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Burkina Faso - Consideration of reports submitted by States parties under Article 44 of the Convention: Third and fourth periodic reports of States Parties due in 2008 [2009] UNCRCSPR 11; CRC/C/BFA/3-4 (30 March 2009)

UNITED NATIONS

CRC
G094131900.jpg
Convention on the Rights
of the Child
Distr.
GENERAL

CRC/C/BFA/3-4
30 March 2009

ENGLISH
Original: FRENCH


COMMITTEE ON THE RIGHTS OF THE CHILD

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Third and fourth periodic reports of States Parties due in 2008

BURKINA FASO*


[21 February 2008]

* In accordance with the information given to States Parties on the preparation of their reports, this document has not been reviewed by the Editing Section before transmission to the translation services of the United Nations.

GE.09-41319 (EXT)

CONTENTS

Paragraphs Page
LIST OF ACRONYMS AND ABBREVIATIONS 5
INTRODUCTION 1 - 10 8
GENERAL CONTEXT 11 - 23 9
I. GENERAL MEASURES OF IMPLEMENTATION 24 - 58 11
1.1. Legislation 24 - 29 11
1.2 National action plan 30 - 32 13
1.3 Coordination 33 14
1.4 Independent monitoring bodies 34 - 35 14
1.5 Financial resources for children 36 - 45 15
1.6 Data collection 46 18
1.7 Training and dissemination of the Convention 47 - 53 19
1.8 Cooperation with civil society organizations, NGOs and groups
of children and adolescents 54 - 58 22
II. DEFINITION OF THE CHILD 59 - 65 23
2.1 Measures for monitoring compliance with the recommendations 59 - 62 23
2.2 Legal definition of the child 63 24
2.3 Statistical data 64 - 65 24
III. GENERAL PRINCIPLES 66 - 87 24
3.1 Non-discrimination (article 2) 66 - 67 24
3.2 Best interests of the child (article 3) 68 - 69 25
3.3 Right to life, survival and development (article 6) 70 - 77 25
3.4 Respect for the views of the child (article 12) 78 - 87 27
IV. CIVIL RIGHTS AND FREEDOMS 88 - 110 30
4.1 Name and nationality (article 7) 88 - 96 30
4.2 Preservation of identity (article 8) 97 33
4.3 Freedom of expression (article 13) 98 33
4.4 Freedom of thought, conscience and religion (article 14) 99 33
4.5 Freedom of association and peaceful assembly (article 15) 100 34
4.6 Protection of privacy (article 16) 101 34
4.7 Access to appropriate information (article 17) 102 - 106 34
4.8 Right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment, including corporal
punishment (article 37) 107 - 110 35
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 111 - 149 37
5.1 Parental guidance (article 5) 111 - 115 37
5.2 Parental responsibilities (article 18, paragraphs 1 and 2) 116 - 117 38
5.3 Separation from parents (article 9) 118 38
5.4 Family reunification (article 10) 119 - 121 38
5.5 Recovery of maintenance (article 27, paragraph 4) 122 - 129 38
5.6 Children deprived of their family environment (article 20) 130 - 133 40
5.7 Adoption (article 21) 134 - 139 41
5.8 Illicit transfer and non-return of children from abroad (article 11) 140 - 141 44
5.9 Abuse or abandonment (article 19) and physical and psychological
recovery and social reintegration (article 39) 142 - 148 44

CONTENTS (Cont.)

Paragraphs Page
5.10 Periodic review of placement (article 25) 149 45
VI. HEALTH AND WELL-BEING 150 - 287 45
6.1 Survival and development of the child (article 6, paragraph 2) 150 - 151 45
6.2 Children with disabilities (article 23) 152 - 163 46
6.3 Health and health services (article 24) 164 - 221 50
6.4 Social security and child care services and establishments
(article 26 and article 18, paragraph 3) 222 - 226 69
6.5 Adequate standard of living (article 27, paragraphs 1-3) 227 - 232 69
VII. EDUCATION, RECREATION AND CULTURAL ACTIVITIES 233 - 287 71
7.1 Education, including vocational training and guidance (article 28) 233 - 273 71
7.2 Goals and quality of education (article 29) 274 - 286 84
7.3 Rest, leisure, play and cultural and artistic activities (article 31) 287 87
VIII. SPECIAL PROTECTION MEASURES 288 - 373 88
8.1 Children in emergency situations 288 - 295 88
8.2 Children in conflict with the law 296 - 327 89
8.3 Care for children victims of exploitation, including the promotion
of their physical and psychological recovery and social
reintegration (article 39) 328 - 359 96
8.4 Children belonging to a minority or an indigenous group
(article 30) 360 105
8.5 Children living or working in the street 361 - 373 106
CONCLUSION 374 - 384 107

ANNEXES

  1. BIBLIOGRAPHY 110
  2. STATISTICAL DATA 112

TABLES

Table 1: Budget allocations to the main sectors dealing with issues related to children

(CFAF thousand)

Table 2: Some causes of death among persons under 18, 1999-2006

Table 3: Traffic accident victims by age group, 2000-2006

Table 4: Number of children registered within and after the legal time limit

Table 5: Budget allocations to public and private child placement establishments and foster families (CFAF thousand)

Table 6: Number of children separated from their parents pursuant to a court decision

Table 7: Breakdown of children placed through an international adoption, 1999-2005

Table 8: Change in maternal mortality in HFs, 1999-2005

Table 9: Causes of maternal deaths

Table 10: Change in the annual number of cerebrospinal meningitis cases and deaths, 19992005

Table 11: Number of pre-school facilities and pupils, 2000-2005

CONTENTS (cont.)

Table 12: Financial situation of the TYBEDP as at 30 June 2005 (CFAF million)

Table 13: Change in the MEBA budget, 2001-2005 (CFAF million)

Table 14: Extrabudgetary funding received by MEBA, 2001-2005 (CFAF million)

Table 15: Change in the MESSRS budget, 2001-2005 (CFAF thousand)

Table 16: Minors in pre-trial detention, 1999-2005

Table 17: Convicted minors in detention, 1999-2005

Table 18: Breakdown of the number of sentences imposed on minors, 2005

Table 19: Change in the number of children victims of trafficking, 2000-2004

GRAPHS

Graph 1 Breakdown of maternal mortality per 100,000 parturients by health care region, 2005

Graph 2 Change in the immunization coverage of infants 11 months old or younger

LIST OF ACRONYMS AND ABBREVIATIONS

ABBEF
:
Burkina Faso Association for Family Well-being
ABPAM
:
Burkina Faso Association for the Promotion of Blind and Partially Sighted Persons
ABSE
:
Burkina Faso Association for Children's Survival
ADBC
:
Community-based Distribution Agents
ADD
:
Actions on Disability and Development
AEMO
:
Non-institutional Educational Action
AES
:
Action for Children and Health
AME
:
Association of Mothers Educators
APAID
:
Association for the Promotion of Children's Nutrition
APE
:
Pupils' Parents' Association
ASBC
:
Community-based Health Agent
ATB
:
Burkina Faso Theatre Workshop
ATD
:
Help for Any Distress
CAMEG
:
Generic Medicines and Medical Supplies Purchasing Centre
CAPO
:
Ouagadougou Primary School Artistic Contest
CASEO
:
Ouagadougou Pupils' and Students' Artistic Contest
CBV
:
Assault and battery
CC
:
Criminal Code
CCFC
:
Christian Children Fund of Canada
CCPHO
:
Ouagadougou Community-based Coordination for the Promotion of Persons with Disabilities
CDF
:
Community Development Fund
CDN
:
National Steering Committee
CE1
:
Third (elementary school) grade
CE2
:
Fourth (elementary school) grade
CEBNF
:
Non-formal Basic Education Centres
CEFISE
:
Integrated Education and Training Centre for Deaf and Hearing Persons
CEFS
:
Training and Special Education
CLAC
:
Reading and Cultural Activity Centre
CM
:
Medical Centre
CM1
:
Fifth (elementary school) grade
CM2
:
Sixth (elementary school) grade
CMA
:
Medical Centre with Surgery Unit
CMLS
:
Ministerial Committee for Combating HIV/AIDS
CNLPE
:
National Committee for Combating the Practice of Excision
CONAREF
:
National Committee for Refugees
CONASUR
:
National Council for Emergency Assistance and Rehabilitation
COSPE
:
Framework of Strategic Guidelines for Children's Promotion
CP1
:
First (elementary school) grade
CP2
:
Second (elementary school) grade
CPF
:
Code of the Individual and the Family
CRC
:
Committee on the Rights of the Child
CRS
:
Catholic Relief Service
LIST OF ACRONYMS AND ABBREVIATIONS (cont.)
CSLS
:
Strategic Framework for Combating HIV/AIDS and STDs
CVC
:
Vigilance and Monitoring Committee
DAF
:
Directorate of Financial Administration
DBC
:
Community-based Distribution
DEP
:
Directorate of Studies and Planning
DEPE
:
Directorate of Pre-school Education
DPEA
:
Directorate for the Protection of Children and Adolescents
DSF
:
Directorate of Family Health
EBCVM
:
National Survey on the Living Conditions of Households
EDS
:
Population and Health Survey
EFA
:
Education for All
ENEP
:
National School for Primary Education Teachers
ES
:
Satellite School
ES/CEBNF
:
Satellite School and Non-formal Education Centre
FGM
:
Female Genital Mutilation
FLE
:
Family Life Education
FP
:
Family Planning
GTZ
:
German Organization for Technical Cooperation
HDI
:
Human Development Index
HF
:
Health Facility
HIPC
:
Heavily Indebted Poor Countries
IBFAN
:
International Baby Food Action Network
IEC
:
Information, Education, Communication
ILO
:
International Labour Organization
IDA
:
International Development Association
IMCI
:
Integrated Management of Childhood Illnesses
INSD
:
National Institute of Statistics and Demography
JSAN
:
Complementary Birth-certificate Court Decision
LDCs
:
Least Developed Countries
MAC
:
Remand Prison or Reformatory
MASSN
:
Ministry of Social Action and National Solidarity
MATD
:
Ministry of Territorial Administration and Decentralization
MBDHP
:
Burkina Faso Movement for Human Rights and for the Peoples
MDGs
:
Millennium Development Goals
MPDH
:
Ministry for the Promotion of Human Rights
NGO
:
Non-governmental Organization
OSEO
:
Swiss Workers' Aid Society
OVCs
:
Orphans and Other Vulnerable Children
PANERJ
:
National Plan for Justice Reform
PDSSN
:
National Statistical System Development Project
PFDS
:
Women's Promotion/ Development-Sport
PLWHAs
:
Persons Living with HIV/AIDS
PMCT
:
Prevention of Mother to Child Transmission
PNDIPE
:
National Policy for the Comprehensive Development of Young Children
LIST OF ACRONYMS AND ABBREVIATIONS (cont.)
PNDS
:
National Health Development Plan
PRSP
:
Poverty Reduction Strategy Paper
PSN
:
National Health Policy
PSV/DHTE/FE
:
Programme for sexual health, HIV/AIDS care, human rights and combating trafficking in children and the worst forms of child labour
RGPH
:
General Census of Population and Housing
SCC
:
Save the Children Canada
SP-PAN /ENFANCE
:
Permanent Secretariat of the National Action Plan for Children
SRH
:
Sexual and Reproductive Health
SSRAJ
:
Sexual and Reproductive Health of Adolescents and Young Persons
TFPs
:
Technical and Financial Partners
TGI
:
District Court
TYBEDF
:
Ten-year Basic Education Development Plan
UERD
:
Population Studies and Research Unit
UNAIDS
:
United Nations Joint Programme on HIV/AIDS
UNDP
:
United Nations Development Programme
UNFPA
:
United Nations Population Fund
UNHCR
:
Office of the United Nations High Commissioner for Refugees
UNICEF
:
United Nations Children's Fund
WHO
:
World Health Organization

INTRODUCTION

1. Burkina Faso ratified the Convention on the Rights of the Child in August 1990 without formulating any reservation. Since then, the country has participated in a number of international and regional meetings regarding children's rights and has signed and ratified related agreements and conventions, thereby demonstrating its resolve to work for improving the situation of Burkina Faso children.

2. Pursuant to article 44 of the Convention, Burkina Faso submitted its initial and second periodic reports on the implementation of Convention and in, respectively, 1994 (document CRC/C/3/Add.19) and 1998 (document CRC/C/65/Add.18).

3. Those earlier reports and the recommendations of the Committee on the Rights of the Child (CRC) were broadly disseminated to the public. Thus, a workshop for the presentation of outcomes of the second report was organized for the various ministries, regions, technical and financial partners (TFPs), NGOs and associations active in the area of children. The general public may access the conclusions reached in the reports on the web sites of the Ministry of Social Action and National Solidarity (MASSN) (www.massn.gov.bf) and of the Permanent Secretariat of the National Action Plan for Children (SP-PAN/Enfance) (www.sp-panenfance.gov.bf). This report shall be treated in the same manner.

4. The Committee's concluding observations, adopted (in document CRC/C/15/Add.193 of 9 October 2002) upon consideration of the second report (CRC/C/65/Add.18), were presented to the Cabinet orally in 2003 and Transmitted, for information and action, to the High Commissioners of the provinces, the Regional Directors of Social Action and Solidarity, the technical and financial partners (TFPs), NGOs and Associations.

5. On the Committee's recommendation, the third and fourth periodic reports, due respectively in 2002 and 2007, have been combined into this document, which provides an account of the implementation of the Convention in the period 1999-2006.

6. The process of preparation of this report comprised the following stages:

- Establishment by SP-PAN/Enfance of a steering committee consisting of members of the National Committee for Monitoring and Evaluating PAN/Enfance, TFPs, NGOs, associations and resource persons;

- Recruitment of two national consultants (a legal expert and a social worker);

- Consideration of the first and second draft by the steering committee in two meetings;

- Validation of the third draft during a national workshop attended by the members of the above National Committee, resource persons, including research and planning directors of the ministries concerned with children's issues, the Children's Parliament and civil society organizations;

- Adoption of the report by the Cabinet.

7. The members of the above National Committee have been the main actors in the preparation of the report. The National Committee consists of representatives of the ministries concerned, TFPs, NGOs, associations and religious and traditional leaders active on child issues. The Children's Parliament and Burkina Faso's representatives to the Committee on the Rights of the Child (CRC) and the African Committee of Experts on the Rights and Welfare of the Child have been consulted.

8. The report has been drawn up in accordance with the Committee 's guidelines, as revised in 2005, and comprises the following sections:

  1. General measures of implementation
  2. Definition of the child
  3. General principles
  4. Civil rights and freedoms
  5. Family environment and alternative care
  6. Health and well-being
  7. Education, recreation and cultural activities
  8. Special protection measures


9. Each section recalls the respective recommendations formulated in document CRC/C/15/Add.193 and provides information on the specific steps taken as a follow-up to those recommendations and the programmes and main legislative, judicial, administrative or other measures introduced for the implementation of the Convention. The report also contains information on the relevant State budget allocations and partner contributions. Statistical data, difficulties and future efforts are discussed.

10. Because of data collection inadequacies and insufficient disaggregating according to the guidelines, the statistical figures contained in the report are merely illustrative.

GENERAL CONTEXT

11. Burkina Faso is a Sahel country located at the centre of West Africa. With a total surface area of 274,200 km2, it shares borders with Côte d'Ivoire to the south-west, Ghana and Togo to the south, Benin to the south-east, the Niger to the east and north-east and Mali to the west and the north.

12. The climate of Burkina Faso is of the Sudano-Sahelian type, characterized by a long dry season from October to April and a rainy season from May to September. Average annual rainfall is 250-500 mm in the extreme north, 500-1,000 mm in the centre-north and 1,000-1,300 mm in the west and south-west. Generally speaking, the country's natural environment is arid. As a whole, the topsoil is thin and soil fertility low.
13. The latest General Census of Population and Housing (RGPH), held in 1996, put the country's population at 10,312,609. Projections based on that census led to population estimates of 12,505,400 in 2003 and 13,117,147 in 2006, including 7,512,439 persons aged 18 or less. At an annual demographic growth rate estimated at 2.37 per cent, the population is expected to reach approximately 16 million in 2015 and to double its 1996 size by 2025. The Burkina Faso population is extremely young, as persons under 15 and over 65 years of age account, respectively, for 47.9 and 3.7 per cent of the inhabitants. This situation implies a dependency ratio of 106.6 per cent.

14. Under article 31 of the Constitution adopted in 1991, Burkina Faso is a democratic, unitary and secular State. The democratization process, launched with the adoption of the Constitution, is based on a multi-party republican system and separation of powers. Presidential, legislative and municipal elections have taken place since 1991, with the third legislative elections scheduled to be held in 2007.

15. According to article 124 of the Constitution, judicial power is exercised by the judges. Throughout the national territory, justice is administered by the following judicial and administrative authorities: Court of Cassation, the State Council, the Court of Auditors and the Courts.

16. In order to strengthen the rule of law and judicial power, a national forum, organized on the initiative of the Head of State, was held in Ouagadougou on 5-7 October 1998 to analyze the main malfunctions, weaknesses and challenges in that area and to propose strategies for building a well-organized, effective, independent and reliable judiciary. The recommendations of the forum served as a frame of reference for the development and adoption of the National Plan for Justice Reform (PANERJ), implemented in the period 2002-2006 with European Union support.

17. A process of decentralization of the administration of the territory was launched in 1998, bringing into effect article 143 of the Constitution, according to which "Burkina Faso is organized into territorial units". To that end, a set of guidelines was adopted in 1998 and amended in 2003 and 2004. Decentralization establishes the right of local authorities, as a legal entities, to freely exercise self-administration and to manage their own business with a view to promoting grass roots development and strengthening local governance.

18. Under Act No. 055-2004/AN of 21 December 2004, the territorial units are the region and the commune. A region is managed by an elected regional council with a chairman and two deputy chairmen. A commune is managed by an elected municipal council with a mayor and two deputy mayors. The communes of Ouagadougou and Bobo-Dioulasso enjoy a special status, being organized into districts headed by district mayors.

19. On the national territory, the State is represented at the level of the administrative areas, comprising 13 regions, 45 provinces and 350 departments.

20. Despite significant progress achieved in the area of education in recent years, access to basic education is still limited in Burkina Faso. Estimated at 42.7 per cent in 2001, the gross enrolment ratio (GER) attained 57.2 per cent in 2005, which means that a large percentage (43 per cent) of children do not attend school. The education system continues to display considerable disparities related to gender, geographical area and place of residence. In 20032004, GER for boys and girls at the national level amounted to, respectively, 58.1 and 46.2 per cent. The quality and relevance of instruction are issues of constant concern for the education system. The literacy rate increased from 29 per cent in 2001 to 32 per cent in 2004.

21. Burkina Faso's health-care profile is one of the least satisfactory in West Africa. The overall morbidity and mortality rates are still high. Child mortality (184 per thousand) and maternal mortality (484 per 100,000 live births) are compounded by a relatively high - although steadily declining - prevalence of HIV/AIDS (4.2 per cent at the end of 2002 and 2.7 per cent in 2004), making Burkina Faso one of the sub-region's most affected countries.

22. As a result of extensive political, social and economic reforms aimed at sustainable development, an average annual economic growth rate of approximately 5 per cent has been maintained for nearly a decade despite the unfavourable natural environment. In view of low per capita income, equivalent to barely US$300, Burkina Faso is one of the least developed countries (LDCs). According to the Human Development Report 2004, published by the United Nations Development Programme (UNDP), Burkina Faso, with a human development index (HDI) estimated at 0.302, ranks 175th among 177 countries. Moreover, the findings of a 2003 national survey on household living conditions show an upward trend in the incidence of poverty, which increased from 45 per cent in 1998 to 46.4 per cent in 2003. Although spreading in urban areas, poverty in Burkina Faso is still primarily a rural phenomenon (to the extent of 52.3 per cent in 2003, compared to 51 per cent in 1998). Because of limited access to the factors of production and to resources, women are more vulnerable to poverty than men. In order to address the complex problems related to development, the Government drew up in 2000 a Poverty Reduction Strategy Paper (PRSP), whose main goal is to promote human security. PRSP reviews, the first of which took place in 2003, are to be held every three years.

23. Numerous NGOs and civil society associations for the promotion of the rights of the child have been formed in the last decade. Civil society actively develops many related information, training and education activities targeting the population. It also provides care for Orphans and Other Vulnerable Children (OVCs), particularly in the areas of education and health.

1. GENERAL MEASURES OF IMPLEMENTATION

1.1. LEGISLATION


Recommendation formulated in CRC/C/15/Add.193, paragraph 8 (a): Taking all necessary steps to harmonize existing legislation and customary law with the Convention.

24. Burkina Faso belongs to the so-called "direct application" countries. In other words, it is governed by the principle that any international convention or agreement signed and ratified by the country takes precedence over domestic law and is immediately applicable (article 151 of the Constitution).

25. However, measures have been taken in view of the new forms of violence suffered by children. By decrees No. 2005-038 of 30 May 2005 and No. 2006 of 3 February 2006, the Minister of Justice appointed a chairman and renewed the membership of the National Codification Commission (CNC), whose sub-commission for criminal affairs plans to review the Criminal Code (CC) in order to define new offences against children (inter alia, child pornography and activities related to transnational organized crime), and the criminal procedure code in order to, inter alia, revise judicial procedures for minors.

26. Since the entry into force of the Code of the Individual and the Family (CPF) on 4 August 1990, customary law has ceased to apply to personal and family issues (CPF, article 066). In practice, however, many people in the country maintain traditional attitudes towards marriage and other family relations. Only long-term information and awareness-raising efforts will lead to behaviour compatible with the law.

Recommendation, paragraph 8 (b): Considering adopting a comprehensive children’s code which will reflect the general principles and provisions of the Convention.

27. Burkina Faso is in the process of establishing a Child Code. To that effect, and as the first step in a process expected to ultimately harmonize national legislation with Burkina Faso's international commitments, the Ministry for the Promotion of Human Rights (MPDH) has assembled all international, regional and national legal provisions currently in force for the protection of the rights of the child.

Recommendation, paragraph 8 (c): Ensuring the implementation of the State party's legislation.

28. Since the ratification of the Convention by Burkina Faso, many efforts have been made to implement it as law. Accordingly, training in the content and implementation of the Convention has been provided to judges and law officers, law enforcement units (the police and the gendarmerie) and detention centre security personnel. In practice, judges endeavour to take the Convention into consideration in hearing cases involving children (in relation to alimony, custody, adoption and any violations of the rights of the child).

29. In the period covered by the report, Burkina Faso ratified international conventions, signed agreements and enacted legislation for the protection of children. The following such instruments should be noted:

- International conventions:

  1. International Labour Organization (ILO) Convention No. 182 of 17 June 1999 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, ratified on 25 June 2001;
  2. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol), Supplementing the United Nations Convention against Transnational Organized Crime, adopted on 19 February 2002;
  3. Two Optional Protocols to the Convention on the Rights of the Child, namely, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, ratified, respectively, by decrees No. 2005-660/PRES/PM/ MAECR/MASSN and No. 2005-661/PRES/PM/MAECR/MASSN of 30 December 2005.

- International agreements:

  1. Cooperation agreement of 25 June 2004 between Mali and Burkina Faso on combating trafficking in children, focusing on the cross-border aspects of that phenomenon;
  2. Multilateral cooperation agreement, signed on 27 July 2005, between Burkina Faso and eight other countries regarding trafficking in children;
  3. Multilateral cooperation agreement concluded on 6 July 2006 with 23 other countries in Central and West Africa for combating trafficking in persons, particularly women and children, and the related action plan, 2007-2009.

- National legislation

  1. Act No. 38-2003/AN of 27 May 2003 on the definition and punishment of trafficking in children;
  2. Act No. 28-2004/AN of 8 September 2004 amending the Act of 17 May 1993 on judiciary organization;
  3. Act No. 33-2004/AN of 14 September 2004, raising the minimum age for employment from 14 to 15 years.

1.2. NATIONAL ACTION PLAN


Recommendation, paragraph 10: Taking all necessary steps for the full implementation of the National Action Plan.

30. The National Action Plan, 1991-2000, was followed by discussions on taking children into consideration in the national development strategy and, ultimately, by the formulation of a framework of strategic guidelines for children's promotion (COSPE) in the period 2006-2015. COSPE is currently in the finalization stage.

31. The operational tool for implementing COSPE is a national action plan for the survival, protection and development of children in the period 2006-2010. The plan constitutes a country-wide, multi-sector and decentralized response to the problems faced by children.

32. Monitoring procedures and an evaluation framework are provided for with regard to the implementation of the plan. Monitoring, based on key indicators of the state of advancement of activities, will be conducted by SP-PAN/Enfance at the central level and by the decentralized units of MASSN.

1.3. COORDINATION


Recommendation, paragraph 12: Allocating sufficient human and financial resources to the coordination mechanism.

33. The activity planning staff of SP-PAN/Enfance, which is the executive unit of the coordination mechanism, has been strengthened with a social affairs administrator, a young children's education inspector and a lawyer. In total, the personnel comprises 14 persons, including 8 technical staff members and 6 support workers (a secretary, a driver, a labourer, a liaison person and a guard). State allocations to the unit increased from CFAF 18.5 million in 2002 and 2003 to CFAF 21.5 million in 2004, CFAF 22.3 million in 2005 and CFAF 26 million in 2006 (SP- PAN/Enfance).

1.4. INDEPENDENT MONITORING BODIES


Recommendation, paragraph 14: Considering the structure and functions of the National Commission on Human Rights, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights; allocating sufficient financial and human resources to the National Commission on Human Rights; and seeking technical assistance from, among others, the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the United Nations Children's Fund (UNICEF).

34. There exists no independent structure with jurisdiction to receive and process complaints filed by individuals regarding violations against the rights of the child. The structure and mandate of the National Commission for Human Rights (CNDH) have not yet been revised to that effect. Accordingly, CNDH does not treat complaints to resolve them but, if necessary, formulates opinions on solutions that may remedy a violation. However, some human rights NGOs and associations, such as the Burkina Faso Movement for Human Rights and for the Peoples (MBDHP), the Association of Women Lawyers, the "Women's Promotion/ Development-Sport" (PFDS) association, provide outreach, advice and guidance services for victims of human rights violations. Children have recourse to such bodies, usually through their parents (their mother in particular), or directly, during discussion meetings organized for children. As a rule, the cases in question concern inheritance problems. In 2004 and 2005, for instance, MBDHP supported two young girls in recovering inheritance of which they had been despoiled.

35. Since 2005, CNDH, whose human and financial resources are inadequate, receives financial support from the European Union through the Fund for the Promotion of the Rule of Law (FAED) in order to enhance the capacities of its members.

