OHCHR Burkina Faso 2022-2025

STATEMENT ON REPORT OHCHR BURKINA FASO (Contribution ID: 15793) Narrative Report The narrative report was submitted on the 30 April 2024, in accordance with the agreement deadline. Key Results Goal 1 Prevent violations and strengthen protection of human right, including in situations of conflict and insecurity Results 1: National strategies to prevent and respond to conflict consistently integrate human rights protection No results were reported as this result was linked to a planned joint project from the UN Peacebulding Fund which did not receive funding. Result 2: National actors monitor, promotes and protect human rights including a gender perspective throughout the territory with a focus on regions affected by conflict, including the LiptakoGourma region. The OHCHR human rights monitoring protected and/or put an end to ongoing human rights violations of 18 victims as a direct intervention of OHCHR. Further, thanks to OHCHR advocacy, the military agreed to deploy forensic doctors and judicial police officers, to investigate extrajudicial executions in Karma. Concerning monitoring, in July 2023, the OHCHR established an early warning network on human rights violations and abuses for the Greater West of Burkina Faso (Hauts Bassins, Cascades, Boucle de Mouhoun, SouthWest). OHCHR also organized training in human rights monitoring, investigations and reporting for the Ministry of Justice, the police, the National Human Rights Commission (CNDH), and civil society organisations. Through the work of the OHCHR, the CNDH finalized its annual work plan, as well as strengthen the operationalization of the National Torture Prevention Mechanism. Result 3: National counter terrorism operations comply with human rights/ international humanitarian law standards In response to a Note circulated by the OHCHR on the supervision, training and demobilization of the VDPs (government militias), and thanks to the advocacy of OHCHR, the burkinabé adopted a Decree instituting a new Brigades des VDP tasked with ensuring training , supervision and demobilization of the VDPs. In addition, the Code of Conduct of the VDPs were revised so as to take into account OHCHR recommendations, including the obligation to refrain from torture, extrajudicial executions and other human rights abuses. OHCHR also provided technical assistance for the finalization of a national strategy and action plan to strengthen VDP compliance with the above. A key activity during the year has been to training of more than 245 trainers and coordinators of the VDPs, on compliance with international law in "the fight against terrorism", which, according to the government has helped sensitize 15,000 VDPs. In December 2023, OHCHR was, through the adoption of a decree, given access to several high-security prisons for the purpose of human rights monitoring. Goal 2 Strengthen the rule of law and accountability for human rights violations Results 4 Human rights are promoted and protected in the context of return to constitutional order and sustainable peace A major positive development as a result of sustained OHCHR advocacy, was the adoption in February 2023 of a bill stipulating the deployment of provost marshals and provost courts in the theatre of operations. Another concrete result was the establishment of a Human Rights consultation and Early Warning Framework, which will be cochaired by the Ministry of Justice and the OHCHR and tasked with following up on allegations of human rights violations and abuses on a regular basis. The inter-ministerial Working Group tasked with early warning and following up on allegations of human rights violations in the context of the "fight against terrorism" was operationalized following OHCHR advocacy. Goal 3 Enhance equality and counter discrimination Result 5: National legislation combat discrimination in all its forms. In particular, a gender lens is integrated in policies and legislation and gender discrimination are addressed by national authorities. An example of an achievement under this results is the technical assistance that OHCHR gave in mainstreaming human rights into UNAIDS' twoyear national response plan to HIV/AIDS in Burkina Faso. Result 6: A human rightsbased and gendersensitive approach is applied to migratory challenges posed by climate change OHCHR organized capacity building activities, workshops and national consultations were held throughout the country on the rights of migrant workers. A strategy to strengthen the involvement of the CNDH and CSOs in following up on the Concluding observations of the Committee on Migrant Workers (CMW) was adopted by the authorities in November 2023. Results 7: Gender sensitive national policies implementing sustainable development goals and supporting efforts to eradicate poverty integrate human rights OHCHR gave technical assistance for the human rights mainstreaming of the UN's 2023-2025 development cooperation framework (UNCDF) with the burkinabé Government. Some of the work focused on strengthening the integration of the recommendations accepted by Burkina Faso during the third cycle of the UPR. In the same vein, OHCHR assisted in the mainstreaming of