Committee on the Rights of Persons with Disabilities

Thirty-first session

12 August–6 September 2024

Consideration of reports submitted by parties to the Convention under article 35

Replies of Burkina Faso to the list of issues in relation to its initial report *

[Date received: 5 February 2024]

I.Purpose and general obligations (arts. 1–4)

Reply to the question raised in paragraph 1 (a) of the list of issues (CRPD/C/BFA/Q/1)

1.The National Strategy for the Protection and Advancement of Persons with Disabilities covering the period 2012–2021 was not accompanied by an operational action plan and therefore was not implemented in operational terms. However, certain activities for the protection and advancement of persons with disabilities were carried out. Activities undertaken between 2012 and 2020 are shown in the table below.

Table 1

Activities undertaken, 2012–2020

No.	Activity
	Monitoring of care facilities for persons with disabilities and collection of data on disability
	Integrated care of over 1,500 children with disabilities at 40 facilities
	Celebration each year of International Day of Persons with Disabilities
	Issuance of over 3,000 disability cards to persons with disabilities
	Training of 15 officials responsible for producing disability cards
	Training of 75 municipal councillors from 10 communes on disability and inclusive development
	Organization at the central and decentralized levels (in the Centre-Est, Sud-Ouest, Centre-Nord, Boucle du Mouhoun and Centre Regions) of 12 rounds of consultations with disability stakeholders
	Provision of special equipment and mobility aids to 68 vulnerable persons with disabilities in the 13 regions
	Support for organizations of persons with disabilities in the implementation of their inclusive action plans for the schooling of children with disabilities
	Subsidization of income-generating activities (including training and awareness‑raising and follow-up) for 2,130 persons with disabilities whose applications were accepted
	Follow-up and monitoring visits to private care facilities for persons with disabilities with a view to capitalizing on experiences
	Reproduction of inclusive pictograms to raise awareness of coronavirus disease (COVID-19)
	Braille translation of COVID-19 awareness-raising messages for partially sighted and blind persons
	Broadcast of radio programmes in the 45 provinces to raise awareness of disability and the protection of persons with disabilities from COVID-19
	Supply of protective equipment against COVID-19 for vulnerable persons with disabilities and technical directorates
	Provision of special equipment and mobility aids to 265 persons with disabilities in the 13 regions
	Organization of a national forum on persons with disabilities
	Conduct of the general census of children with disabilities

2.The sum of 3,166,565,000 CFA francs (CFAF) was mobilized for these activities.

3.As for the National Strategy for the Protection and Advancement of Persons with Disabilities 2021–2025 and the three-year action plan adopted on 1 September 2021, the 2021 progress report indicates that 142 activities were carried out with funding in the amount of CFAF 1,369,209,000, while the 2022 report indicates that 131 activities were carried out with CFAF 4,009,683,000.

Reply to the question raised in paragraph 1 (b)

4.A study on bringing the legislation and regulations of Burkina Faso into conformity with international human rights standards was carried out in 2020. On the issue of disability, the study recommended:

The review of national laws to take into account the definition of persons with disabilities set forth in the Convention

The incorporation in the Criminal Code of a definition of racial discrimination taking into account persons with disabilities

The review of Decree No. 2012-824 of 8 October 2012 on the conditions of issuance of disability cards in order to exempt holders from medical expenses and simplify the procedure for determining the degree of disability.

5.Consultations are under way with a view to implementing the recommendations of the study.

6.The national framework for disability assessment was adopted in March 2021 and the Charter on Inclusion of Persons with Disabilities in Humanitarian Action was signed on 31 August 2023.

Reply to the question raised in paragraph 1 (c)

7.During the COVID-19 pandemic, the Government and organizations of persons with disabilities engaged in advocacy with the institutions leading the response so that the specific needs of persons with disabilities were taken into account.

8.Other initiatives were developed in partnership with non-governmental organizations (NGOs) working in the area of disability to supplement institutional response plans. These included initiatives in the area of inclusive communication, such as developing accessible audiovisual material for national television, making sign language interpreters available, and designing pictograms for care facilities for persons with disabilities. Protective equipment, including hand sanitizer and masks, was made available to these facilities.