1.5. FINANCIAL RESOURCES FOR CHILDREN


Recommendation, paragraph 16 (a): Making every effort to increase the proportion of the budget allocated to the realization of children’s rights to the “maximum extent ... of available resources” and, in this context, to ensure the provision, including through international cooperation, of appropriate human resources and to guarantee that the implementation of policies relating to social services provided to children remain a priority.

36. There is no specific budget allocation for implementing the rights of the child. All programmes and projects carried out by the various Ministries (in such areas as, inter alia, health, education, justice, water, sanitation and transport) are directly or indirectly beneficial to children. Moreover, substantial programmes for children are carried out in relation to education, health and nutrition (including measures against HIV/AIDS), drinking water and sanitation, housing and social protection (inter alia, protection of children at risk and social and economic integration of young persons), areas which constitute priority sectors under the PRSP.

37. Table 1 shows appropriations for the social sectors in the period 1999-2005. Clearly, an overall effort has been made to allocate at least 20 per cent of the State budget to the those sectors. As a rule, individual sectors receive less than 10 per cent of the budget, with the highest share of budget allocations (11.44 per cent in 2003) earmarked for the sector of the Ministry of Basic Education and Literacy (MEBA) and the lowest (less than 1 per cent per year) for the sector of social action and national solidarity.

CRC/C/BFA/3-4
page 16




Table 1: Budget allocations to the main sectors dealing with issues related to children (CFAF thousand)
YEAR:
1999

2000

2001

2002

2003

2004

2005

SOCIAL SECTORS
Amount
%
Amount
%
Amount
%
Amount
%
Amount
%
Amount
%
Amount
%
HEALTH
38,111,646
8.20
33,484,238
7.26
30,493,032
6.27
38,266,885
6.74
40,559,494
6.58
33,404,674
5.01
45,239,369
5.80
MEBA
38,029,109
8.18
44,679,492
9.68
40,080,521
8.24
55,679,526
9.81
70,498,234
11.44
47,086,928
7.07
85,410,380
10.96
Ministry of Secondary and Higher Education and Scientific Research (MESSRS)
28,658,471
6.17
29,176,049
6.32
33,537,333
6.90
33,810,491
5.96
36,566,666
5.93
28,066,397
4.21
38,551,504
4.95
MASSN
1,950,681
0.42
2,977,133
0.65
2,823,382
0.58
2,967,327
0.52
3,586,026
0.58
2,654,183
0.40
4,303,186
0.55
Total, social sectors
106,749,907
22.97
110,316,912
23.90
106,934,268
21.99
130,724,229
23.03
151,210,420
24.54
111,212,182
16.70
173,504,439
22.26
Total State budget
464,761,760

461,495,796

486,383,506

567,584,667

616,212,919

666,129,347

779,337,292

Source: Budget Acts, 1999-2005















38. At the level of international cooperation, a number of development partners support the State in implementing policies and programmes for children, particularly in the areas of education and health. For instance, six agreements were signed in 2005 for funding education and health projects and programmes, whose total cost of CFAF 70,190,500,000 is financed by the Netherlands, Sweden, the Danish International Development Agency (DANIDA), the United States Agency for International Development (USAID), the International Development Association (IDA), Japan and the African Development Bank (AfDB) (Ministry of Finance and the Budget (MFB) / General Directorate of Cooperation (DGCOOP)). In 2006, seven agreements concerning the areas of health, education and culture and totalling CFAF 40,320,554,989 were signed with France, IDA and the United Nations Population Fund (UNFPA).

39. The steady growth of assistance for the sector of education, literacy and vocational training since 1998 suggests the development partners' renewed interest in that area. In fact, Official Development Assistance (ODA) to that sector increased from US$33.11 million in 1998 to US$34 million in 1999, US$36.78 million in 2000 and US$50.62 million in 2001 (UNDP, Burkina Faso: Cooperation for development, 1999 report). In the period 1997-2008, 15 agreements were signed, mobilizing for MEBA a total amount of CFAF 68,567,311,907, contributed by a number of partners (MFB/DGCOOP).

40. In the health sector, assistance was provided in 2001 primarily to the sub-sectors of policy development and sectoral planning (45 per cent), immunization and campaigns against diseases and primary health care (18 per cent) (UNDP, Burkina Faso: Cooperation for development, 2001 report). In the period 1997-2011, 22 agreements were signed for a total amount of CFAF 6,386,932,253,101.

41. In the area of multilateral cooperation, total UNICEF and UNFPA contributions to the 2001-2005 cooperation programme amounted to, respectively, US$52,902,541.10 and US$11,432,365.

42. The main bilateral cooperation partners are:

- The Federal Republic of Germany, through the following two initiatives:

  1. Children's Fund, set up in March 2005 to support activities aimed at combating trafficking in children and the worst forms of child labour. Total commitments between March 2005 and July 2006 amounted to CFAF 285,829,805 and covered the areas of information and communication, institutional support, building of infrastructure, school enrolment support, vocational training and promotion of income-generating activities;
  2. Programme for sexual health, HIV/AIDS care, human rights and combating trafficking in children and the worst forms of child labour (SV/DHTE/FE) over a 12-year period. The budget for the first phase (2004-2006) amounts to CFAF 2,610,708,800.

- The European Union, which, through FAED, has provided financial support totalling CFAF 355,070,009 to associations for carrying out activities promoting the rights of the child.

43. NGOs have made the following contributions:

- Plan Burkina Faso: Cooperation contributions in the period 1999-2006 totalled US$51,924,470.52, broken down among various areas as follows (in US dollars):

  1. Children's health: 8,701,045.87
  2. Drinking water: 9,252,297.68
  3. Education: 28,618,533.20
  4. HIV/AIDS: 2,400,472.45
  5. Food security: 2,952,121.32

- AXIOS Foundation: Approximately CFAF 12 million per year have been contributed to the organization's support programme for MASSN in relation to care for OVCs and the registration of births.

Recommendation, paragraph 16 (b): Developing ways to assess the impact of budgetary allocations on the implementation of children’s rights, and to collect and disseminate information in this regard.

44. No methods are yet available for assessing the overall impact of budgetary allocations on the implementation of children's rights.

Recommendation, paragraph 16 (c): Undertaking a study on the impact of structural adjustment programmes on the right of children to social services.

45. No such study has so far been undertaken.

1.6. DATA COLLECTION


Recommendation, paragraph 18: Developing a system of data collection and indicators consistent with the Convention and disaggregated.

46. The development of an ongoing data-collection system, launched in 2002 with TFP support, is in progress. It involves a community-based approach for the collection, processing and dissemination of statistical information on children and women with a view to assisting activity planning and decision making. The pilot phase of the project, focused on trafficking in children and the worst forms of child labour, covered three regions comprising 11 provinces and will be followed by progressive expansion to all of the country's 13 regions. Gender-, age- and area-disaggregated indicators have been established with appropriate data collection tools.

1.7. TRAINING AND DISSEMINATION OF THE CONVENTION


Recommendation, paragraph 20 (a): Strengthening dissemination and sensitizing society to children’s rights.

Recommendation, paragraph 20 (b): Systematically involving traditional leaders in the programmes.

Recommendation, paragraph 20 (c): Systematically training and sensitizing all professional groups.

47. The following activities have been undertaken in order to enhance awareness of the Convention among the adults and the children:

- Lectures, organized mainly by SP-PAN/Enfance, the decentralized units of MASSN and the Armed Forces, with support from Save the Children Sweden through ECOWAS and civil society (NGOs and associations). In the period 1999-2006, 62 such lectures were attended by 8,122 persons, consisting of trainees at the police and gendarmerie academies and at schools for basic education teachers and social workers. The lectures were also attended by prefects, mayors and population registrars.

- Training activities: In the period 1999-2006, SP-PAN /Enfance trained 690 persons, broken down as follows:

- Information and awareness-raising initiatives: These activities are mainly informal discussions, film projections, counselling sessions and radio broadcasts carried out by the decentralized units of MASSN, the Children's Parliament, NGOs and associations. In 2005, for instance, the above MASSN units organized 629 informal discussions, 63 film discussions on the rights of the child, 56 radio broadcasts and 89 counselling sessions (Annual Report on Activities, 2005). In the period 1999-2005, Plan Burkina Faso organized, in local languages, forum theatre performances aimed at raising awareness of children's rights in 535 villages. Plan Burkina Faso also carries out advocacy and awareness-raising activities, including the award of a special prize for the best film addressing the issue of children's rights, during the Ouagadougou Pan-African Festival of Cinema and Television (FESPACO).

- Rights education: Such instruction is provided in four professional schools (ENAM, the police and gendarmerie academies and the National Institute for Training in Social Work (INFTS) through a training module developed to that effect. Moreover, training in "children's rights before, during and after armed conflicts" has been provided since 2003 in all military schools. Such activities are carried out by a team of military training officers. Furthermore, as part of a pilot project conducted over three school years (2001-2004), Plan Burkina Faso offered training in children's rights education to 200 teachers and 50 educational counsellors in 50 elementary schools located in the organization's areas of activity. In that connection, 10,000 educational comic strips and 5,000 training guides were produced.

- Production and dissemination of a "Guide to the rights of the child". This document, prepared with UNICEF support and distributed broadly, presents the content of the Convention in simple language and describes positive and negative situations involving the rights of children. Addressing mainly children, the guidebook is currently translated into seven local languages with support form the German Organization for Technical Cooperation (GTZ) (through SV/DHTE/FE). More than 17,000 documents on the rights of the child, including the Convention, have been distributed (MASSN, SP-PAN/Enfance).

- Production and dissemination of a compendium on the Child Protection Code by MPDH;

- Publication of a quarterly review entitled "Children: A Priority" by the Directorate for the Protection of Children and Adolescents (DPEA) in MASSN, with UNICEF support. Printed in 3,000 copies and distributed to various State units and partners, the compendium addresses such subjects related to the child as trafficking in children, child abuse, adoption and education.

- Observance of international days: Every year, the Day of the African Child (16 June) is used to focus on a particular theme. In the last three years, the themes have been "The child and the family", "African orphans: Our collective responsibility" and "Combating trafficking in children and children's distress". The International Day of Families (15 May) has been used to focus on the following themes: "Family, poverty and reduction of mother to child HIV transmission" (2004); "The family and the promotion of the adolescents' sexual and reproductive health (SRH): An alternative to combating sexually transmitted diseases (STDs) and HIV/AIDS" (2005); and "Knowledge and exercise of the rights of the family: A guarantee for the promotion of individual and collective rights for durable human development" (2006). Such international days offer an opportunity to draw the national and international community's attention to the problems faced by children.

- Organization of contests related to the rights of the child: A contest among secondary school students, held by MPDH every year since 2002 during an event known as the "National week for citizenship", leads to a prize award on 10 December, anniversary of the Universal Declaration of Human Rights. In the period 2004-2006, 7,251 children participated in the contest.

48. In addition to attending relevant training activities, traditional chiefs and religious leaders, in their capacity as members of the National Committee for Monitoring and Evaluating PAN/Enfance, are systematically involved in implementing the Convention. Moreover, they actively participate in the promotion of children's rights. For instance, an information and training seminar was organized in August 2006 for 100 central-region children by the Belem Wentiga (BELWET) association, lead by Larlé Naba (Minister for Moro Naba, Chief of the Mossi) with UNICEF support.

49. Future efforts will consist in the following training and dissemination measures in relation to the Convention:

- Teaching of the rights of the child in primary and secondary education subsequent to an experimental project in such instruction during the 2006-2007 school year with technical and financial support from GTZ (PSV/DHTE/FE) and Plan Burkina Faso;

- Organization, starting in 2006, of a Press Day on the rights of the child on 20 November;

- Distribution of the Guide to the rights of the child in local languages, with a view to ensuring ownership of its contents by most of the population, including children;

- Continuation of information, training and awareness-raising meetings on the rights of the child;

- Continuation of the distribution of the MPDH compendium.

Recommendation, paragraph 20 (d): Ensuring that MPDH is paying adequate attention to children’s rights.

50. MPDH pays special attention to the promotion of the rights of the child. To that end, its operational programme includes activities focused on the promotion and protection of children's rights. Such attention is attested by the drawing up of the Child Protection Code; the organization of the "National week for citizenship" with a special emphasis on children's rights through related contests; and the forum theatre performances produced in local languages on human rights, including the rights of the child (in the face of, inter alia, forced marriage, birth registration failure and female genital mutilation (FGM)).

Recommendation, paragraph 20 (e): Promoting human rights education, including the rights of the child.

51. Human rights and the Convention are taught in the main professional schools. Moreover, the education system reform provides for instruction on human rights, including the rights of the child,.

52. The following main difficulties are encountered in the area of general measures of implementation of the Convention:

- The State's limited resources;

- The population's poverty;

- Social and cultural obstacles.

53. Future efforts will focus on the implementation of poverty reduction programmes and ongoing awareness-raising campaigns addressing the population, including children, with a view to ensuring that the rights of the child are taken into consideration more effectively.

1.8. COOPERATION WITH CIVIL SOCIETY ORGANIZATIONS, NGOS
AND GROUPS OF CHILDREN AND ADOLESCENTS


54. The implementation of the Convention is pursued by the State bodies in partnership with civil society organizations (traditional and religious authorities, and associations) and national and international NGOs. As members of the National Committee for Monitoring and Evaluating PAN/Enfance, they participate in discussions and decision-making regarding the rights of the child.

55. The various partners contribute technical and financial support for the implementation of the policy for the promotion and protection of the child. Their field of action is extensive, covering, inter alia, children living in particularly difficult conditions, education and vocational training, health and nutrition, water and sanitation, information, training and awareness of the rights of the child.

56. Since its creation in February 1997, the Burkina Faso Coalition for the Rights of the Child (COBUFADE) cooperates with the Government in monitoring, evaluation and training activities undertaken by the State with regard to children's rights. Thanks to the Coalition, the activities of the various actors operating in the field are coordinated and monitored more effectively. In the period 1999-2005, COBUFADE continued to carry out campaigns for raising awareness of the rights of the child; and focused on the problems related to child labour in agriculture and the urban informal sector, girls domestic servants, children at gold washing sites and trafficking in children. Research was launched in order to gain insight into the problems tackled and to provide arguments for advocacy and for lobbying the decision makers. An appreciable volume of awareness-raising tools and material were produced.

57. In order to coordinate and build on the efforts made, the State has set objectives in the areas of activity of the organizations concerned. In recent years, efforts have been made to improve coordination among the actors. Periodic discussions for promoting concerted action on specific issues were instituted at the level of DPEA, enabling the partners to exchange views on such problems as, inter alia, trafficking in children, street children and adolescents, and begging.

58. The Children's Parliament, the Child and Young Workers' Association, the African Network for youth, health and development (RAJS) and other associations request to organize conferences on the rights of the child and participate in meetings held by MASSN. The numerous requests for partnership received by MASSN point to an intensification of cooperation.

II. DEFINITION OF THE CHILD

2.1. MEASURES FOR MONITORING COMPLIANCE WITH THE RECOMMENDATIONS


Recommendation, paragraph 22 (a): Ensuring respect for the minimum age of marriage set up in the Code of the Individual and the Family (CPF) (article 238), amending article 376 of the Criminal Code in that regard, and developing sensitization programmes involving community and traditional leaders and society at large, including children themselves, to curb the practice of early and forced marriage.

59. Marriages celebrated at the population register office by the registrar comply with the minimum age stipulated by CPF, namely, 17 years for girls and 20 years for boys. This age difference reflects social reality insofar as girls not having enrolled in school or having dropped out tend to get married. Registrars have received training in applying CPF, particularly through a project entitled "Information and sensitization to CPF for family well-being", implemented by MASSN in the period 1995-2005.

60. Public prosecutors inspect population registers at the municipal headquarters and prefectures at least once a year to ensure that proper records are maintained. No case of non-compliance with the relevant provisions has so far been reported.

61. Forced and early marriages fall outside the purview of public administration, in the form of traditional and religious weddings which are neither recognized nor prohibited by the law. NGOs, associations, religious missions and State bodies organize awareness-raising campaigns against such practices. Girls fleeing a forced marriage receive accommodation and care, particularly in religious establishments. As part of the CC review, CNC will amend CC article 376 so as to prohibit any marriage at odds with the provisions on minimum age and consent of the parties.

Recommendation, paragraph 22 (b): Taking all necessary measures to ensure that employment of children does not interfere with their right to education.

62. Efforts have been made at the legislative level to combat child labour. As part of Labour Code review, the minimum age for employment has been raised from 14 to 15 years, an age, however, incompatible with the Framework Act on Education, which provides for compulsory education through the age of 16.

2.2. LEGAL DEFINITION OF THE CHILD


63. The definition of the child in the national legislation (CPF) does not conform with the definition provided in the Convention. There is, however, a tendency towards convergence inasmuch as, under article 145 of the Labour Code, "any person under 18" is a child and, in 145 of Act No. 038-2003/AN of 27 May 2003 on the definition and prosecution of trafficking in children, a child is defined as "any human being less than 18 years old".

2.3. STATISTICAL DATA


64. According to the 1996 RGPH, of the country's total population of 10,312,609, 5,658,065 or 54.86 per cent were persons under 18.

65. According to projections based on the above census, the population in 2006 is estimated at 13,117,147, including 7,512,439 persons under 18.

III. GENERAL PRINCIPLES

3.1. NON-DISCRIMINATION (article 2)


Recommendation, paragraph 24 (a): Making greater efforts to ensure that all children within the State's jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2.

Recommendation, paragraph 24 (b): Prioritizing and targeting social services to children belonging to the marginalized and most vulnerable groups through a proactive and comprehensive strategy.

Recommendation, paragraph 24 (c): Ensuring effective law enforcement, undertaking studies and launching comprehensive public information campaigns to prevent and combat all forms of discrimination, where needed within the framework of international cooperation.

66. In partnership with civil society organizations, the State takes measures to reduce, as much as possible, disparities in the enjoyment of rights between, inter alia, urban and rural children, and girls and the boys. Geographic areas lagging behind in such areas as education and health are targeted in priority. That approach has lead to positive results. Actually, according to MEBA progress scoreboard information for 2005, school enrolment ratios in the 20 priority provinces increased by 18.3 per cent compared to 10.5 per cent in the other provinces. Moreover, new admissions to the first grade (CP1) are increasing by 25 per cent per year. Furthermore, a gender policy currently under development is expected to contribute to reducing inequalities between girls and boys. The main objective is to render society's perception of gender relations more positive. Steps have also been taken to reduce gender inequalities in respect of the right to education (cf. section 7.1 infra on "Education, including vocational training and guidance").

67. The creation of public bodies, such as the General Directorate for Solidarity, the Permanent Secretariat of the National Solidarity Fund and the National Council for Emergency Assistance and Rehabilitation (CONASUR), with a view to promoting the rights of children belonging to the least privileged groups demonstrates the Government's resolve to build on nation-wide solidarity for assisting the poorest citizens. Accordingly, assistance is provided to the parents of the children in question and to foster care establishments. With support from such partners as UNICEF, Plan Burkina Faso and AXIOS Foundation, the State endeavours to ensure that these children enjoy the right to, inter alia, education, health, nutrition, civil status, drinking water and recreation. To that purpose:

- A Solidarity Fund for AIDS patients and orphans has been set up.

- In the period 2002-2005, 20,881 VOCs victims of AIDS received from the above fund CFAF 626 million in support for school supplies. Every year, the National Solidarity Fund releases CFAF 15 million for school supplies for 4,000 needy pupils. In 2005, UNICEF provided support for the procurement of school supplies for 850 pupils repatriated from Côte d'Ivoire as a result of conflict in that country.

- In the period 2002-2005, 160,991 disaster victims and repatriates from Côte d'Ivoire received assistance for nutrition, health care and basic material needs (MASSN, Annual Report on Activities, 2005).

- Orphan and abandoned children reception and care establishments receive State subsidies, which in 2005 and 2006 totalled, respectively, CFAF 35,950,000 and 50,000,000 (MASSN Directorate of Financial Administration (DAF)).

- Free civil registration campaigns are organized, especially on the International Day of Families (15 May) and the Day of the African Child (16 June).

3.2. BEST INTERESTS OF THE CHILD (article 3)


68. In the period covered by the report, the children's interests were taken into consideration in adopting, ratifying and implementing legal instruments by consulting the Children's Parliament on all major national decisions and through the involvement of civil society.

69. Cf. second periodic report, section III (B), p. 17.

3.3. RIGHT TO LIFE, SURVIVAL AND DEVELOPMENT (article 6)


70. Children's right to life is recognized in Burkina Faso. However, although abortion is prohibited by law, the increase in the number of illegal abortions gives cause for concern in view of the significant risks, to which the victims, mainly adolescents, are thereby exposed. According to a survey conducted in 2004 by the Population Studies and Research Unit (UERD), of the 7,764 abortions performed in one year in Ouagadougou alone (a considerable figure), 61 per cent involved 15-19-year-old girls. Moreover, the United Nations Joint Programme on HIV/AIDS (UNAIDS) estimates that approximately 50 per cent of new infections occur among young persons and therefore seriously endanger the life and survival of children.

71. Table 2 provides statistics on specific causes of death among children. The data, collected in the country's five main cities, namely, Ouagadougou, Bobo-Dioulasso, Ouahigouya, Koudougou and Banfora, show that, of the total number of 715 deaths which occurred in the period considered, 446, or 62 per cent, were due to traffic accidents. The city of Ouagadougou alone accounted for 305, or 68 per cent, of those fatal accidents. No cases of extra-judicial execution or capital punishment were reported.

Table 2: Some causes of death among persons under 18, 1999-2006
Years

Causes
1999
2000
2001
2002
2003
2004
2005
2006 (up to 31 July)
1999
Extrajudicial, summary or arbitrary executions
0
0
0
0
0
0
0
0
0
Capital punishment executions
0
0
0
0
0
0
0
0
0
Traffic accidents
62
45
36
45
66
49
74
69
446
Other accidents
20
24
33
38
28
32
49
45
269
Total
82
69
69
83
94
81
123
114
715

Source: Fire brigade and gendarmerie

72. Table 3, providing statistics on victims of traffic accident, shows that at 15 years of age children begin to be more exposed to this risk, probably because children are the most frequent users of two-wheel vehicles, particularly during the school year.

Table 3 : Traffic accident victims by age group, 2000-2006
Age
Year
0-10
10-15
15-20
20-30
30-40
40-50
50-60
60 or more
TOTAL
2000
26
155
1,625
2,575
195
121
62
7
4,766
2001
27
73
1,945
2,476
70
83
66
2
4,742
2002
66
142
1,463
2,444
260
73
51
9
4,508
2003
47
184
1,622
2,789
124
86
62
7
4,921
2004
21
118
1,365
2,187
79
28
41
3
3,842
2005
74
176
1,531
2,987
102
71
85
7
5,033
2006
43
105
1,136
2,311
72
53
43
6
3,769
TOTAL
304
953
10,687
17,769
902
515
410
41
31,581
Source: Fire brigade

73. The following are some of the measures taken for the security of children:

- Raising awareness of traffic issues by the municipal police in cooperation with a television channel (Canal 3) and a private radio station (Radio Pulsar);

- In August 2006, introduction by the Government of the obligation to wear a helmet;

- Intermittent presence of policemen at traffic lights and main intersections in the major cities to dissuade poor driving.

74. Civil society is actively involved in these efforts. The Association for Traffic Education for Children (AERE), created in 1995, carries out the following activities with UNICEF, UNDP and TOTAL (Burkina Faso) support:

- Training and awareness raising at reduced prices in the educational establishments during the school year. The fees (CFAF 250 per hour) are borne by the Pupils' Parents' Association (APE), the school management or the parents. Approximately 800 pupils attend these activities every year.

- Theoretical and practical training in traffic regulations at a centre set up for children to that purpose. The training is provided at the following three levels corresponding to the children's school level: A primary education level (CFAF 5,000), a lower secondary education level (CFAF 7,500) and an upper secondary education level (CFAF 10,000).

- Cooperation with the Directorate of Road Safety for mounting and managing traffic signs and lights. These activities are coordinated by a National Committee for Road Safety.

75. The members of the Brigade of Young Road-Safety Volunteers, created in 1999 and funded by the Foncias SA insurance company and the Automobile Inspection and Control Centre (CCVA), control traffic on the major thoroughfares and at nearby school access points.

76. Some insurance companies offer reduced prices (CFAF 2,500) for covering pupils against risks related to sports, laboratory work and traffic during the school year.

77. The main challenges with regard to road safety are the following:

- Excessive number of two-wheel vehicles;

- Inadequate development of public and, especially, schoolchildren's transport;

- Ignorance of traffic regulations by most road users;

- Non-enforcement of the obligation to possess an A1-class license in order to drive certain types of two-wheel vehicles;

- Poor condition of many roads.

3.4. RESPECT FOR THE VIEWS OF THE CHILD (article 12)


Recommendation, paragraph 27 (a): Promoting and facilitating, within the family, the schools, the courts and administrative bodies, through the adoption of legislation, respect for the views of children and their participation in all matters affecting them, in accordance with their age and maturity and in light of article 12 of the Convention.

78. Cf. second periodic report, section III (D), p. 20.

Recommendation, paragraph 27 (b): Providing educational information to, among others, parents, teachers, administration officials, the judiciary, traditional leaders and society at large on children’s rights to participate and to have their views taken into consideration.

79. Information and training activities for various target publics regarding the rights of the child (cf. supra, Recommendation, paragraph 20 ) focus on the main principles of the Convention and, in particular, on respect for the views of children. Information and counselling services related to family life education (FLE) are provided by the MASSN decentralized services and contribute to raising the parents' awareness of the need to take into consideration a child's views. A national FLE policy has been adopted to that effect, a related guide has been prepared and informal discussions are held for encouraging harmonious relations among family members. More than 3,000 such meetings, attended by approximately 80,000 persons, are organized every year (MASSN Directorate of Studies and Planning (DEP), Sector Assessment, 1998-2004, August 2005). Television and radio broadcasts on FLE are produced in local languages for the illiterate and rural population.

Recommendation, paragraph 27 (c): Promoting the activities, and taking duly into consideration the decisions, of the Children’s Parliament, and ensuring that all groups of children are represented.

80. The Children's Parliament office was established in June 1997 and renewed in 2002 with a three-year mandate. All categories of children - inter alia, children attending or out of school, children living in difficult conditions and disabled children - are represented in the Children's Parliament, whose members are elected by their peers. Provincial Children's Parliaments have been created in all 45 provinces in order to take rural children into consideration more effectively.

81. In order to carry out its activities, the Children's Parliament receives technical, material and financial support from the State and from partners. The executive office meets once a month. It regularly holds ordinary meetings on an annual basis and, when necessary, extraordinary meetings, during which decisions are taken. For instance, a meeting held in December 2002 on the contents of the Convention lead to the formulation of recommendations to the Government, to which they were submitted through MASSN. In implementing its programmes, the Children's Parliament, headquartered in MASSN, is supported by DPEA staff.

