25-30-71-00 for emergencies, or 25-36-44-42 or 25-32-60-69 for administrative issues.

Gendarmerie (Military Police): Dial 16 or 25-30-62-71 for emergencies, or 25-30-32-71 or 25-31-33-40 for administrative issues. Ministry of Security: 10-10 dispatches the appropriate law enforcement entity, but English-language comprehension may be limited.

Fire Department: Dial 18 for emergencies, or 25-30-69-47 or 25-30-69-48 for administrative issues.

Download the State Department’s Crime Victims Assistance brochure.

Medical Emergencies

Within Ouagadougou, dial 18 for medical emergencies, or 25-30-66-44 or 25-30-66-45 for administrative issues. Find contact information for available medical services and available air ambulance services on the U.S. Embassy website.

The U.S. Department of State strongly recommends purchasing international health insurance before traveling internationally. Review the State Departments webpage on insurance overseas.

Burkina Faso is a malaria-endemic country; ensure you have adequate chemoprophylaxis. There is a risk of Zika infection in Burkina Faso. HIV infection is common throughout the country. Yellow Fever is a risk in Burkina Faso; CDC recommends this vaccine for travelers who are 9 months of age or older. You can get hepatitis A and typhoid through contaminated food or water in Burkina Faso. The following diseases are also prevalent: Dengue, Meningococcal meningitis, Schistosomiasis, and Tuberculosis.

The CDC offers additional information on vaccines and health guidance for Burkina Faso .

Review OSAC’s reports, The Healthy Way, Traveling with Medication, I’m Drinking What in My Water?, Shaken: The Don’ts of Alcohol Abroad, Health 101: How to Prepare for Travel, and Fire Safety Abroad.

OSAC Country Council Information

The Regional Security Office (RSO) re-launched the OSAC Country Council program in Ouagadougou in 2017. Contact OSAC’s Africa team for more information or to join.

U.S. Embassy Contact Information

The U.S. Embassy Ouagadougou is located at Secteur 15, Ouaga 2000, Avenue Sembène Ousmane, rue 15.873, southeast of the Monument aux Héros Nationaux.

Monday-Thursday 0730-1700, and Friday 0730-1230, excluding U.S. and local holidays.

Switchboard: +226-2549-5300

After-Hours Duty Officer: +226-7720-2414

Website: https://bf.usembassy.gov/

Helpful Information

Before you travel, consider the following resources:

OSAC Risk Matrix OSAC Travelers Toolkit State Department Traveler’s Checklist Smart Traveler Enrollment Program (STEP)

Attachments

OSAC - 2020 CSR - Burkina Faso.pdf

Related Content

Re Travel Advisory: Burkina Faso - Level 4 (Do Not Travel)

11/26/2019 | Report The contents of this (U) report in no way represent the policies, views, or attitudes of the United States Department of State, or the United States Government, except as otherwise noted (e.g., travel advisories, public statements). The document was compiled from various open sources and (U) embassy reporting. Please note that all OSAC products are for internal U.S. private sector security purposes only. Publishing or otherwise distributing OSAC-derived information in a manner inconsistent with this policy may result in the discontinuation of OSAC support.

TAB 2

BURKINA FASO 2019 HUMAN RIGHTS REPORT

EXECUTIVE SUMMARY

Burkina Faso is a constitutional republic led by an elected president. In 2015 the country held peaceful and orderly presidential and legislative elections, marking a major milestone in a transition to democracy. President Roch Mark Christian Kabore won with 53 percent of the popular vote, and his party--the People’s Movement for Progress--won 55 seats in the 127-seat National Assembly. National and international observers characterized the elections as free and fair.

The Ministry of Internal Security and the Ministry of Defense are responsible for internal security. The Ministry of Internal Security includes the National Police and the gendarmerie. The Army and the Air Force, which operate within the Ministry of Defense, are responsible for external security but sometimes assist with missions related to domestic security. Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included unlawful or arbitrary killings by the government, including extrajudicial killings; forced disappearance by the government; torture by the government; arbitrary detention by the government; harsh and life-threatening prison conditions; widespread corruption; and crimes involving violence or threats of violence targeting members of national, racial, and ethnic minorities.

The government investigated and punished some cases of abuse, but impunity for human rights abuses remained a problem.

Armed groups connected to violent extremist organizations, including Jama’at Nasr al-Islam wal Muslim, Group for the Support of Islam and Muslims (JNIM), the Islamic State in the Greater Sahara (ISGS), and homegrown Ansaroul Islam perpetrated more than 300 attacks that resulted in hundreds of civilian deaths as well as the death of government security forces. In the protracted conflict with terrorist groups, members of the security forces engaged in numerous extrajudicial killings. The Koglweogo, a vigilante justice/self-defense group, carried out numerous retaliatory attacks, resulting in at least 100 civilian casualties. In August the government arrested nine members of the Koglweogo suspected of planning the January 1 attack on the village of Yirgou that killed at least 49 and displaced thousands more.

BURKINA FASO 2

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports the government or its agents committed arbitrary and unlawful killings. Multiple independent domestic and international human rights groups accused the security forces (FDS) of committing hundreds of extrajudicial killings of civilians as part of its counterterrorism strategy (section 1.g.). On July 14, 11 detainees died under the custody of the antidrug police unit in Ouagadougou.

On May 31, Fahadou Cisse and Hama Balima, two human rights defenders with the Organization for Democratic Youth in Burkina Faso, were abducted in Sebba in Yagha Province while researching a case of alleged government corruption. Prominent local human rights organizations alleged gendarmes were responsible for their deaths. As of August 20, the government had not released the results of their autopsies or opened an investigation into their deaths.

Terrorists carried out approximately 300 attacks, targeting members of government security forces and civilians. For example, on October 11, terrorists killed 16 worshippers in a mosque in the town of Salmossi in the northern Oudalon Province. On August 19, approximately 50 members of terrorist groups ISGS, JNIM, or Ansaroul Islam on motorcycles and trucks with mounted machine guns attacked the Koutougou military outpost, killing 24 soldiers and wounding dozens more (section 1.g.).

There were several accounts of criminal groups working in concert with terrorist organizations and drug traffickers killing gendarme, police, and park rangers, especially in the East Region of the country. For example, on September 6, unidentified armed individuals attacked a forest ranger position located in the Boucle du Mouhoun Region, killing the commander.

On January 2, members of Koglweogo attacked a string of ethnic Fulani herding communities outside the town of Barsalogho, killing 46 civilians, according to the government, or 216 civilians, according to civil society groups, resulting in mass displacement of local communities. The attack occurred in retribution against Fulani herding communities the Koglweogo suspected of having provided shelter to purported terrorists allegedly responsible for the January 1 killings of a local village chief and two of his children.

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According to the nongovernmental organization (NGO) Collective Torture and Impunity and Community Stigmatization (CISC), on May 22, members of the Batie Gendarmerie arrested and severely beat Diakite Saliou. Family members recovered his corpse on May 24 at University Hospital Center Souro Sanon. b. Disappearance

There were numerous reports of disappearances of civilians who were suspected of committing acts of terrorism, during counterterrorism military operations by security forces. According to CISC, on April 25, Ousseni Diallo and Souleymane Diallo disappeared after being interdicted by security forces. The Directorate of Military Justice continued its investigation of extrajudicial killings and disappearances of civilians in the village of Damba in 2017 and 2018 but, as of September 5, had not made any arrests. During a March military operation to dismantle terrorist networks in the eastern region, the military appointed human rights provosts to some deployed units, who sought to ensure that detainees captured during the operation received their due process rights.

Terrorists and criminal groups kidnapped dozens of civilians, including humanitarian aid workers (see section 1.g.). In December 2018 a Canadian citizen and an Italian citizen disappeared while travelling through the southwestern region of the country toward the border with Togo. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. Local rights groups alleged numerous accounts of torture committed by gendarmerie, police, and members of the Koglweogo. The majority of allegations of torture involved victims suspected of being linked with terrorists or of being of Fulani/Peuhl ethnicity.

According to local independent human rights groups, on April 4, Koglweogo abducted and tortured 11 persons in Tchambalawal before releasing them to the gendarmerie. Fatoumata Dicko, a 42-year old man, died from his wounds.

Prison and Detention Center Conditions

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Conditions in prisons and detention facilities were harsh and at times life threatening due to overcrowding and inadequate sanitary conditions and medical care.

Physical Conditions: Authorities held pretrial detainees with convicted prisoners. Female prisoners had better conditions than those of men, in large part due to less crowding. Some infants and children younger than age five accompanied their inmate mothers. Prisoners received two meals a day, but diets were inadequate, and inmates often relied on supplemental food from relatives. In some prisons overcrowding or severe overcrowding exacerbated inadequate ventilation, although some cells had electricity and some inmates had fans. Sanitation was rudimentary.

According to local NGOs and international human rights and protection organizations, at least five deaths of inmates occurred during the year at the Central Prison in Ouagadougou (MACO) and the High Security Prison in Ouagadougou resulting from a combination of poor health, illness, and other undisclosed causes.

There were no appropriate facilities or installations for prisoners or detainees with disabilities, who relied on other inmates for assistance.

A human rights NGO reported that prison guards at the MACO occasionally used excessive physical force, inflicting injuries on prisoners.

Food, potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate in the majority of detention facilities across the country. Tuberculosis, HIV, AIDS, and malaria were the most common health problems among prisoners. For example, at the High Security Prison, there were three nurses employed to treat more than 800 detainees and prisoners, with no doctor present on site but available on an on-call basis. Detention conditions were better for wealthy or influential citizens, or detainees considered nonviolent.

Local media regularly reported on cases of detainees who had spent more than one year without trial.

Administration: President Kabore ordered an administrative and a judicial investigation of the 11 detainee deaths at the police antidrug unit that occurred on July 14 and a temporary dismissal of prison guards under the antidrug unit who were on duty when the deaths occurred. The government immediately suspended the members of the unit on shift during the incident pending the conclusion of the

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 5 investigation. A new policy caps the number of detainees held at the National Police’s Anti-Drug Unit detention facility at 10, with any additional detainees transferred to a different police station in Ouagadougou.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Due to strikes by prison guards, prison authorities sometimes denied access to representatives of local and international human rights groups, media, foreign embassies, and the International Committee of the Red Cross to visit prisons, even with advance notice of the visit. d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of persons to challenge the lawfulness of their arrest or detention in court. Arbitrary arrests occurred, and judicial corruption and inadequate staffing of the judiciary, largely due to protracted strikes by civil servants, deterred detainees from challenging the lawfulness of their arrest in court.

Arrest Procedures and Treatment of Detainees

By law police and gendarmes must possess a court-issued warrant based on sufficient evidence before apprehending a person suspected of committing a crime, but authorities did not always follow these procedures. Authorities did not consistently inform detainees of charges against them. By law detainees have the right to expeditious arraignment, bail, access to legal counsel, and, if indigent, access to a lawyer provided by the government after being charged. A judge may order temporary release without bail pending trial. Authorities seldom respected these rights. The law does not provide detainees access to family members, although authorities generally allowed detainees such access through court-issued authorizations.

The law limits detention without charge for investigative purposes to a maximum of 72 hours, renewable for a single 48-hour period. In terrorism investigations, the law allows detention for a 10-day period. In cases not related to terrorism, police rarely observed the law, and the average time of detention without charge (preventive detention) was one week. Once authorities charge a suspect, the law permits judges to impose an unlimited number of consecutive six-month preventive detention periods while the prosecutor investigates charges. Authorities often detained defendants without access to legal counsel for weeks, months, or

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 6 even years before the defendant appeared before a magistrate. There were instances in which authorities detained suspects incommunicado.

Arbitrary Arrest: Local independent rights groups alleged that security forces regularly arbitrarily arrested individuals for suspected involvement in terrorism. An official with the Ministry of Justice reported that hundreds of individuals detained at the High Security Prison remained in detention without being charged.

Pretrial Detention: Authorities estimated 52 percent of prisoners nationwide were in pretrial status, but local independent rights groups estimated it to be as high as 70 percent. A lack of counsel specialized in criminal law, particularly defense lawyers willing to represent detainees arrested on terrorism charges, greatly contributed to delays in bringing cases to trial. In some cases authorities held detainees without charge or trial for longer periods than the maximum sentence for conviction of the alleged offense. A pretrial release (release on bail) system exists, although the extent of its use was unknown.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law provides persons arrested or detained the right to challenge in court the legal basis or arbitrary nature of their detention. Prisoners who did so, however, reportedly faced difficulties due to either judicial corruption or inadequate staffing of the judiciary. e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the judiciary was corrupt, inefficient, and subject to executive influence, according to NGOs. There were no instances in which the trial outcomes appeared predetermined, and authorities respected court orders. Legal codes remained outdated, there were not enough courts, and legal costs were excessive. Citizens’ poor knowledge of their rights further weakened their ability to obtain justice.

Military courts try cases involving military personnel charged with violating the military code of conduct. Rights provided in military courts are equivalent to those in civil criminal courts. Military courts are headed by a civilian judge, hold public trials, and publish verdicts in the local press.

Trial Procedures

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The law presumes defendants are innocent. Defendants have the right to be informed promptly and in detail of the charges, with free assistance of an interpreter. Trials are public but may be delayed. Judicial authorities use juries only in criminal cases. Defendants have the right to be present at their trials and to legal representation, consultation, and adequate time and facilities to prepare a defense. Defendants have the right to provide evidence. Defendants have the right not to be compelled to testify or confess guilt, but a refusal to testify often resulted in harsher decisions. Defendants may challenge and present witnesses, and they have the right of appeal. In civil cases where the defendant is destitute and files an appeal, the state provides a court-appointed lawyer. In criminal cases court- appointed lawyers are mandatory for those who cannot afford one. The government did not always respect these rights, due in part to popular ignorance of the law and a continuing shortage of magistrates and court-appointed lawyers.

The Ministry of Justice, Human Rights, and Civic Promotion claimed courts usually tried cases within three months, although human rights organizations reported major case backlogs. The 2011 “processing of criminal penalties in real time” reform to shorten pretrial detention allows the prosecutor and investigators (police and gendarmerie) to process a case prior to the criminal hearing. This countrywide approach allows authorities to inform defendants of the charges and trial date before authorities release them pending trial.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees during the year, although some arrests and detentions may have been politically motivated.

Civil Judicial Procedures and Remedies

There is an independent judiciary in civil matters, but it was often inefficient, corrupt, and subject to executive influence. As a result citizens sometimes preferred to rely on the Office of the Ombudsman to settle disputes with the government.

The law provides for access to a court to file lawsuits seeking damages for, or cessation of, a human rights violation, and both administrative and judicial remedies were available for alleged wrongs. Victims of human rights violations may appeal directly to the Economic Community of West African States (ECOWAS) Court of Justice, even before going through national courts. For civil and commercial disputes, authorities may refer cases to the ECOWAS Common

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Court of Justice and Arbitration in Abidjan, Cote d’Ivoire. The courts issued several such orders during the year.

There were problems enforcing court orders in sensitive cases involving national security, wealthy or influential persons, and government officials. f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and the government generally respected these prohibitions. In cases of national security, however, the law permits surveillance, searches, and monitoring of telephones and private correspondence without a warrant. In June the National Assembly passed revisions to the penal code that permit wiretapping in terrorism cases, to be authorized by the president of a tribunal for a limited term. Investigative judges have the authority to authorize audio recording in private places. These investigations techniques are new in the legal framework. The national intelligence service is authorized to use technology for surveillance, national security, and counterterrorism purposes.

In December 2018 President Kabore declared a state of emergency in 14 provinces within seven of the country’s 13 administrative regions that granted additional powers to the security forces to carry out searches of homes and restrict freedom of movement and assembly. The state of emergency was extended on July 11 for an additional six months.

According to international and local independent rights groups, the military employed informant systems to generate lists of suspected terrorists based on anecdotal evidence. g. Abuses in Internal Conflict

Killings: There were at least 500 security force members and civilians that died as a result of actions by armed groups and terrorist groups, including ISGS, JNIM, and Ansaroul Islam, as well as more than 200 deaths of civilians allegedly resulting from the security forces’ counterinsurgency efforts.

According to Human Rights Watch, from August 2018 through March, security forces executed at least 116 civilians within a 30-mile radius of the town of Arbinda, whom they suspected of supporting or harboring terrorists. The

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Burkinabe Movement for Human Rights (MBDHP), a credible local human rights organization, documented 60 civilian deaths in Kahn and Bahn after a February 4 counterterrorist military operation executed by the security forces.

On March 18, during a counterterrorism military operation in the east, five civilians, four of whom were minors, were unintentionally killed by security force gunfire near the Boungou and Lopadi villages.

An investigation opened by the government in 2017 regarding allegations by Human Rights Watch of extrajudicial killings by soldiers in Damba remained open, with no arrests or charges made.

On June 9, dozens of armed unidentified gunmen, presumed to be terrorists by the government, killed at least 19 and injured 13 others in Arbinda in the north. On April 26, terrorists attacked a school in the village of Maitaougou, killing six civilians, including five teachers.

On May 12, terrorists attacked a Catholic church in the town of Dablo, killing six and wounding dozens more. On August 19, terrorist groups attacked the Koutougou military base located in the northwest, killing 24 soldiers and wounding dozens more.

On November 3, terrorists killed the mayor of Djibo and member of the National Parliament, Oumarou Dicko, along with three other passengers travelling by vehicle southward from Djibo towards Ouagadougou.

On November 6, terrorists killed 39 employees of the SEMAFO mining company in the East Region in a roadside ambush using an improvised explosive device and gunfire, injuring 60 others.

During the year terrorists killed seven municipal councilors.

On January 1, members of Koglweogo attacked a herding encampment outside the town of Yirgou, killing 49 ethnic Fulani civilians, according to the government, or more than 200 Fulani civilians, according to international aid organizations and local NGOs. The attack resulted in mass internal displacement of an estimated 25,000 civilians in the Center-North Region.

Abductions: Terrorists kidnapped dozens of civilians throughout the year, including international humanitarian aid and medical workers. For example, on

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February 2, terrorists kidnapped four Red Cross workers deployed on a humanitarian mission from their marked vehicle. In April terrorists belonging to ISIS kidnapped four international travelers, including a U.S. citizen, holding them hostage between one to four weeks before they were liberated by French special forces on May 9. In addition, terrorists kidnapped one mayor and two other municipal counselors.

Physical Abuse, Punishment, and Torture: According to Human Rights Watch and MBDHP, on several occasions, security force members tortured and beat civilians they suspected of having ties to terrorist groups, sometimes destroying their property. According to witnesses, in early August terrorists raped four women in the village of Naafo.

Other Conflict-related Abuse: Throughout the year armed groups and terrorists attacked medical facilities and hijacked ambulances and official vehicles of humanitarian and medical aid workers. Local authorities in the Sahel, North, and East Regions reported terrorists displaced thousands of civilians and limited movement in rural areas. On February 14, a bomb hidden in a corpse dressed in military uniform killed an army doctor and wounded two police officers. In July armed assailants, most likely belonging to violent extremist organizations Ansaroul Islam or JNIM, attempted to blow up a bridge connecting Djibo, the capital of Soum Province, to the rest of the country. On September 8, terrorists attacked a United Nations World Food Program convoy transporting food and materials for internally displaced persons (IDPs), killed two contracted civilian drivers, and seized and destroyed all materials.

Section 2. Respect for Civil Liberties, Including: a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right. In June the National Assembly voted to amend the penal code banning journalists from reporting any security-related news in an effort to preserve national security and prevent the demoralization of the military. Attempts to “demoralize” members of the military was previously a crime, but the code was amended to state “by any means,” presumably to criminalize any press or other media intended to demoralize security forces. A 2015 law decriminalizes press offenses and replaces prison sentences with penalties ranging from one million to five million CFA francs ($1,700 to

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$8.500). Some editors complained that few newspapers or media outlets could afford such fines.

Despite the advent of the 2015 law, journalists occasionally faced criminal prosecution for libel and other forms of harassment and intimidation.

Freedom of Expression: The June revision of the penal code criminalizes communicating the position or movements of defense forces, or sites of national interest or of a strategic nature, and the publication of any terrorist crime scene without authorization. The law also permits a judge, at the request of a “public minister” (prosecutor), to block internet websites or email addresses being used to spread “false information” to the public. Local and international associations of journalists called for the rejection of the amendments as an unacceptable attempt to stifle freedom of speech. The law significantly increases penalties for the existing crime of publicly insulting another person if electronic communications are used to publish the insult, and it prohibits persons from insulting the head of state or using derogatory language with respect to the office.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, albeit with some restrictions. Foreign radio stations broadcast without government interference.

All media are under the administrative and technical supervision of the Ministry of Communications, which is responsible for developing and implementing government policy on information and communication. The Superior Council of Communication (CSC) monitored the content of radio and television programs, newspapers, and internet websites to enforce compliance with standards of professional ethics and government policy. The CSC may summon journalists and issue warnings for subsequent violations. Hearings may concern alleged libel, disturbing the peace, inciting violence, or violations of state security.

Censorship or Content Restrictions: In addition to prohibitions on publishing security-related information and insulting the head of state, the law also prohibits the publication of shocking images or material that demonstrates lack of respect for the deceased. Journalists practiced self-censorship, fearing that publishing blatant criticism of the government could result in arrest or closure of their newspaper.

Libel/Slander Laws: On September 23, the Djibo police filed a defamation suit for the “demoralization of police force” against the mayor of Djibo after he publicly denounced their behavior and accused them of rape and killing of civilians.

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Nongovernmental Impact: Terrorist groups sought to inhibit freedom of expression by forcing women, predominantly in the North and Sahel Regions, to cover their heads, forcing men to wear religious garb, preventing children from going to non-Quranic school, and prohibiting civilians from drinking alcohol, smoking, frequenting bars, and listening to music at the risk of beatings or death.

Internet Freedom

The government did not restrict or disrupt access to the internet, although the CSC monitored internet websites and discussion forums to enforce compliance with regulations.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government at times restricted these rights.

Freedom of Peaceful Assembly

On multiple occasions throughout the year, the government denied requests for permits to NGOs and civil society organizations who sought to organize demonstrations and rallies. The government stopped a planned rally by a coalition of civil society organizations and labor unions on September 16, using tear gas to disperse demonstrators. The government had previously denied a permit to the demonstrators to hold the march, but the group proceeded to hold the event anyway.

Political parties and labor unions may hold meetings and rallies without government permission, although advance notification and approval are required for public demonstrations that may affect traffic or threaten public order. If a demonstration or rally results in violence, injury, or significant property damage, penalties for the organizers include six months’ to five years’ imprisonment and fines of between 100,000 and two million CFA francs ($170 and $3,400). These penalties may be doubled for conviction of organizing an unauthorized rally or

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 13 demonstration. Demonstrators may appeal denials or imposed modifications of a proposed march route or schedule before the courts.

Freedom of Association

On November 13, the minister of territorial administration, decentralization, and social cohesion suspended the political party Renewal Patriotic Front for three months on the grounds the group had violated the charter of political parties when its leader publicly demanded the resignation of President Kabore on November 3 and again on November 11. c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/. d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: The government required citizens to carry a national identity document, and it authorized officials to request the document at any time. Without a national identity card, citizens could not pass between certain regions of the country and were subject to arrest and fines.

Armed terrorists restricted movement of thousands of rural inhabitants throughout the country by planting improvised explosive devices on major highways, hijacking vehicles, and setting up checkpoints. In response to dozens of attacks by unknown armed groups presumed to be terrorists, local authorities instituted a ban on motorcycle traffic from 7 p.m. to 5 a.m. in the East and North Regions. e. Internally Displaced Persons

Recurrent armed attacks and interethnic clashes throughout the northern and eastern regions caused a steep increase in the number of IDPs from 39,731 registered in October 2018 to more than 560,000 by the end of October, according to the UN Office of Humanitarian Affairs. Since January an average of 30,000 persons every month fled from their homes. The government worked effectively with international and local aid organizations to improve food, water, health

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 14 services, and protection of affected civilians against abuse and violations. The government promoted local integration of IDPs by offering limited assistance to host families. Nevertheless, during the year the National Commission for Human Rights criticized the government for failing to provide sufficient resources and medical services to IDPs resulting from the January 1 attack on Yirgou. f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Recurrent terrorist attacks hampered access by humanitarian workers to deliver lifesaving supplies and assistance to refugees and IDPs. On March 19, suspected terrorists killed two persons teaching refugee students at a secondary school in Djibo. UNHCR relocated 18 refugee students from Mentao refugee camp to Goudoubo refugee camp, allowing them to participate in their final exams. On May 24, suspected terrorists kidnapped three Burkinabe staff members of UNHCR’s international health partner, the Centre de Support en Sante International, resulting in the closure of a medical center for refugees. In July and August, hundreds of refugees living outside of camps in the North and Sahel Regions returned to camps seeking protection from attacks. On August 15, armed groups linked to violent extremist organizations attacked a security post on a main road near the Mentao refugee camp, killing three soldiers and wounding a refugee woman. In December 2018 a primary school in Mentao camp closed due to threats from terrorists.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Women, National Solidarity, Family, and Humanitarian Affairs, aided by the National Committee for Refugees, is the focal point for coordination of national and international efforts.

Freedom of Movement: According to UNHCR, police arbitrarily arrested Fulani refugees travelling from the Sahel Region to Ouagadougou on multiple occasions, sometimes holding them in detention overnight before releasing them.

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Access to Basic Services: According to UNHCR, public institutions such as banks, schools, and hospitals occasionally refused service to refugees on a discriminatory basis.

Temporary Protection: The government agreed to offer temporary protection to individuals who did not qualify as refugees, but there were no such applicants during the year. g. Stateless Persons

According to UNHCR, more than 700,000 habitual residents were legally or de facto stateless, mostly due to a lack of documentation. The Ministry of Justice, Human Rights, and Civic Promotion worked with UNHCR to deploy mobile courts to remote villages to issue birth certificates and national identity documents to residents who qualified for citizenship.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In the 2015 national elections, Roch Mark Christian Kabore won the presidency with 53 percent of the popular vote. His party, the People’s Movement for Progress, won 55 of the 127 seats in the National Assembly. The Union for Progress and Change won 33 seats, and the former ruling party, the Congress for Democracy and Progress, won 18 seats. National and international observers characterized the elections as free and fair.

The 2015 electoral code approved by the National Transitional Council stipulated the exclusion of certain members of the former political majority. The code stated that persons who “supported a constitutional change that led to a popular uprising” are ineligible to be candidates in future elections. In July 2018 the National Assembly passed a new electoral law that allows all political candidates to run for election and opened the vote to members of the Burkinabe diaspora in possession of a national identity card or passport.

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Participation of Women and Minorities: No laws limit participation of women and members of minorities in the political process, and they did participate. Although the gender quota law requires political parties to name women to fill at least 30 percent of the positions on their candidate lists in legislative and municipal elections, no political party met this requirement during the 2016 and the May 2017 make-up municipal elections. In March a new law establishing “zebra lists” mandates that electoral lists alternate names of men and women in order to better achieve a 30 percent quota. The law also establishes positive incentives for political parties respecting the quota, but no penalties for those who did not abide by the law. Parties and government officials stated women were less engaged in politics, due to cultural and traditional factors. Women held seven of 32 ministerial seats and 14 of 127 seats in the National Assembly.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Throughout the year the press reported cases of misappropriation, fraud, or other offenses. The NGO National Network for Anti-Corruption cited the customs, police and General Directorate of Land and Maritime Transport as the most corrupt entities in the government.

Corruption: In August the government announced it would prosecute 12 employees of Iamgold Essakane SA for smuggling and fraud in the marketing of gold and other precious substances as hazardous waste for illegal export. Authorities opened an investigation of former minister of defense Jean-Claude Bouda and Minister of Infrastructure Eric Bougouma for using government funds to build personal wealth.

Financial Disclosure: A 2015 anticorruption law requires government officials-- including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds--to declare their assets and any gifts or donations received while in office. The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance. As of September National Assembly members elected in 2015 had not complied with this law yet faced no sanctions.

In 2016 the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government officials’ spouses

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 17 and minor children. Infractions are punishable by a maximum prison term of 20 years and fines of up to 25 million CFA francs ($42,400). The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection with lawful income. Convicted offenders risk imprisonment for two to five years and a fine of five million to 25 million CFA francs ($8,500 to $42,400). A 2016 law limits the value of a gift a government official may receive to 35,000 CFA francs ($60).

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and somewhat responsive to their views.

Government Human Rights Bodies: As a result of a January 24 government reshuffle, President Kabore established the Ministry of Human Rights and Civic Promotion, separating it from the Ministry of Justice, which previously was charged with overseeing human rights. During the year the ministry organized several training sessions for security forces on the law of armed conflict, provided assistance to victims of terrorist- and gender-based violence, and organized antistigmatization and social cohesion campaigns. The government also assigned a human rights provost to accompany deployed troops during military operations in order to assure detainees were afforded proper treatment and due rights. On October 22, the minister of security administered human rights training to law enforcement members in Dori, the capital of the Sahel Region. This was the first of a series of three training sessions to be expanded to include security forces in other regions in the east and west.

The Office of the Ombudsman addresses citizen complaints regarding government entities and other bodies entrusted with a public service mission. The ombudsman, whom the president appoints for a nonrenewable five-year term and who may not be removed during the term, was generally viewed as effective and impartial.

The government-funded National Commission on Human Rights provides a permanent framework for dialogue on human rights concerns. Its members include 15 representatives of human rights NGOs, unions, professional associations, and the government. Although inadequately funded, the commission produced a well

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 18 documented report on intercommunal violence and made recommendations to the government on responding to IDP population needs.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Violence against women was prevalent, including rape and domestic violence. According to the penal code, rape is punishable by a prison sentence of 11 to 20 years and a fine of one million to three million CFA francs ($1,700 to $5,000) when committed against a minor between ages 13 and 15. The penalty is punishable by 11 to 30 years in prison and a fine of three to 10 million CFA francs ($5,000 to $17,000) when the victim is younger than age 13. Rape was widely underreported in part due to societal taboos and the drawn-out judicial process owing to the overburdened justice system. Media, however, reported on the prevalence of rape cases and subsequent convictions. For example, an investigation was underway into the rape of a 12-year-old girl in December 2018 who became pregnant.

Victims seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice could provide no statistics on prosecutions, convictions, or punishment. A government- run shelter for women and girls who were victims of gender-based violence welcomed victims regardless of nationality. In Ouagadougou the Ministry of Women, National Solidarity, Family, and Humanitarian Affairs assisted victims of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.

The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. To raise awareness of gender discrimination and reduce gender inequalities, the ministry organized numerous workshops and several awareness campaigns mainly in the North, Sahel, East, and Center-West Regions.

The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in prison. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in prison. Conviction of the foregoing abuses may also carry fines of 500,000 to one million CFA francs ($850 to $1,700).

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The law requires police to provide for protection of the victim and her minor children and mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. The law requires all police and gendarmerie units to designate officers to assist female victims of violence--or those threatened by violence--and to respond to emergencies; however, some units had not complied by year’s end. It also mandates the creation of care and protection centers in each commune for female victims of violence and a government support fund for their care. The centers receive victims on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer the victims to court.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a practice prohibited by law, and those found guilty are liable to a prison sentence of one to 10 years with a fine of 500,000 to three million CFA francs ($850 to $5,000). If a victim of FGM/C dies following the excision, the sentence increases to a term of 11 to 20 years’ imprisonment and a fine of one to five million CFA francs ($1,700 to $8,500). Accomplices are also punishable with penalties. The government continued to fund and operate a toll-free number to receive anonymous reports of the practice.

The government continued to fund the Permanent Secretariat of the National Council for the Fight Against the Practice of Excision. During the year it reported that 1,089 practitioners of FGM/C agreed to cease practicing excision. The government provided training to 6,272 health workers to strengthen their skills in caring for FGM/C-related medical complications, enabling medical care to reach 520 victims of excision.

In December 2018 the Ministry of Women, National Solidarity, Family, and Humanitarian Affairs convened 55 judicial actors and members of the ministry’s gender task force. The purpose was to discuss guidelines for the care of survivors and the application of the law on FGM/C and child marriage.

Other Harmful Traditional Practices: In the Center-East Region, self-proclaimed traditional healers performed rituals in which participants denounced relatives as witches they held responsible for their misfortune, and subsequently punished them. The latter were tied up, humiliated, beaten, and brutalized. Neighbors accused elderly women, and less frequently men, without support, living primarily in rural areas, and often widowed in the case of women, of witchcraft and subsequently banned them from their villages, beat them, or killed them. On

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August 8, a man accused of witchcraft was beaten to death by the population in Samba commune in Yako. Widows were disproportionately accused of witchcraft by male relatives, who then claimed their land and other inheritance. The law, which was seldom enforced, makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison, a fine of 300,000 to 1.5 million CFA francs ($500 to $2,500), or both.

Sexual Harassment: The law provides for sentences of three months to one year in prison and a fine of 300,000 to 500,000 CFA francs ($500 to $850) for conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative or in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law. Owing to social taboos, victims rarely reported sexual harassment.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the law generally provides the same legal status and rights for women as for men--including under family, labor, property, and inheritance laws--discrimination frequently occurred. Labor laws provide that all workers--men and women alike--should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property.

Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result, authorities often denied women the right to own property, particularly real estate. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.

The government conducted media campaigns to change attitudes toward women. It sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights.

Children

Birth Registration: Citizenship derives either from birth within the country’s territory or through a parent. Parents generally did not register births immediately;

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 21 lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the government periodically organized registration drives and issued belated birth certificates.

Child Abuse: The penal code provides for a prison sentence of one to three years with a fine of 300,000 to 900,000 CFA francs ($500 to $1,500) for those found guilty of inhuman treatment or mistreatment of children. On August 6, the government launched a National Child Protection Strategy to create a strengthened institutional, community, and family environment in order to ensure effective protection for children by 2023.

Early and Forced Marriage: The law prohibits forced marriage and provides for sentences ranging from six months to two years in prison for offenders, as well as a three-year prison sentence if the victim is younger than age 13.

According to the family code, “marriage can only be contracted between a man older than age 20 and a woman older than 17, unless age exemption is granted for serious cause by the civil court.” According to UNICEF, 10 percent of girls were married before the age of 15 and 52 percent before the age of 18. In March the government, in collaboration with UNICEF, launched a national campaign called “Do not call me Madam” to combat child marriage, as part of their National Strategy against Child Marriage, with the goal of eliminating child marriage by 2025. Despite government efforts at combatting early marriage, civil society organizations reported that minors, especially girls, were kidnapped on their way to school or to market and forced into early marriage. In May the government organized a travelling campaign called “zero child marriage,” targeting specific communes for education against the practice.

According to media reports, the traditional practice persisted of kidnapping, raping, and impregnating a girl and then forcing her family to consent to her marriage to her violator.

Sexual Exploitation of Children: The law provides penalties for conviction of “child prostitution” or child pornography of five to 10 years’ imprisonment, a fine of 1.5 to three million CFA francs ($2,500 to $5,000), or both. The minimum age of consensual sex is 15. A 2014 law criminalizes the sale of children, child commercial sexual exploitation, and child pornography. Children from poor families were particularly vulnerable to sex trafficking. The government did not report any convictions for violations of the law during the year. The penal code prescribes penalties of 11 to 20 years’ imprisonment and a fine of two million to 10

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 22 million CFA ($3,400 to $17,000) francs for sex trafficking involving a victim 15 years or younger. It also prescribes five to 10 years’ imprisonment and fines of one million and five million CFA francs ($1,700 and $8,500) for sex trafficking involving a victim older than age 15.

Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. Newspapers reported several cases of abandonment of newborn babies.

Displaced Children: Recurrent armed attacks displaced thousands of children. According to a UN humanitarian organization, women and children accounted for 85 percent of the IDPs (see section 2.e.). The government, in collaboration with humanitarian actors, provided 12,372 children with formal and informal education.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child- Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

There was no known Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system, or the provision of other state services. There is legislation to provide persons with disabilities less costly or free health care and access to education and employment. The law also includes building codes to provide for access to government buildings. The government did not effectively enforce these provisions.

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Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service.

The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs.

During the year President Kabore presided over a national forum on developing more socioeconomic inclusion for persons with disabilities. The government continued to arrange for candidates with vision disabilities to take the public administration recruitment exams by providing the tests in Braille. Additionally, authorities opened specific counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests. According to the Ministry of Education, children with disabilities attended school at lower rates than others, although the government provided for limited special education programs in Ouagadougou.

National/Racial/Ethnic Minorities

Longstanding conflicts between Fulani (Peuhl) herders and sedentary farmers of other ethnic groups sometimes resulted in violence. Herders commonly triggered incidents by allowing their cattle to graze on farmlands or farmers attempting to cultivate land set aside by local authorities for grazing. Government efforts at dialogue and mediation contributed to a decrease in such incidents. In the aftermath of the January attack on Yirgou, President Kabore and the minister of foreign affairs and cooperation convened ethnic and religious leaders in private audience in an attempt to de-escalate violence and promote community cohesion.

Between March 31 and April 1, terrorists reportedly shot and killed Cheickh Werem Issouf, a revered religious leader, along with six members of his family, in the village of Arbinda, and raped the women of his family. On April 1, dozens of ethnic Fulse killed at least 62 Fulani villagers in a reprisal attack, whom they suspected to be complicit with the terrorists that carried out the assassination of their leader.

Indigenous People

Indigenous persons and their institutions sometimes participated in decisions affecting their land. Exploitation of natural resources near indigenous land endangered the welfare and livelihoods of indigenous communities. A Chinese

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 24 construction project to build a hospital in a classified forest in Bobo-Dioulasso sparked a controversial debate and was strongly rejected by the local population. Indigenous communities criticized the government’s decision to downgrade 16 hectares (approximately 38 acres) of this forest and suggested that the hospital be built on another site. Following the controversy, the government suspended the project and commissioned an environmental impact study of the site. The results of the study were pending at year’s end.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.

Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. Medical facilities often refused to provide care to members of the transgender community, and LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.

LGBTI organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations, although incidents were not always reported due to stigma or intimidation.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS continued to be a problem and prohibited some individuals from receiving medical services due to fear of harassment. Families sometimes shunned persons who tested positive and sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some property owners refused to rent lodgings to persons with HIV/AIDS. The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.

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Other Societal Violence or Discrimination

Vigilante groups apprehended and sometimes arbitrarily detained individuals usually involved in petty crime, employing severe beatings to solicit a confession. On August 7, a security guard working for the Youga Gold Mine shot and killed a local artisanal miner. The following day an estimated 100 artisanal miners in the area launched an attack against the Youga Gold Mine, injuring several employees. According to journalists in the community, this attack was related to preexisting labor disputes at the mine and locals’ discontent over the hiring of foreign workers.

NGOs reported that police frequently discriminated against the Fulani, stigmatizing them as terrorists. According to NGOs, police often arrested them because of their physical appearance, interrogated them on terrorism charges, and finally released them without charging them.

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining

The law allows workers to form and join independent unions, except for essential workers, such as magistrates, police, military, and other security personnel, who may not join unions. The law provides unions the right to conduct their activities without interference.

The law provides for the right to strike, although it significantly limits that right. For strikes that call on workers to stay home and that do not entail participation in a rally, the union is required to provide eight to 15 days’ advance notice to the employer. If unions call for a march, they must provide three days’ advance notice to the city mayor. Authorities hold march organizers accountable for any property damage or destruction that occurs during a demonstration. The law also gives the government extensive requisitioning powers, authorizing it to requisition private- and public-sector workers to secure minimum service in essential services.

The law prohibits antiunion discrimination and allows a labor inspector to reinstate immediately workers fired because of their union activities. Relevant legal protections cover all workers, including migrants, workers in the informal sector, and domestic workers. There were no reports of antiunion discrimination during the year.

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The law provides for freedom of association and collective bargaining. The government effectively enforced the law. The law lists sanctions for violations, including warnings, penalties, suspension, or dissolution and were generally sufficient to deter violations. Penalties consist of imprisonment and fines and vary depending on the gravity of the violation. Amendments to the law award a legal existence to labor unions of NGOs, create a commission of mediation, and require that associations abide by the law concerning funding terrorism and money laundering. The law also states that no one may serve as the head of a political party and the head of an association at the same time.

The government generally respected freedom of association and the right to collective bargaining. The government generally respected the right of unions to conduct activities without interference. Unions have the right to bargain directly with employers and industry associations for wages and other benefits. Worker organizations were independent of the government and political parties. There were no reports of strikebreaking during the year. Government resources to enforce labor laws were not sufficient to protect workers’ rights.

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, which was where many worker rights violations occurred. b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law considers forced or compulsory any labor or service provided by an individual under the threat of any type of sanction and not freely offered. The government did not effectively enforce applicable laws. The government did not have a significant, effective program in place to address or eliminate forced labor. The government continued to conduct antitrafficking advocacy campaigns and operated a toll-free number for individuals to report cases of violence and trafficking. Penalties were not sufficiently stringent to deter violations.

Forced child labor occurred in the agricultural (particularly cotton), domestic labor, and animal husbandry sectors, as well as at gold panning sites and stone quarries. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 6, Children). Women from other West African countries were fraudulently recruited for employment and subsequently subjected to forced prostitution, forced labor in restaurants, or domestic servitude in private homes.

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See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/. c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor, including the commercial sexual exploitation of children, child pornography, mining, and jobs that harm the health of a child. The law sets the minimum age for employment at 16 and prohibits children younger than age 18 from working at night, except in times of emergency. The minimum age for employment was consistent with the age for completing educational requirements, which is 16. In the domestic labor and agricultural sectors, the law permits children who are 13 and above to perform limited activities for up to four and one-half hours per day. Penalties were sufficient to deter violations.

The government was implementing the National Action Plan to combat the worst forms of child labor and to reduce significantly exploitative child labor.

The plan coordinated the efforts of several ministries and NGOs. Its goals included greater dissemination of information in local languages, increased access to services such as rehabilitation for victims, revision of the penal code to address the worst forms of child labor, and improved data collection and analysis. The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor.

The government did not consistently enforce the law. Largely due to the insecurity imposed by violent extremist groups, the Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked transportation and access and other resources to enforce worker safety and the minimum age law. No data were available on number of prosecutions and convictions during the year.

Child labor took place in the agricultural sector, or in family-owned small businesses in villages and cities. There were no reports of children younger than age 15 employed by either government-owned or large private companies. Children also worked in the mining, trade, construction, and domestic labor sectors. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children younger than age 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 28 suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings. d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations.

Discrimination occurred based on race, color, sex, religion, political opinion, social origin, gender, disability, language, sexual orientation or gender identity, HIV- positive status or having other communicable diseases, or social status with respect to employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination. e. Acceptable Conditions of Work

The law mandates a minimum monthly wage in the formal sector, which does not apply to subsistence agriculture or other informal occupations. The minimum wage was less than the poverty income level.

The law mandates a standard workweek of 40 hours for nondomestic workers and a 60-hour workweek for household employees. The law provides for overtime pay, and there are regulations pertaining to rest periods, limits on hours worked, and prohibitions on excessive compulsory overtime.

The government sets occupational health and safety standards. There are explicit restrictions regarding occupational health and safety in the labor law. Employers must take measures to provide for safety and protect the physical and mental health of all their workers and verify that the workplace, machinery, materials, substances, and work processes under their control do not present health or safety risks to the workers.

The law requires every company with 30 or more employees to have a work safety committee. If an employee working for a company with fewer than 30 employees

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 29 decides to remove himself due to safety concerns, a court rules on whether the employee’s decision was justified.

The Ministry of Civil Service, Labor, and Social Security is responsible for enforcing the minimum wage and hours of work standards. The government employed 255 labor inspectors, an increase of more than 50 percent compared with the previous year, surpassing the International Labor Office’s technical advice of the appropriate level of labor inspectors for the country. Ministry inspectors and labor tribunals are responsible for overseeing occupational health and safety standards in the small industrial and commercial sectors, but these standards do not apply in subsistence agriculture and other informal sectors.

These standards were not effectively enforced. Penalties for violations were insufficient to deter violations. There were no reports of effective enforcement of inspection findings during the year.

Employers often paid less than the minimum wage. Employees usually supplemented their income through reliance on extended family, subsistence agriculture, or trading in the informal sector. Employers subjected workers in the informal sector, who made up approximately 50 percent of the economy, to violations of wage, overtime, and occupational safety and health standards.

Between April and June, approximately 500 workers lost their jobs at Youga gold mine, and foreign workers were hired instead. Some Burkinabe workers were critical of the dismissals, stating that management violated the 2015 mining code by hiring unqualified foreign workers instead of giving preference to local employees as stipulated in the code. Mining operations at Youga were suspended on June 7, as employees and management could not reach an agreement regarding work schedules and wages. In particular, the company proposed a 14-day work period with a single day of rest and an hourly wage as opposed to a monthly salary; workers rejected the proposals. Labor laws call for a 24-hour rest period every week, unless an exception has been granted with the consent of a labor inspector.

Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor

TAB 3

Utrikesdepartementet Denna rapport är en sammanställning grundad på Utrikesdepartementets bedömningar. Rapporten gör inte anspråk på att ge en fullständig bild av läget för de mänskliga rättigheterna, demokrati och rättsstatens principer i landet. Information bör också sökas från andra källor.

Burkina Faso - Mänskliga rättigheter, demokrati och rättsstatens principer per den 30 juni 2019

I. SAMMANFATTNING

Sedan presidenten Blaise Compaoré störtades år 2014 genomgår Burkina Faso en demokratiseringsprocess. Landet styrs sedan 2015 av en demokratiskt vald president. Det finns ett flertal politiska partier som kan verka fritt i samhället. Yttrande, mötes-och åsiktsfrihet respekteras och den politiska debatten är pluralistisk. Landet har ett dynamiskt och självständigt civilt samhälle. Kvinnors politiska representation är låg. Parlamentet består av 13 kvinnliga och 114 manliga ledamöter och i regeringen finns sju kvinnliga ministrar av totalt 34.

Burkina Fasos rättssystem präglas av ineffektivitet och korruption. Enbart en liten andel av de brott som anmäls når domslut. Dödsstraffet avskaffades 2018. Antalet väpnade attacker från självförsvarsgrupper mot polis, militär och civila har ökat kraftigt under 2018 och 2019, vilket bland annat lett till en stor grupp internflyktingar, 180 000 personer, som har begränsad tillgång till bland annat mat, vatten, vård och utbildning. Upprepade väpnade attacker i kombination med svag kapacitet hos polis, militär och gendarmeri har gett självförsvarsgrupper, koglwéogo, ökat inflytande på landsbygden. Både självförsvarsgrupper och de burkinska försvarsstyrkorna har av människorättsorganisationer

1 (18) anklagats för mord och utomrättsliga avrättningar i de delar av landet som drabbats hårdast av det eskalerande våldet.

Antalet barnäktenskap och påtvingade äktenskap är oförändrat högt. Åtnjutandet av sexuella och reproduktiva rättigheter är begränsat. Mödradödligheten är hög, avsaknaden av grundläggande hygien och utrustning skapar infektionsrisker för mödrar och nyfödda barn. Påtvingade barnäktenskap och utebliven sex-och samlevnadsundervisning leder till oönskade tonårsgraviditeter.

Befolkningens åtnjutande av de ekonomiska, sociala och kulturella rättigheterna är begränsat. Andelen av befolkningen som lever i fattigdom uppgår till dryga 40 procent vilket återspeglas i att landet rankas på plats 183 av 188 länder i FN:s utvecklingsprograms (UNDP) index för mänsklig utveckling. Den bristande tillgången till sanitetsanläggningar och vatten samt till odlingsmark, uppges som stora hinder för att uppnå en tillfredsställande levnadsstandard. Den ekonomiska ojämlikheten är betydande. Andelen barnarbete är hög.. Grundskolan dras med brister i kvaliteten på undervisningen.

Nationell lag garanterar män och kvinnor samma rättigheter men i praktiken är diskriminering av kvinnor utbredd. Kvinnor har en underordnad ställning i samhället och har ofta sämre möjligheter till utbildning och arbete, sämre äganderätt och sämre tillgång till krediter. Könsstympning av flickor och kvinnor är olagligt men utbrett . Burkina Faso har ingen lagstiftning som kriminaliserar homosexualitet men det finns heller ingen lagstiftning som skyddar hbtq-personer mot hatbrott eller diskriminering.

II. RÄTTSSTATENS PRINCIPER

Burkina Faso har sedan självständigheten 1960 haft flera olika konstitutioner och undantagsregimer. Den nu gällande konstitutionen antogs 1991 och lade då grunden för en fjärde republik. Rättsstatens principer, demokrati och individens fri- och rättigheter finns inskrivna i konstitutionen. Regeringen utses av presidenten och är ansvarig inför parlamentet. Sedan slutet av 2015 styrs landet av en demokratiskt vald regering. Den förre presidenten, Blaise Compaoré, tvingades avgå 2014 efter en folkresning. Då hade han suttit 27 år vid makten.

2 (18) Under 2016 arbetade en grundlagskommitté fram ett förslag till en ny konstitution som skulle innebära en förstärkning av de mänskliga rättigheterna. Centrala punkter i förslaget till ny konstitution är att republikens president bara kan omväljas en gång, att parlamentets övervakande roll över regeringen stärks och att flera statliga kontrollorgan åtnjuter grundlagsstöd. Enligt förslaget ska inte heller parlamentets president kunna omväljas mer en gång. Den nya konstitutionen har dock inte antagits, mot bakgrund av avsikten att detta ska ske genom en folkomröstning. I den stund den nya konstitutionen antas övergår landet till en femte republik.

Under 2016 antogs en ny lag för skapandet av en nationell kommission för de mänskliga rättigheterna. Kommissionens roll är att vara ett självständigt och effektivt organ för efterlevnaden av mänskliga rättigheter i Burkina Faso. Arbetet med att operationalisera kommissionen går långsamt framåt.

Korruption är vanligt förekommande inom offentlig administration och rättssystemet. Anti-korruptionsorganisationen REN-LAC:s rapport för 2017 visar att 69 procent av de tillfrågade i en enkätundersökning bedömer att korruption är vanligt eller mycket vanligt i Burkina Faso. I Transparency Internationals index över upplevd korruption har Burkina Faso 2018 plats 78 av 180. Den nuvarande regeringen har nolltolerans mot korruption som uttalad policy. Genom förändring av konstitutionen etablerades en statlig kontroll- och antikorruptionsmyndighet, ASCE-LC, i november 2015. Myndigheten har mandat att verka för transparens och finansiell kontroll och har en självständig roll. Myndigheten är ny och det kommer sannolikt att ta tid att utarbeta effektiva arbetssätt.

Burkina Faso rankades år 2019 som 73 av 126 länder på World Justice Projects rättsstatsindex.

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Rättssäkerhet Rättssystemet är överlag ineffektivt, korrupt och har tidvis varit utsatt för politisk påverkan. De största utmaningarna utgörs av ett föråldrat regelverk, ett otillräckligt antal domstolar, orimligt höga rättegångskostnader och att juristkåren är dåligt betald och korrupt. Detta har bidragit till att fall blir liggande och att antalet uppklarade fall har sjunkit till mycket låga nivåer. Det finns en oskuldspresumtion och domar kan överklagas.

Rättssystemets oberoende och effektivitet är starkt ifrågasatt av den allmänna opinionen. Förtroendet för rättsväsendet är lågt. Detta beror dels på en historik av politiska brott där domslut ännu inte nåtts, dels på rättssystemets ineffektivitet. Enbart en liten andel av de brott som anmäls når domslut. Samtidigt kan personer som misstänks för brott sitta häktade under mycket långa perioder, ibland över ett år. Även minderåriga kan sitta häktade under långa perioder och dömas till fängelsestraff.

Militära domstolar ansvarar för samtliga brott där militär personal anklagas för att ha brutit mot den militära uppförandekoden. Detta innebär att militärdomstolen har ansvar för flera stora fall som berör den tidigare regimens agerande. Rättigheterna i militärdomstolen är desamma som i allmänna (icke militära) domstolar exempelvis när det gäller rätt till juridiskt ombud, att rättegångar är offentliga och vad gäller oskuldspresumtionen. Även i militärdomstolar dömer civila domare. I juli 2017 antogs en ny lag för styrning av militärdomstolar, denna lag innebär bland annat att även civila kan ställas inför rätta i militärdomstol.

Straffrihet och ansvarsutkrävande Straffriheten i Burkina Faso är omfattande och förekommer på alla nivåer i samhället, både för allvarliga och mindre allvarliga brott. Rättsvårdande myndigheter har inlett utredningar om övervåld i samband med folkresningen 2014, statskuppen 2015 och för några uppmärksammade mordfall begångna under den tidigare regimen. Undersökningskommissionerna, som tillsattes för att utreda brott i samband med folkresningen, har inte fått i uppdrag att utreda kränkningar av de mänskliga rättigheterna i samband med dessa fall. I februari 2018 inleddes rättegången mot de som står anklagade för brott i samband med statskuppen 2015. Att det rättsliga efterspelet dragit ut på

4 (18) tiden har bidragit till kritiken mot rättssystemet. Rättsprocessen är nu inne i sitt slutskede.

III. DEMOKRATI

De politiska rättigheterna och de politiska institutionerna Samtliga medborgare över 18 år har rätt att rösta och kandidera i val. En stor andel av befolkningen saknar dock identitetshandlingar. De är därmed inte registrerade som medborgare och kan inte heller rösta. Från 2020 kommer medborgare bosatta i utlandet för första gången ha möjlighet att rösta, efter att en förändring av vallagen röstades igenom av parlamentet i juli 2018. Den största gruppen medborgare i utlandet befinner sig i Elfenbenskusten där det potentiellt beräknas finnas 1,5 miljoner röstberättigade burkinier.

Den 29 november 2015 genomfördes fria president- och parlamentsval i Burkina Faso. En lång rad nationella och internationella observatörer kunde konstatera att vallagens föreskrifter följts och att valfusk inte förekommit. Andelen kvinnor i det politiska systemet minskade. Enbart tolv kvinnor (9,5 procent) tog plats i det nyvalda parlamentet, att jämföra med 19 procent år 2012. Partiväsendet i Burkina Faso hämmas av det stora antalet partier (14) som är representerade i parlamentet. Flera av partierna är så pass små att de inte lyckas upprätthålla ett minimum av funktioner.

Kommunalval genomfördes fredligt i maj 2016. Valdeltagandet var 48 procent och välorganiserade nationella valobservatörer kunde konstatera att vallagen följts och valfusk inte förekommit. I slutet av 2020 ska nya president- och parlamentsval hållas. Dessa val är av yttersta vikt för konsolideringen av demokratin i Burkina Faso. Det råder dock viss osäkerhet kring möjligheterna att genomföra dessa val i de delar av landet som drabbats hårdast av det försämrade säkerhetsläget. Om valen inte kan genomföras i hela landet skulle det få en effekt på valdeltagandet och kunna äventyra valresultatets legitimitet.

Oppositionen är mångfacetterad och dynamisk och den verkar utan repressalier. Förslaget till ny konstitution inkluderar ökad maktbalans mellan den exekutiva och legislativa makten, där presidentens makt ämnas minska i förhållande till parlamentet. Det föreslås bland annat att presidenten aldrig ska kunna skaffa sig befogenheter för att kunna bli 5 (18) omvald efter att ha tjänat maxtiden två mandatperioder.

Det civila samhällets utrymme Burkina Faso har ett dynamiskt och självständigt civilt samhälle, vilket tydligt visades i samband med övergången till demokrati. Fackföreningar och civilsamhällesorganisationer finns i stor mängd och med stor tematisk bredd. Totalt beräknas omkring 12 000 olika organisationer finnas i det burkinska civilsamhället. Arenor för politisk dialog har byggts upp i samverkan med regeringen. Strejkrätten respekteras och kritik mot regeringen förekommer kontinuerligt och helt öppet. Lagstiftningen kräver att organisationer i civilsamhället registreras hos myndigheterna. Människorättsförsvarare är fria att agera och kritisera utan repressalier. I juni 2017 röstades en ny lag igenom med syfte att stärka skyddet av människorättsförsvarare. Det finns dock brister i verkställandet av lagen.

Enligt en ny lag som röstades igenom i juni 2019 kan personer som agerar på ett sådant sätt att försvarsstyrkor ”demoraliseras” dömas till höga böter eller långt fängelsestraff upp till tio år. Detta är en reaktion på det ökade antalet terroristattacker i landet, där polis och militär regelbundet utsätts för attentat.

IV. MEDBORGERLIGA OCH POLITISKA RÄTTIGHETER

Respekt för rätten till liv, kroppslig integritet och förbud mot tortyr De senaste åren har allt fler väpnade attacker mot civila, polis, och militär skett i Burkina Faso. Dessa har skett i framförallt de norra och östra delarna av landet men också i huvudstaden Ouagadougou. Totalt registrerades 223 säkerhetsincidenter under 2018 enligt FN:s kontor för samordning av humanitär hjälp (OCHA) och cirka 180 000 internflyktingar har tvingats lämna sina hem.

I kölvattnet av de väpnade attackerna har traditionella självförsvarsgrupper, Koglwéogo, tagit sig an ett utvidgat ansvar för säkerhet när polis och gendarmeri inte uppfattats ha tillräckliga resurser att skydda lokalbefolkningen. Även om lagstiftningen ger våldsmonopol till staten har regeringen agerat med försiktighet. I framför allt landets östra delar är det folkliga stödet för Koglwéogo starkt, och många uppfattar att de bidragit till ökad säkerhet. Regeringen försöker hitta

6 (18) former för att inordna Koglwéogo under ordinarie polisstyrkor, men det lokala motståndet mot detta är betydande.

Enligt rapporter i både burkinsk och internationell media är Koglwéogo ansvariga för en rad dödliga incidenter i Yirgou i norra Burkina Faso i januari 2019. Incidenterna ska ha varit en hämndaktion efter en väpnad attack med sju döda som följd. Enligt den officiella dödssiffran mördades 49 personer, men organisationer i det burkinska civila samhället bedömer att upp till 210 personer kan ha dött. Inga misstänkta har ännu åtalats och myndigheterna har varken bekräftat vilka aktörer som var inblandade eller justerat den officiella dödssiffran. Fler fall av påstådda övergrepp och mord begångna av Koglwéogo har rapporterats.

Politiska mord och utomrättsliga avrättningar har förekommit i Burkina Faso. Juridiska processer pågår, men inget av de historiska fallen som rör den tidigare regimen har ännu lett till domslut. Under demonstrationerna 2014 och 2015 dödade den numera upplösta säkerhetsstyrkan RSP (Regiment de Securité Presidentiel) totalt 33 obeväpnade demonstranter och omkring 900 skadades. I dessa fall pågår rättsliga processer. Enligt Human Rights Watch ska burkinska försvarsstyrkor under 2018 och 2019 ha gjort sig skyldiga till utomrättsliga avrättningar i de områden som har drabbats mest av det rådande säkerhetsläget. Även den väletablerade burkinska människorättsorganisationen Mouvement Burkinabé des droits de l'Homme et des peuples (MBDHP) har rapporterat om dessa utomrättsliga avrättningar. Flertalet av de fall av mord och utomrättsliga avrättningar som utförts har enligt ovanstående rapporter riktats mot den etniska gruppen Fulani (fr. Peul).

Tortyr är förbjudet enligt konstitutionen. Flera fall av tortyr har dock rapporterats av människorättsförsvarare. Detta rör i första hand personer som säger sig ha blivit utsatta för tortyr eller andra typer av övergrepp när de blivit gripna av polisen eller befunnit sig i polisiärt förvar. Detta möjliggörs i viss mån av de långa häktningstiderna. Inget fall av tortyr ska ha lett till åtal.

De villkor som råder i fängelser uppfyller inte internationell standard. Enligt människorättsförsvarare inträffar dödsfall i fängelser och

7 (18) arrestlokaler som en följd av bristfälliga förhållanden och försummelser. Människorättsorganisationen MBDHP har rapporterat att det i genomsnitt sker ett till två dödsfall i månaden bland de intagna. Även justitieministeriets egna rapporter bekräftar höga dödstal. Minderåriga och vuxna sitter åtskilda i fängelset i huvudstaden Ouagadougou, men inte i provinsfängelser. Häktade förvaras med redan dömda. Kvinnor hålls under bättre villkor än män, till stor del därför att de är färre till antalet. Det råder brist på sjukvårdspersonal och mat, vilket leder till att de internerade blir beroende av anhöriga för att kunna äta. Sanitetsanläggningarna är mycket rudimentära. Fängelserna är överbelagda, vilket bland annat förklaras av det ineffektiva rättssystemet med långa häktningstider.

Burkina Faso är ett transitland för handel för sexuella ändamål med kvinnor och barn. Det förekommer att burkinska barn rekryteras för tvångsarbete i jordbruk, guldutvinning, gatuförsäljning, arbete i hem, och – som i fallet med elever i koranskolor – för att tjäna ihop till sitt eget uppehälle. Burkinska barn transporteras till grannländer för tvångsarbete eller sexhandel.

Dödsstraff I maj 2018 avskaffades dödstraffet. Även i förslaget till ny konstitution föreslås att dödstraff förbjuds. Den senaste avrättningen i Burkina Faso skedde 1988. Regeringen har därefter förbundit sig att inte verkställa några dödsdomar.

Rätten till frihet och personlig säkerhet Konstitutionen och lagstiftningen förbjuder godtyckliga frihetsberövanden. Enligt International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) förekommer enstaka fall av gripanden av hbtq-personer anklagade för brott som andra normalt inte grips för. Fri rörlighet är lagfäst och gäller även mellan länder inom samarbetet i Västafrikanska staters ekonomiska gemenskap (Economic Community of West African States, ECOWAS).

Yttrande-, press- och informationsfrihet, inklusive på internet Burkina Faso har fria och dynamiska medier. I Reportrar utan gränsers pressfrihetsindex rankas landet på plats 36 av 180 länder för år 2019. Detta innebar en förbättring från plats 42 år 2016.

8 (18) Det finns inga statliga restriktioner vad gäller användande av internet men i praktiken har endast en ytterst liten del av befolkningen tillgång till en internetuppkoppling. 3G finns, men fungerar dåligt och till höga kostnader. Det finns ingen officiell begränsning av yttrandefriheten. Kvinnors och flickors systematiska underordning i samhället begränsar dock deras möjligheter att göra sin röst hörd. Kvinnor är underrepresenterade i all media, civilsamhällesorganisationer, alla beslutande organ från lokal till central nivå, politiska partier, regering och parlament.

Rätten till mötes- och föreningsfrihet Föreningsfriheten är grundlagsfäst och respekteras i hög utsträckning av myndigheterna. Politiska partier och fackföreningar kan samlas utan att begära tillstånd hos myndigheterna. De flesta demonstrationer genomförs enligt plan utan våldsamheter eller polisingripanden. Vid enstaka tillfällen har det förekommit att demonstrationer skingras med tårgas.

Religions- och övertygelsefrihet Burkina Faso är en sekulär stat och rätten att fritt välja, byta och utöva eller inte utöva religion är grundlagsfäst. Religiöst färgad undervisning är inte tillåten i de offentliga skolorna. Religiösa organisationer måste registreras hos myndigheterna. Visst statligt stöd utgår till de tre stora religiösa grupperna – muslimer, katoliker och protestanter. En statlig myndighet (ONAFAR) har till uppgift att övervaka hur regelverket för religiösa organisationer efterlevs och för att främja tolerans och dialog mellan trosriktningar.

V. EKONOMISKA, SOCIALA OCH KULTURELLA RÄTTIGHETER

Rätten till arbete, rättvisa arbetsvillkor och relaterade frågor Närmare 85 procent av arbetskraften är sysselsatt i lågproduktivt, delvis självförsörjande jordbruk. Andra informella sektorer av ekonomin är också utbredda. Burkina Faso har ratificerat samtliga ILO:s åtta kärnkonventioner. Arbetslagstiftningen är utvecklad och detaljerad, och det finns ett socialförsäkringssystem för anställda i den formella sektorn av ekonomin. Den fackliga organiseringsgraden är hög. Både den formella och informella ekonomin har drabbats hårt av det svåra säkerhetsläget i landet.

9 (18) I Burkina Faso finns begränsade allomfattande sociala försäkringssystem. Det är istället fackföreningar, civilsamhällsorganisationer, kooperativ och andra som tar för att säkerställa sociala trygghetslösningar. Kvinnor utgör mellan sju och åtta procent av löntagarkollektivet. I yrken som kräver högre utbildning utgör de fyra procent – en andel som legat konstant lågt de senaste tio åren. Kvinnorna är vidare, på grund av diskriminering, de mest utsatta arbetarna i den informella ekonomin. Andelen barnarbete är mycket hög, fyra av tio barn arbetar, mestadels inom jordbruk och boskapsskötsel, men även inom gruvnäring, trots att lagstiftningen mot barnarbete har skärpts.

Rätten till bästa uppnåeliga fysiska och mentala hälsa Trots förbättringar de senaste 30 åren förblir det övergripande hälsoläget i Burkina Faso prekärt. Enligt Världshälsoorganisationen (WHO) beräknades 2015 den förväntade livslängden till 60 år. Endemiska epidemier är fortsatt en stor utmaning. Det bekymmersamma läget förklaras främst av en bristande tillgång till grundläggande hälso- och sjukvård samt grundläggande samhällsservice som vatten och sanitet. En lag om universell sjukförsäkring antogs 2015 av parlamentet.

De mest sårbara grupperna är mödrar och barn. Dödligheten hos barn under fem år uppmättes 2015 till 89 per 1 000 barn enligt WHO. Mödradödligheten är hög och ligger på 371 kvinnor per 100 000 födslar. Den har dock nästan halverats sedan 1990. Avsaknaden av grundläggande hygien och utrustning skapar höga infektionsrisker för mödrar och nyfödda barn. Enligt Amnesty International kan en fjärdedel av mödradödligheten härledas till osäkra aborter. Lagstiftningen avseende abort reviderades 2018 och innebär en förbättring för sexuella och reproduktiva rättigheter. En graviditet kan avbrytas, efter läkares tillstånd, vid fara för moderns liv eller vid fosterskador och utan tidsrestriktioner. Abort kan utföras upp till 14:e graviditetsveckan i de fall då kvinnan utsatts för våldtäkt eller incest. Brott ska fastslås i domstol innan tillstånd till abort utfärdas. I praktiken innebär det långsamt fungerande rättssystemet ett hinder i tillgången till säkra aborter vid våldtäkt eller incest. Det saknas även tillgång till information bland stora delar av befolkningen gällande möjligheterna att få abort.

10 (18) Påtvingade barnäktenskap och obefintlig eller bristfällig sex- och samlevnadsundervisning leder till oönskade tonårsgraviditeter. Enligt WHO har enbart 17 procent av kvinnor tillgång till preventivmedel, för flickor mellan 15 och 19 år ligger siffran på sju procent. Höga kostnader, långa avstånd till hälsocentraler och apotek, brist på information och mäns negativa inställning till preventivmedel anges som de viktigaste orsakerna till denna låga användningsgrad. Varje kvinna i Burkina Faso föder i medel 5,3 barn. Födelsetalet har dock minskat från 1990 när det låg på sju barn per kvinna.

Tillgången till vård för psykisk ohälsa är mycket begränsad. Antalet öppen- och slutenvårdsanläggningar för psykisk ohälsa uppgick enligt WHO 2016 till 0,6 per 100 000 invånare.

Rätten till utbildning Grundskola är obligatorisk och kostnadsfri upp till 16 års ålder. Eleverna får dock betala för bland annat skoluniformer. Andelen pojkar som börjar grundskolan är 65 procent och andelen flickor 61 procent, enligt Unicef. Av pojkarna fortsätter 19 procent på sekundärnivån och av flickorna 15 procent. Regeringen arbetar med att öka antalet skolor, rekrytera och utbilda fler lärare, genomföra pedagogiska reformer med barns rättigheter i fokus, utöka undervisning på lokalspråk och insatser för att bättre integrera fransk-arabisk språkundervisning i skolsystemet.

Bristen på utbildade lärare, skolbyggnader och latriner främst på landsbygden innebär i praktiken hinder för många. Bristen på latriner, vatten och tvål på skolområdena innebär ett synnerligen stort hinder för menstruerande flickors skolgång. Den fjärdedel av alla barn som saknar födelseattester kan inte heller skrivas in i skolorna. Vidare brister kvaliteten på undervisningen i många avseenden. Undervisning sker på franska, och inte på barns modersmål och antalet elever i varje klassrum överstiger inte sällan 100.

Som en följd av det eskalerande våldet i vissa delar av Burkina Faso har 145 000 barn inte längre tillgång till utbildning enligt Rädda Barnen. Över 2 000 skolor har stängt till en följd av våldet, varav hälften i Sahel- regionen, enligt OCHA. Skolor har också varit ett direkt mål för väpnade attacker. Enligt Rädda barnen riktades 37 procent av alla attacker under 2018 mot skolor.

11 (18) I landet finns omkring 7 000 koranskolor med sammanlagt 140 000 elever, i huvudsak pojkar. Undervisningen i dessa skolor omfattar i liten grad läs- och skrivkunnighet eller andra ämnen som ingår i den nationella läroplanen. Det förekommer att elever i koranskolor tigger ihop pengar som sedan går till skolorna.

Rätten till en tillfredsställande levnadsstandard och social trygghet Burkina Faso är ett av världens fattigaste länder, med placering 183 av 189 på UNDP:s index för mänsklig utveckling. Drygt 40 procent av befolkningen lever under den nationella fattigdomsgränsen, enligt en hushållsundersökning från 2014. Detta utgör en minskning från 46 procent 2009. Nära nio av tio av de som lever i fattigdom bor på landsbygden. I takt med ökad urbanisering ökar dock andelen som lever i fattigdom i städer. Mäts fattigdomen flerdimensionellt är den högst i de norra och östra delarna av landet. Människor i dessa landsändar saknar i hög grad tillgång till utbildning, sanitet och energi, detta har dessutom förvärrats av den rådande säkerhetssituationen.

Tillgången till vatten har förbättrats i stora delar av landet men skillnader kvarstår mellan urbana områden och landsbygden. Enligt Unicef hade 76 procent av hushållen på landsbygden tillgång till rent dricksvatten 2015, att jämföra med 97 procent av hushållen i urbana områden. Vatten för odling saknas ofta under den långa torrperioden från oktober till maj. Tillgången till latriner var 2015 sju procent bland hushåll i landsbygdsområden, och 50 procent i urbana områden.

VI. RÄTTEN ATT INTE UTSÄTTAS FÖR DISKRIMINERING

Kvinnors åtnjutande av de mänskliga rättigheterna Burkina Faso är ett av världens minst jämställda länder och hamnade 2017 på plats 145 av 159 länder på UNDP:s jämställdhetsindex (Gender Inequality Index). Nationell lag ger män och kvinnor samma rättigheter men i praktiken är diskriminering av kvinnor utbredd. Kvinnor har en underordnad ställning i samhället och har ofta sämre möjligheter till utbildning och arbete, äganderätt och tillgång till krediter. Även om lagen erkänner lika arvsrätt går enligt praxis familjens och kollektivets rättigheter går före individens. Detta leder oftast till att kvinnor förnekas rätt till mark. Kvinnan anses istället vara en ägodel som efter mannens död kan ärvas av dennes släktingar. Enligt en rapport från organisationen Care International är mäns kontroll över kvinnors

12 (18) inkomster fortsatt omfattande.

Flera hundra tusen flickor och kvinnor får sina rättigheter begränsade på grund av att de gifts bort ofrivilligt och i låg ålder. Förekomsten av tvångs- och barnäktenskap är omfattande. Enligt Unicef gifter sig 52 procent av flickorna innan de fyllt 18 år och tio procent innan 15 års ålder. Den legala åldersgränsen för äktenskap för flickor är 17 år. Regeringen har inte vidtagit effektiva åtgärder för att hindra dessa äktenskap och erbjuder inte skydd i form av säkra härbärgen för de flickor och kvinnor som utsätts. Enbart ett sådant härbärge finns i dagsläget i Burkina Faso. Enligt Amnesty International är det endast ett tiotal flickor varje år som anmäler att de utsatts för tvångsäktenskap och de ansvariga lagförs inte.