human rights in the Voluntary National Report of Burkina Faso on the UN SDG. Result 8: State and civil society actors refrain from stigmatization and using hate speech In late 2023, OHCHR coorganized, with the police unit responsible for fighting cybercrime, a nation-wide awarenessraising campaign aimed at preventing hate speech and incitement to hatred, hostility and violence. Also, the OHCHR supported the Committee on the Eliminiation of Racial Discrimination in following up with the burkinabé authorities on an Early Warning. Goal 4 Enhanced participation and protect civic space Result 9: Laws and policies protect civic space and create a safe and enabling environment for civil society organisations. Women's organisations are particularly empowered -- During 2023, OHCHR made efforts to support the CNDH in revitalizing the National Mechanism for the Protection of Human Rights Defenders, which has laid dormant. As a result, a 2024 Action Plan for the functioning of the mechanisms was drawn up. Result 10: The exercise of the right to freedom of opinion, expression and peaceful assembly is protected With regards to this result, OHCHR developed a Strategy on civic space for the period 2024-2025 as well as a database of civil society organizations. In addition, OHCHR established a national Consultation Framework on civic space in collaboration with several ministries, the national media regulation, the police, the CNDH, journalists and civil society organizations. The task of this framework is to follow up on the road map with 222 recommendations developed during the consultations. In a similar fashion, OHCHR established a strategic dialogue framework with major editors of print media, radio and television, with a view to improve monitoring on civic space but also to build the capacities of journalist regarding the rights to freedom of expression, association and peaceful assembly. Goal 5: Increase implementation of the outcomes of the international human rights mechanisms Result 11: Support national actors and the UNCT in their submission to and implementation of the recommendations of the international human rights mechanisms OHCHR has assisted the government, the CNDH, CSOs and the UNCT to draft and submit reports for the UPR, the UN committee on Enforced Disappearances, WGEID, Human Rights Committee and the Committee on the Elimination of Racial Discrimination. Further, with OHCHR technical assistance, the Government has agreed on five pledges to improve the human right situation: - Strengthening the implementation of the national strategy for the resettlement and reintegration of IDPs by 2025 - Continue to build the capacity of the army and the VDP to take account of human rights - Pursue cooperation with international human rights bodies - Step up the fight against corruption; and - Strengthen the psychosocial support system for victims of terrorism. Partnerships During the reprorting period, OHCHR has cultivated its relationsship with the burkinabé authorities, especially the ministry of justice and the ministry of defence. In parallel, the collaboration with the national human rights comission has been strengthened. Collaboration and partnerships were also strengthened with the UNCT, especially UNDP, UNICEF, UNHCR and UNFPA. The partnership with UNHCR and UNFPA was primarily strengthened through trainings to State actors on human rights and IHL compliance while the one with UNICEF was strengthened through the Monitoring and Reporting Mechanism (MRM) on the six grave violations of childrens rights in situations of armed conflict. Furthermore, UN Human Rights established a strategic and confidential dialogue with the ICRC in 2023 to exchange information on the countrys human rights situation. UN Human Rights also bolstered information sharing and strategic engagement with the diplomatic community, particularly Sweden, The Netherlands, Switzerland, Denmark, Germany, Canada, the European Union and ECOWAS. Plans are underway to extend the engagement to the Global South, with a focus on Saudi Arabia and Brazil. Main challenges In the report, OHCHR highlights a couple of difficulties they face, and in relation to the human rights situation in general. OHCHR is confronted with insufficient human resources to conduct the needed level of human rights monitoring and reporting.OHCHR also lacks a dedicated Program and Project Officer to address the growing demands placed upon it in this field. Externally, OHCHR faced some challenges in promoting and protecting the right to participate and civic space, including growing politicization and collusion of certain CSOs with the transitional authorities. Also, during the reporting period, OHCHR faced challenges regarding its reporting due to delays from the Government in submitting its observations to Quarterly Notes on the human rights situation. Main risks and their management The main risks to the implementation of the OHCHR mandate were of a strategic and political nature. OHCHR had to navigate an increasingly fraught political environment, marked by the expansion of the activities of Government NGOs, the deployment of Russian mercenary operatives as well as an exponential rise in