82. The Children's Parliament has actively participated in the development of the following policies and programmes, which may have an effect on the exercise of the rights of the child:

- PRSP;

- National Policy for Social action;

- National Policy for the Comprehensive Development of Young Children (PNDIPE);

- National Action Plan for combating trafficking in children;

- National Action Plan for combating the sexual exploitation of children;

- National Action Plan for combating the worst forms of child labour;

- National Programme for taking care of OVCs;

- Action plan for introducing the rights of the child into education.

83. The Children's Parliament has participated in a number of national and international meetings, including the following:

- Third national forum on care for OVCs in an HIV/AIDS environment, Ouagadougou, April 2006;

- Training workshop on child protection policy and procedures, organized by the Terre des hommes Foundation for Child Relief, Lausanne Section, Ouagadougou, July 2006;

- Day of the African Child (16 June);

- United Nations Special Session on Children, held at the Organization's New York headquarters in May 2002;

- ECOWAS Peer Review on the situation of children, Dakar, Senegal, 2003;

- French-speaking Children's Parliament meetings in Canada (2001), Niger (2003) and Belgium in 2005.

84. Since 2004, the Children's Parliament regularly receives a State budget allocation, which amounted to CFAF 1 million in 2004 and CFAF 2 million in 2005 and 2006. Moreover, TFPs contribute CFAF 20 to 30 million per year for the operation and activities of the Children's Parliament.

85. Activities launched be the Children's Parliament include the following:

- Information and awareness-raising campaigns on the rights of the child in all provinces;

- Recreational events for children (inter alia, soccer championships and cultural evenings);

- Advocacy evening, on 6 October 2006, for sponsoring at least 1,000 disadvantaged children in view of enrolment for the 2006-2007 school year.

86. Social and cultural impediments to taking the children's views into consideration in making decisions that concern them and to non-discrimination between boys and girls are major obstacles to implementing the general principles of the Convention.

87. Future efforts will mainly consist in carrying out further awareness-raising campaigns targeting the population and strengthening FLE initiatives.

IV. CIVIL RIGHTS AND FREEDOMS
(articles 7, 8 and 13-17 (a))

4.1. NAME AND NATIONALITY (article 7)


Recommendation, paragraph 29: Strengthen efforts to ensure that all children are registered at birth, including through awareness-raising campaigns, and considering facilitating the procedures governing birth registration and for obtaining birth certificates.

88. According to the administrative census conducted in Burkina Faso in April 2004, of a total of 7,401,364 children aged 18 or less, 2,467,121 had been registered with the population registry and 4,934,243, or 67 per cent, had not. In view of the extent of the problem, as a follow-up to the recommendations stemming from the first West and Central Africa conference on the registration of births, held in Dakar, Senegal, in February 2004, and in connection with the key theme of the Day of the African Child on 16 June 2003, namely, "Registration of births", Burkina Faso made a special effort to raise the rate of declaration of newborns. Inter alia, the following steps were taken:

- Creation in 2003 and formal establishment in 2005 (by decision No. 2005/009 of 18 April 2005) of a national steering committee for the registration of births;

- Adoption and implementation of annual action plans for birth registration;

- Official launching, at Tenkodogo in 2004, of the national birth registration campaign;

- Official launching, in Ouagadougou on 28 February 2005, of the regional campaign for free and compulsory birth registration in Central and West Africa;

- Technical support (training) and materials (including reams of paper, registers and inks) for the main units (prefectures and municipal authorities) responsible for birth registration;

- Training and awareness-raising activities for at least 16,100 key persons, including judicial and administrative staff, religious, political and traditional leaders, registrars and social workers;

- Decreasing birth certificate fees from CFAF 1,500 to CFAF 600;

- Production of a television broadcast on birth registration.

89. With support from the National Statistical System Development Project (PDSSN), the Ministry of Territorial Administration and Decentralization (MATD) has been carrying out, since December 2004, activities highlighting the importance of the population register with a view to:

- Increasing the number of persons turning up at population registries, especially in the rural areas;

- Encouraging parents to declare, inter alia, births within the two-month legal time limit;

- Raising the population's awareness of the significance of civil status certificates for individuals and the State;

- Decentralizing population registries.

90. For assessment purposes, informal discussion meetings on the significance of civil status certificates were organized in 2005 for the inhabitants of 100 villages located in eight 8 regions and 28 provinces.

91. The following activities have been carried out in the Plan Burkina Faso intervention areas (Bam, Kouritenga, Namentenga, Poni, Sanmatenga, Noumbiel and Bougouriba):

- Production of films on birth registration (five short films and a documentary);

- Discussion of birth registration in the "Planète enfants" magazine (with a 9,500-copy distribution);

- Production of 45,000 posters;

- Production of promotional items (5,000 tee-shirts, 10,000 key-rings and 10,000 goblets) related to birth registration;

- Awareness-raising tours addressing general assemblies of 2,080 villages on the subject of birth registration;

- Forum theatre performances;

- Production of radio broadcasts;

- Establishment of a monitoring and mobilization committee (consisting of volunteers) for birth registration in each village and commune district; and identification and training of 6,440 volunteers to that effect;

- Use of data collection tools (record books) by volunteers in each village for tracking and following up on children to ensure that they are registered.

92. The following funds have been provided for the promotion of population registers:

- State funds allocated in the period 2004-2005: CFAF 39,126,700;

- Financial and material resources made available by TFPs (mainly UNICEF, Plan Burkina Faso, the Swiss Workers' Aid Society (OSEO) and AXIOS Foundation) in the period July 2004 - June 2006: CFAF 1,025,089,931;

- The European Union, IDA and the World Bank have contributed to resource mobilization through various funding activities in support of, inter alia, certain associations and projects.

93. The following results have been achieved:

- The population's heightened interest in birth registration operations;

- A noticeable increase in the number of registrations occurring within the legal two-month time limit, namely, from 164,881 in 2001 to 183,325 in 2002, 188,195 in 2003 and 198,632 in 2004 (DEP/MATD).

94. Table 4 shows the change in the number of birth registrations in the period 2000-2005. Although there has been an overall improvement and the number of timely registrations has increased steadily since 2001, late registrations are still more numerous (cf. annex II, Table 1).

Table 4: Number of children registered within and after the legal time limit
Time of registration

Year
Within the legal two-month time limit
After the time limit
2000
180,642
241,900
2001
164,881
211,993
2002
183,323
281,767
2003
188,195
240,783
2004
198,632
293,882
2005 (first week, four regions)
20,276
61,099
Total
935,949
1,332,424
Source : DEP/MATD

95. The main difficulties encountered in updating the population register are as follows:

- Long distance to population register offices because not all villages have a subsidiary registration centre;

- Non-existence of a corps of registration officers. In many offices, registration work is assigned to volunteers.

96. The following measures are envisaged:

- Setting up subsidiary registration centres in all villages;

- Ensuring that registration is actually free, provided that it occurs within the legal two-month time limit;

- Ensuring that 90 per cent of the population declare any change in their status in a timely manner.

4.2. PRESERVATION OF IDENTITY (article 8)


97. Cf. second periodic report, section IV (B), p. 22.

4.3. FREEDOM OF EXPRESSION (article 13)

98. Some of the measures taken in order to enable children to freely express their views and share them with others are the following:

- Designation of class representatives in the schools to participate in organization and in decision making;

- Organization of the following radio and television broadcasts, shows and other activities focused on the child, with the contribution of private initiatives and such partners as Plan Burkina Faso:

  1. "Children's Frequency", a radio broadcast taking place every Thursday and enabling children to visit various sites or services and, inter alia, ask the persons in charge questions or listen to stories or tales.
  2. "Bibir Radio", a radio programme produced by Plan Burkina Faso and presented by children for children on children's rights. A total of 42 broadcasts have taken place through 12 partner radio stations and 512 children have been trained to present the programme.
  3. Creation and training of the members of 29 children's clubs as part of various activities related to the rights of children and carried out by Plan Burkina Faso.
  4. "Golden School", a nationally televised year-long contest among schools on the subjects taught. Two finalists compete for the prize in a special broadcast.
  5. A radio campaign entitled "I am a child but I too have my rights", broadcast by a dozen partner radios stations country-wide and addressing topics related to the rights of the child. According to a Plan Burkina Faso assessment, the campaign has been appreciated, especially by children, when they learn that they have rights recognized by law and may exercise or demand respect for those rights.
  6. Children's expression of their views in speeches written and delivered by them at various events.
  7. In certain secondary schools, editing by the pupils of such children's magazines as "The Little Lassalian" and "The Voice of Viateur" in, respectively, the "Lassalien Badénya" and "Saint Viateur" junior high schools.

4.4. FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION (article 14)


99. Although the freedoms in question are generally guaranteed, no specific measures have been taken to ensure their application to children. In practice, therefore, children as a rule belong to their parents' religion until they become adult. Information and awareness-raising activities are necessary to enable parents to reconcile their right to guidance with the children's freedom of thought and religion. In some cases, conflicts between parents and their children, who have converted as a result of frequenting a religious establishment, lead to their exclusion from the family.

4.5. FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY (article 15)


100. Article 7 of the Constitution guarantees freedom of association. However, no association whose members are exclusively children is recognized in Burkina Faso because, under the law on public freedoms, majority is a prerequisite for founding and managing an association. In fact, under article 2 of Act No. 10/92/ADP of 15 December 1992 on the freedom of association the general legal principles governing contracts and obligations govern an association's conditions of validity, and those principles require any contracting parties to be adult. In practice, children exercise freedom of association in the schools, districts and villages, where informal groups of young persons are to be found. The existing youth organizations generally consist of adolescents and young persons aged 13 to 25 and occasionally form networks (for instance, RAJS has 280 member associations in Burkina Faso).

4.6. PROTECTION OF PRIVACY (article 16)


101. Cf. second periodic report, section IV (F), p. 23.

4.7. ACCESS TO APPROPRIATE INFORMATION (article 17)

102. The following initiatives have been developed by the State and civil society organizations to ensure children's access to appropriate information:

- Organization of a children's area in the Ouagadougou International Book Fair (FILO) by the Directorate of Book and Literature Promotion in the Ministry of Culture, Arts and Tourism. Children are encouraged to read and discover, and prizes are awarded.

- Distribution of such specialized publications as "Junior Vision", a fortnightly education and information magazine for the young, or "Youth Echo", a comic strip collection of stories written by pupils on problems encountered in their environment and promoting forms of behaviour protect the pupils' health.

- Organization of radio broadcasts for the young by the radio station of the "Academie" group of schools.

- Establishment of counselling centres for the young by various associations, such as the Burkina Faso Association for Family Well-being (ABBEF), the Burkina Faso Association for Children's Survival (ABSE) and the Child and Young Workers' Association.

- Setting up of reading and leisure facilities in the provinces and communes.

- Subscriptions to the "Children's Planet" and "Young People's Planet" magazines, which are distributed in the schools.

103. The following quantitative data are available:

- 17 Reading and Cultural Activity Centres (CLACs) and 33 Communal Public Libraries (BCLPs), set up in provinces and communes country-wide;

- 21 mobile libraries on the rights of the child, organized for Ouagadougou schools on the initiative of COBUFADE;

- "Bibliobus", a mobile lending library for Ouagadougou primary and secondary schools;

- Other private or association libraries, operating in various provinces. Such libraries exist, for instance, in Wegdo, Bassimyam, Poulemde, the Bobo-Dioulasso military region, Didir, MBDHP, the Georges Méliès French cultural centre in Ouagadougou and the Henri Matisse cultural centre in Bobo-Dioulasso.

104. Follow-up visits by the staff of the Directorate of Book and Literature Promotion have shown that the CLACs and BCLPs attract more young persons than adults. The writings most in demand are books by African, particularly Burkina Faso, authors.

105. Children's access to appropriate information runs into two major challenges, namely, the proliferation of video clubs and cyber-cafés, without any supervision by the authorities, and the Internet's unrestricted accessibility by children.

106. Generally speaking, training and awareness-raising sessions help to identify reticence to accept some children's rights, which opinion leaders, families and grass roots communities consider to run counter to their standards and social values. Freedom of expression, heeding the views of children and respect for a child's physical integrity (precluding FGM) are cases in point. Awareness-raising efforts will be redoubled.

4.8. RIGHT NOT TO BE SUBJECTED TO TORTURE OR OTHER CRUEL,
INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT, INCLUDING CORPORAL PUNISHMENT (article 37)


Recommendation, paragraph 31: Taking all necessary measures to improve the conditions of detention of children, particularly in police and gendarmerie stations, and to ensure that each case of violence and abuse is duly investigated, that perpetrators are brought to justice without undue delay and that victims receive compensation.

107. The judicial authorities of Burkina Faso have not yet received any complaint for ill-treatment of a child while in detention at a police or gendarmerie station. Yet the requirements specific to minors are not taken into consideration in police and gendarmerie custody cells. As a result, detained minors generally come into contact with adult offenders and multi-recidivists and are thus exposed to serious crime. Moreover, children in conflict with the law usually have no family ties and this poses a problem for their nutrition, medical care and other needs during police or gendarmerie detention.

108. Domestic law prohibits inhuman, cruel or degrading treatment, including corporal punishment. Moreover, on 19 May 2005, Burkina Faso ratified the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, adopted in Maputo, Mozambique, on 11 July 2003 under the aegis of the African Union.

109. The following measures have been taken to prevent child abuse in the family or in establishments:

- In view of the persistence of corporal punishment in elementary schools, illustrated in 2005 by a lawsuit that the parents of a pupil who had been beaten brought against a female teacher, MEBA addressed a circular letter to the basic education districts and to the schools, drawing the teachers' attention to the negative effects of the practice in question. Furthermore, on the occasion of various, meetings the above units are reminded of the regulation prohibiting corporal punishment.

- Awareness-raising meetings regarding torture have been organized, particularly by Amnesty International Burkina, an NGO, in cooperation with journalists, traditional leaders and associations. Related broadcasts have taken place on a private television channel and relevant activities have been carried out by Action by Christians Against Torture (ACAT).

110. The following figures are available regarding children victims of torture and other forms of abuse or cruel inhuman or degrading punishment:

- Number of reported cases of a child subjected to torture: 1 (reported by a children's judge).

- Number of reported cases of a child subjected to other forms of cruel, inhuman or degrading treatment or punishment:

  1. Assault and battery: 331 in the period 2004-2006 (reported by the police and the gendarmerie);
  2. Abandonment: 27 in the period 2004-2006 (reported by the Ouagadougou and Bobo-Dioulasso police);
  3. Abduction: 119 in the period 2004-2005 (reported by the police and the gendarmerie);
  4. Other instances of violence (minor violence, hard work, ill-treatment and forced marriage): 190 in the period 2004-2006 (reported by the police and the gendarmerie).

- Number and percentage of reported cases having led to a court decision or other consequences: In all reported cases, a police report was transmitted to the judicial authorities.

- Number of programmes introduced to prevent violence in specialized establishments and degree of training received by the staff of such establishments: There is no special programme for preventing violence in specialized establishments. However, all such establishments are governed by regulations prohibiting and punishing the use of violence.

V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(articles 5; 9-11; 18, paragraphs 1 and 2; 19-21; 25; 27, paragraph 4; and 39)

5.1. PARENTAL GUIDANCE (article 5)


111. At the legal and regulatory level, the Constitution (article 23) and CPF (articles 509-972) establish the family's right to orient children and ensure their education. This right to orientation implies that the parents have an obligation to provide parental guidance and moral and religious training for the child up to the age of majority.

112. At the administrative level, the MASSN decentralized units carry out FLE activities consisting in counselling and guiding parents with regard to the education of their children. Under the national FLE policy, adopted in 1997, FLE is included in the training programmes of the professional schools of the health and the social action sectors. A relevant national pilot programme was implemented in the period 1998-2000. A guide to FLE activities has been prepared for conducting informal educational discussions. The topics developed in such meetings are parental responsibility, dialog between parents and children, the rights of the child and the children's duties towards their parents. In 2005, 1,861 informal discussions, 367 presentations followed by a debate and 1,079 family planning (FP) counselling sessions were organized. An action plan for the promotion of the family is under development.

113. With regard to care for children up to three years of age, a training module for counsellors is being developed to enable them to inform and support parents using a counselling guide, which has already been prepared.

114. Parents do not always understand the need to reconcile their right to guide and meet their responsibilities towards their minor children and the rights and freedoms enjoyed by the child, particularly the right to be heard and have one's views taken into consideration, the right to privacy and freedom of religion.

115. Future efforts consist of the adoption and implementation of PNDIPE and the improvement of parental guidance through training and support for parents by means of awareness-raising activities regarding the rights of the child.

5.2. PARENTAL RESPONSIBILITIES (article 18, paragraphs 1 and 2)


116. Parental responsibilities are enshrined in the Constitution, under which parents have a duty to raise and to educate their children. According to CPF, the rights constituting parental authority (the rights to custody, supervision and education of the children) may be exercised only in the interest of a minor, and must be fulfilled, save in exceptional cases, jointly by the father and mother.

117. Educational informal discussions focus on the concept of "parental responsibility", which comprises the duties of the parents as the persons mainly responsible for the child. In 2005, 1,479 such discussions, 66 presentations followed by a debate, 76 radio broadcasts, 92 film discussions and 1,734 counsel sessions were organized. Moreover, FP activities are carried out with a view to informing parents on how to fulfil their role in a responsible manner.

5.3. SEPARATION FROM PARENTS (article 9)


118. In cases involving a decision on the separation of a child from his/her parents, there is no provision obliging the judge or decision-maker to hear the child, save for adoption cases, in which the consent of the child, if he/she is at least 15 years old, is required. In that case, only the child's best interests should be taken into consideration.

5.4. FAMILY REUNIFICATION (article 10)


119. No specific measures have been taken in this area. The law stipulates general conditions for entering or leaving the country (decree No. 84-49 of 4 August 1984 specifying prerequisites for nationals' and aliens' entry into, stay in and departure from Burkina Faso). Cases of a child whose parents are separated are governed by CPF provisions, namely, the right of a parent who does not have custody to visit and invite the child regardless of the country where that parent resides.

120. There is no information on the number of children having entered or left the country for the purpose of family reunification in the period covered by the report.

121. Burkina Faso has not yet recorded any cases of unaccompanied child refugees or asylum seekers (National Committee for Refugees (CONAREF)).

5.5. RECOVERY OF MAINTENANCE (article 27, paragraph 4)


Recommendation, paragraph 33 (a): Making widely known the provisions of domestic legislation concerning maintenance allowance, especially to mothers who are illiterate, and support them if necessary in understanding legal action.

122. CPF contains provisions on maintenance obligations. After the entry of CPF into force (in 1990), the Government, with support from the development partners, implemented in the period 1995-2005 an information and awareness-raising project for the population and the persons responsible for CPF implementation. The project included information, awareness-raising and training activities on the rights of the family for all social layers. The impact has been greater awareness of the importance of registration certificates and a concomitant increase in the number of marriages (more than 3,000 collective marriages were celebrated between 1996 and 2005).

123. CPF provisions continue to be broadly disseminated among the population by resource persons and presenters trained for that purpose. The tasks of such persons consist primarily in moderating informal discussions in small groups, film discussions, radio broadcasts and stage performances. They provide advice and guidance to victims of rights violations. Information, awareness-raising and training activities on the rights of the family, as specified in CPF, are also carried out by a number of NGOs and associations.

124. A simplified guide to the rights of the family has been drawn up, translated into seven local languages (Moore, Dioula, Fulfulde, Lobiri, Dagara, Gulmacema and Birifor), reproduced and distributed free of charge at informal discussion meetings. At least 21,000 such guides were distributed to the population in the period 1996-2005.

125. Basic legal advice units have been established in all MASSN provincial directorates. The staff in question, supported by lawyers, receives, hears, advises and guides victims of rights violations. Most of the cases handled concern affiliation proceedings, subsidy requests (for children whose paternity is disputed), requests for maintenance allowance and inheritance claims. In 2005, 3,917 conflicts were processed in relation to affiliation, maintenance, spousal conflicts, forced marriages and inheritance claims. Most of the persons seeking counsels and assistance are adolescents (MASSN, Annual Report on Activities, 2005).

Recommendation, paragraph 33 (b): Ensuring that the professional groups concerned are adequately trained and that courts are stricter regarding the recovery of maintenance from solvent parents who refuse to pay.

126. Regarding training, cf. supra, Recommendation, paragraph 20 ("Training and dissemination of the Convention").

127. When a solvent parent, employed in the public or private sector, refuses to pay maintenance, the judge may order the attachment of that parent's wages (deduction at source), in which case the beneficiary is paid directly by the debtor's employer. Of the 67 maintenance allowance cases heard by the Ouagadougou District Court from January to June 2006, 24 led to the attachment of wages. Unfortunately, in most cases, the debtor has no income or is a dependant of parents who also have no resources.

Recommendation, paragraph 33 (c): Ensuring the maintenance of children born out of wedlock and children of single-parent families by their parents, particularly their fathers.

128. Since entry into force of CPF, all children, whether born in or out of wedlock, enjoy the same rights vis-à-vis their parents. Consequently, if the father fails to meet his maintenance allowance obligation, the mother may, on the children's behalf, file proceedings to have that obligation enforced. In the event that paternity is uncertain and pending the father's identification, all likely fathers may be ordered to pay subsidies.

Recommendation, paragraph 33 (d): Undertaking a study on the economic and social situation of children of polygamous marriages and how this affects their rights.

129. No study on the social and economic situation and of children of polygamous families and the effects of that status on their rights has been carried out yet.

5.6. CHILDREN DEPRIVED OF THEIR FAMILY ENVIRONMENT (article 20)

130. The following services are provided as part of administrative, institutional and regulatory measures taken for the protection of children deprived of their family environment:

- At the administrative level, there exists, in DPEA/MASSN, a unit for the protection of children at risk and a unit for the social integration of adolescents in difficulty. These units are responsible for the implementation and monitoring of the strategies of the programmes developed for the protection of the groups in question.

- At the institutional level, two public establishments, the Centre for Special Education and Training (CESF) and the André Dupont d'Orodara Children's House (MEADO), receive children with behaviour disorders.

131. Charitable organizations and associations have set up similar establishments and care centres for orphans, abandoned children and encephalopathic children. There are 32 private establishments, located in various parts of the country, for orphans and abandoned children. Licensing and operational regulations for such establishments are being drawn up.

132. Table 5 presents State budget allocations supporting placement institutions and foster families. The decline in the support to orphanages and foster families in the period 2002-2004 has mainly been due to budget constraints.

Table 5: Budget allocations to public and private child placement establishments and foster families
(CFAF thousand)
Establishments
Current transfers
1999
2000
2001
2002
2003
2004
2005
2006
MEADO
19,545
84,050
97,250
106,505
127,382
187,582
257,145
268,473
CESF
83,,961
79,942
93,179
97,500
113,826
118,826
187,700
180,235
Orphanages and foster families
10,000
10,000
10,000
7,500
7,500
7,500
35,950
50,000
Source: DAF/MASSN

133. The following figures are available regarding children deprived of parental protection:

- Number of children separated from their parents subsequent to a court decision: Cf.

Table 6. The number of detained children decreased steadily in

the period 1999-2003

Table 6: Number of children separated from their parents
pursuant to a court decision
Years
1999
2000
2001
2002
2003
2004
2005
Children
156
118
114
111
70
95
69
Source: Directorate for Prison Administration and Social Integration (DAPRS)

- Number of establishments receiving children separated from their parents subsequent to a court decision (involving detention, imprisonment, exile or expulsion): 20, including 17 remand prisons and reformatories and three special education centres (CEFS, MEADO and Laye Centre).

- Number of places in these establishments: 380 (200 in CEFS, 140 in MEADO and 48 in Laye Centre).

- Respective personnel in 2006: 301 (148 in CEFS, 125 in MEADO and 28 in Laye Centre).

- Number of foster families: 17 (in Ouagadougou).

- Number of children separated from their parents and living with foster families: 28 (in Ouagadougou).

- Legal duration of placement: Three months (unless extended by court order).

- Frequency of placement review: Once a month.

- Number and percentage of children joining their parents after placement: Not available.

5.7. ADOPTION (article 21)


Recommendation, paragraph 35: Taking measures aimed at ending the practices of confiage and customary adoption and at improving the regular periodic review of the placement of children with adoptive families; and enhancing the capacities to monitor intercountry adoptions.

134. The practice of confiage and traditional adoption is favoured by lagging school-enrolment and by the poverty of parents. The implementation of the Ten-year Basic Education Plan for the Development of (TYBEDP), including the expansion of educational infrastructure in the rural areas, and the decentralization of junior and senior high schools contribute to reducing that practice. Moreover, priority action plans (PAPs) for PRSP implementation may improve the parents' financial situation.

135. The placements subject to periodic review are only national, with a family or institution, and provisional, with a six-months maximum duration, unless extended by court decision. Periodic review of a placement is ensured through planned monitoring visits by a designated social worker. The frequency of such visits is not determined by law; depends, in practice, on the situation of the child and the availability of staff and resources in the unit concerned; and amounts, on the average, to two or three visits per quarter. Foster parents regularly present the children to the social action units.

136. Since 11 January 1996, when Burkina Faso ratified the Hague Convention of 29 May 1993 on Protection of Children and Cooperation in respect of Intercountry Adoption, the following measures have been taken to enhance the monitoring of international adoptions:

- Burkina Faso participates in the various international meetings organized at The Hague.

- DPEA acts as a central authority in accordance with the obligations set out in article 7 of the Hague Convention, cooperating with the central authorities of other countries or with authorized organizations in order to ensure the protection of children and the transparency of the adoption procedure and to prevent practices running counter to the principles of the Hague Convention;

- DPEA also cooperates with the institutions having custody of the children put up for adoption, the solicitors entrusted with drawing up related notarial deeds and the Ministries of Justice and Foreign Affairs.

137. Adoption as conceived by the law, namely, involving severance of ties with the family of origin, is not rooted in the population's customs and habits. In the event of sterility, couples prefer to take in the child of a close relative rather than adopt a stranger, which explains why international adoptions are more frequent than national (242 versus 41 in the period 2003-2005).

138. Table 7 provides information on international adoptions in the period 2003-2005. Most (86.64 per cent) of the children were adopted in France.