I oktober 2015 antogs en lag i syfte att förebygga och beivra våld mot kvinnor och flickor. Lagen omfattar även tvångsäktenskap liksom sexuellt våld och straffskalorna skärptes. En undersökning beställd av Interparlamentariska unionen anger att en tredjedel av landets kvinnor utsatts för fysiskt våld, i flertalet fall är förövarna offrets partner. Stora mörkertal föreligger dessutom eftersom rädslan för repressalier är stor bland dem som anmäler. Enligt människorättsorganisationer är våldtäkter vanliga, men tillförlitlig statistik över rapporterade eller anmälda fall saknas.

Könsstympning av flickor och kvinnor är utbrett i Burkina Faso trots att det har varit olagligt sedan 1996. Könsstympning orsakar dödsfall och funktionsnedsättning bland kvinnor och flickor. Enligt Amnesty International uppgav, år 2015, 68 procent av kvinnorna i Burkina Faso i åldern 15 till 49 år att de hade genomgått könsstympning. Enligt Unicef är 90 procent av de som utsätts för könsstympning under tio år. Den fortsatta utövningen kan förklaras av den djupa förankring könsstympning har i traditionella sedvänjor. Få åtalas under den nuvarande lagen.

Kvinnors deltagande i det politiska livet är begränsat. Den nuvarande vallagen från 2009 ställer krav på att politiska partier ska inkludera minst 30 procent män och kvinnor på sina vallistor. I praktiken är lagen tandlös och har inte resulterat i några konkreta resultat. Kvinnors deltagande i beslutsfattande organ på landsbygden är ytterst begränsat

13 (18) och det finns i dagsläget ingen nationell strategi för att avhjälpa detta.

Barnets rättigheter Andelen barn som andel av befolkningen är mycket hög. Burkina Faso har ratificerat samtliga centrala internationella konventioner för barns rättigheter och skydd. Barnarbete är trots det mycket vanligt i landet. Omkring 39 procent av alla barn mellan fem och 17 år arbetar helt eller delvis. År 2015 skärptes lagstiftningen kring barnarbete, inte minst inom gruvnäring. Åldersregleringen är strikt. Minimiålder för yrkesarbete är 16 år och för farligt arbete 18 år. Barnarbete inom hantverksmässig brytning av guld är mycket vanligt, trots enorma hälsorisker. En studie gjord av Unicef år 2010 visade att 83 procent av barnen som jobbade med guldbrytning aldrig gått i skolan och 67 procent jobbade mer än 10 timmar om dagen.

Burkina Faso är ursprungsland, genomfartsland och destination för handel med barn. Handeln med barn förser främst fyra olika sektorer med arbetskraft: guldbrytning, den informella sektorn, jordbruk och hushållstjänster.

Straffbarhetsåldern i Burkina Faso är 13 år. Minderåriga ska hållas avskilda från vuxna i häkte och fängelse, men tillämpningen är bristfällig. Ungefär tre procent av befolkningen i landets fängelser är under 18 år. Gatubarn förekommer, men är ovanligt eftersom barn ofta tas om hand av släktingar när behov uppstår. Minimiålder för värvning till de väpnade styrkorna är 20 år och inget tyder på att detta inte respekteras.

Rättigheter för personer som tillhör nationella, etniska, språkliga och religiösa minoriteter samt urfolk Franska är det officiella språket i Burkina Faso. En ny lag antogs i maj 2019 för att stärka inhemska språks ställning och användning, bland annat i den statliga administrationen. Det finns ett sextiotal etniska grupper i landet och dessas inbördes förhållanden har fram tills nyligen kännetecknats av relativ fredlig samlevnad över etniska gränser. En kraftig befolkningsökning har dock bidragit till konflikter om mark-och betesrättigheter och en allt hårdare konkurrens om naturresurser. Därtill har spänningar uppstått i samband med det eskalerande antalet väpnade attacker mot civila och responsen från självförsvarsgrupper och de burkinska försvarsstyrkorna. 14 (18)

Vedergällningsaktioner som inkluderat utomrättsliga avrättningar har enligt rapporter från människorättsorganisationer som Human Rights Watch och MBDHP i hög grad riktats mot den etniska gruppen Fulani (fr. Peul). Gruppen, som i huvuddel är boskapsskötare och nomader, har historiskt sett upplevt sig vara marginaliserade och diskriminerade av den burkinska staten. Burkina Fasos konstitution erkänner inte heller gruppens ställning som urfolk. Gruppen har bland annat begränsade möjligheter till att nyttja grundläggande samhällsservice som utbildning och vård.

Hbtq-personers åtnjutande av mänskliga rättigheter Burkina Faso har ingen lagstiftning som kriminaliserar homosexualitet men det finns heller ingen lagstiftning som skyddar hbtq-personer mot hatbrott eller diskriminering. Hbtq-personer utsätts för utbredd diskriminering och våld eller hot om våld. Att identifiera sig som hbtq- person är tabubelagt av samhället. I en enkät utförd av Afrobarometer hamnade Burkina Faso på plats tre av de mest homofoba länderna i Afrika.

Organisationer som arbetar med rättigheter för hbtq-personer har ingen framträdande ställning i landet och har inte kunnat registrera sig. I Burkina Faso finns organisationer som jobbar med hiv och aids-frågor och som till viss del riktar in sig på män som har sex med män.

Godtyckliga frihetsberövanden av hbtq-personer förekommer. Enligt ILGA greps, mellan mars 2017 och december 2018, tio hbtq-personer i Ouagadougou och ytterligare 38 i Bobo-Dioulasso, landets näst största stad. Enligt nätverket Queer African Youth Network har det hänt att hbtq-personer dömts för brott som personer med annan sexuell läggning inte döms för, till exempel prostitution eller otukt. Det är dock osäkert hur vanligt förekommande detta är.

Flyktingars och migranters rättigheter Nationell lag ger möjlighet att söka asyl och beviljas flyktingstatus. För närvarande finns omkring 29 000 flyktingar från Mali i Burkina Faso. Dessa gavs flyktingstatus när de anlände och placerades i läger administrerade av FN:s flyktingkommissarie (UNHCR). UNHCR har på olika sätt arbetat för flyktingars möjlighet till självförsörjning och integrering i det burkinska samhället. Detta har dock försvårats på 15 (18) grund av det försämrade säkerhetsläget i Burkina Faso.

I landet finns 180 000 internflyktingar som flytt på grund av det eskalerande våldet. Internflyktingarna har ökat från 8 000 sedan augusti 2018 och antalet väntas fortsätta öka kraftigt under 2019. Förutom förlorade inkomstmöjligheter har dessa otillräcklig tillgång till bland annat mat, vatten, vård och utbildning. Nio av tio internflyktingar bor i värdsamhällen. 11 000 burkinier har även flytt till Mali.

Rättigheter för personer med funktionsnedsättning Nationell lag förbjuder diskriminering av människor med fysisk eller psykisk funktionsnedsättning när det gäller anställningar, tillgång till utbildning, hälsovård eller andra tjänster som staten tillhandahåller. Regler för att öka tillgång för personer med funktionsnedsättning till sådana tjänster har också införts, men tillämpningen av dem är bristande.

Utbildningsmöjligheter för personer med funktionsnedsättning är begränsade. Enligt Handicap International saknar 85 procent av personer med funktionsnedsättning utbildning, 56 procent har inte tillgång till yrkessysselsättning och 73 procent av barnen med funktionsnedsättning går inte i skolan. Hindren är många och inkluderar brist på tillgänglighetsanpassade lokaler, specialutbildade lärare och avsaknad av anpassade manualer. Personer med funktionsnedsättning har också begränsad tillgång till anpassade vårdinsatser. En utbredd uppfattning är att personer med funktionsnedsättning bör stanna i hemmen och att familjen bör sörja för dem.

VII. EXEMPEL PÅ SVENSKT OCH INTERNATIONELLT ARBETE RÖRANDE MÄNSKLIGA RÄTTIGHETER, DEMOKRATI OCH RÄTTSTATENS PRINCIPER I LANDET

Sverige har ett omfattande utvecklingssamarbete med Burkina Faso inom mänskliga rättigheter, demokrati och rättsstatens principer. Regeringens demokratisatsning, som går ut på att Sverige i alla sammanhang ska stå upp för demokratiska principer, arbeta för att stärka demokratin och uttrycka kritik när den brister, genomförs också i Burkina Faso. En strategi för Sveriges utvecklingssamarbete med landet gäller från 2018 till 2022. Strategin har ett starkt fokus på mänskliga 16 (18) rättigheter, demokrati, rättsstatens principer och jämställdhet. Inom ramen för strategin ger Sverige stöd till Burkina Fasos parlament. Stödets syfte är att stärka parlamentets lagstiftande och ansvarsutkrävande roll och för att främja en fördjupad dialog med medborgarna. Sverige stödjer kontroll- och antikorruptionsmyndigheten och justitieministeriets arbete med att genomföra rekommendationerna från FN:s universella granskningsmekanism (UPR).

Vidare stödjer Sverige det civila samhället genom stöd till den svenska organisationen Diakonia och lokala partnerorganisationer. Dessa har i samarbete med varandra etablerat en mekanism för ökat ansvarsutkrävande av myndigheter inom en rad olika samhällsområden. Sverige ger även stöd till Fondation Hirondelle, en schweizisk organisation som arbetar för en inkluderande och transparent samhällsdebatt genom att producera medieinnehåll riktat till unga på en rad olika språk. Slutligen ger Sverige även stöd till olika insatser för att stärka arbetet för jämställdhet, bland annat till National Democratic Institute för att främja kvinnors och ungas deltagande i politiken och till Diakonia för att driva en jämställdhetsfond.

EU:s förbindelser med Burkina Faso går tillbaka till 1959. EU spelar en aktiv roll i internationella och regionala politiska fora som exempelvis GISAT-BF (International Follow-up and Support Group for the Transition in Burkina Faso) och G5 Sahel, ett samarbete mellan fem länder i Sahelregionen. EU stödjer också aktivt övergångsprocessen till demokrati, inklusive genom stöd till valprocesserna 2015 och 2016. Den politiska dialogen behandlar olika utvecklingsaspekter, såsom politik för fredsbyggande, säkerhet, konfliktförebyggande och konfliktlösning, regionalt samarbete, respekt för de mänskliga rättigheterna, demokratiska principer som grundar sig på rättsstatens principer och öppen och ansvarsfull förvaltning av offentliga angelägenheter. En betydande del av EU:s finansiering är avsedd till främjande av gott samhällsstyre i olika aspekter, inklusive rättsstatens principer och god lokal samhällsstyrning.

FN-systemet är väletablerat i Burkina Faso och har traditionellt haft ett fokus på långsiktigt utvecklingssamarbete, med inriktning på bland annat god samhällsstyrning och jämställdhet. Nio FN-organ har

17 (18) landskontor i Burkina Faso, däribland UNDP, UNHCR, Unicef och FN:s befolkningsfond (UNFPA).

Den senaste granskningen i FN:s universella granskningsmekanism ägde rum i maj 2018 och av totalt 204 rekommendationer accepterades 184. Sverige gav tre rekommendationer: främja ett självständigt och effektivt rättssystem; få slut på bruket av könsstympning av kvinnor och flickor och lagföra förövarna; fastställa minsta ålder för äktenskap för både flickor och pojkar till 18 år; samt, vidta rättsliga åtgärder för att förhindra barnäktenskap och påtvingade äktenskap. Alla tre rekommendationer accepterades av Burkina Faso.

VIII. RATIFICERING AV CENTRALA KONVENTIONER OM MÄNSKLIGA RÄTTIGHETER

Internationella konventionen om medborgerliga och politiska rättigheter (International Covenant on Civil and Political Rights ) ratificerades år 1999. Det fakultativa protokollet om enskild klagorätt ratificerades år 1999. Burkina Faso är inte part till det fakultativa protokollet om avskaffandet av dödsstraffet.

Internationella konventionen om ekonomiska, sociala och kulturella rättigheter (International Covenant on Economic, Social and Cultural Rights, ICESCR) ratificerades år 1999. Burkina Faso är inte part till det fakultativa protokollet om enskild klagorätt.

Internationella konventionen om avskaffandet av alla former av rasdiskriminering (International Convention on the Elimination of all forms of Racial Discrimination, ICERD) ratificerades år 1974.

Konventionen om avskaffandet av alla former av diskriminering mot kvinnor (Convention on the Elimination of All Forms of Discrimination Against Women, CEDAW) ratificerades år 1987. Det fakultativa protokollet om enskild klagorätt ratificerades år 2005.

Konventionen mot tortyr, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) ratificerades år 1999. Det fakultativa protokollet om förebyggande av tortyr ratificerades år 2010.

18 (18) Konventionen om barnets rättigheter (Convention on the Rights of the Child, CRC) ratificerades år 1990. Det fakultativa protokollet om indragning av barn i väpnade konflikter och det fakultativa protokollet om försäljning av barn, barnprostitution och barnpornografi ratificerades år 2007 respektive år 2006.

Konventionen om rättigheter för personer med funktionsnedsättning (Convention on the Rights of Persons with Disabilities, CRPD) ratificerades år 2009.

Internationella konventionen till skydd för alla människor mot påtvingade försvinnanden (International Convention for the Protection of All Persons from Enforced Disappearances, ICED) ratificerades år 2009.

1951 års konvention angående flyktingars rättsliga ställning (Convention Relating to the Status of Refugees, 1951 Refugee Convention) och det tillhörande protokollet ratificerades år 1980. Romstadgan för internationella brottmålsdomstolen (Rome Statute of the International Criminal Court) ratificerades år 2004.

Regionala instrument Afrikanska stadgan om mänskliga och folkens rättigheter (African Charter on Human and Peoples Rights, ACHPR) ratificerades år 1984.

Tilläggsprotokollet om kvinnors rättigheter ratificerades år 2006.

Afrikanska stadgan om barnens rättigheter och välfärd (African Charter on the Rights and Welfare of the Child, ACRWC), ratificerades år 1992.

19 (18)

20 (18) Translation of Excerpt of Governmental Source Pages 1 and 15: Burkina Faso - Mänskliga rättigheter, demokrati och rättsstatens principer per den 30 juni 2019

Government Offices of Sweden

Ministry of Foreign Affairs This report is based on assessments by the Ministry of Foreign Affairs. The report does not claim to provide a complete picture of the situation regarding human rights, democracy, and the rule of law in the country. Information should also be sought from other sources.

Burkina Faso - Human rights, democracy, and the rule of law in the country as of June 30, 2019

I. SUMMARY Since President Blaise Compaoré was overthrown in 2014, Burkina Faso is undergoing a process of democratization. The country has been governed since 2015 by a democratically elected president. There are several political parties, which operate freely in the society. Freedom of speech, assembly and opinion are respected, and the political debate is pluralistic. The country has a dynamic and independent civil society. The representation of women in political life is low. Parliament consists of 13 female and 114 male members and, in the cabinet, there are seven female ministers of a total of 34.

Burkina Faso's legal system is characterized by inefficiency and corruption. Only a small proportion of the crimes reported reach a verdict. The death penalty was abolished in 2018. The number of armed attacks by militia groups against police, military, and civilians has increased sharply in 2018 and 2019, which, among other things, has led to a large group of internally displaced persons, i.e., 180,000 persons, who have limited access to, among other things, food, water, healthcare, and education. Repeated armed attacks in combination with a weak police force, military and gendarmerie has provided the militia, koglwéogo, increased influence in the countryside. Both the militia and Burkina Faso’s armed forces have by human rights organizations…

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1. Translation of Excerpt of Governmental Source Pages 1 and 15: Burkina Faso - Mänskliga rättigheter, demokrati och rättsstatens principer per den 30 juni 2019

Retaliation actions that have included extrajudicial executions, according to reports from human rights organizations, such as Human Rights Watch and MBDHP, were largely targeted at the Fulani ethnic group (Fr. Peul). Members of the group, which is mainly pastoralists and nomads, have historically experienced themselves as marginalized and discriminated against by the Burkina Faso state. Burkina Faso's constitution also does not recognize the group's position as an indigenous people. The group has, among other things, limited opportunities to use basic community services, such as education and healthcare.

LGBTQ people's enjoyment of human rights Burkina Faso has no legislation criminalizing homosexuality but there is also no legislation that protects LGBTQ people from hate crimes or discrimination. LGBTQ people are exposed to widespread discrimination and violence or threats of violence. To identify as a LGBTQ person is tabooed by society. In a survey conducted by Afrobarometer, Burkina Faso landed in third place among the most homophobic countries in Africa.

Organizations that work with the rights of LGBTQ people do not have prominent positions in the country and have not been able to register. There are organizations in Burkina Faso that work with HIV and AIDS issues and which, to some extent, target men who have sex with men.

Arbitrary incarceration of LGBTQ people occurs. According to ILGA, between March 2017 and December 2018, ten LGBTQ people were arrested in Ouagadougou and another 38 in Bobo- Dioulasso, the country's second largest city. According to the Queer African Youth Network, it has happened that LGBTQ people have been convicted of crimes that persons with another sexual orientations have not convicted of, e.g., prostitution or fornication. However, it is not certain how common this is.

The rights of refugees and migrants National law provides the opportunity to seek asylum and be granted refugee status. There are currently approximately 29,000 refugees from Mali in Burkina Faso. These were given refugee status when they arrived and were placed in camps administered by the United Nations High Commissioner for Refugees (UNHCR). UNHCR has worked in various ways for refugees' opportunities for self-sufficiency and integration into Burkina Faso society. However, this has been made more difficult due to the fact…

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2. December 23, 2020

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Burkina Faso - Mänskliga rättigheter, demokrati och rättsstatens principer per den 30 juni 2019

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Patrick Evanson Production Manager Linguistic Systems TAB 4 BURKINA FASO 2018 HUMAN RIGHTS REPORT

EXECUTIVE SUMMARY

Burkina Faso is a constitutional republic led by an elected president. In 2015 the country held peaceful and orderly presidential and legislative elections, marking a major milestone in a transition to democracy. President Roch Mark Christian Kabore won with 53 percent of the popular vote, and his party--the People’s Movement for Progress--won 55 seats in the 127-seat National Assembly. National and international observers characterized the elections as free and fair.

Civilian authorities generally maintained effective control over security forces.

Human rights issues included arbitrary deprivation of life by violent extremist organizations; torture and degrading treatment by security forces and vigilante groups; arbitrary detention by security personnel; life-threatening detention conditions; official corruption; violence against women; and forced labor and sex trafficking, including of children.

The government investigated and punished some cases of abuse, but impunity for human rights abuses remained a problem. The government investigated alleged violations by vigilante groups and security forces but in most cases did not prosecute them.

More than 50 terrorist attacks throughout the country resulted in dozens of deaths, particularly of security personnel and local government officials, kidnappings, and the displacement of civilians, especially in the Sahel Region, located in the northernmost part of the country. As of May forced closures of more than 473 schools affected more than 64,659 students.

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

Unknown assailants, but assumed to belong in some capacity to violent extremist organizations, waged attacks on security forces throughout the year. These included attacks on law enforcement, military, customs, and park ranger outposts, patrols, and the use of improvised explosive devices (IEDs) detonated under security vehicles. On March 2, in downtown Ouagadougou, terrorist organization BURKINA FASO 2

Jama’at Nasr al-Islam wal Muslimin (JNIM) attacked National Army Headquarters and the French embassy, killing eight security personnel. Between August and October, dozens of Burkinabe, including three civilians, died in attacks conducted in the Est Region. b. Disappearance

There were no reports of disappearances by or on behalf of government authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices; in 2014 the National Assembly adopted a law to define and prohibit torture and all related practices.

On February 19, a provincial director of the national police, Alexandres Kawasse, assaulted an 11-year-old girl at his residence. His subordinates reported him, resulting in his arrest on February 23. Authorities relieved him of his duties and charged him with assault on a minor; a judicial police investigation was ongoing at year’s end.

Prison and Detention Center Conditions

Conditions in prisons and detention facilities were harsh and at times life threatening due to overcrowding and inadequate sanitary conditions and medical care.

Physical Conditions: Authorities held pretrial detainees with convicted prisoners. Female prisoners had better conditions than those of men, in large part due to less crowding. Prisoners received two meals a day, but diets were inadequate, and inmates often relied on supplemental food from relatives. In some prisons overcrowding or severe overcrowding exacerbated inadequate ventilation, although some cells had electricity and some inmates had fans. Sanitation was rudimentary.

According to prison administration officials and medical staff, no prisoner deaths occurred during the year at the Central Prison in Ouagadougou (MACO) or the High Security Prison in Ouagadougou.

There were no appropriate facilities or installations for prisoners or detainees with disabilities, who relied on other inmates for assistance.

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 3

A human rights nongovernmental organization (NGO) reported that prison guards at the MACO occasionally used excessive physical force, inflicting injuries on prisoners.

Food, potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate in the majority of detention facilities across the country. Tuberculosis, HIV, AIDS, and malaria were the most common health problems among prisoners. For example, at the High Security Prison, there were three nurses employed to treat 673 detainees and prisoners, with no doctor present on site but available on an on-call basis. Detention conditions were better for wealthy or influential citizens, or detainees considered nonviolent.

Local media regularly reported on cases of detainees who had spent more than one year without trial.

Administration: There were no reports that authorities failed to investigate credible allegations of inhuman prison conditions.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prison authorities regularly granted permission to representatives of local and international human rights groups, media, foreign embassies, and the International Committee of the Red Cross to visit prisons without advance notice.

Improvements: In November 2017 the Ministry of Justice, Human Rights, and Civic Promotion sent a team to assess prison conditions and interview detainees, convicted prisoners, and prison guards in 95 percent of the country’s prisons and detention centers. Throughout the year the government funded an awareness and training campaign for prison administration staff. To address overcrowding, the government funded a building expansion at the prison in Bobo-Dioulasso. As of October, however, there was no evidence that these measures effectively reduced overcrowding. During the year the ministry also appointed a special advisor for gender and vulnerable populations in prisons.

To improve detention conditions, improve prisoner health, and facilitate social reintegration of prisoners, the Ministry of Justice, Human Rights, and Civic Promotion launched a three-year prison reform project with EU support. Prison administration officials allowed NGOs and religious organizations regular access to prisoners to provide supplementary psychological and medical care.

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 4 d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of persons to challenge the lawfulness of their arrest or detention in court. Arbitrary arrests occurred, and judicial corruption and inadequate staffing of the judiciary deterred detainees from challenging the lawfulness of their arrest in court.

Role of the Police and Security Apparatus

The Ministry of Internal Security and the Ministry of Defense are responsible for internal security. The Ministry of Internal Security includes the National Police and the gendarmerie. The army, which operates within the Ministry of Defense, is responsible for external security but sometimes assists with missions related to domestic security. Use of excessive force, corruption, widespread impunity, and lack of training contributed to police ineffectiveness. The government announced some investigations were in progress, and others had resulted in prosecutions. Inadequate resources also impeded police effectiveness.

The Military Justice Administration examines all cases involving killings by military personnel or gendarmes to determine whether they occurred in the line of duty or were otherwise justifiable. The administration refers cases deemed outside the line of duty or unjustifiable to civilian courts. Civilian courts automatically handle killings involving police. The gendarmerie is responsible for investigating abuse by police and gendarmes, but it rarely made public the results of its investigations.

NGOs and the Ministry of Justice, Human Rights, and Civic Promotion conducted numerous training activities on human rights for security forces throughout the year.

Arrest Procedures and Treatment of Detainees

By law police and gendarmes must possess a court-issued warrant based on sufficient evidence before apprehending a person suspected of committing a crime, but authorities did not always follow these procedures. Authorities did not consistently inform detainees of charges against them. By law detainees have the right to expeditious arraignment, bail, access to legal counsel, and, if indigent, access to a lawyer provided by the government after being charged. A judge may order temporary release without bail pending trial. Authorities seldom respected

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 5 these rights. The law does not provide detainees access to family members, although authorities generally allowed detainees such access through court-issued authorizations.

The law limits detention without charge for investigative purposes to a maximum of 72 hours, renewable for a single 48-hour period. In terrorism investigations, the law allows detention for a 10-day period. In cases not related to terrorism, police rarely observed the law, and the average time of detention without charge (preventive detention) was one week. Once authorities charge a suspect, the law permits judges to impose an unlimited number of consecutive six-month preventive detention periods while the prosecutor investigates charges. Authorities often detained defendants without access to legal counsel for weeks, months, or even years before the defendant appeared before a magistrate. There were instances in which authorities detained suspects incommunicado.

Arbitrary Arrest: On August 29, elite security forces arrested political and web activist Safiatou Lopez, an outspoken critic of the government, without a warrant, encircling her house at nightfall and flying an intelligence drone overhead. Without presenting any evidence, authorities charged her with an attempt to “destabilize the state.” At year’s end she remained in detention.

Pretrial Detention: Authorities estimated 46 percent of prisoners nationwide were in pretrial status. In some cases authorities held detainees without charge or trial for longer periods than the maximum sentence for conviction of the alleged offense. A pretrial release (release on bail) system exists, although the extent of its use was unknown.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law provides persons arrested or detained the right to challenge in court the legal basis or arbitrary nature of their detention. Prisoners who did so, however, reportedly faced difficulties due to either judicial corruption or inadequate staffing of the judiciary. e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the judiciary was corrupt, inefficient, and subject to executive influence, according to NGOs. There were no instances in which the trial outcomes appeared predetermined, and authorities respected court orders. Legal codes remained outdated, there were not

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 6 enough courts, and legal costs were excessive. Citizens’ poor knowledge of their rights further weakened their ability to obtain justice.

Military courts try cases involving military personnel charged with violating the military code of conduct. Rights provided in military courts are equivalent to those in civil criminal courts. Military courts are headed by a civilian judge, hold public trials, and publish verdicts in the local press.

Trial Procedures

The law presumes defendants are innocent. Defendants have the right to be promptly informed and in detail of the charges, with free assistance of an interpreter. Trials are public but may be delayed. Judicial authorities use juries only in criminal cases. Defendants have the right to be present at their trials and to legal representation, consultation, and adequate time and facilities to prepare a defense. Defendants have the right to provide evidence. Defendants have the right not to be compelled to testify or confess guilt, but a refusal to testify often resulted in harsher decisions. Defendants may challenge and present witnesses, and they have the right of appeal. In civil cases where the defendant is destitute and files an appeal, the state provides a court-appointed lawyer. In criminal cases court- appointed lawyers are mandatory for those who cannot afford one. The law extends these rights to all defendants, but the government did not always respect these rights, due in part to popular ignorance of the law and a continuing shortage of magistrates and court-appointed lawyers.

The Ministry of Justice, Human Rights, and Civic Promotion claimed courts usually tried cases within three months, although human rights organizations reported major case backlogs. The 2011 “processing of criminal penalties in real time” reform to shorten pretrial detention allows the prosecutor and investigators (police and gendarmerie) to process a case prior to the criminal hearing. This countrywide approach allows authorities to inform defendants of the charges and trial date before authorities release them pending trial.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees during the year, although some arrests and detentions may have been politically motivated.

In December 2017 security forces arrested and detained Colonel Auguste Denise Barry on charges of “conspiracy to destabilize the state,” although the government

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 7 did not provide any evidence to justify his arrest. On August 29, authorities provisionally released him without a trial.

Civil Judicial Procedures and Remedies

There is an independent judiciary in civil matters, but it was often inefficient, corrupt, and subject to executive influence. As a result, citizens sometimes preferred to rely on the Office of the Ombudsman (see section 5, Government Human Rights Bodies) to settle disputes with the government.

The law provides for access to a court to file lawsuits seeking damages for, or cessation of, a human rights violation, and both administrative and judicial remedies were available for alleged wrongs. Victims of human rights violations may appeal directly to the Economic Community of West African States (ECOWAS) Court of Justice, even before going through national courts. For civil and commercial disputes, authorities may refer cases to the ECOWAS Common Court of Justice and Arbitration in Abidjan, Cote d’Ivoire. The courts issued several such orders during the year.

There were problems enforcing court orders in sensitive cases involving national security, wealthy or influential persons, and government officials. f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and the government generally respected these prohibitions. In cases of national security, however, the law permits surveillance, searches, and monitoring of telephones and private correspondence without a warrant. g. Abuses in Internal Conflict

Killings: As of October 18, alleged terrorists belonging to Ansaroul Islam, JNIM and Islamic State Greater Sahara (ISGS) carried out more than 35 attacks throughout the country, killing at least 34 security force members and 13 civilians. For example, on September 15, unidentified armed individuals shot and killed eight citizens, including an imam and his family members, in the villages of Diapiga and Kompienbiga in the Est Region. Between August and October, terrorist groups carried out seven attacks using IEDs in the Est Region. On April

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 8

1, terrorists claiming to be from ISGS shot and killed Hamidou Koundaba, mayor of Koutougou in the Sahel Region.

Authorities continued to investigate Human Rights Watch’s (HRW) allegations that state security forces executed 14 individuals suspected of engaging in terrorist activities in December 2017. As of September 16, the minister of justice had appointed a military prosecutor, who created an investigative commission composed of judicial police officers to interview witnesses.

Abductions: As of November 16, terrorist groups associated with JNIM and ISGS abducted at least 12 individuals throughout the country. For example, on April 12, terrorists kidnapped primary school teacher Issouf Souabo in the northern town of Bourou, allegedly because he was teaching in French. A stray bullet fired during the abduction killed Sana Sakinatou, a primary school student. Terrorists released Souabo on June 11.

Physical Abuse, Punishment, and Torture: According to HRW, on February 26, the bodies of Harouna Hassan Dicko and Housseni Ousmanne Dicko were found in the northern town of Djibo with deep gashes in their throats. Neighbors reported that jihadists had abducted and tortured the men because they had provided information to the government.

Other Conflict-related Abuse: NGOs reported that terrorist groups recruited boys under age 15 to fight. Local authorities in the Sahel, Nord, and Est Regions reported that terrorists displaced thousands of civilians and limited movement in rural areas.

Section 2. Respect for Civil Liberties, Including: a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right. A 2015 law decriminalizes press offenses and replaces prison sentences with penalties ranging from one million to five million CFA francs ($1,800 to $9,200). Some editors complained that few newspapers or media outlets could afford such fines.

Despite the advent of the 2015 law, journalists occasionally faced criminal prosecution for libel and other forms of harassment and intimidation.

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 9

Freedom of Expression: The law prohibits persons from insulting the head of state or using derogatory language with respect to the office. On June 14, authorities arrested web activist Naim Toure after he criticized the government in a Facebook post for failing to deliver adequate medical care to soldiers recently wounded in the line of duty. On July 3, a judge sentenced Toure to two months in jail.

Press and Media Freedom: There were numerous independent newspapers, satirical weeklies, and radio and television stations, some of which strongly criticized the government. Foreign radio stations broadcast without government interference. Government media outlets--including newspapers, television, and radio--sometimes displayed a progovernment bias but allowed significant opposition participation in their newspaper and television programming.

All media are under the administrative and technical supervision of the Ministry of Communications, which is responsible for developing and implementing government policy on information and communication. The Superior Council of Communication (CSC) monitored the content of radio and television programs, newspapers, and internet websites to enforce compliance with standards of professional ethics and government policy. The CSC may summon journalists and issue warnings for subsequent violations. Hearings may concern alleged libel, disturbing the peace, inciting violence, or violations of state security.

Censorship or Content Restrictions: In addition to prohibitions on insulting the head of state, the law also prohibits the publication of shocking images or material that demonstrates lack of respect for the deceased. Journalists practiced self- censorship, fearing that publishing blatant criticism of the government could result in arrest or closure their newspaper.

Internet Freedom

The government did not restrict or disrupt access to the internet, although the CSC monitored internet websites and discussion forums to enforce compliance with regulations. According to the International Telecommunication Union, 16 percent of the population used the internet in 2017.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. b. Freedoms of Peaceful Assembly and Association

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 10

Freedom of Peaceful Assembly

The constitution and law provide for freedom of peaceful assembly, and the government generally respected this right.

In October 2017 national police arrested Pascal Zaida, a civil society leader and open government critic, for holding a demonstration to protest against the administration without a permit. National police issued a statement that they had denied his three prior requests to protest because the protest presented “a risk of disturbing public order.” Authorities released Zaida in November 2017 after 37 days in pretrial detention.

Political parties and labor unions may hold meetings and rallies without government permission, although advance notification and approval are required for public demonstrations that may affect traffic or threaten public order. If a demonstration or rally results in violence, injury, or significant property damage, penalties for the organizers include six months to five years’ imprisonment and fines of between 100,000 and two million CFA francs ($180 and $3,600). These penalties may be doubled for conviction of organizing an unauthorized rally or demonstration. Demonstrators may appeal denials or imposed modifications of a proposed march route or schedule before the courts. c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/. d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: The government required citizens to carry a national identity document (ID), and it authorized officials to request the ID at any time. Without a national ID card, citizens could not pass between certain regions of the

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 11 country and were subject to arrest and fines. On September 2, in Bobo Dioulasso, local police fired warning shots to stop vehicles in a wedding procession, resulting in the injury and hospitalization of two women.

Armed terrorists restricted movement of thousands of rural people in the north. In response to dozens of attacks by unknown armed assailants presumed to be terrorists, local authorities instituted a ban on motorcycle traffic from 7 p.m. until 5 a.m. in the Est and Nord Regions.

Internally Displaced Persons (IDPs)

Attacks in the Nord and Est Regions caused a steep increase in the number of IDPs from 3,600 in October 2017 to 39,731 registered in October 2018, according to the UN Office of Humanitarian Affairs. In response, the Ministry of Justice, Human Rights, and Civic Promotion organized a training session August 29-31 in the northern town of Dori to educate development partners on the international human rights standards afforded to IDPs. The majority of IDPs were located in the Sahel, Nord, and Centre-Nord Regions.

Protection of Refugees

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Women, National Solidarity, and Family, aided by the National Committee for Refugees (CONAREF), is the focal point for coordination of national and international efforts.

In 2012 fighting resumed in northern Mali between government forces and Tuareg rebels, resulting in the flight of more than 250,000 Malians to neighboring countries, including Burkina Faso. According to UNHCR, approximately 50,000 Malians--most of them Tuaregs and Arabs--fled across the border to Burkina Faso and registered with local authorities as displaced persons. Authorities granted all displaced persons from Mali prima facie refugee status, pending the examination of all applications individually. Authorities settled most of the refugees in Soum and Oudalan Provinces in the Sahel Region. The ministry, aided by CONAREF, was the government’s focal point to help coordinate all national and international efforts. During the year, refugees received an undetermined amount of government assistance.

Stateless Persons

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 12

According to UNHCR, more than 700,000 habitual residents were legally or de facto stateless, mostly due to a lack of documentation. During the year the Ministry of Justice, Human Rights, and Civic Promotion worked with UNHCR to deploy mobile courts to remote villages in order to issue birth certificates and national identity documents to residents who qualified for citizenship. The goal was to register 32,000 during the year, but no final statistics were available.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In the 2015 national elections, Roch Mark Christian Kabore won the presidency with 53 percent of the popular vote. His party, the People’s Movement for Progress, won 55 of the 127 seats in the National Assembly. The Union for Progress and Change won 33 seats, and the former ruling party, the Congress for Democracy and Progress, won 18 seats. National and international observers characterized the elections as free and fair.

In the 2016 municipal and regional council elections, the postelection selection process of mayors by municipal councils was marred by clashes among political party activists, resulting in at least three deaths and dozens of injuries in Karangasso and Kantchari. As of September 20, authorities had taken no legal action against anyone involved in the violence.

The 2015 electoral code approved by the National Transitional Council (CNT) stipulated the exclusion of certain members of the former political majority. The code stated that persons who “supported a constitutional change that led to a popular uprising” are ineligible to be candidates in future elections. On July 30, the National Assembly passed a new electoral law that allows all political candidates to run for election and opened the vote to members of the Burkinabe diaspora in possession of a national identity card or passport.

Participation of Women and Minorities: There are no laws limiting the participation of women and members of minorities in the political process, and they did participate. Although the gender quota law requires political parties to

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 13 name women to fill at least 30 percent of the positions on their candidate lists in legislative and municipal elections, no political party met this requirement during the May 2016 and the May 2017 make-up municipal elections. Parties and government officials said women were less engaged in politics, due to cultural and traditional factors. Women held five of 35 ministerial seats and 14 of 127 seats in the parliament.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Local NGOs criticized what they called the overwhelming corruption of senior civil servants. They reported pervasive corruption in the customs service, gendarmerie, tax agencies, national police, municipal police, public health service, municipal governments, education sector, government procurement, and the Ministry of Justice, Human Rights, and Civic Promotion. The local NGO Anticorruption National Network categorized the municipal police as the most corrupt government sector in its 2017 annual report. They reported a lack of political will to fight corruption, and stated the government rarely imposed sanctions against prominent government figures.

Corruption: News media and NGOs reported that government officials practiced nepotism on a widespread basis. For example, in January the National Agency for the Promotion of Employment hired 85 administrative agents to work for the National Social Security Fund (CNSS). In June auditors working within the CNSS office found that one third of the hires had family connections with officials working within the institution, including the wife, niece, and nephew of the director of human resources at CNSS.

Financial Disclosure: A 2015 anticorruption law requires government officials-- including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds--to declare their assets and any gifts or donations received while in office. The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance. As of September national assembly members elected in 2015 had not complied with this law yet faced no sanctions.

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 14

In June 2016 the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government officials’ spouses and minor children. Infractions are punishable by a maximum prison term of 20 years and fines of up to 25 million CFA francs ($45,000). The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection with lawful income. Convicted offenders risk imprisonment for two to five years and a fine of five million to 25 million CFA francs ($9,200 to $45,000). In April 2016 a law was passed limiting the value of a gift a government official could receive to 35,000 CFA francs ($63).

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

The United Nations or Other International Bodies: The government did not comply with a December 2017 recommendation from the UN Working Group on Arbitrary Detention for the release of Djibrill Bassole, a former foreign minister arrested in 2015 on charges of treason. At year’s end he remained under house arrest.

Government Human Rights Bodies: The Office of the Ombudsman addresses citizen complaints regarding government entities and other bodies entrusted with a public service mission. The ombudsman, whom the president appoints for a nonrenewable five-year term and who may not be removed during the term, was generally viewed as effective and impartial. For example, in May Ombudsman Saran Sereme Sere presided over a two-day community dialogue in the Boucle du Mouhoun Region to resolve a conflict between the Mossi and Banwana ethnic groups in the village of Solenzo. During 2017, the most recent year for which statistics were available, the office registered 560 complaints, approximately 59 percent of which it resolved.

The Ministry of Justice, Human Rights, and Civic Promotion is responsible for the protection and promotion of human and civil rights, and during the it year conducted education campaigns for the general public as well as administered human rights training for security force and judicial sector members to raise their

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 15 awareness of human rights. In its most recent annual report, for 2017, the ministry reported it received 356 human rights related cases, of which 270 went to trial, and the remaining 86 were settled out of court.

The government-funded National Commission on Human Rights provides a permanent framework for dialogue on human rights concerns. Its members include representatives of human rights NGOs, unions, professional associations, and the government. The Burkinabe Movement for Human and People’s Rights, which did not participate on the commission, charged that the commission was subject to government influence. Although inadequately funded, the commission continued to be more effective and visible in promoting human rights than in previous years.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Under the law conviction for rape, including spousal rape, is punishable by five to 10 years’ imprisonment and may include fines of 100,000 to 500,000 CFA francs ($180 to $900). According to human rights NGOs, rape occurred frequently. Although authorities prosecuted rape cases during the year, no statistics were available on the number of cases reported or prosecuted. For example, in April local media reported that a man raped his eight- year-old niece repeatedly before her parents took her to receive medical and psychological care. His arrest was delayed because the crime was perpetrated in a different county from where the victim reported the crime and received treatment. As of October 22, the case was with an investigative judge.

The law does not specifically mention domestic violence, but it enumerates all forms of violence that in substance covers domestic violence. Domestic violence against women occurred habitually; Catholic, Protestant, and Muslim religious leaders in Kaya stated on July 19 that their followers frequently abused their wives. They noted the husbands’ anger was often triggered by their wives’ requests for money for food, clothing, or school fees for their children.

Victims seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice, Human Rights, and Civic Promotion could provide no statistics on prosecutions, convictions, or punishment. A government-run shelter for women and girls who were victims of gender-based violence welcomed victims regardless of nationality. In Ouagadougou the Ministry of Women, National Solidarity, and Family assisted

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 16 victims of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.

The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. To raise awareness of gender discrimination and reduce gender inequalities, the ministry organized numerous workshops and several awareness campaigns mainly in the Nord, Sahel, Est, and Center-West Regions.

The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in prison. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in prison. Conviction of the foregoing abuses may also carry fines of 500,000 to one million CFA francs ($920 to $1,800).

The law requires police to provide for protection of the victim and her minor children and mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. The law requires all police and gendarmerie units to designate officers to assist female victims of violence--or those threatened by violence--and to respond to emergencies; however, some units had not complied by year’s end. It also mandates the creation of care and protection centers in each commune for female victims of violence and a government support fund for their care. The centers receive victims on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer the victims to court.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women 18 and above and girls below 18, but it was practiced discreetly in both urban and rural areas on victims ranging between 10 months and 24 years of age. Perpetrators, if convicted, are subject to a fine of 150,000 to 900,000 CFA francs ($270 to $1,620) and imprisonment of six months to three years, or up to 10 years if the victim dies.

On September 18, authorities arrested and charged 30 perpetrators of FGM/C. Throughout the year the National Secretariat against Circumcision worked with local populations to combat the practice. The first lady participated in training and awareness campaigns in cooperation with NGOs and the Ministry of Women, National Solidarity, and Family. NGOs reported an overall decrease in the practice from 10 years ago.

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 17

For additional information, see Appendix C.

Other Harmful Traditional Practices: The law makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison, a fine of 300,000 to 1.5 million CFA francs ($540 to $2,700), or both. Neighbors accused elderly women, and less frequently men, without support, living primarily in rural areas, and often widowed in the case of women, of witchcraft and subsequently banned them from their villages, beat them, or killed them. In April the Ministry of Justice, Human Rights, and Civic Promotion announced an action plan for assistance to and social reintegration of girls and women marginalized by their communities.

Sexual Harassment: The law provides for sentences of three months to one year in prison and a fine of 300,000 to 500,000 CFA francs ($540 to $900) for conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative, in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the law generally provides the same legal status and rights for women as for men--including under family, labor, property, and inheritance laws--discrimination frequently occurred. Labor laws provide that all workers--men and women alike--should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property.

Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result, authorities often denied women the right to own property, particularly real estate. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.

NGOs reported that authorities arrested women working in the sex industry on charges of prostitution, while ignoring men who sought to hire prostitutes alone.

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The government conducted media campaigns to change attitudes toward women. It sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights.

Children

Birth Registration: Citizenship derives either from birth within the country’s territory or through a parent. Parents generally did not register births immediately; lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the government periodically organized registration drives and issued belated birth certificates.

For additional information, see Appendix C.

Education: According to multiple government sources and NGOs, more than 473 schools closed due to fear of attacks, leaving more than 64,000 children without an option for education.

Child Abuse: Authorities tolerated light corporal punishment, and parents widely practiced it. The government conducted seminars and education campaigns against child abuse. The penal code mandates a one- to three-year prison sentence and fines ranging from 300,000 to 900,000 CFA francs ($540 to $1,620) for conviction of inhuman treatment or mistreatment of children.

The government did not effectively enforce the law. None of the calls to report violence against children, which led to intervention by security force members, resulted in an arrest or prosecution.

Early and Forced Marriage: The legal age for marriage is 17 for girls and 20 for boys, but early and forced marriage was a problem. The law prohibits forced marriage and prescribes penalties of six months to two years in prison for violators, and a three-year prison term if the victim is under age 13. There were no reports of prosecutions during the year. A government toll-free number allowed citizens to report forced marriages.

The Ministry of Women, National Solidarity, and Family conducted information and awareness campaigns. On April 21, local authorities from the ministry in Sanmatenga, a rural region with a historically high rate of child marriage, organized a march and publicly denounced the practice.

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According to media reports, the traditional practice persisted of kidnapping, raping, and impregnating a virgin girl and then forcing her family to consent to her marriage to her violator.

Sexual Exploitation of Children: The law provides penalties for conviction of “child prostitution” or child pornography of five to 10 years’ imprisonment, a fine of 1.5 to three million CFA francs ($2,700 to $5,400), or both. The minimum age of consensual sex is 15. A 2014 law criminalizes the sale of children, child commercial sexual exploitation, and child pornography. Children from poor families were particularly vulnerable to sex trafficking. The government did not report any convictions for violations of the law during the year.

Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. Newspapers reported several cases of abandonment of newborn babies.

Displaced Children: Repeated armed attacks in the Sahel, Nord, and Est Regions caused the displacement of thousands of children throughout the year. Between January and July, UNHCR registered 27,347 IDPs, of whom 57 percent were children. There were numerous street children, primarily in Ouagadougou and Bobo-Dioulasso. Many children ended up on the streets after their parents sent them to the city to study with an unregistered Quranic teacher or to live with relatives and go to school. In August in the capital, the government launched an initiative to recruit children living on the streets and place them in government-run youth centers where the youth had access to food, shelter, and limited vocational training.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child- Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There was no known Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

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See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system, or the provision of other state services, but the government did not effectively enforce these provisions. There is legislation to provide persons with disabilities less costly or free health care and access to education and employment. The law also includes building codes to provide for access to government buildings. Authorities did not implement all of these measures effectively.

Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service.

The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs.

The government continued to arrange for candidates with vision disabilities to take the public administration recruitment exams by providing the tests in Braille. Additionally, authorities opened specific counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests. According to the Ministry of Education, children with disabilities attended school at lower rates than others, although the government did provide for limited special education programs in Ouagadougou.

National/Racial/Ethnic Minorities

Longstanding conflicts between Fulani (Peuhl) herders and sedentary farmers of other ethnic groups sometimes resulted in violence. Herders commonly triggered incidents by allowing their cattle to graze on farmlands or farmers attempting to cultivate land set aside by local authorities for grazing. Government efforts at dialogue and mediation contributed to a decrease in such incidents.

On April 15, conflict broke out between members of the Peuhl and Gourmantche ethnic groups living in the Est Region over the alleged murder of a Gourmantche man. Local newspapers reported that in retaliation, members of the Gourmantche

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 21 community allegedly burned several buildings in a Peuhl village, displacing approximately 100 persons.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and humiliated them in detention before releasing them.

Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.

LGBTI organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations, although incidents were not always reported due to stigma or intimidation.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS was a problem, and families sometimes shunned persons who tested positive. Families sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some property owners refused to rent lodgings to persons with HIV/AIDS. The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.

Other Societal Violence or Discrimination

Vigilante groups apprehended and sometimes arbitrarily detained individuals, usually involved in petty crime, employing severe beatings to solicit a confession. On May 2, assailants attacked a school in Kaya and set on fire the headquarters of vigilante group Kogleweogo. NGOs reported that the dominant Mossi ethnic group often discriminated against the Fulani ethnic group, stigmatized them as terrorists, and in some cases refused to lease housing to or hire Fulanis. NGOs

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 22 reported that police often arrested a Fulani person based on their physical appearance, questioning them on charges of terrorism before eventually releasing them without charge.

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining

The law allows workers to form and join independent unions of their choice without prior authorization or excessive requirements, but essential workers, such as magistrates, police, military, and other security personnel, may not join unions. The law provides unions the right to conduct their activities without interference.

The law provides for the right to strike, although it stipulates a narrow definition of this right. For strikes that call on workers to stay home and that do not entail participation in a rally, the union is required to provide eight to 15 days’ advance notice to the employer. If unions call for a march, they must provide three days’ advance notice to the city mayor. Authorities hold march organizers accountable for any property damage or destruction that occurs during a demonstration. The law also gives the government extensive requisitioning powers, authorizing it to requisition private- and public-sector workers to secure minimum service in essential services.

The law prohibits antiunion discrimination and allows a labor inspector to reinstate immediately workers fired because of their union activities, although in private companies such reinstatement was considered on a case-by-case basis. Relevant legal protections cover all workers, including migrants, workers in the informal sector, and domestic workers. There were no reports of antiunion discrimination during the year.

The law provides for freedom of association and collective bargaining. The government effectively enforced the law. The law lists sanctions for violations, including warnings, penalties, suspension, or dissolution, and were generally sufficient to deter violations. Penalties consist of imprisonment and fines and vary depending on the gravity of the violation. Amendments to the law award a legal existence to labor unions of NGOs, create a commission of mediation, and require that associations abide by the law concerning funding terrorism and money laundering. The law also states that no one may serve as the head of a political party and the head of an association at the same time.

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The government generally respected freedom of association and the right to collective bargaining.

The government generally respected the right of unions to conduct activities without interference. Government resources to enforce labor laws were not sufficient to protect workers’ rights.

Unions have the right to bargain directly with employers and industry associations for wages and other benefits. Worker organizations were independent of the government and political parties. There were no reports of strikebreaking during the year.

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, as the subcontracting sector was where many worker rights violations occurred. b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law considers forced or compulsory any labor or service provided by an individual under the threat of any type of sanction and not freely offered. The government did not effectively enforce applicable laws. Forced child labor occurred in the agricultural (particularly cotton), informal trade, domestic labor, restaurant, and animal husbandry sectors, as well as at gold panning sites and stone quarries. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 6, Children). The government did not have a significant, effective program in place to address or eliminate forced labor. Women from other West African countries were fraudulently recruited for employment and subsequently subjected to forced prostitution, forced labor in restaurants, or domestic servitude in private homes. The government continued to conduct antitrafficking advocacy campaigns and operated a toll-free number for individuals to report cases of violence and trafficking.

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/. c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age for employment at 16 and prohibits children under age 18 from working at night, except in times of emergency. The minimum age

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 24 for employment was consistent with the age for completing educational requirements, which is 16. In the domestic labor and agricultural sectors, the law permits children who are 13 and above to perform limited activities for up to four and one-half hours per day.

The law prohibits the worst forms of child labor, including the commercial sexual exploitation of children, child pornography, and jobs that harm the health of a child. The government was implementing the National Action Plan to combat the worst forms of child labor and to reduce significantly exploitative child labor. In 2015 the CNT adopted a revised mining code that includes new provisions prohibiting child labor in mines. The amendment establishes a penalty of two to five years in prison and a fine of five million CFA francs ($9,200) to 24 million CFA francs ($43,300) for violators. Antitrafficking legislation provides penalties of up to 10 years for violators and increases maximum prison terms from five to 10 years. The law also provides terms as long as 20 years’ to life imprisonment under certain conditions.

The National Action Plan against the worst forms of child labor coordinated the efforts of several ministries and NGOs. Its goals included greater dissemination of information in local languages, increased access to services such as rehabilitation for victims, revision of the penal code to address the worst forms of child labor, and improved data collection and analysis. A 2014 law criminalizes the sale of children, child prostitution, and child pornography.

Punishment for violating child labor laws includes prison terms of up to five years and fines of up to 600,000 CFA francs ($1,080). The government did not consistently enforce the law. The Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked sufficient inspectors, transportation, and other resources to enforce worker safety and the minimum age law. No data were available on number of prosecutions and convictions during the year.

The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor. Despite efforts by the government and several NGOs, violence against children, child labor, and child trafficking occurred. According to 2011 statistics compiled by the National Institute of Statistics, 76 percent of children between the ages of five and 17 engaged in some form of economic activity, 81 percent of whom worked in the agricultural sector. Children commonly worked with their parents in rural areas or in family-owned small businesses in villages and cities. There were no reports of

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 25 children under the age of 15 employed by either government-owned or large private companies.

Children also worked in the mining, trade, construction, and domestic labor sectors. According to a 2012 UNICEF study, 20,000 children worked as servants, gold washers, or diggers in the gold mining sector. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children under age 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants earned from 3,000 to 6,000 CFA francs ($5.40 to $10.80) per month and worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/. d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations. Discrimination occurred based on race, color, sex, religion, political opinion, social origin, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status with respect to employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination. e. Acceptable Conditions of Work

The law mandates a minimum monthly wage in the formal sector, which does not apply to subsistence agriculture or other informal occupations. The minimum wage was less than the poverty income level. Approximately 46 percent of the population lived below the poverty line. Poverty remained higher in rural areas.

The law mandates a standard workweek of 40 hours for nondomestic workers and a 60-hour workweek for household employees. The law provides for overtime

Country Reports on Human Rights Practices for 2018 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 26 pay, and there are regulations pertaining to rest periods, limits on hours worked, and prohibitions on excessive compulsory overtime.

The government sets occupational health and safety standards. There are explicit restrictions regarding occupational health and safety in the labor law. Employers must take measures to provide for safety and protect the physical and mental health of all their workers and assure that the workplace, machinery, materials, substances, and work processes under their control do not present health or safety risks to the workers.

The law requires every company with 30 or more employees to have a work safety committee. If an employee decides to remove himself due to safety concerns, a court rules on whether the employee’s decision was justified.

The Ministry of Civil Service, Labor, and Social Security is responsible for enforcing the minimum wage and hours of work standards. Ministry inspectors and labor tribunals are responsible for overseeing occupational health and safety standards in the small industrial and commercial sectors, but these standards do not apply in subsistence agriculture and other informal sectors.

These standards were not effectively enforced. Penalties for violations were insufficient to deter violations. There were no reports of effective enforcement of inspection findings during the year.

Employers often paid less than the minimum wage. Employees usually supplemented their income through reliance on extended family, subsistence agriculture, or trading in the informal sector. Mining sector companies generally respected hours of work, overtime, and occupational safety and health standards. Employers subjected workers in the informal sector, which made up approximately 50 percent of the economy, to violations of wage, overtime, and occupational safety and health standards.

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EXECUTIVE SUMMARY

Burkina Faso is a constitutional republic led by an elected president. In 2015 the country held peaceful and orderly presidential and legislative elections, marking a major milestone in the country’s transition to democracy. President Roch Mark Christian Kabore won with 53 percent of the popular vote, and his party--the People’s Movement for Progress--won 55 seats in the 127-seat National Assembly. The Union for Progress and Change won 33 seats, and the former ruling party, the Congress for Democracy and Progress (CDP), won 18 seats. National and international observers characterized the elections as free and fair.

Civilian authorities generally maintained effective control over security forces.

The most significant human rights issues included arbitrary deprivation of life; torture and degrading treatment by security forces and vigilante groups; arbitrary detention; life-threatening detention conditions; judicial inefficiency and lack of independence; official corruption; limited government action to hold accountable those responsible for violence against women and children, including female genital mutilation/cutting (FGM/C) and early marriage; and forced labor and sex trafficking, including of children.

The government lacked effective mechanisms to investigate and punish abuse, and impunity for human rights abuses remained a problem. The government investigated alleged violations of former officials but in most cases did not prosecute them.

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were reports that the government or its agents committed arbitrary or unlawful killings. According to the international nongovernmental organization (NGO) Human Rights Watch (HRW), on June 9, Burkinabe soldiers detained approximately 74 men and severely beat many of them during a cross-border operation near the border with Mali. The soldiers accused the detainees of supporting the Burkinabe Islamist armed group Ansaroul Islam. According to BURKINA FASO 2

HRW, the soldiers transported 44 of the men into Burkina Faso for questioning, and two of the detainees died from mistreatment shortly after arriving in Djibo.

In June 2016 an investigative commission submitted its report on the 28 persons killed and 625 injured in 2014 during protests against former president Blaise Compaore’s efforts to force a National Assembly vote to change presidential term limits. The report recommended the prosecution of 31 persons, including former president Compaore and former transition prime minister Yacouba Isaac Zida. Most of the others recommended for prosecution were former members of the Presidential Security Regiment (RSP). The report was transmitted to judicial authorities, but none of those listed in the report was prosecuted. Compaore and Yacouba Isaac Zida reportedly remained abroad, and no arrest warrants had been issued against them in this case. b. Disappearance

There were no reports of disappearances by or on behalf of government authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and in 2014 the National Assembly adopted a law to define and prohibit torture and all related practices. Nevertheless, HRW documented severe beatings by security forces during cross- border operations near the border with Mali that resulted in two deaths (see section 1.a.).

In addition, according to videos shared on social media and reports in the local press, on August 1, gendarmes assaulted several protesting truck drivers, injuring at least one of them. According to press reports, the minister of security publicly told the gendarmes that no legal action would be taken against them. As of September authorities had not prosecuted any of the gendarmes involved in the incident.

Local press reported that on May 12, a gendarme assaulted and injured Guezouma Sanogo, a journalist at the Radio Burkina state radio--who was also president of the Association of Burkina Faso Journalists--during the country’s National Peasant’s Day, allegedly because he did not obey established security measures. President Kabore addressed the incident, stating that he “sincerely regrets the

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 3 incident which should not occur in our time.” As of September 20, Sanogo had not pressed charges, and authorities had not opened an investigation into the case.

Some former RSP members accused of attempting to attack an armory in 2015 claimed during their trial that gendarmes tortured them during their detention in Ouagadougou and Leo. Additionally, one of the witnesses, Ali Ouedraogo, a son of one of the accused RSP members, stated gendarmes physically assaulted him during the search of their house as part of the investigation. As of October 15, no legal action had been taken against the gendarmes, nor had the government undertaken an investigation.

Prison and Detention Center Conditions

Conditions in prisons and detention facilities were harsh and at times life threatening due to overcrowding and inadequate sanitary conditions and medical care.

Physical Conditions: Authorities held pretrial detainees with convicted prisoners. Female prisoners had better conditions than those of men, in large part due to less crowding. Although regulations require the presence of a doctor and five nurses at the Ouagadougou Detention and Correction Center’s (MACO) health unit, only three nurses were on duty to treat detainees, and a doctor was present once a week. Prisoners’ diets were inadequate, and inmates often relied on supplemental food from relatives. Prison infrastructure throughout the country was decrepit. In MACO and other prisons, severe overcrowding exacerbated inadequate ventilation, although some cells had electricity and some inmates had fans. Sanitation was rudimentary.

On August 10, diplomatic representatives visited MACO to verify compliance with standards of detention and human rights. Their report cited overcrowding, malnutrition, sanitation, health problems, and slowness in judicial processes.

According to human rights organizations, deaths occurred in prisons and jails due to harsh conditions and neglect. Human rights activists estimated one or two inmates died monthly because of harsh prison conditions.

There were no appropriate facilities or installations for prisoners or detainees with disabilities, who relied on other inmates for assistance.

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Physical abuse was a problem in many detention centers across the country. For example, the NGO Burkinabe Movement of Human Rights and People (MBDHP) alleged that in 2016 gendarmes tortured and killed two suspects. In April 2016 Bokoum Salif, a driver in Dedougou, died after being arrested and detained by the local gendarmerie. Bokoum was accused of stealing a computer at the house of the head of the local gendarmerie. Relatives who visited him before his death stated that he presented signs of torture. According to the MBDHP, in May 2016 Sidibe Yero, a herder from Dedougou accused of rape, died under similar circumstances. The gendarmerie reportedly asked his relatives to bury his remains without conducting an autopsy. As of October 15, authorities had not taken legal action in either case.

Food, potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate in the majority of detention facilities across the country, including MACO. Conditions of detention were better for wealthy or influential citizens.

Local media regularly reported on cases of detainees who spend more than one year without trial. For example, one detainee, who had been detained at MACO since 2015, reportedly met the investigative judge for only 15 minutes after more than 13 months in detention. In January when the case was reported in the local press, the same detainee had spent 18 months in prison without seeing the judge again and without a scheduled trial date.

Administration: There were no reports that authorities failed to investigate credible allegations of inhuman prison conditions.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prison authorities regularly granted permission to representatives of local and international human rights groups, media, foreign embassies, and the International Committee of the Red Cross to visit prisons without advance notice.

Improvements: To address overcrowding, the government opened a new prison in Koupela, in the Kouritenga Province, and transferred prisoners from overcrowded prisons to those with lower occupancy rates. Other measures also taken during the year to reduce prison overcrowding included enforcing fines and community service rather than prison time, and allowing for the provisional release of certain prisoners. As of October, however, there was no evidence that these measures effectively reduced overcrowding.

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To improve detention conditions, improve prisoner health, and facilitate social reintegration of prisoners, the Ministry of Justice launched a three-year prison reform project with EU support. The Ministry of Justice also partnered with the NGO SOS Doctor Burkina Faso to provide free health consultations to approximately 1,500 to 2,000 detainees. d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of persons to challenge the lawfulness of their arrest or detention in court, but security forces did not always respect these provisions. For example, security forces arrested and detained web activist Naim Toure in December 2016 for posting on his Facebook page information on the health condition of a former RSP member detained at the military prison. On February 27, he was sentenced to pay a fine of 300,000 CFA francs ($550).

HRW reported that during the June 9 cross-border operation near the border with Mali (see section 1.a.), soldiers detained approximately 74 men, ages 20 to 70. The soldiers accused the men of supporting the Burkinabe Islamist armed group Ansaroul Islam, which also had bases in Mali. According to HRW, 44 men were taken to Burkina Faso for questioning, and seven remained in detention. Minister of Justice Rene Bagoro opened an investigation and was working with the Ministry of Defense and Ministry of Security to investigate the allegations. Minister Bagoro also announced that the permanent secretary of the interministerial committee on human rights and international humanitarian law began to conduct predeployment training on human rights for soldiers.

Role of the Police and Security Apparatus

The Ministry of Internal Security and the Ministry of Defense are responsible for internal security. The Ministry of Internal Security includes the National Police and the gendarmerie. The army, which operates within the Ministry of Defense, is responsible for external security but sometimes assists with missions related to domestic security. Use of excessive force, corruption, a climate of impunity, and lack of training contributed to police ineffectiveness. The government announced investigations in progress, but as of September 20, none had led to prosecution. Inadequate resources also impeded police effectiveness.

Following an attempt to seize power in September 2015, the government dismantled the RSP and integrated former RSP members into the regular army,

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 6 except those at large or previously arrested for involvement in the putsch attempt. The unit subsequently responsible for presidential security included police officers, gendarmes, and soldiers.

The Military Justice Administration examines all cases involving killings by military personnel or gendarmes to determine whether they occurred in the line of duty or were otherwise justifiable. The administration refers cases deemed outside the line of duty or unjustifiable to civilian courts. Civilian courts automatically handle killings involving police. The gendarmerie is responsible for investigating abuse by police and gendarmes, but the results of their investigations were not always made public.

NGOs and the Ministry of Justice, Human Rights, and Civic Promotion conducted training activities on human rights for security forces. The previous united Ministry of Territorial Administration, Decentralization, and Internal Security organized a meeting for defense and security forces, journalists, and human rights organizations on February 3, during which participants from the eastern region discussed human rights protection in the region and overcame their disagreements.

Arrest Procedures and Treatment of Detainees

By law police and gendarmes must possess a court-issued warrant based on sufficient evidence before apprehending a person suspected of committing a crime, but authorities did not always follow these procedures. Authorities did not consistently inform detainees of charges against them. By law detainees have the right to expeditious arraignment, bail, access to legal counsel, and, if indigent, access to a lawyer provided by the government after being charged. A judge may order temporary release pending trial without bail. Authorities seldom respected these rights. The law does not provide detainees access to family members, although authorities generally allowed detainees such access through court-issued authorizations.

The law limits detention without charge for investigative purposes to a maximum of 72 hours, renewable for a single 48-hour period. Police rarely observed the law, and the average time of detention without charge (preventive detention) was one week. Once authorities charge a suspect, the law permits judges to impose an unlimited number of consecutive six-month preventive detention periods while the prosecutor investigates charges. Authorities often detained defendants without access to legal counsel for weeks, months, or even years before the defendant

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 7 appeared before a magistrate. There were instances in which authorities detained suspects incommunicado.

Pretrial Detention: Authorities estimated 48 percent of prisoners nationwide were in pretrial status. In some cases authorities held detainees without charge or trial for longer periods than the maximum sentence for conviction of the alleged offense. A pretrial release (release on bail) system exists, although the extent of its use was unknown.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law provides persons arrested or detained the right to challenge in court the legal basis or arbitrary nature of their detention. Prisoners who did so, however, reportedly faced difficulties due to either judicial corruption or inadequate staffing of the judiciary. e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the judiciary was corrupt, inefficient, and subject to executive influence, according to NGOs. There were no instances in which the outcomes of trials appeared predetermined, and authorities respected court orders. Legal codes remained outdated, there were not enough courts, and legal costs were excessive. Citizens’ poor knowledge of their rights further weakened their ability to obtain justice.

Military courts try cases involving military personnel charged with violating the military code of conduct. Rights provided in military courts are equivalent to those in civil criminal courts. Military courts are headed by a civilian judge, hold public trials, and publish verdicts in the local press.

Trial Procedures

The law presumes defendants are innocent. Defendants have the right to be informed promptly and in detail of the charges, with free assistance of an interpreter. Trials are public but may be delayed. Judicial authorities use juries only in criminal cases. Defendants have the right to be present at their trials and to legal representation, consultation, and adequate time and facilities to prepare a defense. Defendants have the right to provide evidence. Defendants have the right not to be compelled to testify or confess guilt, but a refusal to testify often resulted in harsher decisions. Defendants may challenge and present witnesses, and they have the right of appeal. In civil cases where the defendant is destitute and files an

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 8 appeal, the state provides a court-appointed lawyer. In criminal cases court- appointed lawyers are mandatory for those who cannot afford one. The law extends these rights to all defendants, but the government did not always respect these rights, due in part to popular ignorance of the law and a continuing shortage of magistrates and court-appointed lawyers.

The Ministry of Justice, Human Rights, and Civic Promotion claimed courts usually tried cases within three months, although human rights organizations reported major case backlogs. The 2011 “processing of criminal penalties in real time” reform to shorten pretrial detention allows the prosecutor and investigators (police and gendarmerie) to process a case prior to the criminal hearing. This countrywide approach allows authorities to inform defendants of the charges and trial date before authorities release them pending trial.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees during the year, although some arrests and detentions may have been politically motivated.

In 2015 gendarmes arrested Leonce Kone, interim CDP president, and Hermann Yameogo, president of the National Union for Democracy and Development, for refusing to condemn the RSP attempt to seize power. Authorities granted provisional release to Kone in July 2016 and released Yameogo in October 2016. As of September 20, the government had not provided any update on this pending case.

In January 2016 authorities arrested CDP president Eddie Komboigo and charged him with involvement in the preparation of the 2015 attempted putsch. Komboigo was granted provisional release in June 2016 for “medical reasons.” On July 24, the presiding judge reportedly informed Komboigo that the investigation concluded he was not guilty of the charges against him.

Authorities of the transition government arrested former minister of foreign affairs and founder of opposition party New Alliance of the Faso, Djibril Bassole, in 2015 for allegedly providing support to the failed 2015 military coup. In July a UN working group released its investigative report calling for his immediate release and demanding that he stand trial by a civilian court instead of a military court. In response to the working group’s request, the government announced on July 8 that it would request a review of the case through the revision procedure of the UN

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Human Rights Council’s work. On October 10, Bassole was granted provisional release for medical reasons and placed under house arrest.

Civil Judicial Procedures and Remedies

There is an independent judiciary in civil matters, but it was often inefficient, corrupt, and subject to executive influence. As a result, citizens sometimes preferred to rely on the Office of the Ombudsman (see section 5, Government Human Rights Bodies) to settle disputes with the government.

The law provides for access to a court to file lawsuits seeking damages for, or cessation of, a human rights violation, and both administrative and judicial remedies were available for alleged wrongs. Victims of human rights violations may appeal directly to the Economic Community of West African States Court of Justice, even before going through national courts. For civil and commercial disputes, authorities may refer cases to the Abidjan Common Court of Justice and Arbitration. The courts issued several such orders during the year.

There were problems enforcing court orders in sensitive cases involving national security, wealthy or influential persons, and government officials. f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and the government generally respected these prohibitions. In cases of national security, however, the law permits surveillance, searches, and monitoring of telephones and private correspondence without a warrant.

Section 2. Respect for Civil Liberties, Including: a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. In 2015 the government adopted a law decriminalizing press offenses. The law replaces prison sentences with penalties ranging from one million to five million CFA francs ($1,838 to $9,191). Some editors complained that few newspapers or media outlets could afford such fines.

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Despite the advent of the 2015 law, journalists occasionally faced criminal prosecution for libel and other forms of harassment and intimidation.

Freedom of Expression: The law prohibits persons from insulting the head of state or using derogatory language with respect to the office. Individuals generally criticized the government without reprisal, but opposition leaders accused the government of tailing and wiretapping opposition figures in the government.

Press and Media Freedom: There were numerous independent newspapers, satirical weeklies, and radio and television stations, some of which strongly criticized the government. Foreign radio stations broadcast without government interference. Government media outlets--including newspapers, television, and radio--sometimes displayed a progovernment bias but allowed significant opposition participation in their newspaper and television programming. On June 17, the minister of communications stated that government-owned national television news broadcasts should begin with the activities of government officials and that journalists employed by government media should either support the government or resign. On July 21, the journalists’ union denounced the minister for his statement, and in September the journalists’ union launched strikes and demanded that the government end “intimidation and pressure.”

All media are under the administrative and technical supervision of the Ministry of Communications, which is responsible for developing and implementing government policy on information and communication. The Superior Council of Communication (CSC) monitored the content of radio and television programs, newspapers, and internet websites to enforce compliance with standards of professional ethics and government policy. The CSC may summon journalists and issue warnings for subsequent violations. Hearings may concern alleged libel, disturbing the peace, inciting violence, or violations of state security. On July 14, the CSC suspended the programming of private radio Optima for one month, due to alleged abusive remarks uttered by the radio show host.

Violence and Harassment: According to local press, journalist Mamadou Ali Compaore, known to be critical of the regime on television programs, claimed he received threats from two individuals on January 6. Journalist Lookman Sawadogo, owner of local newspaper Le Soir, was prosecuted on defamation charges following statements on social media on April 5 denouncing acts of corruption by magistrates who were in charge of investigating the magistracy. Sawadogo was released at trial, and all charges against him were dismissed due to lack of evidence.

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Censorship or Content Restrictions: In addition to prohibitions on insulting the head of state, the law also prohibits the publication of shocking images or material that demonstrates lack of respect for the deceased. Journalists practiced self- censorship. On February 26, police ordered the Burkina Information Agency to remove an article--Fara: Bandits Shut Down Police Station before Robbing It-- from the agency’s website, claiming that the report was offensive and false. Police later forced the agency to issue a denial of the accuracy of the story.

Internet Freedom

The government did not restrict or disrupt access to the internet, although the CSC monitored internet websites and discussion forums to enforce compliance with regulations. According to the International Telecommunication Union, 14 percent of the population used the internet in 2016.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. b. Freedom of Peaceful Assembly and Association

Freedom of Peaceful Assembly

The constitution and law provide for freedom of peaceful assembly, and the government generally respected this right.

Political parties and labor unions may hold meetings and rallies without government permission, although advance notification and approval are required for public demonstrations that may affect traffic or threaten public order. If a demonstration or rally results in violence, injury, or significant property damage, penalties for the organizers include six months to five years’ imprisonment and fines of between 100,000 and two million CFA francs ($183 and $3,676). These penalties may be doubled for conviction of organizing an unauthorized rally or demonstration. Demonstrators may appeal denials or imposed modifications of a proposed march route or schedule before the courts. c. Freedom of Religion

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See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/. d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation and the government generally respected these rights. The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Protection of Refugees

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Women, National Solidarity, and Family, aided by the National Committee for Refugees (CONAREF), is the focal point for coordination of national and international efforts. According to UNHCR, as of May 31, there were 34,207 refugees in the country, including 33,501 Malian refugees. Of this number, 23,318 Malian refugees lived in Burkina Faso’s two refugee camps, Goudebou and Mentao, 8,800 resided in villages in Ouadalan and Soum Provinces, and 1,383 lived in the cities of Ouagadougou and Bobo Dioulasso. Government assistance to Malian refugees totaled 240 million CFA francs ($441,176) in 2016.