disinformation and inflammatory language against the international community. Lessons learned The Ministry of Justice has expressed strong appreciation for OHCHR's technical and financial assistance and requested enhanced assistance. Following several rounds of consultations held internally and with external partners at the end of December 2023, OHCHR identified the need to deepen its current engagement strategy based on consultation, transparency and confidentiality rather than public denunciation. There also a need for UN Human Rights to continue strengthening the perception of its impartiality among authorities, the media and the wider public. There is a need for OHCHR to strengthen and expand its Field Presence in all the five regions where the UN system has established joint offices. OHCHR further identifies the need to significantly bolster its engagement with traditional, customary and religious authorities in the field of human rights and the protection of civilians. Going into 2024, UN Human Rights also needs to strengthen the integration of human rights into humanitarian action with a view to improving the protection of civilians in Burkina Faso. To this end, UN Human Rights has identified the necessity to initiate new workstreams such as facilitating referrals for victims of human rights/IHL violations and providing small grants for legal assistance to such victims providing legal analysis and support to mobile courts strengthening the accountability of humanitarian actors to affected populations by empowering marginalised groups to participate in decisionmaking processes and promoting inclusive governance and representation in all relevant decision making and coordination fora. The report was approved on the 16th June 2024.

The OHCHR Burkina Faso country office will focus on the following priorities and related outcomes: (i) Early warning, prevention and protection of human rights in the context of conflict and insecurity a. National strategies to prevent and respond to conflict consistently integrate human rights protection. b. National actors monitor, promote and protect human rights including a gender perspective throughout the territory, with a focus on regions affected by conflict, including the Liptako-Gourma Region. (ii) Compliance of national counterterrorism operations with human rights/international humanitarian law (HR/IHL) standards a. The security of the population against the risk of serious HR/IHL violations by security forces is increased. b. Military and other security forces are trained and sensitized on IHL/HR norms and standards, reflecting better respect for these norms and standards during their military and law enforcement operations. c. Internal doctrine and directives of the military and other security actors are revised to ensure full integration of international human rights and IHL standards d. HR/IHL violations by security forces are investigated, addressed and reported by the authorities (iii) Promotion and protection of human rights in the context of return to constitutional order and sustainable peace (rule of law, including accountability and access to justice mechanisms, transitional justice, and elections) a. Human rights aspects are fully integrated into the national reconciliation, electoral and institutional reform processes. b. Accountability is pursued through the justice system (military justice) investigating and prosecuting human rights violations and abuses (including gender-related crimes) more effectively. c. Victims receive adequate remedies through efficient and gender-sensitive public services. (iv) Promotion and protection of economic and social rights, gender equality and non-discrimination for sustainable development a. National legislations combat discrimination in all its forms. In particular, a gender lens is integrated into policies and legislation and gender discrimination is addressed by national authorities. b. A human rights-based and gender-sensitive approach is applied to migratory challenges posed by climate change, with a focus on the Liptako-Gourma region. c. Gender-sensitive national policies implementing sustainable development goals and supporting efforts to eradicate poverty integrate human rights. (v) Protection and enhancement of the civic and democratic space, including through the protection of human rights defenders, freedom of assembly, association and expression, and prevention from stigmatization and hate speech a. Laws and policies protect civic space and create a safe and enabling environment for civil society organisations. Womens organisations are particularly empowered. b. State and civil society actors are sensitized to hate speech and refrain from stigmatization and using hate speech. (vi) Promotion and implementation of the international human rights mechanisms outcomes (UN Treaty bodies; Universal Periodic Review and special procedures) a. State and civil society actors can monitor and report on human rights and can track the progress made in implementing international human rights mechanisms outcomes. b. State and civil society actors engage with international and regional human rights mechanisms, within the reporting periods.