Table 7: Breakdown of children placed through an international adoption, 1999-2005
YEAR
1999
2000
2001
2002
2003
2004
2005
TOTAL
COUNTRY
Number of children
M
F
Total
M
F
Total
M
F
Total
M
F
Total
M
F
Total
M
F
Total
M
F
Total
M
F
Total
Australia
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
0
0
0
0
0
0
0
1
1
Belgium
0
0
0
1
0
1
1
0
1
0
0
0
1
0
1
1
0
1
0
0
0
4
0
4
Canada
1
0
1
0
0
0
0
0
0
1
1
2
0
0
0
1
0
1
0
0
0
3
1
4
Denmark
2
0
2
0
0
0
2
0
2
0
0
0
3
1
4
0
0
0
0

0
7
1
8
France
20
15
35
35
30
65
42
42
84
34
25
59
29
23
52
32
51
83
29
34
63
221
220
441
Germany
0
0
0
0
0
0
0
0
0
0
0
0
1
0
1
2
2
4
0
0
0
3
2
5
Italy
0
1
1
0
0
0
1
0
1
1
0
1
3
1
4
4
1
5
5
7
12
14
10
24
Netherlands
1
0
1
1
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
0
2
Spain
0
0
0
0
0
0
0
0
0
0
2
2
0
0
0
2
0
2
2
0
2
4
2
6
Sweden
0
0
0
0
0
0
0
0
0
0
1
1
0
0
0
0
0
0
0
0
0
0
1
1
Switzerland
1
2
3
1
1
2
1
0
1
1
0
1
1
1
2
0
1
1
0
2
2
5
7
12
USA
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
0
1
1
TOTAL
25
18
43
38
31
69
47
42
89
37
29
66
38
27
65
42
55
97
36
44
80
263
246
509
Source :DPEA/MASSN

CRC/C/BFA/3-4
page 43



139. The following difficulties are encountered with regard to adoption:

- At the level of national adoption, too few families wish to adopt a child.

- Disabled children are less likely to be adopted (depending on the seriousness of the disability).

5.8. ILLICIT TRANSFER AND NON-RETURN OF CHILDREN
FROM ABROAD (article 11)


140. Cf. second periodic report, section V (E), p. 29.

141. In 2005, two relevant cases of child abduction were reported. The children were taken from Burkina Faso to France by their father. These cases are being treated.

5.9. ABUSE OR ABANDONMENT (article 19) AND PHYSICAL AND PSYCHOLOGICAL RECOVERY AND SOCIAL REINTEGRATION
(article 39)


Recommendation, paragraph 37 (a): Undertaking a study on violence, including sexual violence.

142. A 2001 study on sexual violence served as a basis for drawing up a national action plan. Moreover, Burkina Faso took part in the West and Central Africa Regional Consultation on United Nations Secretary-General's Study on Violence Against Children, held in Bamako, Mali, on 23-25 May 2005. In order to follow up on the conclusions of the Bamako consultation, a national workshop was organized for their presentation and a task force was set up to formulate strategies against such violence. A comprehensive national study on violence is envisaged.

143. A so-called "rebirth centre" was set up in Ouagadougou in 2002 for the physical and psychological care of abused or abandoned children, who are accommodated in that centre until a solution is worked out with the family or through the judicial authorities. Of the 1,479 children admitted to the centre between January and September 2006, 867 had been lost, 937 had run away, 117 were victims of abuse, 89 were foundlings and 9 had a mentally ill mother.

144. The following figures are available regarding children victims of violence:

- Number of cases, reported in the period 1999-2006, of children victims of brutality and/or abandonment by their parents, other family members or other persons exercising custody: 690 in the provinces of Houet and Kadiogo.

- Number of reported cases which led to punishment or other consequences for those responsible: Most cases are treated by social action units and the perpetrators have been sensitized.

- Number of children having received special care aimed at recovery and social reintegration: All children admitted received such care, which consists in, inter alia, helping victims to find again their balance in terms of family and occupation, return to school (in the case of dropouts) or find support to carry out an income-generating activity.


Recommendation, paragraph 37 (b): Introducing the legal prohibition of the use of corporal punishment in schools and other institutions and at home.

145. Decree No. 289 bis of 3 August 1965 on the reorganization of primary education, amended by decree 67/111 of 20 May 1967, strictly prohibits corporal punishment in schools. Training, information and awareness-raising activities are carried out, especially where a case of corporal punishment case is reported.

Recommendation, paragraph 37 (c): Establishing an appropriate complaint procedure and inform children about this mechanism.

146. No appropriate complaint procedure exists yet. When the rights of a child are violated, ordinary procedures for seeking remedy must be followed. Namely, the parents may file a complaint with the police, the gendarmerie or the public prosecutor. Legal counsel provided by associations and NGOs defending human rights helps to fill gaps in the legal system.

Recommendation, paragraph 37 (d): Providing services for the physical and psychological recovery and social reintegration of victims of rape, abuse, neglect and ill-treatment.

147. Such services are provided through the MASSN decentralized units and various other bodies, including the Association for Solidarity with the Young, with UNICEF support, PFDS, and the Pougsada and Keogo associations. The services consist in counselling, guidance and psychological support for the victims.

148. Cf. also second periodic report, section VIII (C), "Children in situations of exploitation, including physical and psychological recovery and social reintegration".

5.10. PERIODIC REVIEW OF PLACEMENT (article 25)


149. Cf. supra, Recommendation, paragraph 35; and second periodic report, section VI, p. 32.

VI. HEALTH AND WELL-BEING

6.1. SURVIVAL AND DEVELOPMENT OF THE CHILD (article 6, paragraph 2)

150. Policies and plans implemented in order to promote respect of children's right to survival and development include the following:

- Letter of Intent on a Sustainable Human Development Policy (LIPDHD) for the period 1995-2005, focusing on development as a consequence of access to education and vocational training, preventive and therapeutic medical care and basic nutrition, including drinking water. The objective has been to raise the level of social indicators in order to attain a critical mass of quality human resources capable of creating momentum for development.

- National Population Policy, adopted in 1991, reviewed in 2000 and aimed at attaining, by 2015, in a number of sectors, specific objectives, such as reducing the infant mortality rate, eradicating FGM and raising the quality and level of education.

- PRSP, adopted in 2000 and reviewed in 2003.

- Burkina Faso's commitment to the MDGs.

- Strategic Framework for Combating HIV/AIDS and STDs (CSLS), 2001-2005, and, again, 2006-2010.

- Operational plan for combating epidemic diseases, 2002-2005.

- Strategic Framework for Providing Care for OVCs, 2006-2015, adopted in October 2005.

151. The infant and child mortality rates are still high, despite significant reductions. Per thousand, in the 1999-2003, the infant mortality rate declined from 105 to 81 and the child mortality rate from 219 to 184 (Population and Health Survey (EDS), 2003).

6.2. CHILDREN WITH DISABILITIES (article 23)


Recommendation, paragraph 47 (a): Ensuring the use of adequate and comprehensive data in the development of policies and programmes for children with disabilities.

152. Data collection on persons with disabilities, including children, is scheduled to take place as part of the 2006 RGPH.

Recommendation, paragraph 47 (b): Reviewing the situation of disabled children in terms of their access to suitable health care, education services and employment opportunities.

153. The following services are developed in this area by associations receiving technical and financial support from the State:

- Access to health care is provided through a rehabilitation centre and a medical, psychological and educational institute for mentally retarded children.

- In a two-year special education programme, deaf and hearing-impaired persons learn sign language and the principles of school work. They then join integrated classes in primary and secondary education. Eight such centres or schools, including three in the capital, operate in five provinces.

- In cooperation with civil society organizations, pre-school and school establishments have been set up for sight-impaired persons and may also be attended by children without disabilities.

- Generally speaking, regardless of the type of disability, the stress is placed on school enrolment and acquisition of skills that may lead to employment (such as weaving, mechanics, dyeing and making objects of art).

Recommendation, paragraph 47 (c): Taking note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities.

154. A multisector committee for such equalization of opportunities was set up in 2005.

Recommendation, paragraph 47 (d): Allocating adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field.

155. Certain associations of persons with disabilities receive technical and financial support from the State, generally speaking in the form of secondment of personnel on State payroll and a total annual budget allocation in excess of CFAF 20 million (DEP/MASSN, Sector Assessment, 1998-2004, August 2004). With regard to encephalopathic children, the State allocates CFAF 23 million annually to relevant programmes; and pays the wages of 12 instructors and two social workers employed by the Association of Parents and Friends of Encephalopathic Children (APEE), which receives annual subsidies of CFAF 500,000 - 1 million from MASSN and CFAF 5-10 million from the Ministry of Health. In addition, the Association is supported by UNICEF and NGOs.

156. Families are provided with the following two types of support:

- Material support aimed at encouraging children's enrolment in school or promoting their well-being. For instance, in the period 2000-2004, pupils with disabilities received school supplies and 1,267 means of conveyance (such as wheelchairs and tricycles), 556 pairs of crutches, 500 canes and 115 WC chairs (DEP/MASSN).

- Technical support, in the form of training activities and meetings, aimed at helping parents to understand and better supervise children with disabilities.

Recommendation, paragraph 47 (e): Strengthening policies and programmes of inclusion in regular education, train teachers and make schools accessible.

157. The following activities have been carried out in order to respond more effectively to the needs of persons with disabilities:

- Creation, in 2004, within the MASSN Directorate of Social Promotion and Protection, of a unit responsible for the rehabilitation of persons with disabilities; and, within MPDH, of a Directorate for the Protection and Defence of Human Rights (DPDDH) for implementing an operational programme for preventively safeguarding and protecting the rights of the disabled.

- Implementation of a programme on inclusive schools. To that end, a Directorate of Integration was created in MEBA on 29 April 2005 and instructors were trained and made available to schools. Moreover, APEE has implemented a project on inclusive schools with financial support from the NGO Save the Children Sweden.

- Establishment of a multisector committee to identify the needs of people with disabilities in various areas (education, health, training, employment, sport and recreation).

Recommendation, paragraph 47 (f): Carrying out studies to assess the causes of disabilities in the State party in order to establish a strategy to prevent disabilities.

158. There are plans for study on the causes of disabilities.

Recommendation, paragraph 47 (g): Sensitizing the population to the human rights of children with disabilities.

159. On 3 December, in a different province each year, the State observes, in cooperation with the associations of persons with disabilities, the International Day of Persons with Disabilities, as an opportunity for awareness-raising aimed at changing the population's attitudes towards the disabled. Moreover, NGOs and civil society associations organize information, training and sensitization activities for their members and the population, including lectures, stage performances and television and radio broadcasts. MPDH has included awareness-raising campaigns in its operational programme on the rights of persons with disabilities and, in September 2006, prepared a report on the situation of those rights with a view to formulating strategies for their effective implementation.

160. The following indicative data, provided mainly by associations of persons with disabilities, are available:

- Number of children institutionalized for mental illness: 4 (Arche de Nongremasson)

- Number of children living away from their families (with foster families): 100 blind and amblyopic children.

- Number of children attending ordinary schools or integrated classes at pre-school, primary and secondary education level:

  1. Encephalopathic children: 286 in 2004-2005 and 241 in 2005-2006;
  2. Blind and amblyopic children: 119 in 2005-2006;
  3. Deaf children: 94 in 2005-2006.

- Number of children attending special schools (in Ouagadougou):

  1. Encephalopathic children: 200 in 2001-2002, 122 in 2004-2005 and 125 in 2005-2006;
  2. Deaf children: 400 in 2001-2002 and 110 in 2005-2006;
  3. Blind children: 800 in 2001-2002 (Braille schools).

161. The progress achieved includes the following advances:

- Establishment of numerous associations of persons with various disabilities and, consequently, possibility to better address specific needs in the care programmes. A 2006 survey by Handicap International, with financial support from United Nations system donors, identified 84 such associations in Ouagadougou and its suburbs alone.

- Intensified activity by NGOs and associations. For instance, the Ouagadougou Commune-based Coordination for the Promotion of Persons with Disabilities (CCPHO) organized on 12 and 13 July 2006 a workshop for reviewing existing provisions for persons with disabilities and proposing amendments.

- Greater involvement of parents in providing care for children in institutions.

- Greater readiness of families to accept their disabled (particularly encephalopathic) children.

- Promotion, and acceptance by the instructors and pupils, of inclusive schools. For instance, in 2005-2006, the proportion of deaf children in integrated classes was as follows: 10/45 in pre-school, 145/398 in primary and 34/590 in secondary education (Integrated Education and Training Centre for Deaf and Hearing Persons (CEFISE)).

162. Action in favour of children with disabilities runs into the following difficulties:

- Lack of studies on the causes of disabilities, which precludes effective planning for prevention and appropriate care.

- Poverty, which prevents families from meeting basic needs (nutrition and health care) and some school-related expenses, such as transport. As a result, children drop out of school.

- Unsuitable infrastructure, causing difficulty of access to, inter alia, classrooms, public buildings and public transport.

- Inadequate access to training and employment, especially in the private sector.

163. Future efforts will include, inter alia, the following measures:

- Introduction of a "disability component" into the curriculum of professional schools for social workers, health workers and teachers;

- Adoption and implementation of the National Policy for the Rehabilitation and Equalization of the Opportunities of Disabled Persons;

- Preparation, by MPDH, of draft legislation for the protection of the rights of persons with disabilities.

6.3. HEALTH AND HEALTH SERVICES (article 24)

164. The policies, plans, programmes and projects adopted and implemented in this area include the following items:

- National Health Policy (PSN), adopted in 2000.

- Reproductive health care policy and standards, adopted in 1999 in order to contribute to the improvement of the health and well-being of the population in the context of sustainable human development. The policy concerns the health of four groups, namely, men, women, children and young persons and adolescents.

- Strategic plan for ensuring the health of young persons, 2004-2008. The objective is to improve the level of health in the target group (aged 6 to 24).

- Strategic plan for ensuring safety of contraceptives, 2006-2015;

- Strategic plan for eradicating lymphatic filariasis, 2001-2005. A follow-up plan is being drawn up.

- Health Development Support Programme. Launched by the Ministry for Health in January 2005 in support of the implementation of the National Health Development Plan (PNDS), 2001-2010, in the period 2005-2008, the programme builds on the Support Project for Health Care Districts and Regional Directorates. The activities of the programme, of a total cost of CFAF 26 079,800,000, are funded by various development partners (including the Embassy of the Netherlands, the Swedish International Development Cooperation Agency (SIDA), the French Development Agency (AFD) and the World Bank)). Inter alia, the programme aims at building health-services', NGOs' associations' capacities, so that such units may provide care for more persons living with HIV/AIDS (PLWHAs).

- Programme for the prevention of mother to child transmission (PMCT) of HIV/AIDS, 2006-2010.

- Low-risk pregnancy programme, 2004-2008.

- Comprehensive care programme for children's diseases, 2005-2010.

- Programme for the eradication of the guinea worm, which affects the working population, including 14-year-old children.

- Health Services Reinforcement Project (PRSS), 2001 - 2006. The total project cost is CFAF 9,211.99 million and the project's objectives are as follows:

(i) Improving access to and quality of health services in the areas of Bobo-Dioulasso, Dedougou and Gaoua;

(ii) Contributing to the reduction of the morbidity and mortality rates in the target areas;

(iii) Building the institutional capacities of the Ministry of Health at the central and regional levels.

- Project for the construction of health care centres in rural areas, 2005-2009, aimed at strengthening basic health care coverage. The total project cost is CFAF 6,610.930 million, including CFAF 784,960 in national counterpart funds.

- Project for the construction and outfitting of 28 Health and Social Promotion Centres (CSPSs), 2002-2006. The total project cost is CFAF 1,800 million, including CFAF 300 million in national counterpart funds.

- School water-supply and sanitation project, 2001-2005, implemented by MEBA with a view to providing every school in the project area (the provinces of Banwa, Kossi, Ziro, Lorum, Soum and Sissili) with a well and latrines. The total project cost is CFAF 6,023.515 million, including CFAF 1,694.199 in national counterpart funds.

165. The administrative measures taken include the following:

- Strengthening primary health care through the Bamako initiative and the establishment of the Generic Medicines and Medical Supplies Purchasing Centre (CAMEG). The measure allowed reducing the costs and increasing the availability of medication.

- Making use of traditional medicine, particularly through the creation of a Directorate for the Promotion of Traditional Medicine within the General Directorate of Pharmacies, Medicines and Laboratories.

- Increasing the number of medical centres with surgery units (CMAs), in order to make quality health care more readily available to the population and handle obstetric emergencies, from 30 in 1999 to 41 in 2005 (DEP/ Ministry of Health, Statistics, 2005).

- Reviewing policies, standards and protocols to ensure better health care for ill children.

- Intensification of FP information, awareness-raising and counselling activities in maternal and child health care centres.

- Involving men in reproductive health activities, including FP.

- Introducing free preventive care for children five years old or younger.

- Building the capacities of providers through training in emergency obstetric care (EOC) and in the integrated management of childhood illnesses (IMCI).

- Implementing a childbirth and emergency obstetric care cost-sharing and subsidy system.

- Introducing free prenatal care, including in particular the provision of health record books, chloroquine and iron.

- Including a "prevention of domestic accidents of children" component in the strategic plan for ensuring the health of young persons.

- Establishing, in January 2001, the Charles de Gaulle University Hospital Paediatric Centre, providing care exclusively to children aged 14 or less.

166. A number of national and international NGOs and institutions support the State by actively participating in the planning and management of basic health care programmes and thereby contributing to the attainment of health-related objectives. They include the following organizations:

- Save the Children USA, which implements a community-based health programme aimed at contributing to better primary health care, expanding the immunization coverage of children, raising the rate of use of contraceptives and providing training for health workers;

- "Action for Children and Health - Burkina Faso" (AES- Burkina Faso), which develops primary health care activities;

- Save the Children United Kingdom, which contributes to better access to health services, drinking water and sanitation;

- Helen Keller International, which works particularly at the level of primary education pupils. Its strategy consists in promoting attitudes and behaviour favourable to their health. In that connection, measures against trachoma have been taken in four provinces since 1999 and a teaching module on "Trachoma, a school health issue" and three related teaching guides have been prepared and delivered to MEBA.

167. The Directorate of Family Health has developed partnerships with the following organizations:

- Association for the Promotion of Children's Nutrition (APAID) and International Baby Food Action Network (IBFAN) for improving the nutrition of children, especially infants;

- Africare and Community-based health agents (ASBC) for providing care to ill children at community level;

- AES Burkina in the area of HIV/AIDS and primary health care with a view to improving living conditions for children.

168. Progress assessment mechanisms and strategies (follow-up and supervision, coordination framework and a national health-related information system) make it possible to monitor the evolution of health indicators.

169. Future efforts will consist in the implementation of project BKF 6129, "Assistance for vulnerable groups" (phase II), which is expected to contribute to:

(i) Increasing the frequency of recourse to health services;

(ii) Improving the nutritional status of women and children under five;

(iii) Promoting mothers' understanding of health and nutritional issues;

(iv) Enhancing food security for persons suffering from or affected by HIV/AIDS or tuberculosis;

(v) Increasing the number of patients under anti-tuberculosis and/or antiretroviral (ARV) treatment and of mothers participating in the PMCT programme;

(vi) Promoting information, education and communication (IEC) activities on AIDS and tuberculosis among the population.

Health and well-being

Recommendation, paragraph 39 (a): Allocating adequate resources and developing and implementing comprehensive policies and programmes, including the strengthening of the expanded programme of immunization, to improve the health situation of children, particularly in rural areas.

170. Allocations under the State budget (excluding debt) to the health sector increased from CFAF 40,949.58 million in 2000 to CFAF 55,812 million in 2003 and CFAF 77,333.73 million in 2005. The respective World Health Organization (WHO ) standard of 10 per cent of the budget was surpassed in 2005, when the rate attained 11.77 per cent (DEP/Ministry of Health, Statistics, 2005).

171. Other relevant measures include the following:

- Strengthening of the Expanded Programme of Immunization (EPI) among children under one year of age;

- Decentralization of the health system through the establishment of 13 regional directorates and 55 health district units. Each district unit is run by a team responsible for management, health care and research.

- Nutritional monitoring, including protection against vitamin-A deficiency in the provinces most affected. The main strategies are oral rehydration, distribution of oral rehydration salts and provision of vitamin-containing dietary supplements. National micronutrient days were launched in 2001, including the distribution of vitamin A in all provinces and of iron in some.

172. As a result of the above initiatives, the per-cent morbidity rate in rural areas decreased from 13.7 in 1994 to 6.3 in 1998 and to 5.5 in 2003 (National Survey on the Living Conditions of Households (EBCVM), 2003); and the number of CSPSs increased from 774 in 1999 to 1,172 in 2005. Moreover, the CSPS / inhabitants ratio increased from 1/11,536 in 2002 to 1/11,082 in 2004 and to 1/10,079 in 2005. However, although the difference from the national standard of 1 CSPS per 10,000 inhabitants is on the decline, the Centre, Sahel and East regions lag far behind the national average, with respective coverage rates of 1/15,161, 1/13,199 and 1/13,003 (DEP/Ministry of Health, Statistics, 2005).

Recommendation, paragraph 39 (b): Facilitating access to primary health services, reducing the incidence of maternal, child and infant mortality, preventing and combating malnutrition and malaria, and promoting breastfeeding.

173. In order to improve access to primary health services, efforts have been made to build additional infrastructure, particularly through a project for the construction of 28 CSPSs in the period 2002-2006. The total project cost is CFAF 371,859 million.

174. Progress has been made in terms of average distance to health facilities (HFs) providing first-level care. That distance decreased from 10.5 km, stated in the second periodic report (section VI B, p. 37), to 9.55 km in 1999, 8.34 km in 2004 and 8.2 km in 2005 (DEP/Ministry of Health, Statistics, 2005).

175. After declining from the level of 484 per 100,000 live births reported in EDSBF-II (1998), the maternal mortality rate has followed a sawtooth pattern, with slight decreases in 2002 and 2005, as shown in Table 8. The decline may have been due to the training received by service providers, the equipment made available to health care units and the organization of the referral and counter-referral system in conjunction with cost-sharing (DEP/Ministry of Health, Statistics, 2005).

Table 8: Change in maternal mortality in HFs, 1999-2005
Year
1999
2000
2001
2002
2003
2004
2005
Number per 100,000 parturients
185.58
190.79
192.6
164
206.79
202.48
175.70
Source: DEP/Ministry of Health, Statistics, 2005.

176. Regional disparities are to be discerned behind the decrease in the national average maternal mortality rate. In 2005, the mortality rate varied from 37.79 (in the Centre health care region) to 840.29 (in the Sahel health care region) per 100,000 parturients. Graph 1 presents a breakdown of the 2005 rate by health care region.

Graph 1: Breakdown of maternal mortality per 100,000 parturients
by health care region, 2005

37,79
97,25
149,23
156,8
188,06
198,23
209,07
248,96
315,32
840,29
109,39
175,7
175,21
179,79
0
200
400
600
800
1000
Centre
Cascades
Centre-east
East
Highs Bassins
South-Westt
Boucle du Mouhoun
North
Centre-westt
Centre-south
Central Plateau
Centre-north
Sahel
National Total
Health care regions
Number of deaths per 100,000 parturients

G094131901.jpg
Source: DEP/Ministry of Health, Statistics, 2005.

177. Table 9 shows a per-cent breakdown by cause of 382 maternal deaths recorded in HFs in 2005. The leading causes are haemorrhage and infections. The high proportion of cases, in which the cause remained unknown, reveals diagnostic weaknesses in decentralized units.

Table 9: Causes of maternal deaths

%
Haemorrhage
34.77
Infection
27.96
Retention of the placenta
9.32
Hysterorrhixis
8.60
Eclampsia
5.73
Abortion complications
6.09
Disproportion
4.66
Malpresentation
2.87
Other
36.92
Total
100.00

Source: DEP/Ministry of Health, Statistics, 2005.

178. A low-risk pregnancy programme, implemented since 2004, is expected to reduce maternal and neonatal mortality by 30 per cent by 2008.

179. Measures taken to prevent and combat malnutrition include the following:

- In 2002, establishment of the Directorate of Nutrition in the Ministry for Health.

- Information and awareness-raising activities for parents and the population regarding nutrition. To that end, a trainers' training module and an awareness-raising guide were prepared by the directorate responsible for early childhood support in cooperation with nutrition units.

- Action against deficiencies in micronutrients through vitamin-A distribution free of charge. According to EDS, 2003, 33 per cent of children under five years of age received vitamin-A supplements.

- Organization, in 2005, of an exchange and coordination meeting with consumers' associations and restaurant owners.

- Organization of a national workshop for strengthening the nutrition components of health activities.

- Training of staff in six regions in the use of iodized salt quality control equipment.

- Provision of iodized salt quality control equipment to titrimetric analysis laboratories in the border areas and major centres.


180. A number of NGOs and associations contribute to addressing nutrition problems. Nevertheless, the nutritional status of children gives grounds for concern. In fact, 39 per cent of children under five suffer from chronic malnutrition or arrested growth (EDS, 2003).

181. A strategic plan against malaria was implemented in the period 2001-2005 with a view to reducing the incidence of that disease by 25 per cent through strengthened prevention and better care in health establishments. A new strategic plan is aimed at reducing the incidence of malaria and the related mortality rate to 50 per cent by 2010 through the following priority measures:

- Improved treatment in HFs and at home;

- Promotion of the use of impregnated mosquito nets (IMNs) and intermittent preventive treatment (IPT);

- Building the institutional capacities of the national anti-malaria programme.

182. The following related measures have been taken:

- Establishment of a malaria research and training centre;

- Organization of a national workshop for consensus on combating the vectors;

- Amplification of IMN use (in 2005, 300,000 mosquito nets were distributed country-wide);

- Free distribution of medicines for severe malaria treatment in HFs;

- Adoption of a new protocol for the treatment of malaria;

- Training of community health promoters and mothers in handling non-severe malaria at home in the 55 health care districts.


183. In the framework of its three-year, 2006-2009, programme for the promotion of children, the Christian Children's Fund of Canada (CCFC) implements a project against malaria in seven regions. The project consists in selling IMNs at subsidized prices and sensitizing the population. Public health partners and community health promoters participate in these activities. The community health promoters and the members of the families that they sponsor are trained in preventive measures and therapeutic treatment.

184. Plan Burkina Faso has carried out the following activities against malaria:

- Training of volunteers and members of department courts in civil-status registration procedures and in the prevention of malaria in the organization's area of activity, namely, Bam, Kourittenga, Namentenga, Poni and Sanmatenga (6,440 volunteers were trained and a module of training in malaria prevention is available).

- Donation of 30,000 mosquito nets to 177 HFs.

185. The lethality rate of severe malaria in HFs declined from 5.03 per cent in 2004 to 3.89 per cent in 2005 (PRSP Implementation Report, 2005).

186. In 2005, 2,292 cases of contagious tuberculosis (smear-positive pulmonary tuberculosis (PTB+)) were detected in the 77 detection and treatment centres. A project against tuberculosis in the period 2005-2009 is implemented in the country's 13 regions at a total cost of CFAF 1,444.460 million and pursues the following objectives:

(i) Increasing the rate of detection of new PTB+ cases;

(ii) Raising the tuberculosis treatment success rate from 65 per cent in 2004 to 85 per cent in 2009;

(iii) Ensuring diagnosis and care for TB/HIV coinfection in cooperation with the Permanent Secretariat of the National Council for the Fight Against HIV/AIDS and STDs (SP/CNLS-IST) and PLWHA associations;

(iv) Building the project's managerial capacities.