In 2012 fighting resumed in northern Mali between government forces and Tuareg rebels, resulting in the flight of more than 250,000 Malians to neighboring countries, including Burkina Faso. According to UNHCR, approximately 50,000 Malians--most of them Tuaregs and Arabs--fled across the border to Burkina Faso and registered with local authorities as displaced persons. Authorities granted all displaced persons from Mali prima facie refugee status, pending the examination of all applications individually. Authorities settled most of the refugees in Soum and Oudalan Provinces in the Sahel Region. The ministry, aided by CONAREF, was the government focal point to help coordinate all national and international efforts to assist more than 33,500 Malian refugees remaining in the country at year’s end. During the year the refugees received an undetermined amount of government assistance.

Section 3. Freedom to Participate in the Political Process

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The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In May 2016 the country held elections to replace municipal and regional councils dissolved by the transitional government in 2014. Voter turnout was lower than usual. Voting did not occur in three of the 368 communes. In several areas of the country, the postelection selection process of mayors by municipal councils was marred by clashes among political party activists, resulting in at least three deaths and dozens of injuries in Karangasso and Kantchari. The government condemned the violence and promised swift judicial action. As of September 20, no legal action was taken against anyone involved in the violence. In the districts that were unable to hold contests in 2016 due to pre-election violence and those that did not complete the installation process for their municipal councils and mayors, makeup elections were organized and concluded quietly on May 28. The ruling party, the People’s Movement for Progress, won most districts.

The 2015 electoral code approved by the National Transitional Council (CNT) stipulates the exclusion of certain members of the former political majority. The code states that persons who “supported a constitutional change that led to a popular uprising” are ineligible to be candidates in future elections. In addition to exclusion from the 2015 legislative and presidential elections, a number of candidates were also excluded from the municipal elections in May. In 2015 administrative courts rejected appeals filed by political opponents of the former ruling party against a number of its candidates. Unlike in previous municipal elections during which some candidates were excluded, all parties were allowed to take part to the complementary municipal elections.

Participation of Women and Minorities: There are no laws limiting the participation of women and members of minorities in the political process, and they did participate. Although the gender quota law requires political parties to name women to fill at least 30 percent of the positions on their candidate lists in legislative and municipal elections, no political party met this requirement during the May 2016 and the May 28, 2017, make-up municipal elections. Parties and government officials said women were less engaged in politics. Women held seven of 34 ministerial seats and 13 of 127 seats in the parliament.

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Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Local NGOs criticized what they called the overwhelming corruption of senior civil servants. They reported pervasive corruption in the customs service, gendarmerie, tax agencies, national police, municipal police, public health service, municipal governments, education sector, government procurement, and the Ministry of Justice, Human Rights, and Civic Promotion. The local NGO Anticorruption National Network (REN-LAC) categorized the municipal police as the most corrupt government sector. They reported a lack of political will to fight corruption, stating the government rarely imposed sanctions against prominent government figures.

Corruption: On September 6, the Ministry of Justice issued a warrant against the head of the CSC, Nathalie Some, for embezzling 650 million CFA francs ($1.2 million). Some, who was in detention at the MACO since September awaiting trial, held numerous prominent positions in the previous three administrations.

Additionally, in July, two staff members from the Ouagadougou International Craft Fair, accountant Siriki Coulibaly and cashier Claude Guebre, were accused of misappropriating at least 251 million CFA francs ($461,000) from public funds. Coulibaly confessed to misappropriating 131 million CFA francs ($240,000), while Guebre denied any involvement. They were sentenced each to 60 months in detention and a fine of 20 million CFA francs ($367,000). The verdict did not require them to reimburse the misappropriated amount.

Financial Disclosure: In 2015 the CNT adopted an anticorruption law that requires government officials--including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds--to declare their assets and any gifts or donations received while in office. The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance. As of September national assembly members who were elected in the 2015 legislative elections had not complied with this law, yet they did not face any sanctions.

In June 2016 the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 15 officials’ spouses and minor children. Infractions are punishable by a maximum jail term of 20 years and fines of up to 25 million CFA francs ($45,955). The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection to lawful income. Convicted offenders risk imprisonment for two to five years and a fine of five million to 25 million CFA francs ($9,191 to $45,955). In April 2016 a law was passed limiting the value of a gift a government official could receive to 35,000 CFA francs ($64). In direct violation of the law, members of the National Assembly accepted computer tablets from Huawei International, a company that had been awarded a national optical fiber construction contract in November 2016. Following public outcry led by civil society and the local press, the members of the national assembly were forced to return the gifts.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman addresses citizen complaints regarding government entities, public institutions, and other bodies entrusted with a public service mission. The ombudsman, whom the president appoints for a nonrenewable five-year term and who may not be removed during the term, was generally viewed as effective and impartial. During 2014, the most recent year for which statistics were available, the office registered 560 complaints, approximately 59 percent of which it resolved.

The Ministry of Justice, Human Rights, and Civic Promotion is responsible for the protection and promotion of human and civil rights and conducts education campaigns for security force members to raise their awareness of human rights.

The government-funded National Commission on Human Rights provides a permanent framework for dialogue on human rights concerns. Its members include representatives of human rights NGOs, unions, professional associations, and the government. The Burkinabe Movement for Human and People’s Rights, which did not participate on the commission, charged that it was subject to government influence. Although inadequately funded, the commission continued to be more effective and visible in promoting human rights than in previous years. During the

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 16 year the government awarded an additional 12 million CFA francs ($22,000) to the commission in addition to the usually funded expenses related to commission members’ selection and appointment process.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: In 2015 the government passed the Law on the Prevention and Repression of Violence Against Women and Girls and Support for Victims. Conviction of rape is punishable by five to 10 years’ imprisonment, but the 2015 law includes fines of 100,000 to 500,000 CFA francs ($183 to $919). According to human rights NGOs, rape occurred frequently. Although authorities prosecuted rape cases during the year, no statistics were available on the number of cases reported or prosecuted.

Domestic violence against women occurred frequently, primarily in rural areas. For example, a man raped a 14-year-old girl on July 31 in Bittou, Center-East Region. Local media reported the girl was taken to a health center for medical examination and the perpetrator was released after his arrest by the local police.

Victims seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice, Human Rights, and Civic Promotion could provide no statistics on prosecutions, convictions, or punishment. A government-run shelter for women and girls who were victims of gender-based violence was set up in 2015 and welcomed victims regardless of nationality. In Ouagadougou the Ministry of Women, National Solidarity, and Family assisted victims of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.

The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. To raise awareness of gender discrimination and reduce gender inequalities, the ministry organized numerous workshops and several awareness campaigns mainly in the North, Sahel, East, and Center-West Regions.

The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in jail. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in

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The law requires police to provide for protection of the victim and her minor children and mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. The law requires all police and gendarmerie units to designate officers to assist female victims of violence--or those threatened by violence--and to respond to emergencies; however, some units had not complied by year’s end. It also mandates the creation of care and protection centers in each commune for female victims of violence and a government support fund for their care. The centers receive victims on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer the victims to court.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but it was practiced widely in rural areas, and at an early age. Perpetrators, if convicted, are subject to a fine of 150,000 to 900,000 CFA francs ($278 to $1,654) and imprisonment of six months to three years, or up to 10 years if the victim dies.

Security force members and social workers from the Ministry of Women, National Solidarity, and Family arrested four perpetrators in Orodara, Bobo Dioulasso, Tenkodogo, and Leo between January 4 and February 16. Two of them were tried and convicted, one was awaiting trial as of September 5, and one was at large. Twenty-nine accomplices were also sentenced to pay fines or given suspended fines. Of the 49 cases of FGM/C recorded during the year, there was only one case in which the victim was more than 30 years old. For the remaining cases, the victims’ age range from 30 months to 15 years.

For example, in April, an 89-year-old woman age from Sissili Province, described as a professional practitioner of FGM/C, was sentenced by an open court to 12 months in prison and a fine of 500,000 CFA francs ($920). She was accused of performing FGM/C on her six-year-old granddaughter on February 21.

The government also integrated FGM/C prevention in prenatal, neonatal, and immunization services at 35 percent of public health facilities. Government measures taken during the year to combat FGM/C included: the establishment of mobile courts in Tuy Province to try persons accused of FGM/C; creation of a public education Facebook page; distribution to public and private health centers of 322 treatment kits; training 164 Ministry of Education and Literacy officials on

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 18 ending FGM/C; establishing five high school social networks to address FGM/C in Houet, Kadiogo, and Sanmatenga Provinces; and holding an international day of “zero tolerance for FGM/C.” The Ministry of Women, National Solidarity, and Family conducted 3,016 awareness activities, including educational and communication campaigns for the local population in rural areas, traditional leaders, and local elected representatives. Approximately 107,350 persons benefited from these activities.

The ministry also trained 60 police officers and 60 gendarmes in efforts to prevent FGM/C.

For more information, see data.unicef.org/resources/female-genital-mutilation- cutting-country-profiles/.

Other Harmful Traditional Practices: The law makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison and/or a fine of 300,000 to 1.5 million CFA francs ($551 to $2,757). Elderly women, and less frequently men, without support, living primarily in rural areas, and often widowed in the case of women, were sometimes accused of witchcraft by their neighbors and subsequently banned from their villages, beaten, or killed. Actions taken by the government to protect elderly persons accused of witchcraft included financial support and the organization of an International Women’s Day advocacy event on March 8, The Moral Value of the Human Being: Responsibility of the Communities in Combatting the Social Exclusion of Women.

Sexual Harassment: The law provides for sentences of three months to one year in prison and a fine of 300,000 to 500,000 CFA francs ($551 to $919) for conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative, in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality- 2015/en/.

Discrimination: Although the law generally provides the same legal status and rights for women as for men--including under family, labor, property, and

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 19 inheritance laws--discrimination frequently occurred. Labor laws provide that all workers--men and women alike--should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property.

Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result, authorities often denied women the right to own property, particularly real estate. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.

The government conducted media campaigns to change attitudes toward women. It sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights.

Children

Birth Registration: Citizenship derives either by birth within the country’s territory or through a parent. Parents generally did not register many births immediately; lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the government periodically organized registration drives and issued belated birth certificates. (For data, see UNICEF Multiple Indicator Cluster Survey.)

Child Abuse: Authorities tolerated light corporal punishment, and parents widely practiced it. The government conducted seminars and education campaigns against child abuse. The penal code mandates a one- to three-year prison sentence and fines ranging from 300,000 to 900,000 CFA francs ($551 to $1,654) for conviction of inhuman treatment or mistreatment of children.

The government did not effectively enforce the law. None of the calls to report violence against children, which led to intervention of security force members, resulted in an arrest or prosecution.

Early and Forced Marriage: The legal age for marriage is 17 for girls and 20 for boys, but early and forced marriage was a problem. The law prohibits forced marriage and prescribes penalties of six months to two years in prison for violators, and a three-year prison term if the victim is under age 13. There were no reports of

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 20 prosecutions during the year. A government toll-free number allowed citizens to report forced marriages.

The Ministry of Women, National Solidarity, and Family conducted information sessions for 120 teenagers from the provinces with the highest child marriage rates, including Comoe, Leraba, Kossi, and Souro, as well as advocacy sessions on child marriage by bringing together approximately 300 community leaders. The ministry also paid the school fees for 600 girls and supported the socio- professional training of 500 young persons at risk of early and forced marriage.

According to media reports, the traditional practice persisted of kidnapping, raping, and impregnating a virgin minor girl and then forcing her family to consent to her marriage to her violator. (For data, see the UNICEF website.)

Sexual Exploitation of Children: The law provides penalties for conviction of child prostitution or child pornography of five to 10 years’ imprisonment, a fine of 1.5 to three million CFA francs ($2,750 to $5,500), or both. The minimum age of consensual sex is 15. In 2014 the National Assembly enacted a law criminalizing the sale of children, child prostitution, and child pornography. Children from poor families were particularly vulnerable to sex trafficking.

Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. Newspapers reported several cases of abandonment of newborn babies.

Displaced Children: There were numerous street children, primarily in Ouagadougou and Bobo-Dioulasso. Many children ended up on the streets after their parents sent them to the city to study with an unregistered Quranic teacher or to live with relatives and go to school. Government action to contain the increase in children living on the streets and to achieve their social reintegration included education campaigns for Quranic teachers in Nouna, Tougan, Dori, and Po.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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There was no known Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, but the government did not effectively enforce these provisions. There is legislation to provide persons with disabilities less costly or free health care and access to education and employment. The law also includes building codes to provide for access to government buildings. Authorities did not implement all of these measures effectively.

Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service.

The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs.

The government continued to arrange for candidates with vision disabilities to take the public administration recruitment exams by providing the tests in Braille. Additionally, authorities opened specific counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests.

In an attempt to better provide for youths with disabilities and advance women’s economic empowerment, the government provided loans at zero percent interest to help women and youth carry out economic activities. The Ministry of Women, National Solidarity, and Family also provided agricultural assistance to 500 women with disabilities living in rural areas to help them strengthen their agricultural production activities. Finally, the government organized a special session to recruit 41 persons with disabilities into the public service after providing them with vocational training.

National/Racial/Ethnic Minorities

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Longstanding conflicts between Fulani herders and sedentary farmers of other ethnic groups sometimes resulted in violence. Herders commonly triggered incidents by allowing their cattle to graze on farmlands or farmers attempting to cultivate land set aside by local authorities for grazing. Government efforts at dialogue and mediation contributed to a decrease in such incidents.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was a problem and was exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the LGBTI community.

LGBTI organizations had no legal status in the country but existed unofficially. The Ministry of Territorial Administration, Decentralization, and Internal Security did not approve repeated requests by LGBTI organizations to register, and it provided no explanation for the refusals. There were no reports of government or societal violence against such organizations, although incidents were not always reported due to stigma or intimidation.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS was a problem, and persons who tested positive were sometimes shunned by their families. Families sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some property owners refused to rent lodgings to persons with HIV/AIDS. The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.

Other Societal Violence or Discrimination

Vigilante groups across the country operated detention facilities. Media reported cases of torture and killing that took place in these facilities. For example, on

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January 6, a suspected thief named Bindi Kouldiaty died in Diapaga (East Region) after being tortured by local vigilante members in December 2016. Also, on March 28, a suspected thief was found dead in Pama (Kompienga Province) after being tortured by local vigilantes for 48 hours. Authorities did not arrest or charge the perpetrators in the majority of cases involving vigilante groups.

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining

The law allows workers to form and join independent unions of their choice without prior authorization or excessive requirements, but essential workers, such as magistrates, police, military, and other security personnel, may not join unions. The law provides unions the right to conduct their activities without interference.

The law provides for the right to strike, although it stipulates a narrow definition of this right. For strikes that call on workers to stay home and that do not entail participation in a rally, the union is required to provide eight to 15 days’ advance notice to the employer. If unions call for a march, three days’ advance notice must be provided to the city mayor. Authorities hold march organizers accountable for any property damage or destruction that occurs during a demonstration. The law also gives the government extensive requisitioning powers, authorizing it to requisition private- and public-sector workers to secure minimum service in essential services.

The law prohibits antiunion discrimination and allows a labor inspector to reinstate immediately workers fired because of their union activities, although in private companies such reinstatement was considered on a case-by-case basis. Relevant legal protections cover all workers, including migrants, workers in the informal sector, and domestic workers. There were no reports of antiunion discrimination during the year.

The law provides for freedom of association and collective bargaining. The government effectively enforced the law. The law listed sanctions for violations, including warnings, penalties, suspension, or dissolution and were generally sufficient to deter violations. Penalties consist of imprisonment and fines and vary depending on the gravity of the violation. In 2015 the CNT adopted amendments to the law. The amendments award a legal existence to labor unions of NGOs, create a commission of mediation, and require that associations abide by the law concerning funding terrorism and money laundering. The law also states that no

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 24 one may serve as the head of a political party and the head of an association at the same time.

Despite limitations on the right to strike, the government generally respected freedom of association and the right to collective bargaining. Private-sector employers did not always respect freedom of association, especially in the gold mining sector.

The government generally respected the right of unions to conduct activities without interference. Government resources to enforce labor laws were not sufficient to protect workers’ rights.

Unions have the right to bargain directly with employers and industry associations for wages and other benefits. Worker organizations were independent of the government and political parties. There were no reports of strikebreaking during the year.

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, but this sector included only a small percentage of workers. Employers sometimes refused to bargain with unions. In the private sector, particularly in mining and other industries, employers’ use of subcontracting made it difficult to enforce worker rights systematically. b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law considers forced or compulsory any labor or service provided by an individual under the threat of any type of sanction and not freely offered. The government did not effectively enforce applicable laws. Forced child labor occurred in the agricultural (particularly cotton), informal trade, domestic labor, restaurant, and animal husbandry sectors, as well as at gold panning sites and stone quarries. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 6, Children). The government did not have a significant, effective program in place to address or eliminate forced labor. Women from other West African countries were fraudulently recruited for employment in the country and subsequently subjected to forced prostitution, forced labor in restaurants, or domestic servitude in private homes. The government continued to conduct antitrafficking advocacy campaigns and operated a toll-free number for individuals to report cases of violence and trafficking.

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 25

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/. c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age for employment at 16 and prohibits children under age 18 from working at night, except in times of emergency. The minimum age for employment was consistent with the age for completing educational requirements, which was 16. In the domestic labor and agricultural sectors, the law permits children who are 13 and above to perform limited activities for up to four and one-half hours per day.

The law prohibits the worst forms of child labor, including the commercial sexual exploitation of children, child pornography, and jobs that harm the health of a child. The government was implementing the National Action Plan to combat the worst forms of child labor and to reduce significantly exploitative child labor. In 2015, the CNT adopted a revised mining code that includes new provisions prohibiting child labor in mines. The amendment establishes a penalty of two to five years in prison and a fine of five million CFA francs ($9,191) to 24 million CFA francs ($44,117) for violators. Antitrafficking legislation provides penalties of up to 10 years for violators and increases maximum prison terms from five to 10 years. The law also provides terms as long as 20 years’ to life imprisonment under certain conditions.

The National Action Plan against the worst forms of child labor coordinated the efforts of several ministries and NGOs. Its goals included greater dissemination of information in local languages, increased access to services such as rehabilitation for victims, revision of the penal code to address the worst forms of child labor, and improved data collection and analysis. A 2014 law criminalizes the sale of children, child prostitution, and child pornography.

Punishment for violating child labor laws includes prison terms of up to five years and fines of up to 600,000 CFA francs ($1,103). The government did not consistently enforce the law. The Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked sufficient inspectors, transportation, and other resources to enforce worker safety and minimum age laws. No data were available on number of prosecutions and convictions during the year.

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 26

The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor. Despite efforts by the government and several NGOs, violence against children, child labor, and child trafficking occurred. According to 2011 statistics compiled by the National Institute of Statistics, 76 percent of children between the ages of five and 17 engaged in some form of economic activity, 81 percent of whom worked in the agricultural sector. Children commonly worked with their parents in rural areas or in family-owned small businesses in villages and cities. There were no reports of children under the age of 15 employed by either government-owned or large private companies.

Children also worked in the mining, trade, construction, and domestic labor sectors. According to a 2012 UNICEF study, 20,000 children worked as servants, gold washers, or diggers in the gold mining sector. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children under age 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants earned from 3,000 to 6,000 CFA francs ($5.50 to $11) per month and worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/. d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations. Discrimination occurred based on race, color, sex, religion, political opinion, social origin, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status with respect to employment and occupation. The government took few actions during the year to prevent or eliminate it. e. Acceptable Conditions of Work

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 27

The law mandates a minimum monthly wage in the formal sector, which does not apply to subsistence agriculture or other informal occupations. Approximately 46 percent of the population lived below the poverty line. Poverty remained higher in rural areas. The minimum wage was less than the poverty income level.

The law mandates a standard workweek of 40 hours for nondomestic workers and a 60-hour workweek for household employees. The law provides for overtime pay, and there are regulations pertaining to rest periods, limits on hours worked, and prohibitions on excessive compulsory overtime.

The government sets occupational health and safety standards. There are explicit restrictions regarding occupational health and safety in the labor law. Employers must take measures to provide for safety and protect the physical and mental health of all their workers and assure that the workplace, machinery, materials, substances, and work processes under their control do not present health or safety risks to the workers.

The law requires every company with 30 or more employees to have a work safety committee. If an employee decides to remove himself due to safety concerns, a court rules on the relevancy of the decision.

The Ministry of Civil Service, Labor, and Social Security is responsible for enforcing the minimum wage and hours of work standards. Ministry inspectors and labor tribunals are responsible for overseeing occupational health and safety standards in the small industrial and commercial sectors, but these standards do not apply in subsistence agriculture and other informal sectors.

These standards were not effectively enforced. The Labor Inspector Corps lacked sufficient resources, including staff, offices, and transport. Penalties for violations were insufficient to deter violations. There were no reports of effective enforcement of inspection findings during the year.

Employers often paid less than the minimum wage. Employees usually supplemented their income through reliance on extended family, subsistence agriculture, or trading in the informal sector. Mining sector companies generally respected hours of work, overtime, and occupational safety and health standards. Employers subjected workers in the informal sector, which made up approximately 50 percent of the economy, to violations of wage, overtime, and occupational safety and health standards.

Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor TAB 6 2017

MINISTÈRE DE L’IMMIGRATION, DE LA DIVERSITÉ ET DE L’INCLUSION

RÉALITÉS JURIDIQUES ET SOCIALES DES MINORITÉS SEXUELLES DANS LES PRINCIPAUX PAYS D’ORIGINE DES PERSONNES NOUVELLEMENT ARRIVÉES AU QUÉBEC

Guide d’information 4e édition INTRODUCTION Ce guide vise à renseigner les intervenantes et intervenants sur les réalités des personnes immigrantes et réfugiées de minorités sexuelles, afin qu’ils en tiennent compte dans leur pratique. Il faut rappeler que plusieurs de ces personnes entreprennent leur parcours migratoire dans un état de relative vulnérabilité en raison de l’homophobie ou de la transphobie vécue. Elles ont parfois du mal à vivre et exprimer leur orientation sexuelle ou leur identité de genre, qui représentent une dimension de leur intégration à la société québécoise. Dans certains pays, l’immigration et la demande du statut de réfugié sont devenues, pour des personnes de minorités sexuelles, des moyens de fuir la persécution et la discrimination et de vivre en sécurité. Au Canada, l’orientation sexuelle est reconnue depuis 1991 comme un motif de persécution pour obtenir le statut de réfugié. Les analyses montrent que la situation des minorités sexuelles dans le monde varie considérablement. La majorité des États ont décriminalisé les relations sexuelles entre adultes consentants de même sexe au cours des dernières décennies. Plusieurs dizaines leur accordent une protection légale contre la discrimination. D’autres États ne reconnaissent toutefois pas la légitimité de ces pratiques et de ces identités. Au cours des dernières années, plusieurs cas médiatisés de persécution et de discrimination1 ont révélé les dynamiques sociales et politiques sous-jacentes au maintien, voire au durcissement, de lois homophobes et transphobes. Ces cas montrent comment des forces politiques et religieuses utilisent souvent cet enjeu afin de détourner l’attention de problèmes socioéconomiques et politiques, mais aussi l’importance du contexte : plusieurs des États qui criminalisent l’homosexualité sont des pays caractérisés par une précarité et une pauvreté endémique qui affectent toutes les minorités et la population en général (voir Annexe 1 pour une discussion plus détaillée). Ce guide offre un portrait synthétique de la situation actuelle. La situation parfois difficile des minorités sexuelles ne doit pas porter à croire que les pays documentés ne vivent aucune transformation sociale : la majorité des pays a connu des changements positifs importants au cours des récentes décennies. Il est important de ne pas porter un jugement hâtif et catégorique sur ces pays : la présence d’homophobie, de transphobie et d’hétérosexisme ne correspond pas à une caractéristique immuable et culturellement déterminée. Elle est plutôt alimentée par des dynamiques sociales, économiques, politiques et religieuses favorables et défavorables aux minorités sexuelles. De plus, la situation dans ces pays n’est pas uniforme : certains milieux sociaux sont moins ouverts aux droits des minorités sexuelles, tandis que d’autres les acceptent plus aisément. Il faut noter que dans plusieurs pays occidentaux, des actes homophobes et transphobes surviennent encore et sont valorisés dans des milieux conservateurs. Certaines sociétés sont actuellement plus ouvertes à la diversité sexuelle, mais aucune société n’est essentiellement homophobe ou transphobe. La lecture de ce guide doit donc être prudente afin que les nuances propres aux différents contextes sociaux ne soient pas occultées au profit de conclusions hâtives ou trop générales. Par ailleurs, il serait réducteur de présumer que les situations décrites se retrouvent à l’identique au sein des minorités ethniques et racisées du Québec, présomption qui est porteuse de maintes dérives2. D’une part, toutes les personnes dans les pays d’origine ne se conforment pas aux édits légaux, politiques et religieux et, d’autre part, la pensée et les valeurs des personnes immigrantes et réfugiées changent au fil de leur intégration. Il en va de même, a fortiori, des personnes nées au Québec, de parents immigrants, et scolarisées ici : leur pensée sur la diversité sexuelle, bien qu’influencée par celle de leurs parents, est assurément influencée par leur socialisation dans la société québécoise. La sélection des pays traités correspond à leur importance dans les flux migratoires vers le Québec au cours des dernières années. À partir des Tableaux sur l’immigration au Québec, 2011-20153, nous avons retenu les pays de naissance représentant un volume minimal de 500 personnes nouvellement arrivées au cours de cette même période. Nous y avons par ailleurs ajouté tous les pays de provenance de 50 personnes réfugiées et personnes en situation semblable admises au cours de la même période. Il s’agit donc de 73 pays, d’où proviennent environ 95 % de toutes les personnes arrivées au Québec au cours de cette période. Les états de situation sur le plan juridique ont été dressés principalement à partir du rapport State-sponsored homophobia. A world survey of sexual orientation laws : Criminalisation, protection and recognition, publié en 2017 par l’International Lesbian Gay Bisexual Trans and Intersex Association (ILGA).

1 Dalencour, André (2016), « Haïti : un festival LGBTQ annulé sous les menaces », Radio-Canada, http://ici.radio- canada.ca/nouvelle/805593/massimadi-festival-annulation-senatus; BBC (2016), « Indonesia bars LGBT job applicants for new youth position », www.bbc.com/news/world-asia-37646999; BBC (2016), « Bangladesh LGBT editor hacked to death », www.bbc.com/news/world-asia-36128729. 2 Haritaworn, Jin (2013), « Beyond ‘Hate’: Queer Metonymies of Crimes, Pathology and Anti-Violence », Jindal Global Law Review, 4(2) : 44-78. 3 Québec (2016), « Tableaux sur l’immigration permanente au Québec, 2011-2015 », ministère de l’Immigration, de la Diversité et de l’Inclusion.

Réalités juridiques et sociales des minorités sexuelles dans les principaux pays d’origine 3 des personnes nouvellement arrivées au Québec BURKINA FASO

Contexte juridique Les relations homosexuelles, masculines et féminines, n’ont jamais été criminalisées. Les personnes transgenres et transsexuelles ne peuvent pas demander le changement de la mention du sexe sur leurs documents d’identité. Contexte social Face à la stigmatisation populaire à l’encontre des personnes homosexuelles qui associe l’homosexualité à la féminité, peu d’hommes sont exclusivement homosexuels, plusieurs étant mariés, ce qui peut limiter la stigmatisation. Selon un sondage réalisé en 2011 auprès de 596 personnes de minorités sexuelles au Burkina Faso, près de 30 % des répondantes et répondants sont mariés ou divorcés. En milieu familial, il est rare qu’une personne révèle son homosexualité afin de ne pas s’exposer aux insultes et au rejet. La situation est particulièrement difficile pour les femmes, pour qui il est plus ardu d’échapper aux pressions familiales en faveur du mariage : celles qui ne se marient pas ou qui ont divorcé doivent être vigilantes, car elles risquent d’être harcelées si leur famille ou leur voisinage apprend leur orientation sexuelle. Les autorités policières et les médias font régulièrement preuve d’intolérance à l’égard des minorités sexuelles. Selon une enquête réalisée en 2014-2015, seulement 5 % des Burkinabés sont ouverts à l’égard des personnes de minorités sexuelles, une proportion nettement inférieure à la moyenne des pays africains (21 %). L’hostilité exprimée témoigne toutefois d’une forte méconnaissance de l’orientation sexuelle et de l’identité de genre, méconnaissance favorisée par l’absence de politiques et programmes adaptés aux besoins des personnes de minorités sexuelles. Les traditions culturelles dans certains secteurs de la société burkinabé offrent aux personnes de minorités sexuelles des rôles privilégiés, notamment au cours de cérémonies de mariage et de baptême, dont les rituels incluent des hommes habillés en femmes. Il n’en reste pas moins que, de façon générale, les minorités sexuelles, hommes et femmes, sont marginalisées et stigmatisées et doivent limiter l’expression de leur sexualité ou de leur identité de genre à certains lieux et réseaux clandestins. La situation des personnes transgenres est particulièrement préoccupante, plusieurs d’entre elles étant victimes de rejet familial, d’isolement, de harcèlement et de violence.

Références Dulani, Boniface, Gift Sambo et Kim Yi Dionne (2016), « Good neighbours? Africans express high levels of tolerance for many, but not all », Afrobarometer Dispatch, n° 74. Duvall, Sandra et autres (2015), « Assessment of Policy and Access to HIV Prevention, Care, and Treatment Services for Men Who Have Sex With Men and for Sex Workers in Burkina Faso and Togo », Journal of Acquired Immune Deficiency Syndrome, vol. 68 : S189-S197. Réseau des jeunes LGBTQ d’Afrique de l’Ouest (2012), Struggling Alone. The Lived Realities of Women who have sex with Women in Burkina Faso, Ghana and Nigeria, Ouagadougou. Réseau des jeunes LGBTQ d’Afrique de l’Ouest (2012), Survey of Sexual Minorities in Central and West Africa, Ouagadougou. Stahlman, Shauna et autres (2016), « Characterizing the HIV risks and potential pathways to HIV infection among transgender women in Côte d’Ivoire, Togo and Burkina Faso », Journal of the International AIDS Society, 19(2) : 20774.

BURUNDI

Contexte juridique Jusqu’en avril 2009, l’homosexualité n’était pas criminalisée au Burundi. Le président a alors promulgué un nouveau Code pénal qui prévoit de trois mois à deux ans de prison pour tout acte sexuel entre personnes de même sexe, et ce, en dépit de l’opposition du Sénat. Une réforme de la Constitution, en 2005, avait rendu explicitement illégal le mariage entre personnes de même sexe (article 29). Les personnes transgenres et transsexuelles ne peuvent pas demander le changement de la mention du sexe sur leurs documents d’identité. Contexte social Comme en d’autres pays africains, il est possible pour les personnes homosexuelles de vivre des pratiques sexuelles avec une personne de même sexe et de se rencontrer discrètement dans certains lieux publics et en privé, mais face

Réalités juridiques et sociales des minorités sexuelles dans les principaux pays d’origine 16 des personnes nouvellement arrivées au Québec Translation of Excerpt from pages 1, 3, and 16 of Governmental Source Entitled: RÉALITÉS JURIDIQUES ET SOCIALES DES MINORITÉS SEXUELLES DANS LES PRINCIPAUX PAYS D’ORIGINE DES PERSONNES NOUVELLEMENT ARRIVÉES AU QUÉBEC

MINISTRY OF IMMIGRATION, DIVERSITY AND INCLUSION

LEGAL AND SOCIAL REALITIES OF SEXUAL MINORITIES IN THE PRIMARY COUNTRIES OF ORIGIN OF PEOPLE WHO HAVE RECENTLY ARRIVED IN QUEBEC

Information guide 4th Edition

TOGETHER we are advancing Quebec Quebec

1. Translation of Excerpt from pages 1, 3, and 16 of Governmental Source Entitled: RÉALITÉS JURIDIQUES ET SOCIALES DES MINORITÉS SEXUELLES DANS LES PRINCIPAUX PAYS D’ORIGINE DES PERSONNES NOUVELLEMENT ARRIVÉES AU QUÉBEC

Legal and social realities of sexual minorities in the primary countries of origin of persons who have recently arrived in Quebec 3

2. Translation of Excerpt from pages 1, 3, and 16 of Governmental Source Entitled: RÉALITÉS JURIDIQUES ET SOCIALES DES MINORITÉS SEXUELLES DANS LES PRINCIPAUX PAYS D’ORIGINE DES PERSONNES NOUVELLEMENT ARRIVÉES AU QUÉBEC

INTRODUCTION

The goal of this guide is to inform workers about the realities of immigrants and refugees who are sexual minorities so that they take these into account in their practices. It should be noted that many of these people undertake their migratory journey in a state of relative vulnerability because of the homophobia or transphobia that they have experienced. They sometimes have difficulties in life and with expressing their sexual orientation or their gender identity, which represents one dimension of their integration into the Quebec society. In some countries, immigration and the demand for refugee status have become, for persons who are in a sexual minority, a means of escape from persecution and discrimination and to be able to live in safety. In Canada, sexual orientation has been recognized since 1991 as a reason for persecution in order to obtain refugee status. Analyses show that the situation of sexual minorities in the world varies considerably. The majorities of countries have decriminalized sexual relations between consenting adults of the same gender over the course of the last few decades. Several dozen countries grant them legal protection against discrimination. Other countries still do not recognize the legitimacy of these practices and these identities. Over the past several years, many persecution and discrimination cases1 that have been mediated have revealed the social and political dynamics underlying the maintenance, even the hardening of homophobic and transphobic laws. These cases show how political and religious forces often use this issue in order to divert attention from socioeconomic and political problems, but also the importance of the context: many countries that criminalize homosexuality are countries characterized by precariousness and endemic poverty that affect all minorities and the population in general (see Appendix 1 for a more detailed discussion). This guide offers a synthetic portrait of the current situation. The sometimes difficult situation of sexual minorities must not lead to the belief that the documented countries are not experiencing any social transformation. The majority of countries has experienced significant positive changes over the course of recent decades. It is important to avoid passing judgement hastily and categorically on these countries. The presence of homophobia, transphobia and heterosexualism does not correspond to an unchangeable and culturally determined character. Instead, it is more fueled by favorable and unfavorable social, economic, political and religious dynamics with sexual minorities. Moreover, the situation in these countries is not uniform. Certain social circles are less open to the rights of sexual minorities, while others accept them more easily. It should be noted that in many western countries, homophobic and transphobic acts still occur and are valued in conservative circles. Some societies are currently more open to sexual diversity, but no society is essentially homophobic or transphobic. Care should therefore be taken when reading this guide so that the nuances specific to various social contexts are not obscured in favor of hasty or overly general conclusions. Furthermore, it would be reductive to presume that the exact same situations described are found within the ethnic and racialized minorities of Quebec, a presumption that carries many

1 Dalencour, Andre (2016), “Haiti: LGBTQ festival cancelled under threats,” Radio-Canada, http://ici.radio- canada.ca/nouvelle/805593/massimadi-festival-annulation-senatus; BBC (2016). “Indonesia bars LGBT job applicants for new youth position,” www.bbc.com/new/world-asia-37646999; BBC (2016), “Bangladesh LGBT editor hacked to death,” www.bbc.com/news/world-asia-36128729.

Legal and social realities of sexual minorities in the primary countries of origin of persons who have recently arrived in Quebec 3

3. Translation of Excerpt from pages 1, 3, and 16 of Governmental Source Entitled: RÉALITÉS JURIDIQUES ET SOCIALES DES MINORITÉS SEXUELLES DANS LES PRINCIPAUX PAYS D’ORIGINE DES PERSONNES NOUVELLEMENT ARRIVÉES AU QUÉBEC derivatives2. On the one hand, not all the people in the country of origin complied with legal, political and religious edicts and, on the other hand, the thoughts and values of immigrants and refugees change over the course of their integration. The same is true, a fortiori, of persons born in Quebec of immigrant parents, who are educated here. Their thoughts on sexual diversity, although influenced by their parents’ thoughts, is certainly influenced by their socialization in Quebec society. The selection of countries discussed corresponds to their importance in migration flows to Quebec over the past few years. Starting with the Tables on immigration in Quebec, 2011-20153, we selected the countries of birth representing a minimum volume of 500 persons who have recently arrived over the course of this same period. We also added to this all the countries of origin of 50 refugees and people in similar situations who were admitted during this same period. This results in a total of 73 countries from which around 95% of all the people who arrived in Quebec over the course of this period originated. Legal status reports were drawn up mainly from the report entitled State-sponsored homophobia. A world survey of sexual orientation laws: Criminalization, protection and recognition, published in 2017 by the International Lesbian Gay Bisexual Trans and Intersex Association (ILGA).

2 Hantaworn, Jin (2013), “Beyond ‘Hate’: Queer Metonymies of Crimes, Pathology and Anti-Violence,” Jindal Global Law Review, 4(2): 44-78. 3 Quebec (2016), “Tables on permanent immigration to Quebec, 2011-2015,” Ministry of Immigration, Diversity and Inclusion.

Legal and social realities of sexual minorities in the primary countries of origin of persons who have recently arrived in Quebec 3 4. Translation of Excerpt from pages 1, 3, and 16 of Governmental Source Entitled: RÉALITÉS JURIDIQUES ET SOCIALES DES MINORITÉS SEXUELLES DANS LES PRINCIPAUX PAYS D’ORIGINE DES PERSONNES NOUVELLEMENT ARRIVÉES AU QUÉBEC

BURKINA FASO

Legal context Homosexual relations, masculine and feminine, have never been criminalized.

Transgender and transsexual persons may not request a change of the designation of gender on their identification documents.

Social context Faced with the popular stigma against homosexual people which associates homosexuality to the feminine, few men are exclusively homosexual. Many of them are married, which can limit the stigmatization. According to a survey carried out in 2011 that included 596 people of sexual minorities in Burkina Faso, almost 30% of the respondents are married or divorced.

In the family environment, it is rare for a person to reveal his/her homosexuality in order to avoid exposing themselves to insults and rejection. The situation is particularly difficult for women, for whom it is more difficult to escape family pressures in favor of marriage. Women who don’t get married or who have gotten divorced must be vigilant because they risk being harassed if their family or neighbors find out what their sexual orientation is. The police authorities and media regularly show intolerance with regard to sexual minorities.

According to a survey carried out in 2014-2015, only 5% of Burkinabés are open with regard to persons of sexual minorities, a proportion that is significantly lower than the average for African countries (21%). The hostility expressed, however, testifies to a strong lack of knowledge about sexual orientation and gender identity. This lack of knowledge is enhanced by the absence of policies and programs focused on the needs of persons of sexual minorities.

The cultural traditions in certain sectors of Burkinabé society offer persons of sexual minorities privileged roles, especially during wedding and baptism ceremonies, in which the roles include men dressed as women. But the fact remains that, in general, sexual minorities, both men and women, are marginalized and stigmatized and must limit the expression of their sexuality or their gender identity to certain places and clandestine networks. The situation for transgender persons is particularly worrisome. Many of them have been victims of familial rejection, isolation, harassment and violence.

References Dulani, Boniface, Gift Sambo and Kim Yi Dionne (2016), “Good neighbors? Africans express high levels of tolerance for many, but not all.” Afrobarometer Dispatch, no. 74. Duvall, Sandra et al (2015), “Assessment of Policy and Access to HIV Prevention, Care, and Treatment Services for Men Who have Sex With Men and for Sex Workers in Burkina Faso and Togo,” Journal of Acquired Immune Deficiency Syndrome, vol. 68: S189-S197. Networks of LGBTQ youth in West Africa (2012), Struggling Alone: The lived Realities of Women who have sex with Women in Burkina Faso, Ghana and Nigeria, Ouagadougou. Networks of LGBTQ youth in West Africa (2012), Survey of Sexual Minorities in Central and West Africa, Ouagadougou. Stahlman, Shauna et al (2016), “Characterizing the HIV risks and potential pathways to HIV infection among transgender women in Cote d’Ivoire, Togo and Burkina Faso,” Journal of the International AIDS Society, 19(2): 20774.

BURUNDI

Legal and social realities of sexual minorities in the primary countries of origin of persons who have recently arrived in Quebec 3

5. Translation of Excerpt from pages 1, 3, and 16 of Governmental Source Entitled: RÉALITÉS JURIDIQUES ET SOCIALES DES MINORITÉS SEXUELLES DANS LES PRINCIPAUX PAYS D’ORIGINE DES PERSONNES NOUVELLEMENT ARRIVÉES AU QUÉBEC

Legal context Until April 2009, homosexuality was not criminalized in Burundi. The president then promulgated a new Penal Code that calls for three months to two years of imprisonment for any sexual act between persons of the same sex, which was done despite the opposition of the Senate. A constitutional reform in 2005 had explicitly made marriage between persons of the same sex illegal (Article 29).

Transgender and transsexual persons may not request a change of the designation of gender on their identification documents.

Social context As in other African countries, it is possible for homosexual persons to have sexual relations with a person of the same sex and to meet discreetly in certain public places and in private, but faced

16 Legal and social realities of sexual minorities in the primary countries of origin of persons who have recently arrived in Quebec

6. December 23, 2020

This is to certify that the attached translation is, to the best of my knowledge and belief, a true and accurate translation from French into English of the attached documents:

•LOI N° 030-2008/AN • RÉALITÉS JURIDIQUES ET SOCIALES DES MINORITÉS SEXUELLES DANS LES PRINCIPAUX PAYS D’ORIGINE DES PERSONNES NOUVELLEMENT ARRIVÉES AU QUÉBEC • Reportage "On est loin d'envisager une gay pride au Burkina Faso"

Linguistic Systems, Inc. adheres to an ISO-certified quality management system that ensures best practices are always followed in the selection of linguists skilled in both the languages and subject matters necessary for every translation.

Patrick Evanson Production Manager Linguistic Systems

TAB 7

Burkina Faso: Treatment of sexual minorities, including legislation, state protection and support services (2014-April 2016)

Publisher Canada: Immigration and Refugee Board of Canada Publication 20 April 2016 Date Citation / Document BFA105383.FE Symbol Related Burkina Faso : information sur le traitement réservé aux minorités sexuelles, y compris sur les Document(s) lois, la protection offerte par l'État et les services de soutien (2014-avril 2016) Canada: Immigration and Refugee Board of Canada, Burkina Faso: Treatment of sexual minorities, including legislation, state protection and support services (2014-April 2016) , 20 Cite as April 2016, BFA105383.FE, available at: https://www.refworld.org/docid/5729a8d74.html [accessed 27 November 2020] This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, Disclaimer its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Legislation

1.1 Criminalization

According to several sources, homosexuality is not criminalized in Burkina Faso (Le Quotidien 8 June 2015; Sweden Sept. 2012, 1; Rodenbough July 2014, 18). In addition, according to the US Department of State Country Reports on Human Rights Practices for 2014, "[t]he law does not discriminate on the basis of sexual orientation or gender identity in employment and occupation, housing, statelessness, or access to education or health care" (US 25 June 2015, 27).

Concerning acts of indecency or public nuisance, articles 410 and 411 of the Penal Code [Code penal] read as follows:

[translation]

Article 410

Any person who causes a public nuisance shall be punished with a term of imprisonment of between two months and two years and a fine of between 50,000 and 600,000 francs.

Any deliberate act that is contrary to good morals and is committed in public or in a private place visible to the public and that may offend the sense of decency of third parties who involuntarily witness the act shall constitute a public nuisance. ...

Article 411

Any act of a sexual nature that is contrary to good morals and is committed directly and deliberately on another person, with or without force, compulsion or surprise, shall constitute an offence against decency. (Burkina Faso 1996)

According to an independent research report authored by Philip P. Rodenbough as part of the Virtual Student Foreign Service Project of the US Department of State and titled "On Being LGBT in West Africa," "although there are fears that these articles could be used to prosecute homosexuality, no such instances are documented" (Rodenbough July 2014, 18). Similarly, the Swedish International Development Cooperation Agency (SIDA), a government agency working in nearly 40 countries around the world, including Burkina Faso (Sweden 10 Aug. 2015), notes in a September 2012 report on LGBT rights in Burkina Faso that there have been no documented arrests under the public nuisance provisions (Sweden Sept. 2012, 1).

In addition, in a report on the legal status of LGBT persons in francophone West Africa, the Queer African Youth Network (QAYN) states the following:

[QAYN English version]

For Burkina Faso, people surveyed testify to the exceptional character of [arbitrary arrests of LGBT persons]. Only one person mentions an arbitrary arrest. (QAYN July 2015, 24)

QAYN also states that [QAYN English version] "[o]ffences are further punished when LGBTQ individuals perpetrate them. Two judgments given by tribunals in Burkina Faso demonstrate this practice, without, however, being able to demonstrate whether this practice is exceptional or common" (QAYN July 2015, 24). QAYN specifies that the following two cases were reported by media in Burkina Faso:

[QAYN English version]

In a judgment by the High Court of BoboDioulasso on 7 January 2013, a young transvestite gay was sentenced for street solicitation whereas this offence is almost never referred to tribunals for other cases of street solicitation.

…

[A]n offence of corruption of a minor was used to sentence a young lesbian, whereas this offence is not used to protect heterosexual minors (ibid.).

Moreover, according to Rodenbough:

Burkina Faso does have laws against prostitution, and these have been used to prosecute same-sex acts, although it is unclear if the same-sex acts are bases of bona fide prostitution (July 2014, 18).

Sources also report that in February 2015, the Party for National Rebirth (Parti pour la renaissance nationale, PAREN) tabled a bill on the prohibition and prosecution of bestiality, homosexuality and pedophilia (Fasozine 9 Feb. 2015; Burkina 24 9 Feb. 2015) and same-sex marriage, designed to [translation] "prevent deviant behaviour resulting from Western personal freedoms" (ibid.). Burkina Faso's interim government rejected the bill (Express du Faso 11 Nov. 2015; Burkina Online 9 Nov. 2015).

1.2 Marriage

Article 23 of the Constitution stipulates that [translation] "marriage shall be based on the free consent of the man and the woman" (Burkina Faso 1991). The SIDA report notes that the law prohibits same-sex marriage (SIDA Sept. 2012, 1). 1.3 Protection Against Hate Crimes and Discrimination

Country Reports 2014 states

[US English version]

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the LGBT community (US 25 June 2015, 28).

The SIDA report notes that there is no legislation "that protects LGBT persons from discriminatory treatment" (SIDA Sept. 2012, 1). The website of Le Quotidien in Burkina Faso mentions [translation] "internal pressure (religious, customary and sometimes political) that obstructs the implementation of a law" on LGBT rights (8 June 2015). However, Country Reports 2014 states, "The law and regulations prohibits discrimination regarding … sexual orientation, and/or gender identity" (US 25 June 2015, 31). Country Reports 2014 adds, however, that the "government did not effectively enforce those laws and regulations. Discrimination [against LBGT persons] occurred based on the above categories with respect to employment and occupation" (ibid., 31-32).

2. Treatment by Society

Freedom House notes that LGBT persons in Burkina Faso "routinely experience discrimination" (2015).

Similarly, Country Reports 2014 states the following:

[US English version]

Other human rights problems included … discrimination against members of the lesbian, gay, bisexual and transgender (LGBT) community (US 25 June 2015, 1).

Country Reports 2014 adds

[US English version]

LGBT persons were occasionally victims of verbal and physical abuse, according to LGBT support groups. (US 25 June 2015, 27)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Agence d'information du Burkina (AIB) explains that [translation] "homosexuality remains taboo in Burkina Faso society, primarily because of ancestral and religious values" (4 Mar. 2016). In an article on homosexuality in Africa published by the journal Africa in Fact, the African correspondent for the Daily Maverick in Johannesburg states the following:

Though [Burkina Faso] has no laws against homosexuality, it is still a difficult place to be gay. … [T]he subject is still largely taboo. Gay people report being stigmatized, rejected, or hiding their practice. (Allison Aug. 2013, 4, 14)

Similarly, SIDA reports that LGBT persons face stigmatization by society (Sweden Sept. 2012, 2).

In the spring of 2015, numerous sources reported that, in Bobo-Dioulasso, a city in southwestern Burkina Faso, there were protests or events, some led by Western Islamic organizations, to support PAREN's bill on the prohibition of homosexuality, or to speak out against the practice of homosexuality in their city (Les Échos du Faso 4 Mar. 2015; AIB 6 Mar. 2015; Le Faso 29 May 2015). The Burkina Faso news website Le Faso also reports that on 28 May 2015, protestors participating in a march against homosexuality in Bobo-Dioulasso went to the homes of [translation] "families suspected of sheltering homosexuals" and chanted slogans that were "hostile to homosexuals" (ibid.). The source notes that the protestors received support from local religious leaders (ibid.). The Burkina Faso daily newspaper Sidwaya also reports on this march (Sidwaya 28 Dec. 2015).

According to Sidwaya:

[translation]

[h]ounded from all sides, especially by religious communities, and closely monitored by their families, homosexuals are sentenced to living in secrecy in the city of Bobo-Dioulasso (ibid.).

On 12 September 2015, the Regional Coordination of Western Islamic Associations (Coordination régionale des associations islamiques de l'Ouest organized another meeting in Bobo-Dioulasso, with representatives of Christian churches, to reaffirm their stand against homosexuality and its legalization in Burkina Faso and for its punishment (L'Opinion 16-22 Sept. 2015; AIB 14 Sept. 2015; Les Échos du Faso 13 Sept. 2015).

According to a survey conducted in 2014-2015 by Afrobarometer [1] on homophobia in Africa, Burkina Faso is the 3rd most intolerant country in Africa, with 5 percent of its population saying that [Afrobarometer English version] "they would 'strongly like,' 'somewhat like' or 'not care' if they lived next to homosexuals" (Afrobarometer 1 Mar. 2016, 13).

3. State Protection

Information on state protection provided to LGBT persons was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to Country Reports 2014,

[US English version]

There were no reports that the government responded to societal violence and discrimination against LGBT persons (US 25 June 2015, 27).

4. LGBT Support Organizations

According to Rodenbough:

There are several LGBT rights groups in Burkina Faso. One of the most prominent is the Queer African Youth Networking Center (QAYN), which stylizes itself as a regional network of LGBT youth in West Africa. ... The organization is particularly noteworthy because of its strong focus on lesbians, who the organization claims are often overlooked in the context of MSM HIV/AIDS programs (July 2014, 20).

According to an article from Le Quotidien, QAYN was founded in 2010, is led by Mariam Sako, alias Armisen, and is based in Ouagadougou (Le Quotidien 8 June 2015). The article notes that [translation] "social rejection forces [QAYN] to operate … in absolute secrecy" (ibid.).

Rodenbough also mentions the existence of another LGBT organization called LAMBDA (July 2014, 20); the Swedish organization Sida describes this organization as follows:

The LGBT group LAMBDA is registered to work for the "protection of marginalised and estranged individuals," and not as an LGBT organisation, due to fear of persecution from the authorities.

…

LAMBDA works primarily with counselling and support, helping people to deal with their sense of guilt caused by the stigma from the society. … Thus, the organisation works mainly towards a long-term improvement within their member base, as they do not at this point have the capacity to reach out to the public or to advocate for the rights of LGBT people. Their first priority is to raise funds to create a safe meeting space for their members. This has so far been a challenge (Sweden Sept. 2012, 2).

In July 2014, Rodenbough also mentioned that LAMBDA's contact information was difficult to obtain (July 2014, 20). More recent information on LAMBDA could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Country Reports 2014 states the following:

[US English version]

LGBT organizations had no legal status in the country but existed unofficially. Repeated attempts by LGBT organizations to register with the Ministry of Territorial Administration, Decentralization, and Security were not approved, and no explanation was provided for the refusals. There were no reports of government or societal violence against such organizations, although incidents were sometimes not reported due to stigma or intimidation (US 25 June 2015, 27-28).

According to an article by Simon Allison published in the journal Africa in Fact:

Gay rights organizations struggle to find a safe meeting place for members and are also hamstrung by the lack of funding (Allison Aug. 2013, 14).

The QAYN report on the legal status of LGBT persons

[QAYN English version] identifies two organizations/groups: Alternative Burkina and Queer African Youth Network (QAYN). QAYN, which applied for registration as a LGBTQ organization, was denied recognition by the administration without any explanation. To be recognized, Alternative Burkina had to place its social purpose under HIV/AIDS control, specifically targeting "vulnerable groups" (MSM). (QAYN July 2015, 15)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] Afrobarometer is described as [Afrobarometer English version] "a pan-African, nonpartisan research network that conducts public attitude surveys on democracy, gouvernance, economic conditions, and related issues across Africa" (Afrobarometer 1 Mar. 2016, 2). Afrobarometer conducts interviews with [Afrobarometer English version] "nationally representative samples," which yield results with a margin of sampling error of +/-2 to 3 percent at a 95 percent confidence level (ibid.).

References

Afrobarometer. 1 March 2016. Boniface Dulani, Gift Sambo and Kim Yi Dionne. "Bons voisins? Les Africains démontrent un sens élevé de la tolérance envers beaucoup, mais pas tous." Dispatch No. 74. [Accessed 31 Mar. 2016]

Agence d'information du Burkina (AIB). 4 March 2016. "Homosexualité : Ban Ki-Moon appelle à la 'compassion,' l'Eglise du Burkina s'en tient à 'l'Evangile.'" [Accessed 31 Mar. 2016]

_____. 14 September 2015. Adaman Drabo. "Homosexualité au Burkina Faso : une 'insurrection' à Bobo contre sa légalisation." [Accessed 26 Mar. 2016] _____. 6 March 2015. Adaman Drabo. "Homosexualité : le 'niet' des musulmans de Bobo-Dioulasso." [Accessed 31 Mar. 2016]

Allison, Simon. August 2013. "Africa: From the Closet to the Clapper." Africa in Fact, Issue 14. [Accessed 19 Apr. 2016]

Burkina 24. 9 February 2015. Mouniratou Lougue. "Le PAREN propose une loi contre l'homosexualité." [Accessed 26 Mar. 2016]

Burkina Faso. 1996. Loi No. 043/96/ADP du 13 novembre 1996 portant Code pénal. [Accessed 31 Mar. 2016]

_____. 1991 (amended in 2002). La Constitution du Burkina Faso. [Accessed 31 Mar. 2016]

Burkina Online. 9 November 2015. Arnaud Ouédraogo. "Tahirou Barry, candidat du PAREN : 'Nous avons un message de vérité.'" [Accessed 13 Apr. 2016]

Les Échos du Faso. 13 September 2015. Cheick Omar Traoré. "Bobo-Dioulasso : les musulmans pour la répression légale de l'homosexualité." [Accessed 31 Mar. 2016]

_____. 4 March 2015. Cheick Omar Traoré. "Bobo-Dioulasso : des musulmans pour l'interdiction de l'homosexualité." [Accessed 26 Mar. 2016]

Express du Faso. 11 November 2015. Adama Manakounou. "Situation nationale : le PAREN contre le rejet de ses quatre propositions de lois au CNT." [Accessed 13 Apr. 2016]

Le Faso. 29 May 2015. Ousséni Bancé. "Bobo : Des jeunes de Sikasso-Cira ont marché contre des personnes soupçonnées d'homosexualité." [Accessed 31 Mar. 2016]

Fasozine. 9 February 2015. "CNT : Le PAREN va proposer une loi contre l'homosexualité." [Accessed 26 Mar. 2016]

Freedom House. 2015. "Burkina Faso." Freedom in the World 2015. [Accessed 10 Dec. 2015]

L'Opinion. 16 to 22 September 2015. Drisa Kone. "Homosexualité au Burkina Faso. Les musulmans de l'Ouest proposent une loi pour l'interdire à jamais." [Accessed 31 Mar. 2016]

Queer AfricanYouth Network (QAYN). July 2015. Il ne faut pas réveiller le lion qui dort : cartographie de la situation juridique des personnes LGBTQ en Afrique de l'ouest francophone. [Accessed 5 Apr. 2016]

Le Quotidien. 8 June 2015. Salifou Ouedraogo. "Droits des homosexuels au Burkina Faso : la justice et le CNT réticents." [Accessed 26 Mar. 2016]

Rodenbough, Philip P. July 2014. On Being LGBT in West Africa. Independent research report rche indépendante menée dans le cadre du Virtual Student Foreign Service Project of the United States Department of State. [Accessed 31 Mar. 2016]

Sidwaya. 28 December 2015. Moussa Congo. "Homosexualité : dans la clandestinité avec les bannis du sexe." [Accessed 31 Mar. 2016]

Sweden. 10 August 2015. Swedish International Development Cooperation Agency (Sida). "Embassies with Sida Staff." [Accessed 19 Apr. 2016]

_____. September 2012. The Rights of LGBT Persons in Burkina Faso. [Accessed 26 Mar. 2016]

United States (US). 25 June 2015. Department of State. " Burkina Faso." Country Reports on Human Rights Practices for 2014. [Accessed 26 Mar. 2016] Additional Sources Consulted

Internet sites, including: 76 Crimes; ABYZ; Africa1.com; Africa Confidential; Africa Research Online; Afrique Actualité; Afro Santé LGBT; Amnesty International; Arc International; Association Lgbt Militante & Friendly, Poitou-Charentes; Burkina-Faso.ca; Columbia.edu; ecoi.net; Faso News; Faso Press; Fédération internationale des ligues des droits de l'homme; Franciscan International; Gay Afrique; GayLawNet; GlobalGayz; The Guardian; Homophopie.org; Human Rights Watch; Human Rights Without Frontiers; nter-lgbt.org; Jeune Afrique; Lgbtnet.dk; Le Monde; Moussaweb; Mulabi.org; Omegabf.net; Ouaga.com; Passop.co.za; LePays.bf; Refugee Legal Aid Information; Slate Afrique; Spartacus International Gay Guide; United Nations - Refworld, Human Rights Council.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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Lesbian, gay, bisexual, transgender and intersex (LGBTI) Persecution on the basis of sexual orientation or gender identity State protection Translation of Media Source Entitled: On est loin d’envisager une gay pride au Burkina Faso accused of “promoting homosexuality” because the homosexuals of Bobo-Dioulasso are welcome there. “In Bobo, everyone knows each other,” says this chef, wearing Adidas thongs, just as gay as he is Muslim. “So you have to live without attracting people’s attention because at the slightest mistake, we will come to burn your house down.” Tempted by exile, he has no other choice besides staying in Burkina. But, like many others, he has to put up with the incessant questions from his relatives about the reason behind his celibacy.

Like Binta (1), 19 years old, seated close by on a bench. Hair braided and holding a shoulder bag, this young lesbian whose features still look like a teenager’s dreads her parents’ and sisters’ reprobation if she refuses to marry a man, the common lot of queer Burkinabé women. “There are families that will banish you because you don’t want to get married by a certain age,” says the high school girl, regretfully. Sitting next to her, Naomi, a young 26-year-old trans woman, nods and says, “My parents are Muslim fanatics, so their religion makes it so that they would never accept me the way I am.” If it is “impossible for her to start her transition” legally and to dress the way she feels, this student in Bobo-Dioulasso, who is determined, is counting on the open minds of new generations. “Being trans today is considered to be identity theft,” continues the slender woman. “But we will fight for future youth.” To this end, she founded one of the three trans associations in the country in 2017, Transgender BF, which has around fifty membrs. Her goal: “change the law” so that trans people are no longer “marginalized” and can “live freely” with appropriate identification documents. Other LGBT militants, like Marcel in Ouagadougou, plead for the creation of an associative monitoring center to document the violence and discrimination since they cannot yet parade under the rainbow flag. A tale of taking a few steps forward at a time.

(1) First names have been changed.

Florian Bardou, Special Envoy to Burkina Faso (https://www.liberation.fr/auteur/16831-florian- bardou)

TAB 8 BURKINA FASO 2015 HUMAN RIGHTS REPORT

EXECUTIVE SUMMARY

Burkina Faso is a constitutional republic led by an elected president. On November 29, the country held peaceful and orderly presidential and legislative elections, marking a major milestone in the country’s transition to democracy. President Roch Mark Christian Kabore won with 53 percent of the popular vote, and his party--the People’s Movement for Progress (MPP)--won 55 seats in the 127-seat National Assembly. The Union for Progress and Change (UPC) won 33 seats, and the former ruling party, the Congress for Democracy and Progress (CDP), won 18. National and international observers characterized the elections as free and fair. Civilian authorities at times did not maintain effective control over the security forces.

In October 2014 Blaise Compaore, who had served as president since 1987, resigned and left the country following massive public demonstrations against his efforts to revise the constitutional articles on term limits to run for re-election in 2015. In November 2014 a transitional government led by interim president Michel Kafando and interim prime minister Yacouba Isaac Zida was established. On September 16, the transition was disrupted when members of the Presidential Security Regiment (RSP) interrupted the weekly meeting of the Council of Ministers and detained the interim president, prime minister, and cabinet members. On September 17, General Gilbert Diendere, former head of the RSP, seized power and proclaimed himself president of a National Council for Democracy (CND). RSP soldiers killed and injured civilians, attacked journalists, raided media offices, and destroyed media equipment. On September 23, following a public outcry and mediation led by the Economic Community of West African States (ECOWAS), Kafando was reinstated as interim president. Subsequently, a decree of the Cabinet of Ministers dissolved the RSP, and the regular military forces disarmed it. Authorities arrested and prosecuted General Diendere along with a number of military members, political leaders, and civilians for destabilizing the country.

The most significant human rights problems included security force killings and use of excessive force, including torture, against civilians and detainees; harsh and life-threatening prison conditions; and violence and discrimination against women and children, including female genital mutilation/cutting (FGM/C).

Other human rights problems included arbitrary arrest and detention; judicial inefficiency and lack of independence; violence against journalists; restrictions on BURKINA FASO 2 freedoms of speech, expression, and assembly; official corruption; trafficking in persons; discrimination against persons with disabilities; societal violence; discrimination against members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community; discrimination against persons with HIV/AIDS; and forced labor, including by children.

The transitional government took steps to investigate and prosecute officials who committed violations, whether in the security forces or elsewhere in government, but impunity remained a problem.

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life

There were reports the transitional government or its agents committed arbitrary or unlawful killings.

Following the September 16 attempted coup, RSP members shot and killed 14 protestors and bystanders, including two children. None of those killed had been armed or posed any threat to security forces, according to Amnesty International (AI). For example, on September 17, RSP members arrived at a peaceful protest in front of the palace of the traditional king, the Moogho Naaba, and began shooting in the air and towards the crowd. RSP members shot and killed two demonstrators in the square. A member of the RSP on a motor bike chased protestors and fatally shot another man in the back of the neck. According to medical evidence seen by AI of other incidents between September 16 and 20, authorities shot six persons in the back and killed them while running away from security forces. Authorities shot and killed others with gunshots in the head, chest, and thorax, “indicating that soldiers who had opened fire had not attempted to minimize fatal injury,” according to AI. The government reported an additional 251 persons injured in violence following the attempted coup, many by live ammunition. The RSP whipped and beat others, according to AI.

At year’s end authorities formally indicted 63 individuals as part of related investigations, including Leonce Kone, a CDP leader, and Hermann Yameogo, president of the National Union for Democracy and Development (UNDD). General Diendere faced 11 charges, including treason, threatening state security, collusion with foreign forces to destabilize the country, murder, concealment of corpses, forgery, and crimes against humanity. Former minister of foreign affairs Djibril Bassole faced six charges, including threatening state security and collusion

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 3 with foreign forces. Both men were detained at a military correctional facility. The director of military justice declined to name all individuals who authorities charged. In addition to judicial proceedings, the government created a commission of military officers and magistrates to investigate September events and identify perpetrators and their accomplices.

In July prosecutors opened judicial investigations against individuals connected to the October to November 2014 violence that resulted in the deaths of 28 persons and the injuring of 625 during protests in response to former president Compaore’s efforts to force a National Assembly vote to change presidential term limits. According to a government temporary committee, nine of the 28 deaths were believed to be the result of gunshot injuries inflicted by RSP members; several other deaths occurred during or as a result of acts of vandalism.

On December 6, the Office of the Military Prosecutor confirmed to local and international media that General Diendere had been charged with “assassination attempt, murder, and concealment of corpses” in the 1987 killing of former president Thomas Sankara during the coup that brought Blaise Compaore to power. On October 16, the director of military justice announced that eight persons had been charged in the Sankara case, four of whom were in custody at year’s end. Results of DNA testing were inconclusive on the identity of the remains of the 13 victims, including the former president and 12 of his colleagues.

After reopening the case of Norbert Zongo, a journalist killed in 1998 along with three other individuals while investigating the death of the driver of Francois Compaore (brother of the former president), judicial authorities indicted Wampasba Nacoulma, Banangoulo Yaro, and Christophe Kombacere, three soldiers of the former RSP. On December 14, the government announced that the families of the four victims would receive 233,135,409 CFA francs ($404,000) as financial compensation in compliance with a June decision of the African Court on Human and Peoples’ Rights. b. Disappearance

There were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 4

The constitution and law prohibit such practices, and in May 2014 the National Assembly adopted a law to define and prohibit torture and all related practices. Nevertheless, there were reports that members of the security forces tortured, threatened, beat, and otherwise abused individuals (see section 1.a.).

For example, in April, Alaye Diallo, a herder living in the village of Zoetgomde, filed a complaint against the gendarmerie of Koudougou, claiming a gendarme tortured him and severely burned his back during his 20-day detention in June 2014 for allegedly stealing 10 cows from the village chief. Authorities subsequently arrested the gendarme who inflicted the abuse.

Prison and Detention Center Conditions

Conditions in prisons and detention facilities were harsh and at times life threatening due to overcrowding and inadequate sanitary conditions and medical care.

Physical Conditions: According to the Ministry of Justice, Human Rights, and Civic Promotion, as of June 30, authorities incarcerated more than 6,200 inmates nationwide, including approximately 100 women and 200 minors. Authorities held juveniles and adults separately at the Maison d’Arret et de Correction de Ouagadougou (MACO), but there were no separate facilities for juveniles in provincial prisons. Pretrial detainees usually were held with convicted prisoners. Female prisoners had better conditions than those of men, in large part due to less crowding. Although regulations require the presence of a doctor and five nurses at MACO’s health unit, only three nurses were on duty to treat detainees, and a doctor came only once a week. Prisoners’ diets were inadequate, and inmates often relied on supplemental food from relatives. Prison infrastructure throughout the country was decrepit. In MACO and other prisons, severe overcrowding exacerbated inadequate ventilation, although each cell had electricity and inmates could have fans. Sanitation was rudimentary.

On August 24 and 25, officials from the Ministry of Justice, Human Rights, and Civic Promotion visited prisons, correctional facilities, gendarmeries, and police stations in Bob-Dioulasso to verify compliance with standards of detention and human rights. Their subsequent report cited overcrowding, ineffective separation of prisoners by gender and age, and insufficient financial, material, and human resources.

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 5

According to human rights organizations, deaths occurred in prisons and jails due to harsh conditions and neglect. Human rights activists estimated that one or two inmates died monthly as a result of harsh prison conditions.

There were no appropriate facilities or installations for prisoners or detainees with disabilities, who relied on other inmates for assistance.

Administration: Unlike in the previous year, there were no reports that prisons lost inmate files, and authorities generally investigated credible allegations of inhuman prison conditions, according to a human rights nongovernmental organization (NGO).

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prison authorities regularly granted permission to representatives of local and international human rights groups, media, foreign embassies, and the International Committee of the Red Cross to visit prisons without advance notice. d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but security forces did not always respect these prohibitions.

Role of the Police and Security Apparatus

The National Police and municipal police, under the Ministry of Territorial Administration, Decentralization, and Security, and the gendarmerie, under the same ministry as well as the Ministry of Defense, are responsible for internal security. The military, under the Ministry of Defense, is responsible for external security but sometimes assisted with missions related to domestic security.

Use of excessive force, corruption, a climate of impunity, and lack of training contributed to police ineffectiveness. Inadequate resources also impeded police effectiveness.

The Military Justice Administration examines all killings involving military personnel or gendarmes and evaluates whether they occurred in the line of duty or were otherwise justifiable. If not, authorities referred the case to civilian courts. Civilian courts automatically handle killings involving police. The gendarmerie is responsible for investigating abuse by police and gendarmes, but the results of their

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 6 investigations were not always made public. Military courts held a number of public trials in which civilians pressed charges against military personnel; verdicts were reported in the press.

NGOs and the Ministry of Justice, Human Rights, and Civic Promotion conducted training activities on human rights for security forces. On August 28, in Bobo- Dioulasso, the ministry held a workshop on prisoner rights for law enforcement agents and civil society organizations rights. From July 27 to August 1, AI initiated a series of workshops for police in Bobo-Dioulasso on the protection of human rights during operations to maintain public order.

Arrest Procedures and Treatment of Detainees

By law police must possess a warrant based on sufficient evidence and issued by a court to apprehend a suspect, but authorities did not always follow these procedures. Authorities did not consistently inform detainees of charges against them. By law detainees have the right to expeditious arraignment, bail, access to legal counsel, and, if indigent, access to a lawyer provided by the state after being charged. Authorities seldom respected these rights. The law does not provide for detainees to have access to family members, although authorities generally allowed detainees such access through court-issued authorizations.

The law limits detention without charge for investigative purposes to a maximum of 72 hours, renewable for a single 48-hour period. Police rarely observed the law, and the average time of detention without charge (preventive detention) was one week. Once authorities charge a suspect, the law permits judges to impose an unlimited number of six-month preventive detention periods while the prosecutor investigates charges. Authorities often detained defendants without access to legal counsel for weeks or months before appearing before a magistrate.

Arbitrary Arrest: Security forces arrested demonstrators, opposition activists, and journalists (see sections 2.a., 2.b., and 3).

In April security forces arrested and detained several former cabinet members and dozens of former mayors for alleged embezzlement and mismanagement of funds during their tenure as ministers (see section 4). Authorities released all detainees after a judicial ruling declaring the arrests illegal since only the High Court of Justice can judge cabinet members. The former ruling party, the CDP, denounced the arrests as arbitrary and complained that due process was not followed. The Burkinabe bar association publically complained that authorities did not give

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 7 detainees access to their lawyers after their arrest, in violation of national and regional legislation.

Pretrial Detention: Government officials estimated that 48 percent of prisoners nationwide were in pretrial status. In some cases authorities held detainees without charge or trial for longer periods than the maximum sentence they would have received if convicted of the alleged offense. A pretrial release (release on bail) system exists, although the extent of its use was unknown. e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the judiciary was corrupt, inefficient, and subject to executive influence, according to NGOs. Magistrates were poorly paid and corrupt, legal codes were outdated, there were not enough courts, and legal costs were excessive. Citizens’ poor knowledge of their rights further weakened the courts.

Military courts try cases involving military personnel charged with violating the military code of conduct. Rights provided in military courts are equivalent to those in civil criminal courts. Military courts are headed by a civilian judge, hold public trials, and publish verdicts in the local press.

Trial Procedures

Trials are public, but authorities use juries only in criminal cases. The law presumes defendants are innocent. Defendants have the right to legal representation, consultation, and adequate time and facilities to prepare a defense. Defendants have the right to be present at their trials and to be informed promptly and in detail of charges against them, with free interpretation of proceedings if necessary. Defendants have the right to provide evidence and to have access to government-held evidence. Defendants have the right not to be compelled to testify or confess guilt, but a refusal to testify often resulted in harsher decisions. Defendants may challenge and present witnesses and have the right of appeal. In civil cases where the defendant is destitute and files an appeal, the state provides a court-appointed lawyer. In criminal cases court-appointed lawyers are mandatory for those who cannot afford one. The law extends these rights to all citizens, but the government did not always respect these rights, due in part to popular ignorance of the law and a continuing shortage of magistrates and court-appointed lawyers.

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The Ministry of Justice, Human Rights, and Civic Promotion claimed authorities usually tried cases within three months, although human rights organizations reported major court case backlogs. In 2011 the government introduced “processing of criminal penalties in real time,” a reform to shorten pretrial detention. The reform allows the prosecutor and investigators (police and gendarmerie) to process a case prior to the criminal hearing. This approach allows authorities to inform defendants of the charges and trial date before authorities release them pending trial. The reform at first applied only to cases introduced in the High Court of Ouagadougou, but authorities extended it nationwide during the year.

Political Prisoners and Detainees

There were reports of political prisoners or detainees during the year.

