Burkina Faso

Adopted in 2017, the law contains several rights in the Model Law, albeit in a simpler form. There are obligations on the State, but not all in the Model Law. It includes criminal sanctions for crimes committed against human rights defenders. While the law itself doesn’t create a protection mechanism, one was established through the law establishing the NHRI.

Law N° 039-2017/AN, on the Protection of Human Rights Defenders

Complemented by:
Content of the National Mechanism for the Protection of human rights defenders (MNPDDH) Order

Type of instrument: Law
Status: (as of 1 January 2022)
Adopted on 27 June 2017.

Comments on the instrument:

The Law contains several of the rights enshrined in the Model Law, albeit in a simpler way, without going into detail as to what each right entails. While certain rights are not explicitly enunciated, some of their elements are referenced (e.g. there is no explicit mention of the rights to privacy or freedom of movement, but the law contemplates sanctions for harassing or arbitrarily detaining a human rights defender). There are obligations on the State, however, no explicit mention is made of obligations to facilitate the work of human rights defenders or to protect their rights. The Law includes sanctions for crimes committed against human rights defenders, which is a pioneering aspect that is in line with Section 30 of the Model Law.

While the law did not create a protection mechanism, it was created by the NHRI through one of its Orders. The mechanism includes human rights defenders in its work, and it has a broad set of functions to protect them. However, some powers of the mechanism are expressed broadly, as compared to the specificities in the Model Law, this could operate to the detriment of human rights defenders. In addition, the Order does not contemplate independent reviews of the mechanism’s functioning, and the fact that the mechanism was created by an NHRI Order, and not a law or presidential decree, could make it more susceptible to restriction.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No.

Comparison to the Model Law

Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Burkina Faso, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision	Covered?	Analysis / articles
Definition of Human Rights Defender	FULL	4, 5
Right to promote and protect human rights and fundamental freedoms	FULL	3, 6
Right to Form Groups, Associations, and Organisations	FULL	6
Right to Solicit, Receive and Utilise Resources	FULL	6
Right to freedom of expression and to seek, receive and disseminate Information	FULL	6, 9
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations	PART	5, 6
Right to participate in public affairs	FULL	5, 8
Right to Peaceful Assembly	FULL	6
Right to represent and advocate	FULL	5, 6
Right to freedom of movement	PART	21, 22
Right to Privacy	PART	13, 18, 20
Freedom from intimidation or reprisal	FULL	7, 23
Freedom from defamation and stigmatisation	FULL	12, 19, 20

State obligations regarding human rights defenders in the instrument?

Provision	Covered?	Analysis / articles
Obligation to respect, promote, protect and fulfil rights of human rights defenders	PART	10, 12
Obligation to facilitate the activities and work of human rights defenders	PART	17, 20
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	12, 15, 16, 17
Obligation to investigate, provide an effective remedy and ensure reparation	FULL	14, 19-28

Mechanism on the protection of human rights defenders established in the instrument?
The mechanism is developed in the NHRI’s ‘MNPDDH Order’. This built on article 15 of the implementation decree of the NHRI law which confers the responsibility to protect human rights defenders through the establishment of sub-committees, with the permanent sub-committee on civil and political rights having a specific mandate to ensure the protection of human rights defenders.

Provision	Covered?	Articles
Cooperation with human rights defenders, civil society, and national and international human rights bodies	FULL	3, 11, 14
Training of mechanism’s personnel on human rights and fundamental freedoms	FULL	8, 9
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism	NONE
Resources for adequate functioning of the Mechanism / transparency on resource usage	FULL	5, 14, 18-26
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)	PART	11
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	PART	11
Development of protocols and guidelines based on best practices to protect human rights defenders	PART	11
Assist investigations for prosecuting offences against human rights defenders	PART	11
Granting of protective measures based off a specific risk assessment	NONE
Review / appeal of Mechanism decision before courts or independent authority	NONE
Confidentiality and personal data protection	NONE
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	FULL	8, 11

Quick access

Law N° 039-2017/AN Content of the National Mechanism