187. Breastfeeding seems to be the rule in Burkina Faso. According to EDS, 2003, 98 per cent of newborns in the five years preceding the survey had been breastfed. Activities carried out to promote breastfeeding include the following:

- Implementation of the joint WHO/UNICEF "Baby-Friendly Hospital Initiative ( BFHI)" for breastfeeding;

- Training and follow-up of groups supporting breastfeeding;

- Sensitization to the implementation of the International Code of Marketing of Breast-milk Substitutes;

- Annual observance of the World Breastfeeding Week.


Recommendation, paragraph 39 (c): Taking measures to deal with emergency situations, including to combat epidemics of diseases such as meningitis.

188. In the last ten years, Burkina Faso experienced a series of epidemic occurrences of meningitis. Table 10 shows the change in the annual number of cerebrospinal meningitis cases and deaths in the period 1999-2005. Both time series surged in the years 1999-2002 and have been declining noticeably since 2003, possibly as a result of the response plan implemented since 2002. The lethality rate is still high (20.72 per cent in 2005).

Table 10: Change in the annual number of cerebrospinal meningitis cases and deaths, 1999-2005
Year
1999
2000
2001
2002
2003
2004
2005
Cases
3,271
4,059
13,660
14,455
8,675
6,386
3,625
Deaths
668
844
1,937
1,743
1,363
1,149
751
Lethality rate (%)
20.42
20.79
14.18
12.06
15.71
17.99
20.72
Source: DEP/Ministry of Health, Statistics, 2005.

189. As a result of the inadequate hygienic and sanitary conditions in which the population lives, Burkina Faso is exposed to the risk of cholera epidemics. In 2005, 1,036 cases of cholera, and 14 related deaths, were reported in some health care districts. The Centre region was most affected, particularly in the Pissy district and sector 30 in Ouagadougou. The epidemic was contained thanks to concerted efforts of the authorities, partners, health workers, population and media and, consequently, its lethality was limited (1.35 per cent ).

190. The last reported cases of yellow fever occurred 1998. A suspected occurrence in 2001 sparked off a response but turned out to be negative.

191. Epidemic breakouts of measles are frequent. In 2005, of the 1,077 measles cases reported, 22 were mortal, implying a 2.04 per cent lethality rate. The East region, with 220 cases, was the one most affected.

192. Measures taken in the face of emergencies, particularly meningitis and other epidemics, include the following:

- Creation, in 2002, of a directorate for combating disease.

- Development and implementation of an operational response plan against epidemics for the period 2002-2005, targeting meningitis, cholera, yellow fever and measles. Generally speaking, epidemic outbreaks of these diseases occur in the first half of each year, with the onset of the harmattan and the winter period. The plan has allowed early detection and energetic response to the epidemics. Building on lessons learned, a new plan was drawn up for the period 2006-2010.

- Training, in 2005, of health workers in active and passive epidemiological monitoring in respect of diseases affecting public health, including HIV/AIDS.

193. The following health statistics are available:

- Infant mortality rate: 81/1,000 in 2003 (EDS, 2003).

- Child mortality rate: 184/1,000 in 2003 (EDS, 2003).

- Proportion of underweight newborns: 18 per cent (Directorate of Nutrition).

- Proportion of moderately or severely underweight children: 42.2 per cent of children up to four years of age (44.5 per cent in rural and 27.0 per cent in urban areas).

- Proportion of wasting children: 19 per cent (19.1 per cent in rural and 18.7 per cent in urban areas).

- Proportion of children with retarded growth: 44.5 per cent (46.8 per cent in rural and 29.7 per cent in urban areas).

- Proportion of households without access to hygienically adequate sanitation facilities and drinking water:

  1. Outdoors relief: 64.3 per cent in 2003 (compared to 68.0 per cent in 1998);
  2. Use of water inappropriate for drinking (from dug wells, rivers or streams): 30.5 per cent (EBCVM, 2003);

- Proportion of one-year-olds (EDS, 2003) fully vaccinated against:

  1. Tuberculosis: 81 per cent;
  2. Diphtheria, tetanus, whooping-cough: 57 per cent;
  3. Poliomyelitis: 59 per cent;
  4. Measles: 56 per cent;

- Proportion of 15- to 49-year-old women having received prenatal care (namely, having consulted a health worker at least once during pregnancy): 73 per cent (EDS, 2003);

- In HFs, antenatal care-2 (ANC2) coverage in 2005: 63.31 per cent, slightly up from 62 per cent in 2004. However, CPN1 coverage decreased from 81.85 per cent in 2004 to 79.97 per cent in 2005. Postnatal care, although on the rise for three years (attaining 18.64 per cent in 2002, 30.85 per cent in 2003 and 33.68 per cent in 2004), declined in 2005 (DEP/Ministry of Health, Statistics, 2005).

- Proportion of children born at the hospital or a maternity unit: 43 per cent (EBCVM, 2003) or 37.67 per cent (according to HF statistics for 2005). Compared to the ANC2 coverage of 63.31 per cent, these rates suggest that not all women who received ANC gave birth in a HF and that therefore maternity services are underutilized.

- Proportion of health workers trained in hospital childbirth techniques: All health workers have received training corresponding to their area of competence.

- Proportion of mothers practicing exclusively breastfeeding for six months: 19 per cent (EDS, 2003).

Health of adolescents

Recommendation, paragraph 41 (a): Undertaking a comprehensive study on adolescent health problems, with the participation of children and adolescents, and using this study as a basis for the formulation of adolescent health policies and programmes.

194. No national study on adolescent health problems has been carried out. However, in the framework of PSV/DHTE/FE for the period 2004-2015, GTZ conducted a survey on the offer and use, by young persons, of services in the area of Sexual and Reproductive Health of Adolescents and Young Persons (SSRAJ) in HFs in the regions of the East (medical centres (CMs) of Matiakoali, Bogande and Kantchari) and South-west (CMs of Dissin, Diebougou and Gaoua); and on the offer of FP services in the HFs of the East region.

195. The Ministry of Health drew up and implemented in the period 2004-2008 a plan for improving the health of young persons by reducing, among young persons, the:

- Number of early and undesired pregnancies by 30 per cent;

- Rate of illegal abortions by 25 per cent;

- Prevalence of social diseases (alcoholism and tobacco and drug addiction) by 25 per cent;

- Mortality and morbidity rates related to endemo-epidemic diseases and nutritional deficiencies by 40 per cent ;

- Incidence of injuries by 20 per cent.

Recommendation, paragraph 41 (b): Strengthening sexual and reproductive health (SRH) education, mental health and adolescent-sensitive counselling services and making them accessible to adolescents.

196. Measures taken in this area include the following:

- Adoption of Act No. 049-2005/AN of 22 December 2005 on reproductive health, whose article 11 provides for the adolescents' right to information and education on the advantages, risks and effectiveness of all birth control methods.

- Implementation of a pilot project for the promotion of the SRH of adolescents (PSADO) in two provinces (Bazega and of Gourma) in the period 2004-2005 by MASSN with UNFPA support. The project contributed to, inter alia, building social and medical service capacities, making community-based services more available and promoting the rights of adolescents.

- Implementation, by GTZ, of PSV/DHTE/FE, 2004-2015, in two regions (South-west and East). The programme's "sexual health" component, relevant to adolescents, aims at setting up accessible high quality services in HFs and at developing community-based approaches. The following activities were carried out in 2005:

  1. Training of 12 regional trainers in clinical FP services in the East region;
  2. Training of 24 health workers in clinical FP;
  3. Training of 25 health workers in youth-friendly approaches;
  4. Monitoring and evaluation of SSRAJ quality in three pilot sites (CMs of Matiakoali, Bogande and Kantchari);
  5. Conduct and presentation of the findings of a basic knowledge, attitude and practice (KAP) survey on SSRAJ in the eight pilot establishments of the "peer education" strategy in the East and South-west regions.

- Implementation of "peer education" in 13 schools and ten villages in the project areas;

- Strengthening of three FP community programmes in 22 villages in the South-west region with a total of 38 community-based agents, thanks to support for supervising community-based distribution agents (CBDAs) and holding follow-up meetings.

- Production, with ADBCs, of 25 forum theatre performances on FP in villages in 2005.

- Implementation, by ABBEF, of the "Young for the Young" programme, designed and carried out with young persons to address the SRH needs of that group and comprising a project for the promotion of adolescents' and young persons' right to access to quality SRH services and a research activities project. The first centre run by young persons for listening to and supporting their peers was set up in 1992. There are currently three such centres (in Ouagadougou, Bobo-Dioulasso and Koupela).


197. There are currently four programmes or services aimed at preventing and dealing with health problems of adolescents: The Ministry of Health programme for promoting the health of young persons, the GTZ SRH programme, the ABBEF "Young for the Young" programme and the SRH programme of the Burkina Faso Midwives association.
198. No statistics are available regarding adolescents affected by early pregnancies, STDs, mental health issues, drug-addiction and alcoholism.

HIV/AIDS

Recommendation, paragraph 43 (a): Increasing efforts to prevent HIV/AIDS, taking into consideration the recommendations of the Committee adopted on its day of general discussion on children living in a world with HIV/AIDS.

199. The rate of HIV/AIDS prevalence decreased from 7.17 per cent in 1997 to 6.5 per cent in 2001, 4.2 per cent in 2002, 2.7 per cent in 2003 and 2004 and 2.01 per cent in 2005 (DEP/Ministry of Health, Statistics, 2005). This decline may be due to the awareness-raising campaigns and disease prevention programmes implemented. The fight against HIV/AIDS is a PRSP priority. Accordingly, with a view to enhancing synergy among the relevant initiatives and building on the lessons learned and the significant results obtained through the implementation of CSLS, 2001-2005, the Government adopted CSLS, 2006-2010. These strategic frameworks are made operational through annual multisector action plans. Special attention will be paid to improving the living conditions of PLWHAs, affected persons and vulnerable and other specific groups (inter alia, orphans, pregnant women and young persons).

200. Of the CFAF 78 billion expected for the implementation of the above 2001-2005 strategic framework, CFAF 55.6 billion were mobilized, permitting a 71.2 per cent level of execution. CFAF 160.60 billion are required for the implementation of CSLS, 2006-2010. The round table with financial partners held on 3 July 2006 allowed the mobilization of 75 per cent of that budget.

201. The Ministry for Health develops and implements PMCT programmes and plans for paediatric care related to HIV/AIDS. From 3 pilot health care districts in 2002, the number of health care districts addressed by the programme increased to 12 in 2003, 26 in 2004 and 37 (or 67 per cent of the 55 existing districts) in 2005. In that year, of the total number of 832 women found to be HIV-positive, 673 (80.89 per cent) gave birth and 476 (70.73 per cent) received full treatment. Of the 648 infants born to HIV-positive mothers, it has been possible to test 138 (21.30 per cent) at the age of 18 months and only 10.14 per cent were found to be HIV-positive.

202. A policy on care for children living with HIV, particularly through ARV treatment, is implemented at the Charles de Gaulle University Hospital Paediatric Centre and the "Saint Camille" community clinic in Ouagadougou. A paediatric hospital is being built in Bobo-Dioulasso in order to enhance the offer of medical care for HIV-infected children.

203. At the legal level, article 14 of Act No. 049-2005/AN of 22 December 2005 on reproductive health prohibits any discrimination against persons infected with HIV/AIDS and guarantees confidentiality in the patient's relations with social and health workers. The patient is entitled to special assistance in the form of psychosocial support, advice and appropriate medical care.

204. Many TFPs, NGOs and associations participate in the fight against HIV/AIDS (there are at least 1,000 associations and similar bodies). The HIV/AIDS component of PSV/DHTE/FE of GTZ in the East and the South-west regions is a case in point. That programme targets young persons (in school or non-formal education groups) through preventive action based on the "peer education" strategy; and provides technical and financial support to local organizations to promote community-based care for PLWHAs and their families.

205. All activities carried out against AIDS are coordinated at the central level by CNLS-IST, chaired by the Head of the State. The Council is decentralized at the regional, provincial, departmental and communal level. Its executive body is SP/CNLS-IST.

Recommendation, paragraph 43 (b): Urgently considering ways of minimizing the impact upon children of the HIV/AIDS-related deaths of parents, teachers and others, in terms of children’s reduced access to family life, adoption, emotional care and education.

206. A Fund for providing care for HIV/AIDS patients and orphans has been set up within CNLS-IST and allows attenuating the effects of the death of close relatives on the surviving children. The persons affected receive psychological, economic and financial assistance. The Fund supports the OVC policy of MASSN. In that context, the school supplies and expenses of orphans enrolled in school are paid by the Fund (in the period 2002-2005, CFAF 626 million were disbursed for 20,881 children).

207. In caring for OVCs, MASSN is also supported by such partners as UNICEF, Plan Burkina Faso, Private Community Initiative (IPC) and AXIOS Foundation through the OVC programme of Abbott Fund, whose objective is the improvement of the quality of life of OVCs affected by the HIV/AIDS pandemic.

208. The Strategic Framework for Providing Care for OVCs, 2006-2015, was adopted in October 2005. A programme for its implementation in the period 2006-2010 is in the process of adoption. The strategic framework comprises the following four main thrusts:

- Prevention of the risks and consequences of vulnerability;

- Assistance and protection for children in difficulty;

- Promotion of institutional, private, community, family and partnership responses;

- Strengthening of advocacy.

209. The following statistical data are available with regard to HIV/AIDS:

- Number and percentage of children infected with HIV/AIDS: 350,000 OVCs in 2005 (UNAIDS), of whom 80,000 (22.8 per cent) were infected (SP/CNLS-ST).

- Number and percentage of children receiving assistance (medical care, counsel, care and support): 2,734 PLWHAs at the end of 2004 (compared to 1,116 a year earlier), of whom 117 were children. The current number is estimated at 420.

- Number and percentage of these children who live with their parents, in foster families, in establishments or in the street: Not available.

- Number of households, in which children shoulder responsibilities as a result of HIV/AIDS: 33 children listed as heads of household in Ouagadougou (Regional Directorate of Social Action and National Solidarity (DRASSN)).

210. Progress has been achieved inasmuch as the prevalence of HIV/AIDS decreased from 6.3 in 1999 to 2.01 per cent in 2005 (DEP/Ministry of Health, Statistics, 2005). A number of actors are actively involved in providing care for OVCs. A national forum on care for OVCs, held annually since 2003, constitutes a framework for information and experience exchange among these actors.

211. Future efforts will consist in implementing the strategy "Universal access to prevention, treatment, care and support in the fight against HIV/AIDS and STDs".

212. The following main difficulties are encountered in combating HIV/AIDS:

- Continuing stigmatization of and discrimination against PLWHAs;

- Women's inadequate knowledge in SRH;

- Limited dissemination of the PMCT programme;

- Inadequate monitoring and evaluation as a result of operational gaps in the standard data-collection system;

- Low operational capacity of coordination structures as a result of insufficient resources, excessive trained personnel mobility and certain partners' non-concerted interventions.

Traditional practices harmful to health

Recommendation, paragraph 45: Continuing the efforts to end the practice of FGM and to combat food taboos which negatively affect the health of children.

213. The following measures have been taken in order to end the practice of FGM:

- Ratification, on 19 May 2005, of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, adopted in Maputo, Mozambique, on 11 July 2003 under the aegis of the African Union. Articles 5 and 6 of the Protocol prohibit, respectively, FGM and forced marriages.

- Conduct, by GTZ, of studies for obtaining more information on the phenomenon in the East and West-south regions.

- Ongoing information, training and education activities for ASBCs, young persons attending school or non-formal education groups and the population at large through radio broadcasts, lectures and film discussions. The activities carried out in the period 1999-2005 consisted of 269 training events, 30,446 informal discussions, 645 radio broadcasts and 8,958 film projections and lectures (Permanent Secretariat of the National Committee for Combating the Practice of Excision (SP/CNLPE)).

- Introduction of a module on FGM into the primary and secondary education programmes through a joint circular letter issued on 30 June 2003 by the Ministries responsible for education.

- Establishment of a small surgical unit providing comprehensive care for after-effects suffered by victims. In the period 1999-2006, 2,360 persons were treated (SP/CNLPE).

- Regular organization, since 2000, of police patrols for sensitization and dissuasion.

- Organization, in 2005, of knife-surrendering days for excision practitioners.

- Launching of decentralized CNLPE units at the provincial, departmental and village levels.

- Establishment of a CNLP "SOS-Excision" helpline.

- Use of innovative approaches involving, inter alia, leaders, social and professional groups, young persons' peer helpers and excision-practitioners.

- Creation of a web site (www.sp-cnlpe.gov.bf).

214. The following statistics are available with regard to FGM:

- Victims under 15: 40 per cent of that age group (WHO survey, 2002);

- Victims aged 10 or less: 20 per cent of that age group in 2003 (EDS 2003 data processed by CNLPE and Population Council);

- Cases having involved police intervention: 126, including one death, in the period 2004- 2006.

- Persons condemned: 41, including 13 perpetrators (including a male renegade health worker) and 28 accomplices (including 8 parents) in the period 1999-2005. Punishments ranged from six-month suspended to four-year immediate imprisonment sentences (SP/CNLPE).

- Children aged 2 to 15 having received medical care and treatment for after-effects: 285 between 2003 and June 2006.

215. Progress achieved includes the following advances:

- Strong political resolve and commitment (attested by, inter alia, the establishment of a committee and the personal involvement of the first lady);

- Consideration of FGM as a public health and rights-related problem by the State;

- Establishment, by decree No. 2001-258/PRES/PM/MASSN of 6 June 2001, of the date of 18 May as a national day for combating excision;

- Involvement of civil society (opinion leaders, such as traditional and religious chiefs and heads of NGOs, associations and village groups);

- End to the taboo on FGM and, hence, denunciations by the population and court proceedings;

- Declining prevalence of FGM.

216. Difficulties encountered in combating FGM include the following problems:

- Clandestine practice and, as a result, greater danger to the life of children;

- Early performance of excision, generally in the first week after birth, and, therefore, reduced probability of denunciation;

- Lenient sentences and failure to prosecute parents as accomplices.

217. Future efforts will target:

- The adoption and implementation of the action plan "Zero tolerance to FGM by 2010";

- The identification and involvement of new actors (including children and pupils) in the fight against FGM.

218. FLE and a detailed guide prepared as a tool in implementing the early childhood support policy address all traditional practices and beliefs harmful to the health of mothers and children, including nutrition-related taboos.

219. The impact of the programmes and actions implemented on health in the period 1999-2005 consists of the following advances:

- Increase in:

  1. The rate of use of HFs: 33,18 per cent in 2005 (compared to 20.65 per cent in 1999);
  2. The proportion of women having benefited from antenatal consultations: 73 per cent en 2003 (compared to 61 per cent in 1999) (EDS, 2003);
  3. The proportion of women having sought protection against neonatal tetanus: 65 per cent in 2003 (compared to 54 per cent in 1999);
  4. Health infrastructure facilities: 1,349 in 2005 (compared to 1,019 in 1999);
  5. Health services personnel: 4,647 in 2004 (compared to 3,097 in 1999) to (DEP/Ministry of Health, Statistics, 2005).

- Enhancement of:

  1. The rate of use of HFs: 33,18 per cent in 2005 (compared to 20.65 per cent in 1999);
  2. The prevalence of contraceptives: 14 per cent according to EDS, 2003 (compared to 12 per cent according to EDS, 1998);
  3. Antenatal care coverage: 81,85 per cent (compared to 64.26 per cent earlier) (EDS, 2003);
  4. Postnatal consultation coverage: 33.68 per cent in 2004 (compared to 18.64 per cent in 2002 and 30.85 per cent in 2003) (EDS, 2003);
  5. Immunization coverage: 44 per cent of children fully vaccinated in 2003 (compared to 29 per cent in 1999) (EDS, 2003).

- Decrease in:

  1. The overall morbidity rate: 5.8 in 2003 (compared to 15.8 per cent in 1994 and 7.1 per cent in 1998) (EBCVM, 2003);
  2. Proportion of childbirths at home: 62 per cent in 2003 (compared to 67 per cent in 1999). The rate of childbirths in HFs is still low (38 per cent).
- Significant social mobilization on immunization days. As shown in Graph 2, immunization coverage increased over the period 2002-2005, and, in 2005, was on the whole satisfactory in relation to EPI antigens.

Graph 2: Change in the immunization coverage of infants 11 months old or younger

Change in immunization coverage in Burkina Faso, 2002-2206

90
89
71
69
89
71
69
64
61
49
22
86
95
84
77
94
88
78
71
66
50
19
109,70
93,81
86,44
82,71
101,19
94,48
87,73
77,75
75,46
64,99
13,30
111,72
91,46
97,27
94,37
105,08
99,43
96,29
84,00
84,09
70,87
8,37
0
20
40
60
80
100
120
BCG
OPV1
OPV2
OPV3
DTP1
DTP2
DTP3
VAR
VAA
VAT2+

DPT1/DPT3
drop-out rate
Antigènes
Rate de coverage
Year 2002
Year 2003
Year 2004
Year 2005


G094131902.jpg

G094131903.jpg

G094131904.jpg

G094131905.jpg

G094131906.jpg

G094131907.jpg

G094131908.jpg

G094131909.jpg

G094131910.jpg

G094131911.jpg

G094131912.jpg

G094131913.jpg
G094131914.jpg
Source: Ministry for Health, Statistical Yearbook, 2004..

220. Difficulties with respect to health may be summarized as follows:

- The populations' financial capacity is too low to meet medical fees and medication costs.

- The quality of patient reception and of the services offered is inadequate.

- Despite the efforts made, coverage by health workers is insufficient. The health worker / inhabitants ratios are still below WHO standards. Actual ratios have been estimated (cf. background document for the UNDP donors' round table held in 2003) at:

- 1 physician / 20,516 inhabitants;

- 1 midwife / 24,357 inhabitants;

- 1 State-licensed nurse / 6,131 inhabitants;

- 1 registered nurse / 6,980 inhabitants;

- A significant number of patients have recourse to self-medication.

- Prohibited medicines are widely used.

221. Future efforts will include the following:

- Introduction of a IMCI module into the curriculum of the professional schools concerned;

- Generalization of the PMCT programme;

- Adoption of a national EOC strategy;

- Broadening the range of EPI target diseases by administering, at the same time as DTP3, two new vaccines, namely, against Hepatitis B and Haemophilus influenzae;

- Adoption and implementation of a national roadmap for accelerating the reduction of maternal and neonatal mortality.

6.4. SOCIAL SECURITY AND CHILD CARE SERVICES AND
ESTABLISHMENTS
(article 26 and article 18, paragraph 3)


222. Burkina Faso's social security system is inadequately developed, covering only 11 per cent of the public and the private sector workforce. Private insurance is also exiguous, covering less than 1 per cent of the population.

223. In order to mitigate this inadequacy, the State encourages the establishment of mutual health-insurance enterprises by the population. Civil society organization networks support, inter alia, such enterprises, whose number in the country currently exceeds 300.

224. No specific measure is taken to ensure workers' children right to child care services and establishments. The day-nursery system of cribs for children up to three years of age is insufficiently developed. Pre-school education for children aged three to six is provided in day-care centres and kindergartens.

225. In terms of security, the main challenge consists in the system's limited coverage of the population.

226. Measures to be taken in the future include mainly the adoption and implementation of a social protection policy and the promotion of mutual health-insurance enterprises in the organizations and communities.

6.5. ADEQUATE STANDARD OF LIVING (article 27, paragraph 1-3)


Recommendation, paragraph 49 (a): Reinforcing efforts to provide support and material assistance to economically disadvantaged families and to guarantee the right of children to an adequate standard of living.

227. The 2005 PAP for PRSP implementation shows that the cumulative impact of economic growth in 2003 (8 per cent), 2004 (4.6 per cent) and 2005 (7.1 per cent) contributed to a reduction in the overall incidence of poverty from 46.4 per cent in 2003 to 42.4 per cent in 2005. In the period 2003-2005, the incidence of rural and urban poverty also declined, respectively, by 3.7 and 4.7 percentage points. Poverty depth and poverty severity retreated, respectively, by 1.4 and 0.5 percentage point. Moreover, agricultural incomes increased significantly (by 5 per cent among subsistence farmers and by 8.6 per cent among cash-crop producers).

228. The on-going annual survey/questionnaire on basic indicators of well-being (EAP/QUIBB) conducted in August and September 2005 revealed a positive development of social indicators. In particular, poor persons' access to basic social services improved, as 87.3 per cent of households are less than 30 minutes away from nearest the school (compared to 62.3 per cent in 2003), 34 per cent of persons over 15 are literate (compared to 21.8 per cent in 2003) and 77.2 per cent of the population are satisfied with the available medical services.

229. However, despite this apparent economic growth, the proportion of poor citizens (42.4 per cent) is still high and has a negative impact on the standard of living of numerous children. Implementation of the PRSP is expected to reduce the incidence of poverty from 46.4 per cent in 2003 to less than 35 per cent by 2015 and increase per capita GDP by at least 4 per cent per year as from 2004.

Recommendation, paragraph 49 (b): Paying particular attention to the rights and needs of children in the PRSP.

230. The 2004-2006 PAP for the implementation of the PRSP, as revised in 2003, aims at
enhancing the visibility of the major actions contributing to poverty reduction and comprises four main pillars, which include enhancing the access of the poor to basic social services and social protection through appropriate programmes, and in particular to education, to health and nutrition (including the combat against HIV/AIDS), to drinking water and sanitation (including the reduction of pollution), to housing and to social protection. Social protection comprises the protection and promotion of children, adolescents and the family, the promotion of solidarity and the protection of specific groups (persons with disabilities, elderly persons, indigent persons lacking support and women victims of social exclusion).

231. Measures in support of the child focus on the following areas: Pre-school education, social, educational and pedagogical care for street children and young persons, combating trafficking in children and care for OVCs.

Recommendation, paragraph 49 (c): Cooperating and coordinating efforts with civil society and local communities.

232. The PRSP has been drawn up in cooperation with civil society, the private sector and the local authorities (inter alia, the traditional and religious leaders). The implementation of decentralization measures allows cooperation and coordination of efforts at grass roots level.

VII. EDUCATION, RECREATION AND CULTURAL ACTIVITIES

7.1. EDUCATION, INCLUDING VOCATIONAL TRAINING AND GUIDANCE
(article 28)


Recommendation, paragraph 51 (a): Ensuring that all children, especially girls, wherever they live, including the least developed areas, have equal access to educational opportunities.

233. Programmes and measures have been adopted with a view to the full exercise of the right to education on the basis of equal opportunities for all children at all levels of instruction (pre-school, primary, secondary and higher education).

Pre-school education

234. The following activities and measures have been carried out:

- Ongoing implementation of the national plan for pre-school education, adopted in 1995, with a view to ensuring the availability of adequate personnel for the children concerned.