On April 8, in Bobo-Dioulasso security forces reportedly arrested Sita Ouattara--an activist and vocal member of the opposition New Alliance of Faso party--during a demonstration against an April revision to the electoral code that precludes individuals from running for office if they supported the former president’s 2014 attempt to revise presidential term limits. Six other activists were arrested with Ouattara but released within hours. Authorities charged Ouattara with “conspiracy against the security of the state” and detained him at the Bobo-Dioulasso correctional facility until May 6, when she appeared before a judge, who ordered her release.

On May 30, police in Bobo-Dioulasso arrested Pascal Zaida--the coordinator of the National Coordination for a Successful Transition (CNTR)--following a complaint by the Ministry of Territorial Administration, Decentralization, and Security for “disturbing public order and inciting revolt against authority.” The CNTR, a coalition of civil society organizations that opposed the April revisions to the electoral code, stated that police offered to release Zaida if he cancelled a CNTR general assembly meeting planned for May 31 and returned immediately to Ouagadougou. Zaida, whom police questioned and detained for three days, said he was only notified of the ministry’s complaint upon his release. The CNTR denounced his arrest as an “intimidation” designed to deter the coalition and other organizations from participating in the political debate.

Civil Judicial Procedures and Remedies

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There is an independent judiciary in civil matters, but it was often inefficient, corrupt, and subject to executive influence. As a result citizens sometimes preferred to rely on the ombudsman to settle disputes with the government.

The law provides for access to a court to file lawsuits seeking damages for, or cessation of, a human rights violation, and both administrative and judicial remedies were available for alleged wrongs. Victims of human rights violations may directly appeal to the ECOWAS Court of Justice, even before going through national courts. For civil and commercial disputes, authorities may refer cases to the Abidjan Common Court of Justice and Arbitration. The courts issued several such orders during the year.

There were problems enforcing court orders in sensitive cases involving national security, wealthy or influential persons, and government officials. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and the government generally respected these prohibitions. In cases of national security, however, the law permits surveillance, searches, and monitoring of telephones and private correspondence without a warrant.

Section 2. Respect for Civil Liberties, Including: a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and press, and the government generally respected these rights. On September 4, the government adopted a law decriminalizing press offenses. The law replaces prison sentences with penalties ranging from one million to five million CFA francs ($1,730 to $8,670). Some editors complained that few newspapers or media outlets could afford such fees.

Despite the new law, journalists occasionally faced criminal prosecution for libel and other forms of harassment and intimidation.

Freedom of Speech and Expression: The law prohibits persons from insulting the head of state or using derogatory language with respect to the office. Individuals generally criticized the government without reprisal, but security forces arrested political leaders for their statements during the year (see sections 1.e. and 3).

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On May 6, the Superior Council of Communications (CSC)--a semiautonomous body under the Office of the President--suspended all broadcasts of live interactive radio and television programs for three months to prevent inflammatory speech in public that could incite violence. The decision applied to approximately 150 radio stations and 15 television channels across the country. On May 30, the CSC lifted the suspension following criticism from media professionals, civil society organizations, and some government officials. Subsequently, many media outlets voluntarily signed the CSC’s charter of good conduct, which prohibits insults, defamation, libel, and inflammatory/hateful/criminal statements in interactive programs; and commits call-in shows to implement a 10-second delay in broadcasts (along with other steps) to allow producers to monitor calls.

Press and Media Freedoms: There were numerous independent newspapers, satirical weeklies, and radio and television stations, some of which highly criticized the government. Foreign radio stations broadcast without government interference. Government media outlets--including newspapers, television, and radio--sometimes displayed a progovernment bias but allowed significant opposition participation in their newspaper and television programming.

All media are under the administrative and technical supervision of the Ministry of Communications, which is responsible for developing and implementing government policy on information and communication. The CSC monitored the content of radio and television programs, newspapers, and internet websites to enforce compliance with standards of professional ethics and government policy. The CSC may summon journalists and issue warnings for subsequent violations. Hearings may concern alleged libel, disturbing the peace, inciting violence, or violations of state security.

Violence and Harassment: According to the Association of Burkina Journalists (AJB), the RSP physically assaulted at least 15 journalists and vandalized or destroyed technical equipment, vehicles, and offices belonging to media outlets. In September the AJB criticized RSP violence, intimidation, and harassment.

Censorship or Content Restrictions: In addition to prohibitions on insulting the head of state, the law also prohibits the publication of shocking images or material that demonstrates lack of respect for the deceased. Journalists practiced self- censorship.

Internet Freedom

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The government did not restrict access to the internet, although the CSC monitored internet websites and discussion forums to enforce compliance with regulations. According to International Telecommunications Union data, 4.4 percent of the population used the internet in 2013.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. b. Freedom of Peaceful Assembly and Association

Freedom of Assembly

The constitution and law provide for freedom of assembly, but the government did not always respect this right. Authorities sometimes banned or violently dispersed demonstrations.

For example, following the September 16 attempted coup by General Gilbert Diendere, RSP soldiers used force, including gunfire, to disperse and prevent public gatherings in Ouagadougou, resulting in numerous deaths and injuries (see section 1.a.).

Political parties and labor unions may hold meetings and rallies without government permission, although advance notification is required for street demonstrations that might affect traffic or threaten public order. If a demonstration or rally results in violence, injury, or significant property damage, penalties for the organizers include six months’ to five years’ imprisonment and fines between 100,000 and two million CFA francs ($173 and $3,470). These penalties may be doubled for an unauthorized rally or demonstration. Demonstrators may appeal denials or imposed modifications of a proposed march route or schedule before the courts.

Freedom of Association

The constitution and law provide for freedom of association, and the government generally respected this right. Political parties and labor unions could organize without government permission. c. Freedom of Religion

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See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/. d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Protection of Refugees

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees.

According to a 2013 biometric census conducted by UNHCR and the National Committee for Refugees (CONAREF), there were 57 asylum seekers, as well as 247 refugees from Burundi, the Republic of the Congo, the Central African Republic, the Democratic Republic of the Congo, and Chad in the country.

In 2012 fighting resumed in northern Mali between government forces and Tuareg rebels, resulting in the flight of more than 250,000 Malians to neighboring countries, including Burkina Faso. According to UNHCR approximately 50,000 Malians--most of them Tuaregs and Arabs--fled across the border to Burkina Faso and registered with local authorities as displaced persons. Authorities granted all displaced persons from Mali prima facie refugee status, pending the examination of all applications individually. Authorities settled most of the refugees in Soum and Oudalan provinces, in the Sahel Region. The Ministry of Social Action and National Solidarity, aided by CONAREF, is the government focal point to help coordinate all national and international efforts to assist more than 34,000 refugees in the country at year’s end.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage, and citizens

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 13 exercised this ability during presidential and legislative elections held on November 29.

Elections and Political Participation

Recent Elections: Consistent with the November 2014 charter requiring the transitional government to organize presidential and legislative elections within one year of adoption, on November 29, the country held peaceful and orderly presidential and legislative elections. President Kabore won with 53.49 percent of the popular vote, followed by Zephirin Diabre (29.65 percent). President Kabore’s party--the MPP--won 55 seats in the 127-seat National Assembly, followed by the UPC (33 seats) and the former ruling CDP (18 seats). Both elections, which national and international observers characterized as free and fair, marked a major milestone in the country’s transition to democracy. Authorities scheduled elections to replace municipal and regional councils dissolved by the transitional government in November 2014 for May 22, 2016.

In April the interim National Assembly established in November 2014 approved a new electoral code that excluded certain members of the former majority from participating as candidates in the November legislative and presidential elections. The new law specified that persons who had “supported a constitutional change that led to a popular uprising” would be ineligible as candidates in the legislative and presidential elections. On July 13, the ECOWAS Court of Justice ruled against the electoral code, arguing that it was a “violation of the right of free participation in elections.” The ECOWAS court ordered the government to “lift all obstacles to the expression of these rights of participation in the elections” and to pay all costs associated with this legal procedure. Nevertheless, the Constitutional Council’s final ruling on candidate eligibility excluded a number of legislative candidates and four presidential candidates on this basis.

Political Parties and Political Participation: Political parties generally operated freely. Authorities allowed members of political parties, including members of the CDP, to participate in the transitional government, although the charter excluded anyone who was a member of the previous government or “openly” supported amending the constitution to remove term limits. (In December 2014 the Ministry of Territorial Administration, Decentralization, and Security suspended the CDP, Alliance for Democracy and Federation-African Democratic Rally (ADF/RDA), and Federation of Associations for Peace and Progress with Blaise Compaore (FEDAP/BC) for supporting the constitutional amendment to extend presidential term limits, but authorities lifted the suspension later in the month.) Individuals

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 14 and parties may declare their candidacies and compete in presidential elections, provided the Constitutional Council validates their candidacies. Individuals must be members of a registered political party to run in legislative or municipal elections. Unlike in previous years, CDP membership did not confer advantages, particularly for businesspersons and traders seeking government contracts.

Parties of the former ruling coalition were allotted 10 of the 90 seats at the legislative National Transitional Council.

The government sometimes restricted the activities of opposition leaders. For example, on June 16, security forces arrested and detained Soumane Toure, secretary general of the opposition Party for Independence, Labor, and Justice, for “libel, slanderous denunciation, and call to rebellion.” During a June 12 press conference, Toure alleged that Prime Minister Zida had given money to civil society organizations to support the interim government’s actions. Toure, who authorities released on June 17, also suggested the transition was the result of actions by military and civilian actors with hidden agendas, and that it essentially constituted a coup against the Compaore government.

Participation of Women and Minorities: The gender law, which took effect during the 2012 joint elections, requires political parties to name women to fill at least 30 percent of the positions on their candidate lists in legislative and municipal elections. The law provides financial incentives for political parties that reach the 30 percent requirement and mandates fines ranging from 2,500 CFA francs to five million CFA francs ($4.33 to $8,670) for parties that fail to comply with the law. Of the 7,036 primary candidates and alternates in the November 29 legislative elections, 2,040 (29 percent) were women; women held 15 seats (12 percent) of the 127 seats in the National Assembly. Nine of the 14 parties and political groups represented at the National Assembly did not reach the minimum 30 percent of female candidates on their lists.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Local NGOs criticized what they called the overwhelming corruption of senior civil servants. They reported pervasive corruption in the customs service, gendarmerie, tax agencies, national police, municipal police, public health service, municipal governments, education sector,

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 15 government procurement, and the Ministry of Justice, Human Rights, and Civic Promotion.

The transitional government prosecuted several former senior government officials for corruption.

Corruption: On June 20, the Ouagadougou Court of Appeals sentenced former director of customs Ousmane Guiro to a two-year suspended prison term in connection with a 2012 corruption case involving 900 million CFA francs (approximately $1.5 million). The court ordered the confiscation of his assets and fined him 10 million CFA francs ($17,300).

On August 18 and 29, security forces arrested and detained three former ministers- -Arthur Kafando, Jerome Bougouma, and Bertin Ouedraogo--for embezzlement, illicit enrichment, and misappropriation of public funds. The three awaited trial at year’s end.

Financial Disclosure: On March 3, the CNT adopted a new anticorruption law that requires government officials--including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds--to declare their assets and any gifts or donations received while in office. Infractions are punishable by a maximum jail term of 20 years and fines of up to 25 million CFA francs ($43,300). The law also punishes persons who cannot reasonably explain an increase in lifestyle beyond the threshold set by regulation in connection to lawful income. Offenders risked imprisonment for two to five years and a fine of five to 25 million CFA francs ($8,670 to $43,300).

The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance.

Public Access to Information: On August 30, the CNT adopted a law establishing the right of access to public information and administrative documents. In the past ministries generally did not respond to requests for information, citing national security and confidentiality.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

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A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman addresses citizen complaints regarding government entities, public institutions, and other bodies entrusted with a public service mission. The ombudsman, whom the president appoints for a nonrenewable five-year term and who may not be removed during the term, was generally viewed as effective and impartial. During 2013, the most recent year for which statistics were available, the office registered 737 complaints, of which it resolved 82 percent.

The Ministry of Justice, Human Rights, and Civic Promotion is responsible for the protection and promotion of human and civil rights and conducts education campaigns for security force members to raise their awareness of human rights.

The governmental National Commission on Human Rights serves as a permanent framework for dialogue on human rights concerns. Its members included representatives of human rights NGOs, unions, professional associations, and the government. The Burkinabe Movement for Human and People’s Rights, which did not participate on the commission, charged that it was subject to government influence. Although inadequately funded the commission was more effective and visible in promoting human rights than in previous years.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

The constitution and law prohibit discrimination based on race, gender, disability, language, or social status, but the government did not effectively enforce these prohibitions. Discrimination against women and persons with disabilities remained problems.

Women

Rape and Domestic Violence: On September 6, the government passed the Law on the Prevention and Repression of Violence Against Women and Girls and Support for Victims. As before, rape is punishable by five to 10 years’ imprisonment, but the new law makes spousal rape punishable by 100,000 to 500,000 CFA francs ($173 to $866). Police generally investigated reports of rape, but victims often did not file reports due to cultural barriers and fear of reprisal. According to human

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 17 rights NGOs, rape occurred frequently. Although authorities prosecuted rape cases during the year, no statistics were available on the number of cases reported or prosecuted. Several organizations--including Roman Catholic and Protestant missions, the Association of Women Jurists in Burkina Faso, the Association of Women, and Promofemmes (a regional network that worked to combat violence against women)--counseled rape victims.

Domestic violence against women occurred frequently, primarily in rural areas. According to the Inter Parliamentary Union, 33.9 percent of women had experienced physical violence, committed in 68 percent of cases by their husbands.

Victims seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice, Human Rights, and Civic Promotion could provide no statistics on prosecutions, convictions, or punishment. There were no government-run shelters in the country for victims of domestic violence, but there were counseling centers in each of the 13 regional “Maison de la Femme” centers. The Ministry of Women’s Protection sometimes provided counseling and housing for abused women.

The Ministry of Social Action and National Solidarity, which has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. The ministry organized a number of workshops and several sensitization campaigns to inform women of their rights.

The September 6 law makes “abduction to impose marriage or union without consent” punishable by six months to five years in jail and/or a fine of 500,000 to one million CFA francs ($866 to $1,740). Sexual abuse or torture is punishable by two to five years in prison and a fine of 500,000 to one million CFA francs ($866 to $1,730). Sexual slavery is punishable by two to five years in prison and a fine of one to two million CFA francs ($1,740 to $3,480).

The new law requires police officers aware of violence against a woman or girl to provide for protection of the victim and her minor children. It also mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. The new law creates special structures within each police and gendarmerie unit to assist female victims of violence (or those threatened with violence) and provides for the structures to undertake urgent measures required by the circumstances.

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The new law also created care and protection centers in each commune for female victims of violence and a government support fund for their care. The centers receive victims on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer the victims to court.

Female Genital Mutilation/Cutting: The law prohibits FGM/C, but it was practiced widely, particularly in rural areas, and usually performed at an early age. According to UN Children’s Fund (UNICEF) statistics from 2013, the incidence of FGM/C fell 27.5 percent in the last 12 years. Seventy-six percent of girls and women nevertheless between ages 15 and 49 and 13 percent of girls under age 15 reported being subjected to FGM/C, according to UNICEF. Perpetrators, if convicted, are subject to a fine of 150,000 to 900,000 CFA francs ($260 to $1,560) and imprisonment of six months to three years--or up to 10 years if the victim dies.

Security forces and social workers from the Ministry of Social Action and National Solidarity arrested several FGM/C perpetrators and their accomplices, all of whom were serving prison sentences at year’s end.

For example, on August 6, police in Manga arrested Pinda Kady Bande for perpetrating FGM/C on eight girls ages two to 17 in the village of Bere. The victims were transferred to Bere’s health center. Bande and the parents of the girls were arrested and referred to the Public Prosecutor’s Office in Manga.

The government coordinated its efforts through the National Committee for the Fight against Excision. The government conducted awareness campaigns, training, and programs to identify and support FGM/C victims. The government operated a toll-free number to report FGM/C cases. The government, through the Regional Committees to Combat Excision, worked with local populations to end FGM/C. The regional committees included representatives of numerous government ministries, police, gendarmerie, and local and religious leaders. The Network for Human Rights and the Ministries of Justice, Defense, and Security raised awareness among lawyers, judges, and police about the effects of FGM/C. The government also integrated FGM/C prevention in prenatal, neonatal, and immunization services at 35 percent of public health facilities.

Other Harmful Traditional Practices: The September 6 law makes the physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in jail and/or a fine of 300,000 to 1.5 million CFA francs ($520 to $2,600). Elderly women without support, living primarily in rural areas and often widowed,

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 19 sometimes were accused of witchcraft by their neighbors and banned from their villages. Villagers accused such women of “eating” the soul of a relative or a child who had died. Victims seldom took legal action due to fear of repercussions to their families and sought refuge at centers run by governmental or charitable organizations in urban centers. During the year the Delwende Center in Ouagadougou, operated by the Roman Catholic Church, supported 260 women accused of witchcraft. A similar government-run center in Ouagadougou’s Paspanga area housed 84 women.

Sexual Harassment: The September 6 law makes sexual harassment punishable by three months to one year in jail and/or a fine of 300,000 to 500,000 CFA francs ($520 to $866); the maximum penalty applies if the perpetrator is a relative, in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law, in large part because many considered sexual harassment culturally acceptable. There were no statistics available on the number of cases reported, prosecutions, or convictions.

Reproductive Rights: The law entitles couples and individuals to decide freely and responsibly the number, spacing, and timing of their children free from discrimination, coercion, or violence. Government and private health centers were open to all women and offered reproductive health services, skilled medical assistance during childbirth (essential obstetric and postpartum care), and diagnosis and treatment of sexually transmitted diseases. Remote villages, however, often lacked these facilities or did not have adequate transportation infrastructure to permit easy access

According to the 2010 Demographic and Health Survey, 95 percent of women received prenatal care from skilled personnel, 67 percent of births were attended by skilled personnel, and 14 percent of women who wanted to space their pregnancies had access to modern birth control methods. The Regional Directorate of Health reported the national average of contraceptive use was 17 percent in 2012. Cultural norms that left decisions regarding birth control to husbands contributed to the limited use of contraceptives. Observers attributed the maternal mortality ratio of 341 per 100,000 live births to lack of access to health care in rural areas. AI reported maternal deaths also resulted from inadequate training of health workers. Post-abortion care services and emergency health care were generally available in urban areas but often not in rural areas.

Discrimination: Although the law generally provides the same legal status and rights for women as for men--including under family, labor, property, and

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 20 inheritance laws--discrimination frequently occurred in practice. Women occupied a subordinate position in society and often experienced discrimination in education, jobs, property ownership, access to credit, management or ownership of a business, and family rights. According to local labor laws, all workers--men and women alike--must receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property. The law permits polygyny, but a woman must agree to it prior to marriage. A wife may oppose further marriages by her husband if she provides evidence he abandoned her and their children. Each spouse may petition for divorce, and the law provides that custody of a child may be granted to either parent, based on the child’s best interest. Mothers generally retained custody until their children reached age seven, at which time custody reverted to the father or his family.

Women represented approximately 45 percent of the labor force in the formal sector and were primarily concentrated in low-paid, low-status positions. Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result authorities often denied women the right to own property, particularly real estate. This condition was exacerbated by the fact that the law defined 75 percent of marriages as common-law unions (with only a religious or traditional ceremony) and not legally binding. For example, in rural areas land owned by a woman becomes the property of the family of her husband after marriage. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.

The government conducted media campaigns to change attitudes toward women. The Ministry of Women’s Promotion is responsible for increasing women’s awareness of their rights and worked to facilitate their access to land ownership. The government sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights.

Children

Birth Registration: Citizenship derives either by birth within the country’s territory or through a parent. Parents did not register many births immediately, particularly in rural areas, where registration facilities were few, and parents were often unaware of the requirement to register. Lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 21 government periodically organized registration drives and issued belated birth certificates.

Child Abuse: The penal code mandates a one- to three-year prison sentence and fines ranging from 300,000 to 900,000 CFA francs ($520 to $1,560) for inhuman treatment or mistreatment of children. Authorities tolerated light corporal punishment, and parents widely practiced it. The government conducted seminars and education campaigns against child abuse.

The Ministry of Social Action and National Solidarity had a toll-free number to enable persons to report cases of violence against children anonymously.

Early and Forced Marriage: The legal age for marriage is 17 for girls and 20 for boys, but early and forced marriage was a problem. According to a 2015 UNICEF report, 10 percent of women ages 20 to 24 were married or in a union before age 15, and 52 percent were married before age 18. The law prohibits forced marriage and prescribes penalties of six months to two years in prison for violators--and a three-year prison term if the victim is under age 13. There were no reports of prosecutions during the year. A government toll-free number allowed citizens to report forced marriages.

On March 3, authorities launched the African Union Campaign to End Child Marriage in Dori, the Sahel region, which had the highest rate of child marriage; 80 percent of girls ages 15 to 17 in the region already were married.

On March 2, the Ministry of Social Action and National Solidarity held an advocacy session for religious and traditional leaders to raise awareness of the problem of early marriage in the Sahel region.

Female Genital Mutilation/Cutting: See information for girls under 18 in women’s section above.

Sexual Exploitation of Children: The law provides penalties of between five to 10 years’ imprisonment, a fine of 1.5 to three million CFA francs ($2,600 to $5,200), or both for child prostitution. The minimum age of consensual sex is 15. The law also prohibits child pornography and provides for a sentence of five to 10 years’ imprisonment with a fine ranging from 1.5 million to three million CFA francs ($2,600 to $5,200) for individuals engaging in such activity. In April 2014 the National Assembly enacted a law criminalizing the sale of children, child prostitution, and child pornography. There were no government statistics on child

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 22 prostitution, but government services and human rights associations believed it was a problem. According to a 2014 study conducted by the international NGO End Child Prostitution, Child Pornography, and Trafficking of Children for Sexual Purposes, there were at least 243 children exploited in commercial sex, among whom 63 percent were Burkinabe. Children from poor families were particularly vulnerable to sex trafficking.

Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. No statistics were available on the number of cases reported or prosecuted during the year. Newspapers, however, reported several cases of abandonment of newborn babies. For example, in August 2014 a 33-year-old woman threw her newborn baby in a well in the village of Diabo. Authorities arrested the mother, who was in jail pending trial at year’s end.

Displaced Children: There were numerous street children, primarily in Ouagadougou and Bobo-Dioulasso. Many children ended up on the streets after their parents sent them to the city to study with an unregistered Quranic teacher or to live with relatives and go to school. According to the Ministry of Social Action and National Solidarity, in 2013 there were 5,721 street children in the country. Several NGOs assisted street children. Two directorates of the ministry also ran educational programs, including vocational training for street children, funded income-generating activities, and assisted in the reintegration and rehabilitation of street children. Nevertheless, the number of street children exceeded the capacity of these institutions.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. For more information see the Department of State’s report on compliance at travel.state.gov/content/childabduction/english/legal/compliance.html, as well as country-specific information at travel.state.gov/content/childabduction/english/country/burkinafaso.html.

Anti-Semitism

There was no known Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

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See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical or mental disabilities in employment, education, access to health care, or the provision of other state services, but the government did not effectively enforce these provisions. According to the most recent general census of population and housing, the portion of the population with disabilities in the country was estimated to be 1.2 percent. In 2012 the Council of Ministers adopted further decrees to protect the rights of persons with disabilities, including in transportation. The government enacted legislation to provide persons with disabilities less costly or free healthcare and access to education and employment. The law also includes building codes to provide for access to governmental buildings. Authorities did not implement all of these measures effectively.

Although some children with disabilities attended primary and secondary school as well as institutions of higher learning, 66 percent of persons with disabilities had no education, and only 16.5 percent completed primary level education, according to the Burkina Faso Federation for the Promotion of People with Disabilities.

Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service. Exacerbating these problems was the common perception that persons with disabilities should be under the care of their families and not in the labor force.

A 2012 decree created the Multi-Sectoral National Council for the Promotion and Protection of People with Disabilities, which included 90 members from different ministries, NGOs, and civil society organizations. State-owned television provided newscasts in sign language for persons with hearing disabilities.

The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs. High commissioners, teachers, and NGOs worked together to inform citizens about the rights of persons with disabilities, specifically the rights of children with disabilities. A number of NGOs provided vocational training and equipment to persons with disabilities.

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 24

Since 2014 the government made the necessary arrangements to allow candidates with visual disabilities to take part in the public administration recruitment exams by providing the tests in braille. Additionally, authorities opened special counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests.

National/Racial/Ethnic Minorities

Longstanding conflicts between herders and sedentary farmers sometimes resulted in violence. Herders commonly triggered incidents by allowing their cattle to graze on farmlands or farmers attempting to cultivate land set aside by local authorities for grazing. The number of such incidents averaged 700 yearly between 2005 and 2011 but dropped significantly in 2012 and 2013, according to the Ministry of Animal Resources. According to the ministry, government efforts at dialogue and mediation attributed to the decrease. Conflict between ethnic groups also occurred as a result of disputes over the designation of local traditional chiefs.

On April 22, the local population of Pousgziga, who believed Fulani residents were responsible for most of the cattle theft in town, burned several granaries belonging to the Fulani and killed cattle and other animals belonging to Fulani residents.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Societal discrimination against LGBTI persons was a problem and exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports that the government responded to societal violence and discrimination against LGBTI persons.

LGBTI organizations had no legal status in the country but existed unofficially. The Ministry of Territorial Administration, Decentralization, and Security did not approve repeated attempts by LGBTI organizations to register, and they provided no explanation for the refusals. There were no reports of government or societal violence against such organizations, although incidents were not always reported due to stigma or intimidation.

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 25

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the LGBTI community.

On May 24, youth in Sikasso-Cira, a neighborhood of Bobo-Dioulasso, violently demonstrated against LGBTI individuals whom they accused of pedophilia and tarnishing the image of their neighborhood. The youth, who carried cudgels, machetes, and large knives, threatened to kill LGBTI individuals. Police intervened to disperse the crowd but did not arrest any of the youth. LGBTI advocacy organizations reported that some LGBTI individuals fled Bobo- Dioulasso for Ouagadougou.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS was a problem, and persons who tested positive were sometimes shunned by their families. Families sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some landlords refused to rent lodgings to persons with HIV/AIDS.

The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining

The law allows workers to form and join independent unions of their choice without prior authorization or excessive requirements, but essential workers, such as magistrates, police, military, and other security personnel, may not join unions. The law provides unions the right to conduct their activities without interference.

The law provides for the right to strike, although it stipulates a narrow definition of this right. For strikes that call on workers to stay home and that do not entail participation in a rally, the union is required to provide eight to 15 days’ advance notice to the government. If unions call for a march, advance notice must be provided to the city mayor. The law also gives the government extensive requisitioning powers, authorizing it to requisition private and public sector workers to secure minimum service in essential services. Authorities hold march

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 26 organizers accountable for any property damage or destruction that occurs during a demonstration.

The law prohibits antiunion discrimination and allows a labor inspector to reinstate immediately workers fired because of their union activities, although in private companies such reinstatement was considered on a case-by-case basis. Relevant legal protections cover all workers, including migrants, workers in the informal sector, and domestic workers. There were no reports of antiunion discrimination during the year.

Despite limitations on the right to strike, the government generally respected freedom of association and the right to collective bargaining. Private sector employers did not always respect freedom of association, especially in the gold mining sector.

The government generally respected the right of unions to conduct activities without interference. Employers dismissed or transferred union members working in mining companies for participating in union activities. Government resources to enforce labor laws were not sufficient to protect worker rights.

Unions have the right to bargain directly with employers and industry associations for wages and other benefits. Worker organizations were independent of the government and political parties. There were no reports of strikebreaking during the year.

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, but this sector included only a small percentage of workers. Employers sometimes refused to bargain with unions. In the private sector, particularly in mining and other industries, employers’ use of subcontracting made it difficult to enforce worker rights systematically. b. Prohibition of Forced or Compulsory Labor

While the law prohibits all forms of forced labor, the government did not effectively enforce the law. Forced child labor occurred in the agricultural (particularly cotton), informal trade, domestic labor, restaurant, and animal husbandry sectors, as well as at gold panning sites and stone quarries. Educators forced some children sent to Quranic schools by their parents to engage in begging

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 27

(see section 6). The government did not have a significant, effective program in place to address or eliminate forced labor.

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/. c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age for employment at 16 and prohibits children under age 18 from working at night, except in times of emergency. The minimum age for employment was consistent with the age for completing educational requirements, which was 16. In the domestic labor and agricultural sectors, the law permits children who are 13 and above to perform limited activities for up to four and one-half hours per day.

The law prohibits the worst forms of child labor, including the commercial sexual exploitation of children, child pornography, and jobs that harm the health of a child. In 2013 the government adopted the National Action Plan (NAP) to combat the worst forms of child labor and to reduce significantly exploitative child labor. Antitrafficking legislation provides for penalties of up to 10 years for violators and increases maximum prison terms from five to 10 years. The law also provides for terms as long as 20 years’ to life imprisonment under certain conditions.

Despite efforts by the government and several NGOs, violence against children, child labor, and child trafficking occurred. The NAP against the worst forms of child labor coordinated the efforts of several ministries and NGOs. Its goals included greater dissemination of information in local languages, increased access to services such as rehabilitation for victims, revision of the penal code to address the worst forms of child labor, and improved data collection and analysis. During the review period, the National Coordination Committee adopted a monitoring tool to aid in data collection and analysis. The country enacted a law in April 2014 to criminalize the sale of children, child prostitution, and child pornography.

Punishment for violating child labor laws includes prison terms of up to five years and fines of up to 600,000 CFA francs ($1,040). The government did not consistently enforce the law. The Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked sufficient inspectors, transportation, and other resources to enforce worker safety and minimum age laws. No data were available on number of prosecutions and convictions during the year.

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 28

The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor.

According to 2011 statistics compiled by the National Institute of Statistics, 76 percent of children between ages five and 17 engaged in some form of economic activity, 81 percent of whom worked in the agricultural sector. Children commonly worked with their parents in rural areas or in family-owned small businesses in villages and cities. There were no reports of children under age 15 employed by either state-owned or large private companies.

Children also worked in the mining, trade, construction, and domestic labor sectors. According to a 2012 UNICEF study, more than 20,000 children between ages eight and 18 worked at gold mining sites as servants, gold washers, or diggers. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children under age 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants earned from 3,000 to 6,000 CFA francs ($5 to $10) per month and worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/. d. Discrimination with Respect for Employment and Occupation

The law and regulations prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation, and/or gender identity, HIV-positive status or other communicable diseases, or social status. The government did not effectively enforce those laws and regulations. Discrimination occurred based on the above categories with respect to employment and occupation.

By law persons with disabilities may receive a disability card allowing them to benefit from lower health care costs and access to education and employment. The law also includes building codes to provide for their access to governmental buildings. Penalties for violations range from 50,000 to one million CFA francs

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 29

($87 and $1,733). The government did not consistently enforce these rights. Discrimination in employment and occupation occurred with respect to persons with disabilities and persons with HIV/AIDS (see section 6). e. Acceptable Conditions of Work

The law mandates a minimum monthly wage of 32,218 CFA francs ($56) in the formal sector, which does not apply to subsistence agriculture or other informal occupations.

The law mandates a standard workweek of 40 hours for nondomestic workers and a 60-hour workweek for household employees. The law provides for overtime pay, and there are regulations pertaining to rest periods, limits on hours worked, and prohibitions on excessive compulsory overtime.

The government sets occupational health and safety standards. There were explicit restrictions regarding occupational health and safety in the labor law. Employers must take measures to provide for safety and protect the physical and mental health of all their workers and assure that the workplace, machinery, materials, substances, and work processes under their control do not present health or safety risks to the workers.

The law requires every company with 10 or more employees to have a work safety committee. If an employee decides to remove himself due to safety concerns, a court rules on the relevancy of the decision.

The Ministry of Civil Service, Labor, and Social Security is responsible for enforcing the minimum wage. Ministry inspectors and labor tribunals are responsible for overseeing occupational health and safety standards in the small industrial and commercial sectors, but these standards do not apply in subsistence agriculture and other informal sectors. The government allocated 136.3 million CFA ($236,000) to the regional directorates of labor and social security to build labor inspectors’ capacities and provide them with better working tools.

These standards were not effectively enforced. The Labor Inspector Corps, which employed 155 inspectors and 133 controllers, lacked sufficient resources, including offices and transport. Labor inspectors went on strike several times during the year for better pay and resources. There were no reports of effective enforcement of inspection findings during the year.

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor BURKINA FASO 30

Employers often paid less than the minimum wage. Employees usually supplemented their income through reliance on extended family, subsistence agriculture, or trading in the informal sector. Mining sector companies generally respected hours of work, overtime, and occupational safety and health standards. Employers subjected workers in the informal sector, which makes up approximately 50 percent of the economy, to violations of wage, overtime, and occupational safety and health standards.

Country Reports on Human Rights Practices for 2015 United States Department of State • Bureau of Democracy, Human Rights and Labor

TAB 9 FREEDOM IN THE WORLD 2020 Burkina Faso 56 PARTLY FREE /100

Political Rights 23 /40

Civil Liberties 33 /60

LAST YEAR'S SCORE & STATUS 60 /100 Partly Free Global freedom statuses are calculated on a weighted scale. See the methodology.

TOP Overview Multiparty presidential and legislative elections held in late 2015 ushered in a new government and laid a foundation for the continued development of democratic institutions. Despite extreme poverty, terrorism, and government attempts to curtail press freedoms, civil society and organized labor remain strong forces for democracy and for the respect of civil liberties. Key Developments in 2019

Islamist militants launched violent attacks in northern and eastern Burkina Faso throughout the year, targeting Christian churches and individuals wearing Christian paraphernalia. Clashes with militants and reprisals by government forces forced 560,000 Burkinabè to flee their homes by year’s end. In September, generals Gilbert Diendéré and Djibrill Bassolé, who were accused of plotting a 2015 coup attempt, were convicted by a military tribunal, receiving 20– and 10-year prison terms respectively. In June, the parliament adopted a revised penal code that criminalizes the dissemination of information related to terrorist attacks; the revised code also criminalizes speech that can “demoralize” the defense and security services. Political Rights A. Electoral Process

A1 0-4 pts

Was the current head of government or other chief national authority elected through free and fair elections? 2 / 4

The president is head of state and is directly elected to no more than two five-year terms. Roch Marc Christian Kaboré of the People’s Movement for Progress (MPP) won the 2015 presidential election with approximately 53 percent of the vote. TOP Observers described the election as the most competitive ever to be held in the country. However, a number of politicians who supported former president Blaise Compaoré’s unsuccessful attempt to amend the constitution to allow himself a third presidential term were barred from contesting the election. The prime minister is head of government and is appointed by the president with the approval of the National Assembly. The prime minister is then responsible for recommending a cabinet that is formally appointed by the president. In January 2019, President Kaboré appointed Christophe Dabiré to serve as prime minister following Paul Kaba Thieba’s resignation earlier that month.

A2 0-4 pts

Were the current national legislative representatives elected through free and fair elections? 2 / 4

The 127 members of the National Assembly are directly elected to five-year terms under a proportional representation system. The 2015 legislative elections were held concurrently with the presidential election and were viewed as generally credible, despite the exclusion of a number of candidates who had supported Compaoré’s term-limit changes. The MPP won a plurality in the National Assembly, with 55 of the 127 seats.

Municipal elections held in 2016 reflected continuing erosion of support for the Congress for Democracy and Progress (CDP), the former ruling party, and increasing support for the MPP. Election observers from local civil society groups and international missions noted only minor irregularities in the polls. However, election- related violence prevented polling in a number of districts, which, according to some observers, contributed to relatively low turnout. Makeup elections for several constituencies were held peacefully in 2017, though once again some candidates were reportedly excluded.

A3 0-4 pts

Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3 / 4

The Independent National Electoral Commission (CENI) is responsible for organizing TOP elections, and the 2015 and 2016 polls were generally well administered.

The electoral code, adopted in 2018, was criticized by opposition parties for imposing new restrictions on voters living abroad. This code requires either the national identity card or a Burkinabè passport for those living abroad to register to vote, whereas a consular card was previously accepted. Opposition critics claimed that many Burkinabè abroad, particularly those in Côte d’Ivoire, would not possess these documents and therefore be disenfranchised. B. Political Pluralism and Participation

B1 0-4 pts

Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or 2 / 4 groupings?

The constitution guarantees the right to form political parties, but their ability to participate in political life is sometimes restricted by the government. In August 2019, Ablassé Ouédraogo, leader of opposition party Le Faso Autrement (Faso Otherwise) claimed that the government prohibited his party from participating in a political dialogue. In November, the Patriotic Front for Renewal (FPR), another opposition party, was suspended for three months after calling for the government’s resignation.

Major political parties, such as the MPP, CDP, and Union for Progress and Change (UPC), have extensive patronage networks and disproportionate access to media coverage, making it difficult for other political parties to build their support bases.

B2 0-4 pts

Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 3 / 4

The end of former president Compaoré’s 27-year regime in 2014 has given waTy OtoP a freer environment, in which opposition parties were able to consolidate popular support and gain power through recent elections. However, a history of rotation of power between parties has yet to be firmly established. B3 0-4 pts

Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ 2 / 4 extrapolitical means?

Burkina Faso’s military maintains a significant presence in the political sphere, and the history of military intervention poses a persistent threat to democratic stability. In 2015, the presidential guard, which was loyal to former president Compaoré, attempted to stage a coup d’état. The maneuver sparked widespread protests, and failed after the army’s chief of staff moved to support the transitional government.

B4 0-4 pts

Do various segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights and electoral 3 / 4 opportunities?

The constitution enshrines full political rights and electoral opportunities for all segments of the population. However, a small educated elite, the military, and labor unions have historically dominated political life.

Women are underrepresented in political leadership positions and hold 13.4 percent of seats in the parliament. Within parties, women are frequently relegated to women’s secretariats that have little influence. Burkina Faso has a gender quota law mandating that women must represent 30 percent of candidate lists, but its application is limited. A revised gender quota law was drafted by civil society groups in March 2019, but has failed to gain any traction. C. Functioning of Government

C1 0-4 pts TOP Do the freely elected head of government and national legislative representatives determine the policies of the government? 2 / 4 Laws are promulgated and debated by the National Assembly. While democratic institutions continue to develop, they are not yet strong enough to withstand the influence of the military and other elite groups. Attacks by Islamic militants, which have increased in frequency in recent years, severely impede the government’s ability to implement its policies in the insecure north and east.

C2 0-4 pts

Are safeguards against official corruption strong and effective? 2 / 4

Corruption is widespread, particularly among customs officials and municipal police. Anticorruption laws and bodies are generally ineffective, though local nongovernmental organizations (NGOs) provide some accountability by publicizing official corruption and its effects.

C3 0-4 pts

Does the government operate with openness and transparency? 2 / 4

The successful 2015 elections and installation of a civilian government signified a marked improvement in government accountability and transparency. However, government procurement processes are opaque, and procedures meant to increase transparency are often not followed. Government officials are required to make financial disclosures, but the information is rarely made public, and penalties for noncompliance do not appear to be enforced. Civil Liberties D. Freedom of Expression and

Belief TOP

D1 0-4 pts

Are there free and independent media? 2 / 4

The environment for media has improved since the end of Compaoré’s rule. Since then, defamation has been decriminalized, reporters at the public broadcaster have experienced less political interference, and private media operates with relative freedom.

However, a revision of the penal code, adopted by the parliament in June 2019, made disseminating information about terrorist attacks and security force activity, along with the “demoralization” of defense and security forces, criminal offenses punishable by prison terms of up to 10 years. These revisions were subsequently declared constitutional by the Constitutional Council in July. Media outlets have since become more reluctant to report on terrorist incidents, with journalists either delaying their reporting or deferring to official government releases.

Score Change: The score declined from 3 to 2 because the National Assembly passed a revised penal code that imposed penalties on journalists who report information that "demoralizes the defense and security forces," which has caused media outlets to delay their reporting and limit the scope of their coverage.

D2 0-4 pts

Are individuals free to practice and express their religious faith or nonbelief in public and private? 3 / 4

Burkina Faso is a secular state, and freedom of religion is generally respected. The population is predominately Muslim with a large Christian minority. Followers of both religions often engage in syncretic practices.

Recent actions by Islamic militant groups, which have attacked and intimidated civilians in the north and east, contributed to increased tensions between Muslims and Christians. Christian churches were targeted in several deadly attacks during 2019; TOP at least four attacks were recorded in April and May, resulting in the deaths of 20 people. In August, another three people died in attacks on Protestant and Catholic churches in the east. Christians who wore paraphernalia were also targeted in 2019. Assailants who attacked a church in April targeted individuals wearing crosses. A May procession of Christians the north was attacked, leaving four people dead. In June, gunmen killed 4 people in the village of Béni for wearing crucifixes.

Muslims have also been attacked while expressing their faith in public; in October, assailants entered a mosque in the northern village of Salmossi, killing least 15 worshippers.

Score Change: The score declined from 4 to 3 because Islamist militants operating in the north and east carried out direct attacks on religious leaders, worshippers, and ceremonies as well as on individuals wearing Christian paraphernalia.

D3 0-4 pts

Is there academic freedom, and is the educational system free from extensive political indoctrination? 3 / 4

Academic freedom is unrestricted, though due to the former regime’s repressive tactics against student-led protests, a legacy of tension between the government and academic organizations persists. Islamic militant groups in the north have threatened teachers in an effort to force them to adopt Islamic teachings, resulting in the closure of schools.

D4 0-4 pts

Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 3 / 4

Private discussion is unrestricted in much of the country. However, attacks and intimidation by militant Islamic groups in the north and east, an increased security presence in response to their activities, and the June 2019 penal code revisions have dissuaded people from speaking about local news, politics, and other sensitive topics. TOP E. Associational and Organizational Rights E1 0-4 pts

Is there freedom of assembly? 3 / 4

The constitution guarantees freedom of assembly, which is sometimes upheld in practice. Under the new government, space for demonstrations and protests has opened. However, some demonstrations were banned by government authorities who cited security concerns or were forcibly dispersed in 2019. In late August, trade unions organized nationwide rallies to criticize the country’s economic and security troubles; however, their mid-September rally in Ouagadougou was interrupted by police, which used tear gas to disperse 2,000 protesters. In October, the Ouagadougou City Council banned a march planned by the Burkinabé Movement for Human and Peoples’ Rights (MBDHP), a local NGO.

In July 2019, the parliament extended a state of emergency that was originally declared in 14 provinces in 2018. The state of emergency, which will expire in 2020, allows the government to restrict the freedom of assembly.

E2 0-4 pts

Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 2 / 4

While many NGOs operate openly and freely, human rights groups have reported abuses by security forces in the past. NGOs still face harassment in carrying out their work, and NGO leaders argue that some legal provisions, including vaguely worded terrorism laws, are vulnerable to being misused to silence human rights defenders. In December 2019, police detained Kémi Séba, president of NGO Pan-African Emergencies, after he criticized President Kaboré and other African heads of state. Séba was convicted of “contempt of the head of state” and given a suspended prison sentence.

TOP NGO members and activists also risk punishment under the June 2019 penal code revisions. In November 2019, activist Naïm Touré was arrested for “attempted demoralization” of the defense and security forces, but was ultimately released without charge. Burkina Faso’s insecurity has impacted the ability of NGOs to work freely, with aid workers losing access to large parts of the country due to pervasive violence. NGO workers themselves are at risk of violence; in May 2019, two Democratic Youth Organization (ODJ) activists were killed while traveling to meet a government official in the northern province of Yagha. The ODJ claimed that the government refused to autopsy the victims in November.

Score Change: The score declined from 3 to 2 because increasing insecurity has prevented NGOs from operating in conflict-affected areas.

E3 0-4 pts

Is there freedom for trade unions and similar professional or labor organizations? 3 / 4

The constitution guarantees the right to strike. Unions frequently and freely engage in strikes and collective bargaining, and coordinate with civil society to organize demonstrations on social issues. However, the government has used legal means to suppress union activity, including the denial of permits for planned demonstrations.

In June 2019, the National Police Alliance (APN) denounced the government’s refusal to extend legal recognition in spite of a court order. F. Rule of Law

F1 0-4 pts

Is there an independent judiciary? 2 / 4

The judiciary is formally independent but has historically been subject to executive influence and corruption. In 2018, a highly anticipated military trial of 84 people accused of involvement in the 2015 coup commenced. Some analysts have questioned TOP whether the accused could receive a fair trial, since the members of the military tribunal ruling on the case are appointed by the Defense Ministry and the president. Despite these concerns, at least 10 people were convicted by the tribunal in Septembner 2019. Generals Gilbert Diendéré and Djibrill Bassolé, the coup plotters, received 20-year and 10-year prison terms respectively. Fatoumata Diendéré, Gilbert Diendéré’s wife, received a 30-year sentence in absentia for her involvement in the plot. A group of soldiers who participated by arresting government officials during the coup were also convicted, receiving 15– to 19-year sentences.

F2 0-4 pts

Does due process prevail in civil and criminal matters? 2 / 4

Constitutional guarantees of due process are undermined by corruption and inefficacy of the judiciary and police force. In April and May 2019, lawyers organized protests against judicial inefficiency and the denial of legal rights for detainees.

The military has been accused of arbitrarily detaining large groups of men in the vicinity of attacks by Islamic militants. While most detainees are released in a matter of days, some are held for months or are summarily executed. In March 2019, the MBDHP reported that at least 60 people were executed by soldiers carrying out a counterterrorism operation in February.

F3 0-4 pts

Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 0 / 4

The security environment has declined in recent years due to activity by Islamic militant groups, bandits, and militias. Traditional leaders, government officials, lawmakers, and civilians are regularly targeted for assassination by Islamic militants. In November 2019, militants attacked a mining convoy, killing at least 37 people and wounding another 60; the attack prompted President Kaboré to announce plans to recruit volunteers to collaborate with security services. In some areas, armed operate TOP with sufficient strength to attack military outposts. In late December, two armed groups attacked a military detachment and civilians living in the northern town of Arbinda; while the military repelled the attack, at least 7 soldiers and 35 civilians were killed. Islamist militants have made multiple incursions into rural towns during 2019, often issuing ultimatums for their residents to leave; this prompted large movements of civilians to urban centers in the north. More than 560,000 Burkinabè were internally displaced at year’s end.

The January 2019 killing of the village chief of Yirgou sparked communal clashes between members of the Fulani and Mossi ethnic communities. A series of reprisal attacks, partly organized by the Koglwéogo militia group, against Fulani left approximately 50 people dead by April according to the government; local civil society groups reported that as many as 200 were killed. In August, two Koglwéogo chiefs and five other individuals were arrested for their role in the violence.

In some cases, security forces have engaged in extrajudicial killings and torture, particularly against Fulani. In August 2019, the defense and security services reportedly executed 17 Fulani civilians, collaborating with the Koglwéogo to identify targets. Victims and civil society complain that authorities have failed to investigate human rights abuses perpetrated by security forces.

Allegations of torture and abuse of suspects in custody by the police are common, and prison conditions are poor.

Score Change: The score declined from 1 to 0 due to acute and widespread violence perpetrated by Islamist militants, as well as continued extrajudicial responses by the government.

F4 0-4 pts

Do laws, policies, and practices guarantee equal treatment of various segments of the population? 2 / 4

Discrimination against ethnic minorities occurs, but is not widespread. LGBT+ people, as well as those living with HIV, routinely experience discrimination. While illegal, gender discrimination remains common in employment and education. TOP G. Personal Autonomy and Individual Rights G1 0-4 pts

Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 2 / 4

Due to insecurity, the government has established a number of heavily guarded checkpoints on roads, and has instituted curfews and states of emergency in some provinces. Schools are a common target of armed groups, with Islamist militants targeting schools that operate in French instead of Arabic.

G2 0-4 pts

Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate 2 / 4 actors?

In recent years, the government has implemented reforms to reduce the amount of capital necessary to start a business, facilitating the ability to obtain credit information, and improving the insolvency resolution process. However, the business environment is hampered by corruption.

G3 0-4 pts

Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control 2 / 4 over appearance?

Women face discrimination in cases involving family rights and inheritance. Early marriage remains an issue, especially in the north. The practice of female genital mutilation is less common than in the past, but still occurs. Domestic violence remains a problem despite government efforts to combat it.

G4 0-4 pts TOP Do individuals enjoy equality of opportunity and freedom from economic exploitation? 2 / 4 Burkina Faso is a source, transit, and destination country for human trafficking. Child labor is present in the agricultural and mining sectors. Women from neighboring countries are recruited by traffickers and transported to Burkina Faso, where they are forced into prostitution.

According to the US Department of State’s 2019 Trafficking in Persons Report, Burkina Faso has worked to combat human trafficking through expanded efforts to convict perpetrators and protect victims of trafficking. However, the country fell short in key areas, including comprehensive data reporting and the identification and referral of adult victims.

On Burkina Faso See all data, scores & information on this country or territory. See More

Country Facts

Global Freedom Score 56 /100 Partly Free

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2019

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TOP

TAB 10 United Nations CCPR/C/BFA/CO/1

International Covenant on Distr.: General 17 October 2016 Civil and Political Rights English

Original: French

Human Rights Committee

Concluding observations on the initial report of Burkina Faso*

1. The Human Rights Committee considered the initial report of Burkina Faso (CCPR/C/BFA/1) at its 3279th and 3280th meetings (CCPR/C/SR.3279 and 3280), held on 28 and 29 June 2016. At its 3294th meeting, held on 11 July 2016, the Committee adopted the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the initial report of Burkina Faso, which was submitted 14 years late, and the information contained therein. The Committee appreciated the opportunity to engage in a constructive dialogue with the high-level delegation from the State party on the measures taken by the latter to give effect to the provisions of the Covenant. It thanks the State party for its written replies (CCPR/C/BFA/Q/1/Add.1) to the list of issues (CCPR/C/BFA/Q/1), which were supplemented by the delegation’s oral replies during the dialogue and the additional information it provided in writing.

B. Positive aspects

3. The Committee welcomes the legislative and institutional measures taken by the State party, notably: (a) The adoption of the national justice policy for 2010-2019 and the National Pact for Justice Reform on 28 March 2015; (b) The adoption of Act No. 22-2014/AN of 27 May 2014 aimed at preventing and punishing torture and related practices, which also provides for the establishment of a national observatory for the prevention of torture and related practices; (c) The adoption of Act No. 061-2015/CNT of 6 September 2015 on the prevention, punishment and reparation of violence against women and girls and support for victims, and the adoption in October 2015 of a road map for the rescue and reintegration into society of persons excluded for alleged witchcraft;

* Adopted by the Committee at its 117th session (20 June-15 July 2016).

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(d) The adoption of Act No. 015-2014/AN of 13 May 2014 on the protection of children in conflict with the law or at risk; (e) The adoption in November 2015 of the National Strategy for the Prevention and Elimination of Child Marriage (2016-2025); (f) The adoption of various measures to combat child labour, including a national programme to combat child labour at small-scale mining sites and quarries in Burkina Faso (2015-2019); (g) The decriminalization of press offences, in 2015; (h) The establishment in 2015 of the National Observatory for the Prevention and Management of Community Conflicts. 4. The Committee welcomes the ratification of or accession to the following international human rights instruments by the State party: (a) The Convention on the Rights of Persons with Disabilities and its Optional Protocol, in 2009; (b) The International Convention for the Protection of All Persons from Enforced Disappearance, in 2009; (c) The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in 2003; (d) The Convention on the Rights of the Child, in 1990, and its Optional Protocols on the involvement of children in armed conflict, in 2006, and on the sale of children, child prostitution and child pornography, in 2007; (e) The Convention on the Elimination of All Forms of Discrimination against Women, in 1987, and its Optional Protocol, in 2005; (f) The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 1999, and its Optional Protocol, in 2010; (g) The International Covenant on Economic, Social and Cultural Rights, in 1999; (h) The International Convention on the Elimination of All Forms of Racial Discrimination, in 1974.

C. Principal subjects of concern and recommendations

Applicability of the Covenant by national courts 5. The Committee notes that article 151 of the Constitution of Burkina Faso establishes the primacy of international treaties over domestic law and that the Covenant is an integral part of domestic law and may be directly invoked by the courts. The Committee regrets, however, that the provisions of the Covenant have only rarely been invoked or applied by the courts and that only one case has been submitted under the First Optional Protocol since 1999, which could signify a lack of awareness of the Covenant and its Optional Protocol (art. 2). 6. The State party should take steps to further raise awareness among judges, lawyers, prosecutors and other law enforcement personnel about the provisions of the Covenant, so that these can be taken into account before and by the national courts.

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National Human Rights Commission 7. The Committee welcomes the broadening of the terms of reference of the National Human Rights Commission on 24 March 2016 to bolster its members’ independence and give it functional and financial autonomy, but regrets that the decree on the organization and functioning of the Commission has not yet been adopted (art. 2). 8. The State party is encouraged to adopt without further delay the decree on the organization and functioning of the National Human Rights Commission, to appoint new members to it, to guarantee its independence and to grant it financial autonomy and sufficient resources to fully accomplish its mandate, in accordance with the Principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles).

Investigations into human rights violations 9. The Committee welcomes the establishment of the High Council for Reconciliation and National Unity and the two commissions of inquiry to elucidate and establish responsibility for serious human rights violations and crimes committed since 1960 and during the events of 2014 and 2015 respectively. It also welcomes the reopening of certain cases, including those related to the murders of Thomas Sankara and Norbert Zongo. The Committee is concerned, however, about the slow progress in some investigations, especially those related to the criminal responsibility of the police and security forces (arts. 2, 6, 7, 9, 19 and 21). 10. The State party should continue its efforts to elucidate and establish responsibility for crimes committed in the past and should investigate the human rights violations documented by the commissions of inquiry, prosecute the alleged perpetrators and punish those found guilty in a manner commensurate with the seriousness of the offence. It should also ensure that all victims have access to an effective remedy and receive adequate compensation, restitution and rehabilitation.

Representation of women in public affairs 11. While noting the progress made in increasing the number of women on certain political decision-making bodies, the Committee remains concerned about the low number of women in public affairs and in positions of responsibility in the private sector. It notes in particular that, despite the introduction of a 30 per cent quota in parliamentary and municipal elections and the increased number of women registered for the 2015 parliamentary elections, the number of women elected to office has fallen and remains extremely low (arts. 2, 3 and 26). 12. The State party should continue its efforts to increase the number of women in public affairs, including by ensuring the effective application of the legislation on political parties and by encouraging women to stand for election. It should also take steps to increase the number of women in positions of responsibility in every other sphere, including in the private sector.

Discrimination based on sexual orientation or gender identity 13. The Committee is concerned about the stereotyping of lesbians, gays, bisexuals and transgender persons, and about reports of discriminatory acts and hate speech aimed at them, including by politicians. It also notes with concern the absence of legislation expressly prohibiting discrimination based on sexual orientation or gender identity (arts. 2 and 26).

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14. The State party should organize awareness campaigns and redouble its efforts to combat and condemn stereotyping, hate speech and violence in relation to homosexuality, bisexuality or transsexuality. It should also review its legislation to ensure that discrimination based on sexual orientation or gender identity is prohibited.

Equality between men and women and practices that are harmful to women 15. The Committee takes note of the information provided by the delegation on the possibility of raising the age of marriage and recognizing customary and traditional marriages in law. It is still concerned, however, about: (a) the continued existence of legislative provisions that discriminate against women, particularly as regards the minimum legal age for marriage and a matrimonial regime that continues to permit polygamy; (b) non-compliance with the minimum age for marriage in traditional or religious marriages; (c) the prevalence of forced marriages and early marriages; (d) the persistence and prevalence of female genital mutilation, even though this has been a criminal offence since 1996; and (e) customary practices that discriminate against women by preventing them from owning land or inheriting it from their husband (arts. 2, 3, 7, 23, 24 and 26). 16. The State party should: (a) amend the Personal and Family Code so as to guarantee that the same minimum age for marriage applies to men and women and to all marriages, including traditional or religious marriages, and take steps to reduce polygamy with a view to its abolition; (b) extend the ban on forced marriages to cover traditional or religious marriages; (c) ensure that traditional or religious marriages are officially registered and that the age and consent of the spouses are systematically verified; (d) pursue efforts to raise awareness and devise new strategies for action to eradicate the practice of female genital mutilation; and (e) strengthen action to educate and sensitize the public, including traditional and religious leaders, to the need to combat traditional practices that are harmful to women, and ensure the effective application of the legal provisions that guarantee equality in matters of inheritance and access to land.

Violence against women 17. The Committee remains concerned about the prevalence of violence against women, including marital and sexual violence, and about the inadequacy of victim support services and shelters. The Committee also notes with concern that marital rape, as defined in article 14 (2) of Act No. 061-2015/CNT, is a criminal offence only if committed “repeatedly” or when the partner exhibits “any physical incapacity to engage in a sexual relationship”, and that it is punishable only with a fine (arts. 3 and 7). 18. The State party should ensure the effective enforcement of Act No. 061- 2015/CNT by making sure that cases of violence against women are thoroughly investigated, the perpetrators are prosecuted and convicted, and victims have access to effective remedies. The State party should step up awareness campaigns on this issue, improve victim support services and shelters and collect disaggregated data on the extent of violence against women. Lastly, the State party should amend article 14 (2) of Act No. 061-2015/CNT so as to make any act of marital rape a punishable offence and provide for penalties that are commensurate with the seriousness of the act.

Voluntary termination of pregnancy and access to contraception 19. The Committee is concerned about the constraints imposed on access to legal abortion in cases of rape or incest, namely, the need to obtain a judicial decision recognizing that an offence was committed and the legal deadline of 10 weeks for terminating a pregnancy. The Committee notes with concern that pregnant women are

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resorting to unsafe abortions that put their lives and health at risk because of the legal obstacles, stigmatization and lack of information. The Committee is also concerned about reports of violence against women who raise questions about contraception with their partners and about the cost of contraception, which, despite being heavily subsidized, is still a major obstacle to its use. The Committee also notes with concern the inaccessibility of sexual and reproductive health services in some rural areas, the lack of information on contraception and, in particular, the lack of information on emergency contraception (arts. 3, 6, 7 and 17). 20. The State party should eliminate the obstacles to legal abortion that prompt women to resort to unsafe abortions that put their lives and health at risk and it should lift the requirement for the prior authorization of a court for abortions resulting from rape or incest. It should also: (a) draw up and implement education and awareness programmes to combat the stigmatization of women and girls who have an abortion; (b) ensure that women and girls have access to quality services to deal with complications arising from unsafe abortions and ensure that they receive immediate and unconditional treatment; and (c) ensure that women and girls have access to sexual and reproductive health services, and that methods of contraception are accessible and available throughout the country, particularly in rural and remote areas.

The death penalty 21. While welcoming the official moratorium on executions applied by the State party since 2007 and the fact that there have been no executions since 1988, the Committee remains concerned that the death sentence is still being handed down (art. 6). 22. The State party should continue the political and legislative process aimed at abolishing the death penalty and its efforts to sensitize public opinion and campaign in favour of its abolition. It should also consider acceding to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty.

Mob justice and vigilante groups 23. The Committee is concerned that the heightened sense of insecurity and mistrust of the law is reflected in cases of mob justice and the lynching of individuals suspected of committing offences and in the emergence of vigilante groups, including the “Koglweogo”, some of whom have allegedly engaged in extortion, illegal arrests and detentions, physical abuse and murder, among other things. The Committee notes with concern the State party’s intention, as confirmed by the delegation, to reorganize community-based security arrangements so as to involve the vigilante groups, to train them and to supervise them so that they can work in synergy with national security and defence forces (arts. 6, 7 and 14). 24. The State party should: (a) reinforce the presence of national security and defence forces so as to guarantee the security of the population throughout the country and prevent the vigilante groups, including the “Koglweogo”, from taking the place of the State and performing law-enforcement tasks; (b) conduct investigations, prosecute all alleged perpetrators of human rights violations and, if they are found guilty, sentence them appropriately; and (c) organize awareness campaigns on the illegality of summary and mob justice and the criminal responsibility of perpetrators.

Violence during social and political unrest 25. The Committee is concerned about allegations of a number of human rights violations committed by the army, notably the presidential security guard, gendarmes and prison guards during the social and political unrest of the last few years, particularly the

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excessive and disproportionate use of force that has caused physical injuries and deaths, and restrictions on peaceful gatherings. It also notes with concern the reports that some media outlets, journalists, opposition figures and human rights defenders have been subjected to threats, harassment and intimidation, as well as the excessive restrictions on freedom of expression imposed by the Higher Council for Communication during the period of transition (arts. 7, 9, 19, 21 and 25). 26. The State party should take effective measures, particularly in the area of training, to prevent members of law enforcement agencies, the security forces and the prison service from making use of excessive and disproportionate force, taking due account of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. It should, moreover, redouble its efforts to make sure that all allegations of serious human rights violations by the army, including the presidential security guard, gendarmes and prison guards, are subject to a prompt, thorough and impartial investigation, that the perpetrators of such violations are prosecuted and duly punished, and that victims receive appropriate compensation.

Prohibition of torture and ill-treatment 27. The Committee is concerned about allegations of torture and ill-treatment inflicted by law enforcement officials, members of the armed forces and prison officers, including at the Wemtenga regional headquarters of the criminal investigation police. The Committee also remains concerned about reports that the legal provisions establishing the inadmissibility of confessions obtained by torture as evidence in court are not always respected. It also regrets that the national observatory for the prevention of torture and related practices provided for in Act No. 22-2014/AN is not yet operational (arts. 7, 10 and 14). 28. The State party should: (a) take steps to prevent torture, including by strengthening the training of justice, defence and security officials; (b) ensure that alleged acts of torture and ill-treatment committed by law enforcement officials, members of the armed forces and prison officers are thoroughly investigated, that the perpetrators are prosecuted and, if found guilty, sentenced appropriately, and that victims are duly compensated and offered rehabilitation assistance; (c) ensure that confessions obtained by torture are systematically rejected by the courts, in accordance with the State party’s legislation and article 14 of the Covenant; and (d) adopt, as soon as possible, decrees to make the national observatory for the prevention of torture and related practices operational.

Police custody, pretrial detention and fundamental legal safeguards 29. While welcoming the adoption of circular No. 2015-004/MJDHPC/CAB of 5 March 2015, setting out the right to be assisted by a lawyer from the very outset of a criminal investigation and the prohibition of holding orders, the Committee remains concerned about reports of wrongful arrests and detention in police custody and about the excessive use of pretrial detention, which is one of the main causes of prison overcrowding (arts. 9, 10 and 14). 30. The State party should take the necessary measures to ensure that the rules on the duration of police custody and pretrial detention, and the prohibition of holding orders, are respected, so as to avoid wrongful and excessive detention. The State party should also ensure that persons in police custody or pretrial detention are systematically made aware of their rights and that fundamental legal safeguards are observed, including the right to have access to a lawyer from the very outset of a criminal investigation and the right to contact a family member or friend.

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Administration of justice 31. While welcoming the measures taken to build the capacity of the judicial system and guarantee its independence and impartiality, the Committee remains concerned about the persistent allegations of corruption and the public mistrust of the judicial authorities (art. 14). 32. The State party should: (a) guarantee the effective independence and impartiality of the justice system and step up the fight against corruption; (b) strengthen measures aimed at ensuring access to justice, including by continuing to open new courts; and (c) allocate additional human and financial resources to the justice system, including the Legal Assistance Fund.

Prison conditions 33. The Committee is concerned about the inadequate detention conditions in almost all prison facilities in the State party and, particularly, about the very high rate of prison overcrowding and the high percentage of prisoners in pretrial detention. The Committee is further concerned about reports of unsatisfactory sanitary conditions, inadequate medical care and the poor quality of food served to prisoners. Lastly, the Committee is concerned that, because of the overcrowding, prisoners in pretrial detention are not separated from convicted prisoners. It regrets that there is no proper mechanism for receiving complaints from prisoners (arts. 9 and 10). 34. The State party should redouble its efforts to improve living conditions and the treatment of prisoners, including by giving them access to proper medical care and by separating prisoners according to their detention regime, in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). It should also continue its efforts to remedy the problem of prison overcrowding, including by putting in place a genuine policy on the use of alternatives to the deprivation of liberty.

Human trafficking and child labour 35. The Committee remains concerned about human trafficking for the purposes of sexual exploitation or forced labour in the State party, and about the lack of official data on the extent of the problem. The Committee is also concerned about the provisions of Act No. 011-2014/AN on the punishment of the sale of children, child prostitution and child pornography, which allow a person found guilty to pay a fine rather than go to prison. The Committee is further concerned about the extent and persistence of the use of children for begging and forced labour, particularly as domestic workers or in dangerous work, including small-scale mining operations, farm work and selling drinks (arts. 8 and 24). 36. The State party should: (a) continue its efforts to make the general public and those who work in the criminal justice system aware of the problem of trafficking and the risks of economic and sexual exploitation; (b) strictly enforce the laws and regulations related to child trafficking, child labour and the exploitation of children, with a view to eliminating these practices and strengthening monitoring mechanisms; (c) amend Act No. 011-2014/AN so as to ensure that the penalties handed down for sex offences involving children are commensurate with the seriousness of such offences; and (d) collect disaggregated data on the extent of trafficking for purposes of the sexual and economic exploitation, forced labour and exploitation of children.

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Right to demonstrate, presumption of innocence and individual criminal responsibility 37. The Committee notes with concern that article 15 of Act No. 26 of 8 May 2008, on the punishment of acts of vandalism committed during demonstrations on the public highway, is not in conformity with the Covenant, and notably with the principle of the presumption of innocence and individual criminal responsibility, as it allows for every member of a group to be held criminally responsible, regardless of whether the perpetrator of the offence has been identified or not (arts. 14 and 21). 38. The State party should continue its efforts to ensure that everyone can fully enjoy the rights set out in article 21 of the Covenant and the right to be presumed innocent and individual criminal responsibility, as set out in article 14, including by amending Act No. 26 of 8 May 2008.

Participation in elections 39. While recognizing that, in particular situations, a country’s legislation may make it impossible for certain citizens or organizations to accede to elected office, and while noting that article 135 of the State party’s Electoral Code, which renders ineligible anyone who “supported an unconstitutional change in violation of the principle of the democratic rotation of power”, is applicable only to the elections in 2015, the Committee is concerned about the sweeping and ill-defined exclusion of several candidates from the 2015 parliamentary and presidential elections, which constitutes a violation of the right to take part freely in elections (art. 25). 40. The State party should guarantee the right to vote and run for election to all its citizens without distinction, including on grounds of political opinion, in accordance with article 25 of the Covenant and taking due account of the Committee’s general comment No. 25 (1996) and the ruling handed down by the Community Court of Justice of the Economic Community of West African States on 13 July 2015 (Congress for Democracy and Progress et al. v. Burkina Faso).

Community conflicts 41. The Committee is concerned about the resurgence of conflicts between pastoralists and farmers, which have affected the Fulani (Peulh) communities in particular, and which have led to physical injuries and deaths, the destruction of property and housing, and population displacement. The Committee also notes with concern reports that the Fulani community has been regularly targeted by vigilante groups (arts. 6, 9 and 27). 42. The State party should continue its efforts to protect pastoralists and put a stop to the violations of which they are victims. It should promote intercommunal dialogue and try to reduce tensions between pastoralists and farmers, including by taking into consideration the root causes of the conflicts, such as the increased competition for land and land-tenure insecurity among indigenous peoples and other communities that follow customary land-tenure systems. The State party should also continue its efforts to ensure that human rights violations committed in the context of such conflicts are promptly investigated, prosecute and punish those responsible with sanctions commensurate with the crime and compensate the victims.

D. Dissemination of information on the Covenant

43. The State party should widely disseminate the Covenant and its Optional Protocol, the initial report, the written replies to the Committee’s list of issues, and the present concluding observations with a view to raising awareness of the rights

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enshrined in the Covenant among the judicial, legislative and administrative authorities, civil society and NGOs operating in the country, as well as the general public. 44. In accordance with rule 71 (5) of the Committee’s rules of procedure, the State party is requested to provide, within one year of the adoption of the present concluding observations, information on its implementation of the recommendations made by the Committee in paragraphs 16 (equality between men and women and practices that are harmful to women), 24 (mob justice and vigilante groups) and 36 (human trafficking and child labour) above. 45. The Committee requests the State party to submit its next periodic report by 15 July 2020 and to include in that report specific and up-to-date information on the implementation of the recommendations made in the present concluding observations and of the Covenant as a whole. The Committee also requests the State party, in preparing the report, to consult widely with civil society and NGOs operating in the country. In accordance with General Assembly resolution 68/268, the word limit for the report is 21,200 words. In addition, the Committee invites the State party to adopt by 15 July 2017 the simplified reporting procedure under which the Committee sends to the State party a list of issues prior to reporting. The State party’s replies to this list of issues would constitute its next periodic report due under article 40 of the Covenant.

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TAB 11 Afrobarometer Round 6 New data from across Africa

Dispatch No. 74 | 1 March 2016

Good neighbours? Africans express high levels of tolerance for many, but not for all

Afrobarometer Dispatch No. 74 | Boniface Dulani, Gift Sambo, and Kim Yi Dionne

Summary Scholars have argued that tolerance is “the endorphin of the democratic body politic,” essential to free political and cultural exchange (Gibson & Gouws, 2005, p. 6). Seligson and Morino-Morales (2010, p. 37) echo this view when they contend that a democracy without tolerance for members of other groups is “fatally flawed.” In this dispatch, we present new findings on tolerance in Africa from Afrobarometer Round 6 surveys in 33 countries in 2014/2015. While Africa is often portrayed as a continent of ethnic and religious division and intolerance, findings show high degrees of acceptance of people from different ethnic groups, people of different religions, immigrants, and people living with HIV/AIDS (PLWHA). Proximity and frequent contact with different types of people seem to nurture tolerance, as suggested by higher levels of tolerance in more diverse countries and a strong correlation between acceptance of PLWHA and national HIV/AIDS prevalence rates. A major exception to Africa’s high tolerance is its strongly negative attitude toward homosexuals. Even so, while the discourse on homosexuality has often painted Africa as a caricature of homophobia, the data reveal that homophobia is not a universal phenomenon in Africa: At least half of all citizens in four African countries say they would not mind or would welcome having homosexual neighbours. Analysis using a tolerance index based on five measures of tolerance points to education, proximity, and media exposure as major drivers of increasing tolerance on the African continent. This is consistent with socialization literature that suggests attitudes and values are not immutable; instead, they can be learned and unlearned.

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Afrobarometer survey Afrobarometer is a pan-African, non-partisan research network that conducts public attitude surveys on democracy, governance, economic conditions, and related issues across Africa. Five rounds of surveys were conducted between 1999 and 2013, and results from Round 6 surveys (2014/2015) are currently being released. Afrobarometer conducts face-to-face interviews in the language of the respondent’s choice with nationally representative samples, which yield country-level results with a margin of sampling error of +/-2% (for a sample of 2,400) or +/-3% (for a sample of 1,200) at a 95% confidence level. Round 6 interviews with about 54,000 citizens in 36 countries represent the views of more than three- fourths of the continent’s population. This dispatch draws mainly on Round 6 data from more than 50,000 interviews in 33 countries (see Appendix Table A.1 for a list of countries and survey dates). The questions on tolerance were not asked in Algeria, Egypt, and Sudan because research partners deemed the question about tolerance for homosexuals too sensitive. Results presented in this dispatch thus exclude these three North African countries.

Key findings

. Across 33 countries, large majorities of African citizens exhibit high tolerance for people from different ethnic groups (91%), people of different religions (87%), immigrants (81%), and people living with HIV/AIDS (68%). . Tolerance levels are particularly high in regions and countries that are ethnically and religiously diverse, suggesting that experience is an important factor in inculcating an attitude of tolerance among African citizens. . Similarly, tolerance for people living with HIV/AIDS is highest in countries with high HIV/AIDS prevalence, providing further evidence that intolerance and stigmatization can be unlearned through personal encounters. . A large majority of Africans, however, are intolerant of homosexual citizens. Across the 33 countries, an average of 78% of respondents say they would “somewhat dislike” or “strongly dislike” having a homosexual neighbour. . But not all of Africa is homophobic. Majorities in four countries (Cape Verde, South Africa, Mozambique, and Namibia), and more than four in 10 citizens in three other countries, would like or not mind having homosexual neighbours. . Christians, urban residents, and younger citizens tend to be more tolerant than, respectively, Muslims, rural residents, and older people.