II.Specific rights (arts. 5–30)

Equality and non-discrimination (art. 5)

Reply to the question raised in paragraph 2 (a)

9.The Constitution of 2 June 1991, the Transition Charter adopted on 15 October 2022, the Criminal Code of 2018 and the Code of Criminal Procedure of 2019 are among the laws that contain provisions prohibiting all forms of discrimination, including on the grounds of disability. Furthermore, the ongoing review of laws such as the Personal and Family Code might lead to the removal of any provisions deemed to be discriminatory.

Reply to the question raised in paragraph 2 (b)

10.In Burkina Faso, no distinction is made between persons with disabilities and other persons in matters of justice. All have the same rights and can pursue legal remedies when their rights are violated.

11.Advocacy is carried out with judicial institutions and they undergo accessibility audits so as to make legal remedies more effective and ensure their accessibility and affordability for all persons with disabilities.

Reply to the question raised in paragraph 2 (c)

12.There are no data on claims of disability-based discrimination, disaggregated by sex, age, type of court, geographical location, sector in which the discrimination occurred and sanctions imposed.

Reply to the question raised in paragraph 2 (d)

13.The following measures were taken to prevent, investigate and sanction all forms of discrimination against persons with disabilities, including children with disabilities:

The establishment of a toll-free child protection hotline (116)

The establishment of a toll-free gender-based violence hotline (80 00 12 87)

The establishment of a toll-free hotline to combat the practice of excision (80 00 11 12)

The organization of awareness-raising and capacity-building activities for stakeholders

The formal establishment of the Child Protection Information Management System (CPIMS+), a digital platform for the integrated and holistic management of cases of violence against children.

Women with disabilities (art. 6)

Reply to the question raised in paragraph 3 (a)

14.To increase access to justice, political and public life, education, income-generating activities and health care, including sexual and reproductive health-care services, for women and girls with disabilities, measures taken include:

The establishment of a legal aid fund that allows anyone who applies for legal aid to benefit from it

Between 2018 and 2022, the awareness-raising of 1,750 women on how to bring cases before the courts or apply to protection mechanisms

Training activities on entrepreneurship for women with disabilities

The allocation of microcredit for income-generating activities

Awareness-raising for women’s and girls’ civic engagement, including in political and public life

Grants and specific tax and fee exemptions for persons with disabilities

The implementation of eight community-based rehabilitation programmes

The acquisition of administrative documents to allow women and girls to participate in collective marriage ceremonies, thus regularizing their unions

Direct funding through subsidies for specialized health care, including transfers to the most suitable facilities, and consultations on outreach strategy with specialists in mental health, ophthalmology, physiotherapy, ENT and orthotics and prosthetics

The allocation of credit at a preferential rate of 2 per cent to young female entrepreneurs with disabilities

The monitoring of 1,361 children with disabilities (690 boys and 671 girls) in education

The issuance of 4,200 birth certificates and national identity cards to women and girls with disabilities

The financing of 2,325 projects for persons with disabilities, 48.56 per cent of which were for women with disabilities

The celebration of International Albinism Awareness Day.

Reply to the question raised in paragraph 3 (b)

15.The statistical yearbook of the Ministry of Justice does not provide data on the number and percentage of lawsuits based on Act No. 061-2015/CNT of 6 September 2015 that were introduced by or on behalf of women and girls with disabilities, disaggregated by type of impairment, age, geographical location, type of offence and penalty imposed.

Children with disabilities (art. 7)

Reply to the question raised in paragraph 4

16.All children in conflict with the law or at risk of conflict with the law benefit from counselling and support from social services during legal proceedings.

17.Action is also being taken so that children in conflict with the law or at risk of conflict with the law can be placed in specialized institutions or foster families instead of prisons, for their better protection.

Awareness-raising (art. 8)

Reply to the question raised in paragraph 5

18.Activities to combat stereotypes, prejudice and harmful practices relating to persons with disabilities, including persons with albinism, are carried out on an ongoing basis. They include:

Outreach, communication and awareness-raising campaigns (educational talks, radio and television broadcasts, conferences and forum theatre performances)

The annual celebration of International Albinism Awareness Day

Advocacy activities with customary and religious authorities and community leaders to promote the abandonment of stereotypes, prejudice and harmful practices relating to persons with disabilities, including persons with albinism.

19.All activities are detailed in the operational action plan of the National Strategy for the Protection and Advancement of Persons with Disabilities 2021–2025.