- Ongoing creation of formal and non-formal facilities ensuring the children's security, early learning and socialization. Formal facilities comprise low-fee nurseries, and kindergartens. Non-formal facilities comprise seasonal nurseries, bisongo (early childhood countryside educational units) and 3E establishments ("EEE" standing for "Early Learning Space"). Low-fee nurseries are public units accessible to the most disadvantaged groups. Seasonal nurseries and bisongo admit rural children. Seasonal nurseries operate only during periods in which rural women need to work intensively. Bisongo operate in villages and are provided with latrines, wash-stands, wells and canteens. Instruction takes place mainly in the local language by community women referred to as "little moms".

235. Since 2005, State budget funds have been allocated to the recruitment and training of qualified educational personnel ("Instructors for young children), overseers ("Young children's instruction inspectors") and supervisors.

236. Nurseries are subsidized by the State. The subsidy total fluctuates as a function of budget constraints. It decreased from CFAF 5 million in 2002 to CFAF 3.5 million in 2004 and increased again to CFAF 5 million in 2005 (DAF/MASSN).

237. Table 11 shows changes in the number of pre-school children. The percentage of children attending early childhood care facilities has followed a sawtooth pattern. In the period 2000-2004, the number of public facilities decreased, as many establishments shut down for lack of operational resources (in fact, nine of those facilities are still closed), while the number of private facilities kept increasing. The number of non-formal facilities has grown steadily and significantly thanks to UNICEF efforts and, especially, the intervention of new promoters, such as the BØRNEfonden organization and OSEO.

Table 11: Number of pre-school facilities and pupils, 2000-2005

School year
Facilities
Children
%
Public
Private
Non-formal
Total
Girls
Boys
Total
2000-2001
80
78
12
170
5,971
6398
12,369

2001-2002
76
80
17
173
6,208
6,541
12,749
1.44
2002-2003
72
99
31
202
6,436
6,578
13,014
0.72
2003-2004
63
150
52
265
10,395
10,410
20,805
1.17
2004-2005
91
154
77
322
11,954
12,421
24,375
1.34
Source: Directorate of Pre-school Education (DEPE)/MASSN

Primary education

238. The Government's resolve to raise school enrolment and literacy rates, improve the quality of education and reduce regional and gender disparities has led to the following action:

- Preparation, in 1999, of an educational policy document followed, in 2001, by the adoption of the TYBEDP, launched in 2002. The TYBEDP establishes basic education as a priority, provides for equal opportunities for all children and sets an overall objective of attaining a school enrolment ratio of 70 per cent and a literacy rate of 40 per cent by 2010. Many partners contribute to funding the TYBEDP, as Table 12 indicates.

Table 12: Financial situation of the TYBEDP as at 30 June 2005 (CFAF million)
Source of funding
Total amount
Type of financing
Cumulative expenses as at 31 December 2004
2005
2005 allocation
Expenses as at 30 June 2005
Revised allocation
IDA
23,516.500
Loan
4,872.456
6,634.400
0
6,300
Canadian International Development Agency (CIDA)
8,516.500
Subsidy
2,601.653
3,871.700
796.876
1,615
AFD and French Ministry of Foreign Affairs (MAE)
16,398.925
Subsidy
1,311.914
985.500
0
4,919
Netherlands
7,967.200
Subsidy
3,474.877
3,071.900
0
4,387
Sweden
4,009.014
Subsidy
909.014
1,691
0
3,100
Denmark
2,383.800
Subsidy
904.430
904.800
0
904.800
Belgium
3,279.785
Subsidy
1,639.673
0
0
1,637
Norway
650
Subsidy
0
0
0
650
Counterpart funds
3,205
Subsidy
900
625
312.500
625
TOTAL
66,052.110

16,634.020
17,784.300
1,109.380
24,137.800
Source : DEP/MEBA

- Implementation of various projects and programmes, including the following:

  1. Oubritenga-Kourweogo-Kadiogo Multisector Programme (PPOKK), 2003-2006, one of whose objectives has been to raise the average educational level of primary school pupils and illiterate adults in the project area, focusing on women and girls. The total cost of the project is CFAF 2,610.378914 million.
  2. National Activity Directorate (DNA) /BKF 6130 Project, entitled "Support for basic education and literacy", 2001-2006. The project's objectives have included facilitating access to education, reducing social and regional disparities and contributing to raising the rate of literacy from 26 per cent in 1998 to 40 per cent in 2006, focusing on women and girls. The total cost of the project is CFAF 8,316.315985 million, including CFAF 576.085 million in national counterpart funds.
  3. Education V Project, supporting basic education and capacity building, 2005-2009. The project's objectives are (i) to improve the accessibility and quality of basic education in deficient areas and (ii) to enhance capacities and sectoral coordination. The total cost of the project is CFAF 15,747.203 million, including CFAF 1,576.254 million in national counterpart funds.
  4. Satellite School and Non-formal Basic Education (ES/CEBNF) Project, 1996-2010. The project pursues the following objectives:

(i) Contributing to boosting GER to 70 per cent ;

(ii) Reducing gender disparities by 2010;

(iii) Raising the rate of literacy to 40 per cent;

(iv) Improving the quality of education.

The total cost of the project is CFAF 22,454.212 million, including CFAF 5,211.312 million provided by the State. The project covers 32 provinces.

  1. Literacy and Training Programme of the Swiss Agency for Development and Cooperation (SDC), 2003-2006. The programme, whose total cost amounts to CFAF 2,030.400 million, aims at enhancing the quality and level of the education offered in the country as a whole.

- Consideration of basic education as a priority sector and, in that context:

  1. Regular recruitment of teachers (approximately 1,500 additional instructors every year) and increase in the number of training schools from three to five;
  2. Commitment, made in 2004, to enrol any school-age child presenting himself/herself at a school;
  3. Implementation of a free school book distribution policy;
  4. Construction of new classrooms and teacher housing;
  5. Progressive generalization of educational innovations (such as the double shift system and multigrade schools).

239. Between 2001 and 2005¸ MEBA's share of the State budget increased, by more than two percentage points, from 9.6 per cent to 12.0 per cent, namely, at an annual average rate of 6 per cent; and is expected to attain the level of 20 per cent by 2010. Table 13 shows that the annual increase in the proportion of the State budget allocated to education has been significant since 2001.

Table 13: Change in the MEBA budget, 2001-2005 (CFAF million)
Year



Amount
2001
2002
2003
2004
2005
Average annual rate of increase
MEBA budget
47,797
9.,6%
61,836
10.,8%
77,221,
13.,1%
87,946
12.,8%
93,835
12.,0%
18%
6%
Source: MEBA progress scoreboard, 2005

240. Additional funding is made available to Burkina Faso under the "Education For All" by 2015 (EFA15) Initiative and the "Education for All–Fast Track Initiative" (FTI) with a view to enabling the country to attain a primary school enrolment ratio of 100 per cent.

241. The significance of the EFA contribution becomes evident in the context of Table 14. In fact, EFA financial assistance increased from CFAF 13.93 million in 1999 to 18.38 million in 2003 (initial report on the implementation of the African Charter on the Rights and Welfare of the Child (ACRWC)).

Table 14: Extrabudgetary funding received by MEBA, 2001-2005 (CFAF million)
Year



Amount
2001
2002
2003
2004
2005
Average annual rate of increase
Extrabudgetary funds
9,399
21,675
27,754
34,368
34,355
38%
Source: MEBA progress scoreboard, 2005

242. The basic education sub-sector of Burkina Faso includes 594 accredited French-Arabic schools and madrasas, attended at the beginning of the 2005-2006 school year by 72,203 pupils, of whom 24,567 (or 34 per cent) were girls; and 676 French-Arabic schools not accredited by the State and attended by 52,258 pupils, of whom 18,494 (or 35,4 per cent) were girls (Directorate of Private Basic Education, Statistics, 2005-2006). The French-Arabic school pupils are not yet taken into account in calculating GER and the gross admission rate (GAR). A study currently carried out by the State in cooperation with United Nations system bodies as part of a joint programme for the education of girls is expected to provide information for assessing the school enrolment situation in general and in relation to girls and women in particular.

243. The following advances may be noted:

- The number of new pupils admitted to CP1 increased from 149,566 in 1999-2000 to 305.954 in 2005-2006, namely, at an annual average rate of increase of 12,7 per cent (14,2 per cent for girls and 11,5 per cent for boys). That rate ranged from under 2 per cent in the Regions of Centre-east and High Basins regions to over 20 per cent in the North, Sahel and East regions (DEP/MEBA, Statistical Yearbook, 2005-2006) (cf. annex II, Table 2).

- In the year 2004-2005, the national gross admission rate attained 70.7 per cent, with significant disparities among regions (the rate ranged from 102.2 per cent in the Centre region to 52 per cent in the East region) and between genders (with an 11 percentage point difference in favour of boys).

- Between 2001-2002 and 2005-2006, the primary education drop-out rate decreased from 6.3 to 5 per cent for CP2, from 9.5 4,5 per cent for CE2 and from 8,7 to 9,3 per cent for CM1.

- The primary education repetition rate decreased from 18 per cent in 2001 to 12 per cent in 2004 and 13 per cent in 2006 (cf. annex II, Tables 3 and 4).

- The primary education certificate (CEP) programme completion rate ranges between 60 and 70 per cent, up from less than 50 per cent in 1999 and 2000 (MEBA progress scoreboard, 2005);

- The 2005-2006 relatively low national pupils/teacher ratio of 52:1 conceals significant urban-rural and regional disparities. Actually, that ratio amounted to 58:1 in the urban and to 1:49 in the rural areas, ranging from a 43:1 minimum in the East region to a 58:1 maximum in the High Basins region. Between 1996-1997 and 2005-2006, the pupils/class-teacher ratio, decreasing slightly at the national level, declined mainly in the urban areas, where it fell from 71:1 in 1996-1999 to 58:1 in 2005-2006 (MEBA progress scoreboard, 2006).

- The number of schools almost doubled, increasing from 3,527 in 1996-1997 to 7,579 in 2005-2006. The annual rate of increase in the number of classrooms rose from 6.6 per cent in 1999-2000 to 9.3 per cent in 2004-2005, amounting to an average of 1,328 classrooms per year.

- The number of primary education pupils and teachers increased at respective average annual rates of 8 and 7 per cent (MEBA progress scoreboard, 2005).

- Overall GER increased from 41.3 per cent in 1999-2000 to 56.8 per cent in 2005 and 60.7 per cent in 2006. In the case of boys, GER increased in the same period from 47.7 per cent to over 66 per cent and, in the case of girls, from 34.6 per cent to 55 per cent. Overall GER increased at an average annual rate of 2.5 per cent before 2002 and 8.5 per cent thereafter.

Secondary and higher education

244. The activities carried out and measures taken in this area include the following:

- Adoption of a Ten-year Plan for the Development of Post-Primary Education, 1996-2005, followed by the adoption of the "Post-Primary Education II, 2006-2009" project.

- Adoption and implementation of the Ten-year Programme for the Development of Secondary and Higher Education (PDDESS), 2005-2014.

- Restructuring of the University of Ouagadougou, in 2000, into seven Training and Research Units and an Institute, with a view to offering professional education programmes.

- Development of private higher education. The number of establishments providing Advanced Technician's Certificate (BTS) training increased from 11 in 2002 to 19 in 2005.

- Organization of initial and continuous training sessions for instructors, overseers, heads of establishment and supervisory staff. Approximately 200-250 professors, 15 inspectors and 30 advisers are trained every year.

- Course programme reforms (in mathematics, physics and French).

- Building of education and research facilities (vocational high schools, training schools and research laboratories).


245. Burkina Faso's military officers' school, the Kadiogo Military Academy, recruits on the basis of an examination at the end of primary education and provides general instruction through the last grade of secondary education. Girls will be recruited as from the beginning of the 2006-2007 school year. As befits a military academy, the school lays the stress on the students' physical and psychological endurance as a function of their age and strength. This renowned institution prepares the students for distinctions greatly appreciated by the parents.

  1. The budget share of MESSRS amounted to approximately 6 per cent in 1999 and 2000 (cf. Additional replies on the second periodic report, p.14). As Table 15 shows, the MESSRS budget in the period 2001-2005 increased steadily in absolute terms, even though it followed a downward trend as a percentage of the State budget.

Table 15: Change in the MESSRS budget, 2001-2005 (CFAF thousand)
Year
2001
2002
2003
2004
2005
MESSRS budget
496,468,900
6.6%
578,299,482
5.7%
591,644,026
6.1%
688,146,087
5.9%
796,190,725
4.8%
Source: DEP/MESSRS

247. As a result of the programmes and policies implemented, there has been an increase in the:

- Secondary education GER from 11.11 per cent in 1999-2000 to 15.55 per cent in 2004-2005;

- Higher education enrolment from 1.3 per cent in 1998 to 2.1 per cent in 2003 (EBCVM, 2003) and to 2.22 per cent in 2004-2005 (School and University Statistical Yearbook, 2004-2005);

- Number of secondary education pupils from 175,205 in 1998-1999 to 295,412 in 2004-2005 (EPD /MESSRS).

- Number of public and private secondary education establishments from 380 in 1998-1999 to 625 in 2004-2005. The number of classrooms increased from 2,934 to 5,064 in the same period.

248. The following measures have been taken with regard to vocational training and guidance:

- Establishment, in January 2004, of a State Ministry attached to MESSRS and responsible for technical and vocational education with a view to specifically addressing vocational training issues;

- Establishment of 16 vocational training centres attended, in 2004-2005, by 13,950 students, of whom 27.9 per cent were girls;

- Establishment, in 2001, of the Information, scholastic and vocational guidance and scholarships centre (CIOSPB), designed to help pupils, students and workers to make an informed choice of subjects adapted to their potential. To that end, information, counselling and training possibility analysis sessions are organized for trainees and parents; and information missions to educational establishments take place every year for graduating students.

- Development, in 2006, of a national vocational training and guidance policy.

249. The following measures have been taken against illiteracy:

- Increase in the number of permanent literacy and training centres (CPAFs) from 9,375 in 2004 to 11,424 in 2005. Demand for instruction in these centres is strong among children under 15 because of the inadequacy of formal education facilities.

- Subsequent to the first national forum on literacy held in Ouagadougou in 1999, establishment, in March 2002, of a Literacy and Non-formal Education National Fund (FONAENF) with a view to mobilizing resources and making them available to operators.

250. Progress achieved in the area of non-formal education and literacy consists in an increase in the:

- Gross adult literacy rate from 27.0 per cent in 2003 to 28.4 per cent in 2004 and 30.5 per cent in 2005 (PRSP Implementation Report, 2005). In 2004-2005, children under 15 accounted for 12.7 per cent of persons registered at literacy centres.

- Number of CPAFs from 9,375 in 2004 to 11,424 in 2005.

- Number of non-formal education trainees at CEBNFs from 2,031 in 2001 to 3,998 in 2005.

251. Measures and strategies adopted for gender equality regarding access to education include the following:

- Implementation of action plans by the Directorate of Girls Education (DPEF), including the following activities, carried out in 2003 and 2004:

  1. Organization of provincial seminars on obstacles to girls' school enrolment;
  2. Organization of a validation workshop on an analytical study on gender disparities;
  3. Promotion of theatrical performances;
  4. Donation of 500 bicycles to satellite-school basic units (management committees), Associations of Mothers Educators (AMEs) and APEs for monitoring girls' education;
  5. Support for NGOs and associations for promoting girls' education;
  6. Contribution to a large-scale fast-track campaign for girls' school enrolment in 30 provinces.

- Award of prizes to the best female pupils;

- Organization of a "Schoolbag for my daughter" campaign in 9 out of the country's 20 most disadvantaged provinces in 1998-1999;

- Waiver of school fees for newly enrolled girls;

- Organization of trainers' training in gender-related aspects of education;

- Scholarship awards in 10 provinces with a low school enrolment ratio;

- Construction of separate latrines for girls;

- Presence of female teachers as behaviour models in schools;

- Conduct of studies on the causes of girls' low school enrolment ratio;

- Current conduct of a study jointly undertaken by United Nations bodies and the Government on the identification of long-standing obstacles to girls' education, focusing on access, attendance and completion;

- Social mobilization at community level through AMEs, performing inter alia the following functions:

  1. Developing activities encouraging fathers to enrol girls in schools and support them in their studies on an equal footing with boys;
  2. Lobbying the authorities to ensure that girls enjoy greater equality and that they stay, succeed and are protected in school;
  3. Proposing strategies for equitable sharing of household tasks between boys and girls;
  4. Participating in setting up school canteens drawing on local resources to retain the pupils.

- Since 1995, implementation, with support from UNICEF and China, of ES/CEBNFs with a view to contributing to expanding the offer of education for children aged 15 or less in the context of Education For All. Such facilities offer boys and girls equal admission opportunities (girls account for at least 50 per cent of every class) and even tend to advantage girls in order to compensate, on a medium term basis, for the excessive gender disparities characterizing the country's education system.
252. As a result of the strategies implemented, gender inequalities have been reduced. In particular, the gap between boys' and girls' GER declined from 12.5 per cent in 2002 to 11.5 per cent in 2005.

253. The following initiatives have been undertaken in order to promote access to education in the least developed areas:

- Identification of 20 provinces with a low school enrolment ratio and characterization of those provinces as priority arias. Accordingly, the rate of increase in the number of classrooms has been higher in those provinces, rising from 24 per cent in 1997-1998 to nearly 30 per cent in 2004-2005. As a result, the number of new pupils in these provinces increased by 25 per cent per year compared to a national annual average rate of 10.8 per cent.

- Establishment of ESs, first and foremost in regions, where the school enrolment ratio does not exceed 25 per cent. After three years in such an establishment, the pupils join the nearest standard school. In view of the resulting overpopulation in standard schools, there is a tendency towards enabling ESs to offer a full primary education programme.

Recommendation, paragraph 51 (b): Taking all necessary measures to make primary education completely free.

254. The following measures have been taken:

- Waiving of public school fees;

- Free provision of school supplies to needy pupils;

- Free distribution of school books under a policy launched in 1995 and aimed at distributing 2.782.500 school books, each to shared by two pupils. Between 1999-2000 and 2004-2005, coverage increased from 0.49 to 0.58 for arithmetic books and from 0.60 to 0.68 for reading books (MEBA progress scoreboard, 2005-2006).

Recommendation, paragraph 51 (c): Providing resources to help children go to secondary school.

255. The following measures have been taken:

- Free provision of school supplies to needy students;

- Award of scholarships, girls taking priority;

- Textbook rental at reduced rates;

- Setting up of AMEs in all public and private education establishments;

- Implementation by UNICEF, in partnership with the Government, of a boarding school pilot project for young girls in the Centre-south (Manga) region in order to create for them a secure environment. The project involves significant community participation through the AMEs.


Recommendation, paragraph 51 (d): Taking the necessary measures to identify the causes of the high repetition and dropout rates in primary schools and taking steps to address the situation.

256. According to EBCVM, 2003, school leavers account for 22.1 per cent of children (23.9 per cent in the rural and 19.2 per cent in the urban areas). Very few (1.2 per cent) are those who leave school because they have finished their studies.

257. The main causes are expulsion for low grades (in 47.5 per cent of cases) and the high level of school fees (in 27.5 per cent of cases) (EBCVM, 2003).

258. Leaving school is much more frequent among OVCs, a group characterized by absenteeism, late arrival, pour grades and dropping out. Accordingly, information and awareness-raising activities are organized for teachers in order to draw their attention to the actual causes of such occurrences. In that connection, the Ministries responsible for education, with AXIOS Foundation support, have prepared a "Guide to care for OVCs in the school environment".

259. Discussions have begun in MASSN on promoting a school social service intended to contribute to improving the pupils' scholastic achievement through the resolution of social problems confronted by the children.

260. Some of the measures taken to address dropping out and repetition are the following:

- Setting up of school canteens, particularly through a "school canteens" project launched in 1999, with a view to encouraging children to attend classes regularly and stay enrolled. School canteens are provisioned by the State, the Catholic Relief Service (CRS), the World Food Programme (WFP) and the communities.

- Creation of satellite schools in order to bring the school closer to the pupil and, especially, to facilitate girls' access and attendance.

- Improvement of the two shift system, in areas where substitute instructors are available, through the formula "212" (two cohorts, one classroom, two instructors) instead of the formula "211" (two cohorts , one classroom, one instructor).

- Results-based management. Scholastic achievement improvement plans are implemented in order to overcome any deficiencies identified.


Recommendation, paragraph 51 (e): Establishing bridges between formal and non-formal education.

261. The establishment of bridges between formal and non-formal education is envisaged in the framework of education system reform.

Recommendation, paragraph 51 (f): Improving the quality and management of education.

262. One of the objectives of the TYBEDP is to improve the quality and management of education. The following measures, among others, are taken for that purpose:

- Teachers' and trainers' training.

- Ongoing quality control.

- Establishment of an operational mechanism for education monitoring and evaluation. This system makes it possible to assess, on annual basis, the level of knowledge acquisition in the various grades.

- Development and implementation of scholastic achievement improvement plans and amelioration of working conditions for the teachers and pupils.

- Curriculum reform and adoption of the "approach by competences". These measures allow developing quality education and ensuring scholastic success for a greater number of children.

- Building of resource centres (National School for Primary Education Teachers (ENEP) Information Centres) in the provinces.

- Introduction, with the cooperation of individuals and NGOs, of a prize for excellence awarded to the best teachers and pupils in the various districts.

263. As a result, the qualification level of primary education teachers has improved and nearly nine tenths of the staff in question possess the necessary qualification, namely, at least a basic teaching certificate (Certificat Élémentaire d’Aptitude Pédagogique (CEAP)) or an equivalent title.

Recommendation, paragraph 51 (g): Raising awareness of the importance of early childhood education and developing programmes to increase enrolment at the pre-school level.

264. The following measures and steps have been taken:

- Creation, in 2002, of the Directorate of Pre-school Education (DEPE) with a view to ensuring that early childhood issues are effectively taken into consideration in the Government's social action policy.

- Implementation of information and awareness-raising activities for parents with a view to promoting appropriate care for young children.

- In the period 2004-2005, support for insolvent care units. As a result, the units still in operation recovered and most of those that had shut down resumed operation.

- Adoption of provisions facilitating the establishment of private units. As a result, private promoters are manifesting strong interest.


Recommendation, paragraph 51 (h): Enabling children with disabilities to have access to regular schools and to formal and vocational educational opportunities.

265. The Directorate of Integration, created in the General Directorate of Basic Education, MEBA, on 29 April 2005, is designed to promote inclusive education. There are plans for expanding that service to all provinces. With support from Handicap International, a pilot project for the integration of children with disabilities is implemented in one of the basic education districts (Tanghin Dassouri). Moreover, deaf children are integrated into three classes at the rate of 10 per class.

266. Support for inclusive schools made it possible to train 200 instructors in teaching integrated classes and to sensitize 120 trainee teachers at the Koudougou Teachers' Academy (École normale supérieure) and the ENEP students.

Children not enrolled in or having dropped out of school

267. Non-enrolment in school is characteristic of at least 44.2 per cent of the population. According to EBCVM, 2003 rural children have by far less access to education. In particular, the primary and secondary school enrolment ratio in rural areas was, respectively, 54.3 and 11.9 per cent, compared to, respectively, 91.2 and 72.8 per cent in urban areas.

268. Generally speaking, the groups of children most affected by non-enrolment are children with disabilities, OVCs and girls. Dropping out of school, which falls into a similar pattern, concerns 22.1 per cent of children at the national level but 23.9 per cent of rural and 19.2 per cent of urban children. The dropout rate is higher in secondary education than in primary (39.9 and 7.0 per cent, respectively) and approximately equal for boys and girls (22.4 and 21.6 per cent). OVCs are the group most affected. For instance, programme monitoring and evaluation activities in two pilot sites at Bobo-Dioulasso and Kongoussi reveal that school dropouts accounted for, respectively, 8 and 7 per cent of orphans but only 5 per cent of non-OVCs (Guide to Care for OVCs in the school environment, 2005).

269. The main grounds invoked for dropping out of school are expulsion (in 47.5 per cent of cases), high school fees (27.5 per cent), wishing to work (8.2 per cent), uselessness of school studies (7.6 per cent ), illness (3.3 per cent), lack of or long distance to a school (2.7 per cent) and marriage or pregnancy (1.3 per cent). In the case of children with disabilities, the reasons for non-enrolment or dropping out are, generally speaking, the school's physical inaccessibility and the unsuitability of the school environment. In the case of girls, the reasons are discrimination in conjunction with the parents' insufficient resources, early marriage and pregnancy.

270. Alternative solutions for the education of the above children are, as a rule, attendance of a CEBNF or of a literacy programme or technical and vocational training.

271. In the case of detained minors or children hospitalized for a long period, measures are taken to enable them to attend educational or training activities within the facility concerned.

Cooperation with local and national NGO-type bodies

272. APEs and AMEs operate in most of the schools. Teachers are organized into unions. These organizations are consulted on all important matters regarding the school life of pupils and teachers. An agreement between the State and the National Union of Secular Private Education Establishments of Private (UNEEPL) currently drawn up is expected to contribute to strengthening cooperation with the private education sector. Despite progress achieved in the last ten years, the girls-boys ratio in terms of access to primary education lags far behind the objective to be attained by 2015 (particularly the target of eliminating gender disparity in primary and secondary education, preferably by 2005). That ratio increased from 64:100 in 1990 to 78:100 in 2004-2005.

273. With regard to secondary education, the situation is more than alarming. Conditions are so unfavourable to girls when it comes to transition to secondary school that all efforts made at a basic level to promote girls' school enrolment are often undermined.

7.2. GOALS AND QUALITY OF EDUCATION (article 29)


Recommendation, paragraph 51 (i): Orienting education towards the aims mentioned in article 29 of the Convention.

274. The objectives and goals of education, as they are defined in the Framework Act on Education, in force since 1996, and the TYBEDP objectives are in line with those provided for in article 29, paragraph 1, of the Convention.

275. The following action is taken in order to achieve the education goals:

- Teaching of the rights and duties of the child through civic education.

- Organization of group activities designed to promote mutual respect, solidarity and the school's relations with its environment.

- Organization of excellence days, on which prizes are awarded to the best pupils and teachers in order to support and encourage the pupils' and teachers' efforts towards raising education quality.

- Organization, in July 2006, of cultural excellence contests among the country's 18 bilingual schools with a view to intellectual development and the promotion of local culture.

- Implementation, by the Ministry of the Environment and Quality of Life, of an ecologically oriented civic ("eco-citizenship") education strategy designed to inculcate respect for the environment and the wish to preserve it in the mind of children.