Measuring tolerance in Africa Tolerance is commonly measured in one of three ways. One is the “fixed-group” approach, in which survey respondents are asked to indicate whether groups at the fringes of politics, identified by the researchers, should be allowed to take part in political activities (Stouffer, 1955). Second is the “least-liked” approach proposed by Sullivan, Piereson, and Marcus (1982). This technique asks respondents to pick, from a list provided to them, the groups they dislike most. The respondents are then asked whether they would tolerate a range of political activities by their disliked groups. In a study by Peffley and Rohrschneider (2003), for example, respondents were asked whether their disliked groups should be allowed to hold office or to conduct demonstrations. A third technique has moved away from limiting questions to categories the respondent dislikes. Instead, respondents answer questions about whether they approve of policies that would limit civil liberties of all citizens (Gibson & Bingham, 1985).

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In the African context, high-quality data measuring tolerance on a continental scale and on a regular basis have been scarce. This is the case despite wide-ranging debates on issues nested within the context of tolerance, such as ethnic conflict, acceptance of migrants, and, more recently, rights for sexual minorities. Writing specifically about the paucity of data gauging public attitudes toward lesbian, gay, bisexual, transgender, and queer (LGBTQ) populations, Dionne, Dulani, and Chunga (2014) note that data from the African context are sporadic and cover only a handful of the continent’s 54 countries. As a contribution to the many debates on aspects of tolerance, the Afrobarometer module asks respondents whether they would like, dislike, or be indifferent to having as neighbours 1) people of a different religion, 2) people from a different ethnic group, 3) homosexuals, 4) people living with HIV/AIDS, and 5) immigrants or foreign workers. Response options are “strongly dislike,” “somewhat dislike,” “would not care,” “somewhat like,” “strongly like,” and “don’t know.” This approach to studying tolerance most closely matches the “least-liked” approach.

The state of tolerance in Africa A common narrative of Africa is that most citizens are intolerant of people who are different – whether that difference be based on ethnicity, religion, nationality, political affiliation, or sexual orientation. Responses to the Afrobarometer questions on tolerance suggest that this generalization is incorrect. Instead, majorities in the 33 countries say they would like or would not mind living next to people from four of five categories: someone from a different ethnicity (91%), someone with a different religion (87%), an immigrant or foreign worker (81%), and a person living with HIV/AIDS (68%). It is only on the question of homosexuality that a majority (78%) of Africans exhibit deeply intolerant attitudes (Figure 1).

Figure 1: Tolerance in Africa | 33 countries | 2014/2015

100% 6%

31% 15% 80% 42% 53% 50%

60%

37% 40% 39% 78% 38% 38% 20% 31% 18% 9% 12% 0% Ethnicity Religion Immigrants HIV/AIDS Homosexuals

Somewhat/Strongly dislike Would not care Somewhat/Strongly like

Respondents were asked: For each of the following types of people, please tell me whether you would like having people from this group as neighbours, dislike it, or not care: People of a different religion? People from other ethnic groups? Homosexuals? People who have HIV/AIDS? Immigrants or foreign workers? (Note: Due to rounding, categories may not always add up to 100%.)

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On a continent that has become synonymous with ethnic conflict, it is telling that the least- disliked group – liked or tolerated as neighbours by nine of 10 respondents – are people of a different ethnicity. While this does not imply the end of ethnic conflicts, it suggests that decades of close interaction and inter-marriage could gradually be helping to dilute the power of ethnicity as a source of division and conflicts. Only slightly more respondents object to living next to people of a different religion or next to immigrants; both are accepted by more than eight in 10 Africans. Considerably fewer citizens – though still a two-thirds majority – would like or accept having neighbours who are living with HIV/AIDS, which suggests that there is still a significant level of stigma attached to the HIV/AIDS epidemic in some parts of the continent. At the negative extreme, the average citizen in the 33 countries is opposed to having homosexual neighbours. This is perhaps not surprising, given that a majority of the continent’s countries criminalize homosexual activities. Only about one in five respondents (21%) say they would not be opposed to having homosexuals as neighbours. (For detailed response frequencies, see Appendix Tables A.2-A.6.) The data show marked differences in tolerance between urban and rural Africans, with the former exhibiting higher degrees of tolerance on all five measures (Figure 2].

Figure 2: Urban-rural differences in tolerance levels | 33 countries | 2014/2015

100% 93% 90% 91% 90% 85% 84% 79% 80% 76%

70% 62% 60% 50% 40% 30% 27% 20% 17% 10% 0% Ethnicity Religion Immigrants HIV/AIDS Homosexuals

Urban Rural

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to people of a different ethnic group or religion, immigrants, PLWHA, or homosexuals)

A similar picture obtains for comparisons of responses by gender, education level, and religion. On all five questions, men are more likely than women, the better educated more likely than the less educated, and Christians more likely than Muslims to express tolerant views. This suggests that societal values are contributing to the nurturing of tolerance values among African citizens.

National and regional differences in tolerance Levels of tolerance on the five items show notable differences by country and region. In general, North African countries show the lowest tolerance on all indicators except homosexuality, where the region ranks above East and West Africa (Figure 3).

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Figure 3: Tolerance levels by region1 | 33 countries | 2014/2015

100% 94% 95% 95% 94% 93% 88% 88% 88% 90% 87% 85% 86% 81% 79% 81% 80% 75% 74% 71% 70% 66%

60% 53% 48% 50% 40% 32% 30% 25% 20% 17%15% 12% 10% 0% Ethnicity Religion Immigrants HIV/AIDS Homosexual

North Africa West Africa Southern Africa East Africa Central Africa

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to people of a different ethnic group or religion, immigrants, PLWHA, or homosexuals)

Country-level differences suggest that proximity and frequent contact between different groups may contribute to tolerance. This points to an important aspect that is often overlooked in the literature: Tolerance, and its flipside, intolerance, are not fixed but are subject to change. This is broadly consistent with Allport’s (1954) “contact theory,” which posits that under certain conditions, interpersonal contact can lead to a reduction of prejudice between groups.

Tolerance for people of a different ethnicity The discourse on African politics often highlights how ethnic fractionalization contributes to political polarization and inter-ethnic conflicts. These inter-ethnic rivalries threaten democratic consolidation, undermine nation-building efforts, and impair economic performance (Posner, 2004; Branch & Cheeseman, 2009; Bertocchi & Guerzoni, 2012; Jackson, 2002; Berman, 1998; Easterly & Levine, 1997; Goren, 2005; Bratton, 2011). While this perspective suggests high levels of intolerance for people from different ethnic groups, Afrobarometer findings show that this is not the case. Instead, 91% of respondents across 33 countries say they would not mind or would actually like having people from a different ethnic group as their neighbours. The lowest proportion of respondents who express tolerance for people of different ethnic groups is 74% in Morocco and Swaziland, while nearly every Senegalese and Gabonese citizen (99%) would welcome or accept non-coethnic neighbours (Figure 4).

1 Regional groupings are: North Africa (Morocco, Tunisia), Central Africa (Cameroon, Gabon, São Tomé and Principe), East Africa (Burundi, Kenya, Tanzania, Uganda), West Africa (Benin, Burkina Faso, Cape Verde, Côte d'Ivoire, Ghana, Guinea, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, Togo), Southern Africa (Botswana, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Zambia, Zimbabwe),.

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Figure 4: Tolerance for people of other ethnicities | by country | 33 countries | 2014/2015

Senegal 99% Gabon 99% Togo 98% Côte d'Ivoire 98% Burundi 98% Benin 97% Sierra Leone 97% Namibia 96% Tanzania 96% Burkina Faso 96% Ghana 96% Liberia 95% Cameroon 95% Botswana 94% Cape Verde 94% Zimbabwe 94% Mauritius 93% Madagascar 93% Uganda 93% South Africa 93% São Tomé and Príncipe 92% Kenya 91% Average 91% Mali 91% Guinea 90% Malawi 89% Niger 86% Zambia 85% Nigeria 85% Mozambique 81% Lesotho 79% Tunisia 77% Swaziland 74% Morocco 74% 0% 20% 40% 60% 80% 100%

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to people of a different ethnic group)

Levels of tolerance for different ethnic groups are lower in North Africa than in other regions of the continent (Figure 5). North Africa also happens to be the most ethnically homogeneous African region. The lower tolerance levels for ethnic pluralism in this region might thus be explained by the limited interaction between people of different ethnic origins. Contact with different ethnic groups, in other words, might be driving tolerance for ethnic pluralism in Africa, helping to undermine age-old barriers that previously fuelled ethnic intolerance.

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Figure 5: Tolerance for people of other ethnicities | by region | 33 countries | 2014/2015

100% 95% 95% 94% 91% 88% 90%

80% 75%

70%

60%

50%

40%

30%

20%

10%

0% Central East West Southern North Average Africa Africa Africa Africa Africa

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to people of a different ethnic group or religion, immigrants, PLWHA, or homosexuals)

Consistent with trends seen above, better-educated people, the younger generation, and urban dwellers show more tolerant attitudes than the less educated, the older generation, and rural residents.

Tolerance for people of a different religion Among Afrobarometer Round 6 respondents, 55% identify as Christians while 32% identify as Muslims. Of all 36 countries surveyed in Round 6, 25 have a majority Christian population, 10 have a majority Muslim population, and one (Mauritius) has a Hindu majority. Although most African countries have a dominant religion, most also have a sizeable number of citizens who belong to minority religions.2 In half of the 36 surveyed countries, at least 10% of the population belong to a minority religious grouping. Within this context of religious pluralism, tolerance for people belonging to different religions is crucial for social harmony and peaceful coexistence. While almost nine in 10 Africans (87%) express tolerance for people belonging to different religions, citizens in majority Muslim countries, especially countries with low religious diversity, are relatively less tolerant of having neighbours of different religions. This is particularly true for Niger, Tunisia, and Morocco (all with 100% Muslim populations), as well as Guinea (88% Muslim) (Figure 6).

2 A recent study found that five of the world’s 12 most religiously diverse countries are in sub-Saharan Africa (Pew Research Center, 2014).

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Figure 6: Tolerance for people of a different religion | by country | 33 countries | 2014/2015

Côte d'Ivoire 98% Burundi 97% Tanzania 96% Gabon 96% Cape Verde 96% Namibia 96% Sierra Leone 95% South Africa 95% Uganda 95% Ghana 95% Togo 95% Benin 94% Mauritius 94% Burkina Faso 93% São Tomé and Príncipe 93% Zimbabwe 93% Madagascar 93% Malawi 92% Liberia 91% Cameroon 90% Kenya 90% Botswana 89% Senegal 88% Average 87% Zambia 85% Mali 83% Mozambique 82% Lesotho 81% Nigeria 81% Swaziland 73% Morocco 67% Guinea 67% Tunisia 65% Niger 51% 0% 20% 40% 60% 80% 100%

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to people of a different religion)

In contrast to the two North African countries where this question was asked, which rank near the bottom in religious tolerance, East Africa is the most tolerant region, with 94% of citizens, on average, accepting people of different religions. Again, more educated individuals and urbanites tend to be more tolerant of religious difference than people with less education and rural residents.

Tolerance for immigrants Although very few African countries are net recipients of immigrants, the findings suggest that there is a high level of acceptance of immigrants among citizens on the continent. Overall, 81% of Africans say they would like or not mind having neighbours who are

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immigrants or foreign workers (Figure 7). This places Africans among the most migrant- tolerant people in the world. For example, in the most recent wave of the World Values Surveys (2010-2014), more than one-third of Middle Easterners (36%) and Asians (34%) expressed opposition to having migrant neighbours, compared to less than one-fifth of Africans. Only in a handful of African countries do sizeable minorities express rejection of immigrants: Lesotho (42%), Zambia (35%), Mauritius (34%), Madagascar (33%), Morocco (33%), and South Africa (32%). The case of Lesotho is particularly interesting, as a large proportion of the country’s male workforce is employed as migrant labour in neighbouring South Africa, and yet more than four in 10 citizens don’t want to live next to immigrants. South Africa, which in recent years has experienced widespread xenophobic attacks against foreigners, illustrates the violent implications of anti-immigrant attitudes (Chingwete, 2016).

Figure 7: Tolerance for immigrants/foreign workers | by country | 33 countries | 2014/2015

Cape Verde 94% Burkina Faso 94% Benin 94% Togo 93% Senegal 90% Burundi 90% Côte d'Ivoire 89% São Tomé and Príncipe 88% Ghana 88% Zimbabwe 87% Mali 87% Guinea 87% Sierra Leone 86% Liberia 86% Namibia 85% Botswana 85% Malawi 84% Gabon 84% Cameroon 84% Swaziland 82% Average 81% Kenya 80% Uganda 78% Nigeria 76% Tunisia 75% Tanzania 75% Niger 73% Mozambique 70% South Africa 68% Madagascar 67% Morocco 66% Mauritius 66% Zambia 64% Lesotho 57% 0% 20% 40% 60% 80% 100%

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to immigrants or foreign workers)

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Tolerance for people living with HIV/AIDS The notion that proximity and regular interaction between different groups can help to break down intolerant attitudes is also reflected in tolerance levels for HIV-positive people. In 26 of the 33 countries surveyed, a majority of citizens say they would like or would not mind having PLWHA as their neighbours (Figure 8). This still leaves substantial proportions of the population (31% on average) who would object to having HIV-positive neighbours, an indication of the continued power of HIV-related stigma. Moreover, almost eight in 10 respondents in Niger (79%) and Madagascar (77%) express intolerance for PLWHA, which is also the majority view in Sierra Leone (73%), Guinea (69%), Morocco (57%), and Mali (53%).

Figure 8: Tolerance for people living with HIV/AIDS | by country | 33 countries | 2014/2015

Botswana 96% Namibia 94% Zimbabwe 94% Swaziland 93% South Africa 91% Malawi 91% Gabon 90% Burundi 87% Tanzania 87% Zambia 87% Kenya 86% Lesotho 84% Cape Verde 83% Uganda 83% Cameroon 77% Côte d'Ivoire 76% São Tomé and Príncipe 75% Togo 71% Ghana 68% Average 68% Mozambique 66% Burkina Faso 60% Liberia 56% Senegal 56% Tunisia 55% Mauritius 53% Nigeria 52% Benin 49% Mali 47% Morocco 42% Guinea 30% Sierra Leone 23% Madagascar 23% Niger 22% 0% 20% 40% 60% 80% 100%

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to PLWHA)

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Tolerance for PLWHA is strongly correlated with HIV/AIDS prevalence at the country level.3 Put simply, citizens in countries that have high HIV/AIDS prevalence tend to exhibit high tolerance levels for PLWHA. This is perhaps not very surprising, as among countries where HIV/AIDS prevalence is very high, especially in the Southern Africa region, intolerance for PLWHA might be tantamount to rejecting one’s close family members or friends. Although the strong correlation between tolerance and prevalence does not imply causality, we speculate that proximity and frequent interaction might be important in influencing tolerant attitudes toward PLWHA.

Tolerance for homosexuals Africa’s negative attitudes toward homosexuals are documented in the news media and, to a lesser extent, the academic literature (Reddy, 2001, 2002; Potgieter, 2006). Afrobarometer survey data suggest this narrative to be true, as only 21% of all citizens across the 33 countries say they would like or would not mind having homosexual neighbours (Figure 9). However, there are important country-level differences that may be overlooked in the aggregate numbers. In four African countries, a majority of citizens express acceptance of neighbours who are homosexual: Cape Verde (74% who would strongly/somewhat like or would not care), South Africa (67%), Mozambique (56%), and Namibia (55%). In three other countries, more than 40% of citizens say they are not opposed to having homosexual neighbours: Mauritius (49%), São Tomé and Principe (46%), and Botswana (43%). The portrayal of Africa as universally homophobic is thus not supported by these findings. Still, intolerance toward homosexuals remains widespread, reaching near-unanimity in Senegal (97%) as well as Guinea, Uganda, Burkina Faso, and Niger (all 95%). The case of Mozambique offers an interesting demonstration of how policy change may interact with popular attitudes. In 2014, Mozambique adopted a new penal code that decriminalizes homosexuality (BBC News, 2015). Since there are no available data on Mozambicans’ attitudes toward homosexuals prior to decriminalization, we may debate as to whether relatively high acceptance precipitated decriminalization or the legal Do your own analysis of Afrobarometer reform has had the added benefit of data – on any question, for any country influencing attitudinal change among the and survey round. It’s easy and free at wider citizenry. The two countries expressing www.afrobarometer.org/online-data- the highest tolerance for homosexual citizens, analysis. Cape Verde and South Africa, also do not criminalize homosexuality. However, in some cases, ordinary citizens are ahead of law reform by embracing LGBTQ rights at a time when some practices are illegal in their countries. This is true in Namibia and Mauritius, two countries with comparatively high acceptance of homosexuals despite legislation that make homosexuality a crime. The data further suggest an important link between tolerance for homosexuals and respondents’ age and education levels. Younger and more educated Africans tend to be more tolerant of homosexuals than older Africans and less educated citizens (Figure 10). This finding suggests that while current attitudes are largely negative, it is possible that Africa will become progressively less homophobic over time.

3 Pearson’s r=0.629, p=<.001

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Figure 9: Tolerance for homosexuals | by country | 33 countries | 2014/2015

Cape Verde 74% South Africa 67% Mozambique 56% Namibia 55% Mauritius 49% São Tomé and Príncipe 46% Botswana 43% Swaziland 26% Average 21% Tanzania 21% Côte d'Ivoire 18% Benin 17% Gabon 17% Tunisia 17% Morocco 16% Nigeria 16% Liberia 16% Lesotho 16% Kenya 14% Madagascar 12% Cameroon 11% Ghana 11% Zimbabwe 10% Togo 10% Burundi 10% Mali 10% Zambia 7% Sierra Leone 6% Malawi 6% Niger 5% Burkina Faso 5% Uganda 5% Guinea 4% Senegal 3%

0% 20% 40% 60% 80% 100%

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to homosexuals)

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Figure 10: Tolerance for homosexuals | by education level, age, and urban-rural residence | 33 countries | 2014/2015

No formal education 11% Primary 18% Secondary 26% Post-secondary 31%

18-25 25% 26-35 22% 36-45 21% 46-55 18% 56-65 17% Over 65 17%

Urban 27% Rural 17%

Average 21%

0% 10% 20% 30% 40% 50%

(% of respondents who say they would “strongly like,” “somewhat like” or “not care” if they lived next to homosexuals)

The tolerance index Responses to the battery of tolerance questions in the Afrobarometer survey can be combined to calculate average scores for each respondent and each country to generate an index of tolerance that captures overall levels of tolerance across the five items (different ethnicity, different religion, immigrants, PLWHA, and homosexuals). Scores on the tolerance index range along a five-point scale from 1 (for an individual who is completely intolerant) to 5 (reflecting a constant tolerant attitude across all five items). The mean tolerance index score across all 33 countries surveyed in 2014/2015 is 3.08, which suggests that the average African respondent leans more toward tolerant than intolerant. However, consistent with the cross-national variations in tolerance for the different categories of people, there are important national variations around the mean (Figure 11). The most tolerant countries on the index are Namibia (3.71), Malawi (3.69), and Burundi (3.68), while the least tolerant countries are Niger (2.30), Tunisia (2.35), and Morocco (2.36). In general, North African and Central African countries have some of the lowest tolerance scores, while other regions are represented all along the spectrum.

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Figure 11: Index of tolerance in Africa | 33 countries | 2014/2015

Namibia 3.71 Malawi 3.69 Burundi 3.68 Ghana 3.48 Togo 3.46 Tanzania 3.43 Sierra Leone 3.36 South Africa 3.34 Botswana 3.32 Liberia 3.3 Zimbabwe 3.2 Kenya 3.18 Mali 3.17 Benin 3.11 Average 3.08 Burkina Faso 3.08 Zambia 3.06 Uganda 3.06 Mozambique 3.06 Senegal 3.04 Guinea 3.04 Côte d'Ivoire 3.03 Cape Verde 2.96 Lesotho 2.95 São Tomé and Príncipe 2.92 Gabon 2.92 Nigeria 2.91 Cameroon 2.91 Swaziland 2.79 Mauritius 2.76 Madagascar 2.63 Morocco 2.36 Tunisia 2.35 Niger 2.3 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 5

Figure shows average country scores along a five-point scale for responses across all five tolerance questions (different ethnic groups, different religions, immigrants, PLWHA, and homosexuals)

Drivers of tolerance In addition to the likely positive effects of proximity and contact mentioned above, tolerance appears to be driven, at least in part, by several socio-demographic characteristics (Figure 12). Education, in particular, shows an important effect in inculcating a culture of tolerance. Overall, people who have at least a secondary school education tend to exhibit higher tolerance than the less educated. The younger generation exhibits higher tolerance than its

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elders.4 Similarly, men and urban residents express higher tolerance levels than women and rural residents. Another variable that shows a positive, albeit weak, relationship with tolerance is media exposure.5 On average, African citizens who are regularly exposed to news through radio, television, newspapers, the Internet, and social media are more likely to demonstrate tolerant attitudes than those who have no or low media exposure. These findings suggest important policy lessons in the quest to promote tolerant attitudes on the continent. First, investment in education matters in nurturing a tolerant population. Second, news media with broad coverage can play an important role in promoting tolerance among African citizens. With regard to religion, the findings suggest substantial differences in tolerant attitudes between Africans who identify as Christians and those who identify as Muslims. The mean tolerance scores for Christians (3.19) and Muslims (2.87) reflect a 10% difference between the continent’s two main religious groups.

Figure 12: Drivers of tolerance in Africa | 33 countries | 2014/2015

Post-secondary 3.14 Secondary 3.13 Primary 3.08 No formal education 2.94

18-25 3.1 26-35 3.09 36-45 3.09 46-55 3.03 56-65 3.03 Over 65 3.02

Male 3.1 Female 3.05

Urban 3.12 Rural 3.04

High media exposure 3.13 Moderate media exposure 3.07 No/Low media exposure 3.06

Christians 3.19 Muslims 2.87 Other religions 3.02 1 1.5 2 2.5 3 3.5

Figure shows average scores by socio-demographic group along a five-point scale for responses across all five tolerance questions (different ethnic groups, different religions, immigrants, PLWHA, and homosexuals)

4 For education: Pearson’s r=0.83, p=<0.001; for age: Pearson’s r=-0.34, p=<001. 5 Pearson’s r=-0.037, p=<001. (Media exposure is an additive index based on how often respondents receive news from radio, television, newspapers, the Internet, and social media.)

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Conclusion Africans express high levels of tolerance for people of different ethnicities, religions, and nationalities. A large majority also express tolerance for people living with HIV/AIDS, though HIV-related stigma remains a reality in most countries. Africans are far less tolerant of homosexuals, though even on this issue, country-level variations prevent the continent from being painted as uniformly intolerant. While our data do not yet permit analysis of trends over time, the findings of this study tell us that tolerance in Africa is not a constant. Rather, it can be nurtured and learned. In addition to the likely effects of contact with people of different backgrounds, education and news media exposure are drivers of a tolerant society, as more educated individuals and those who have greater exposure to the media tend to embrace more tolerant attitudes. The fact that younger citizens are more tolerant than their elders also bodes well for an increasingly tolerant future in Africa.

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References BBC News. (2015). Mozambique decriminalises gay and lesbian relationships. Available at http://www.bbc.co.uk/news/world-africa-33342963. Accessed 8 February 2016. Berman, B. (1998). Ethnicity, patronage and the African state: The politics of uncivil nationalism. African Affairs, 97(388), 305-341. Bertocchi, G., & Guerzoni, A. (2012). Growth, history, or institutions: What explains state fragility in sub-Saharan Africa. Journal of Peace Research, 49(6), 769-783. Branch, D., & Cheeseman, N. (2009). Democratisation sequencing and state failure in Africa: Lessons from Kenya. African Affairs, 108(340), 1-26. Bratton, M. (1989). Beyond the state: Civil society and associational life in Africa. World Politics, 41(3), 407-430. Chingwete, A. (2016). Immigration remains a challenge for South Africa’s government and citizens. Afrobarometer Dispatch No. 72. Available at http://afrobarometer.org/ publications/ad72- immigration-remains-challenge-for-south-africas-government-and-citizens. Dionne, K., Dulani, B., & Chunga, J. (2014). Attitudes toward homosexuality in sub-Saharan Africa, 1982-2012. Unpublished research note. Easterly, W., & Levine, R. (1997). Africa’s growth tragedy: Policies and ethnic divisions. Quarterly Journal of Economics, 112(4), 1203-1250. Gibson, J., & Gouws, A. (2005). Overcoming intolerance in South Africa: Experiments in democratic persuasion. Cambridge: Cambridge University Press. Gibson, J., & Bingham, R. (1985). Civil liberties and nazis: The Stokie free speech controversy. New York: Praeger. Goren, P. (2005). Party identification and core political values. American Journal of Political Science, 49(4), 849-863. Jackson, R. (2002). Violent internal conflict and the African state: Towards a framework for analysis. Journal of Contemporary African Studies, 20(1), 29-52. Peffley, M., & Rohrschneider, R. (2003). Democratization and political tolerance in seventeen countries: A multi-level model of democratic learning. Political Research Quarterly, 56(3), 243-257. Pew Research Center. (2014). Global religious diversity. Available at http://www.pewforum.org/ 2014/04/04/global-religious-diversity/. Posner, D. (2004). Measuring ethnic fractionalization in Africa. American Journal of Political Science, 48(4), 849-863. Potgieter, C. (2006). The imagined future for gays and lesbians in South Africa: Is this it? Africa Agenda: Empowering women for gender equity, 20(67), 4-8. Reddy, V. (2001). Homophobia, human rights and gay and lesbian equality in Africa. Africa Agenda: Empowering women for gender equity, 16(50), 83-87. Reddy, V. (2002). Perverts and sodomites: Homophobia as hate speech in Africa. Southern African Linguistics and Applied Language Studies, 20, 163-175. Seligson, M., & Moreno-Morales, D. (2010). Gay in the Americas. Americas Quarterly, Winter 2010, 37-41. Stouffer, S. (1955). Communism, conformity and civil liberties. New York: Doubleday.

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Sullivan, J., Piereson, J., & Marcus, G. (1982). Political tolerance and American democracy. Chicago: University of Chicago Press. World Values Survey. (2010-2014). Available at http://www.worldvaluessurvey.org/ WVSDocumentationWV6.jsp.

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Appendix

Table A.1: Afrobarometer Round 6 fieldwork dates and previous survey rounds

Months when Round 6 fieldwork Country Previous survey rounds was conducted

Algeria May-June 2015 2013 Benin May-June 2014 2005, 2008, 2011 Botswana June-July 2014 1999, 2003, 2005, 2008, 2012 Burkina Faso April-May 2015 2008, 2012 Burundi September-October 2014 2012 Cameroon January-February 2015 2013 Cape Verde November-December 2014 2002, 2005, 2008, 2011 Côte d'Ivoire August-September 2014 2013 Egypt June-July 2015 2013 Gabon September 2015 N/A Ghana May-June 2014 1999, 2002, 2005, 2008, 2012 Guinea March-April 2015 2013 Kenya November-December 2014 2003, 2005, 2008, 2011 Lesotho May 2014 2000, 2003, 2005, 2008, 2012 Liberia May 2015 2008, 2012 Madagascar December 2015-January 2015 2005, 2008, 2013 Malawi March-April 2014 1999, 2003, 2005, 2008, 2012 Mali December 2014 2001, 2002, 2005, 2008, 2013 Mauritius June-July 2014 2012 Morocco November 2015 2013 Mozambique June-August 2015 2002, 2005, 2008, 2012 Namibia August-September 2014 1999, 2003, 2006, 2008, 2012 Niger April 2015 2013 Nigeria December 2014-January 2015 2000, 2003, 2005, 2008, 2013 São Tomé and Principe July-August 2015 N/A Senegal November-December 2014 2002, 2005, 2008, 2013 Sierra Leone May-June 2015 2012 South Africa August-September 2015 2000, 2002, 2006, 2008, 2011 Sudan June 2015 2013

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Months when Round 6 fieldwork Country Previous survey rounds was conducted

Swaziland April 2015 2013 Tanzania August-November 2014 2001, 2003, 2005, 2008, 2012 Togo October 2014 2012 Tunisia April-May 2015 2013 Uganda May 2015 2000, 2002, 2005, 2008, 2012 Zambia October 2014 1999, 2003, 2005, 2009, 2013 Zimbabwe November 2014 1999, 2004, 2005, 2009, 2012

Table A.2: Tolerance for people of a different ethnicity | 33 countries | 2014/2015

Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Algeria N/A N/A N/A N/A N/A N/A Benin 1% 3% 38% 14% 45% 0% Botswana 3% 3% 46% 19% 29% 0% Burkina Faso 2% 2% 39% 11% 46% 0% Burundi 1% 1% 14% 12% 72% 0% Cameroon 2% 3% 52% 18% 25% 0% Cape Verde 3% 3% 81% 7% 6% 1% Côte d'Ivoire 1% 1% 53% 16% 29% 0% Egypt N/A N/A N/A N/A N/A N/A Gabon 0% 1% 63% 19% 17% 0% Ghana 3% 2% 15% 15% 66% 0% Guinea 7% 3% 9% 11% 70% 0% Kenya 3% 5% 33% 20% 38% 0% Lesotho 14% 7% 35% 11% 32% 1% Liberia 2% 3% 15% 38% 42% 1% Madagascar 1% 6% 54% 24% 16% 0% Malawi 5% 6% 6% 17% 66% 0% Mali 4% 6% 19% 13% 59% 0% Mauritius 1% 6% 68% 18% 7% 0% Morocco 12% 14% 63% 7% 3% 1%

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Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Mozambique 5% 11% 44% 16% 22% 4% Namibia 1% 2% 30% 19% 47% 0% Niger 9% 5% 43% 16% 27% 0% Nigeria 6% 8% 28% 31% 26% 1% São Tomé and Principe 4% 3% 66% 12% 15% 1% Senegal 0% 1% 37% 6% 56% 0% Sierra Leone 2% 1% 3% 11% 82% 1% South Africa 3% 4% 44% 20% 29% 0% Sudan N/A N/A N/A N/A N/A N/A Swaziland 9% 17% 49% 20% 5% 0% Tanzania 2% 2% 23% 21% 52% 0% Togo 1% 1% 22% 15% 61% 0% Tunisia 21% 3% 63% 8% 6% 0% Uganda 4% 4% 40% 17% 35% 0% Zambia 8% 7% 28% 16% 41% 0% Zimbabwe 3% 4% 41% 19% 35% 0% AVERAGE 4% 4% 38% 16% 37% 0%

Respondents were asked: For each of the following types of people, please tell me whether you would like having people from this group as neighbours, dislike it, or not care: People from other ethnic groups?

Table A.3: Tolerance for people of a different religion | 33 countries | 2014/2015

Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Algeria N/A N/A N/A N/A N/A N/A Benin 2% 4% 38% 13% 43% 0% Botswana 5% 6% 45% 18% 26% 0% Burkina Faso 4% 3% 40% 10% 44% 0% Burundi 1% 2% 15% 11% 71% 0% Cameroon 4% 5% 51% 17% 22% 1% Cape Verde 2% 2% 82% 7% 7% 1% Côte d'Ivoire 1% 1% 54% 14% 29% 0% Egypt N/A N/A N/A N/A N/A N/A Gabon 1% 3% 67% 17% 12% 0%

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Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Ghana 3% 2% 14% 14% 67% 0% Guinea 27% 6% 8% 9% 50% 0% Kenya 5% 6% 35% 17% 38% 0% Lesotho 13% 5% 32% 10% 39% 1% Liberia 3% 6% 13% 40% 38% 1% Madagascar 2% 5% 52% 26% 16% 0% Malawi 3% 5% 7% 16% 70% 0% Mali 10% 7% 22% 10% 52% 0% Mauritius 1% 5% 68% 18% 7% 0% Morocco 15% 18% 57% 7% 3% 1% Mozambique 7% 9% 43% 14% 24% 3% Namibia 1% 3% 30% 18% 48% 0% Niger 37% 12% 35% 7% 9% 0% Nigeria 7% 10% 28% 27% 26% 2% São Tomé and Principe 4% 2% 67% 11% 16% 1% Senegal 8% 4% 40% 6% 42% 0% Sierra Leone 3% 1% 3% 7% 86% 1% South Africa 2% 3% 45% 19% 31% 0% Sudan N/A N/A N/A N/A N/A N/A Swaziland 11% 16% 50% 18% 5% 1% Tanzania 2% 2% 22% 20% 54% 0% Togo 2% 3% 22% 15% 57% 0% Tunisia 31% 4% 51% 7% 7% 0% Uganda 3% 3% 42% 13% 40% 0% Zambia 10% 5% 30% 14% 41% 0% Zimbabwe 2% 5% 40% 15% 38% 0% AVERAGE 7% 5% 38% 15% 35% 0%

Respondents were asked: For each of the following types of people, please tell me whether you would like having people from this group as neighbours, dislike it, or not care: People of a different religion?

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Table A.4: Tolerance for immigrants/foreign workers | 33 countries | 2014/2015

Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Algeria N/A N/A N/A N/A N/A N/A Benin 2% 4% 47% 17% 30% 0% Botswana 8% 7% 45% 17% 23% 0% Burkina Faso 2% 4% 47% 15% 32% Burundi 6% 4% 20% 20% 50% 0% Cameroon 6% 8% 52% 19% 13% 2% Cape Verde 3% 3% 82% 6% 6% 1% Côte d'Ivoire 7% 4% 56% 16% 16% 0% Egypt N/A N/A N/A N/A N/A N/A Gabon 6% 10% 63% 16% 5% Ghana 7% 5% 23% 19% 46% 1% Guinea 9% 4% 9% 18% 60% 0% Kenya 8% 11% 40% 20% 21% 1% Lesotho 32% 11% 27% 9% 21% 1% Liberia 5% 8% 17% 44% 26% 1% Madagascar 13% 20% 40% 17% 10% 0% Malawi 9% 6% 8% 24% 53% 1% Mali 6% 7% 23% 19% 45% Mauritius 10% 24% 59% 6% 1% 1% Morocco 14% 19% 56% 7% 3% 1% Mozambique 13% 13% 35% 16% 19% 5% Namibia 6% 8% 30% 21% 35% 0% Niger 19% 8% 47% 13% 13% 0% Nigeria 11% 11% 32% 27% 17% 2% São Tomé and Principe 8% 3% 66% 13% 9% 1% Senegal 6% 4% 42% 15% 33% 0% Sierra Leone 9% 3% 8% 16% 63% 2% South Africa 16% 16% 40% 13% 14% 0% Sudan N/A N/A N/A N/A N/A N/A Swaziland 5% 13% 58% 20% 5% 0%

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Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Tanzania 12% 12% 25% 21% 29% 1% Togo 3% 4% 22% 23% 48% 1% Tunisia 21% 4% 60% 10% 5% 0% Uganda 10% 11% 41% 19% 19% 1% Zambia 21% 14% 29% 15% 20% 2% Zimbabwe 6% 7% 47% 17% 23% 0% AVERAGE 10% 9% 39% 17% 25% 1% Respondents were asked: For each of the following types of people, please tell me whether you would like having people from this group as neighbours, dislike it, or not care: Immigrants or foreign workers?

Table A.5: Tolerance for people living with HIV/AIDS | 33 countries | 2014/2015

Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Algeria N/A N/A N/A N/A N/A N/A Benin 34% 16% 27% 11% 12% 1% Botswana 2% 2% 48% 17% 31% 0% Burkina Faso 26% 14% 38% 8% 14% 0% Burundi 8% 5% 17% 16% 55% 0% Cameroon 12% 9% 53% 14% 11% 1% Cape Verde 10% 6% 79% 3% 2% 1% Côte d'Ivoire 13% 10% 56% 12% 8% 0% Egypt N/A N/A N/A N/A N/A N/A Gabon 5% 4% 61% 15% 15% 0% Ghana 23% 8% 20% 18% 31% 1% Guinea 62% 7% 8% 7% 16% 0% Kenya 7% 6% 47% 16% 24% 1% Lesotho 10% 5% 39% 12% 33% 1% Liberia 25% 17% 15% 30% 11% 2% Madagascar 49% 28% 18% 4% 0% 0% Malawi 5% 4% 8% 18% 66% 0% Mali 41% 12% 17% 9% 21% 0% Mauritius 22% 24% 50% 3% 1% 1% Morocco 35% 22% 37% 3% 2% 2%

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Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Mozambique 20% 10% 46% 10% 10% 4% Namibia 2% 4% 32% 16% 46% 0% Niger 69% 9% 17% 3% 1% 0% Nigeria 29% 18% 26% 17% 9% 2% São Tomé and Principe 17% 8% 64% 7% 4% 1% Senegal 32% 12% 34% 9% 13% 1% Sierra Leone 62% 11% 8% 5% 9% 4% South Africa 3% 6% 53% 15% 24% 0% Sudan N/A N/A N/A N/A N/A N/A Swaziland 3% 4% 64% 21% 8% 0% Tanzania 8% 5% 34% 18% 34% 1% Togo 19% 10% 22% 20% 30% 0% Tunisia 39% 5% 47% 5% 4% 0% Uganda 9% 8% 51% 14% 18% 0% Zambia 8% 4% 41% 13% 33% 1% Zimbabwe 2% 4% 50% 15% 29% 0% AVERAGE 22% 10% 37% 12% 19% 1%

Respondents were asked: For each of the following types of people, please tell me whether you would like having people from this group as neighbours, dislike it, or not care: People who have HIV/AIDS? Table A.6: Tolerance for homosexuals | 33 countries | 2014/2015

Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Algeria N/A N/A N/A N/A N/A N/A Benin 70% 10% 12% 2% 3% 3% Botswana 46% 10% 25% 8% 9% 1% Burkina Faso 92% 3% 4% 0% 1% 0% Burundi 82% 4% 5% 1% 4% 4% Cameroon 80% 5% 10% 1% 1% 3% Cape Verde 19% 6% 70% 2% 2% 1% Côte d'Ivoire 74% 7% 15% 2% 1% 0% Egypt N/A N/A N/A N/A N/A N/A Gabon 78% 5% 16% 1% 0% 0%

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Strongly Somewhat Would Somewhat Strongly Don’t Country dislike dislike not care like like know

Ghana 81% 8% 5% 3% 4% 1% Guinea 94% 1% 2% 1% 2% 1% Kenya 72% 12% 11% 2% 1% 2% Lesotho 77% 5% 8% 2% 6% 2% Liberia 70% 13% 5% 7% 4% 1% Madagascar 64% 24% 10% 2% 1% 0% Malawi 89% 4% 1% 2% 3% 1% Mali 87% 3% 4% 2% 4% 0% Mauritius 24% 27% 45% 3% 1% 1% Morocco 57% 25% 14% 1% 1% 2% Mozambique 24% 12% 39% 11% 6% 8% Namibia 29% 15% 29% 9% 17% 0% Niger 91% 4% 5% 0% 0% 0% Nigeria 72% 11% 9% 5% 2% 1% São Tomé and Principe 42% 10% 39% 5% 2% 3% Senegal 96% 1% 3% 0% 0% 0% Sierra Leone 87% 3% 2% 1% 4% 4% South Africa 19% 13% 44% 11% 13% 1% Sudan N/A N/A N/A N/A N/A N/A Swaziland 57% 16% 21% 4% 1% 1% Tanzania 70% 7% 11% 5% 4% 2% Togo 86% 3% 5% 2% 3% 1% Tunisia 76% 7% 15% 1% 2% 0% Uganda 90% 5% 3% 1% 1% 0% Zambia 86% 6% 5% 1% 1% 1% Zimbabwe 83% 6% 9% 1% 1% 0% AVERAGE 69% 9% 15% 3% 3% 1%

Respondents were asked: For each of the following types of people, please tell me whether you would like having people from this group as neighbours, dislike it, or not care: Homosexuals?

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Other Round 6 global releases

. Where to start? Aligning sustainable development goals with citizen priorities. Bentley, T., Olapade, M., Wambua, P., & Charron, N. (2015). Afrobarometer Dispatch No. 67. Available at http://afrobarometer.org/sites/default/files/publications/ Dispatches/ab_r6_dispatchno67_african_priorities_en.pdf.

. Building on progress: Infrastructure development still a major challenge in Africa. Mitullah, W. V., Samson, R., Wambua, P. M., & Balongo, S. (2016). Afrobarometer Dispatch No. 69. Available at www.afrobarometer.org/publications/ad69-building- progress-infrastructure-development-still-major-challenge-africa. . Africa’s growth dividend? Lived poverty drops across much of the continent. Mattes, R., Dulani, B., & Gyimah-Boadi, E. (2016). Afrobarometer Policy Paper No. 29. Available at http://www.afrobarometer.org/publications/pp29-africas-growth- dividend-lived-poverty-drops-across-the-continent.

Boniface Dulani is a senior lecturer in the Department of Political and Administrative Studies at the University of Malawi and Afrobarometer’s operations manager for fieldwork (southern and francophone Africa). Email: [email protected]. Gift Sambo is a research associate at the Institute of Public Opinion and Research in Zomba, Malawi. Email: [email protected]. Kim Yi Dionne is Five College Assistant Professor of Government at Smith College, Northampton, Massachusetts, United States. Email: [email protected]. Afrobarometer is produced collaboratively by social scientists from more than 30 African countries. Coordination is provided by the Center for Democratic Development (CDD) in Ghana, the Institute for Justice and Reconciliation (IJR) in South Africa, the Institute for Development Studies (IDS) at the University of Nairobi in Kenya, and the Institute for Empirical Research in Political Economy (IREEP) in Benin. Michigan State University (MSU) and the University of Cape Town (UCT) provide technical support to the network. Core support for Afrobarometer Rounds 5 and 6 has been provided by the UK’s Department for International Development (DFID), the Mo Ibrahim Foundation, the Swedish International Development Cooperation Agency (SIDA), the United States Agency for International Development (USAID), and the World Bank. For more information, please visit www.afrobarometer.org. Follow our Round 6 global releases on social media at #VoicesAfrica. Infographic designed by Soapbox, www.soapbox.co.uk Afrobarometer Dispatch No. 74 | 1 March 2016

Copyright © Afrobarometer 2016 27

TAB 12 Burkina Faso’s Gay Rights Debate: What Role for Foreign Voices?

Robbie Corey-Boulet June 16, 2015

An aide would later say that the whole exchange happened “very quickly.” On the morning of Feb. 23, 2015, Tulinabo S. Mushingi, the American ambassador to Burkina Faso, met with Chérif Sy, who is heading the country’s interim parliament in the run-up to elections following the toppling of President Blaise Compaoré last year. According to news reports, the meeting focused primarily on American support for the political transition. As he left, however, Mushingi disclosed to a gaggle of reporters that he had also sought updates on two proposed pieces of legislation: a revision to the country’s mining code and a draft law that would, for the first time, make homosexuality a crime.

Addressing the anti-gay bill, which had been submitted less than two weeks before by a minor political party, Mushingi took pains to note that the United States does not seek to “impose” its values on other countries. Then he said, “The basic principle is that universally accepted human rights… need to be part of this discussion, regardless of origin, race, religion or sexual orientation.”[i]

Though the line was mere State Department boilerplate, it proved by far the most newsworthy aspect of the ambassador’s remarks, sparking a discussion in the Burkinabé  media on the merits of the bill and whether the U.S. would seek to block its passage.

The comments posted to an article on Lefaso.net, a local news website, captured a range of opinions. Some readers said the issue was not a priority and that gays should be left alone; some encouraged the United States not to meddle in matters of “culture”; and others, as tends to happen when American officials take on this issue, accused Mushingi of “blackmail”— concluding, in the absence of evidence, that the Ambassador sought to make American assistance contingent on a progressive, government-led gay rights agenda in Burkina Faso. Johanna Fernando, the political officer at the U.S. Embassy in Ouagadougou, said the “big lesson” from the fallout was that when U.S. officials raise the subject of homosexuality, people will seize on their words and interpret them however they like.

While the incident did not rise to the level of a major controversy, Mushingi’s decision to comment on the bill rankled one constituency in particular: Burkinabé LGBTI activists. To them, the Ambassador risked drawing unhelpful attention to a proposed measure that, prior to his remarks, had generated little attention. One activist with the Queer African Youth Network (QAYN), an Ouagadougou-based collective of LGBTI organizations working in West and Central Africa, said Mushingi’s approach, and especially the fact that he had not first consulted activists on the ground, represented a harmful example of “American arrogance.”

The day after Mushingi’s meeting with Sy, members of QAYN met at the Embassy with U.S. diplomats to voice their frustration. By most accounts, the meeting was tense. The activists were particularly worried that Mushingi could undermine their efforts to put a stop to the anti-gay law through behind-the-scenes advocacy. Not long after the text of the bill became public, a group of 11 organizations that work with sexual minorities, including QAYN, prepared a 14-page document detailing how the legislation was incompatible with Burkina Faso’s laws and treaty obligations. Instead of inviting a public debate, their strategy was to meet with transition officials capable of influencing the draft law’s progress and privately enumerate its flaws. Brahima[ii], an activist with Association African Solidarité, a public health organization that works with sexual minorities living with HIV/AIDS, said it was essential that, at least in the early stages, this conversation be led by local, not foreign, voices. “Everyone says each time that [homosexuality] is ‘a story of the whites,’” he said. “If voices start coming in from the outside, it will prove they are right.”

This stance is no doubt informed by the failure of global campaigners and foreign governments to derail the passage of anti-gay laws signed last year in Nigeria and Uganda. In those countries, strongly worded public statements from abroad boomeranged, allowing supporters of the law to exploit resentment over foreign interference.

Nevertheless, whether local activists like it or not, outside developments will inevitably be part of the conversation as Burkina Faso revisits its position on sexual minorities. Those in favor of the anti-gay bill, including politicians and religious leaders, point to advances for sexual minorities in Europe and the United States as evidence of why restrictions are needed. A new law, they say, is a necessary response to an increasingly emboldened homosexual menace emanating from the West. Meanwhile, activists trying to shut the bill down receive much of their support from Western donors and are heavily influenced by discourses on alternative sexualities originating outside Africa. Therefore, as much as this debate goes to the question of what comports with local values, it also raises broader questions about Burkina Faso’s relationship to the rest of the world. A “transition toward hell”?  Burkina Faso is one of just eleven countries in sub-Saharan that have never criminalized homosexuality.[iii] Yet Brahima, the activist with Association African Solidarité, drew a sharp distinction between his country and places like Cote d’Ivoire, where the freewheeling nightlife of the economic capital, Abidjan, allows gay bars and drag shows to flourish. Despite the absence of legal sanctions in Burkina Faso, Brahima said many people in his country view homosexuality as “a sickness” or “a curse” and even believe gay people “need to be killed.”

Several incidents in the past few years have highlighted this hostility, delivering a clear message that gay people are unwelcome even though the country has refrained from formally taking action against them. In 2013, the imam at the Grande Mosquée in Ouagadougou used his sermon marking Eid Al-Adha, or Tabaski, one of the biggest Muslim holidays of the year, to stress that homosexuality, and gay marriage in particular, was against the country’s values. “Men who marry men, just like women who marry women under the pretext that it’s the law, we do not agree,” said the imam, Aboubacar Sana. “The Muslim community does not agree and will never agree.”[iv]

The previous year, a case of anti-gay harassment caught the attention of the U.S. government. According to the State Department’s Human Rights Report for 2012, on March 18 of that year, hundreds of people from the Ouagadougou neighbourhood of Wemtenga “demonstrated to demand the departure of a gay couple within seven days,” claiming “the couple set a bad example for neighborhood children.” After two weeks, the couple left, and “no legal action was taken against the perpetrators.”

Thomas, an events planner in his 20s who lives in Ouagadougou, was friends with the couple — a Belgian man in his 40s and a Burkinabé man closer to Thomas’s age — and remembers the incident well. Residents of the neighborhood became alarmed, Thomas said, after the couple hosted a gay-friendly party attended by men dressed in drag. Two weeks later, while the Belgian was on vacation in Europe, a group of young people staged a demonstration outside the couple’s home that, in Thomas’s telling, was even more hostile than reported by the State Department. Some young men brandished machetes in a clear attempt at intimidation, and they also called local media outlets over to cover the spectacle, making it impossible for the couple to stay in Wemtenga.

Thomas described “L’Affaire Wemtenga” as the worst incident of anti-gay discrimination he’s witnessed. But both Thomas and Brahima said more dramatic incidents of mob violence — resulting in injury and death — were possible. Some may even have occurred already, Brahima said, noting that families would likely have declined to report them because of the stigma associated with homosexuality. For this reason, Thomas largely avoids the gay milieu. There is just one bar in Ouagadougou that is considered somewhat gay-friendly, but he says even that is too dangerous, as straight men are known to react violently if gay men try to flirt with them. “You need to be discreet,” he said.

Thomas, Brahima and other Burkinabé activists expressed concern about what will happen now that the democratic space has opened up for the first time in decades. While ex-President Compaoré, who clung to power for 27 years before last year’s uprising, had no apparent interest in targeting sexual minorities, there is no guarantee the new authorities will be as permissive. One activist based in Bobo-Dioulasso, Burkina Faso’s second city, captured the general wariness of the current period when he told me, “It’s a transition toward hell, but I remain positive.” The anti-gay bill’s origins  So far, the only tangible expression of anti-gay sentiment since Compaoré’s fall has been the draft anti-gay law, which was submitted on February 11 by the Party for National Renaissance, known by its French acronym, PAREN. The document is a curious one. In addition to “sexual relations with someone of the same sex,” it also criminalizes bestiality, pedophilia and same-sex marriage. (As local LGBTI activists have pointed out, both pedophilia and same-sex marriage are already criminalized under Burkinabé law.) The bill neglects to spell out penalties for any of these crimes, saying that a state decree could decide on those at some later date.

Perhaps the most revealing aspect of the bill comes in the introductory “explanatory statement.” These few paragraphs highlight the extent to which PAREN’s leaders see themselves as engaged in a clash of cultures. They cast themselves as defenders of “traditional society,” which values “cohesion and solidarity,” taking a stand against the imperialistic West, which they say has become dangerously extremist in its embrace of individual liberty. “This conception of individual freedom carries with it monstrous errors,” the bill reads. “It ignores that human reason can be incompetent and that human conscience can be misguided by birth, taste and destination.” The proof can be found in Western societies themselves, which, the bill says, have turned homosexuality into a human right. “The patient claims his sickness as a freedom!” the bill reads.

PAREN was founded by Laurent Bado, a respected Burkinabé intellectual notorious among the country’s LGBTI community for his strong anti-gay views. By the time of Compaoré’s ouster last year, the party had no elected lawmakers, and party leaders say its current supporters total no more than 30,000 (Burkina Faso’s population is around 17 million).

The current head of the party is Tahirou Barry, who works in human resources at a gold mine five kilometers outside Ouagadougou. Though less prominent than Bado, last year the State Department selected him to participate in the International Visitor Leadership Program, the department’s “premier professional exchange program” which allows “current and emerging foreign leaders” to travel to the U.S. and “cultivate lasting relationships with their American counterparts.”

 Tahirou Barry, the head of a Burkinabé political party that has submitted a draft law banning homosexuality.

When Barry and I met in a public garden across from Ouagadougou’s City Hall, he reflected fondly on his visit to the U.S., which he said lasted three weeks and took him to Washington, D.C., New Orleans and Seattle. He met several gay people during his stay, including a professor in New Orleans. “It didn’t bother me to discuss with them,” he said. “I discussed. We exchanged. I respect their state, and I respect their rights.”

However, these meetings did not alter his view that homosexuality must be eradicated in Burkina Faso. “It is different from our practices,” he said. “It’s their practice, it’s their right, but in our country it’s not the same.” Nor was his position affected by Ambassador Mushingi’s recent remarks. “According to me, that’s just his view that he gave,” Barry said of Mushingi. “It’s not an injunction. It’s not an order that he gave. It’s his view that he expressed. We respect his point of view… There is a right to difference. His point of view is different from our point view, and that’s democratic debate.”

PAREN’s point of view, he said, is that Burkina Faso is a “fragile” country with values that need to be preserved. He said recent government surveys conducted by officials engaged in the fight against HIV/AIDS showed there were already thousands of homosexuals — or at least people engaging in same-sex sexual acts — in the country. Moreover, he said, Burkina Faso is threatened by the large number of foreigners that visit for cultural festivals (Fespaco, a pan-African film festival, is one of the region’s biggest cultural draws). “We have a lot of foreigners, and when it’s like that, there is an openness,” Barry said. “But we need to make sure that a certain number of exterior practices will not be imposed because of these activities. We need to protect our values. When I say protect our values it’s because in our society homosexuality is forbidden.”

Though most people are preoccupied with badly needed economic reforms, Barry said the fight against homosexuality should be a national priority, as the country will go nowhere if its citizens lose touch with their culture. “If we renounce our values,” he said, “we’ll be in a situation of trauma.”

It is on this point that Barry and PAREN’s other leaders seem to diverge from the majority of their compatriots. There is little evidence that the average Burkinabé views homosexuality as a top issue for the country, especially in the midst of an unprecedented transition that could, if managed properly, herald a new era of opportunity after decades of corruption and misrule on the part of the ruling elite. Even LGBTI activists who described the population as homophobic said ordinary people need to be provoked in order for that homophobia to manifest itself.

Serge Bambara, aka Smockey the rapper, a leader of Balai Citoyen, the grassroots movement that proved instrumental in organizing the protests that led to Compaoré’s ouster, said most people simply don’t have the luxury of obsessing over social issues the way some politicians do. “It’s a subject that sparks a debate, and because it sparks a debate certain people sometimes use it to create a buzz that helps them advance,” Bambara told me. “But honestly, homosexuality, pedophilia, zoophilia… sincerely, these are the last worries of Burkinabé society, which is in need, simply, of self-sufficiency in food, roads, electricity, water, etc. We  have real priorities.”

At one point during our interview, which took place at Bambara’s Ouagadougou studio, the power went out in the neighborhood, cutting short a recording session. Bambara used the moment to drive home his point. “How can we talk about homosexuality when there is no power?” he said, laughing. “If people really want to get rid of homosexuality, they should provide power, because you can get away with anything in the dark.”

“It’s God who knows everything”

Shortly after submitting the anti-gay bill to the National Transition Council, PAREN’s leaders quickly identified their most important allies as they tried to drum up popular support: the country’s Muslim leadership.

In early March, Muslim leaders in Bobo-Dioulasso convened a meeting of representatives from the country’s western provinces. The purpose was to clarify the Muslim community’s position on homosexuality in general and PAREN’s bill in particular, and to encourage Muslim leaders to promote that position in their prayers and sermons, said El Hadj Mahama Sanou, a top Muslim official in the west of the country. In the conference room of the main mosque in Bobo-Dioulasso — which was decorated with a banner that read, “In the name of morality and common sense, no to homosexuality, yes to its ban in Burkina Faso” — speakers laid out in stark terms the troubles that would befall Burkina Faso if it didn’t outlaw same-sex sexual acts. At a press conference, El Hadj Amadou Sanogo, vice president of the Coordination of Islamic Associations in the West, said homosexuality was the source of diseases including AIDS and Ebola.[v]

El Hadj Mahama Sanou, an imam who has coordinated Muslim leaders’ support of Burkina Faso’s proposed anti-gay law. Sanou said that ever since this meeting, imams throughout western Burkina Faso had raised  the issue of homosexuality in their Friday sermons, something that several Bobo-Dioulasso residents confirmed. He added that he believed the message appealed to all Burkinabé, regardless of religion, contending that all faiths explicitly condemn homosexuality. “God created man and woman for what purpose?” he asked rhetorically during our interview. “And it’s God who knows everything!” Like PAREN’s leaders, Sanou described the country as fragile. The Compaoré regime, he told me, had been guilty for years of accepting bribes from Western supporters of gay rights who urged the ex-president not to criminalize homosexuality. He claimed there was even a free telephone hotline that offered information to residents of Bobo-Dioulasso who were “interested in becoming a homosexual,” though he said those who financed and operated the hotline kept their identities closely guarded.

During the political transition, he said, American and French politicians looking to bolster their pro-LGBTI credentials would likely take advantage of Burkina Faso’s poverty to push for further gains. “We know that when we are in need, you people come with things, but you also come with conditions,” he said. “And we will be obligated to accept those conditions without thinking about the consequences.”

For this reason, Sanou said Muslim leaders hope the National Transition Council will take up PAREN’s bill before the October elections. If not, he said they will push for its passage under the new government, and will only endorse political parties that support it. Thanks to PAREN, which he said was the first party to muster the “courage” to raise the issue of homosexuality at the political level, “Nothing will be like it was before.”

Sanou also said that dealing with the problem of homosexuality with legislation would be more humane than if religious leaders tried to deal with it themselves. After all, he said, the Quran teaches that homosexuals should be marched to the top of the highest building in sight and thrown off. “That’s the justice of God,” Sanou said. “He created us, and he is more just than anyone.”

Instead of resorting to this form of punishment, Sanou said Muslim leaders would give space for government officials to act. “God said, ‘Listen to your officials, respect the recommendations of your officials,’” he said. “So we are listening to them. We are waiting to see.”

“A natural humility”

Even though no official action has been taken on PAREN’s bill, the rhetoric it has inspired has the potential to put individuals at risk. An 18-year-old boy named Didier, a high school student in Bobo-Dioulasso, has already had his life uprooted, and he blames the virulent anti- gay messaging pouring out of the country’s mosques.

One morning in March, Didier’s uncle, who raised him, knocked on his bedroom door before dawn and told him to leave the house. His uncle silently watched as Didier packed his things into a suitcase, then hailed one of the first taxis to drive by that morning.

Though his uncle gave no reason for kicking him out, Didier immediately assumed the problem stemmed from his homosexuality — an assumption that his grandmother, who lives in the same house, later confirmed. Didier has known he was gay since he was a child, and while he tried to suppress his more effeminate mannerisms when he was at home, he often had friends over who were less careful, and who probably fueled his uncle’s suspicions. These suspicions, combined with the increasingly clear directives from Muslim leaders that gays are unwelcome in the country, likely motivated his uncle to take action. “I think it’s maybe because they’ve been speaking about that at the mosque. He’s very religious,” Didier said.  “Because he is Muslim, a homosexual cannot be permitted to stay in his home.”

Didier soon ended up at the headquarters of Alternative Burkina, an LGBTI group formed in 2012. At the time of my visit, he had been there for three weeks, sleeping alone in the headquarters’ sparsely furnished guestroom. He was unsure what his next step might be — or how he would come up with the money for school fees so he could finish high school.

Unlike Burkina Faso’s other LGBTI groups, Alternative aims to focus on human rights in addition to public health, meaning its leaders are as interested in engaging with the politics of alternative sexualities as they are in promoting measures to prevent HIV/AIDS. At a recent meeting, a member who had recently attended a training in Ouagadougou reported back about some of the concepts and terms he had learned, including the word “queer,” which he pronounced like “skewer” without the “s.” “They’ve developed a new term that is very interesting,” he said, before explaining its definition. “This is the new trend in the United States.”

Yet Thierry, Alternative’s president, said the organization was most urgently in need of resources to support emergency cases like Didier, who often lack money even to feed themselves, let alone get their lives back on track. Thierry was one of several activists who expressed concern that PAREN’s proposed anti-gay law was an indication that the situation for gay people in Burkina Faso could soon deteriorate further. “I don’t think it will pass, but the fact that they even have the courage to introduce it is maybe a sign of things to come,” he said. “You can’t take it lightly.”

Like the QAYN activists in Ouagadougou, Thierry said Ambassador Mushingi’s comments were not the best example of a helpful intervention from outsiders. “It’s a bit ambiguous to have foreigners speaking about this,” he said. “It comforts people who think that [homosexuality] is something imposed, that comes from the outside.”

But not everyone at Alternative was equally critical. Sula, another activist, noted that Mushingi’s statement had received a lot of attention in Bobo-Dioulasso, and said many people — including both supporters and opponents of the law — believed American opposition would doom it. “For me, it’s the result that counts,” Sula said. “It’s the result that is the most important. And so, if it gives a good result and voilà, the law doesn’t pass, that’s super.”

He agreed, though, that if the overall goal was to foster tolerance among the general public, a softer approach was needed. “Burkinabé, in their mentality, they have a natural humility. When people have a natural humility, they don’t like when you impose anything at all,” he said. “They want to collaborate. The Burkinabé, generally, they like when you discuss with them, when you explain, when you help people understand. If you try to impose something on a Burkinabé, it won’t work.”

[i] Appui aux autorités de la transition: L’Ambassadeur des Etats-Unis en parle avec le président du CNT. Lefaso.net. Feb. 23, 2015.

Accessed: http://www.lefaso.net/spip.php?article63382

[ii] Note: Names of Burkinabé activists have been changed to protect identities.

[iii] “Making Love a Crime.” Amnesty International. June 24, 2013.

[iv] Prière de l’Aïd El-Fitr: L’imam de Ouagadougou fustige l’homosexualité. Fasopress.net. Aug. 9, 2013. Accessed:

http://www.fasopresse.net/societe/2498-priere-de-laid-el-fitr-limam-de-ouagadougou-fustige-lhomosexualite

[v] Homosexualité: le niet des musulmans de Bobo-Dioulasso. Aouaga.net. March 10, 2015. Accessed:

http://news.aouaga.com/h/46921.html.

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TAB 13

REPORT: THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA July 2014

As the largest civil rights organization working to American ideals. Universal values. achieve equality for lesbian, gay, bisexual and On human rights, the United States must be a beacon. transgender individuals, the Human Rights Campaign Activists fighting for freedom around the globe represents a force of more than 1.5 million members continue to look to us for inspiration and count on us and supporters nationwide — all committed to making for support. Upholding human rights is not only a HRC's vision a reality. moral obligation; it’s a vital national interest. America The Human Rights Campaign Foundation, the is strongest when our policies and actions match our educational arm of the Human Rights Campaign, values. improves the lives of lesbian, gay, bisexual and Human Rights First is an independent advocacy and transgender (LGBT) people by working to increase action organization that challenges America to live up understanding and encourage the adoption of LGBT- to its ideals. We believe American leadership is inclusive policies and practices. essential in the struggle for human rights so we press We build support for LGBT people among families and the U.S. government and private companies to respect friends, co-workers and employers, pastors and human rights and the rule of law. When they don’t, we parishioners, doctors and teachers, neighbors, and the step in to demand reform, accountability and justice. general public. Through the programs and projects of Around the world, we work where we can best harness the HRC Foundation, we are enhancing the lived American influence to secure core freedoms. experiences of LGBT people and their families, as we We know that it is not enough to expose and protest change hearts and minds across America and around injustice, so we create the political environment and the globe. policy solutions necessary to ensure consistent HRC GLOBAL strengthens the global equality respect for human rights. Whether we are protecting movement though public education, advocacy, refugees, combating torture, or defending persecuted fellowships, partnerships, and research. minorities, we focus not on making a point, but on making a difference. For over 30 years, we’ve built The HRC Foundation is a nonprofit, tax-exempt bipartisan coalitions and teamed up with frontline 501(c)(3) organization. activists and lawyers to tackle issues that demand American leadership.

Human Rights First is a nonprofit, nonpartisan international human rights organization based in New

York and Washington D.C. To maintain our independence, we accept no government funding.

© 2014 Human Rights Campaign Foundation and Human Rights First. All Rights Reserved.

This report is available online at hrc.org/foundation and humanrightsfirst.org.

TABLE OF CONTENTS

1. Executive Summary ...... 5 2. Legislative Overviews ...... 6 Algeria ...... 6 Angola ...... 6 Benin ...... 6 Botswana ...... 6 Burkina Faso ...... 6 Burundi ...... 7 Cameroon ...... 7 Cape Verde ...... 7 Central African Republic ...... 7 Chad ...... 7 Comoros ...... 7 Cote d’Ivoire ...... 8 Domocratic Republic of the Congo ...... 8 Djibouti ...... 8 Egypt ...... 8 Equatorial Guinea ...... 8 Eritrea ...... 9 Ethiopia ...... 9 Gabon ...... 9 Gambia ...... 9 Ghana ...... 9 Guinea ...... 9 Guinea-Bissau...... 10 Kenya ...... 10 Lesotho...... 10 Liberia ...... 10 Libya ...... 10 Madagascar ...... 11

Malawi ...... 11 Mali ...... 11 Mauritania ...... 11 Mauritius ...... 11 Morocco...... 12 Mozambique ...... 12 Namibia ...... 12 Niger ...... 12 Nigeria ...... 12 Republic of the Congo ...... 13 Rwanda ...... 13 Sao Tome and Principe ...... 13 Senegal ...... 13 Seychelles ...... 13 Sierra Leone ...... 14 Somalia ...... 14 South Africa ...... 14 South Sudan ...... 14 Sudan ...... 14 Swaziland ...... 15 Tanzania ...... 15 Togo ...... 15 Tunisia ...... 15 Uganda ...... 16 Zambia ...... 16 Zimbabwe ...... 16 3. African Voices for Equality ...... 17 African Commission on Human and Peoples Rights Resolution ...... 17 Voices for Equality ...... 18 4. For More Information ...... 21

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 5

Executive Summary

Nearly 50 African heads of state have been invited to gather in Washington, D.C. on August 4-6 for President Barack Obama’s historic U.S.-Africa Leaders Summit. Announced by the White House as the “largest single engagement by any U.S. President with Africa”, the summit will provide Obama Administration officials with a once-in-a-generation opportunity to directly engage these African leaders and their delegations on a number of critical issues. We believe that the protection and preservation of the basic human rights of lesbian, gay, bisexual, and transgender (LGBT) Africans should be one of the many important areas of discussion. Millions of LGBT people throughout Africa face the threat of harassment, discrimination, prosecution, and violence on a daily basis, and others remain vulnerable to increasingly dangerous and concerted efforts to stoke state-sponsored homophobia and transphobia. This joint report by the Human Rights Campaign Foundation and Human Rights First surveys 54 African nations and provides a brief overview of: existing anti-LGBT laws and efforts to enact new measures; publicly known instances of discrimination and violence; the presence and activity of LGBT rights organizations; and encouraging signs of support for LGBT people. The information within was drawn from press reports, the text of legislation, the U.S. State Department’s annual human rights reports as well as the 2014 State-Sponsored Homophobia Report of ILGA (the International Lesbian, Gay, Bisexual, Trans and Intersex Association), authored by Lucas Paoli Itaborahy and Zhingshu Zhu and edited by Aengus Carroll. Although limited progress is being made in some nations, the situation for LGBT Africans in many others remains dire and is growing increasingly perilous. Key Findings:  37 African nations criminalize same-sex relationships  4 African nations allow for the death penalty against LGBT people in all or some of the country  2 African nations, Nigeria and Uganda, have implemented new laws in the last 12 months  2 African nations have laws against LGBT “propaganda”  1 African nation grants full marriage equality and constitutional discrimination protection to its LGBT citizens President Obama declared in 2011 that the “struggle to end discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons is a global challenge, and one that is central to the United States commitment to promoting human rights.” Both Secretary of State John Kerry and former Secretary Hillary Rodham Clinton have affirmed this commitment, and the Obama Administration has taken tangible, concrete steps to advance the cause of achieving full LGBT equality abroad. Africa is not simply waiting for assistance from outside forces. People on the ground throughout the continent are taking bold stances in support of human rights and equality for all. Activists are providing direct assistance to LGBT people, bringing cases of rights violations to court, growing public acceptance within their countries and demanding political change. This includes leaders of civil society as well as elected and appointed leaders; this report also aims to highlight some of those voices.

HUMAN RIGHTS CAMPAIGN AND HUMAN RIGHTS FIRST THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 6

Legal Landscape

1. Algeria but the LGBT community remained largely disorganized and hidden.” Legal Status: Criminalized Homosexuality is illegal in Algeria, and those found guilty face up to two years in prison. Despite the 4. Botswana societal and legal sanctions, there is a small but active Legal Status: Criminalized LGBT community in Algeria with organizations, publications and an online presence. Some LGBT In Botswana, it is a crime to commit “carnal knowledge Algerians find themselves in “Rainbow Marriages” – of any person against the order of nature.” Those marriage between a gay man and a lesbian to bring an found guilty are subject to up to five years in prison. end to family pressure to marry and pursue same-sex Botswanan activist and writer Katlego K Kol-Kes relationships if they so choose.1 reported that 2013 saw a surge in anti-LGBT sentiment in the country4 and political and religious leaders

publicly opposed LGBT rights calling them “demonic” 5 2. Angola and “unacceptable.” In June 2014 Botswana backed a call by the African Union’s highest human rights body Legal Status: Criminalized to protect the human rights of LGBT people – though it did not commit to repealing its own laws criminalizing The Angolan Penal Code provides for criminal same-sex relationships.6 penalties for people who “habitually practice acts against nature,” however there are no records of any convictions under this statute.2 The country has a small LGBT community which struggles against societal discrimination. One of Angola’s most famous musicians is a trans woman named Titica. Although Titica has been embraced by the Kuduro music scene, she also faces prejudice and violent attacks.3 5. Burkina Faso

Legal Status: Not Criminalized 3. Benin According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association, same-sex sexual Legal Status: Not Criminalized activity has never been criminalized in Burkina Faso. Little has been reported about the situation for LGBT However, LGBT people in Burkina Faso often report citizens in Benin. There is no law criminalizing being stigmatized, rejected or forced to hide their homosexuality in the tiny kingdom. In its most recent identity. LGBT organizations exist, but have no legal human rights report on Benin, the U.S. State status and the government often turns a blind eye to Department reported that “a growing number of violence and discrimination against LGBT people. citizens have openly declared gay sexual orientations, Religious leaders have added fuel to the fire with Burkina Faso’s Catholic archbishop recently

1 France 24, 10/11/13 4 Katlego K Kol-Kes, Washington Blade, 3/4/14 2 BBC, 4/12/12 5 Agence France Presse, 3/16/11 3 Ibid 6 Gay Star News, 6/17/14

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 7 proclaiming that same-sex marriage would constitute Homosexuality was decriminalized in Cape Verde in an “assault on the family” in Africa.7 2004. Although little information is publicly available about day to day life for LGBT people in Cape Verde, 6. Burundi the archipelago nation celebrated its first ever pride march in 2013.12 Legal Status: Criminalized

Homosexuality is punishable by up to two years in prison in Burundi. This law has only been in place 9. Central African Republic since 2009 and was perceived as the government striking back at a burgeoning LGBT rights movement in Legal Status: Criminalized 8 the country. Although the U.S. State Department Homosexuality is punishable with up to two years in reports that there is at least one active LGBT prison in the Central African Republic. According to organization in Burundi, LGBT leaders are afraid to use the U.S. State Department, “societal discrimination their real names in media stories and groups operate against LGBT persons is entrenched” in the CAR and 9 without the approval of the government. there are no known organizations working on behalf of LGBT rights.

