Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Under the law conviction for rape, including spousal rape, is punishable by five to 10 years’ imprisonment and may include fines of 100,000 to 500,000 CFA francs ($180 to $900). According to human rights NGOs, rape occurred frequently. Although authorities prosecuted rape cases during the year, no statistics were available on the number of cases reported or prosecuted. For example, in April local media reported that a man raped his eight-year-old niece repeatedly before her parents took her to receive medical and psychological care. His arrest was delayed because the crime was perpetrated in a different county from where the victim reported the crime and received treatment. As of October 22, the case was with an investigative judge.
The law does not specifically mention domestic violence, but it enumerates all forms of violence that in substance covers domestic violence. Domestic violence against women occurred habitually; Catholic, Protestant, and Muslim religious leaders in Kaya stated on July 19 that their followers frequently abused their wives. They noted the husbands’ anger was often triggered by their wives’ requests for money for food, clothing, or school fees for their children.
Victims seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice, Human Rights, and Civic Promotion could provide no statistics on prosecutions, convictions, or punishment. A government-run shelter for women and girls who were victims of gender-based violence welcomed victims regardless of nationality. In Ouagadougou the Ministry of Women, National Solidarity, and Family assisted victims of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.
The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. To raise awareness of gender discrimination and reduce gender inequalities, the ministry organized numerous workshops and several awareness campaigns mainly in the Nord, Sahel, Est, and Center-West Regions.
The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in prison. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in prison. Conviction of the foregoing abuses may also carry fines of 500,000 to one million CFA francs ($920 to $1,800).
The law requires police to provide for protection of the victim and her minor children and mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. The law requires all police and gendarmerie units to designate officers to assist female victims of violence–or those threatened by violence–and to respond to emergencies; however, some units had not complied by year’s end. It also mandates the creation of care and protection centers in each commune for female victims of violence and a government support fund for their care. The centers receive victims on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer the victims to court.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women 18 and above and girls below 18, but it was practiced discreetly in both urban and rural areas on victims ranging between 10 months and 24 years of age. Perpetrators, if convicted, are subject to a fine of 150,000 to 900,000 CFA francs ($270 to $1,620) and imprisonment of six months to three years, or up to 10 years if the victim dies.
On September 18, authorities arrested and charged 30 perpetrators of FGM/C. Throughout the year the National Secretariat against Circumcision worked with local populations to combat the practice. The first lady participated in training and awareness campaigns in cooperation with NGOs and the Ministry of Women, National Solidarity, and Family. NGOs reported an overall decrease in the practice from 10 years ago.
For additional information, see Appendix C.
Other Harmful Traditional Practices: The law makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison, a fine of 300,000 to 1.5 million CFA francs ($540 to $2,700), or both. Neighbors accused elderly women, and less frequently men, without support, living primarily in rural areas, and often widowed in the case of women, of witchcraft and subsequently banned them from their villages, beat them, or killed them. In April the Ministry of Justice, Human Rights, and Civic Promotion announced an action plan for assistance to and social reintegration of girls and women marginalized by their communities.
Sexual Harassment: The law provides for sentences of three months to one year in prison and a fine of 300,000 to 500,000 CFA francs ($540 to $900) for conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative, in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Although the law generally provides the same legal status and rights for women as for men–including under family, labor, property, and inheritance laws–discrimination frequently occurred. Labor laws provide that all workers–men and women alike–should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property.
Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result, authorities often denied women the right to own property, particularly real estate. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.
NGOs reported that authorities arrested women working in the sex industry on charges of prostitution, while ignoring men who sought to hire prostitutes alone.
The government conducted media campaigns to change attitudes toward women. It sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights.
Birth Registration: Citizenship derives either from birth within the country’s territory or through a parent. Parents generally did not register births immediately; lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the government periodically organized registration drives and issued belated birth certificates.
For additional information, see Appendix C.
Education: According to multiple government sources and NGOs, more than 473 schools closed due to fear of attacks, leaving more than 64,000 children without an option for education.
Child Abuse: Authorities tolerated light corporal punishment, and parents widely practiced it. The government conducted seminars and education campaigns against child abuse. The penal code mandates a one- to three-year prison sentence and fines ranging from 300,000 to 900,000 CFA francs ($540 to $1,620) for conviction of inhuman treatment or mistreatment of children.