- Implementation of an eco-citizenship education policy designed to inculcate, in the mind of young children, the spirit of preservation of their environment and quality of life. To that end, the Ministry of the Environment and Quality of Life has carried out the following activities:

  1. A contest for identifying the best ecologically oriented school in 2005;
  2. Environmental education sessions for 100 pupils in all 13 regions;
  3. A drawing session on an ecological theme, sponsored by the spouse of the Prime Minister as part of Forum Planet'ERE in 2005;
  4. Launching of the "eco-citizenship" concept in 2006 and, in that context, provision of related information to 86 schools attended by more than 300 pupils, whose attention was drawn to that theme;
  5. Drafting, in 2006, by children in the Centre-north region, and subsequent distribution in the schools of all regions, of "The ten environmental commandments".
  6. Production of awareness-raising eco-citizenship advertisements in the media.


Recommendation, paragraph 51 (j): Providing teachers with adequate training and encouraging more women to become teachers.

276. As a result of the efforts made, the proportion of qualified primary education teachers increased from 43.1 per cent in 1997-1998 to 88.3 per cent in 2004-2005, so that one may say that "nearly nine teachers out of ten have the necessary qualifications".

277. ES/CEBNF teaching staff is recruited locally as far as possible, and women are encouraged to apply.

278. Between 1997-1998 and 2004-2005, the number of women teachers increased from 4,081 to 7,828 (or by 92 per cent) and women's proportion of the teaching profession increased from 24.4 to 29.1 per cent (MEBA progress scoreboard, 2005).

Recommendation, paragraph 51(k): Implementing the ban on corporal punishment in schools and training teachers in the use of alternative measures of discipline.

279. MEBA addressed a circular letter to all provincial directorates, inspectorates and schools, drawing the teachers' attention to the negative effects of corporal punishment. Furthermore, the provisions prohibiting corporal punishment are recalled in every meeting between inspectors and school principals. That point is stressed in every lecture on children's rights attended by future teachers.

280. Teachers' training emphasizes group learning and the use of authorized punishments, including classroom detention, temporary expulsion for lack of discipline, and the use of "merit" and "demerit" points.

Recommendation, paragraph 51 (l): (l) Encouraging the participation of children at all levels of school life.

281. Under article 39 of the Framework Act on Education, pupils' delegates may sit on the those deliberating bodies, in which their presence is necessary, such as establishment or disciplinary boards. The delegates are elected directly by the pupils.

282. Although progress has been achieved, the education sector suffers from the following weaknesses:

- Low school enrolment ratio. Despite various measures taken, not all Burkina Faso children enjoy yet the right to education. Moreover, the national average school enrolment ratio, 60.7 per cent in 2005-2006, conceals disparities in respect of gender (the ratio is 66 per cent for boys but 55 per cent for the girls) and location.

- Low primary-education completion rate, which in 2005 averaged 32.8 per cent overall (36.6 per cent for boys, 28.8 per cent for girls, 93.4 per cent in urban areas and 21.0 per cent in rural areas).

- The system's low retention capacity. For instance, of the 42.6 per cent of children enrolled in CP1 in 1999-2000, only 66.4 per cent attained CM2. In other words, only 28.3 per cent of children completed lower primary education in 2004-2005 (DEP/MEBA, Overview, 2006, List of schools).

283. The main constraints on the education system are the following:

- Inadequate State resources, limiting the supply of education.

- Parents' poverty, compounded by social and cultural factors, limiting the children's - particularly the girls' - access to and retention in the education system.

- Ignorance of the importance of early childhood and of its management by many parents and other persons responsible for child care and education, leading to inhibited development of the child's psychomotor, cognitive, social and emotional faculties;

- Excessive class size, preventing teachers from taking into consideration the specific characteristics and intellectual ability of each child.

284. Future efforts will focus on the:

- Adoption and implementation of PNDIPE.

- Implementation of the "School for a thousand trades" project for providing vocational training for children aged 12 to 16 who are not enrolled in school but have been declared literate, over a period not exceeding three years, by setting up appropriate education and professional training units. The objective is the sustainable development of basic skills among the young to ensure their autonomy and social and economic integration, as part of poverty reduction efforts.

- Strengthening of FLE-related information and training activities focused on early childhood care. A module and a family-support guide to parents' training are in preparation.

285. The above initiatives are expected to increase the:

- Pre-school enrolment ratio to 4.6 per cent by 2010 (TYBEDP) and to 10 per cent by 2015 (EFA);

- School enrolment ratio, in the period 2000-2010, from 40 to 70 per cent and the literacy rate from 28 to 40 per cent;

- Girl's primary school enrolment ratio and completion rate to, respectively, 65 and 60 per cent by 2010;

- Secondary school enrolment ratio from 13.02 per cent in 2002 to 27 per cent in 2014;

- Proportion of girls from 40.20 per cent in 2002 to 48.69 per cent in 2014;

- Higher education enrolment ratio from 1.52 per cent in 2002 to 5 per cent in 2014.

286. Moreover, the current restructuring of the education system is expected to allow:

- Implementing the principle of compulsory education from 6 to 16 years of age, in accordance with article 2 of the Framework Act on Education, and article 10 of the same Act, relating to basic education, including pre-school education and basic teaching;

- Developing technical and vocational education in order to enhance the effectiveness of the education system in terms of employability of the young;

- Remodelling the system towards a more effective integration of education levels;

- Creating bridges between formal and non-formal education and among mainstream education, technical and vocational training and any other form of training.

7.3. REST, LEISURE, PLAY AND CULTURAL AND ARTISTIC ACTIVITIES
(article 31)

287. Action taken in order to implement a child's right to rest, leisure, play and cultural activities and to participate fully in cultural and artistic life includes the following measures and activities:

- Adoption, in 2005, of a new policy providing for education and artistic and cultural training for children and young persons.

- Establishment, in 2002, in the Ministry of Sport and Leisure, of a Directorate of Leisure Activities in order to ensure the effective enjoyment of the young persons' right to such activities. This Directorate is responsible for, inter alia, technical support for the organization and supervision of various social and educational events.

- Building of various sports and leisure infrastructure facilities (100 sports grounds, 64 youth clubs and 30 omnisport centres) located in various parts of the country.

- Operation, within the DPEA/MASSN, of a unit for the promotion and coordination of extracurricular activities (holiday villages and summer camps).

- Organization, in CLACs, of literary events (tale narrations, recitals and film projections) for a readership consisting by approximately 80 per cent of children; and of the "FESTICLAC" festival.

- Creation of a "children's space" in such major events as the Ouagadougou International Book Fair (FILO), the "Unusual nights at Koudougou" festivals (NAKs), the International Theatre Festival for Development (FITD). and the National culture week.

- Initiation into drawing, modelling, sculpture and painting in various schools and such centres as the National Centre of Arts and Crafts.

- Organization of:

  1. Recreational and sightseeing excursions to tourist sites.
  2. Summer camps and holiday villages. In the period 1998-2004, 5,871 children vacationed in such facilities (DEP/MASSN, Sector Assessment, 1998-2004, August 2004);
  3. Christmas tree decorations, especially for deprived children, as part of nativity celebrations. These annual festivals are organized by district social service units in cooperation with the communes. In 2005, MASSN carried out such national solidarity activities for 1,800 children in Ouagadougou and Bobo-Dioulasso.
  4. Early artistic learning activities in the form of inter-school artistic contests in various provinces. Some of these events have developed into festivals, such as, inter alia, the Ouagadougou Pupils' and Students' Artistic Contest (CASEO), the Ouagadougou Primary School Artistic Contest (CAPO), DENI SHOW and FITINI SHOW.

VIII. SPECIAL PROTECTION MEASURES

8.1. CHILDREN IN EMERGENCY SITUATIONS


Refugee children (article 22)

288. As at 30 April 2006, 199 refugee children, including 117 boys and 82 girls, were registered in Burkina Faso. No children have been displaced internally as a result of a conflict. To this date, there is no record of unaccompanied asylum-seeking or refugee children.

289. CONAREF and the Christian Relief and Development Organisation (CREDO) are the two operational OHCHR partners responsible for refugee issues in Burkina Faso. In that framework, refugee children receive support at the scholastic, psychological and emotional levels. For instance, the number of refugee children having received educational support was 50 in 2002-2003, 72 in 2003-2004, 57 in 2004-2005 and 69 in 2005-2006 (CONAREF).

290. In order to enable refugee children to lead a normal life, CREDO organizes for them every year a Christmas tree event. The State contributes CFAF 5 million per year for the operation of CONAREF (information provided by CONAREF).

291. At the Third Ministerial Conference of the African Union on the situation of refugees, returnees and displaced persons, held in Ouagadougou on 1-2 June 2006, a commitment was made to facilitating the procedures for providing victims of forced displacement in Africa with access to secondary and higher education.

Children affected by armed conflicts (article 38)

292. In the absence of any armed conflict in the country, there are in Burkina Faso no children who have been recruited or have voluntarily joined any forces participating in hostilities and no children who have been demobilized and reintegrated into their community or who are victims of armed conflicts.

293. However, the Ivory Coast political crisis has caused a massive repatriation of Burkina Faso citizens. According to CONASUR, of the 365,979 persons who returned to Burkina Faso between 19 September 2002, when the crisis began, and 31 December 2003, 33 per cent were children under 15 (Analysis of data on repatriates from Ivory Coast, September 2004).

294. Repatriated children have received assistance from the Government, supported by partner organizations, at the educational, medical, food and psychological levels.

295. Through decree No. 2005-661/PRES/PM/MAECR/MASSN of 30 December 2005, Burkina Faso ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

8.2. CHILDREN IN CONFLICT WITH THE LAW


Administration of juvenile justice (article 40)

Recommendation, paragraph 61: Taking the necessary steps to reform the legislation concerning the system of juvenile justice in line with the Convention, in particular articles 37, 40 and 39, and other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System.

296. Juvenile justice reform has been in progress since the appointment of the chairman and the renewal of the membership of CNC.

Recommendation, paragraph 62 (b): Taking all necessary measures to ensure that juvenile courts are established and trained juvenile judges appointed in all regions of the country.

297. One of the significant advances achieved in the period under review with regard to juvenile justice has been the adoption of Act No. 28-2004/AN of 8 September 2004 amending Act No. 010/93/ADP of 17 May 1993 on judiciary organization and establishing youth courts. The law officers and court registrars necessary to that effect have been already appointed and established in the Courts of Appeal of Bobo-Dioulasso and Ouagadougou. A children's judge has been designated in each of these cities. The establishment of youth courts and the appointment of children's judges in the other judicial districts is in progress.

298. The children's judge has jurisdiction to hear cases involving children in conflict with the law and children in need of moral protection.

299. Of the 78 judgements handed down in cases concerning children in conflict with the law, which have been heard by the Ouagadougou and Bobo-Dioulasso judges, 76 imposed a suspended or non-custodial sentence. There were only three cases of relapse, reported by the Ouagadougou children's judge. The 78 judgements are broken down as follows:

- 20 placements in an institution;

- 35 assignments to the parents;

- 2 immediate imprisonments;

- 2 suspended imprisonments;

- 10 acquittals;

- 7 findings of lack of incompetence;

- 2 fines.

300. The outcomes in 19 cases involving children in need of moral protection are broken down as follows:

- 12 minors enrolled in public and private educational establishments;

- 2 minors enrolled in training centres, including one girl who joined a hairdressing salon;

- 2 minors placed in special education centres;

- 1 unweaned infant entrusted to a nursery;

- 2 minors whose custody was granted to both parents subject to specific terms.

301. As a recently introduced institution, juvenile justice encounters difficulties, including the following:

- Lack of clear provisions. Existing legislation has not yet been amended, particularly with regard to procedures and jurisdiction, and, as a result, conflicts of jurisdiction occur.

- Ambiguity as to the status of a minor having participated in an offence committed by adults and heard by an ordinary court, not a children's judge.

- Lack of experience: The children's judges have not received any training specific to their task or visited a country with relevant experience.

Recommendation, paragraph 62 (c): Considering deprivation of liberty only as a measure of last resort and for the shortest possible period of time; limiting by law the length of pre-trial detention; and ensuring that the lawfulness of this detention is reviewed by a judge without delay and regularly thereafter.

302. CC article 57 provides for education, rehabilitation, guardianship or assistance measures to be taken on an individual basis in the case of persons under 18 found guilty of crimes or lesser offences. Specific steps include entrusting the minor to his/her family or placement with a relative or trusted person or in a religious charitable institution or a special public establishment.

303. Judges endeavour to comply with that provision. Taking the Ouagadougou district court as an example, an immediate imprisonment sentence was handed down in 11 (33.33 per cent) of the 33 such cases heard in 2002 but in only 1 (2.56 percent) of the 39 such cases heard in 2006. There seems to be a trend towards rehabilitation measures instead of prison sentences.

304. A positive development has been the adoption of Act No. 007-2004/AN of 6 April 2004, amending the CC and introducing community service as a penalty for a misdemeanour, and of Act No. 007-2004/AN of 6 April 2004 specifying the terms of enforcement of such a sentence.

305. A community service sentence, handed down by a court for the trial of misdemeanours, entails, instead of imprisonment, performing manual labour (such as cleaning, planting trees or building), professional tasks (such as literacy activities, vocational training or other services) or social solidarity duties (such as assisting hospitalized patients, elderly persons or orphans in orphanages).

306. Only minors who are at least 16 years old may be sentenced to community service because the work involved may, by its nature or the conditions in which it is carried out, be harmful to a younger person's health, safety or morals. The length of the sentence ranges between 20 and 150 hours for minors and between 40 and 300 hours for adults. By avoiding a minor's detention, during which he/she might be in contact with hardened criminals, community service reduces the risk of relapsing.

Recommendation, paragraph 62 (d): Providing children with legal and other assistance at an early stage of the procedure.

307. Legal assistance was introduced through decree No. 2001/593/PRES/PM/MJPDH of 6 November 2001 on judiciary organization. The terms of implementation of the decree are under consideration. A study committee has been created to that effect. The main difficulty encountered in ensuring implementation is the slow pace of administrative procedures.

308. Some associations active in the field, such as the Burkina Faso Movement for the Emergence of Social Justice (MBEJUS), provide legal assistance to minors taken to court. In 2006, four children in conflict with law received legal assistance.

Recommendation, paragraph 62 (e): Amending legislation to allow children to appeal a decision without their parents.

309. According to criminal procedure, a convicted minor may appeal the decision directly, without any intermediary. Under civil procedure, however, a minor must be represented. No amendment of civil law has yet been envisaged regarding that problem. In the meantime, civil society endeavours to assist and support children whose rights are violated.

Recommendation, paragraph 62 (h): Ensuring that children remain in regular contact with their families while in the juvenile justice system, notably by informing parents when their child is detained.

310. The parents of a minor arrested by the police or the gendarmerie are immediately informed. As far as possible, the minor is turned over to his/her parents, who are responsible for presenting him/her whenever the law enforcement authorities so request.

311. According to the statistics available for the period 2004-2006, of the 340 persons under 18 arrested by the police, 257 were arrested by the national gendarmerie and 83 by the Bobo-Dioulasso police. Although partial, these data are indicative of the scale of the issue.

312. The judicial social action unit is immediately informed of any a minor involved in judicial proceedings. The unit is responsible for taking steps to locate the minor's parents and carrying out an investigation in order to propose to the judge a fitting sanction.

313. If convicted, the minor is turned over to the social workers of the remand prison or reformatory (MAC). Their role is, inter alia, to preserve the contact between the minor and his/her family and to prepare his/her return.

314. The main difficulties encountered are, first, that minors in conflict with the law are, generally speaking, children who have broken all family ties or whose parents are not known or have no interest in their child's fate; and, second, that the minors in question often carry no identification documents allowing to determine how old they are and, therefore, in some cases, whether they are still minors. The only basis for estimating their age are physical characteristics, such as size.

Recommendation, paragraph 62 (j): Establishing an independent, child-sensitive and accessible complaint system for children.

315. No such system yet exists or is envisaged within the country's judicial structure. So far, recourse to justice is possible for a minor only by means of a complaint filed through his/her parents or guardian, an institution or a social action unit.

Recommendation, paragraph 62 (k): Introducing training programmes on relevant international standards for all professionals involved with the system of juvenile justice.

316. No specific training programmes for all juvenile justice professionals exist so far. However, seminars have been organized, allowing for an exchange of views on the subject. Thus, a juvenile justice training seminar was held in 2006 for judges and prosecutors.

Children deprived of liberty, including children subject to any form of detention, imprisonment or placement in a supervised institution (article 37, paragraphs (b), (c) and (d))

Recommendation, paragraph 62 (f): Providing children with basic services (for instance, schooling).

317. Minors detained in MACs or placed in special education centres participate in rehabilitation (vocational), educational or literacy activities. So far, however, there are no special probationary rehabilitation programmes.

Recommendation, paragraph 62 (g): Protecting the rights of children deprived of liberty and improving their conditions of detention and imprisonment, notably by establishing special prisons for children with conditions suitable for their age and needs, by ensuring the presence of social services in all detention centres in the country, and, in the meantime, by ensuring that children are separated from adults in all of the country's prisons and pre-trial detention places.

318. There are no plans for setting up special prisons for children but an effort is made to provide all MACs with quarters for minors and with social workers. Of the 17 MACs in operation, 12 have quarters for minors and all have at least one social worker. Moreover, minors accused of or convicted for a criminal offence or in need of moral protection are placed in three special education centres (the Laye Centre, MEADO and CEFS in Gampela).

319. Some NGOs and associations (including "Prisoners Without Borders" and the "African Penitentiary Association" (APA)) contribute to the improvement of the living conditions of imprisoned minors.

Recommendation, paragraph 62 (i): Introducing regular medical examination of children by independent medical staff.

320. MACs are provided with health units (infirmaries). Medical examinations do not take place at regular intervals but depending on the needs of hospitals and CMAs.

321. The following statistical data are available with regard to children deprived of freedom:

- Table 16 provides information on persons under 18 in pre-trial detention in MACs in the period 1999-2005. The data cover only the ten pre-existing courts. Many children, who could have been placed in special education institutions, are detained in MACs without a trial.

Table 16: Minors in pre-trial detention, 1999-2005
Year
Place
1999
2000
2001
2002
2003
2004
2005
Ouagadougou
37
49
58
192
320
230
261
Bobo-Dioulasso
12
15
25
15
36
52
7
Fada N'gourma
2
4
3
9
18
12
8
Koudougou
8
17
0
0
22
30
43
Tenkodogo
15
8
18
4
11
17
22
Ouahigouya
20
4
1
14
56
16
34
Dori
3
5
4
9
10
2
4
Kaya
6
15
11
10
25
10
15
Dedougou
9
14
9
18
33
6
9
Gaoua
5
7
23
18
6
6
31
TOTAL
117
138
152
289
537
381
434
Source : DAPRS

- Table 17 provides information on persons under 18 who were convicted and sentenced to detention and on the length of the sentences. Although it has decreased noticeably since 2002, the number of children detained in MACs is still significant even though rehabilitation should be preferred.

Table 17: Convicted minors in detention, 1999-2005
Year
1999
2000
2001
2002
2003
2004
2005
Number
156
118
114
111
69
95
69
Average duration of detention
5 months
- 5 years
3 months - 27 years
4 months - 12 years
5 months - 4 years
4 months
4 months - 23 years
Not available
Source : DAPRS

- Table 18 provides a breakdown of convicted minors by type of offence and length of sentence. Clearly, the most frequent offence is theft, committed by children aged 16 to 18, probably living in poverty and trying to survive. Of the 101 sentences handed down, three- to six-month long sentences, 39 in number, were the most frequent (accounting for 38.6 per cent).

Table 18: Breakdown of the number of sentences imposed on minors, 2005
Length of sentence
0-3 months
>3- 6 months
>6-12 months
>12-24 months
TOTAL
Age
Offences
<16
<18
<16
<18
<16
<18
<16
<18
<16
<18
Theft
4
11
1
29
2
13
0
5
7
58
Handling stolen goods
0
1
0
2
0
3
0
0
0
6
Assault and battery (CBV)
0
2
0
2
0
1
0
0
0
5
Possession or use of drugs
0
4
0
2
0
1
0
0
0
7
Escape
0
0
0
1
0
1
0
1
0
3
Deceit
0
0
0
1
0
12
0
0
0
13
Unintentional homicide
1
0
0
0
0
0
0
0
1
0
Illegal possession of a weapon
0
0
0
1
0
0
0
0
0
1
Wounding causing death
0
0
0
0
0
0
0
0
0
0
Aggravated smuggling
0
0
0
0
0
0
0
0
0
0
Subtotal
5
18
1
38
2
31
0
6
8
93
TOTAL
23
39
33
6
101
Source : DAPRS

Physical and psychological recovery and social reintegration (article 39)


322. Cf. second periodic report, section III (B) (4), pp. 58-59.

Recommendation, paragraph 62 (l): Making every effort to establish a programme of rehabilitation and reintegration of juveniles following judicial proceedings.

323. A policy on prisons has been drawn up by the Ministry of Justice and is in the stage of adoption by the Cabinet. The policy envisages, inter alia, the creation of a reception and training centre, attached to the Ouagadougou and Bobo-Dioulasso Courts of Appeal, for convicted minors and minors at risk, and the recruitment of specialized trainers and psychologists.

324. Capital punishment and life imprisonment, both of which are, under article 37 (a) of the Convention, prohibited in the case of young persons, are still in force in Burkina Faso but in practice have never been imposed on a child.

Recommendation, paragraph 62 (a): Ensuring that persons of 16 and 17 years of age are not treated like adults and enjoy the full protection of the Convention.

325. Although the CC provides for capital punishment and minors over 16 may be treated as adults and receive such a sentence, no minor has in fact so far been sentenced to capital punishment or life imprisonment. Moreover, under CC article 57, convicted minors are, as a rule, subject to rehabilitation measures.

326. However, the CC and criminal-procedure-code review currently in progress is expected to correct any inadequacies related to the protection of minors aged 16 to 17 in conflict with the law.

327. The following main difficulties are encountered in relation to the situation of minors in conflict with the law:

- Non-existence of any legal provision stipulating the presumption of absence of liability of persons under 18. Such a provision would allow protecting more effectively minors aged 13 to 18 who have acted with discretion and 16-year olds involved in the same offences as adults.

- Long duration of the preparation of the social investigation report, a document which is a key element in cases involving minors. For instance, of 72 public hearing postponements in 2006, 66 (91.66 per cent ) were based on the non-availability of that report (six postponements, or 8.33 per cent, were based on other grounds). Such delays are mainly due to lack of material and financial resources, difficulties in obtaining accurate information on the children's parents and distance to the remote provinces from which the children in question often come.

- Lack of children's judges in a number of judicial districts and of quarters for girls, who are therefore placed with women. For instance, in the unit of the children's judge of Ouagadougou (MACO), an under age girl is detained in the women's quarters.

8.3. CARE FOR CHILDREN VICTIMS OF EXPLOITATION, INCLUDING
THE PROMOTION OF THEIR PHYSICAL AND PSYCHOLOGICAL
RECOVERY AND SOCIAL REINTEGRATION (article 39)

Economic exploitation, including child labour (article 32)


Recommendation, paragraph 53: Continuing the collaboration with the ILO International Programme on the Elimination of Child Labour (ILO-IPEC); strengthening the implementation of domestic labour laws; and increasing the number of labour inspectors.

328. There is ongoing cooperation with ILO-IPEC, focused on combating the worst forms of child labour and supporting non-institutional rehabilitation activities for, primarily, children in difficulty. A National Steering Committee (CDN), consisting of representatives of the trade unions, employers and workers, meets regularly on the issue of child labour.

329. In order to strengthen the relevant legislation, a study is currently in progress with a view to the definition of the worst forms of child labour and the implementation of a new legal framework regarding child labour.

330. The number of inspectors and controllers increased from 40 in 2002 to 93 in 2006. With a view to administrative decentralization, there is at least one inspector or controller in each region.

331. The following measures have been taken in the framework of combating the worst forms of child labour:

- Ratification, on 25 June 2001, of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour;

- Adoption of Act No. 033-2004/AN of 14 September 2004 on the Labour Code, whose article 147 raised the minimum age for any type of employment from 14 to 15 years;

- Creation, in the Ministry of Labour and Social Security, in 2006, of a Directorate for combating child labour and its worst forms;

- Implementation of the following initiatives by the above Ministry:

  1. National plan for the Abolition of Child Labour in Burkina Faso (IPEC-BF), launched in 1999;
  2. Project to Support the Declaration on Fundamental Principles and Rights at Work (PAMODEC), 2003-2005.

332. The following related activities have been carried out:

- Drawing up of a national plan and sectoral plans for children working in agriculture, livestock farming and gold washing or as apprentices, or doing hazardous jobs, and for little girls at work;

- Production of three awareness-raising films on child labour, entitled "The ransom of gold", "Apprentices and apprentices" and "Toiling in silence";

- Support for activities conducted by the Child and Young Workers' Association, and, in particular, for the construction of a counselling centre;

- National survey, currently in progress, on child labour with a view to providing quantitative information on children's activities (including school attendance and economic and non-economic activities) and, eventually, creating a quantitative and qualitative database on child labour in Burkina Faso.

333. The Ministry of Labour and Social Security receives financial support from IPEC-BF (US$3,642,570.745 were allocated to eight countries for the period 1999-2006).

334. The impact of the above measure includes the rehabilitation of 623 children (158 boys and 465 girls), victims of some of the worst forms of child labour. Rehabilitation has consisted of training, provision of required material, settlement and education-related support. Moreover, awareness-raising campaigns were undertaken, targeting 20,500 children (12,500 boys and 8,000 girls).

Use of narcotic drugs (article 33)

335. The following steps have been taken for the protection of minors from the use of narcotic drugs:

- Adoption of Act No. 17-99/AN of 22 April 1999 on the Drugs Code, under article 63 of which supplying toxic chemical inhalants to a minor carries imprisonment or a fine;

- Customs, police and gendarmerie action for seizing and destroying narcotic drugs and psychotropic substances;

- CAMEG advertisements against purchasing medicines from street vendors.


336. Non-institutional education units in Ouagadougou and Bobo-Dioulasso estimate that approximately 350 children use narcotic drugs. In the period 2004-2006, the national gendarmerie reported 18 cases involving minors trafficking in drugs.

337. There are no specific units providing assistance and rehabilitation services for drug victims, some of whom are treated in psychiatric facilities or private clinics.

338. The following difficulties are encountered in combating the use of narcotic drugs by minors:

- Use of sponsoring and excessive advertising by tobacco promoters;

- Despite the crackdown and drug destruction measures, persistent trafficking in prohibited drugs, including amphetamines;

- Lack of a detoxification centre.

339. Frequenting drinking establishments exposes minors to physical and psychological hazards. Despite decree No. 347/PRES/AN of 14 August 1964 on the movement of minors and their presence in bars, dance halls and cinemas and at shows, of the 335 and 301 persons arrested, respectively, during two police control operations in 2005, 76 and 52, respectively, were minors. Of the 52 minors, 20 were boys and 32 girls.