7. Cameroon

Legal Status: Criminalized 10. Chad

Cameroon arrests more people on the basis of their Legal Status: Not Criminalized sexual orientation than any other country in the world. According to the International Lesbian, Gay, Bisexual, The U.S. State Department estimates that as many as Trans and Intersex Association, homosexuality has 200 people may be imprisoned in Cameroon on never been criminalized in Chad. However, in 2013 homosexuality charges, and the punishment can be up two men were arrested for indecent exposure for to five years in prison. Eighty-four percent of dancing in a bar and the bar was ordered to close for Cameroonians believe their country is “not a good two years. The U.S. State Department reports that place” for LGBT people to live and human rights there are no active LGBT organizations in Chad. organizations are often subject to violent attacks.10 In the last year alone there have been several arrests, 11. Comoros convictions, and imprisonment of LGBT Cameroonians, and the torture and murder of Legal Status: Criminalized prominent LGBT activist Eric Lembembe in July An “improper or unnatural act with a person of the 11 2013. same-sex” is punishable by up to five years in prison in Comoros. There were at least three prosecutions under this law between 2012 and 2013 in the island 8. Cape Verde nation. According to the U.S. State Department, there are no LGBT organizations in Comoros. Legal Status: Not Criminalized

7 429 Magazine, 2/12/13 12. Cote d’Ivoire 8 Human Rights Watch, 7/30/09 Legal Status: Not Criminalized 9 Daily Xtra, 10/25/11

10 The Nation, 3/4/14 11 Associated Press, 2/17/14; The Guardian, 7/18/13 12 CV Lifestyle, 7/1/13

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 8

There are no criminal penalties for same-sex Department reported no active LGBT organizations in relationships in Cote D’Ivoire, but LGBT citizens still the country and no reported incidences of anti-LGBT face widespread violence and societal discrimination. violence in 2013. In January 2014, hundreds of rioters attacked Cote D’Ivoire’s most prominent LGBT rights organization and the repeated attacks have sent some aid workers 15. Egypt into hiding.13 Politicians often use extreme anti-LGBT rhetoric, with the Minister of Public Service claiming Legal Status: Criminalized that same-sex marriage would “mark the end of the Same-sex relationships are not explicitly illegal in 14 world.” Despite this, Cote D’Ivoire is considered by Egypt, however, authorities are able to use other laws some to be a safe haven for LGBT people fleeing to arrest and harass LGBT people. LGBT Egyptians persecution elsewhere on the continent. As one face intense societal stigma and discrimination; 95 Ivoirian transgender woman put it, “It’s no paradise percent of Egyptians believe that homosexuality is 15 here, but it’s a lot better than in other countries.” “morally unacceptable,” according to a recent Pew 18 survey. Activists have reported that there has been a growing crackdown on LGBT Egyptians since the 13. Democratic Republic of the revolution that deposed Hosni Mubarek with more than Congo 75 LGBT people being arrested since November 2011.19 These arrests have led to convictions; for Legal Status: Not Criminalized example, four men were sentenced to eight years in According to the International Lesbian, Gay, Bisexual, prison on charges of holding “deviant” sex parties in 20 Trans and Intersex Association, homosexuality has April 2014. never been criminalized in the Democratic Republic of Congo. Despite this, there have been repeated efforts by a member of the National Assembly to introduce 16. Equatorial Guinea criminalization legislation to “preserve African Legal Status: Not Criminalized values.”16 Such efforts failed in 2009, 2010 and 2013.17 The U.S. State Department reports that LGBT There are no laws criminalizing same-sex relationships people in the DRC face societal disapproval and in Equatorial Guinea. However, the U.S. State harassment, but that the Ministry of Health has worked Department reports that LGBT people in Equatorial with the country’s LGBT groups to reduce stigma. Guinea still face societal stigma and discrimination and there are no active LGBT organizations in the country.

14. Djibouti 17. Eritrea Legal Status: Not Criminalized Legal Status: Criminalized According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association, homosexuality has Homosexuality is punishable with imprisonment in never been criminalized in the Djibouti. The U.S. State Eritrea, although the U.S. State Department reports that the law is not enforced. Widespread societal 13 Associated Press, 1/27/14; Mamba Online, 4/4/14 stigma still exists and there are no active LGBT 14 LGBTQ Nation, 7/12/13 15 Agence France Presse, 2/10/14 18 Pew Research Global Attitudes Project, 2014 16 Gay Star News, 12/17/13 19 Gay Star News, 5/19/14 17 Think Africa Press, 3/11/14 20 BBC, 4/8/14

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 9 organizations. In 2013, an Italian teacher working in LGBT asylum seekers26 and referred to homosexuality Eritrea was reportedly deported for being gay.21 as “more deadly than all natural disasters put 27 together.” In 2012, 20 people were charged with “unnatural offenses” for organizing an “indecent” 18. Ethiopia dance. Although the group was eventually acquitted, many were forced to flee the country after being Legal Status: Criminalized released.28 Same-sex relationships are punishable by imprisonment in Ethiopia, and a 2007 poll found that 97 percent of the Ethiopian public agreed that 21. Ghana homosexuality should be outlawed.22 There are no Legal Status: Criminalized charities, health clinics or advocacy organizations serving the LGBT community in Ethiopia and many Same-sex relationships are a misdemeanor punishable LGBT activists have been forced to flee the country. In by up to three years in prison in Ghana. According to a 2014, plans were announced to pass new legislation recent Pew survey, 98 percent of Ghanaians feel that making homosexuality an “unpardonable offense.”23 homosexuality is “morally unacceptable,” the highest Although these plans were later scrapped, Ethiopia percentage of any country surveyed.29 Anti-LGBT remains very hostile to its LGBT citizens, with one rhetoric is rampant from prominent Ghanaian government official proclaiming in 2012 that the politicians and LGBT citizens face societal country would be “the graveyard of homosexuality.”24 discrimination and the threat of violent attack. 19. Gabon 22. Guinea

Legal Status: Not Criminalized Legal Status: Criminalized

Although the International Lesbian, Gay, Bisexual, Homosexuality is punishable with up to three years in Trans and Intersex Association reports that prison in Guinea. Although there have been no known homosexuality has never been criminalized in Gabon, prosecutions under this statute, the country established societal discrimination is widespread. In January 2014, a morality police unit in 2012. The U.S. State six men were arrested for participating in a same-sex Department reports that there are no active LGBT wedding ceremony, but were later released.25 organizations in Guinea.

20. Gambia 23. Guinea-Bissau

Legal Status: Criminalized Legal Status: Not Criminalized

Homosexuality is punishable by up to 14 years in Homosexuality is not criminalized in Guinea-Bissau. prison in Gambia. The country’s president, Yahya The U.S. State Department has recorded no cases of Jammeh, is rabidly anti-gay and has threatened to kill human rights violations against LGBT people in Guinea-Bissau in the last year and describes the

21 Gay Star News, 5/13/13 22 Newsweek, 12/13/13 26 Agence de Presse Africaine, 5/8/15 23 Associated Press, 10/16/14 27 Huffington Post, 9/28/13 24 Gay Star News, 6/13/12 28 Associated Press, 10/24/13 25 Associated Press, 1/12/14 29 Pew Research Global Attitudes Project, 2014

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 10 country as “relatively tolerant of consensual same-sex conduct.” 26. Liberia Legal Status: Criminalized 24. Kenya “Voluntary sodomy” is a misdemeanor punishable by Legal Status: Criminalized up to one year in prison in Liberia. The U.S. State Department reports that societal discrimination and Same-sex relationships are punishable with up to 14 harassment of LGBT citizens is widespread. In 2012, years in prison in Kenya. According to a recent Pew Liberia’s Nobel Peace Prize winning President, Ellen poll, 88 percent of Kenyans feel that homosexuality is Johnson Sirleaf, defended her country’s laws “morally unacceptable.”30 Since the passage of the criminalizing same-sex relationships and pledged not Ugandan anti-homosexuality law in 2014, LGBT to sign any bill allowing same-sex marriage or gay Kenyans have been fearful that similar legislation could rights.36 be introduced in their country;31 members of parliament have formed a caucus to fight homosexuality and to assess why the attorney general has not engaged in more aggressive prosecutions under the existing 27. Libya 32 criminalization statute. Although there are active Legal Status: Criminalized LGBT organizations in the country, they often face harassment by the police and the government. Kenya Homosexuality is punishable with up to five years in is also a magnet for LGBT refugees from across the prison in Libya. After dictator Muammar Gadaffi was region, although many face further violence and toppled in 2012, militia groups have targeted LGBT 37 stigmatization when they arrive.33 Libyans for arrest, blackmail and attack. 28. Madagascar 25. Lesotho Legal Status: Not Criminalized

Legal Status: Criminalized According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association, homosexuality has Same-sex relationships between men are prohibited as never been criminalized in Madagascar. However, the a common law offense in Lesotho. Although Lesotho age of consent for same-sex sexual activity is 21 and has one of the highest HIV infection rates in the world, the U.S. State Department reports that arrests and LGBT patients are often excluded from treatment34 and extortion attempts are frequently made for “corrupting a the U.S. State Department reports that LGBT minor.” Restrictions on LGBT citizens have increased Lesothans face “societal discrimination and official since a 2009 coup and LGBT groups and gatherings insensitivity to this discrimination.” Despite this, there have been shut down by government officials and is one active LGBT organization in the country and in attacked by police. 2013 the country held its first pride march.35

30 Pew Research Global Attitudes Project, 2014 29. Malawi 31 Buzzfeed, 3/3/14 32 Daily Nation, 2/18/14 Legal Status: Criminalized

33 Al Jazeera, 5/19/13 34 Open Society Initiative for Southern Africa, 5/31/13 36 BBC, 3/18/12 35 Ibid 37 Pink News, 2/12/12

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 11

Consensual same-sex relations are punishable with up Mauritanian has been granted asylum in the U.S. to 14 years in prison in Malawi. In July 2014, the because he feared for his life at home. Solicitor General of Malawi told the UN that enforcement of the anti-sodomy law was suspended while the country’s Law Commission prepared to 32. Mauritius review its constitutionality.38 In 2009, two men were sentenced to 14 years in prison after being convicted Legal Status: Criminalized of gross indecency and unnatural acts. After an Homosexuality is punishable with up to five years in international outcry, they were pardoned by President prison in Mauritius, however the law is rarely enforced. 39 Bingu wa Mutharika. Despite the criminalization of same-sex relationships, Mauritius is one of the few African nations to explicitly protect its citizens from employment discrimination on 30. Mali the basis of sexual orientation.42 Mauritius has at least one active LGBT organization and held its first pride Legal Status: Not Criminalized march in 2006.43 According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association, homosexuality has never been criminalized in Mali. However, the State Department reports that LGBT Malians face “physical, psychological and sexual violence.” In September 2013, more than 200 LGBT people were forced from their homes in a wave of mob violence and in February of that year, Islamic rebels threatened to execute two 40 men for being gay. There are no active LGBT 33. Morocco organizations in Mali. Legal Status: Criminalized

Homosexuality is punishable by up to three years in 31. Mauritania prison in Morocco, and the law is regularly enforced. In May 2013, five men were imprisoned for homosexuality Legal Status: Criminalized. Punishable by the death and public indecency.44 Most recently, another six penalty. men were convicted of “deviant acts” in May 2014.45 Homosexuality is a criminal offense punishable by There is at least one unofficially recognized LGBT death by public stoning in Mauritania. While the U.S. organization in Morocco. The country’s anti-LGBT State Department reports that there were no known policies have affected the tourist industry as well, and prosecutions under the anti-homosexuality law in 2013, in 2012 a gay cruise ship was refused permission to the Mauritanian government often fails to report the dock in Casablanca.46 execution of LGBT people.41 There are no active

LGBT organizations in Mauritania and at least one gay

42 Mauritius Equal Opportunities Act 2008 38 Nyasa Times, 7/11/14 43 Agence France Presse, 5/23/06 39 BBC, 5/29/10 44 Associated Press, 5/21/13 40 Gay Star News, 2/4/13 45 Al Jazeera, 5/15/14 41 Columbia Law School Sexuality and Gender Law Clinic Press Release, 10/25/11 46 Reuters, 7/2/12

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 12

34. Mozambique Legal Status: Criminalized 37. Nigeria

The penal code of Mozambique calls for the imposition Legal Status: Criminalized. Punishable by the death of security measures on those who habitually practice penalty in some states. acts against nature. This may include punishment with up to three years in a workhouse. However, in 2011, Homosexuality has been criminalized in Nigeria since the Mozambican Justice Minister told the UN Human the British colonial era and some northern Nigerian Rights Commission that homosexuality is not illegal in states have adopted a Sharia law code that includes Mozambique.47 There is one unofficially recognized the death penalty for same-sex relations. In January LGBT organization in Mozambique and in 2014, the 2014, President Goodluck Jonathan enacted new former president of the country, Joaquim Chissano, legislation that further criminalizes same-sex made headlines by publicly calling for LGBT equality in relationships and created obstacles to LGBT 52 Africa.48 advocacy. Within days of the law’s signing, dozens of LGBT Nigerians were rounded up and arrested and

several men have been publicly whipped in recent 53 35. Namibia months. Health workers report that the new anti- homosexuality law is also leading to a decline in Legal Status: Criminalized HIV/AIDS treatment and prevention.54 Societal stigma against LGBT Nigerians is intense with 85 percent of Homosexuality remains illegal under common law in citizens feeling that homosexuality is “morally Namibia. The U.S. State Department reports that unacceptable” in a recent Pew Research poll.55 societal violence and discrimination against LGBT people remains a problem in Namibia. Namibian politicians often fan the flames of anti-LGBT sentiment,49 but 2013 saw the leader of one of the 38. Republic of the Congo country’s political parties pledging to stand up for Legal Status: Not criminalized. LGBT rights in parliament.50 December 2013 also saw Namibia’s first pride march.51 There are no laws prohibiting same-sex relationships in the Republic of the Congo, however, the U.S. State

Department reports that the police sometimes harass 36. Niger and extort LGBT citizens anyway. There are at least two active LGBT organizations operating in Republic of Legal Status: Not Criminalized the Congo.

There are no laws specifically banning homosexuality in Niger, however, in January 2013 two men were arrested for public indecency after being found in a 39. Rwanda parked car together. The U.S. State Department Legal Status: Not criminalized. reports that LGBT people in Niger face strong societal stigma and discrimination.

47 Open Society Initiative for Southern Africa, 3/3/11 52 New York Times, 1/13/14 48 Buzzfeed, 1/15/14 53 Associated Press, 1/14/14; Associated Press, 1/16/14; Associated 49 Open Society Initiative for Southern Africa, 5/4/14 Press, 3/6/14 50 Gay Star News, 12/16/13 54 Mother Jones, 3/13/14 51 Mamba, 12/9/13 55 Pew Research Global Attitudes Project, 2014

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 13

According to the International Lesbian, Gay, Bisexual, decriminalizing same-sex relationships and that the Trans and Intersex Association, homosexuality has country is “not ready” for LGBT rights.60 never been criminalized in Rwanda although LGBT Rwandans often face societal discrimination and abuse. In 2010, the Rwandan parliament considered a 42. Seychelles measure to criminalize same-sex relationships, but ultimately dropped it.56 There are LGBT organizations Legal Status: Criminalized in Rwanda, but they often face eviction and Homosexuality is punishable with up to 14 years in harassment from authorities. prison in Seychelles, although the country promised to repeal this law “pretty soon” as part of the United Nations Periodic Review process in 2011.61 There are 40. Sao Tome and Principe no active LGBT organizations in Seychelles.

Legal Status: Not criminalized

As part of the United Nations Universal Periodic Review of human rights, Sao Tome and Principe recently decriminalized same-sex relationships.

Despite this, there are no LGBT organizations and reports of societal discrimination have continued.

41. Senegal 43. Sierra Leone Legal Status: Criminalized Legal Status: Criminalized In Senegal, those convicted of committing “an improper or unnatural act with a person of the same-sex” are Male homosexuality is punishable by up to life in prison subject to up to five years in prison. In February 2014, in Sierra Leone. The U.S. State Department reports two men were sentenced to six months in prison for that “social discrimination based on sexual orientation violating the anti-homosexuality law.57 In November occurred in nearly every facet of life for known LGBT 2013, five women were detained on suspicion of persons” in Sierra Leone; 99 percent of LGBT people lesbianism, including the assistant director at surveyed by Global Rights, Pride Equality and Dignity 62 Senegal’s only lesbian advocacy organization.58 Association reported experiencing harassment. Human Rights Watch reported in 2010 that anti-LGBT Political leaders in Sierra Leone have resisted calls to violence was on the rise in Senegal,59 and President decriminalize same-sex relations and in March 2014 Macky Sall has often contributed inflammatory rhetoric. President Ernest Koroma denounced western nations Sall claims that “the basic African roots of our cultural for cutting off aid to countries that pass harsh anti- 63 values” cannot allow the consideration of LGBT laws.

56 Star Observer, 1/26/10 60 Gay Star News, 4/12/13; Associated Press, 6/28/13 57 Associated Press, 2/1/14 61 Seattle Gay News, 10/7/11 58 Associated Press, 11/12/13 62 Africa Review, 5/19/13 59 Bloomberg, 11/30/10 63 Agence France Presse, 9/11/11; Leadership, 3/1/14

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 14

44. Somalia in 2013. The leaders of South Sudan are often virulently anti-LGBT, with the president saying in 2010 Legal Status: Criminalized. Punishable by the death that homosexuality “will always be condemned by penalty in some areas. everyone” in the country.68 There are no active LGBT Homosexuality is punishable by up to three years in organizations in South Sudan. prison under the Somali penal code. In some parts of the country held by Islamic rebels, a Sharia criminal code imposes the death penalty for same-sex 47. Sudan relationships. LGBT Somalis have fled to Kenya and other countries.64 There are no active LGBT Legal Status: Criminalized. Punishable by the death organizations in Somalia. penalty. Homosexuality is punishable by flogging, prison or the 45. South Africa death penalty in Sudan. In 2013, nine gay men were 69 Legal Status: Not criminalized. Same-sex marriage arrested and beaten in Khartoum and in 2010, 19 70 legal. men were lashed 30 times for “womanly behavior.” Despite the threat of arrest and death, there is one South Africa was the first country in the world to active LGBT organization in Sudan and in 2012 an constitutionally prohibit discrimination on the basis of online magazine was launched.71 sexual orientation and became the first and only country in Africa to legalize same-sex marriage in 48. Swaziland 2006. Despite these protections, LGBT South Africans often face mistreatment and violence. More than 60 Legal Status: Criminalized percent of South Africans reported that they found Male homosexuality is a common law offense homosexuality “morally unacceptable” in a recent Pew punishable by up to two years in prison in Swaziland. 65 survey. LGBT women in South Africa face an LGBT people in Swaziland face social stigma and 66 epidemic of “corrective rape” and according to the exclusion. Swaziland’s prime minister called U.S. State Department there is often a delay in homosexuality “an abnormality and a sickness,” and prosecuting homophobic murders. Progress continues the king called it “satanic.”72 Nonetheless, Swaziland to be made, however, and in May 2014 the country has at least one LGBT organization and in 2012, the elected the first Black gay member of parliament in government launched the first HIV initiative to include Africa and also saw its first openly gay cabinet member same-sex couples.73 appointed.67

49. Tanzania 46. South Sudan Legal Status: Criminalized Legal Status: Criminalized Same-sex relationships are punishable by up to life in Homosexuality is punishable by up to ten years in prison in Tanzania. Not content with the ability to prison in South Sudan. The U.S. State Department reports that there were no prosecutions under this law 68 Radio Netherlands, 7/30/10

69 Gay Star News, 2/25/13 64 Pambazuka, 8/14/13 70 The Niles, 9/21/11 65 Pew Research Global Attitudes Project, 2014 71 Pink News, 3/30/12 66 The Independent, 1/4/14 72 IRIN, 2/14/12 67 Gay Star News, 5/22/14; The Guardian, 5/26/14 73 Ibid

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 15 imprison LGBT people for life, a member of the government has rejected calls to decriminalize same- Tanzanian parliament proposed even more criminal sex relationships and the Tunisian Minister of Human restrictions on the “promotion” of homosexuality in Rights has said that homosexuality is a sickness that March 2014.74 Tanzania’s foreign minister has stated needs to be “treated medically.”80 Tunisia has an that “homosexuality is not part of our culture and we online community of LGBT activists who launched a will never legalize it,” and said the country was willing magazine for the community in 2011.81 to lose foreign aid in order to retain its anti-LGBT 75 laws. Human Rights Watch reports that Tanzanian police engage in widespread abuse of LGBT citizens and pro-LGBT media outlets have been shut down by the government.76

50. Togo

Legal Status: Criminalized

Homosexuality is punishable by up to three years in prison in Togo, and the media is prohibited from promoting immorality, which includes same-sex relationships. In 2011, Togo rejected recommendations from the UN Universal Periodic Review that it decriminalize homosexuality.77 There are no known active LGBT organizations in Togo.

51. Tunisia

Legal Status: Criminalized

Homosexuality is punishable by up to three years in prison in Tunisia. Tunisian activists report that conditions for LGBT people have gotten worse since the Jasmine Revolution of 2011 with increased harassment and surveillance under the post- revolutionary regime.78 Accusations of homosexuality are used as a political tool in Tunisia and in 2013 the leader of the Liberal Party was found guilty of sodomy and sentenced to three months in jail.79 The Tunisian

74 The East African, 3/29/14 75 Reuters, 11/4/11; Tanzania Daily News, 6/21/12 76 Pink News, 6/20/13

77 International Service for Human Rights, 10/13/11 78 Gay Star News, 8/7/12 80 Pink News, 2/6/12 79 Gay Star News, 6/28/13 81 Tunisia Live, 1/25/12

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 16

52. Uganda Legal Status: Criminalized 54. Zimbabwe

Consensual same-sex relations have been illegal in Legal Status: Criminalized Uganda since British colonial rule. In February 2014, President Yoweri Museveni signed harsh new Homosexuality is punishable by up to a year in prison legislation into law that imposes penalties of up to life in Zimbabwe. The U.S. State Department reports in prison for “aggravated homosexuality” and creates “widespread societal discrimination based on sexual obstacles or LGBT advocacy. The Ugandan LGBT orientation” in Zimbabwe and LGBT organizations and community has been driven underground by this new activists face frequent harassment and arrest by the law, and activists report a tenfold increase in anti- government. President Robert Mugabe is considered LGBT violence since the law was enacted.82 one of Africa’s most virulently anti-LGBT leaders and 89 Enforcement of anti-LGBT laws appears to be has said that “gays have no human rights” and LGBT 90 increasing. In April 2014, officials raided a U.S.- people are “worse than pigs and dogs.” Zimbabwe affiliated HIV research facility searching for evidence has several LGBT organizations. Its largest LGBT that the facility was “training youths in activist group won a landmark court victory in February 91 homosexuality.”83 Uganda’s first-ever trial for 2014 allowing it to continue operating. consensual same-sex relations is also expected to take place in July 2014.84

53. Zambia

Legal Status: Criminalized

Homosexuality is punishable by up to life in prison in Zambia. The U.S. State Department reports that enforcement of anti-LGBT laws has increased in recent years and human rights activists say there is growing intolerance for LGBT people in Zambian society.85 The Zambian Minister of Justice recently accused LGBT groups of working to “destroy the cultural fabric of this country”86 and the Minister of Home Affairs stated that the “government does not support homosexuality.”87 In 2013, a gay couple was arrested on sodomy charges and held without bail for over a year before finally being acquitted.88

82 The Guardian, 5/20/14

83 Associated Press, 4/4/14 84 Adrian Jjuuko, Erasing 76 Crimes, 4/23/14

85 Erasing 76 Crimes, 1/31/14 86 Gay Star News, 12/17/13 89 Washington Blade, 3/28/14 87 Erasing 76 Crimes, 4/4/13 90 Erasing 76 Crimes, 7/7/13 88 The Guardian, 7/3/14 91 Huffington Post, 2/28/14

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 17

African Voices for Equality African Commission on Human and Peoples Rights Resolution

Following the creation and strengthening of homophobic laws in several African states, the human rights body for the African Union, the African Commission on Human and Peoples Rights, issued a bold resolution calling for the protection of the human rights of LGBT persons. At the 55th session of the commission that took place from April 28- May 12, 2014, members called for an end to acts of violence and abuse, while expressing shock that “human rights violations continue to be committed on individuals in many parts of Africa because of their actual or imputed sexual orientation or gender identity.”

Resolution 275: On Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity, is the important first step towards the realization of continent-wide protection of the human rights of LGBT people. The resolution:

“strongly urges States to end all acts of violence and abuse, whether committed by State or non-state actors, including by enacting and effectively applying appropriate laws prohibiting and punishing all forms of violence including those targeting persons on the basis of their imputed or real sexual orientation or gender identities, ensuring proper investigation and diligent prosecution of perpetrators, and establishing judicial procedures responsive to the needs of victims.”

It is worth noting that multiple representatives on the African Commission on Human and Peoples’ Rights hail from states that maintain laws outlawing homosexual sexual activity, including Kenya, Tunisia, and most notably, Uganda.

The African Commission on Human and Peoples’ Rights was founded by the African Union (formerly the Organisation of African Unity) in 1987. The Commission consists of 11 representatives from member-states who serve six-year terms interpreting the African Charter on Human and Peoples’ Rights and are entrusted with the protection and promotion of human rights in Africa. While the Commission maintains no enforcement mechanism, it serves as the foremost human rights institution in Africa, and its decisions carry weight throughout the continent.

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 18

Voices for Equality

Amidst the rising tide of legislation in Africa that criminalizes homosexuality or otherwise infringes on basic human rights, brave African leaders are standing up for the protection of equality and dignity for all people. We believe it is these voices, and those who follow, that will ultimately lead to positive change across the continent.

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 19

Botswana – Former President Festus Mogae Mozambique – Former President Joaquim “As long as we confine gays and lesbians into dark Chissano corners...the battle on HIV and AIDS can never be “We can no longer afford to discriminate against won.”92 people on the basis of age, sex, ethnicity, migrant status, sexual orientation and gender identity, or any other basis – we need to unleash the full potential of Ghana (Vatican) – Cardinal Peter Kodwo Appiah everyone.”98 Turkson, President of the Pontifical Council for Justice and Peace “Homosexuals are not criminals”93 Rwanda – Former Minister of Justice Tharcisse Karagarama

“Sexual orientation is a private matter...this is not a Ghana – Minister for Gender, Children, and Social State matter at all.”99 Protection Nana Oye Lithur

“The rights of everybody - including homosexuals - should be protected.”94 South Africa – Spokesperson for the Department of International Relations and Cooperation Clayson

Monyela Kenya – Health Secretary James Macharia "South Africa believes that no persons should be “The Ministry therefore has a constitutional obligation subjected to discrimination or violence on any ground, to provide health services to all without discrimination,” including on the basis of sexual orientation.”100 in the face of “increased fear, stigma, discrimination and potential acts of violence…”95 South Africa/Uganda – Former Anglican

Archbishop Desmond Tutu Kenya – Chief Justice Dr. Willy Mutunga "We must be entirely clear about this: the history of 96 “Gay rights are human rights.” people is littered with attempts to legislate against love or marriage across class, caste, and race. But there is no scientific basis or genetic rationale for love. There is Malawi – Former Anglican Bishop for Southern only the grace of God. There is no scientific justification Malawi James Tengatenga for prejudice and discrimination, ever. And nor is there “[Politicians] dehumanize the gays. They know they any moral justification. Nazi Germany and apartheid can say such horrible things with impunity [but]...We South Africa, among others, attest to these facts.”101 are talking about human beings after all.”97

92 Chicago Phoenix, 4/8/14

93 Catholic Herald, 3/4/14 94Vibe Ghana, 1/30/13 98The African Report, 1/14/14 95 The Star, 3/1/14 99 New Times, 2/8/12 96Towleroad, 2/1/14 100 Council for a Community of Democracies, 2/25/14 97 San Diego Gay & Lesbian News, 3/14/14 101 The Global Fund, 4/11/14

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 20

Uganda – Former Ugandan Vice-President Additional Voices Speciosa Wandire-Kazibe, UN Special Envoy for HIV-AIDS in Africa "I am a homosexual… I have received thousands “I am in full solidarity with the LGBT community and I of messages from Africans all over the continent will continue to defend their rights in Uganda and from diaspora Africans telling me: 'You have my across Africa.”102 support.' Homosexuality [in Africa] came out of the box a long time ago and it will be used by

populists." Uganda – Bishop Christopher Senyonjo - Binyavanga Wainaina, one of Africa's “There is neither heterosexual nor LGBT, for you are leading literary figures from Kenya all one under Jesus Christ”103

“[The Nigerian law] goes against the values of Uganda – West Budama North Member of tolerance and 'live and let live' that are part of many Parliament Fox Odoi African cultures “If you cannot allow me to choose who I am to love, then you are denying me a fundamental right.”104 - Chimamanda Ngozi Adichie, Nigerian author

Zambia – First Lady Dr. Christine Kaseba Sata “Silence around issues of Men who have Sex with Men “When I was growing up, we knew there were gay should be stopped and no one should be discriminated people – they were living openly, they were part of against on the basis of their sexual orientation.”105 the culture – everyone knew about them. But now there are these laws, and it is so sad to see all this artificial outrage.”

- Helon Habila, Nigerian novelist

102 God Loves Uganda Blog, 3/12/14 103 Chicago Phoenix, 4/8/14 104 The Observer, 3/23/14 105Buzzfeed, 11/6/13

THE STATE OF HUMAN RIGHTS FOR LGBT PEOPLE IN AFRICA 21

For more information For more information or to speak to the authors of this report contact:

Jason Rahlan, Human Rights Campaign Foundation Mary Elizabeth Margolis, Human Rights First [email protected] [email protected]

202-572-8939 212-845-5269

WHERE TO FIND US

1640 Rhode Island Ave. N.W. Washington, DC 20036-3278

Tel: 202.628.4160 | Fax: 202.347.5323 hrc.org/foundation

WHERE TO FIND US

333 Seventh Avenue, 13th Floor, 805 15th Street, N.W., #900 1303 San Jacinto Street, 9th Floor New York, NY 10001 Washington, DC 20005 Houston, TX 77002

Tel: 212.845.5200 | Fax: 212.845.5299 Tel: 202.547.5692 | Fax: 202.543.5999 Tel: 713.955.1360 | Fax: 713.955.1359 human rights first.org

TAB 14

USAID Presents: Being LGBT in West Africa

A Virtual Student Foreign Service Project

Philip P. Rodenbough July 2014

Contents

Acknowledgements ...... 3 About the Author ...... 3 Overview ...... 4 Benin ...... 15 Burkina Faso ...... 18 Cape Verde ...... 22 Côte d’Ivoire ...... 25 Gambia ...... 28 Ghana ...... 31 Guinea ...... 34 Guinea-Bissau ...... 37 Liberia ...... 39 Mali ...... 44 Mauritania ...... 47 Niger ...... 51 Nigeria ...... 54 Senegal ...... 59 Sierra Leone ...... 63 Togo ...... 66 References ...... 69

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Overview

Ghana Accra Kumasi 24 238

Guinea Conakry Conakry 10 245

Guinea-Bissau Bissau Bissau 1.6 36

Liberia Monrovia Monrovia 4.1 111

Mali Bamako Bamako 14 1240

Mauritania Nouakchott Nouakchott 3.3 1030

Niger Niamey Niamey 17 1267

Nigeria Abuja Lagos 174 923

Senegal Dakar Dakar 13 196

Sierra Leone Freetown Freetown 6.1 71

Togo Lomé Lomé 7.1 56

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Overview

Regional Legal Overview

Of the sixteen countries of West Africa, nine have laws explicitly criminalizing consensual homosexual activities. One country (Benin) has conflicting reports on the legality of homosexuality there, and the other six countries do not have laws that speak to LGBT issues. Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa, 3 a publication from Amnesty International, provides a relatively comprehensive review of the legal status of homosexuality in the region. The rule of law in West Africa is not always strict, however, so really the law is only part of the story. Some countries with criminalization laws have clear instances of official prosecutions for homosexuality, whereas others do not, as summarized in table 2. In almost all cases, laws against homosexuality serve to justify vigilantism action and social discrimination against LGBT persons. In addition, police in the region are prone to arbitrary arrest and detention, especially in regard to the LGBT community. In table 2, extrajudicial punishment is taken to mean clear reports of unchecked mob violence or police brutality without trial.

No sources mention anything about official laws relating to changing gender/sex on ID documents, probably because there are no such laws. It would probably be difficult to effect such a change, although bribery is certainly a feasible method. Wealthy LGBT West Africans have often attested that money can bend laws.

There are no protections for LGBT communities written into any West African laws, nor are same- sex civil unions recognized. The closest to official recognition is the rumored granting of diplomatic visas to same-sex partners of foreign diplomats from Western countries.

Table 2: Legal Overview of Homosexuality in West Africa

Laws Against Consensual Evidence of Official Evidence of Extrajudicial Country Homosexual Behavior? Conviction and Jail Time? Punishment?

Benin Unclear Yes Yes

Burkina Faso No No Yes

Cape Verde No No Yes

Cote d’Ivoire No No Yes

Gambia Yes Yes Yes

Ghana Yes Yes Yes

Guinea Yes No Yes

Guinea-Bissau No No No

Liberia Yes No Yes

Mali No No Yes

Mauritania Yes No Yes

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Overview

Niger No No No

Nigeria Yes No Yes

Senegal Yes Yes Yes

Sierra Leone Yes No Yes

Togo Yes Yes Yes

Regional Socio-Cultural Overview

In general, West African attitudes towards homosexuality are negative. The Pew Center regularly reports that over 90% of West Africans are against homosexuality, although there are concerns with these kinds of statistics as explored in the Nigeria country profile.

Two of the most well-researched and thorough reports on the socio-cultural environment for LGBT individuals are published by Human Rights Watch. They explore the challenges that LGBT persons face in Senegal4 and in Liberia,5 but many of the experiences recounted in the reports can be generalized to the West Africa region.

West African LGBT identities can be different from modern Western LGBT identities. Oftentimes men who have sex with men do not identify as gay, and may even marry women in order to conform to societal pressure. Some special aspects of West African LGBT identities are explored in the Ivoirian film Woubi Cheri, which features Barbara, who is perhaps the best known transgender woman in West Africa. Beyond Barbara, Transgender persons in the region are mostly invisible, inaccessible, or ignored.6

Access for LGBT individuals to health, education, housing, and employment is hindered across the region, regardless of the legal status of homosexuality. In Burkina Faso protesters demonstrated and effectively evicted a couple of men assumed to be gay, with no intervention from police. Even in Cape Verde, which probably has the best record on LGBT rights in the entire region, job offers are denied if suspicions of homosexuality arise. This is due to cultural stigmatization, which does not automatically disappear after decriminalization.

There is some limited evidence to suggest that there was tolerance towards certain manifestations of LGBT identities in traditional indigenous belief systems in West Africa. Unfortunately any such tolerance has mostly given way to the widespread rhetoric that homosexuality is an un-African import from Western countries.

Table 3 provides some benchmarks of the socio-cultural status of LGBT persons in West Africa. Evidence of societal discrimination is taken to mean clear instances of direct hindrances to the well- being of LGBT persons based on their sexual orientation or gender identity, based on accessible media reports. A strong taboo against LGBT issues is meant to indicate a dearth of national conversation on the topic as evidenced by either a lack of media coverage or direct commentary by observers. In some cases (like Guinea-Bissau) a taboo may be intertwined with a simple lack of national presence on globally accessible media.

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Overview

Table 3: Socio-Cultural Overview of LGBT Communities in West Africa

Evidence of Evidence of Prominent Evidence of Prominent Strong Taboo Country Societal Negative Local Media Positive Local Media Against LGBT Discrimination? Coverage? Coverage? Issues?

Benin Yes Yes No No

Burkina Faso Yes Yes Yes No

Cape Verde Yes No Yes No

Cote d’Ivoire Yes Yes Yes No

Gambia Yes Yes No No

Ghana Yes Yes Yes No

Guinea Yes Yes No Yes

Guinea-Bissau No No No Yes

Liberia Yes Yes No No

Mali Yes Yes Yes No

Mauritania Yes Yes No Yes

Niger No Yes Yes Yes

Nigeria Yes Yes Yes No

Senegal Yes Yes No No

Sierra Leone Yes Yes No No

Togo Yes Yes No No

Regional Health Overview

Health services tailored to the LGBT community are often absent in West Africa. This report focuses on the availability of HIV/AIDS services. Virtually all West African countries have specialized health programs dedicated to fighting HIV/AIDS. Despite the increased risk for men who have sex with men (MSM), only a handful of countries have HIV/AIDS programs focused on or tailored to this community. Data on the MSM community is often lacking, but when present, it indicates that the MSM HIV/AIDS rate can be five to ten times that of the general population.

UNAIDS is generally a useful source for relevant health data, although some of the numbers they report are worrisome. For example, UNAIDS reports that there are 150 MSM in Gambia, but includes the disclaimer that it “did not request sources or methods for key population size estimates. We present these data as reflective of the reporting countries’ commitments to estimate population size. UNAIDS cannot vouch for the accuracy of these estimates. Any secondary use of these data should be conducted

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Burkina Faso

Legal Environment

Article 411 of the Burkina Faso Penal Code prohibits “indecent sexual acts contrary to morality.”34 This article is usually interpreted in a public indecency sense, and so Burkina Faso is widely reported to have no laws prohibiting homosexuality. The US Department State Human Rights Report on Burkina Faso35 asserts that there is no legal or official discrimination on the basis of sexual orientation, although societal discrimination is problematically commonplace. In typical West African fashion, the government does not have a strong history of protecting LGBT persons against verbal and physical abuse. In particular, the State Department report describes that hundreds of people in Ouagadougou publicly demonstrated for the eviction of a gay couple from their neighborhood. The protesters claimed that the gay couple was a bad example for children. The gay couple was effectively forced from their home, and no legal action was taken. A secondary source confirms that hundreds protested against the unfortunate gay couple, and that police took no protective action.36

In addition to article 411, article 410 states that “any deliberate act that is contrary to good morals and is committed in public or in a private place visible to the public and may offend the sense of decency of third parties who involuntarily witness the act shall constitute a public nuisance.” Although there are fears that these articles could be used to prosecute homosexuality, no such instances are documented.

The Burkina Faso Constitution37 states that “The family is the basic unit of society. The state must protect it. Marriage is based on the free consent of (the) man and (the) woman.” Some have interpreted this as a constitutional prohibition on same-sex marriage.38

Burkina Faso does have laws against prostitution, and these have been used to prosecute same-sex acts, although it is unclear if the same-sex acts are cases of bona fide prostitution. The local news article39 that mentions a particular homosexual prostitution case editorializes that difficult economic conditions in Burkina Faso justify “ignoring the issue of homosexuals. But [homosexuals] do exist and we will have to address the issue eventually.” Another local media report describes a homosexual statutory rape case involving an 18-year old girl and a 13-year old girl.40

Socio-Cultural Environment

There is a particularly good resource that speaks to the socio-cultural environment that gay men deal with in Burkina Faso: it is an article by Cheikh Ibrahima Niang that appears in Africa Region Human Development Working Paper Series.41 Although overall the paper’s goal is to understand how to best treat HIV/AIDS in MSM, the “Social Situation of MSM in The Gambia, Burkina Faso and Senegal” chapter is particularly insightful. Selected excerpts follow:

“In Burkina Faso, some qualitative studies have indicated that the majority of MSM appear to have bi-sexual behavior. In all three countries in fact, a significant number of MSM are married to women. Marriage serves as a means of fitting into the social norms, and of hiding sexual preferences that are considered outside the norm. In addition, sexual relationships may exist without being admitted socially or even without being recognized, assumed or accepted individually. The gap between behavior and identity is socially and individually determined by intrinsic norms, values, concepts and interactions. In several communities in Senegal, the

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Burkina Faso

Gambia and Burkina Faso, a male-to-male sexual relationship is considered a highly personal and private affair that requires the highest level of protection, privacy, discretion and ‘veil.’…

“In Burkina Faso, reports exist of MSM having been beaten, publicly disrobed or otherwise humiliated by members of their own families. One informant revealed: “Someone sent an anonymous letter to my mother telling her that I was prostituting myself to men. My own mother threatened to kill me with her own hands to preserve the honor of the family if it turned out to be true.’ Ostracism is another frequent reaction by families. MSM are excluded from any network of communication, consultation or decision-making. Some may never be spoken to again by their families or only in the most limited fashion….

“There are some MSM who are well off, if not affluent. In fact, the study’s researchers conducted many of their interviews in Burkina Faso with members of the social elite.”

An amateur filmmaker published a short video telling the story of what happens when a gay Burkinabé man returned home in feminine attire after a long absence. Spoiler alert: his father gets out the shotgun.42 A screenshot is shown in Figure 2.

Figure 2: A screenshot from Zi Yaabo, a short film about a gay man in Burkina Faso.

There are several interesting claims made about LGBT communities in Burkina Faso, but unfortunately many of them have very few substantiating details. A Guardian article mentions in passing that some tribes in pre-colonial Burkina Faso “regarded lesbians as astrologers and traditional healers.”21 An article in Africa in Fact claims that Burkinabé public figures have come out recently, although it does not specify who exactly.43 The article continues and asserts that gays are stigmatized and rejected, that gays often hide their practices, and that the main challenge for the LGBT community is the attitude of the general public.

The US Peace Corps advises its volunteers stationed in Burkina Faso as follows:44

“Given the society’s conservative values, homosexuality is not likely to be tolerated by the general public in Burkina Faso. There may even be potential safety and security concerns. It will probably be impossible to be open about your sexual orientation and maintain a positive working relationship with members of your community, and you will have to exercise extreme

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Burkina Faso

discretion. Other Volunteers and the Peace Corps staff will provide support, but you will find it very difficult to be open outside of that circle.”

Health Issues

Burkina Faso has an HIV prevalence rate of 1% in the general population.25 UNAIDS reports that the MSM HIV prevalence rate is 1.3%, but an alternative source reports the rate to be 16.3%.38 Neither source details any methodology, casting doubt on the authenticity of either figure.

There are at least a handful of HIV/AIDS organizations in Burkina Faso that offer specialized MSM services, including Vie Positive, Association African Solidarité (AAS), and Responsabilité Espoir Vie Solidarité (REVS+). In addition, the Reseau Africain de Formations sur le VIH/SIDA (the African Network of Training on HIV and Aids) (RAF-VIH) conducted a workshop in Burkina Faso in 2011 to address specifically how to best work with MSM communities.45

Political Issues There are several LGBT rights groups in Burkina Faso. One of the most prominent is the Queer African Youth Networking Center (QAYN), which stylizes itself as a regional network of LGBT youth in West Africa. The organization has published several reports on the condition of LGBT communities in Burkina Faso and elsewhere in West Africa. The organization is particularly noteworthy because of its strong focus on lesbians, who the organization claims are often overlooked in the context of MSM HIV/AIDS programs. In one of their studies they polled students at the University of Ouagadougou on a range of LGBT-related Figure 3: The report cover for a study published by QAYN questions. Some of the more interesting results: 15% of male students believe that homosexuality does not exist in Ouagadougou, more than 80% of students believe that homosexuality does not have a place in African culture, and more than 80% of students believe that Burkina Faso ought to penalize homosexuality. The cover page of their report is shown in Figure 3.46

Another LGBT organization called Lambda is referenced in some sources, but direct contact information for the organization is elusive.38

The Archbishop of Ouagadougou recently spoke out against same-sex marriage, saying that it threatens Africa and the world with destruction.47 Muslim leaders in Burkina Faso have made similar statements.48 A recent local media article features an interview with a lesbian who claims that such public statements condemning homosexuality result in her not wanting to participate in LGBT rights events.49

There was a minor political scandal in Ouagadougou in 2013 when a group of young people discovered that certain HIV funds were earmarked by the mayor specially for MSM groups. They formed an entire movement and protest, claiming that the government should not be supporting

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Burkina Faso homosexuality, and that the funds should only go to heterosexuals. The president of the movement is quoted in local media as saying: “We will fight until the National Assembly passes a law against the practice of homosexual marriage in Burkina Faso.” A picture of the protest appears in Figure 4.50

UN Record

Burkina Faso did not sign the December 2008 UN 30 declaration in support of LGBT rights, but neither did it Figure 4: A youth group protesting the sign the opposition statement which expresses disapproval allocation of HIV/AIDS funds to MSM groups. towards the idea of LGBT rights.31 Burkina Faso was part of the committee that decided whether the UN should commission a study on global LGBT rights. It chose to abstain from voting on the issue.51

Burkina Faso faced UN human rights review in 2008 and 2013. LGBT issues were not raised in either session.52 The Sexual Rights Initiative (SRI) made a submission to the 2008 review session claiming that article 338 of Burkina Faso’s Penal Code prohibited homosexuality, recommending that the article be repealed.53 The submission was not included in the final report, probably because article 338 actually covers punishments for causing sicknesses that result in work absences, nothing to do with homosexuality.34 It is unclear why SRI made this mistake.

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TAB 15

GETTING TO RIGHTS

THE RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PERSONS IN AFRICA

SIDE HOVE

CONTENTS

ABBREVIATIONS 8 INTRODUCTION 10 EXECUTIVE SUMMARY 11 1 HUMAN RIGHTS AND SOCIAL & BIOLOGICAL PERSPECTIVES ON SEXUALITY 20 1.1 Sexual orientation and gender identity 21 1.2 “Essentialist” approaches: biological evidence in brain anatomy and functioning 22 1.3 Social constructionist approaches 24 1.3.1 “Naturalness” 26 1.3.2 Western biases in terminology, and their consequences 27 1.4 Nurture, social environment and sexual behaviour 30 1.4.1 Effects of growing up in an LGBTI positive environment 30 1.4.2 the fear of Cycles of child sexual abuse 32 1.4.3 Research on transgender issues and populations 33 2 AFRICAN SOCIAL AND CULTURAL DIMENSIONS 35 2.1 the family and the construction of identity 35 2.2 Social sanctions 36 2.3 Changing social contexts 37 2.4 Fertility 38 2.5 Situational bisexuality 39 2.5.1 Histories of Same sex relations 40 2.5.2 Situational same-sex behaviour and hierarchical social relationships 40 2.5.3 Alternative gender identities 42 2.6 Contemporary attitudes 42 2.7 Homophobia and transphobia 43 2.7.1 Honour, shame and the fear of loss of status 44 2.7.2 Disgust 46 2.7.3 Ignorance 47 2.8 The alleged “recruitment” of children 47 2.8.1 Fear of “promotion” of homosexuality 48 2.9 Behaviour and identity, private and public spheres 50 2.9.1 Sexuality, the private sphere and the uses of deniability 50

2.9.2 The importance of symbols and resistance to sexuality into the public sphere 51 2.9.3 Threats to the moral universe 51 2.9.4 Northern public debates and same-sex marriage 52 2.9.5 African custom 53 2.10 Media: views of key interlocutors on visibility and public sensitization 55 2.10.1 Government officials 55 2.10.2 Journalists 55 2.10.3 LGBTI activists 56 2.10.4 A film director 56 2.10.5 Health and HIV / AIDS workers 57 2.10.6 The business sector 58 3 THE RELIGIOUS SPHERE 60 3.1 Christianity 60 3.1.1 Catholicism 61 3.1.2 Evangelicalism 61 3.2 The Christian Churches since independence: A snapshot 63 3.2 Biblical condemnation of homosexuality? 64 3.3 Anglicanism 65 3.3.1 Scriptural literalism and the debate on homosexuality within African Anglicanism 66 3.3.2 Lessons learned from the Anglican split? 68 3.3.3 Proponents and sources of a more accepting view of LGBTI within anglicanism 68 3.3.4 Anglican position on criminalization / decriminalization 70 3.4 Catholicism 70 3.4.1 CATHOLIC DOCTRINAL VIEW 71 3.4.2 Catholic View on criminalization 72 3.5 Other churches 74 3.6 CASE STUDY: RELIGIOUS GROUPS AND THE AHB IN UGANDA 74 3.6.1 African and US Evangelicals 76 3.7 The Churches and dangerous rhetoric 79 3.8 Islam 79 3.8.1 Liberal and progressive interpreters 80 3.9 Conclusions: Positions on criminalization and possible ways forward 82 3.9.1 Religion and the Secular State 83 3.9.2 Protection of the family 84 4 POLITICS 85 4.1 First tendency: moderate political realism 85 4.2 Second tendency: political mobilization of homophobia 86

SIDE HOVE

4.3 Third tendency: the politicization of religion 88 4.3.1 Religion, purity and national identity 89 4.4 Fourth tendency: weak or opportunistic liberal commitment 91 4.5 Fifth tendency: genuine commitment? 92 4.6 Human rights priorities 92 4.6.1 Responses of African leaders to international pressure for LGBTI rights 93 4.6.2 Threats to impose conditionality 93 4.6.3 Positive and negative effects of international pressure in Uganda 94 4.7 Public criticism 95 4.7.1 US Policy and conditionality in Malawi 95 4.7.2 US Policy and confusion in Liberia 96 4.8 Analysis – the pros and cons of western voices in African social debates 97 4.8.1 some key points for western representatives 98 4.8.2 considerations of timing and strategy 99 4.8.3 Public gestures 100 4.9 Combating political hate speech and promoting tolerance 100 5 LAW, JUSTICE AND THE CRIMINALIZATION OF SAME-SEX RELATIONS 101 5.1 Sin and Crime 101 5.1.1 Legal / philosophical arguments for decriminalization 103 5.2 decriminalization through Legislative processes 104 5.3 Judicial routes to equality / decriminalization – domestic and international 105 5.3.1 The UN Human Rights Committee 107 5.4 Decriminalization through constitutional processes 108 5.5 Executive action and exercise of prosecutorial public interest discretion 110 5.6 Legislative prohibition of “unnatural acts” 111 5.6.1 “Indecency” type provisions 111 5.6.2 Unconstitutionality because of vagueness? 113 5.7 Some immediate effects of criminalization 113 6 THE HUMAN RIGHTS FRAMEWORK AND SYSTEMS 115 6.1 The obligations to respect, protect and fulfil and the Human Rights Based Approach 115 6.1.1 The obligation to respect the rights of LGBTI persons 115 6.1.2 The obligation to protect LGBTI persons: equal protection 116 6.1.3 Special protection 117 6.1.4 The obligation to fulfil 117 6.2 Major human rights issues facing LGBTI persons in Africa 118 6.3 Life, liberty and security of the person and bodily integrity 119

6.3.1 The obligation to respect the right to life and the death penalty 119 6.3.2 The obligation to protect: murder of LGBTI persons and activists 120 6.3.3 Murders of LGBTI generally 121 6.4 Non-lethal violence 121 6.4.1 The role of human rights defenders 121 6.4.2 Gender based violence and LGBTI persons 122 6.4.3 Hate Crimes 124 6.4.4 Mob violence, police protection and impunity 126 6.5 Liberty and security of the person -freedom from arbitrary arrest and detention 127 6.5.1 Targeting of LGBTI human rights defenders by law enforcement 128 6.6 Torture and CIDTP 128 6.7 Blackmail / extortion 129 6.8 Freedoms of expression, association and assembly 130 6.8.1 Freedom of expression 130 6.8.2 Freedom of Association and participation: “nothing for us without us” 131 6.8.3 Freedom of assembly and public events 134 6.8.4 Legal protection against hate speech 136 6.9 Equal treatment and non-discrimination 136 6.10 Right to the highest attainable standard of health and HIV / AIDS 137 6.10.1 Gender aspects of HIV / AIDS 138 6.10.2 MSM and HIV / AIDS 139 6.10.3 Religious and pragmatic approaches - Uganda 141 6.10.4 Beyond Uganda 144 6.10.5 Health services: mainstreaming and / or stand-alone clinics? 144 6.10.6 Beyond HIV /AIDS 144 6.10.7 Rights and research on HIV / AIDS 145 6.11 Rights to education, housing and employment 145 6.12 The right to privacy and to a family life 146 6.13 Rights especially relevant to transgender persons 146 6.14 National Human Rights Institutions (NHRIs) 147 6.15 Other national agencies with specialized mandates, including gender equality institutions 150 6.16 The rights of LGBTI persons and the politics of the UN human rights system 150 6.16.1 Positions taken in the UN on the subject of decriminalization 151 6.16.2 Work of charter based mechanisms / special procedures 153 6.16.3 The Universal Periodic Review 153

SIDE HOVE

6.17 The African Human Rights System 153 6.17.1 Rapporteurs and Special Mechanisms 155 6.17.2 Civil Society Participation 155 6.18 Regional Economic Communities (“RECs”) 157 6.19 The Commonwealth 157 7 ENTRY POINTS IN DEVELOPMENT PROGRAMMING 158 7.1 Strategic and policy frameworks 158 7.2 Beginning the work of mainstreaming LGBTI issues 159 7.3 Civil society based efforts 160 7.3.1 Civil society partnership approaches: channelling donor support through LGBTI specific organizations and networks 161 7.3.2 Generalized public calls for proposals in target countries 162 7.3.3 The importance of participation 162 7.3.4 Offensive and defensive litigation strategies 163 7.3.5 More or less visibility, and kinds of visibility 163 7.3.6 Issues of personal safety and security 165 7.3.7 Alliances, support networks and engagement by mainstream HR organizations 165 7.3.8 Women’s organizations and their support for lesbian, bisexual and transgender persons 166 7.4 Attempts to build regional and sub-regional networks 167 7.4.1 Southern Africa 167 7.4.2 Research 168

CHAPTER 2

2 AFRICAN SOCIAL AND CULTURAL DIMENSIONS

2.1 THE FAMILY AND THE CONSTRUCTION OF IDENTITY

The centrality of the family, and the relative unimportance of the state are of key importance in understanding the challenges facing LGBTI persons in Africa. Attitudes to sexual orientation or unconventional gender identity may be more fully understood in the light of social constraints that exist generally for all or most members of society, but that affect LGBTI persons in a particular way. It is often said that in Africa, marriage and procreation are not seen as individual choices, but social obligations. Marriage is traditionally conceived of as a union between two families more than between two individuals. This view of marriage and family aligns with the idea of “ Ubuntu ”, where identity – the self - is conceived as being formed and maintained socially rather than only through individual consciousness or attributes. Engelke discusses the interpretations and meanings given to the concept of “human” (the word “ unhu ” in Shona) in Zimbabwe, referring to a general idea that personhood is “acquired” through social relationships like marriage and parenthood, rather than being obtained by the mere fact of birth. 40 This is a two-way process - individuals gain social identity, status (as an adult or a community elder) and protection in return for fulfilling predetermined roles and functions that contribute to communal goals. Social status remains largely dependent on fulfilment of these obligations.41 Africans make sacrifices for families and community members in ways that have fallen away in western capitalist and welfare societies.

“Marriage is a tool in service of purposes much broader than the immediate interests of the couple .” Gender and sexuality are subordinate to marriage, procreation and family life rather than being elements of individual identity. Adopting a non-conforming sexual orientation or gender identity, may appear alien and selfish. As Marc Epprecht notes, “Sexuality was thus not regarded as an individual choice or orientation but in a sense belonged to the wider community. ”

40 Matthew Engelke, ‘We Wondered what Human Rights He Was Talking About’ Human rights, homosexuality and the Zimbabwe International Book Fair, University of Virginia, Critique of Anthropology, Vol 19(3) 289–314 , 1999

41 Nhlapo, Third World Legal Studies, Vol. 13, Article 3 (1995). Indigenous Law and Gender in South Africa: Taking Human Rights and Cultural Diversity Seriously.

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Traditional reverence towards ancestors extends this sense beyond the present, so that the social domain merges with the spiritual: “ Social obligations to marry and have children even extended beyond the grave. Ancestors required abundant offspring to maintain their memory and power as benevolent spirits down through the generations. ”1

When people in Africa reject “a right to be homosexual”, or to practice homosexual sex, they may be doing so from a sense of a far narrower range of choice for individual human beings than westerners are accustomed to thinking of. They may inwardly acknowledge that feelings of emotional and sexual attraction cannot be changed, but that the acknowledgment of those feelings, and acting upon them is anathema to their values. To heed inner feelings over responsibilities and social expectations is in this view the exercise of a “choice” that many people do not have. To western human rights activists, the lack of choice about sexual orientation has often been a central plank of arguments for equality for sexual and gender minorities. This argument has somewhat less force where much of the population accepts marriage and reproduction – and perhaps a particular marital partner - as the fulfillment of obligations to family. This is a moderate conservative version of the discussion regarding choice. More extreme versions posit the deliberate adoption of sinful ways of life that require punishment. There are many similarities between social and religious discourses. The Catholic Church acknowledges that some individuals have very deep seated homosexual feelings, but teaches that these feelings should be repressed rather than acted upon.

2.2 SOCIAL SANCTIONS

Participants in focus groups in Burkina Faso (both women and men) 42 said that exclusion or ostracism by the family is among the worst fears of African LGBTI persons – often worse than any risk of state sanctions or even violence. While physical violence is often short lived, exclusion and ostracism may endure for a lifetime. For a married person carrying on a same-sex relationship, discovery can even mean being deprived of access to their home and children by the extended family. Especially in patrilineal societies, women are likely to be far more vulnerable than men in this regard. It is unsurprising that (as in western countries), LGBTI people often gravitate towards urban areas where there is a money economy, the possibility of personal autonomy and more social anonymity. 43 Successful LGBTI persons interviewed for the study tended to emphasise the link between economic autonomy (and even the ability to provide for families) and freedom to express their sexuality.

Further, an LGBTI person may be prepared to face social prejudice and even discrimination on a personal level, but may be more reluctant to subject her or his family to social opprobrium. Social disapproval of an LGBTI person may affect the reputation not only of the individual person, but of his or her family. Thus, the aunt of a Ugandan man who was arrested and held on sodomy charges fears that this will become part of the communal history of the village, so that the family will be held in disapproval

42 The groups also included transgender persons.Field notes, February 2013. 43 Notes on meeting with Gabriel Hoosain Khan, GALA, Johannesburg, 7.02.13

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for generations because of it. 44 This can affect the standing of the family in relation to many aspects of social and economic life in a village setting, including things like being nominated as a village elder, or even allocation of land, and may induce the family to disown an LGBTI person. One activist in Kenya (who was otherwise grateful for his supportive family) explained the gratitude of members of his family when he publicly stated that his homosexuality was his personal business, and had nothing to do with his family. 45

2.3 CHANGING SOCIAL CONTEXTS

Traditional ideas and patterns of life coexist with social changes that may make parents feel insecure about the safety of their children and the stability of their families. Child marriage has declined in most of Africa. This seems to correlate with an increase in premarital sex that is linked to economic development, higher rates of education, literacy, and wage earning. The independence that wage earning brings enables a freer choice of marital partners by young Africans (i.e. a move away from arranged marriages). Young urban men can finance bride price themselves, and parents fear that greater choice on the part of their daughters is associated with more “experimentation” – premarital sex. Thus a perceived loss of parental control over teenagers’ sexual conduct may provoke a conservative backlash. In urban areas, there may be a rather extreme generation gap between teenagers and their parents. The former have grown up in an era of rapid economic growth and change, including access to the internet, social media and pop culture that provocatively promotes and uses sexuality. Ugandan print media (particularly Red Pepper and the now defunct Rolling Stone use(d) graphic language to describe gay sex that would not be found in newspapers in western countries and would be likely to shock a more prudish older generation.46

MSM in Ouagadougou confirmed that social media are often used to establish contacts. GALA in South Africa stressed the importance of social media as a space where members of sexual minority communities can provide each other with mutual support and advice, as well as to organize campaigns, particularly where transport funds and physical meeting spaces may be unavailable.

Changing social contexts have seen a marked success for Evangelical or Pentecostal Christianity in Christian societies and of a strengthened piety in Muslim ones. New religious movements have done well in the urban environments dominated by young people, using media and popular messages that connect with the younger generation. For some young people, homosexuality may function effectively as an evil “other.” Rejecting it may be a way of signalling that, while they are no longer as bound as their

44 See the UK Channel Four documentary programme “Africa’s Taboo”, concerning the 2009 case of Frederick Wasukira. 45 Personal interview with the author, February 2013. 46 See http://economist.com/node/18111806

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parents were by traditional ways of life, they nevertheless remain true to Biblical morality.

Some researchers examining patterns in parts of Africa point to the phenomenon of men having concurrent long-term sexual partnerships, interpreted as a modern carry- over from traditions of polygamy. They emphasise the importance of understanding these patterns to the fight against AIDS. 47 Evangelical Churches promote a culture that is in some views progressive as compared to these traditions of a deuxième bureau . They emphasise monogamy, marital fidelity, respect for women and the nuclear family. Unsurprisingly, this message often has a strong appeal for wives and mothers.

2.4 FERTILITY "Who's going to occupy Uganda 20 years from now if we all become homosexuals? We know that homosexuals don't reproduce.” 48

African societies have not had long to adapt to the change from very high historical rates of infant mortality to the vastly improved nutrition, health and medical care of the past fifty years. High birth rates and lower infant mortality have allowed high population growth. Social attitudes may view a high birth rate as a sign of national well-being of the kind that GDP and employment does in the media in western countries. Arguments about social change and population growth may not overturn visceral attitudes, at least in the short term.

Concerns about the relative position and power of an ethnic group within a modern state may also be relevant. Kristen Cheney notes that “ With the third highest total fertility rate in the world (Ugandan women give birth to an average 6.77 children), Ugandans take fertility very seriously. During 2009 fieldwork for a study on orphans, I was repeatedly struck by the recurring theme of fertility as a barometer of social stability, by the nation and individuals.” 49

As Cheney notes, in this context, homosexuality is often perceived as a threat to reproduction: several informants mentioned a threat to the continuation of the family, clan, tribe or even the human species that might be posed by non-procreating homosexuals. 50 The fear that decriminalization will lead to mass conversion to same-sex

47 An article by Helen Epstein in the NY Review of Books provides the following references: Hudson, "AIDS in Rural Africa: A Paradigm for HIV-1 Prevention," International Journal of STD & AIDS , Vol. 7, No. 4 (1996), pp. 236–243; Morris and Kretzschmar, "Concurrent Partnerships and the Spread of HIV," AIDS , Vol. 11, No. 5 (1997), pp. 681–683; and Halperin and Helen Epstein, "Concurrent Sexual Partnerships Help to Explain Africa's High HIV Prevalence: Implications for Prevention," The Lancet , July 3, 2004, pp. 4–6. 48 (Former Ugandan Minister for Ethics, James Nsaba Buturo, Oct. 2008 Reported by Agence France Presse: http://afp.google.com/article/ALeqM5i_Vvh-afaH30C28nlscaqqI8RtnA The Ghana Constitutional Review Commission report the same arguments in submissions to it. 49 Kristen Cheney, African Studies Review volume 55, issue 2 pp 77-95, Jan. 2012.

50 Notes from field studies, Feb. 2013.

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intercourse is easily rebutted. Advocates can point to a steady growth in the population of France for example for 150 years after same sex relations were decriminalized.

2.5 SITUATIONAL BISEXUALITY Murray (1998: 273) observes that in contrast to the homophobia Western homosexuals confront, the social pressure on Africans who desire same-sex relations is not concerned with their masculinity or femininity, their mental health, their sexual object preference and its causes, or the moral status of their sexual preference – but primarily with their production of children, especially eligible heirs – and the maintenance of a conventional image of married life”.

Interviews with male and female LGBTI informants confirmed the vital importance of social expectations in regard to procreation. Tolerance of same-sex relationships is greater if it happens on the margins of life where social norms of marriage and reproduction are outwardly complied with. 51 Many MSM in a survey in Senegal (see below) reported seeing their own sexual behaviour as “temporary”, and saying they expected to renounce it later in their lives. Eighty per cent of MSM interviewed reported having had sex with a woman, 25% had children and 15% were (heterosexually) married at the time they were interviewed. 52 Similar figures are reported throughout Sub- Saharan Africa 53 and confirmed in interviews and focus group discussions for the present study. Both MSM and WSW were very often married in heterosexual relationships and were the biological parents of children. 54 Particularly for the female partners of MSM, this pattern poses challenges in relation to state obligations and efforts to secure human rights in the area of health. There are no signs that this pattern is significantly different in countries where same-sex behaviour is or is not criminalized, except perhaps among some sectors in South Africa and among a small number of urbanites.

Advocacy for greater acceptance of LGBTI persons could use persons who exemplify the social and economic contributions made by LGBTI people although they forego the status and power attained through procreation. A gay community leader in Burkina Faso emphasized this point in a focus group meeting, arguing persuasively that the best way forward towards acceptance was to have success and win respect in the wider community.

51 Interview notes with Minority Women in Action, Kenya and focus group in Burkina Faso, Feb.- March 2013. The Crane Survey in Uganda showed that 38% of MSM interviewed were living with women. http://www.aidstar- one.com/sites/default/files/day_2-28_hladik%20(1).pdf 52 Niang, Niang et al, 2002. Op cit. 53 See UNAIDS, Global Report on Prevention, 2010, Chapter Five. 54 Focus group sessions in Burkina Faso, and interviews in Kenya, February 2013.

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2.5.1 HISTORIES OF SAME SEX RELATIONS

One anthropologist doing work among the Hausa in Northern Nigeria found local masculine identified MSM (known as masu harka ) who were astonished to hear that white men also engaged in sex with other men. 55 Ward writes that “silence in African history on the matter of same-sex desire can be read as indicating absence, or unspoken tolerance” and that “various forms of same-sex relations have always been part of various African societies, though usually defined in terms of behaviour or stage in life, rather than seen as a stable individual identity on the model of Northern gay or lesbian identities today”.56

Murray quips that “ Absence of evidence, particularly an absence proclaimed in official ideology, should not be taken as evidence of absence ”. He notes that the lack of a written record prior to colonialism in most of Africa means that the main observations accessible are those written by colonial anthropologists who were part of the colonial system. 57 A number of researchers, many of them non-Africans, have in recent years mined material such as court records and the reports of colonial administrators for information on sexual practices, including same sex relations. As more anthropological and linguistic work has taken place on this theme, the very idea that there is a lack of evidence of same-sex relations in African culture is shown to be false.

Research on these topics needs of course to be carried forward by African researchers who can bring greater understandings of the social, linguistic and cultural backgrounds to these questions. They can also be instrumental in bringing these understandings from the narrow academic sphere into wider African public debate. As pointed out by the Coalition of African Lesbians and a representative of Minority Women in Action in Kenya 58 , the case for discussion of women’s sexuality as a development issue needs to be backed by research and data. The work of scholars such as Sylvia Tamale in Uganda on these issues needs to be supported and carried forward. At present, there are too few resources available for this work.

2.5.2 SITUATIONAL SAME-SEX BEHAVIOUR AND HIERARCHICAL SOCIAL RELATIONSHIPS Examples of this include miners in Mpondo, South Africa, where same-sex marriages were known and accepted 59 , as well as among the Mossi of Burkina Faso, the Azande of Eastern and Central Africa and Nubian peoples of the Sudan. In other contexts, marriages between women were described by anthropologists. These took place between wealthy women in need of offspring who obeyed social conventions such as

55 Rudolf Pell Gaudio, Allah Made Us , Wiley Blackwell 2009. 56 Kevin Ward, Same-Sex Relations in Africa and the Debate on Homosexuality in East AfricanAnglicanism. Anglican Theological Review, 2002 (Winter) 57 Op cit. 58 Interview notes from meetings in Johannesburg and Nairobi, February 2013. 59 Murray, text to footnotes 67 et seq.

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paying bride price to obtain a fertile wife. 60 Information is not available as to whether these relationships involved sexual intimacy. Colonial era anthropologists were mostly males who had little access to female environments. Not for the first time, female sexuality was neglected.

In Africa, as in other parts of the world, situational same sex conduct has sometimes included socially tolerated pederasty (age structured male same sex relationships where the junior partner is generally an adolescent, and not considered an adult). For present purposes, the issue of pederasty is important because it may be the default image that many people have of homosexuality. The role of pederasty in the early story of Ugandan colonization (the Kabaka of Buganda and the Uganda Martyrs – see Chapter Four) is well-known in East Africa. It is invoked both by LGBTI activists to show that homosexual behaviour existed prior to European influence, and by (mainly Christian) opponents to associate it with child abuse. In view of the frequent scaremongering about “recruitment” of children, it is important to be aware of this context.

While modern mores and law often do not make distinctions, it is necessary to distinguish pederasty from pedophilia (a sexual attraction to pre-pubesecent children 61 ). Acceptance of pederasty was not equivalent to acceptance of pedophilia in the diverse societies that tolerated pederastic relationships.62 It should also be recalled that the age at which such same sex relationships were accepted or tolerated often paralleled those for heterosexual sex or marriage, and that the same societies permitted age disparities and arranged marriages without considering the consent of the bride. Early marriages remain a problem that most African governments are committed to combating. Condemnation of historical pederasty that fails to account for this context risks being seriously misleading. Equating historical pederasty with modern pedophilia is even more unfounded.

Anthropological writings describe same sex marriage among young adult Azande men and younger adolescents that included the payment of the equivalent of bride wealth and even the possibility lawsuits for adultery in the case of infidelity. The “boys” married were socially regarded as women for the duration of the marriage, which lasted until the husband could afford to marry a female.63 The male “wife” would then join the band of warriors and take a boy wife of his own.

Azande interviewed by anthropologists attributed these arrangements to the shortage of available women. Here, there are some similarities to cultural practices among the

60 See Herskovits, A Note on 'Woman Marriage ' in Dahomey: Journal of the International African Institute Vol. 10, No. 3 (Jul., 1937), pp. 335-341 61 See http://www.ncbi.nlm.nih.gov/pubmed/18686026 62 These distinctions were discussed in evidence given by the American philosopher Martha Nussbaum in a case before the Colorado District Court in the USA. See: Clark, Randall Baldwin (2000) "Platonic Love in a Colorado Courtroom: Martha Nussbaum, John Finnis, and Plato's Laws in Evans v. Romer," Yale Journal of Law & the Humanities : Vol. 12: Iss. 1, Article 1. Available at: h ttp://digitalcommons.law.yale.edu/yjlh/vol12/iss1/1 63 See http://www2.hu-berlin.de/sexology/GESUND/ARCHIV/GUS/ZANDE.HTM or E. Evans Pritchard, Sexual Inversion Among the Azande, American Anthropologist, New Series, Vo. 72, no. 6, 1972.

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ancient Greeks and Japanese Samurai, where the pederastic relationship extended beyond sex. These cultural settings did not accept same-sex partnerships between adult males or of the sexual abuse of pre-pubescent children. Anthropological writing on the Azande also described how large polygamous households and the unavailability of male attention led some women to practice lesbian sex, though this tended to be carried on in the secrecy of family compounds. The overt Azande pederastic practices disappeared in the first half of the twentieth century under the influence of Christian missionaries and the decline of polygamy. While these practices were perhaps especially institutionalized and well-documented among the Azande, they are known to have taken place among many peoples in Africa. Far from being exceptional in sexual expression, African cultures exhibit patterns that are familiarly human.

2.5.3 ALTERNATIVE GENDER IDENTITIES In non-western societies where gender non-conformity is accepted, (such as with the “Fa’afafine” in Samoa), the feminine gender identity is acknowledged long before adolescence and overtly sexual behaviour. It arises out of an observed preference for labour and household tasks that are more typically feminine rather than out of sexual preference. 64

The great diversity of African traditional cultures also provides examples of same-sex conduct that appears to be based on sexual orientation or gender identification. Murray mentions examples from inter alia , Ethiopia, Kenya and Sudan. “Ibbis” in Senegal may occupy positions of high regard in certain circles. For example, Ibbis often have close relationships with women who have political or economic power, for whom they carry out important social ceremonies and functions. In several neighbourhoods, Ibbis enjoy the protection of the entire community. In other contexts, same-sex experimentation among adolescent males appears to have been tolerated with amusement. In still other examples, male priests of female deities habitually don female attire, though apparently without engaging in same-sex acts.65 As discussed elsewhere in this study (Chapter Four), these cultural and historical antecedents are sometimes acknowledged even by fierce opponents of liberalization.

2.6 CONTEMPORARY ATTITUDES As for attitudes today, few African voices are raised in favour of the rights of LGBTI persons. Peer pressure probably plays a role in preventing more tolerant voices from being heard. Nevertheless, even surveys where people respond anonymously show low acceptance of homosexuality in Africa:

Attitudes to South Africa 28%

64 See Redefining Fa'afafine: Western Discourses and the Construction of Transgenderism in Samoa intersections.anu.edu.au/issue6/schmidt.html 65 Essien and Aderinto, op cit. p.126.

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homosexuality. Côte d’Ivoire 11% Ghana 4% Responses to questions Kenya, Tanzania, Uganda 3% should homosexuality be Senegal 3% 66 accepted? Ethiopia 2% Nigeria 2% Mali 1%

For Sweden and the USA, the figures were 86% and 49% respectively.