The government did not effectively enforce the law. None of the calls to report violence against children, which led to intervention by security force members, resulted in an arrest or prosecution.
Early and Forced Marriage: The legal age for marriage is 17 for girls and 20 for boys, but early and forced marriage was a problem. The law prohibits forced marriage and prescribes penalties of six months to two years in prison for violators, and a three-year prison term if the victim is under age 13. There were no reports of prosecutions during the year. A government toll-free number allowed citizens to report forced marriages.
The Ministry of Women, National Solidarity, and Family conducted information and awareness campaigns. On April 21, local authorities from the ministry in Sanmatenga, a rural region with a historically high rate of child marriage, organized a march and publicly denounced the practice.
According to media reports, the traditional practice persisted of kidnapping, raping, and impregnating a virgin girl and then forcing her family to consent to her marriage to her violator.
Sexual Exploitation of Children: The law provides penalties for conviction of “child prostitution” or child pornography of five to 10 years’ imprisonment, a fine of 1.5 to three million CFA francs ($2,700 to $5,400), or both. The minimum age of consensual sex is 15. A 2014 law criminalizes the sale of children, child commercial sexual exploitation, and child pornography. Children from poor families were particularly vulnerable to sex trafficking. The government did not report any convictions for violations of the law during the year.
Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. Newspapers reported several cases of abandonment of newborn babies.
Displaced Children: Repeated armed attacks in the Sahel, Nord, and Est Regions caused the displacement of thousands of children throughout the year. Between January and July, UNHCR registered 27,347 IDPs, of whom 57 percent were children. There were numerous street children, primarily in Ouagadougou and Bobo-Dioulasso. Many children ended up on the streets after their parents sent them to the city to study with an unregistered Quranic teacher or to live with relatives and go to school. In August in the capital, the government launched an initiative to recruit children living on the streets and place them in government-run youth centers where the youth had access to food, shelter, and limited vocational training.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
There was no known Jewish community. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system, or the provision of other state services, but the government did not effectively enforce these provisions. There is legislation to provide persons with disabilities less costly or free health care and access to education and employment. The law also includes building codes to provide for access to government buildings. Authorities did not implement all of these measures effectively.
Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service.
The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs.
The government continued to arrange for candidates with vision disabilities to take the public administration recruitment exams by providing the tests in Braille. Additionally, authorities opened specific counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests. According to the Ministry of Education, children with disabilities attended school at lower rates than others, although the government did provide for limited special education programs in Ouagadougou.
Longstanding conflicts between Fulani (Peuhl) herders and sedentary farmers of other ethnic groups sometimes resulted in violence. Herders commonly triggered incidents by allowing their cattle to graze on farmlands or farmers attempting to cultivate land set aside by local authorities for grazing. Government efforts at dialogue and mediation contributed to a decrease in such incidents.
On April 15, conflict broke out between members of the Peuhl and Gourmantche ethnic groups living in the Est Region over the alleged murder of a Gourmantche man. Local newspapers reported that in retaliation, members of the Gourmantche community allegedly burned several buildings in a Peuhl village, displacing approximately 100 persons.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and humiliated them in detention before releasing them.
Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.
LGBTI organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations, although incidents were not always reported due to stigma or intimidation.
HIV and AIDS Social Stigma
Societal discrimination against persons with HIV/AIDS was a problem, and families sometimes shunned persons who tested positive. Families sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some property owners refused to rent lodgings to persons with HIV/AIDS. The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.
Other Societal Violence or Discrimination
Vigilante groups apprehended and sometimes arbitrarily detained individuals, usually involved in petty crime, employing severe beatings to solicit a confession. On May 2, assailants attacked a school in Kaya and set on fire the headquarters of vigilante group Kogleweogo. NGOs reported that the dominant Mossi ethnic group often discriminated against the Fulani ethnic group, stigmatized them as terrorists, and in some cases refused to lease housing to or hire Fulanis. NGOs reported that police often arrested a Fulani person based on their physical appearance, questioning them on charges of terrorism before eventually releasing them without charge.