340. In order to combat the increasingly disquieting phenomenon of juvenile presence in drinking establishments, the Ministry of Security organized a forum with their managers in order to consider strategies for reducing such presence. Moreover, an awareness-raising campaign for parents and the population was launched in Ouagadougou on 21 October 2005. Furthermore, a unit responsible for addressing the issue was set up in the Ouagadougou Police Headquarters.

Sexual exploitation and sexual violence (article 34)

Recommendation, paragraph 59: Undertaking studies with a view to assessing the scope of commercial sexual exploitation of children and implementing policies and programmes to prevent that practice and for the recovery and reintegration of child victims.

341. A forward study (published by MASSN and UNICEF in October 2001) on "Sexual violence inflicted on children" (sexual abuse and sexual exploitation for commercial purposes) in four regions (the Centre, East, High Basins and Sahel regions) provided the following information, revelatory of the extent of the phenomenon: Of the 127 cases identified, 101 involved abuse and 26 involved exploitation for commercial purposes. All victims were girls. The findings of the study were used to draw up a national action plan.

342. The following activities were carried out in cooperation with civil society organizations:

- Public information and awareness-raising initiatives (informal discussions and debates, lectures and radio broadcasts);

- Legal and judicial assistance for the victims;

- Vocational training and scholarship awards for facilitating school enrolment.

343. Burkina Faso ratified the Optional Protocol on the sale of children, child prostitution and child pornography by decree No. 2005-660/PRES/PM/MAECR/MASSN of 30 December 2005.

344. The following statistical data are available with regard to children victims of sexual exploitation:

- Children victims of sexual abuse or exploitation, including prostitution and pornography, based on the 2001 study:

  1. Total number of sexual abuse victims: 101, broken down as follows:
    1. Victims under ten: 8.91 per cent
    2. Victims aged 10 to 13: 36.63 per cent
    3. Victims aged 14 to 18: 48.51 per cent
    4. Burkina Faso citizens: 85 per cent
    5. Children never enrolled in school: 46 per cent
    6. School dropouts: Nearly 42 per cent
    7. Children residing with their parents: 71 per cent
    8. Children entrusted to a tutor or an employer: 35 per cent were.
  2. Total number of victims of sexual exploitation for commercial purposes: 26, broken down as follows:
    1. Victims:

- Under 10: 11.53 per cent

- Aged 10 to 13: 26.92 per cent

- Aged 14 to 17: 38.46 per cent

- Aged 18 to 25: 23.07 per cent

  1. Burkina Faso citizens: 42 per cent
  2. Victims who:

- Never enrolled in school: 50 per cent

- Dropped out of school: Nearly 42 per cent

  1. Victims exercising no activity, filling an apprenticeship or working in a small business: 54 per cent
  2. Victims residing with their parents: 75 per cent.

- Victims of sexual abuse and exploitation cared for by field workers in the period 2002-2006: Approximately 860, including at least 600 girls. These children received social, health, nutritional, educational and psychological assistance from social services units in cooperation with NGOs and associations (inter alia, the Association for Solidarity with the Young, the Keogo association and the Red Cross). In 2006, legal proceedings were instituted in 42 cases.

- Some convictions of perpetrators of sexual violence:

  1. Decision No. 27/00 of 9 December 2000 of the Ouagadougou Assize Court sentencing M.B. to five-year immediate imprisonment for indecent assault on a 13-year-old pupil;
  2. Decision of 24 September 2003 sentencing S.I. to 20-year imprisonment for the aggravated rape, murder and defilement of the corpse of a male pupil.
  3. Judgment No. 524 of 8 June 2005 of the Ouagadougou Criminal Court (for the trial of misdemeanours) sentencing T.G., of French nationality, to 18-month immediate imprisonment for paedophilic acts on a number of victims.
  4. Judgment of 13 September 2006 of the Fada N'gourma district court sentencing a hotel manager to 8-month immediate imprisonment and a CFAF 100,000 fine for paedophilic acts on four victims aged 9 to 14.

Other forms of exploitation (article 36)

345. Begging is a form of abuse and exploitation of minors.

346. Although begging is an offence according to the CC, an increasing number of children are compelled to beg under religious cover. Known as "garibous", they are recognizable by a red-coloured tomato can that they carry.

347. Twins are sent out to beg by their mother using tradition as a pretext.

348. To combat begging, various awareness-raising campaigns are carried out in cooperation with religious leaders and associations.

349. A National Committee for Combating Begging by Children, consisting of representatives of the State and various partners, including Islamic associations, has been established in order to formulate effective strategies against the phenomenon.

Abduction and sale of and trafficking in children (article 35)

Recommendation, paragraph 55 (a): Preventing and combating the sale of and trafficking in children, including through awareness-raising campaigns and educational programmes, particularly for parents.

350. The extensive efforts made in combating trafficking in children include the following measures:

- Ratification, on 25 June 2001, of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

- Adoption, on 27 May 2003, of Act No. 38-2003/AN of 27 May 2003 on the definition and punishment of trafficking in children.

- Conclusion of the following three cooperation agreements:

  1. Cooperation agreement of 25 June 2004 between Burkina Faso and Mali on combating cross-border trafficking in children; and scheduling of a follow-up meeting in Bamako in October 2006.
  2. Multilateral cooperation agreement of 27 July 2005 between Burkina Faso and eight other countries (Benin, Ivory Coast, Mali, Niger, Nigeria, Guinea, Togo and Liberia) on combating trafficking in children. A monitoring committee was set up and its members (including three Burkina Faso representatives) took office in Abidjan in July 2006.
  3. Multilateral cooperation agreement of 6 July 2006 with 23 other countries in Central and West Africa on combating trafficking in persons, particularly women and children, and a related action plan, 2007-2009.

351. The initiatives undertaken in this area include the following steps:

- Conduct of various studies, including a "Forward study on trafficking in children in Burkina Faso", carried out in October 2001, which identified 1,164 cases in the period 2000-2001, including 855 victims of cross-border traffic (accounting for 76 per cent of the cases). As a rule, the children in question are subjected to the worst forms of child labour (inter alia, gold washing and prostitution).

- Organization of media campaigns and information and awareness-raising workshops addressing civil society, opinion leaders and children, often using forum theatre performances and radio games.

- Implementation, by social action regional directorates with UNICEF support, from July 2001 to May 2002, of a pilot project in the five regions most affected by the phenomenon (the Centre, Centre-west, North, Sahel and High Basins regions), including the creation of (currently) 86 Vigilance and Monitoring Committees (CVSs) and training for their members.

- Implementation, since 2002, of the project "Combating trafficking in children" in the East region with support from the LUTRENA programme, including, in particular, training for 75 CVS members in five provinces.

- Implementation, by GTZ, of PSV/DHTE/FE in the East and West-south regions. This programme allowed inter alia the:

  1. Development or adaptation, with members of the national team of Trafficking in Children and Child Labour (TTE) trainers, of training modules for CVSs and resource persons.
  2. Conduct of a study, in cooperation with the Children's Fund of the "Kreditanstalt für Wiederaufbau" (KfW) German development bank, on opportunities and possibilities for school enrolment and vocational training, carried out in the South-west region in 2005, after a similar 2004 in the East region.
  3. Support for a major forum theatre campaign carried out by seven theatrical groups at 70 localities of the East and South-west regions in cooperation with the KfW Children's Fund (building the capacities of the groups through training, play-creation guidance and supply of equipment). Training was provided by the Burkina Faso Theatre Workshop (ATB) and social mobilization and support for moderating the forum events were contributed by the CVS/Provincial Directorate of Social Action and National Solidarity (DPASSN) and DRASSN);
  4. Production of a guide on the rights of the child and on the law against trafficking in children. In cooperation with the KfW Children's Fund, the guide is being translated into seven local languages spoken in the two regions.

- Organization of a press caravan from 20 to 30 June 2005 on trafficking in children and the worst forms of child labour.

- Production of a handbook for CVSs, an IEC/Communication for Behaviour Change (CBC) training module and a picture box on trafficking in children and the worst forms of child labour.

- In 2005, organization of an information and awareness-raising caravan in six localities where the extent of trafficking in children is significant, setting up of information signs in the country's main coach stations and systematic inspection of arrivals by the National Union of Passenger Carriers (SNTRV-B), in cooperation with law enforcement and social service units.

- Training of:

  1. 18 national trainers (3 social workers, 3 gendarmes, 3 customs officers, 3 labour inspectors, 3 law officers and 3 policemen), responsible for training law enforcement personnel in combating trafficking in children, in October 2003;
  2. 300 policemen, gendarmes, social workers, water and forest administration officials, customs officers and labour inspectors in 11 regions in 2004-2006;
  3. Resource persons and members of 88 provincial and 90 departmental CVSs in 3 provinces and 11 departments in the South-west region in 2004-2005. A workshop was held in the East region on 19-20 July 2006 for 24 local authorities and opinion leaders and 7 core groups in villages.


Recommendation, paragraph 55 (b): Facilitating the reunification of child victims with their families and providing adequate care and reintegration programmes for them.

352. The following measures are taken in order to support children victims of trafficking:

- Care: The children are admitted, lodged and nourished in 19 transit centres before being placed with their own families or repatriated.

- Rehabilitation and social integration: The children are enrolled in schools or placed as apprentices in training centres or with craftsmen. Their family receives financial support for income-generating activities in order to combat the causes of trafficking.

353. With UNICEF support, funds are made available to CVSs in order to facilitate family reunification.

Recommendation, paragraph 55 (c): Ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

354. Burkina Faso ratified the Protocol through decree No. 2002-61 of 19 February 2002.

355. The following figures are available with regard to trafficking in children:

- Number of children victims of trafficking, 2000-2004. As Table 19 shows, internal trafficking is more extensive. An increased number of victims were intercepted in 2004, possibly as a result of more effective action.

Table 19: Change in the number of children victims of trafficking, 2000-2004
YEAR
INTERNAL TRAFFICKING
EXTERNAL TRAFFICKING
TOTAL
2000
76
0
76
2001
594
51
645
2002
304
41
345
2003
620
24
644
2004
763
158
921
TOTAL
2,722
304
3,827

Source : DPEA/MASSN

- Number of border officials and law enforcement officers trained in preventing trafficking in children and respecting the dignity of the victims:

  1. Law enforcement officers
    1. 119 policemen
    2. 120 gendarmes
  2. Border officials
    1. 30 customs officers
    2. 14 water and forest administration officials.

356. The following advances have been achieved:

- Better understanding of the phenomenon.

- Active involvement of such partners as UNICEF, ILO through the ILO/IPEC/LUTRENA project, GTZ, Save the Children Canada (SCC) and civil society.

- Establishment, in May 2006, of the Burkina Faso Network of Communicators on trafficking in children. The network contributes to raising the population's awareness of the phenomenon on a large scale through the media.

- Community involvement through CVSs

- Preparation of an action plan against trafficking in children.

357. Generally speaking, the following difficulties are encountered in combating sexual exploitation, trafficking in children and child labour:

- Poverty of families and insufficient school enrolment. By favouring child labour and the phenomenon of street children, this situation exposes minors to the risk of various types of violence and exploitation.

- Differing perceptions of the "worst forms of child labour" by, inter alia, parents, employers and children. Often, the very parents and children are accomplices.

- Blurred distinction between illegal movement of minors, trafficking and confiage. This impedes efforts to combat trafficking in children.

- Poor geographic distribution of TFP action and concomitant concentration of activities in some areas to the detriment of others.

- Begging under religious cover or on the pretext of tradition (for instance, in the case of twins sent out to beg by their mothers).

358. Future efforts will aim at:

- Implementing various national action plans (NAPs regarding Trafficking in Children, Non-institutional Educational Action (AEMO) and Sexual Violence).

- Implementing bilateral and multilateral agreements on combating trafficking in children.

- Strengthening information and awareness-raising activities through the implementation of a comprehensive communication plan launched in 2005 with UNICEF support.

- Building CVS capacities in the communities.

- Implementing strategies against begging. Dialog with the Muslim community has begun with a view to reducing begging by children attending Koranic schools.

- Creation of a committee for combating violence against children.


359. Cases of child abduction are extremely rare. They consist in non-restitution of a child by the parent not having custody. Most of the cases reported concern separated parents, one of whom lives abroad. Two such cases involving a parent residing in France are being treated by MASSN and are pending before the French authorities.

8.4. CHILDREN BELONGING TO A MINORITY OR AN INDIGENOUS GROUP
(article 30)


360. No part of the Burkina Faso population belongs to a minority or an indigenous group.

8.5. CHILDREN LIVING OR WORKING IN THE STREET


Recommendation, paragraph 57 (a): Ensuring that street children are provided with adequate nutrition, clothing, housing, health care and educational opportunities, including vocational and life-skills training, in order to support their full development.

361. Street children are cared for by MASSN through AEMO units operating in five cities (Ouagadougou, Bobo-Dioulasso, Ouahigouya, Koudougou and Koupela). The Ministry planned to increase the number of beneficiary cities to 20 in the course of 2006.

362. Street children are cared for with regard to nutrition, clothing and health care. AEMO-Ouagadougou, for instance, has identified restaurant owners willing to serve the children in question three meals per day on presentation of a ticket. Moreover, street children receive health care when ill.

363. AEMO units take care of approximately 500 children per year. In the period 2001-2006, for instance, at least 120 girls received AEMO assistance in Ouagadougou and Bobo-Dioulasso.

364. In the period 1999-2006, the actors as a whole assisted in total 4,594 street children, including 103 girls, broken down by type of assistance as follows:

- Re-establishment of family ties: 1,011

- Social and occupational reintegration: 483

- School enrolment: 578

- Placement in an institution: 56.

365. Assistance for obtaining a civil-status certificate (through a complementary birth-certificate court decision (JSAN) and the issue of a national identity card (CIB)) has been provided to 83 children.

366. The implementation of the AEMO programme with State budget funding (CFAF 50 million in 2006) is expected to strengthen the action taken.
Recommendation, paragraph 57 (b): Ensuring that street children are provided with recovery and reintegration services for physical, sexual and substance abuse, protection from police brutality and services for reconciliation with their families.

367. Victims of physical violence and drug abuse are assisted by the AEMO recovery and social reintegration units in cooperation with the National Committee on Illicit Drugs. Sexual violence victims are cared for by social action units with support from the Association for Solidarity with the Young and the Keogo association for Ouagadougou and Bobo-Dioulasso. In the period 1999-2006, 133 street children victims of violence were taken care of.

368. As a result of action for encouraging reconciliation between street children and their parents, nearly 550 children returned to their families in the period 1999-2006.
Recommendation, paragraph 57 (c): Undertaking a study on the causes and scope of the phenomenon of street children and developing a comprehensive strategy to address it.

369. In 2002, a survey on street children and young persons was carried out by the MASSN Directorate of Child and Adolescent Protection in the country's 49 communes. Of the 2,146 children and young persons thus identified, 2,090 were boys and 56 (2,61 per cent ) were girls. The survey allowed following up on their situation (cf. CRC/C/65/Add.18, Annex, pp. 28-30).

370. The findings of the above survey served as a basis for drawing up the AEMO national programme for the period 2005-2009. In addition to street children, that programme addresses children victims of sexual violence, vulnerable children and young persons and children released from specialized institutions, including prisons.

371. Many civil society organizations (NGOs and associations) are interested in street children issues. These organizations include at least seven private structures and more than 70 associations grouped in the Network of preventive action and protection initiatives for children in difficulty (RAPPED).

372. Some of the difficulties encountered in combating the phenomenon of street children are the following:

- Growing poverty in the population;

- Emergence of street families, a new phenomenon;

- Insufficient resources available to the social action sector, whose share of the State budget is estimated at 0.9 per cent, and, as a result, inadequate care infrastructure and qualified human resources.

373. Future efforts will consist in implementing the AEMO plan with a view to:

- Encouraging the participation of families and communities in the process of social and economic reintegration of street children and young persons and, in particular, eradicating begging;

- Prevention an aggravation of the phenomenon by eliminating its causes;

- Development of mechanisms for monitoring young persons who leave specialized education centres.

CONCLUSION

374. The report on the implementation of the Convention on the Rights of the Child shows that, despite its limited resources, Burkina Faso has made extensive efforts to promote children's rights. In the period 1999-2006, action was taken in all areas in order to enhance respect for those rights.

375. The authorities' political resolve has been solidly backed by all TFPs, civil society and grass roots communities. Such support stems from growing awareness, among stakeholders as a whole, of the significance of promoting and protecting the rights of the child.

376. Overall, undeniable progress has been achieved in some fields but in other areas much remains to be done.

377. In the area of education, the school enrolment ratio increased noticeably within a few years, especially in rural areas, and the grass roots communities became involved in the management of the education system, particularly as a result of the implementation of the TYBEDP and the adoption of comprehensive strategies for promoting girls' access to, retention in and completion of school, the building of social and educational infrastructure and the priority given to provinces with a low school enrolment ratio.

378. With regard to children in need of special protection, the emphasis has been placed on care for OVCs and on combating trafficking in children.

379. As a result of the extensive mobilization of actors involved in the fight against HIV/AIDS (mother to child transmission, in particular) and endemic diseases, of the construction of health facilities, especially in rural areas, and of the funding of health care for vulnerable groups, efforts made in the health sector brought about, inter alia, a reduced HIV/AIDS seroprevalence, an expanded immunization coverage and lower infantile and child mortality rates. The results achieved in 2005 indicate an improvement in most indicators. In 2005, for instance, the proportion of assisted childbirths increased to 37.67 per cent from 33.5 per cent in 2004 and the rate of immunization was higher against all antigens than in 2004.

380. In the area of legislation, harmonization is necessary in order to take into consideration the various commitments made at the international and regional levels. Children's courts are a recent measure and, in view of inadequate relevant experience, emphasis will be given to building the capacities of the actors engaged in that field.

381. Despite efforts made in such areas as the rights and freedoms of the child, the protection of children against some scourges and the judicial protection of children, the implementation of the rights of the child continues to encounter specific difficulties, which have not yet been effectively resolved. These difficulties are, in particular, insufficient application of the law, the occurrence of such new types of violence as paedophilia, cross-border trafficking in children and the proliferation of video clubs.

382. Generally speaking, the obstacles to the promotion of the rights of the child are social and cultural. In fact, the rights of the child, such as provided for in the Convention, run counter to customary and traditional perceptions of the child, who may not express a point of view.

383. Future efforts must include ongoing information, training and awareness-raising activities addressing the population and aimed at a change in attitudes. Children's involvement in such efforts through the Children's Parliament will be an asset.

384. The efforts made at the economic, political and institutional levels and the poverty reduction drive are expected to allow the rights of the child to be taken into consideration more effectively in the future.

ANNEX I
BIBLIOGRAPHY

- BURKINA FASO, Initial report on the implementation of the Convention on the Rights of the Child, March 1993.

- BURKINA FASO - UNICEF, Second periodic report on the implementation of the Convention on the Rights of the Child, July 1998 (replies to questions and detailed report).

- BURKINA FASO, Population and health survey, Summary report, 2003, September 2004 (455 pages).

- Ministry of Social Action and National Solidarity, Mission report on the presentation of Burkina Faso's second periodic report on the implementation of the Convention on the Rights of the Child on 30 September 2002 in Geneva and concluding observations of the Committee (19 pages).

- Ministry of Health, Statistical Yearbook, 1999-2005.

- Ministry of Basic Education, Basic education and literacy progress scoreboard, school year 2004-2005, February 2006 (50 pages).

- Ministry of Basic Education, Ministry of Secondary and Higher Education and Research and AXIOS Foundation, Guide to care for orphans and other vulnerable children in the school environment, 2005 (52 pages).

- Ministry of the Economy and Development, Priority action plans for the implementation of the Poverty Reduction Strategy Paper: Implementation Report, 2004, June 2005 (90 pages).

- Ministry of the Economy and Development, Priority action plan for the implementation of the Poverty Reduction Strategy Paper: Implementation Report, 2005, April 2006 (114 pages).

- Ministry of the Economy and Development, National Institute of Statistics and Demography, Analysis of the findings of the national survey on the living conditions of households, Final report, November 2003 (223 pages).

- BURKINA FASO - UNDP, Cooperation for development, Assistance Reform, 1999 Report, Ouagadougou, June 2002, 245 pages.

- BURKINA FASO - UNDP, Cooperation for development, Poverty Reduction Strategy Paper: Frame of reference for action by the development partners of Burkina Faso, 2000 Report, Ouagadougou, Mach 2003 (207 pages).

- BURKINA FASO - UNDP, Cooperation for development, Burkina Faso confronted with HIV/AIDS, 2001 Report, Ouagadougou, October 2003 (154 pages).

- BURKINA FASO - UNDP, Cooperation for development, Assistance procedure and absorption capacity in Burkina Faso, 2002 Report, Ouagadougou, May 2005 (150 pages).

- BURKINA FASO - UNDP, Cooperation for development, Changing forms of development cooperation, 2003 Report, Ouagadougou, April 2006 (164 pages).

- BURKINA FASO, National Council for the Fight Against HIV/AIDS and STDs, Strategic framework for combating HIV/AIDS, 2006-2010, June 2005 (106 pages).

- BURKINA FASO, Priority action plan for the implementation of the Poverty Reduction Strategy Paper, 2006-2008, April 2006 (82 pages).

- BURKINA FASO, OFFICE OF THE PRESIDENT OF THE REPUBLIC, Universal access to prevention, treatment, care and support in the framework of the Fight Against HIV/AIDS and STDs, National dialogue core document, February 2006 (70 pages).

ANNEX II


STATISTICAL DATA

Table 1: Registration at birth and by court decision

Year
REGION
DECLARATION
(at birth)
JSAN
(much later)
2000
East
South-west
Centre-south
Central Plateau
North
Cascades
Centre-west
Centre-east
Boucle du Mouhoun
Centre
Sahel
Centre-north
High Basins
10,259
5,090
10,665
10,020
13,519
7,859
17,583
16,002
25,116
26,477
5,269
15,417
17,366
12,271
11,751
14,138
14,273
28,672
9,661
37,478
26,475
19,725
14,779
12,206
24,764
15,702
TOTAL, 2000
13 regions
180,642
241,900
2001
East
South-west
Centre-south
Central Plateau
North
Cascades
Centre-west
Centre-east
Boucle du Mouhoun
Centre
Sahel
Centre-north
High Basins
10,128
5,238
10,262
9,379
13,397
7,325
19,445
16,555
24,437
13,346
5,446
13,987
15,736
13,319
11,149
11,604
12,575
28,721
8,292
26,147
23,454
23,615
7,391
14,241
17,802
13,683
TOTAL, 2001
13 regions
164,881
211,993
2002
East
South-west
Centre-south
Central Plateau
North
Cascades
Centre-west
Centre-east
Boucle du Mouhoun
Centre
Sahel
Centre-north
High Basins
9,514
5,334
10,441
10,346
13,795
7,782
18,390
16,495
27,003
26,276
5,713
15,428
16,806
23,751
13,818
15,242
19,707
33,085
10,965
36,779
27,118
25,964
15,976
18,295
22,378
18,689
TOTAL, 2002
13 regions
183,323
281,767
2003
East
South-west
Centre-south
Central Plateau
North
Cascades
Centre-west
Centre-east
Boucle du Mouhoun
Centre
Sahel
Centre-north
High Basins
11,684
5,899
9,970
11,327
13,723
8,408
19,962
16,833
26,328
26,776
6,113
15,357
15,816
22,887
14,974
11,924
19,484
26,803
9,787
29,167
24,259
18,905
11,871
13,306
22,517
14,900
TOTAL, 2003
13 regions
188,195
240,783
2004
East
South-west
Centre-south
Central Plateau
North
Cascades
Centre-west
Centre-east
Boucle du Mouhoun
Centre
Sahel
Centre-north
High Basins
12,334
5,781
10,110
11,015
15,586
9,422
18,963
18,871
27,717
28,647
6,038
17,265
16,883
23,021
21,428
13,399
22,613
33,502
10,138
34,476
28,699
27,544
15,982
15,539
26,258
21,283
TOTAL, 2004
13 regions
198,632
293,882
Source : DEP/MATD

Table 2: Change in the number of new CP1 enrolments, broken down by gender, at province level


1999-2000
2000-2001
2001-2002
2002-2003
2003-2004
2004-2005
Boys
87,517
93,061
100,070
121,167
146,946
162,335
Girls
62,049
67,314
73,617
88,703
124,337
133,091
Total
149,566
160,375
173,687
209,870
271,283
295,426
Source: MEBA progress scoreboard, 2005

Table 3: Repetition rate by region and gender


2001 / 2002
2004 / 2005
Total
Boys
Girls
Total
Boys
Girls
Boucle du Mouhoun
Cascades
Centre
Centre-east
Centre-north
Centre-west
Centre-south
East
High Basins
North

Central Plateau

Sahel
South-west
15.8
20.3
16.6
18.3
16.7
18.6
17.2
16.6
18.9
19.1
15.8
18.4
16.2
15.7
20.0
16.8
18.2
16.5
18.4
17.4
16.5
18.9
18.7
15.5
18.3
15.9
15.8
20.7
16.3
18.3
16.9
18.9
17.0
16.8
18.8
19.8
16.2
18.5
16.7
11.9
13.4
12.9
12.0
12.4
11.2
12.4
12.2
11.6
12.4
12.2
7.2
10.6
11.9
13.5
13.4
12.2
12.4
11.3
12.9
12.4
11.8
12.5
12.2
7.4
10.3
11.9
13.3
12.3
11.8
12.4
11.0
11.8
12.0
11.4
12.2
12.3
7.0
11.0
Burkina Faso
17.5
17.6
17.6
11.9
12.1
11.7

Table 4: Change in scholastic achievement rates by education sub-level, 2001-2004

Sub-level

2001-2002
2002-2003
2003-2004
2004-2005
Achievement
Total
Girls
Total
Girls
Total
Girls
Total
Girls
2nd grade (CP2)
Admission to next grade
81.3
81.9
87.2
87.3
86.4
86.6
84.3
83.4
Repetition
13.5
13.3
11.6
11.4
10.8
10.7
10.1
9.9
Dropping out
5.2
4.8
1.2
1.3
2.8
2.7
5.6
6.7
4th grade (CE2)
Admission to next grade
73.4
74.8
79.5
80.4
80.0
81.3
81.4
82.4
Repetition
16.6
16.8
15.4
15.5
14.7
14.8
13.9
13.7
Dropping out
10.0
8.4
5.1
4.1
5.3
3.8
4.7
3.8
5th grade (CM1)
Admission to next grade
75.4
76.7
81.1
81.6
80.0
81.2
81.4
82.5
Repetition
19.3
20.7
17.5
18.7
15.8
16.5
14.7
15.7
Dropping out
5.3
2.6
1.4
-0.3
4.2
2.3
3.9
1.8


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