The West African network QAYN conducted a study on knowledge and attitudes of university students to SOGI issues in Burkina Faso.67 A number of interesting findings emerged. About half of the students were familiar with the terms “sexual orientation” and “gender identity” (58% of women and 50% of men). Most of those responding positively to this question attempted to define the phrases in terms of a “choice” made by sexual minorities. About 40% of both men and women had previously discussed the topic of homosexuality in the framework of school. 69% of men and 46% of women had followed public debates on this question, mostly in relation to other countries.

62% of women thought that homosexuality was a bad thing, whereas 7% saw it as a question of personal liberty. 7% condemned it as “an abomination”. Interestingly, only 4% of women and 9% of men thought that homosexuality was a western invention. About 9% of men and women thought that homosexuality had a place in African culture. 64% of men thought it was a bad thing to be eradicated, an abomination, unnatural etc. 29% of males thought it should be banned by law and 4% considered it to be a matter of personal freedom. 75% of women and 71% of men accepted that homosexuality existed in Burkina Faso. Levels of tolerance were somewhat contradictory. 36% of women and 38% of men said that they would be able to live or work in the same place as a homosexual person, but 72% of women and 84% of men were in favour of the laws against homosexuality that exist in other African countries.

In South Africa, the Human Sciences Research Council (HSRC) has undertaken surveys to document homophobia in public institutions. The Department of Home Affairs (including the police) has had challenges with high rates of homophobia.68

2.7 HOMOPHOBIA AND TRANSPHOBIA

Many experts agree that the term “homophobia” is actually a misnomer, as what is encountered often has the character of prejudice rather than fear as such, and some of the fears that lead people to prejudice may not be of homosexuality as such, but of

66 Pew Global Attitudes study, 2007. Accessed at: http://pewglobal.org/files/pdf/258.pdf 67 HOMOSEXUALITÉ, QU’EN PENSES-TU? Un Sondage d’opinion en milieu universitaire de Ouagadougou, Burkina Faso, QAYN, 2013, http://www.qayn-center.org/ 68 Interview with Mr. Gabriel Hoosain Khan, GALA, Johannesburg 7.2.2013.

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being labeled as gay. Thus, some leading experts (such as Gregory Herek) sometimes use terms such as “sexual prejudice” rather than homophobia, or use the term “homophobia” with reservations. Prejudice - against sexual or gender difference may cover a variety of emotional reactions. Fear and disgust are often prominent among these.

2.7.1 HONOUR, SHAME AND THE FEAR OF LOSS OF STATUS

One hypothesis for homophobia among adult men, associates being sexually penetrated with submissiveness, which is deemed inconsistent with the qualities of manliness demanded of a warrior who can assist in protecting the group. 69 The writer here was not referring specifically to Africa, but to males more generally. The association of shame with a man adopting what is perceived to be the female role is of course not unique to Africa, nor is the idea that it is only the passive, recipient party who is homosexual. 70 As Lawrence Thomas observes “ for human beings, (sexual) penetration is fraught with symbolic significance, not least of which is that penetration is done by persons in power, whatever the power configuration might be. Women do not penetrate with their bodies, and so in the minds of some men the bodies of women do not raise the issue of power in sexual intercourse. … With men, by contrast, the issue of loss of power immediately presents itself; male heterosexuality is as much defined in terms of penetration as it is in terms of anything else .”

Many instances of male situational homosexuality reflect hierarchical social structures and reproduce “heteronormative” roles. Where power relations between men and women are highly unequal, it is shameful for a man to be given the status of a woman. Society and culture may thus attribute no shame to the supposedly dominant, insertive or “penetrating” party, (including not seeing him as homosexual) and give different names to the two persons involved in the sexual act (putatively one involving anal intercourse).

A survey in Senegal revealed that at least three different Wolof words were in use to label men who have sex with men (MSM), among fishermen at sea. 71 The commonly used word “ Gor jigeen ” is not used by the MSM community and is perceived by them as pejorative and even threatening. The word Yoos may be used describe the more dominant, sometimes older and more socially senior partner, who may also be the insertive partner during anal sex. The word Ibbi on the other hand describes those who “are more likely to adopt feminine mannerisms and be less dominant in sexual interactions ”. According to the survey, Yoos do not consider themselves to be

69 http://www.fordham.edu/halsall/med/thorp.asp . Admittedly, this reference is to Aristotelian Greece rather than modern Africa, but the difficulties of overtly masculine environments in accepting homosexuality are well known in many cultures. 70 See for example Mc Kee Irwin, Mexican Masculinities, University of Minnesota Press, 2003. 71 Niang, Niang, Moreau, Gomis, Diouf Seck, Wade Tapsoba & Castle, 2002: Meeting the Sexual Health Needs of Men Who Have Sex With Men in Senegal, Institute of Evnironmental Sciences, Cheikh Anta Diop University, Senegal National AIDS Control Council (CNLS), Horizons Program

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homosexuals. As with heterosexual relationships, there is often a relationship of unequal power between the parties, with one (typically the Yoos in the above context) being older, more powerful and / or wealthier, providing financial inducements or benefits. Beyond these broad categories, there are additional subcategories based on age, status, and type of relationship. These categories can risk overemphasizing one kind of sexual behaviour between MSM and playing into a mobilization of disgust. 72

Patterns of this kind show similarities to those found on the Swahili coast of Kenya and Tanzania, where the less dominant, perhaps receptive partner is referred to as a shoga, the insertive as a basha . The same pattern is found among Hausa in Northern Nigeria, where masu harka take on the masculine role in relation to typically effeminate “ yan daudu .” As the Senegal report points out, identification with a particular group is not a good predictor of individual sexual practices. Some may preserve the appearance of only being Yoos , while occasionally adopting the role of an Ibbi in secret. Ibbis may have a junior partner with whom they adopt the senior, dominant role of a Yoos .

Thomas observes that male identity is inherently more fragile than female. He posits that female identity is defined above all else not by the receptive role in intercourse, but pregnancy and childbirth. A man who is not interested in penetrating, or opts for being penetrated, rejects male identity by rejecting “ the only thing that is truly definitive of manhood .” There is no shame for the male who penetrates another male while in prison because he is doing his best under the circumstances. Shaming persons merely on account of their belonging to a certain group typically bespeaks a fear of losing what one takes to be a defining feature of one’s self-identity. A further hypothesis is that homophobia is explained by fear on the part of the homophobic person of his or her own homophilic feelings. As noted by researchers since Kinsey, these exist to a greater or lesser extent in most human beings. 73

Shaming that is based on a fear of being perceived by others as gay may be particularly dangerous, as it has the potential to give rise to “witch-hunts” and violence are used to demonstrate or perform group identity. US research confirms that some men use hostility and violence to homosexuals to reassure themselves about their own sexuality. 74 In the context of South Africa, psychologist and researcher Kgamadi Kometsi explored masculinities and their links to power, violence, HIV / AIDS sexual promiscuity and self-esteem for South African men. 75

Homophobia or sexual prejudices are not confined to heterosexuals. They are also manifested internally in LGBTI persons. The scholar and activist Gregory Herek found that fewer lesbians (in the USA) suffered from internalized negative feelings regarding

72 http://www.good.is/posts/gay-sex-is-not-anal-sex 73 One example cited recently is the controversy surrounding UK Cardinal O’Brien’s alleged sexual advances towards young priests and his admissions of impropriety has been contrasted with his record of strong condemnations of homosexuality. This is consistent with particular condemnation of what are felt to be the vices that are most tempting and threatening. 74 http://www.nytimes.com/1990/07/10/science/homophobia-scientists-find-clues-to-its- roots.html?pagewanted=print&src=pm

75 (Un)Real, University of Pretoria, AIDS review 2004.

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their sexual orientation than gay men. This is consistent with the greater importance attached to identity by men and Thomas’s observations as to the fragility of masculine identity. Despite the close relationship between conceptions of masculinity and prejudice and even violence against LGBTI persons, much gender programming does not yet address masculinity (masculinities). This is discussed in Chapters Six and Seven below.

Researchers and traditional leaders interviewed in Burkina Faso also mentioned other fears. Among uneducated people in some communities there were sometimes fears of anyone who appears different, such as albinos or twins. LGBTI persons might also be feared in this way, leading to stigma that could sometimes lead to violence. The fear that homosexuals may be responsible for child sexual abuse is discussed below.

2.7.2 DISGUST The American philosopher Martha Nussbaum has written about “the Politics of Disgust” in anti-homosexual movements in the USA. Mobilization of feelings of disgust is evident in the wildly exaggerated focus on sex of pastors such as Martin Ssempa in Uganda, who deliberately associaties homosexuality with excretion in a way that is calculated to provoke disgust. 76

Some conservative thinkers 77 have even posited that a dislike of (male) homosexuals may be evolutionary, linked to risks of disease associated with homosexual promiscuity or anal penetrative sex. 78 Such speculations can be rejected as unverifiable “just so” stories or discussed as hypotheses. In theory, they might not necessarily be an expression of prejudice. In practice, they are likely to be used that way, and there is no doubting the power of this emotion. Nussbaum points out that disgust at male-male sex is not universal in human beings, and can be overcome. She sees the mobilization of disgust as a denial of truths about the human condition, and dangerous because it blocks the possibility of empathy for other persons, denying their humanity. 79 Lesbianism does not seem capable of provoking the same level of antipathy. Facilitation of calm discussion of physical, bodily realities may thus be a powerful antidote to attempts to mobilize disgust. In previous times, emotions were raised against the idea of interracial marriage or sexual relations. 80

Although HIV / AIDS has generally not been seen mainly as a disease of gay men in Africa, this association is not completely absent. LGBTI organizations are aware that MSM projects targeting male sex workers may lead to homosexuality being associated

76 The scenes of this pastor displaying homosexual hard pornography to an Evangelical Congregation (including children) in Kampala became an infamous “viral” hit on youtube. 77 See Thomas and Levin, Sexual Orientation and Human Rights, 1999, Rowman and Littlefield. 78 On disgust at fa http://www.bbc.co.uk/science/humanbody/mind/articles/emotions/disgust.shtml 79 This recalls the notorious statement of Zimbabwean President Mugabe about homosexuals being “worse than pigs and dogs” that has been repeated and echoed by numerous other political leaders. See Chapter four below. 80 See e.g. http://www.ohs.org/education/oregonhistory/historical_records/dspDocument.cfm?doc_ID=16C5ABED-9813- 9D2E-ED436C14E69E026B

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with promiscuity and disease. There is a vicious circle of MSM and transwomen being stigmatized, circulating in urban underground environments and being pushed by poverty and the temptation of easy money or gifts into sex work. It is in these environments that blackmail and extortion also typically arise. Some aspects of HIV / AIDS programming are discussed in the final two chapters of this study.

2.7.3 IGNORANCE During the country visits, many experts, especially those working with health, stressed widespread popular ignorance of many aspects of sexuality and sexual health. In some contexts, even some health workers might not understand how HIV is or is not transmitted. A lack of visibility of LGBTI persons, itself partly the result of legal prohibitions and social taboos, perpetuates ignorance and makes proactive attempts to combat fear more difficult. Turning these negative cycles into positive ones is the greatest single challenge to progress on LGBTI rights. 81 A great many unsubstantiated rumours, half-truths and outright lies are allowed to flourish in conditions of poor understanding and a lack of information about sexuality in general and SOGI issues in particular. Even well-educated Ugandans spoken to repeat urban legends put about by sensationalist media or fundamentalist pastors as truths (that most gay men have to wear diapers, that LGBTI organizations are “recruiting” children that levels of homosexuality are increasing dramatically etc).

2.8 THE ALLEGED “RECRUITMENT” OF CHILDREN The problem of “defilement” of underage girls is a serious and well-known problem in many African countries. Ugandan parents faced with the threat of “defilement” of children (forced or statutory rape) may be fearful of other real or perceived threats to their children. Failing to recognize these fears would be a mistake. There is no disagreement that the acts of pedophiles who try to tempt minors into giving sexual services in return for goods, services favours etc should be investigated and severely punished.

Pedophiles often do abuse children of their own (most often male) sex. This is often misinterpreted to imply that persons who practice adult consenting homosexuality are likely to abuse minors. In other parts of the world, research has disproved any allegation that homosexuals are any more likely to target minors than heterosexuals are. 82 The slur that homosexuals are engaged in campaigns to “recruit” children originated in the USA in the 1970s.83 Unfortunately, in the early 1990s, the international movement for LGBTI rights was set back by the failure of the ILGA to act in time to exclude an organization

81 Interview with Mr. Modeste Yaméogo, UNICEF Burkina Faso, 31.1.2013. 82 McConaghy, N. (1998). Paedophilia: A review of the evidence. Australian and New Zealand Journal of Psychiatry, 32 (2), 252-265. 83 The first use of this term seems to have been by the born again Christian singer and political activist Anita Bryant in 1977 in Florida. See: Gay Rights and Moral Panic: The Origins of America’s Debate on Homosexuality. Fred Fejes, Palgrave MacMillan New York, 2008.

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advocating pedophilia from its membership. This cost ILGA its observer status at the UN, which was not regained until 2006. 84

The “recruitment” allegation was repeated in Uganda in connection with the visit by US Evangelists in 2009. In some contexts, public statements of this kind would fall foul of anti-hate speech legislation. 85 In Uganda unfortunately, they are part and parcel of public debate. Pastor Martin Ssempa publicly used this allegation in a press conference, the notorious Rolling Stone newspaper wrote about it in articles calculated to whip up fear. Unfortunately even the Church of Uganda statement on the AHB referred explicitly to “recruitment”, and President Museveni did the same in a BBC interview. 86 Opponents have repeatedly challenged religious fundamentalists in Uganda to produce evidence of recruitment. They have never been able to do so. SMUG and defenders of LGBTI rights – in Uganda as elsewhere in the region - make their condemnation of pedophilia clear on all possible occasions, but others shout louder.

In 2012, the Uganda Human Rights Commission (UHRC) considered carrying out a study into these allegations. This would require a calm and highly professional approach to research methods and public communication to avoid contributing to myths and misperceptions. (I.e. it would have to be careful to avoid misrepresentation by extremists.) It would have to clearly define what is meant by “recruitment”, distinguishing it from the provision of information, facilitation of discussion or advocacy for tolerance. It would have to live up to high standards of rigour in evidence gathering, consultation and assessment, and it would demand that the Commission carefully manage communication with the public during and after the study. Under the right conditions, it could potentially lead to a clearing of the air. In the wrong ones, it could become extremely difficult to remain objective and calm.

2.8.1 FEAR OF “PROMOTION” OF HOMOSEXUALITY

When does providing information to young people who think that they may be gay or transgender become “promotion”?

The danger of setbacks and backlashes is particularly large in regard to information targeting young people. Some Evangelicals and anti-LGBTI campaigners sometimes confuse “recruitment,” “promotion” and advocacy and outreach activities, particularly those intended to reach young people. Some religious conservatives may view any tolerance of homosexuality – especially among young people - as “promotion” or even “recruitment” - luring children into sexual abuse. Extremists deliberately play on this confusion. A religious conservative may be unlikely to accept that an organization that provides supportive counselling to teenagers to accept their own sexuality or to come

84 http://www.un.org/News/Press/docs/2006/ecosoc6242.doc.htm 85 I.e. Canada: see http://www.scc-csc.gc.ca/case-dossier/cms-sgd/sum-som-eng.aspx?cas=33676 86 http://www.bbc.co.uk/programmes/p00nw591

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out has not “recruited” a child into homosexuality. SMUG Uganda representatives told how fears like these make it almost impossible for them to have cooperation with any NGOs that work with young people. Workers at Ishtar, a Kenyan NGO working against HIV / AIDS said that they were able to get permission to sensitise students at university level, but not in schools. 87

Development partner organizations are likely to be included among those accused of “promoting” homosexuality, as happened in statements like this one by proponents of the Anti-Homosexuality Bill in Uganda: “In the early months of 2009, information came to light that our children were being molested and recruited into gay activities (homosexuality and lesbianism). This was being carried out by well-organized and well- trained homosexual groups operating in our schools and institutions of higher learning with funding and backing from some Western governments and international organizations .” 88

One example of a programme where development organizations were brought into the fray was the UNICEF supported handbook for teenagers in Uganda. UNICEF sponsored the production and distribution of a “Teenagers’ Toolkit” in Uganda. This was criticized by conservatives, including the Minister for Ethics, because of its supportive tone and message in relation to young people who experience same-sex attraction. 89 (The section dealing with same-sex attraction was short and by no means overemphasised in the publication.) Battles such as this concerning sex education closely mirror similar struggles in the USA. One of the critics of the publication was Steven Langa, a close associate of the US preacher Scott Lively in connection with the March 2009 Kampala conference that led to the drafting of the Anti-Homosexuality Bill (see below).

It is obvious that work with schools or young people in this area is sensitive, and depending on the context, risks being misinterpreted. Sequencing of programmatic and development initiatives is important, so that any such activities are preceded by dialogue and the reaching of certain understandings among parents and community leaders. Especially for hierarchical structures, dialogue in local settings needs to be linked to or preceded by national dialogue, and this needs to occur outside the glare of media where people defensively maintain their positions and try to gain support. Nevertheless, certain risks have to be taken. As a representative of UNICEF in Burkina Faso pointed out, discussion of FGM was taboo not long ago, and this has been broken largely as a result of development programming that recognized and took advantage of the high levels of tolerance in the country, bringing religious leaders into the discussion.90

87 Notes on interview with Peter Njane and Jeffrey Walimbwa, Ishtar, Nairobi, 20.2.2013 88 http://sebaspace.wordpress.com/2012/11/09/a-freshly-rejuvenated-uganda-homophobic-lobby-goes-to-work/ 89 http://www.newvision.co.ug/D/8/12/676939 90 Interview with Mr. Modeste Yaméogo, UNICEF, Burkina Faso, 31.1.2013.

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2.9 BEHAVIOUR AND IDENTITY, PRIVATE AND PUBLIC SPHERES

2.9.1 SEXUALITY, THE PRIVATE SPHERE AND THE USES OF DENIABILITY

It is probably exaggerated to claim widespread acceptance of sexual and gender non- conformity in pre-colonial African societies. As shown below, Ethiopia, which was not greatly touched by colonialism, shows only 2% of the population being accepting of homosexuality (though Ethiopia has very old Christian and Muslim traditions). Members of some African societies appear at times to be more open and frank than some western societies on discussions of bodily functions, including sexuality. Descriptive openness may not amount to normative acceptance. While the (European imported) law and morality typically punishes behaviour rather than identity, traditional African attitudes may often require conformity on the levels of norms and identity and be more tolerant in relation to behaviour, particularly of those in positions of power. 91 “Don’t ask don’t tell” has been practiced for a long time in Africa.

A Botswanan man is cited as saying that: “ What a man does, what he wants to do, what his self-concept is and the way he leads his life are four different but related things. ”92 Likewise, a medical doctor interviewed in Burkina Faso pointed out that very few people are very open about matters of sexuality: “Even the most honest person in the world will not tell you the truth when it comes to sex ”. Families and communities may often be willing to turn a blind eye to discreet marital infidelity, whether heterosexual or homosexual, particularly by persons enjoying high status, as long as family obligations are met. One key informant in Burkina Faso said that poor people often view homosexuality as “an illness of the rich”. 93 The misuse of sodomy legislation in order to blackmail suspects for money reflects the concern with identity and reputation (see Chapter Six).

While divergences between behaviour and public admission may be seen as hypocritical, they serve the social purpose of maintaining peace and accommodating contradictory impulses. A reduction of the space for “hypocrisy” may force people to take definitive positions where they might have preferred to maintain some space for creative flexibility. HIV / AIDS workers are well-aware of the importance of the behaviour / identity distinction in their attempts to combat infections. The phrase “ men who have sex with men ” was coined by them to describe same sex behaviour, as opposed to gay identity.

91 See Epprecht, 1998, Journal of Southern African Studies. 92 Dunston and Palmberg 1996 93 Interview with Mr. Modeste Yaméogo, UNICEF, Burkina Faso, 30.1.2013

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2.9.2 THE IMPORTANCE OF SYMBOLS AND RESISTANCE TO SEXUALITY INTO THE PUBLIC SPHERE The open proclamation of sexuality – even of the heterosexual kind – may be what particularly strikes people as culturally foreign. The open display of sexuality that many people associate the LGBTI rights movement are easily linked to the overt sexuality of western commercial culture. Both are lumped together as a threat to the family and to African values. HIV / AIDS workers in Burkina Faso said that LGBTI people sometimes offend sensibilities through public acts, such as acting in a gender non-conforming manner, making sexual gestures or showing affection in ways that even most heterosexuals would not. President Museveni of Uganda’s invocation of this argument is discussed in Chapter Four. According to informants, public displays of affection in Wemtenga in Ouagadougou in 2012, led local residents to force a group of MSM out of their house and neighbourhood. The implications that this may have for the strategies of LGBTI organizations are discussed in Chapters Seven and Eight. It is possible that assurances to the authorities that such overt displays will not take place can ease the way to official acceptance.

The HIV / AIDS workers in Burkina Faso thought that words (a person saying that he or she is LGBTI) might be less risky than gestures. Nevertheless, even certain words, without any overt behaviour, may violate cultural norms. Some scholars emphasise the strongly oral element of African cultures. 94 Verbalization can represent a shift from the sphere of (deniable) private behaviour to public discourse and identity. Activists and foreign well-wishers need to navigate these waters with great sensitivity. The battle concerning decriminalization is highly symbolic. Decriminalization is understood as tantamount to social acceptance. It is interesting to observe that Danish lawmakers in the 1930s had the exact opposite understanding, but also wanted to avoid publicity regarding same sex behaviour. 95

Open toleration of homosexuality is used as a symbol of succumbing to licentious, decadent western culture, an abandonment of all self-restraint in sexuality. In this vein a senior Ugandan official wrote that “this alleged right is pure sexual hedonism or the relentless pursuit of sexual pleasure for its own sake ”. 96 As described in Chapter Four below, Ugandan President Yoweri Museveni also evoked the Uganda martyrs in a speech in 2010 as the polar opposite of licentious homosexuality.

2.9.3 THREATS TO THE MORAL UNIVERSE As well as posing threats to social status, homosexuality and gender non-conformity can threaten the moral universe. The monotheistic religions provide a framework for the understanding of life and the world, in which gender plays an important part (“male and female he created them” Genesis 5:2). According to the anthropologist Constance

94 Engelke 1999, op cit. 95 See infra, Chapter 5. 96 J.s. Mayanja-Nkangi, Kampala (Chairperson of the National Land Commission) New Vision (Kampala) OPINION 16 December 2007,

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Sullivan-Blum, “ The Genesis narrative presents gender as one of the primary ways by which God orders creation. As such, the possibility that Christianity might embrace same- sex marriage is profoundly destabilizing to the Evangelical worldview .” 97 The role of religion is explored below.

The problem of violence against LGBTI, and particularly lesbians in South Africa, though its perpetrators are seldom religious, would seem to exemplify these two tendencies. The perpetrators of the rather offensively named “corrective rape” are, according to some studies, often either young black men in townships whose social and economic status is threatened and who are unable to fulfil cultural requirements of masculinity. 98 Some rapists come from the families of lesbian women, feeling that her identity expression and conduct affront their expectations of her. 99 More overtly masculine lesbians 100 and more effeminate men are said to be at greater risk. 101

2.9.4 NORTHERN PUBLIC DEBATES AND SAME-SEX MARRIAGE

“In the end, you’ll succeed in imposing this on us too ” Health official involved in HIV / AIDS programmes, Burkina Faso 102

International human rights law currently contains no state obligation to make same sex marriage available. 103 There is thus no obstacle to assuring African governments and the public that decriminalization is not tantamount to permitting same sex marriage.

Fear of destruction of the family is invoked in both Northern and Southern countries as an argument against same-sex marriage. Few African LGBTI activists or human rights campaigners outside of South Africa make same sex marriage an issue, let alone a priority. Legal recognition of same-sex marriage is a distant prospect for most African societies. Nevertheless, globalization has brought North American and European debates on same-sex marriage into the everyday consciousness of the urban and educated Africans who have most power in society. Thus, in almost every recent constitution making exercise in Africa, same-sex marriage has been addressed and in several cases excluded. 104 In Ghana and Kenya, two countries that have seen significant

97 Hassett, 2009, makes this citation from a conference paper with the folowing reference: Sullivan-Blum, Constance R. 2002 “The Two Shall Become One Flesh”: Why Same-Sex Marriage Threatens Evangelical Christians. Paper presented at the Biennial Meeting of the Society for the Anthropology of Religion, Providence, RI, April 2002 98 Thanks go to Mr. Pierre Brouard, Centre for the Study of AIDS, University of Pretoria, South Africa, for these and other insights. 99 http://www.consultancyafrica.com/index.php?option=com_content&view=article&id=749:perpetrators-of-corrective- rape-uncertainty-and-gender-in-the-21st-century-&catid=59:gender-issues-discussion-papers&Itemid=267 100 HRW 2011, p.12. 101 Interview with Mr. Lee Mondri and Mr. Jon Campbell, HIVOS, Johannesburg, 7.2.3013. 102 Personal interview, Ouagadougou, Feb. 2013. 103 UN Human Rights Committee: Ms. Juliet Joslin et al. v. New Zealand, Communication No. 902/1999, U.N. Doc. A/57/40 at 214 (2002), ECHR caselaw, includng Schalk and Kopf v Austria (2010), Gas and Dubois v France (2012). 104 Examples include: Report of Ghana’s Constitution Review Commission, December 2011 and Government White Paper, June 2012 (W.P. No. 1/2012), Kenya (2010), Zambia (2009 – 2013), Zimbabwe (2013), COPAC, Final draft of 31.12013,, Malawi, Report of the Law Commission (No. 8), Aug. 2007 (p.32). Uganda revised its constitution in 2006 to make same- sex marriages illegal. The draft of Burkina Faso’s new constitution reportedly also excludes same-sex marriage.

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constitutional development and democratic progress, formulations were adopted that neither recognize same sex marriage, nor definitively close the door on it. Thus the 2010 Kenyan Constitution provides (Art. 45 (2) that “ Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties .” Scholars such as Makau Mutua argue that this, taken together with the interpretation of other parts of the Constitution’s Bill of Rights, could permit recognition of same sex marriage. 105

Those opposing decriminalization often equate decriminalization with same-sex marriage in public debates. At times this appears to be a deliberate obfuscation. Sheikh Mohammed Dor, the Secretary General of Kenya’s Council of Imams, opposing the KNCHR’s recommendation to decriminalize homosexual acts, said that the country’s Constitution does not permit same sex marriages. 106 During the 2009 – 2010 UPR review of Kenya, several countries made recommendations to Kenya to decriminalize same-sex sexual relations. None of them specifically called for recognition of same-sex marriages. Nevertheless, the Government of Kenya’s response was that same sex unions were culturally unacceptable in the country. 107 The word “union” is sufficiently broad and ambiguous to cover both sexual liaisons, civil partnerships and marriage, making it useful for purposes of obfuscation.

It is probably true that activists will demand same sex marriage in their campaigns for equality in the longer term if they are successful with more immediate aims. Nevertheless, since many gay and lesbian people in Africa are likely to be in heterosexual marriages, even a hypothetical legalizing of same sex marriage would be unlikely to lead to many actual marriages at present. While it may be true that a more permissive social environment generally will correlate with a loosening of marital bonds, there are few credible grounds for a direct link between same-sex marriage and a weakening of conventional marriage. However, demonstrating that such fears are baseless is often less a matter of rational proof than of allaying fears.

2.9.5 AFRICAN CUSTOM Discussion of same-sex marriage, if it takes place, will, at least for some, likely take place according to an African cultural and social template of what marriage means, rather than a contemporary western one. Thus, as discussed above, even if fewer African marriages are of this type today than in the past, marriage is often the outcome of a negotiation between families, sometimes takes place between an older man and a younger woman, where gender roles of the two are clearly understood.

To illustrate this slightly crudely, consider how the debate on same-sex marriage would have a different character if we were discussing the giving away of a teenage boy to an adult man, negotiated by the parents of the two parties, where the agreement is sealed

105 Daily Nation, May 12 2012. 106 http://en.radiovaticana.va/in2/articolo.asp?c=586472 107 UNGA Document A/HRC/15/8

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by the payment of money or cattle to the “bride’s” family, where the two parties have unequal rights in the relationship, including the possibility that more wives might be brought into the family. When the cultural expectation of a man is that he be strong, forthright and capable of providing sustenance and offspring, it is not surprising that emotional reactions to the idea of a male wife are often strongly negative.

Conversely, African customary law is noted for its flexibility and adaptability. Customary authorities in recent times have been reported as hostile to homosexuality and gender non-conformity. 108 (See Chapter Six). Especially in the democratic conditions of South Africa, minorities are combining democracy and human rights with custom and culture to challenge the monopoly of traditional leaders on the interpretation of custom. An interesting example of this was seen when a marriage recently took place between two young Zulu men in South Africa, using customary ceremonies to invoke the protection of ancestors. 109 Other Zulus have entered into marriages where gender roles prevailing in the society generally are reproduced – thus with one party adopting the role of a traditional wife - and customary rites and beliefs maintained. 110

Even if same-sex marriage remains off the agenda for most African LGBTI and human rights organizations, (usually sensationalist) media reports of same sex marriage ceremonies have often been the spark that set off controversy as seen in Nigeria in the 1990s, Malawi in 2010, Uganda as early as 1999 and Zambia in 2013. On some occasions, these reports have led to serious violence, as in Senegal in 2008 and Mtwapa in Kenya in 2010. 111

Based on discussions during the missions, most representatives of LGBTI organizations are unlikely to advocate public displays of sexuality or public announcements of same- sex marriage ceremonies that have been conducted. As discussed above, it is generally not LGBTI organizations that link decriminalization to same-sex marriage in Africa, but their opponents. Sometimes individual LGBTI people do flaunt sexuality or gender non- conforming behaviour. Whether this provokes amused toleration or hostility and outrage depends on context. At times, these displays may be a step on the way to greater acceptance. In other contexts, they can lead to violent reactions, as seen above. The question of public events is discussed in Chapter Six.

108 http://gbcghana.com/new_site/index.php?id=1.483553 109 http://www.youtube.com/watch?v=jH-D0Pk_3Ws 110 Stephanie RUDWICK, Nordic Journal of African Studies 20(2): 90–111 (2011), Defying a Myth: A Gay Sub-Culture in Contemporary South Africa, University of KwaZulu-Natal, South Africa

111 Senegal: http://www.huffingtonpost.com/2010/04/12/gay-mens-bodies-desecrate_n_533916.html , Uganda: http://news.bbc.co.uk/2/hi/africa/460893.stm , Kenya: http://www.nation.co.ke/News/-/1056/860810/-/vqhvrh/- /index.html , Zambia: http://www.zambianwatchdog.com/pf-govt-orders-arrest-of-same-sex-marriage-couples-in- zambia/ , and Malawi: http://www.nytimes.com/2010/02/14/world/africa/14malawi.html

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2.10 MEDIA: VIEWS OF KEY INTERLOCUTORS ON VISIBILITY AND PUBLIC SENSITIZATION

2.10.1 GOVERNMENT OFFICIALS A government Minister interviewed in Burkina Faso felt that in the current context in the country it was best to start by sensitising particular groups – mostly by state agents - rather than the public at large, which might give negative reactions. The wish to maintain state control seemed to be symptomatic of a certain lack of trust between the government and non-governmental actors, also seen in the reluctance to permit LGBTI identified NGOs to register (see Chapter Six). In accordance with this, officials had at times blocked television and radio programmes on the subject directed at the general public. The recent arrest of a Zambian HIV / AIDS activist who called for decriminalization is discussed in Chapter Six. Print media has faced fewer constraints.

2.10.2 JOURNALISTS

Within the state electronic media, journalists were at times directly forbidden by their superiors from addressing these issues, more often a culture of self-censorship prevailed, particularly at senior levels. Self-censorship and taboos make it hard to separate risks for interviewers, interviewees, politicians and public order. Each of these concerns might have more or less validity, but as long as they are joined together and not examined individually, progress in media will be difficult. A journalist interviewed suggested that in Burkina’s context, radio would be less risky for interviewees.

Most often, sober and responsible discussion – especially in print media - has not led to disturbances, whereas “yellow journalism” with sensationalist reports of gay weddings and “increases in homosexuality” has. Irresponsible and sensationalist radio programmes led to serious violence in Mtwapa in Kenya in February 2010. 112 Sensationalist and misleading articles concerning a party that had taken two years previously caused a wave of violence and repression in Senegal in 2008. 113 Even fairly neutral reporting can nevertheless lead to serious consequences for activists. Representatives of LGBTI organizations in Sierra Leone were forced out of their homes by family after a radio appearance. 114 In Kenya, the media have become more mature in their dealing with these issues. One journalist familiar with these questions recounted how radio staff in 2000 were physically frightened of a transgender person who was interviewed, and comparing this to the situation today. 115 On themes like this however, media are very dependent on funding. Much of the increased openness came from funding of HIV / AIDS related programming.

112 See infra, Chapter Six. 113 See Chapter Six. 114 See references to prideequality.org in footnotes to Chapter Six below. 115 Notes on interview with Mr. Patrick Rukwaro, Internews, Kenya.

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2.10.3 LGBTI ACTIVISTS

From the point of view of LGBTI activists, media exposure is a double-edged sword that requires skill in choosing which journalists are sober and reflective enough – even if not sympathetic - to handle this subject, as well as in responding to questions and explaining issues. Experience shows positive and negative examples of media appearances and reporting. A spokesperson for the country’s NHRI on the programme did not seem to have been adequately prepared for the complexity and sensitivity of this question. 116 More positive examples are the 2011 interview with the Malawian CEDEP activist Gift Trapence 117 , the Ugandan activist Pepe Onziema 118 or the 2012 TV interview with Kenyan activist David Kuria Mbote 119 , who despite difficult questioning, were able to respond well and counter many accusations and misperceptions. 120 GALA in South Africa stressed the importance of organization and visibility for accessing funding opportunities and public spaces.

It has been remarked by observers in a number of countries 121 that even predominantly negative media discussion can open up public discussion and break taboos. Commercial media organizations, in Africa as elsewhere, are aware that this controversial subject can sell newspapers and attract viewers. Essien and Aderinto found that: the Ghanaian press “… by capturing the voices of both support and dissent, and making such views accessible to a wider public… created a platform for Ghanaians and the rest of the world to express opposing views and to engage verbally with each other .”

2.10.4 A FILM DIRECTOR Mme. Fanta Regina Nacro, well-known film director in Burkina Faso, who has been praised for her work in sensitizing the public towards a greater understanding of controversial issues including HIV / AIDS, marital rape, domestic violence and the position of women in society provided valuable insights. Her view was that there is too much emphasis on the sexual aspect of LGBTI issues.122 Film and drama can show the complexity of the issue, showing that relationships of LGBTI people may be just as much about love, affection and intimacy on a number of levels. While one film will not change everything, a story that touches people can make a valuable contribution. Further work must take its outset in people’s tolerance and their wish to understand more. Even the

116 See Chapter Six on the HRCSL under NHRIs. 117 http://www.youtube.com/watch?v=sXqpv6g6xeQ 118 http://www.youtube.com/watch?v=LKP-PUAI96U 119 http://www.youtube.com/watch?v=Tmh8jGw1Q_c 120 http://www.youtube.com/watch?v=sXqpv6g6xeQ , accessed 29.5.2013 121 Uganda: notes on discussion with Frank Mugisha of SMUG, Copenhagen, October 2012. Zimbabwe: Dunton and Palmberg (1996, op cit) and Ghana: Essien and Aderinto, “Cutting the Head of the Roaring Monster”: Homosexuality and Repression in Africa, African Study Monographs, 30(3): 121-135, September 2009 121 . 122 LGBTI activists in all three countries visited were of the same view. CEDEP in Malawi has stressed relationships and commitment in its public advocacy. (Meeting with IGLHRC, Johannesburg, 5.2.2013).

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Minister did recognize that people have an intense curiosity about this taboo subject. She noted that when she had made one remark about this issue in a wide ranging public talk, all of the public responses and questions had been about this question.

2.10.5 HEALTH AND HIV / AIDS WORKERS

“You can’t enjoy the fruits of the (human rights) tree unless you have the roots ” – HIV / AIDS activist in Burkina Faso.123

Members of the Burkina Faso AIDSETI network, who have worked with public health and HIV / AIDS prevention for a decade or so, agreed that greater understanding is a key to tolerance, both in relation to HIV / AIDS and MSM. Activists have achieved a significant success in gaining public support for clinics in the communities where they work, and the inclusion of MSM as a MARP in the national HIV / AIDS strategy shows how far they have come. In Burkina Faso, as in some other countries, traditional leaders might double as mayors or members of parliament. The signal given by the Head of State that MSM need to be included as a MARP in the national HIV / AIDS strategy is an important achievement. Local officials and NGO activists are able to use it as a reference point. Government and donors had recognized the key contribution of CSOs, including religious and customary authorities, through the PAMAC programme.

HIV / AIDS activists said that members of local communities often know or suspect that a person is involved in same sex activities. They will often be relatively tolerant about this as long as it remains unspoken. People often have incorrect ideas about LGBTI persons. If they are properly informed, members of the public can accept LGBTI persons as ordinary people like everyone else. They said that in promoting understanding, it is very important to proceed carefully and with sensitivity. An approach that is too blunt or too hurried can be counterproductive, provoking negative reactions. Outreach associations and public officials in Burkina Faso feared that violence of the kind that erupted in Senegal in 2008 could damage the progress made. Violence or threats may make it impossible for community outreach centres to operate, driving MSM underground, putting HIV / AIDS outreach work in jeopardy and increasing risks for MSM, their wives and partners.

In the experience of these organizations, community HIV / AIDS outreach centres often succeed best if they can attract a cross-section of the community to their activities. In the experience of the outreach workers, most MSM appreciate this way of doing things. If an outreach centre becomes “an identity centre” (i.e. associated with a gay identity), many MSM will not want to attend it, for risk of being labelled as homosexual. As long as it attracts a broad public, going to the centre is not synonymous with being gay. Staff at centres had to be trained and aware that they should never do anything that would publicly identify people as “MSM” or gay. These outreach workers thus generally advise

123 Notes from focus group meeting, February 2013.

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MSM to be careful about how they present themselves. If outreach centres become too narrowly identified with MSM, or if MSM come to public information events dressed flamboyantly as women for example, the risk may increase. Activities, clients and NGO staff could all be put at risk if they are not careful. Although this was slightly less of an issue in urban Nairobi, where clients of one centre visited were predominantly male sex- workers, the issue of good relations to neighbours and local police was never far away. During periods of heightened tension (such as election times), it was often wise to keep a low profile.

These activists agreed that once a platform has been built in terms of community outreach, taking the next step and addressing SOGI issues might become more possible. They emphasised the need for care and patience so as not to lose the progress that has been made. Activists in Burkina Faso were relatively unfamiliar with a human rights based approach where expression, the formation of associations and holding of assemblies based on gender identity and sexual orientation, are human rights that the state and society are obliged to respect. They did not oppose the creation of organizations based on LGBTI identity, but neither were they unreservedly in favour. The community activists found these approaches intriguing, but thought that they depended ultimately on community acceptance to succeed. They emphasised that formal permissions will not mean much on the ground without the cooperation of local leaders, whether formal (such as a neighbourhood chef du quartier ) or informal ones such as religious figures or traditional leaders.

Leaders of the PAMAC programme agreed that a Human Rights Based Approach, and the public health approach that has delivered results in terms of community outreach and gains in public tolerance, must complement each other. There is a need to proceed prudently. In Senegal, setbacks had been encountered because of public attitudes. In African states, where police and other public authorities, even assuming full commitment to protecting rights in this area, might lack the resources to do so effectively, they felt that some concessions must be made to the realities of ignorance and social prejudice. Open discussion of homosexuality that is not carefully thought out will provoke reactions by religious leaders, and public opinion can easily become inflamed. Religious leaders had so far been a partner to some extent in combating HIV / AIDS. The existence of a national structure where representatives of different religious and customary groups met and discussed positions (including with state representatives)- the URCB – was seen by some as a moderating influence.

2.10.6 THE BUSINESS SECTOR The scope of this study did not permit an analysis to be undertaken of the business sector in relation to the rights of LGBTI persons. Some observations on employment law and non-discrimination provisions are made in Chapter Six. Some international businesses operating in Africa have adopted strong non-discrimination and pro-inclusion corporate policies at an international level. Some corporations were lobbied by western

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NGOs and social movements to make their position known to the Government of Uganda in relation to the AHB. 124 The passing of such legislation – especially its provisions on the obligation to report on suspected homosexuals – would put corporations and their employees in an extremely difficult situation. Barclay’s bank issued a statement saying that they had made their views on the proposed legislation known to the Government. 125

Beyond steps of this kind though, businesses may be unwilling to rock the boat by going against strongly held views and powerful lobbies. Western banks may not always be willing to take on LGBTI organizations as customers or to employ qualified LGBTI persons. 126

124 http://www.change.org/petitions/citibank-and-barclays-condemn-uganda-s-kill-the-gays-bill 125 http://www.pinknews.co.uk/2012/12/03/barclays-discusses-anti-gay-bill-with-ugandan-officials/ 126 Discussions with activists in Kenya, Feb. 2013.

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While the right to privacy has been a key plank in the characterization of criminalization as a human rights violation, learned commentators note its limitations and potential drawbacks. There may sometim es be an implication that LGBTI persons should confine any expression of this aspect of their identity to the private sphere. 312 This view is seen in the attempts of some countries (notably in Central and Eastern Europe) to ban public expressions of homosexuality without criminalizing same-sex behaviour. (See discussion of freedom of expression in the following chapter.) Other grounds than privacy may be less confining. As Murray and Viljoen put it “ Invoking the right to equality as the basis for recognizing rights related sexual orientation, by contrast, affirms the entitlement of a minority group to full and equal respect. ”313

5.3.1 THE UN HUMAN RIGHTS COMMITTEE The UN Human Rights Committee interpreted “sex” to include “sexual orientation” as a prohibited ground of discrimination in the 1994 Toonen case involving Tasmania (Australia),314 thus relying on equality and non-discrimination grounds , in respect of a right to privacy protected by the UN Covenant on Civil and Political Rights. The Human Rights Committee rejec ted health and public morality as justifications for a criminalization of private homosexual acts. The Committee reasoned that every other part of Australia, a multicultural society requiring accommodation of a diversity of moral viewpoints, had abolished criminal penalties. The federal Australian authorities were critical of Tasmania’s law on the issue. Even Tasmania had not applied them in many years, preventing it from arguing that these provisions were “necessary” to uphold public morality. Scholars noted that it could not be taken for granted that this reasoning would be applied universally. 315 These arguments would be weaker in a context of a homogeneous culture that disapproved of homosexual conduct, and perhaps more so in a state where laws against homosexual conduct were consistently applied. 316 On the other hand, human rights developments since 1994 tend towards a less restrictive interpretation. The Human Rights Committee has expressed “deep concern” about criminalization in its concluding observations to Cameroon and called for its removal. 317 The Committee made the same call for decriminalization to countries including Botswana on its 2008 report 318 , in Malawi in 2012319 and included this question on its list of issues for Kenya to respond to. 320

312 See e.g. Edwin Cameron, Sexual orientation and the Constitution: A Test Case for Human Rights , 110 S. Afr. L. J. 450, 464 (1993) 313 Murray and Viljoen 2007. Op cit. 314 Toonen v. Australia , CCPR/C/50/D/488/1992, UN Human Rights Committee (HRC), 4 April 1994 315 See e.g. Helfer and Miller, Harvard Human Rights Journal no. 9 (1996). 316 Frederick Cowell and Angelina Milon, Decriminalisation of Sexual Orientation through the Universal Periodic Review, Human Rights Law Review 12:2 (OUP). 317 UN Doc. CCPR/C/CMR/CO/4, 4 August 2010. 318 UN Doc. CCPR/C/BWA/CO/1 319 UN Doc CCPR/C/MWI/CO/1, 18 June 2012, see also discussion in Chapter Four. 320 UN Doc. CCPR/C/KEN/Q/3, of 22. 11.2011

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Other parts of the UN human rights system, including the WGAD (see below) have taken Toonen to mean that criminalization is a violation of human rights per se. Other treaty bodies such as the UN Committee on the Elimination of Discrimination against Women have also taken up the rights of LGBTI persons in its examination of some countries, including Uganda. 321 The 2011 resolution of the UN Human Rights Council 322 and the report subsequently made by the UN High Commissioner with its unequivocal call for decriminalization 323 , reinforce the legal basis for considering criminalization a human rights violation under the ICCPR.

This opens the possibility of more complaints based on the Toonen precedent to the UNHRC. Nineteen African states where homosexual sex is penalized 324 have ratified the first Optional Protocol to the ICCPR, permitting individual complaints to be made to the UN Human Rights Committee. These countries are: Algeria, Angola, Benin, Cameroon , The Gambia, Ghana, Guinea, Lesotho, Libya, Malawi, Namibia, Senegal, Seychelles , Sierra Leone, Somalia, Togo, Tunisia, Uganda and Zambia.325

This could have value for advocacy purposes, though it should be remembered that decisions of the Human Rights Committee are not legally binding on states parties to the ICCPR. Depending on the circumstances of the particular country, a decision by the Human Rights Committee could either contribute to a push for decrimi nalization or provoke adverse reactions. For many of the countries above, applicants would have to exhaust domestic remedies. For some, an argum ent could be made on the basis of domestic legal precedents that domestic remedies are unavailable on this issue . In countries such as Cameroon, where there have been a number of prosecutions and convictions, the possibility of finding an appropriate case seems even stronger. Apart from the clarification referred to above however, new cases would not necessarily add to human rights law.

The work of the African Human Rights system has so far not yielded jurisprudence on the issue of criminalization and is discussed in the following chapter. It is probable though that in any case brought before the UN HRC, the particu larities of African human rights law – for example on the right to privacy - would be invoked.

5.4 DECRIMINALIZATION THROUGH CONSTITUTIONAL PROCESSES In South Africa, political advocacy by LGBTI organizations in the constitution-making process set the stage for abolition of criminal penalties by the judiciary and the later adoption of far reaching legislation providing for the equal rights of sexual minorities. In hindsight, South Africa could easily have missed this opportunity. The ANC was far from

321 CEDAW/C/UGA/CO/7. More generally, see: General Comment No. 2 of the Committee against Torture CAT/C/GC/2, at para. 21; General Comment No. 4 of the Committee on the Rights of the Child, CRC/GC/2003/4, at para.6. 322 A/HRC/RES/17/19, 14 July 2011. 323 A/HRC/19/41 324 IGLHRC, State Sponsored Homophobia, 2012. op cit. 325 Source: UN Treaty Series: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV- 5&chapter=4&lang=en

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unanimou s in its support for the rights of LGBTI . Given that global precedents such as Toonen had not been established at the time of inclusion of sexual orientation in 1993, the achievement is all the more remarkable.

In the first half of the 1980s, there was n o obvious alliance between gay and racial liberation movements in South Africa. Some members and factions of the (then exiled / prohibited) ANC opposed liberalization and adopted the well-known rhetoric of “unAfricanness of homosexuality.” 326 South African LGBTI organizations were dominated by white South Africans who did not wholeheartedly support the liberation struggle. The divide between these two movements was bridged by the efforts of black LGBTI organizations such as LAGO and GLOW and activists such as Simon Nkoli who were also part of the liberation struggle. Sympathizers abroad also played their part, criticizing statements by some ANC representatives for failure to live up to principles of equality shared by most anti-apartheid supporters abroad. Senior ANC leaders such as Thabo Mbeki led the way on equality and combating prejudice, also within their own ranks.327 By the early 1990s, ANC policy had moved to support for constitutional protection against discrimination on the basis of sexual orientation. Advocacy led to a victory for in this position, and the 1996 Constitution made South Africa the first country in the world to constitutionally guarantee equality for sexual minorities, including sexual orientation among prohibited grounds of discrimination. 328 Most other political parties also supported the provision. 329

The broad consultation process regarding the draft constitution showed significant support for equality for sexual minorities that ultimately outweighed opposition to it. 330 The broad and popular process of drafting and debating the constitution and the express prohibition of discrimination against sexual minorities gave the South African judiciary an incontestable platform for its later decisions on decriminalization and same-sex marriage. W ithout this, there can be no certainty that the courts would have felt at ease going against the strongly conservative sectors of public opinion against homosexuality. It cannot be taken for granted that social acceptance will follow from legislation, and even less so from a judicial decision, especially one that is based on rather vague and general international standards. Even with the express constitutional backing in South Africa, there are high levels of private violence against sexual minorities. 331

326 See http://www.petertatchell.net/LGBTI_rights/history/anc.htm 327 Dunton, Palmberg, 1996, p.48. 328 Section 9 (3). 329 Notes on interviews with Mr. Pierre Brouard, Centre for the Study of AIDS, Pretoria, South Africa, Feb. 2013. See also Christiansen, 32 NYU Journal of International Law & Politics 997 (2000), Ending the Apartheid of the Closet: Sexual Orientation in the South African Constitutional Process. 330 Dunton and Palmberg, p. 48 331 See: “We’ll Show You You’re a Woman” Violence and Discrimination against Black Lesbians, and Transgender Men in South Africa, Human Rights Watch, 2011

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Even today , support for the rights of sexual minorities cannot be taken for granted at high levels of the ANC, but legal change appears irreversible, and party discipline is generally made to bear on dissenters. 332 Post-apartheid legislation or jurisprudence adopted in various fields since 1996 includes same-sex equality in regard to dependants’ medical benefits, housing, asylum claims and the adoption of children. Importantly, there was an express recognition that South Africa was a political community of div erse social, ethnic and religious communities. Semi-mystical notions of the nation as a cultural body or a Christian or Muslim nation that have arisen in other contexts 333 , and that demand uniformity, and “moral health” would not have sufficed.

As discussed, many African countries have undergone processes of constitutional review in recent years. Most of them have discussed same-sex marriage, mostly for the purpose of expressly prohibiting it. Ghana’s Constitutional Review Commission reported in 2012 that most submissions to the Commission that addressed the issue clearly opposed giving constitutional recognition to the rights of lesbian and gay persons. Nevertheless, the Commission rejected proposals to explicitly exclude the possibility of same sex marriage, leaving it to litigation at the Supreme Court to resolve issues of this kind. The understanding of the state as a political, religiously neutral (secular) creation may ultimately be the strongest single argument for decriminalization. It should thus be emphasised in debates.

5.5 EXECUTIVE ACTION AND EXERCISE OF PROSECUTORIAL PUBLIC INTEREST DISCRETION The declaration by Mozambique’s Minister for Justice that homosexual acts are not illegal in the country is an example of executive action to improve the lega l protection of LGBTI, in the form of an authoritative interpretative declaration on the law. Former President of Botswana Festus Mogae stated during a BBC programme that he instructed police not to carry out arrests during his term of office. 334 A representative of the Government of Namibia reportedly made a similar undertaking. 335

Reference has also been made to the actions of the President and Attorney General of Malawi, indicating their intention not to prosecute under anti-LGBTI laws. In common law legal systems, Directors of Public Prosecution (DPPs) and State Attorneys often have conside rable discretion in deciding whether or not to prosecute cases, based on their assessment of the public interest, as well as on the sufficiency of evidence. This discretion could be the basis for a policy of not prosecuting many cases of private and consenting adult same-sex relations. The Attorney General of Ghana was quoted as

332 President Zuma’s early condemnation of homosexuality was criticized, leading him to issue an apology. See http://news.bbc.co.uk/2/hi/5389378.stm More recently, he criticized Malawi for arresting gays: http://globalequality.wordpress.com/2010/05/27/zuma-slams-malawi-imprisonment-of-gays/ . In 2012, CONTRALESA, the ANC affiliated organization of traditional leaders submitted proposals to remove “sexual orientation” as a prohibited ground of discrimination in the constitution, see: http://www.mambaonline.com/article.asp?artid=6912 333 Dunton and Palmberg, 1996, p.19. 334 http://www.youtube.com/watch?feature=endscreen&v=iFLc-P4e3Wc&NR=1 , at 1:30. Accessed 29.5.2013. 335 Notes on interview with Mr. Gabriel Hoosain Khan, GALA, Johannesburg, South Africa, 7.2.13.

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saying that the legal prohibition on homosexual acts did not extend to acts done in the privacy of the home. 336 Prosecutorial discretion is often exercised away from the public eye. It is thus not easy to document on this issue. Executive policies or legal interpretations like this could usefully be promoted where formal decriminalization is still some time away.

5.6 LEGISLATIVE PROHIBITION OF “UNNATURAL ACTS” In the light of current sci entific knowledge, the word “unnatural” as used in this legislation cannot be used to mean “not occurring in nature”. As many biologists and naturalists have pointed out, examples of same sex sexuality in nature are abundant. 337 As discussed in Chapter three , “natural” and “unnatural” have normative rather than descriptive meanings based on Christian (Thomist) ideas of natural law. Typically, not all judges or prosecutors in Africa or elsewhere will be aware of this background.

Penalties for so-called “unnatural acts” (meaning anal sex) were increased from 14 years to life imprisonment in Uganda through changes to the Penal Code in the early 1990s in the context of heightened fears concerning HIV / AIDS. This legislation came just some two years before the decision of the Human Rights Committee in Toonen , which explicitly found that the threat of HIV / AIDS did not justify criminalizing homosexual conduct. Section 145 of Uganda’s Penal Code criminalizes both the active and passive parties to the “unnatural act” of sodomy, but the offence would only appear to be committed where the penetration is done with the penis. Thus, the act can be committed between two males or a male and a female, but not between two females. The same is true of section 162 of Kenya’s Penal Code. 338 Under section 73 of Zimbabwe’s Criminal Code on the other hand, the offence can only be committed between two males (“Any male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse ”339 ).

Section 174 of the Ghanaian Criminal Code makes it a misdemeanour “to have unnatural carnal knowledge” of a person, defined as sexual intercourse in an unnatural manner. 340 The wording of this section could be interpreted as meaning that it is only the active party who is committing a crime, though there is no jurisprudence on this.

5.6.1 “INDECENCY” TYPE PROVISIONS Legislation in most of the common law countries prohibits both “unnatural acts” and “indecency” or “gross indecency”, to cover sexual behav iour that does not amount to

336 http://www.dailyguideghana.com/?p=43822 337 Bailey, N.W. and Zuk, M. 2009. Same-sex sexual behavior and evolution. Trends in Ecology & Evolution 24: 439-446 338 Laws of Kenya, Cap. 63, Rev. 2009. 339 Criminal Law (Codification and Reform) Act [Chapter 9:23] Act 23/2004, Sec. 73 340 Sec. 296 (4) of the Criminal Procedure Code states that misdemeanours are punishable by up to three years in prison. This is significantly milder than provisions found in the laws of Uganda, Zambia, Kenya etc.

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intercourse / penetration . Sometimes this is a lesser offence. For example, section 156 of Malawi’s Penal Code 341 provides for a penalty of five years imprisonment for the felony of gross indecency, less than the fourteen years for “carnal knowledge against the order of nature ” set out in section 153. In the well-publicized case involving a same- sex marriage of Steven Monjeza and Tiwonge Chimbalanga 342 , the two were convicted of both offences. The Malawian Court used the Oxford Dict ionary to legally define indecent as meaning to contravene “accepted standards”.

Section 73 of the Zimbabwean Penal Code on the other hand, defines sodomy to include “any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act .”

Some former French colonies that have criminalized same-sex conduct have adopted similarly general language. Article 319.3 of Senegal’s Penal Code prohibits “ improper or unnatural acts with a person of the same sex ”. In Cameroon, the law prohibiting same sex behaviour is actively enforced, with a number of cases of imprisonment in the past decade. 343 344 Article 347 bis of the Penal Code simply prohibits sexual relations between persons of the same sex.

The generality of the law’s wording makes it easier for prosecutors and courts to prosecute and convict, sometimes on flimsy evidence such as allegedly having worn women’s clothes. Thus, should state authorities be inclined to prosecute, there is probably a greater danger of successful prosecutions and convictions under “indecency type” provisions than for “unnatural acts”. 345 According to t he British campaigner Peter Tatchell, a wave of moralistic politics under the Conservative government meant that there were more successful prosecutions for indecency in the 1980s than there were in the 1950s. 346 It is thus important that campaigns for decriminalization do not ignore “indecency” provisions.

A recent report by HRW points toward additional problems with both s odomy and indecency provisions. Where prosecution takes place under these provisions, there is often no complainant. This means that provisions of criminal procedure law that call for the dropping of a case where a complaint is withdrawn do not apply 347 . A f urther problem is that some African countries lack criminal law provisions against same-sex rape. If police prosecute same-sex rape under provisions on homosexual behaviour, there is a conflation of these two entirely different acts, and same-sex rape is t reated differently than rape of someone of the opposite sex.

Even where same-sex sexual behaviour is not criminalized, there are often legal

341 Found online at: http://ppja.org/countries/malawi/Malawi_penal_code_pdf_14611.pdf , 342 See e.g. http://www.amnesty.org/en/news-and-updates/malawian-men-facing-trial-gross-indecency-must-be- released-2010-03-22 343 http://www.amnestyusa.org/our-work/cases/cameroon-jean-claude-roger-mbede 344 http://www.bbc.co.uk/news/world-africa-15871386 345 Both Alan Turing and Oscar Wilde were in their time convicted of gross indecency. 346 http://www.petertatchell.net/lgbt_rights/criminalisation_of_gays/criminal_injustice.htm This information has not been independently verified for this study. 347 HRW, Guilt by Association, March 2013. Available at www.hrw.org

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provisions that could be used against LGBTI persons by police, prosecutors and judges. Thus Article 410 of the Pe nal Code of Burkina Faso criminalizes acts contrary to morality (bonnes moeurs ) that take place in public or in a private place open to public view. The country mission to Burkina Faso did not uncover reports of LGBTI persons being prosecuted under this se ction / article, though all LGBTI and other persons met were acutely aware of the need for discretion. One interviewee stated that some police officers might not be aware that same-sex acts were not criminal. Reference has been made to the Nigerian Same Sex Marriage (Prohibition) Bill of 2011 which not only criminalizes same-sex marriages, but – in one version - would prohibit the registration and operation of any gay organization or club in the country.

5.6.2 UNCONSTITUTIONALITY BECAUSE OF VAGUENESS? There ar e important legal arguments against (especially criminal) legislation containing vague language that calls for subjective assessments of what is “indecent”, “improper” or “unnatural”. It is a long established principle of American constitutional law that criminal statutes (and increasingly even civil obligations) must be sufficiently clear as to allow a reasonable person to know with certainty what kinds of conduct are permitted or forbidden. Legislative provisions that are overly broad give unwarranted aut hority to judges or government officials, creating the risk of arbitrary prosecutions and convictions. They thus lack the essential quality of law and are therefore unconstitutional. 348 Most newer African constitutions underline the fundamental principle of the rule of law and thus contain a basis for recognition of a rule against vague criminal legislation. It is up to lawyers and jurists to develop this principle.

5.7 SOME IMMEDIATE EFFECTS OF CRIMINALIZATION

The country visits and literature review showed that , with the exception of Cameroon, relatively few prosecutions are brought under these laws. Criminalization nevertheless sends a signal to the population that sexual minorities are outlaws. This is often used to justify violence , social discrimination and the denial of other basic rights. Peop le engaging in homosexual behaviour are made vulnerable to blackmail and extortion. Members of sexual minorities are also deprived of legal protection against private attacks against them because they fear arrest o r prosecution on the basis of their sexuality.

Criminalization is used as an argument against the provision of condoms , whether in connection with HIV / AIDS programming generally or in particular settings such as prisons (where HIV / AIDS rates are distu rbingly high) because to do so would be to facilitate the commission of a criminal offence. It is common knowledge among law enforcement and prison personnel that same-sex acts take place in prisons, and the risk of HIV infection is considerable. Despite t his, very few countries facilitate or permit the distribution of condoms in prisons. This is the case even in Burkina Faso, where

348 See http://www.law.cornell.edu/wex/vagueness_doctrine

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homosexual sex is not illegal. According to a USAID AWARE study there, prison officials prohibit condoms in prisons based on a n interpretation of Penal Code provisions that deny enjoyment of civil rights – including sexual relations – to prisoners. 349 In some contexts, there may be a possibility of carrying out strategic litigation on the issue of condom provision in prisons. Given that a great many persons in African prisons are pre- trial detainees, prohibitions on the enjoyment of civil rights may not apply. Another approach could be to try to compel prison systems to comply with a due diligence demand to protect prison inmates ag ainst a demonstrable risk of infection based on nationally or internationally protected health rights.

Gay Kenya Trust has engaged in high quality advocacy by producing a publication outlining the economic costs of criminalization, especially as regards H IV / AIDS. It makes convincing arguments to national policymakers on how prevention and treatment efforts are undermined by criminalization, and show the benefits of engaging MSM communities in prevention efforts. 350

Beyond its immediate effects, criminaliz ation casts a deep shadow over the lives of LGBTI persons that affects all aspects of their lives and on discussion of this aspect of sexuality by society more generally. While decriminalization is in no way a panacea in relation to these problems, it has the potential to alleviate most of them and to permit the carrying out of vital work towards a more enlightened life in this important area of human life.

349 Duvall, Beardsley et al, 2012 op cit. 350 See Kuria Mbote, “Breaking the Wall of Criminalization”, Gay Kenya, 2011.

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order), proportionate (that they do not limit the exercise of the right more than is necessary to achieve the stated purpose and consistent with the values of a democratic society.427 For human rights defenders, it should be seen together with the 1998 UN Declaration on Human Rights Defenders. 428

The author is unaware of any attempt to invoke public order as a ground for denying registration to an LGBTI NGO (this would more typically be invoked in relation to assemblies and other public events). Given the risk of social instability, it is not unthinkable that this could be invoked by a state as a ground. Although not made explicit, it seems to lie behind the refusal to register organizations that express an LGBTI identity in Burkina Faso. The public order issue has not been the object of a decision by the UN Human Rights Committee. It seems very unlikely that the Committee would endorse such a far reaching restriction as the complete refusal of registration. The UN Special Rapporteur on Human Rights Defenders has dealt with a refusal by state authorities to register LGBT NGOs and has addressed communications to states in this regard, though apparently to no avail. 429 If no solution is found at a national level, NGOs should make use of this mechanism. Donor stances on this issue in cooperation countries are discussed in Chapter Eight.

In Kenya organizations could also face difficulties of these kinds, so several NGOs were not officially registered, although the country now has an impressive number and geographical spread of LGBTI NGOs. In Uganda – threats to deregister foreign and domestic NGOs suspected of promoting homosexuality were made in 2012 by the Minister for Ethics. 430 In Botswana, the Southern African Litigation Centre is assisting the LGBTI organization LEGABIBO to seek judicial review of the ministerial decision to deny NGO registration. 431

LGBTI organizations are frequently the victims of what appear to be ordinary crimes, where computers and valuable equipment is stolen. These incidents often appear to coincide in time with arrests and police action. 432 The AHB in Uganda and the Same-Sex Marriage Bill in Nigeria would go a step further than the above examples by explicitly banning associations that support the rights of LGBTI persons. 433 The version of the Bill passed by the country’s House of Representative on 30.5. 2013 appears to be identical to that passed by the Senate in November 2011. 434 This prohibits “ the registration of gay clubs, societies and organizations, their sustenance, processions and meetings .” It also prohibits “ the public show of same sex amorous relationship directly or indirectly ”. At

427 See Generally M. Nowak, CCPR Commentary (N.P.Engel, 2005), p.271-272 428 General Assembly Resolution A/RES/53/144 429 A/HRC/13/22/Add.1, Page 261 430 http://www.bbc.co.uk/news/world-africa-18531948 431 http://www.southernafricalitigationcentre.org/cases/ongoing-cases/botswana-high-court-challenge-to-refusal-to- register-lgbt-organisation/ 432 http://www.towleroad.com/2012/12/ugandan-gay-groups-office-burgled-as-bishop-claims-they-dont-exist.html

433 Uganda: see above. Nigeria: 434 http://jurist.org/paperchase/2013/05/nigeria-house-approves-bill-criminalizing-same-sex-marriage.php

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time of writing, the Bill awaits the signature of the President in order to become law. The Nigerian Commission on Human Rights predicted court challenges to it. 435

6.8.3 FREEDOM OF ASSEMBLY AND PUBLIC EVENTS

In Ghana, an international conference that was planned by LGBT activists was banned by the Government in 2006. 436 The Kenyan organization National Gay and Lesbian Human Rights Commission achieved a significant success in 2012 with the organization of the first “Gay and Lesbian Awards” at City Hall in Nairobi. Activists are optimistic that this will be able to continue as an annual event. Ugandan LGBTI organizations held a Pride Parade for the first time in 2012 in Entebbe.

Some people were arrested by police in connection with the event. Events like this can give publicity to an LGBTI movement, but can also be an obvious target for opponents. Photographs can also bring unwanted publicity to participants who have not openly declared their sexuality. How LGBTI organizations should advise their members in relation to provocative displays of sexuality in public events is a matter of tactics for activists and leaders to discuss. In reality, an insistence on rights comes with a price. In practice, activists must choose the strategies that are more likely to increase the space for the assertion and exercise of their rights. Images of “transgressive” sexuality will tend to confirm stereotypes for some and are likely to make some state officials – even moderate ones – nervous about possible backlashes. (This is of course the case far beyond Africa.) In Zimbabwe, organizations have held other events which are less public, but which have nevertheless become well-known, such as an annual drag show (Jacaranda Queen).

In Burkina Faso, some health workers and officials expressed the fear that freedom of association would be, or would be perceived as meaning that events like pride marches would be held, provoking negative reactions that jeopardize their HIV / AIDS outreach work and might strengthen the hand of religious fundamentalists. As mentioned elsewhere, fears like this can best be countered through dialogue and responsible leadership by CSOs. If LGBTI organizations are brought into the dialogue, they may be able to effectively counter such fears. LGBTI organizations may be able to play a useful role in debating strategy and making their own LGBTI communities more aware of what they consider to be the most productive ways forward to achieve greater public acceptance and in avoiding negative reactions. If Governments want to influence public discourse and expression, they must be prepared to enter into dialogue with LGBTI organizations. Thus freedom of association and a setting aside of personal prejudices on the part of officials are of key importance.

435 http://www.theafricareport.com/Soapbox/nigerian-lawmakers-on-traditions-and-human-rights.html 436 C:\Users\User\Documents\183304 LGBT Udredning Afrika\Activities and additional material\Countries - Africa\Ghana\BBC NEWS World Africa Ghanaian gay conference banned.mht

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TAB 16 Grosso et al. BMC Infectious Diseases (2019) 19:208 https://doi.org/10.1186/s12879-019-3693-0

RESEARCH ARTICLE Open Access Development and reliability of metrics to characterize types and sources of stigma among men who have sex with men and female sex workers in Togo and Burkina Faso Ashley L. Grosso1,2*, Sosthenes C. Ketende1, Shauna Stahlman1, Odette Ky-Zerbo3, Henri Gautier Ouedraogo4, Seni Kouanda4, Cesaire Samadoulougou4, Marcel Lougue3, Jules Tchalla5, Simplice Anato6, Sodji Dometo7, Felicity D. Nadedjo7, Vincent Pitche8 and Stefan D. Baral1

Abstract Background: Stigma is a multifaceted concept that potentiates Human Immunodeficiency Virus and sexually transmitted infection acquisition and transmission risks among key populations, including men who have sex with men (MSM) and female sex workers (FSW). Despite extensive stigma literature, limited research has characterized the types and sources of stigma reported by key populations in Sub-Saharan Africa. Methods: This study leveraged data collected from 1356 MSM and 1383 FSW in Togo and Burkina Faso, recruited via respondent-driven sampling. Participants completed a survey instrument including stigma items developed through systematic reviews and synthesis of existing metrics. Using exploratory factor analysis with promax oblique rotation, 16 items were retained in a stigma metric for MSM and 20 in an FSW stigma metric. To assess the measures’ convergent validity, their correlations with expected variables were examined through bivariate logistic regression models. (Continued on next page)

* Correspondence: [email protected]; [email protected] 1Key Populations Program, Center for Public Health and Human Rights, Department of Epidemiology, Johns Hopkins Bloomberg School of Public Health, 615 North Wolfe Street, 5th Floor, Baltimore, MD, USA 2Research and Evaluation Unit, Public Health Solutions, 40 Worth Street, 5th Floor, New York, NY, USA Full list of author information is available at the end of the article

© The Author(s). 2019 Open Access This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made. The Creative Commons Public Domain Dedication waiver (http://creativecommons.org/publicdomain/zero/1.0/) applies to the data made available in this article, unless otherwise stated. Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 2 of 17

(Continued from previous page) Results: One factor, experienced stigma, included actions that were carried out by multiple types of perpetrators and included being arrested, verbally harassed, blackmailed, physically abused, tortured, or forced to have sex. Other factors were differentiated by source of stigma including healthcare workers, family and friends, or police. Specifically, stigma from healthcare workers loaded on two factors: experienced healthcare stigma included being denied care, not treated well, or gossiped about by healthcare workers and anticipated healthcare stigma included fear of or avoiding seeking healthcare. Stigma from family and friends included feeling excluded from family gatherings, gossiped about by family, or rejected by friends. Stigma from police included being refused police protection and items related to police confiscation of condoms. The Cronbach’s alpha ranged from 0.71–0.82. Median stigma scores, created for each participant by summing the number of affirmative responses to each stigma item, among MSM were highest in Ouagadougou and among FSW were highest in both Ouagadougou and Bobo-Dioulasso. Validation analyses demonstrated higher stigma was generally significantly associated with suicidal ideation, disclosure of involvement in sex work or same-sex practices, and involvement in organizations for MSM or FSW. Conclusions: Taken together, these data suggest promising reliability and validity of metrics for measuring stigma affecting MSM and FSW in multiple urban centers across West Africa. Keywords: Burkina Faso, Social stigma, Sex workers, HIV, MSM, Sexual minorities, Togo

Background evidence-based HIV prevention, treatment, and care ser- Stigma has been defined as processes of labeling, stereo- vices [14]. Stigma affecting populations with dispropor- typing, separation, status loss, and discrimination of in- tionate HIV burden has consistently been associated dividuals or groups [1]. Some theories include both with negative health outcomes throughout the world. In psychological and social dimensions of stigma but ex- Uganda, experiencing homophobic abuse was positively clude discrimination from the definition [2]. Structural associated with HIV infection among men who have sex conceptualizations of stigma recognize that macro-level with men (MSM) [15]. Occupational stigma among fe- forces also compound marginalization by placing con- male sex workers (FSW) in Canada was correlated with straints on affected groups themselves as well as influen- experiencing barriers to healthcare access [16]. In The cing social interactions with affected populations [3]. Gambia, internal and experienced stigma toward people Several stigma types have been characterized and studied living with HIV were associated with poorer [4, 5]. Perceived (also called felt [6], or felt-normative self-reported health [17]. At the public policy level, [7]) stigma refers to the impression or belief that individ- stigma may be related to criminalization of key popula- uals or societies treat people differently due to stigma- tions’ practices and lower levels of funding of specific tized characteristics. Enacted or experienced stigma [8, health services for key populations because they are 9] represents the explicit experience of poor treatment deemed unworthy of assistance [18–20]. on the basis of specific characteristics. Internalized or Reliable and valid stigma metrics are needed to assess self-stigma is the acceptance of one’s perceived lesser correlates of stigma and changes in stigma over time status within society and manifests in low self-esteem, [21] in order to evaluate stigma mitigation interventions self-isolation, and social withdrawal [10, 11]. Finally, an- [22] and assess dose-response associations of stigma ticipated stigma [12] is the fear or expectation of dis- with health outcomes. However, there are several gaps in crimination. This is distinct from stigma toward oneself the research literature on measuring stigma specifically and involves worry by the stigmatized individual, which among key populations. This is especially the case across may or may not be based on others’ actual actions. Sec- Sub-Saharan Africa (SSA) [23–28]. Previous studies have ondary [13] or courtesy stigma [5] occurs when people often focused on investigating stigma from others’ per- associated with the person being stigmatized are also ex- spectives rather than from MSM and FSW themselves posed to stigma. Finally, intersecting or compounded [29, 30]. Additionally, many existing studies using or stigmas is the experience or perception of multiple evaluating metrics have focused on assessing forms of stigmas, such as that stigma often experienced HIV-related stigma among key populations [31], though related to identifying as gay or openly living with Human fewer in these contexts have focused on stigma related Immunodeficiency Virus (HIV) [4]. to selling sex or same-sex sexual practices, identities, re- After years of consistent data, there is consensus that lationships or communities [32–37]. Existing studies social and structural factors, including stigma, potentiate have often been completed in high or upper middle in- HIV risks by limiting the provision and uptake of come countries [35, 38–41]. In a recent systematic review Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 3 of 17

on stigma measures, only three articles included both Type of study MSM and FSW participants [42]. Of seven articles meas- Details of the study procedures have been previously re- uring stigma reported by FSW study participants, five ported [56–66]. Briefly, the original purposes of these were about perceived stigma, one was about internalized studies were to develop population-based estimates of stigma, and one was about experienced stigma. These sur- HIV prevalence and determinants of those living with veys did not ask the source of this stigma (e.g., family, HIV at the individual, network, community and policy friends, healthcare workers, or police). None of these stud- levels. ies took place in Sub-Saharan Africa. While more mea- sures of stigma toward MSM were identified, only four Participants were from Sub-Saharan Africa (all from South Africa).- Inclusion criteria for FSW included being assigned the While the HIV epidemics, especially in Southern and female gender at birth and reporting most of their in- Eastern Africa, are more broadly generalized, key popula- come came from selling sex in the past year. Eligible tions have consistently been shown to have higher bur- MSM participants were assigned the male gender at dens of HIV than other reproductive aged men [43, 44] birth and had anal sex with a man in the past year. All and women [45]. participants were 18 years old or older and lived in the In West and Central Africa, the most populous region respective city for at least the past 3 months. of SSA, HIV is more concentrated among key popula- Respondent-driven sampling coupons were required for tions including MSM and FSW compared to what has all participants (except for seeds). Participants in Bur- historically been observed in Southern and Eastern Af- kina Faso provided written informed consent in French, rica [43]. Across the countries of West Africa, enforce- Mooré, or Dioula. In Togo, participants provided oral ment of punitive laws related to MSM and FSW varies informed consent in French, Ewe or Kabiye. significantly. In Burkina Faso, same-sex practices are not mentioned in the law. Selling sex is tolerated and not Data collection prohibited; soliciting and facilitating sex work are crimi- Trained interviewers administered structured question- nalized [46, 47]. However, stigma related to HIV [48, naires including modules on demographics, stigma, 49], sex work [50] and same-sex practices [51] is com- HIV-related knowledge and behaviors, mental health, so- mon. Socially and in the media there are strong expres- cial capital, access to services, and reproductive health. sions against same-sex sexual practices and relationships. For example, 95% of participants from Burkina Faso in the Afrobarometer said they would dis- Stigma measurement like living next to gay or lesbian neighbors [52]. A bill Questions related to stigma were initially informed was introduced (and later rejected) to criminalize through literature reviews, consultations with key stake- same-sex practices. There have been public marches holders including social scientists and nongovernmental against same-sex sexual practices and relationships [53]. organizations, and have been adapted over a decade of – Sex work and same-sex practices are both criminalized studies with key populations across SSA [9, 67 82]. List- in Togo. Specifically, same-sex practices may be pun- wise deletion was used to handle missing data, including “ ’ ” “ ” ished with fines between 100,000–500,000 XOF ($200– don t know and refusal responses. 1000) and 1 to 3 years imprisonment [54]. Selling sex in specific sex work venues is prohibited, with a maximum Analyses fine of 1,000,000 XOF ($2000); however compensated or The analytic approach chosen was exploratory factor transactional sex is not specifically prohibited [55]. analysis [83] given the lack of prior studies with factor In these settings, it remains vital to characterize appro- analysis of these items. Despite the rich body of prior priate tools to measure stigma and inform evaluating the stigma scale development, this inductive method was impact of stigma mitigation interventions. Consequently, used because most of stigma measurement research with this study aims to characterize the reliability and conver- key populations [42] has been conducted with Western, gent validity of stigma metrics for MSM and FSW in Educated, Industrialized, Rich, or Democratic (WEIRD) two West African countries. [84] samples or societies. Other psychometric instru- ments, such as personality measures, have been found to Methods have different factor structures outside of these WEIRD Settings of the study/study sites settings [85]. A recent study comparing reports of Data were collected from January–August 2013 using stigma from surveys administered to MSM in the United respondent-driven sampling of 1356 MSM and 1383 States and Western and Southern Africa found differ- FSW in Ouagadougou, and Bobo-Dioulasso, Burkina ences between settings in prevalence of family exclusion, Faso and Lomé, and Kara, Togo, West Africa. poor health care treatment, and blackmail but did not Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 4 of 17

use factor analysis to compare the structure of stigma validity or test-retest reliability [102]. The present study’s measures [86]. measures’ reliability was assessed using Cronbach’salpha Principal factor analysis (or common factor analysis) [103] and the Kuder-Richardson coefficient [104]. The was used because the goal was not data reduction but overall metrics’ reliability was acceptable, with Cronbach’s rather to describe the underlying latent stigma variables alpha coefficients ranging from 0.71 among MSM in [87]. Promax oblique rotation [88] was used because the Ouagadougou to 0.82 among FSW in Ouagadougou. The factors were hypothesized to be correlated [89]. Data Kuder-Richardson coefficients were the same as the Cron- from each city and population were analyzed separately bach’s alpha except in Lomé, Togo where for the FSW using Stata 13.1 (College Station, Texas) because the metric the alpha was 0.73 and the Kuder-Richardson coeffi- respondent-driven sampling networks were different by cient was 0.70. city and because of the potential value of metrics that To assess the measures’ convergent validity, their cor- can be used with multiple populations in multiple geo- relations with expected HIV-related determinants were graphic areas. Results using combined data were similar examined. This was done to evaluate whether the stigma to those reported below. The sample size in each dataset metrics are useful not only for assessing levels of stigma was sufficient to allow for greater than the recom- but also within models with other HIV-related risk de- mended ten participants per variable [87]. The terminants. The literature suggests stigma would be as- Kaiser-Meyer-Olkin [90] measure of sampling adequacy sociated with increased purposeful or inadvertent was used with the Bartlett’s test of sphericity [91]toas- disclosure represented by family members or health sess the correlation matrices’ suitability for factor ana- workers knowing about the participant’s sex work or lysis. The factors retained were based on Kaiser’s same-sex practices [75, 105]. This study also tested criterion [92], eigenvalues over one, scree plots, Horn’s whether higher stigma is related to having suicidal idea- test [93], and interpretability. Items considered for the tion [32, 106]. Among participants recruited into the final metrics had factor loadings greater than 0.3 [94]in study as MSM, it was further hypothesized that those at least one city for each population. This was done to who identified as men would have lower stigma scores allow for comparisons across groups. Questions were ex- than those who identified as transgender, female or cluded if they loaded on more than one factor [95]or intersex [107]. It was expected that higher stigma would variability in the distributions of responses was under be inversely associated with HIV testing and condom 10% [96]. Questions were also excluded if greater than use [26, 108]. Stigma scores were used as continuous in- 20% of participants had missing data, as this may indi- dependent variables in all models. Separate bivariate lo- cate they were misunderstood or particularly sensitive gistic regression models were used to estimate the [97, 98]. These questions, shown in Table 1 with the ra- relationship between stigma and dichotomous tionales for excluding them, were about discrimination dependent variables (disclosure to family or health in employment and education, being forced to test for workers of selling sex for FSW and having sex with men HIV, being scared to walk in public places, difficulties or being attracted to men for MSM, suicidal ideation, accessing healthcare for FSW, and hearing discrimin- participating in MSM/FSW/HIV organizations, and gen- atory remarks about same-sex sexual practices and rela- der identity). Results were considered statistically signifi- tionships for MSM. Stigma scores were categorized by cant at p < 0.05 using two-sided tests. parceling [99], adding the remaining questions such that The Johns Hopkins School of Public Health Institu- participants who answered “yes” to one included ques- tional Review Board, Burkina Faso Ethics Committee for tion were assigned a score of 1, participants who an- Health Research, and Togo National Ethics Committee swered “yes” to two questions were assigned a score of approved the study. 2, and so on. This technique was chosen because of its simplicity and practical use for community organization Results staff who may not have the skills or software to compute The median age of FSW participants ranged from 23 factor scores [100]. years old in Kara and Ouagadougou to 30 in While some other stigma metrics are comprised of Likert Bobo-Dioulasso (see Table 2). Fewer than half of FSW in items [101], which may increase internal consistency and Burkina Faso and over 70% in Togo completed primary capture more fine-grained differences in frequency of ex- school or higher. The proportion employed outside of posure to stigma, the metrics in the present study are based selling sex ranged from 7.1% in Bobo-Dioulasso to 53.4% on dichotomous items. This approach enables assessment in Lomé. Under 15% were married or cohabitating. Over of the prevalence and correlates of lifetime experiences of half had at least one biological child. One third said a stigma, can be faster to administer (which is important in family member knew about their involvement in sex the context of a long questionnaire that includes multiple work. One fifth voluntarily disclosed. Over one quarter topics in addition to stigma), and may not result in reduced disclosed to a health worker, and 10% reported a health Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 5 of 17

Table 1 Items included and excluded from FSWa and MSMb stigma metrics in Burkina Faso and Togo Variable name Question text Police harassed Have police ever harassed or intimidated you for being a sex worker? Arrested Were you ever arrested on charges related to sex work/ of homosexuality [or other related charge]? Verbally harassed Have you ever been verbally harassed and felt it was because you sell sex/ have sex with men? Blackmailed Have you ever been blackmailed by someone because you sell sex/ have sex with men? Physically abused Have you ever been physically aggressed (pushed, shoved; slapped; hit; kicked; choked; or otherwise physically hurt)? Do you believe any of these experience(s) of physical violence was/were related to the fact that you sell sex/ have sex with men? Tortured Have you ever been tortured by someone? If yes, do you believe this was because you sell sex/ have sex with men? Forced sex Have you ever been forced to have sex when you did not want to? (By forced, I mean physically forced, coerced to have sex, or penetrated with an object, when you did not want to). Do you believe any of these experiences of sexual violence were related to the fact that you sell sex/ have sex with men? Denied care Have you ever been denied health services (or someone kept you from receiving health services) because you sell sex/ have sex with men? Not treated well Have you ever felt that you were not treated well in a health center because you sell sex/ someone knew that you have sex with men? Health workers gossiped Have you ever heard healthcare providers gossiping about you because you sell sex/ have sex with men? Difficulties Have you ever had difficulties in accessing healthcare services because you have sex with men? Afraid to seek care Have you ever felt afraid to go to healthcare services because you worry someone may learn you sell sex/ have sex with men? Avoided care Have you ever avoided going to healthcare services because you worry someone may learn you sell sex/ have sex with men? Family excluded Have you ever felt excluded from family gatherings because you sell sex/ have sex with men? Family gossiped Have you ever felt that family members have made discriminatory remarks or gossiped about you because you sell sex/ have sex with men? Friends rejected Have you ever felt rejected by your friends because you sell sex/ have sex with men? Police refused Have you ever felt that the police refused to protect you because you sell sex/ have sex with men? Avoided carrying condoms Have you ever avoided carrying condoms because you were afraid that they might get you in trouble with the police? Police confiscated Has a police officer ever taken condoms away from you, thrown them on the ground or in the garbage? Witnessed confiscation Have you ever witnessed (i.e. seen) police confiscating or destroying condoms held by a sex worker or outreach worker? Heard about confiscation Have you ever heard about incidents when police confiscated or destroyed condoms held by other sex workers or by outreach workers? Question Reason for excluding Female sex workers Have you ever lost employment or been dismissed from a job Many participants answered “not applicable”; did not load strongly on any (other than sex work) because you sell sex? factor Have you ever been denied educational opportunities, like access Many participants answered “not applicable”; did not load strongly on any to school, because you sell sex? factor Have you ever had difficulties in accessing healthcare services High uniqueness; did not load on any factor in multiple datasets because you sell sex? Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 6 of 17

Table 1 Items included and excluded from FSWa and MSMb stigma metrics in Burkina Faso and Togo (Continued) Have you ever been tested for HIV when you did not want to or did Very rare (9 people in all cities combined) not give permission? If yes, were you forced or pressured to test for HIV because you sell sex? Have you ever refused to take condoms from an outreach worker Very rare (17 total in all cities combined) because you were afraid they might get you in trouble with the police? Have you ever felt scared to walk around in public places because Did not load on any factor; may be measuring something other than you sell sex? stigma Men who have sex with men Have you ever lost employment or been dismissed from a job Loaded on a different factor in every city because you have sex with men? Have you ever been denied educational or training opportunities, Rare (10 people or less per city); did not load on any factors; lowered like access to school, because you have sex with men? the Cronbach’s alpha of the metric Has anyone ever said discriminatory things about homosexuality Did not load on any factors; lowered the Cronbach’s alpha in your presence without knowing you have sex with other men? Have you ever been tested for HIV when you did not want to or Very rare (only 8 people in all cities combined) did not give permission? If yes, were you forced or pressured to test for HIV because you have sex with men? Bold = wording in the female sex worker questionnaire Italics = wording in the men who have sex with men questionnaire afemale sex worker bmen who have sex with men worker found out some other way. Over one fifth ever about their sexual practices. One fifth voluntarily dis- had suicidal ideation. Less than half had condomless va- closed. Over 10% reported suicidal ideation. Over one ginal sex in the past 12 months. Most had tested for quarter identified their gender as transgender, female or HIV more than once ever. intersex. Most had ever had condomless anal sex. Over Across all the cities, the median age of participants in half had tested for HIV more than once ever. the MSM study was under 25 years old (see Table 3). The Bartlett’s test of sphericity was significant (p < Over 90% completed primary school or higher. Most (> 0.05), indicating the data were suitable for factor ana- 50%) were unemployed (including students). Under 10% lysis. The Kaiser-Meyer-Olkin index was greater than were married or cohabitating with a woman or had a the minimum acceptable value of 0.5 in all datasets. A biological child. The majority reported their sexual five-factor solution was identified for the FSW metric orientation as gay. One fifth said a family member knew (20 questions total) and a four-factor solution for the about their sexual practices. One quarter disclosed to MSM metric (16 questions total). Two to seven vari- them. Under 5% reported a health worker found out ables loaded on each factor (Tables 4 and 5). The

Table 2 Selected characteristics of female sex workers in Burkina Faso and Togo City Ouagadougou Bobo-Dioulasso Lomé Kara Median age 23 30 28 23 Completed primary school or higher 46.1% (159/345) 27.7% (97/350) 70.9% (251/354) 86.1% (284/330) Employed (other than sex work) 33.1% (115/347) 7.1% (25/350) 53.4% (189/354) 47.0% (155/330) Married or cohabitating 9.5% (33/349) 12.3% (43/350) 7.3% (26/354) 5.8% (19/330) Has at least one biological child 69.3% (242/349) 83.4% (292/350) 78.5% (278/354) 51.2% (169/330) Told family about sex work 16.3% (57/349) 22.3% (78/350) 19.5% (69/354) 21.5% (71/330) Family found out about sex work 31.0% (102/329) 32.9% (109/331) 19.4% (65/335) 48.8% (157/322) Told health worker about sex work 16.1% (55/342) 22.8% (79/347) 45.0% (159/353) 26.1% (86/330) Health worker found out about sex work 12.9% (44/342) 6.3% (22/347) 15.0% (53/353) 6.1% (20/330) Ever had suicidal thoughts 20.1% (70/349) 22.9% (80/350) 21.2% (75/354) 17.9% (59/330) Participated in female sex worker organization 13.9% (48/346) 24.6% (86/350) 24.4% (86/353) 3.3% (11/330) Had condomless vaginal sex in the past 12 months 37.9% (130/343) 43.3% (151/349) 25.5% (87/341) 46.2% (151/327) Ever tested for HIV more than once 60.2% (209/347) 68.3% (239/350) 58.6% (205/350) 56.1% (185/330) Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 7 of 17

Table 3 Selected characteristics of men who have sex with men (MSM) in Burkina Faso and Togo City Ouagadougou Bobo-Dioulasso Lomé Kara Median age 21 22 22 24 Completed primary school or higher 93.0% (319/343) 90.3% (298/330) 99.2% (351/354) 99.4% (327/329) Employed 19.5% (67/343) 26.4% (87/330) 43.5% (154/354) 23.1% (76/329) Married or cohabitating with a woman 5.0% (17/340) 3.0% (10/329) 8.5% (30/354) 3.0% (10/329) Has at least one biological child 7.6% (26/343) 7.9% (26/330) 5.4% (19/353) 1.8% (6/329) Sexual orientation: Gay or homosexual 51.3% (176/343) 55.8% (184/330) 61.0% (216/354) 68.7% (226/329) Bisexual 44.0% (151/343) 39.4% (130/330) 35.0% (124/354) 31.3% (103/329) Heterosexual or straight 2.0% (7/343) 3.9% (13/330) 0.8% (3/354) 0.0% (0/329) Transvestite/transgender 2.6% (9/343) 0.9% (3/330) 3.1% (11/354) 0.0% (0/329) Told family about same-sex practices 26.0% (89/343) 20.3% (67/330) 24.0% (85/354) 29.8% (98/329) Family found out about same-sex practices 18.1% (58/321) 19.3% (62/321) 18.0% (62/344) 29.1% (93/320) Told health worker about same-sex practices 19.9% (66/332) 20.0% (61/305) 36.3% (128/353) 8.8% (29/329) Health worker found out about same-sex practices 3.3% (11/332) 2.3% (7/305) 10.5% (37/353) 1.5% (5/329) Ever had suicidal thoughts 14.9% (51/343) 17.0% (56/329) 13.9% (49/353) 6.1% (20/329) Participated in MSM organization 17.0% (58/342) 8.0% (26/327) 40.7% (144/354) 1.22% (4/329) Identifies as male 70.8% (242/342) 61.2% (202/330) 72.0% (255/354) 91.5% (301/329) Ever had condomless anal sex 50.4% (173/343) 67.9% (222/327) 43.8% (155/354) 53.8% (177/329) Ever tested for HIV more than once 51.6% (177/343) 55.2% (181/328) 55.9% (195/349) 47.4% (156/329) factors were each significantly correlated with one an- witnessing or hearing about police confiscation of other (p < 0.001). condoms. One factor, experienced stigma, included actions that were carried out by multiple types of perpetrators. Other Convergent validity factors were differentiated by source of stigma (healthcare In both populations, higher stigma was generally signifi- workers, family and friends, or police). Stigma from health- cantly and positively associated with a family member or care workers loaded on two factors. The factors common health worker knowing about involvement in sex work to both populations were: stigma from family and friends; or same-sex practices, regardless of whether the disclos- experienced stigma; experienced healthcare stigma; and an- ure was voluntary or involuntary (Table 8). The excep- ticipated healthcare stigma. The fifth factor in the FSW tion was among MSM in Lomé, who reported less metric was stigma from police (Tables 6 and 7). stigma if they voluntarily disclosed to a health worker. For both populations, experienced stigma included Participants with greater cumulative reports of stigma items for being arrested, verbally harassed, blackmailed, had a greater likelihood of suicidal ideation, though this physically abused, tortured, or forced to have sex. The was not significant among MSM in Kara or FSW in most common perpetrators of forced sex among MSM Bobo-Dioulasso. FSW in Ouagadougou and both popu- were current or past male sexual partners or other MSM lations in Bobo-Dioulasso reported higher stigma if they (data not shown). Police harassing the participant loaded participated in FSW, MSM or HIV-related organizations. on the experienced stigma factor for FSW. Study participants in the MSM sample who identified as Experienced healthcare stigma for both populations in- male had lower stigma scores than those who identified cluded being denied care, not treated well, or gossiped as female, transgender or intersex. The relationships be- about by healthcare workers. Among MSM, difficulties tween stigma and HIV testing and condom use were not accessing healthcare also loaded on the experienced consistent across cities and populations. Final items healthcare stigma factor. Anticipated healthcare stigma retained in each stigma metric are reported in Tables 9 included fear of or avoiding seeking healthcare. Stigma and 10. from family and friends included feeling excluded from family gatherings, gossiped about by family, or rejected Discussion by friends. Stigma from police among FSW included be- The results of this multi-country study illustrate the po- ing refused police protection or experiencing, fearing, tential for brief tools to measure stigma among key Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 8 of 17

Table 4 Stigma item frequencies in the female sex worker stigma metric in Burkina Faso and Togo City Ouagadougou Bobo-Dioulasso Lomé Kara (n = 330) (n = 349) (n = 350) (n = 354) Factor 1: Experienced stigma 1. Police harassed 28.9% (101/349) 48.4% (169/349) 29.7% (105/354) 22.4% (74/330) 2. Arrested 32.6% (113/347) 44.8% (155/346) 25.1% (89/354) 13.3% (44/330) 3. Verbally harassed 63.6% (222/349) 55.4% (194/350) 35.9% (127/354) 37.3% (123/330) 4. Blackmailed 19.9% (69/347) 42.0% (147/350) 20.6% (73/354) 36.2% (119/329) 5. Physically abused 49.9% (163/327) 44.2% (153/346) 22.0% (78/354) 19.4% (64/330) 6. Tortured 13.0% (44/338) 17.6% (61/346) 11.6% (41/354) 4.9% (16/330) 7. Forced sex 27.5% (95/346) 29.1% (102/350) 11.0% (39/354) 16.1% (53/329) Factor 2: Experienced healthcare stigma 1. Denied care 1.2% (4/349) 0.9% (3/350) 0.6% (2/354) 0.0% (0/330) 2. Not treated well 2.0% (7/349) 1.7% (6/349) 1.7% (6/354) 2.7% (9/330) 3. Health workers gossiped 6.6% (23/349) 2.3% (8/350) 1.4% (5/354) 5.8% (19/330) Factor 3: Anticipated healthcare stigma 1. Afraid to seek care 21.0% (73/348) 14.9% (52/349) 5.7% (20/353) 10.0% (33/330) 2. Avoided care 15.5% (54/349) 14.9% (52/349) 4.5% (16/354) 9.7% (32/330) Factor 4: Stigma from family and friends 1. Family excluded 23.0% (80/348) 16.1% (56/349) 4.2% (15/354) 18.8% (62/330) 2. Family gossiped 33.8% (117/346) 30.4% (105/345) 8.5% (30/354) 36.8% (121/329) 3. Friends rejected 16.8% (58/345) 19.4% (68/350) 4.5% (16/354) 20.3% (67/330) Factor 5: Stigma from police 1. Police refused 18.4% (64/347) 16.4% (57/348) 8.5% (30/353) 2.4% (8/330) 2. Avoided carrying condoms 12.3% (43/349) 6.3% (22/349) 3.4% (12/354) 0.9% (3/330) 3. Police confiscated 5.2% (18/348) 6.9% (24/346) 2.5% (9/354) 0.3% (1/330) 4. Witnessed confiscation 7.2% (25/347) 5.4% (19/350) 7.1% (25/354) 3.9% (13/330) 5. Heard about confiscation 13.3% (46/347) 17.7% (62/350) 36.5% (129/353) 7.3% (24/330) populations that work well across country contexts and between the number of stigma events reported and languages. These measures include items related to per- health outcomes. ceived, anticipated and enacted types of stigma. The In this study experienced stigma included both physic- sources of stigma represent multiple levels of the social ally violent and emotionally abusive experiences, demon- ecological model of HIV risk among key populations, in- strating a wide range of severity for this factor. Sexual cluding social (family and friends), community (health- violence related to being MSM loaded on the same fac- care workers), and policy (police) [14]. Though many tor as blackmail. Perpetrators (including other MSM) factors were common to both populations, additional may believe they will not be prosecuted because the po- questions asked of FSW about interactions with police lice will not take action, or the person will not report constituted a separate factor relevant to the overall con- the rape due to being MSM. struct of stigma within this population. The metrics were Among FSW, being arrested for selling sex loaded on significantly related to disclosure of sex work or the experienced stigma factor rather than the stigma same-sex practices to family or a health worker, suicidal from police factor. In countries where aspects of sex ideation, organization participation, and gender identity. work are criminalized, arrests may indicate structural These analyses build on earlier studies using some of stigma from the government or society rather than from the same questionnaire items. Previous studies have police doing their job. The items that loaded on the used these indicators individually in models as inde- stigma from police factor included some that could be pendent variables [75, 109], or reported dichotomous categorized as anticipated stigma (Have you ever avoided aggregate stigma measures such as any social stigma carrying condoms because you were afraid that they [73, 75, 79]. Dichotomized measures may not fully cap- might get you in trouble with the police?), some that ture the granularity of dose-response relationships could be categorized as perceived stigma (Have you ever Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 9 of 17

Table 5 Stigma Item Frequencies in the MSMa Stigma Metric in Burkina Faso and Togo City Ouagadougou (n = 343) Bobo-Dioulasso (n = 330) Lomé (n = 354) Kara (n = 329) Factor 1: Experienced stigma 1. Police refused 5.2% (18/342) 3.3% (11/330) 3.7% (13/354) 0.3% (1/329) 2. Arrested 1.7% (6/343) 1.2% (4/329) 2.8% (10/354) 0.3% (1/329) 3. Verbally harassed 34.7% (119/343) 44.7% (147/329) 18.9% (67/354) 18.2% (60/329) 4. Blackmailed 24.8% (85/343) 14.9% (49/329) 16.1% (57/354) 21.9% (72/329) 5. Physically abused 9.6% (33/343) 15.3% (50/327) 4.2% (15/354) 4.0% (13/329) 6. Tortured 2.9% (10/343) 2.8% (9/326) 3.1% (11/354) 3.0% (10/329) 7. Forced sex 10.5% (36/342) 10.7% (35/328) 3.7% (13/354) 4.3% (14/329) Factor 2: Experienced healthcare stigma 1. Denied care 1.5% (5/342) 0.9% (3/330) 1.1% (4/354) 0.0% (0/329) 2. Not treated well 4.4% (15/343) 3.3% (11/330) 2.0% (7/354) 0.6% (2/329) 3. Health workers gossiped 12.0% (41/343) 2.7% (9/330) 3.4% (12/354) 6.7% (22/329) 4. Difficulties 7.3% (25/343) 1.8% (6/330) 17.0% (60/354) 7.3% (24/329) Factor 3: Anticipated healthcare stigma 1. Afraid to seek care 40.8% (140/343) 23.6% (78/330) 8.5% (30/354) 11.3% (37/329) 2. Avoided care 36.4% (125/343) 20.0% (66/330) 7.1% (25/354) 9.1% (30/329) Factor 4: Stigma from family and friends 1. Family excluded 12.2% (42/343) 8.2% (27/330) 6.5% (23/354) 12.2% (40/329) 2. Family gossiped 37.3% (128/343) 26.4% (87/329) 15.3% (54/354) 19.5% (64/329) 3. Friends rejected 35.9% (123/343) 26.1% (86/330) 8.8% (31/354) 16.4% (54/329) amen who have sex with men felt that the police refused to protect you because you reported higher stigma than cisgender MSM, which may sell sex?), and some that could be categorized as enacted be due to intersecting stigma associated with sexual stigma (police confiscation of condoms). Studies in the practices and gender identity. MSM who are more mas- United States and human rights reports have provided culine or hide their sexual orientation or practices may some indications of police confiscation of condoms as even reject those who are more open about their sexual evidence of sex work [110–112]. This study presented orientation or practices or considered more feminine. quantitative data from a diverse sample of FSW on the Given the unique needs of transgender and cisgender prevalence of experiencing, witnessing, hearing about, populations, valid and reliable stigma measures are and avoiding carrying condoms due to police confisca- needed specifically for transgender women [110, 111]. tion. Given the emergence of stigma from police as one This study has several limitations. Findings may not be components of stigma in the metric for FSW specifically, generalizable to settings outside the cities in West Africa using research and evaluation to identify effective ap- included in this study. This is a secondary analysis of proaches in these countries’ contexts to prevent harmful data collected for a study measuring HIV prevalence policing practices through education, policy, or increased among key populations. For MSM, the inclusion criteria accountability appears to be warranted [113, 114]. of having anal sex with a man in the past year was The stigma metrics showed promising convergent val- chosen due to its relationship with potential HIV acqui- idity in that in bivariate models they generally performed sition or transmission risk. Items in this stigma metric as had been theorized based on conceptual models and may not capture stigma targeted toward MSM commu- existing literature. The findings that higher stigma scores nities or identities rather than sexual practices. Individ- were positively associated with a family member or uals who did not meet the inclusion criteria but are in health worker knowing about participants’ involvement same-sex relationships or identify as sexually diverse, in sex work or same-sex practices is consistent with sexually attracted to the same gender, gay or bisexual prior studies in The Gambia and the United States [75, may face similar or different types of stigma compared 105]. Similarly, stigma was positively associated with sui- to those included in this study. cidal ideation, as other researchers have reported in All self-reported variables may be subject to social de- China [32] and the United States [106]. Transgender sirability bias and inaccurate recall. In the context of participants accrued into the studies focused on MSM limited disclosure of sex work or same-sex practices, Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 10 of 17

Table 6 MSMa stigma metric factor structure and loadings in Burkina Faso and Togo City Ouagadougou Bobo-Dioulasso Lomé Kara Alpha = 0.59 Alpha = 0.48 Alpha = 0.64 Alpha = 0.63 Variance = 1.58 Variance = 1.36 Variance = 2.29 Variance = 2.14 Proportion = 37% Proportion = 24% Proportion = 39% Proportion = 36% Factor 1: Experienced stigma 1. Police refused 0.471 0.530 0.123 0.995 2. Arrested 0.588 0.572 0.291 0.995 3. Verbally harassed 0.121 0.105 0.605 −0.004 4. Blackmailed 0.175 0.124 0.481 −0.006 5. Physically abused 0.206 0.194 0.096 −0.080 6. Tortured 0.562 −0.126 0.281 0.260 7. Forced sex 0.410 0.074 0.646 −0.076 Alpha = 0.39 Alpha = 0.78 Alpha = 0.33 Alpha = 0.18 Variance = 1.53 Variance = 2.69 Variance = 1.24 Variance = 1.87 Proportion = 36% Proportion = 46% Proportion = 21% Proportion = 27% Factor 2: Experienced healthcare stigma 1. Denied care 0.199 0.808 0.488 N/A 2. Not treated well 0.564 0.694 0.464 0.178 3. Health workers gossiped 0.370 0.697 0.474 0.196 4. Difficulties 0.249 0.700 0.239 0.051 Alpha = 0.87 Alpha = 0.92 Alpha = 0.88 Alpha = 0.88 Variance = 1.51 Variance = 2.22 Variance = 2.12 Variance = 1.75 Proportion = 35% Proportion = 38% Proportion = 36% Proportion = 25% Factor 3: Anticipated healthcare stigma 1. Afraid to seek care 0.833 0.913 0.832 0.850 2. Avoided care 0.837 0.907 0.794 0.859 Alpha = 0.55 Alpha = 0.60 Alpha = 0.77 Alpha = 0.76 Variance = 2.01 Variance = 1.70 Variance = 2.89 Variance = 2.52 Proportion = 47% Proportion = 29% Proportion = 50% Proportion = 36% Factor 4: Stigma from family and friends 1. Family excluded 0.352 0.580 0.737 0.748 2. Family gossiped 0.648 0.619 0.748 0.773 3. Friends rejected 0.521 0.509 0.720 0.589 Total Alpha = 0.71 Alpha = 0.71 Alpha = 0.77 Alpha = 0.75 KRb=0.71 KR = 0.71 KR = 0.77 KR = 0.75 Mean (SD) 2.753 (2.407) 2.053 (2.151) 1.220 (1.971) 1.350 (1.975) Median 2 1 0 0 amen who have sex with men bKuder-Richardson coefficient stigma may be lower than expected because participants’ MSM and FSW, which may differ from stigma toward families, friends, healthcare providers or others are not these groups reported by others. Future research meas- aware of these practices. However, MSM may also ex- uring stigma from both perspectives of those within and perience stigma because of their relationships, gender outside the population of interest may inform stigma re- non-conformity, mannerisms, or friends who are also duction programs. If, for instance, MSM or FSW report sexual minorities. For example, others may know that experiencing stigma from healthcare workers but health- the participant is not dating a woman, getting married, care providers do not report stigmatizing attitudes, mak- acting “masculine”, or fulfilling other heteronormative ing these providers aware of actions that may be expectations, and this may be another source of stigma. unintentionally stigmatizing could result in improved This study investigated stigma from the perspective of services. Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 11 of 17

Table 7 Female sex worker stigma metric factor structure and loadings in Burkina Faso and Togo City Ouagadougou Bobo-Dioulasso Lomé Kara Alpha = 0.72 Alpha = 0.69 Variance = 2.82 Alpha = 0.75 Variance = 2.60 Alpha = 0.76 Variance = 2.80 Variance = Proportion = 36% Proportion = 38% Proportion = 39% 2.97 Proportion = 41% Factor 1: Experienced stigma 1. Police harassed 0.485 0.510 0.531 0.612 2. Arrested 0.574 0.600 0.557 0.500 3. Verbally harassed 0.485 0.280 0.638 0.598 4. Blackmailed 0.411 0.403 0.506 0.671 5. Physically abused 0.695 0.371 0.671 0.612 6. Tortured 0.216 0.127 0.563 0.409 7. Forced sex 0.377 0.399 0.421 0.542 Alpha = 0.37 Alpha = 0.72 Variance = 1.95 Alpha = 0.56 Alpha = 0.31 Variance = Proportion = 25% Variance = 1.56 Variance = 0.97 1.18 Proportion = 23% Proportion = 14% Proportion = 16% Factor 2: Experienced healthcare stigma 1. Denied care 0.558 0.849 0.675 N/A 2. Not treated well 0.200 0.814 0.728 0.285 3. Health workers 0.365 0.409 0.308 0.463 gossiped Alpha = 0.89 Alpha = 0.85 Variance = 2.62 Alpha = 0.74 Alpha = 0.92 Variance = Proportion = 33% Variance = 1.67 Proportion = 25% Variance = 2.06 2.53 Proportion = 29% Proportion = 35% Factor 3: Anticipated healthcare stigma 1. Afraid to seek care 0.889 0.856 0.648 0.894 2. Avoided care 0.883 0.858 0.764 0.914 Alpha = 0.76 Alpha = 0.73 Variance = 3.31 Alpha = 0.59 Alpha = 0.68 Variance = Proportion = 42% Variance = 1.17 Variance = 1.76 2.75 Proportion = 17% Proportion = 25% Proportion = 38% Factor 4: Stigma from family and friends 1. Family excluded 0.816 0.842 0.590 0.625 2. Family gossiped 0.815 0.802 0.592 0.700 3. Friends rejected 0.423 0.436 0.163 0.449 Alpha = 0.67 Alpha = 0.69 Variance = 3.39 Alpha = 0.32 Variance = 1.28 Alpha = 0.48 Variance = 1.54 Variance = Proportion = 43% Proportion = 19% Proportion = 22% 2.79 Proportion = 39% Factor 5: Stigma from police 1. Police refused 0.327 0.284 0.113 −0.070 2. Avoided carrying 0.430 0.551 0.088 0.034 condoms 3. Police confiscated 0.583 0.614 0.649 0.245 4. Witnessed 0.672 0.818 0.637 0.788 confiscation Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 12 of 17

Table 7 Female sex worker stigma metric factor structure and loadings in Burkina Faso and Togo (Continued) City Ouagadougou Bobo-Dioulasso Lomé Kara 5. Heard about 0.712 0.678 0.369 0.816 confiscation Total Alpha = 0.82 Alpha = 0.82 Alpha = 0.73 Alpha = 0.77 KRa=0.82 KR = 0.82 KR = 0.70 KR = 0.77 Mean (SD) 4.313 (3.651) 4.277 (3.575) 2.444 (2.366) 2.679 (2.739) Median 3 3 2 2 aKuder-Richardson coefficient

Because of the question wording, it is not possible to in studies in different contexts. These metrics do not determine whether issues related to stigma from family specifically measure secondary stigma, with mental and friends were experienced (e.g., the participant actu- health being measured in lieu of internalized stigma. In- ally heard the discriminatory remarks) or perceived (e.g., ternalized stigma is often preceded by experienced the participant heard a family member whispering to an- stigma [117] and has been shown to be less closely cor- other and assumed it was about the participant selling related with avoiding or delaying seeking healthcare than sex). Other items potentially assessing felt normative or experienced stigma [17]. Future analyses could leverage perceived stigma (e.g., Have you ever felt scared to walk these developed metrics to explore intersectionality around in public places because you sell sex?) were ex- through intra- and inter-categorical approaches. cluded for the reasons mentioned above. Some studies Potential confounding variables were not included in have shown that perceived stigma is more commonly re- these analyses because the primary purpose was the de- ported than other types of stigma [115] and is signifi- velopment of the metrics. Stratified analyses by age, HIV cantly and negatively associated with quality of life [116]. status, and socioeconomic status will enable compari- Questionnaire items excluded from these metrics may sons to better understand the effects of privilege and be important stigma indicators that should be assessed marginalization and the distribution of the burden of

Table 8 Correlates of the FSWa and MSMb Stigma Metrics in Burkina Faso and Togo Ouagadougou Bobo-Dioulasso Lomé Kara OR 95% CI OR 95% CI OR 95% CI OR 95% CI FSW Told family about sex work 1.12 1.03, 1.21 0.97 0.90, 1.04 1.03 0.92, 1.15 1.15 1.05, 1.26 Family found out about sex work 1.15 1.08, 1.24 1.44 1.31, 1.59 1.34 1.20, 1.50 1.07 0.99, 1.16 Told health worker about sex work 1.17 1.08, 1.27 1.09 1.02, 1.17 0.98 0.90, 1.07 1.15 1.06, 1.26 Health worker found out about sex work 1.12 1.02, 1.22 1.10 0.99, 1.23 0.97 0.86, 1.10 1.20 1.04, 1.39 Ever had suicidal thoughts 1.15 1.07, 1.24 1.04 0.97, 1.11 1.20 1.08, 1.33 1.26 1.14, 1.40 Participated in FSW organization 1.12 1.03, 1.21 1.30 1.20, 1.40 0.97 0.87, 1.08 1.16 0.96, 1.40 Had condomless vaginal sex in the past 12 months 0.94 0.88, 1.00 0.93 0.87, 0.99 1.15 1.04, 1.27 1.06 0.98, 1.15 Ever tested for HIV more than once 1.04 0.97, 1.11 0.97 0.91, 1.03 1.07 0.98, 1.18 0.98 0.90, 1.06 MSM Told family about same-sex practices 1.24 1.12, 1.37 1.12 0.99, 1.25 1.27 1.13, 1.43 1.12 1.00, 1.26 Family found out about same-sex practices 1.24 1.11, 1.38 1.35 1.19, 1.54 1.31 1.16, 1.48 1.35 1.19, 1.52 Told health worker about same-sex practices 1.27 1.14, 1.42 1.25 1.10, 1.41 0.87 0.77, 0.99 1.32 1.13, 1.54 Health worker found out about same-sex practices 1.14 0.91, 1.42 1.18 0.91, 1.52 0.94 0.77, 1.14 1.42 1.03, 1.96 Ever had suicidal thoughts 1.37 1.22, 1.55 1.45 1.26, 1.66 1.38 1.22, 1.58 1.08 0.87, 1.33 Participated in MSM organization 1.05 0.94, 1.18 1.25 1.07, 1.45 1.02 0.92, 1.13 1.04 0.65, 1.67 Identifies as male 0.84 0.76, 0.93 0.83 0.74, 0.93 0.75 0.66, 0.84 0.82 0.69, 0.96 Ever had condomless anal sex 1.10 1.00–1.20 1.04 0.93, 1.17 1.38 1.21, 1.59 1.09 0.98, 1.23 Ever tested for HIV more than once 1.04 0.96, 1.14 1.16 1.04, 1.30 1.06 0.95, 1.18 0.95 0.85, 1.06 afemale sex worker bmen who have sex with men; bold text indicates significance at the p<0.05 level Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 13 of 17

Table 9 Final items included in the female sex worker stigma Table 10 Final items included in the men who have sex with metric men stigma metric 1. Have police ever harassed or intimidated you for being a sex 1. Were you ever arrested on charges of homosexuality [or other worker? related charge]? 2. Were you ever arrested on charges related to sex work? 2. Have you ever been verbally harassed and felt it was because you have sex with men? 3. Have you ever been verbally harassed and felt it was because you sell sex? 3. Have you ever been blackmailed by someone because you have sex with men? 4. Have you ever been blackmailed by someone because you sell sex? 4. Have you ever been physically aggressed (pushed, shoved; slapped; 5. Have you ever been physically aggressed (pushed, shoved; hit; kicked; choked; or otherwise physically hurt)? Do you believe slapped; hit; kicked; choked; or otherwise physically hurt)? any of these experience(s) of physical violence was/were related to Doyoubelieveanyoftheseexperience(s)ofphysical the fact that you have sex with men? violence was/were related to the fact that you sell sex? 5. Have you ever been tortured by someone? If yes, do you believe this was because you have sex with men? 6. Have you ever been tortured by someone? If yes, do you believe this was because you sell sex? 6. Have you ever been forced to have sex when you did not want to? (By forced, I mean physically forced, coerced to have sex, or 7. Have you ever been forced to have sex when you did not want to? penetrated with an object, when you did not want to). Do you (By forced, I mean physically forced, coerced to have sex, or believe any of these experiences of sexual violence were related to penetrated with an object, when you did not want to). Do you the fact that you have sex with men? believe any of these experiences of sexual violence were related to the fact that you sell sex? 7. Have you ever been denied health services (or someone kept you from receiving health services) because you have sex with men? 8. Have you ever been denied health services (or someone kept you from receiving health services) because you sell sex? 8. Have you ever felt that you were not treated well in a health center because someone knew that you have sex with men? 9. Have you ever felt that you were not treated well in a health center because you sell sex? 9. Have you ever heard healthcare providers gossiping about you because you have sex with men? 10. Have you ever heard healthcare providers gossiping about you because you sell sex? 10. Have you ever had difficulties in accessing healthcare services because you have sex with men? 11. Have you ever felt afraid to go to healthcare services because you worry someone may learn you sell sex? 11. Have you ever felt afraid to go to healthcare services because you worry someone may learn you have sex with men? 12. Have you ever avoided going to healthcare services because you worry someone may learn you sell sex? 12. Have you ever avoided going to healthcare services because you worry someone may learn you have sex with men? 13. Have you ever felt excluded from family gatherings because you sell sex? 13. Have you ever felt excluded from family gatherings because you have sex with men? 14. Have you ever felt that family members have made discriminatory remarks or gossiped about you because you sell sex? 14. Have you ever felt that family members have made discriminatory remarks or gossiped about you because you have sex with men? 15. Have you ever felt rejected by your friends because you sell sex? 15. Have you ever felt rejected by your friends because you have sex with men? 16. Have you ever felt that the police refused to protect you because you sell sex? 16. Have you ever felt that the police refused to protect you because you have sex with men? 17. Have you ever avoided carrying condoms because you were afraid that they might get you in trouble with the police? 18. Has a police officer ever taken condoms away from you, thrown Conclusions them on the ground or in the garbage? There are ongoing and planned stigma mitigation interven- 19. Have you ever witnessed (i.e. seen) police confiscating or tions in SSA that would benefit by the ability to consistently destroying condoms held by a sex worker or outreach worker? measure stigma across key populations and over time using 20. Have you ever heard about incidents when police confiscated or these reliable and valid stigma measures [22, 114]. Stigma destroyed condoms held by other sex workers or by outreach may be addressed through implementing nondiscrimination workers? policies and increasing police protection of vulnerable popu- lations to hold perpetrators of violence and blackmail ac- stigma [113]. Future studies should use confirmatory countable. Comprehensive stigma reduction interventions factor analysis to assess whether the metrics’ structure should also work directly with MSM and FSW individuals is applicable in other samples of key populations and community groups to address stigma, given the level of across SSA. Moreover, additional approaches for val- anticipated stigma found in this study and association be- idating and assessing the metrics’ psychometric prop- tween stigma and suicidal ideation. Continued stigma meas- erties including assessing predictive validity and urement and evaluation of stigma reduction interventions test-retest reliability would add strength to the must urgently be addressed in order to realize the goals of conclusions. achieving an AIDS-Free generation in our lifetimes. Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 14 of 17

Abbreviations Publisher’sNote AIDS: Acquired Immune Deficiency Syndrome; FSW: Female sex workers; Springer Nature remains neutral with regard to jurisdictional claims in HIV: Human Immunodeficiency Virus; MSM: Men who have sex with men; published maps and institutional affiliations. SSA: Sub-Saharan Africa; WEIRD: Western, Educated, Industrialized, Rich, or Democratic Author details 1Key Populations Program, Center for Public Health and Human Rights, Department of Epidemiology, Johns Hopkins Bloomberg School of Public Acknowledgements 2 The authors thank the women and men who participated in the studies, the Health, 615 North Wolfe Street, 5th Floor, Baltimore, MD, USA. Research and research staff, and the community who collaborated on this project. These Evaluation Unit, Public Health Solutions, 40 Worth Street, 5th Floor, New 3 ’ include AIDSETI, Association African Solidarity, Alternative Burkina, York, NY, USA. Programme d Appui au Monde Associatif et Communautaire (PAMAC), 11 BP 1023, Avenue du Pr Joseph Ki-Zerbo, Ouagadougou, Burkina Reponsabilité, Espoir, Vie, Solidarité (REVS+) and Association Laafi la Viim 4 (ALAVI). We also thank the Burkina Faso Ministry of Health for approving the Faso. Institut de Recherche en Sciences de la Santé (IRSS), 03 BP 7192, Ouagadougou 03, Burkina Faso. 5Lomé, Togo. 6Arc-en-ciel, BP 805000, Lomé, study. We thank the team from USAID and USAID West Africa for their help 7 8 in the overall success of this study. We also acknowledge Erin Papworth and Togo. FAMME, BP 12.321 Ville, Lomé, Togo. Conseil National de Lutte Benjamin Liestman for their support in implementing these studies. contre le SIDA et les IST, 01 BP 2237, Lomé 01, Togo. Received: 30 August 2017 Accepted: 8 January 2019 Funding This work was supported by the USAID and Project SEARCH, Task Order No. 2, is funded by the US Agency for International Development under Contract No. GHH-I-00-0700,032-00, beginning September 30, 2008, and supported by References the President’s Emergency Plan for AIDS Relief. The Research to Prevention 1. Link BG, Phelan JC. Conceptualizing stigma. Annu Rev Sociol. 2001;27: (R2P) Project is led by the Johns Hopkins Center for Global Health and man- 363–85. aged by the Johns Hopkins Bloomberg School of Public Health Center for 2. Deacon H. Towards a sustainable theory of health-related stigma: Communication Programs (CCP). SDB is supported by a grant from the Na- lessons from the HIV/AIDS literature. J Community Appl Soc Psychol. tional Institute of Mental Health (R01 MH110358-02). The funding body had 2006;16:418–25. no role in the design of the study or collection, analysis, and interpretation 3. 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Reprod Heal Care. 2013. https://doi.org/10.1136/jfprhc-2012-100527. 109. Stahlman S, Grosso A, Ketende S, Mothopeng T, Taruberekera N, 81. Peitzmeier S, Mason K, Ceesay N, Diouf D, Drame F, Loum J, et al. A cross- Nkonyana J, et al. Characteristics of men who have sex with men in sectional evaluation of the prevalence and associations of HIV among southern Africa who seek sex online: a cross-sectional study. J Med female sex workers in the Gambia. Int J STD AIDS. 2014;25:244–52. Internet Res. 2015;17:e129. 82. Yam EA, Mnisi Z, Sithole B, Kennedy C, Kerrigan DL, Tsui AO, et al. 110. Dewey S, Zheng T, Orchard T. Systematic collusion: criminalization’s health Association between condom use and use of other contraceptive methods and safety consequences. In: Sex workers and criminalization in North among female sex workers in Swaziland: a relationship-level analysis of America and China. New York: Springer; 2016. p. 27–50. condom and contraceptive use. Sex Transm Dis. 2013;40:406–12. 111. Amon JJ, Wurth M, McLemore M. Evaluating human rights advocacy on 83. Fabrigar LR, Wegener DT, MacCallum RC, Strahan EJ. Evaluating the use of criminal justice and sex work. Heal Hum Rights An Int J. 2015;17:E91. exploratory factor analysis in psychological research. Psychol Methods. 1999; 112. Mgbako C. To live freely in this world: sex worker activism in Africa. New 4:272. York: NYU Press; 2016. Grosso et al. BMC Infectious Diseases (2019) 19:208 Page 17 of 17

113. Bauer GR. Incorporating intersectionality theory into population health research methodology: challenges and the potential to advance health equity. Soc Sci Med. 2014;110:10–7. 114. CARE. CHAMP: Reducing HIV/AIDS to Benefit the Socioeconomic Development of Cameroon. 2015. https://www.care.org/sites/default/files/ documents/CHAMP-Brief.pdf. Accessed 8 Aug 2018. 115. Thomas BE, Rehman F, Suryanarayanan D, Josephine K, Dilip M, Dorairaj VS, et al. How stigmatizing is stigma in the life of people living with HIV: a study on HIV positive individuals from Chennai, South India. AIDS Care. 2005;17:795–801. 116. Wu X, Chen J, Huang H, Liu Z, Li X, Wang H. Perceived stigma, medical social support and quality of life among people living with HIV/AIDS in Hunan, China. Appl Nurs Res. 2015;28:169–74. 117. Quinn DM, Williams MK, Weisz BM. From discrimination to internalized mental illness stigma: the mediating roles of anticipated discrimination and anticipated stigma. Psychiatr Rehabil J. 2015;38:103. TAB 17 A travel year like no other SUSTAINABILITY • COMMUNITY • DIVERSITY

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© 2021 Lonely Planet. All rights reserved. No part of this site may be reproduced without our written permission. TAB 18 REPORTAGE «On est loin d’envisager une gay pride au Burkina Faso»

Par Florian Bardou, Envoyé spécial au Burkina Faso(https://www.liberation.fr/auteur/16831-florian-bardou) — 5 avril 2019 à 12:25 Des membres de l'association Transgenre BF dans les locaux de REVS+, à Bobo-Dioulasso, le 8 février. Photo Olympia de Maismont pour Libération

Si aucune loi ne pénalise l’homosexualité dans le pays ouest-africain, les personnes LGBT n’ont d’autres solutions que de mener une double vie pour éviter d’être pourchassées.

C’était une fake news comme en regorgent les réseaux sociaux. Fin janvier, deux hommes présentés comme homosexuels auraient été brûlés en place publique à Bamako(https://observers.france24.com/fr/20190129-intox-mali-brules-vifs- homosexuels-images-detournees), la capitale malienne. Les captures d’écran d’une vidéo des deux victimes, partagées plusieurs milliers de fois sur Facebook, montraient en réalité l’exécution par la foule de deux hommes suspectés de vouloir braquer une banque il y a un an et demi. Rien à voir donc, avec leur orientation sexuelle. Mais le temps que le doute se dissipe, la fausse information a ravivé la crainte d’une chasse aux homosexuels au Burkina Faso voisin. «L’émoi a été général. On s’est mis de nouveau à faire attention, relate Marcel (1), chemise bleue à carreaux et petites lunettes. C’est pour ça qu’on gare les motos en position de départ quand on vient ici au centre.»

Le «centre», auquel fait référence le quadragénaire, est une clinique communautaire tenue par l’Association African Solidarité (AAS), dans le centre de Ouagadougou. Orné d’un grand ruban rouge symbolisant la lutte contre le sida, ce bâtiment de deux étages aux teints ocres, est l’un des rares lieux de la capitale burkinabée où les hommes ayant des relations sexuelles avec des hommes (HSH), comme on dit dans le jargon associatif, peuvent trouver main-forte et se réunir pour causer de leur sexualité. Derrière d’épaisses cloisons, cependant, et en restant vigilants. «Certains ne se sentent pas en sécurité et refusent de venir ici, ajoute le médiateur associatif ouagalais. On est loin d’envisager une gay pride au Burkina Faso.»

Double vie La loi burkinabée l’empêcherait-elle ? Au «pays des hommes intègres», aucun texte n’a jamais pénalisé l’homosexualité depuis l’indépendance en 1960. L’outrage public à la pudeur, vieil ersatz d’une disposition du Code pénal français, est par ailleurs rarement invoqué pour poursuivre des relations intimes entre deux hommes ou deux femmes. En revanche, l’hostilité envers les gays, les lesbiennes et les personnes trans, alimentée par des prêches homophobes à tire-larigot, des médias peu scrupuleux et des politiciens en mal de votes, reste extrêmement vigoureuse – jusqu’à rendre responsable les homos de la menace jihadiste(https://www.liberation.fr/planete/2018/12/03/dans-l-est-du-burkina- faso-un-nouveau-foyer-pour-le-jihad_1695777) selon plusieurs témoignages. En 2015, à l’approche des élections législatives, une petite formation politique, le Parti de la renaissance nationale (Paren), a par exemple déposé une proposition de loi afin d’interdire – dans un grand amalgame et sans y parvenir – la pédophilie et l’homosexualité. Un rapport, publié l’année suivante par des chercheurs indépendants(http://afrobarometer.org/fr/press/tolerance-en-afrique), l’Afrobaromètre, classe même le Burkina Faso parmi les trois pays africains les plus intolérants envers les homos. «La grande majorité de la population est contre nous, surtout les religieux et les chefs coutumiers, poursuit Marcel. Pourtant, l’homosexualité a toujours existé chez nous.»

Cette stigmatisation, sous le poids des traditions, a de lourdes conséquences. Elle pousse notamment les homos et les trans burkinabés à mener une double vie – ce qui ne facilite pas, au passage, à juguler l’épidémie du VIH. C’est le cas de Mokhtar (1), la vingtaine, étudiant en marketing à Ouagadougou. «Je préfère dissimuler mon homosexualité à ma famille en présentant des copines, soutient le jeune homme. Je ne fais rien avec elles mais au moins je suis tranquille. Au Burkina, à 25 ans tu dois présenter une fiancée c’est pour ça que la plupart des homos sont mariés.» Peu habitué à se livrer, Gaston (1), 24 ans, étudiant, a lui aussi choisi d’être «discret». Ce garçon élancé a mis du temps avant de s’accepter tel qu’il est ; mais hors de question d’évoquer le sujet avec ses camarades et encore moins de vivre sa sexualité au grand jour. «Ce n’est pas possible d’en parler à l’université, confie-t-il les mains tremblantes. Ils disent que c’est rejeté par la nature.» Les chiffres attestent de l’homophobie ambiante sur le campus ouagalais : en 2013, un peu plus de 60% des étudiants interrogés par le Réseau des jeunes LGBTQ d’Afrique de l’Ouest, basé dans la capitale burkinabée, estimaient que(http://qayn.org/wp- content/uploads/2017/12/Sondagedopinionenmilieuuniversitaire.pdf) «l’homosexualité est une mauvaise chose», «une aberration, contre-nature ou un mal à éradiquer».

«A la moindre erreur, on vient brûler ta maison» Menaces, chantage, tabassage voire chasse aux homos : la crainte des violences fait aussi partie de ce quotidien – sans compter l’impossibilité de porter plainte auprès de la police. En 2015 et 2016, la deuxième ville du pays, Bobo-Dioulasso, a par exemple été le théâtre de plusieurs incidents homophobes, soutenus par les leaders religieux chrétiens et musulmans. Les manifestants cherchaient notamment à «libérer» leur quartier de la présence supposée d’homos. Depuis, le calme est semble-t-il revenu dans la capitale économique du pays mais la peur, elle, n’a pas disparu, selon Youssouf (1), 39 ans. On retrouve cet homme peu disert au local de Responsabilité espoir vie solidarité (Revs+), une association de lutte contre le sida accusée de «promouvoir l’homosexualité» car les homosexuels de Bobo-Dioulasso y sont les bienvenus. «A Bobo, tout le monde se connaît, affirme ce cuisinier, en tongs Adidas, aussi bien gay que musulman. Il faut donc vivre sans attirer l’attention des gens car à la moindre erreur, on vient brûler ta maison.» Tenté par l’exil, il n’a pas eu d’autres choix que de rester au Burkina. Mais il doit subir comme beaucoup d’autres les questions incessantes de ses proches sur le pourquoi de son célibat.

Comme Binta (1), 19 ans, assise non loin sur un banc. Cheveux tressés et sacoche en bandoulière, cette jeune lesbienne aux traits encore adolescents redoute la réprobation de ses parents et de ses sœurs si elle refuse d’épouser un homme, le lot commun des femmes queers burkinabées. «Il y a des familles qui te bannissent parce que tu ne veux pas te marier à un certain âge», regrette la lycéenne. A ses côtés, Naomi, jeune femme trans de 26 ans, acquiesce : «Mes parents sont des musulmans fanatiques, donc leur religion fait qu’ils ne m’accepteraient pas telle que je suis.» S’il lui est «impossible d’entamer sa transition» légalement et de s’habiller dans son genre vécu, cette étudiante de Bobo-Dioulasso, déterminée, compte sur l’ouverture d’esprit des nouvelles générations. «Aujourd’hui être trans, c’est considéré comme de l’usurpation d’identité, déplore la jeune femme longiligne. Mais on va se battre pour les jeunes qui viendront.» A cette fin, elle a fondé en 2017 l’une des trois associations trans du pays, Transgender BF, une cinquantaine d’adhérents au compteur. Son but : «changer la loi» pour que les personnes trans ne soient plus «marginalisées» et puissent «vivre libres» avec des papiers d’identité adéquats. D’autres militants LGBT, comme Marcel à Ouagadougou, plaident pour la création d’un observatoire associatif afin de documenter les violences et les discriminations à défaut de pouvoir marcher sous le drapeau arc-en-ciel. Histoire d’avancer de quelques pas.

(1) Les prénoms ont été changés.

Florian Bardou Envoyé spécial au Burkina Faso(https://www.liberation.fr/auteur/16831-florian- bardou) Translation of Media Source Entitled: On est loin d’envisager une gay pride au Burkina Faso GRAFF

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REPORT “We are far from envisaging a gay pride [parade] in Burkina Faso”

By Florian Bardou, Special Envoy to Burkina Faso (https:www.liberation.fr/auteur/16831-florian-bardou) – April 5, 2019 at 12:25 p.m.

1. Translation of Media Source Entitled: On est loin d’envisager une gay pride au Burkina Faso

Members of the BF Transgender Association at the premises of REVS+, in Bobo-Dioulasso. Photo by Olympia de Maismont for Liberation While there is no law that criminalizes homosexuality in West African countries, LGBT persons have no other solutions besides leading a double life to avoid being persecuted.

It is fake news, like that with which social media networks abound. In late January, two men who presented themselves as homosexuals were reportedly burned in pubic in Bamako (https://france24.com/fr/20190129-intox-mali-brules-vifs-homosexuels-images-detournees), the capital of Mali. The screenshots of a video of the two victims, which were shared several thousand times on Facebook, showed in reality the execution by the crowd o two men suspected of robbing a bank two and a half years ago. Nothing to do, therefore, with their sexual orientation. But by the time doubt has dissipated, the false information has rekindled the

2. Translation of Media Source Entitled: On est loin d’envisager une gay pride au Burkina Faso

fear of a gay hung in neighboring Burkina Faso. “The emotion had generalized. We started to pay attention again,” says Marcel (1), wearing a blue checked shirt and small eyeglasses. “This is why we park our motorcycles so that they’re ready to take off when we come here to the center.”

The “center” to which the forty-something man refers, is a community clinic run by the African Solidarity Association (AAS) in the center of Ouagadougou. Decorated with a large red ribbon symbolizing the fight against AIDS, this two-story building with ocher tones is one of the few places in the capital of Burkina Faso where men who have sexual relations with men [hommes ayant des relations sexuelles avec des hommes (HSH)], as they say in the association’s jargon, can find support and come together to talk about their sexuality. Behind thick walls however, and staying vigilant. “Some of us don’t feel safe and refuse to come here,” adds the Ugali association mediator. “We are far from envisaging a gay pride [parade] in Burkina Faso.”

Double life

Would Burkinabé law prevent this? In the “country of integrated men,” no [legal] text has ever criminalized homosexuality since its independence in 1960. Public outrage, an old ersatz provision of the French Penal Code, is also rarely invoked to persecute intimate relations between two men or two women. On the other hand, the hostility towards gays, lesbians and trans persons, fueled by the homophobic sermons that never end, unscrupulous media and politicians in need of votes, is still extremely strong – to the point of blaming homosexuals for the jihadist threat (https://www.liberation.fr/planete/2018/12/03/dans-l-est-du-burkina-faso-un- nouveau-foyer-pour-le-jihad_1695777) according to several testimonies. In 2015, in the run-up to legislative elections, a small political formation, the National Renaissance Party (Paren), for example, tabled a bill to ban – in a big amalgamation and without succeeding – pedophilia and homosexuality. A report, published the year before, by independent researchers (http://afrobarometer.org/fr/press/tolerance-en-afrique), the Afrobaromètre [Afrobarometer], even ranks Burkina Faso among the

3. Translation of Media Source Entitled: On est loin d’envisager une gay pride au Burkina Faso

three African countries that are most intolerant of homosexuals. “The great majority of the population is against us, especially the religious and traditional leaders,” continues Marcel. “However, homosexuality has always been present among us.”

This stigmatization, under the weight of traditions, has serious consequences. It pushes the Burkinabé homosexuals and trans persons in particular to lead a double life – which does not make it any easier – by the way – to curb the HIV epidemic. This is the case with Mokhtar (1), the twenty-something man, who is studying marketing in Ouagadougou. “I prefer to hide my homosexuality from my family by introducing girlfriends,” says the young man. “I don’t do anything with them, but at least I can relax. In Burkina, you are supposed to introduce your fiancée by the time you are 25 years old and this is why most of the homosexuals are married.” Not used to indulging himself, Gaston (1), a 24-year-old student, has also chosen to be “discreet.” This slender young man took a long time to accept himself as he is, but it’s out of the question to bring the subject up with his friends and even more out of the question to show his sexuality in broad daylight. “It’s not possible to talk about it at the university,” he confesses, hands trembling. “They say it’s rejected by nature.” The figures attest to the ambient homophobia on the Ouagadougou campus: In 2013, a bit more than 60% of the students questioned by the Network of Young LGBT of West Africa, based in the Burkinabé capital, estimated that (http://qayn.org/wp- content/uploads/2017/12/Sondagedopinionenmilieuuniversitaire.pdf) “homosexuality is a bad thing,” “an aberration against nature or an evil that needs to be eradicated.”

“At the slightest mistake, we will come to burn your house

down”

Threats, blackmail, beatings and hunting of homosexuals: fear of violence is also part of their daily lie – without the possibility of bringing a complaint to the police. In 2015 and 2016, the second largest city in the country, Bobo-Dioulasso, for example, was the scene of several homophobic incidents, supported by Christian and Muslim religious leaders. The demonstrators were specifically trying to “free” their district of the supposed presence of homosexuals. Since then, calm has apparently returned to the economic capital of the country but the fear – no, it has

4. Translation of Media Source Entitled: On est loin d’envisager une gay pride au Burkina Faso not disappeared, according to Youssouf (1), 39 years old. We meet this quiet man at the offices of the Responsibility Hope Life Solidarity [Responsabilité Espoir vie solidarité (Revs+)], an association for the fight against AIDS

5. Translation of Media Source Entitled: On est loin d’envisager une gay pride au Burkina Faso accused of “promoting homosexuality” because the homosexuals of Bobo-Dioulasso are welcome there. “In Bobo, everyone knows each other,” says this chef, wearing Adidas thongs, just as gay as he is Muslim. “So you have to live without attracting people’s attention because at the slightest mistake, we will come to burn your house down.” Tempted by exile, he has no other choice besides staying in Burkina. But, like many others, he has to put up with the incessant questions from his relatives about the reason behind his celibacy.

Like Binta (1), 19 years old, seated close by on a bench. Hair braided and holding a shoulder bag, this young lesbian whose features still look like a teenager’s dreads her parents’ and sisters’ reprobation if she refuses to marry a man, the common lot of queer Burkinabé women. “There are families that will banish you because you don’t want to get married by a certain age,” says the high school girl, regretfully. Sitting next to her, Naomi, a young 26-year-old trans woman, nods and says, “My parents are Muslim fanatics, so their religion makes it so that they would never accept me the way I am.” If it is “impossible for her to start her transition” legally and to dress the way she feels, this student in Bobo-Dioulasso, who is determined, is counting on the open minds of new generations. “Being trans today is considered to be identity theft,” continues the slender woman. “But we will fight for future youth.” To this end, she founded one of the three trans associations in the country in 2017, Transgender BF, which has around fifty membrs. Her goal: “change the law” so that trans people are no longer “marginalized” and can “live freely” with appropriate identification documents. Other LGBT militants, like Marcel in Ouagadougou, plead for the creation of an associative monitoring center to document the violence and discrimination since they cannot yet parade under the rainbow flag. A tale of taking a few steps forward at a time.

(1) First names have been changed.

Florian Bardou, Special Envoy to Burkina Faso (https://www.liberation.fr/auteur/16831-florian- bardou)

6. December 23, 2020

This is to certify that the attached translation is, to the best of my knowledge and belief, a true and accurate translation from French into English of the attached documents:

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TAB 19 (https://www.equaltimes.org/)

In Burkina Faso, being transgender means living in the shadows

Naomi, on the right, has not yet come out and is keeping the fact that she identifies as a woman a secret. She only shares it with the other members of the association that she has set up to provide young trans people with a space where they can talk and support each other. (Olympia de Maismont)

NEWS

By Émilie Laystary 17 July 2019

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HUMAN RIGHTS BURKINA FASO DISCRIMINATION EDUCATION YOUTH LGBTI CIVIL SOCIETY

Share this page Amidst roars of laughter, Naomi takes out her phone and shows us photos of herself, having fun with a friend, posing for the camera, both in high heels and sequined dresses. Naomi is a 26-year-old transgender woman, and in her country, Burkina Faso, there are very few places where she is able to assume her identity.

“I never dress like that to go out,” says Naomi, who refers to her feminine clothes as a “disguise worn from time to time” in her room or when visiting friends who know her. We meet her on a February morning in Bobo-Dioulasso, the second largest city in this landlocked west African country. She is at REVS PLUS, an association fighting HIV/AIDS, which offers discussion spaces for all those that Burkinabé society refuses to accept: sex workers, members of the LGBTI community, drug users. Here they have a place where they can talk to their peers, share their experiences and ask for advice, in a safe and caring environment.

Sitting on a low wall within the perimeter of the discreet premises located a few blocks from the city centre, Naomi tells Equal Times: “My parents are Muslim. For them, I am really the shame of the family […]. They all, except my sister who supports me, detest the fact that I am homosexual. And they totally refuse to accept the fact that I’m a transgender woman,” she tells us.

Her new name, she explains, is a tribute to the British model of Jamaican descent, Naomi Campbell. “She is so beautiful. She’s my idol,” she sighs, shaking her feet resting on the red earth.

When asked whether Burkina Faso has any role models like the French actor Océan (https://www.france.tv/slash/ocean/), who came out as a trans man in 2018, the response is immediate: “If only! In Côte d’Ivoire, for example, they’re lucky. They have Barbara (http://lesivoiriensontdutalent.blogspot.com/2013/02/barbara-transsexuel-homosexuel- gay-lesbienne-abidjan-cote-ivoire.html) [editor’s note: the president of an association based in Abidjan that fights for the recognition of the rights of transgender people]. But here, trans people have to hide away. They are discriminated against by everyone, even the rest of the LGBT community,” she laments.

A place to chat and exchange experiences Fortunately, thanks to the internet, Naomi has access to sites and forums offering a much broader outlook. That was, for example, how she discovered The Adventures of Priscilla, Queen of the Desert, an Australian film from 1994, written and directed by Stephan Elliott, telling the story of two drag queens and a trans performer. The film marked a turning point in Naomi’s life, having made her realise the extent to which her femininity had always been supressed.

But online resources are no longer enough. “I don’t want people like me to have to hide behind a computer any more to find solace. That’s why, a year ago, I set up the first transgender association in Burkina,” she says, squeezed into a t-shirt and trousers that are tight-fitting but not too feminine, so as not to raise too much suspicion.

“There is nowhere for us to go, out there. It’s too dangerous. When you’re different, or you get together with other marginalised people, you risk being beaten up,” she explains. The idea behind the association is to provide a meeting place where people can talk with others, like themselves, who have questions about who they are, and where support is given “to those in need of help when they are thrown out of their homes”.

Setting up Transgenre Burkina Faso, which now has around 50 members, was not without its challenges. “Authorisation from the governor has to be requested to set up an association. But when we said that we wanted to defend the rights of transgender people, he rejected our application. We had to change a few words in the statutes filed, to make it look like we were just a gay support group, but we kept the name, and it was approved as it was,” says Naomi, with a smile. The association has already managed to raise 1.2 million CFA francs (around €1,800) in funding. All it needs now is a premise of its own, where it can hold its activities and discussions groups.

“Everything started with these ‘chats’. In the beginning, I used to talk at the MSM chats (for ‘Men who have Sex with Men’). But I soon realised that we didn’t have the same problems,” says Naomi, who started to reflect more deeply about her identity thanks to these discussions. “That’s how I came to realise that I wasn’t simply gay. I also feel that I’m a woman.” She says that she is now ready “to take on the leadership of a movement, with an association that really changes things,” thanks to REVS PLUS, which is helping her to set up her own structure. Online dates turned into extortion

At lunchtime, we go to eat at a restaurant, in the centre, where the walls are covered in portraits of African leaders. As we sit over a dish of attiéké and plantain bananas, at the back of a ventilated room, the discussion turns to places where it is safe to go. “There are hardly any. It’s not like in Bamako where people go out to party and are able to find safe places. Here, you really have to hide your identity if you don’t want to be attacked,” says Naomi, who avoids looking too feminine. “Trans women are rebuked; people think they want to sell their bodies. They are very much frowned upon, even by gay men and lesbians.”

There are a few safe maquis (as they are called in Burkina Faso) serving drinks or food, where you cannot be seen from the street. Places without signage. Virtually clandestine, as they are rarely declared and often known thanks to word of mouth, such bars have also become meeting points for certain communities: “My friends and I go out sometimes and meet there. But, even there, we remain discreet.” Would Naomi have a more exciting nightlife if she lived in the capital, Ouagadougou? “It’s not something that really appeals to me. Surprisingly, there are actually more places in Bobo-Dioulasso! There is more nightlife here,” she says.

And what about finding romance? “It’s not easy to meet people here,” says Naomi, who is in a relationship with “a Westerner” that she met at an evening with expats and tourists from Europe. “I don’t see him very often, but we talk a lot when he comes to see me in Bobo-Dioulasso and he really makes me reflect,” she says, somewhat wistfully. “One day, I will go and see him where he lives,” she says, with an air of determination.

How, indeed, is it possible to find a partner in a country where one constantly has to live in the shadows?

Given the social stigma, many members of the LGBTI community use Facebook to meet people online and arrange a date. The problem is that certain men pass themselves off as members of the LGBTI community, to extort their victims, who think they are on a date but find that they have been filmed without their knowledge, and are threatened with the possibility that the video revealing their sexual identity will be published on social media if they do not pay up. In some cases, they also receive a beating.

“By far, trans people suffer the greatest discrimination and stigmatisation,” said Pierre Meyer (https://www.awid.org/news-and-analysis/emerging-lgbtq-identity-west-africa- aspirations-and-challenges-francophone), legal advisor at the Queer African Youth Network, back in 2015. Four years on and very little has change. Naomi is not able to contemplate transitioning or dressing as she would like to, but she does hope that she will at least see a gradual change in attitudes. In the meantime, the associations within Burkina Faso are looking to set up an observatory, to document the attacks on LGBTI people. “Security, that’s the first step,” says a hopeful Naomi. “Then, when we are no longer afraid, we will be able to be our real selves.”

This story has been translated from French.

Equal Times is a trilingual news and opinion website focusing on labour, human rights, culture, development, the environment, politics and the economy from a social justice perspective.