Accessibility (art. 9)

Reply to the question raised in paragraph 6

20.To ensure the access of persons with disabilities to the physical environment, transportation, information and communication and other facilities and services open or provided to the public and, in particular, mechanisms to enforce compliance with accessibility standards by both public and private institutions, measures taken include:

The introduction of accessibility audit software

The training of several stakeholders in the accessibility of infrastructure for persons with disabilities

The gradual introduction of access ramps in public and private buildings.

Right to life (art. 10)

Reply to the question raised in paragraph 7

21.The following mechanisms are in place to prevent, record and investigate attacks on the lives of persons with disabilities, including persons with albinism:

The imposition of penalties, under articles 512-13 to 512-15, 513-13 and 513-14 of the Criminal Code, on anyone who commits an attack on the life of another, including by murder, assassination, infanticide, poisoning or voluntary termination of pregnancy

A complaints mechanism within the National Human Rights Commission

Outreach and counselling centres in the central and decentralized directorates of the ministry responsible for human rights

The continued availability of free health care for pregnant women and children under 5 years of age, including women and children with disabilities

The placement of children with disabilities in reception centres for children in need.

Situations of risk and humanitarian emergencies (art. 11)

Reply to the question raised in paragraph 8 (a)

22.To protect persons with disabilities in the context of localized communal violence, transnational crime, internal displacement and risk from explosive ordnance, and to ensure their access to humanitarian assistance and basic services, including health care, nutrition and education, measures taken include:

The signing of the Charter on Inclusion of Persons with Disabilities in Humanitarian Action on 31 August 2023

The introduction of a database on internally displaced persons that includes internally displaced persons with disabilities.

Reply to the question raised in paragraph 8 (b)

23.As part of a targeted, sustainable humanitarian emergency framework to ensure the protection of the rights of persons with disabilities on an equal basis with others, and specifically in the context of the public health emergency resulting from the COVID-19 pandemic, the following measures have been taken:

The organization of awareness-raising, outreach and advocacy campaigns for inclusive communication

The development of a road map serving as a strategy for the care of internally displaced persons and as a coordination tool for humanitarian action, endorsed on 14 June 2019 by the minister responsible for humanitarian action.

24.Furthermore, in June 2023, a national strategy for the recovery of internally displaced persons and host communities was adopted for the period 2023–2027. It encompasses the following measures, designed to make the humanitarian response inclusive and take account of the specific needs of persons with disabilities:

The provision of emergency shelters and essential household items for internally displaced persons and disaster victims, with priority given to internally displaced persons with disabilities

The strengthening of access to health care for internally displaced persons and host communities in areas of reception, return, integration and resettlement

The establishment of advance health posts at temporary reception sites for internally displaced persons

Efforts to combat gender-based violence against internally displaced women and girls, including those with disabilities

Improvements in access to water, hygiene and sanitation in areas for the reception, return, integration or resettlement of internally displaced persons, including the construction of adapted toilets and latrines for persons with disabilities at temporary reception sites

The prioritization of persons with disabilities during operations for the emergency distribution of humanitarian aid (including food, non-food items and protective equipment)

Monitoring of the mainstreaming of the rights of persons with disabilities in the humanitarian response.

Equal recognition before the law (art. 12)

Reply to the question raised in paragraph 9 (a)

25.The Personal and Family Code is currently being reviewed, and advocacy efforts are under way so as to take into account the issue of equal recognition before the law and remove the status of “incapable” from the Code.

Reply to the question raised in paragraph 9 (b)

26.The statistical yearbook of the Ministry of Justice does not contain data, disaggregated by type of impairment, sex, age and geographical location, on persons with disabilities under guardianship or wardship pursuant to article 552 (2) of the Personal and Family Code.

Access to justice (art. 13)

Reply to the question raised in paragraph 10 (a)

27.Persons with disabilities have access to court interpreters during legal proceedings. Indeed, according to article 261-34 of the Code of Criminal Procedure, “if the witness is deaf‑mute and illiterate, the investigating judge must appoint ex officio a sign language interpreter or, failing that, the person most accustomed to conversing with the witness … If the deaf‑mute person is literate, the clerk of the court must write down the questions or comments to put to him or her”.

28.Regarding age-appropriate procedural accommodations, these concern children in conflict with the law, including children with disabilities. Article 516-1 of the Code of Criminal Procedure stipulates that any minor in conflict with the law has the right to be assisted by a lawyer. If an offence has been committed, the minor can be assisted by either a lawyer or an authorized social worker. When a minor is placed or retained in police custody or detention, he or she must be held in special premises or facilities exclusively for children.

Reply to the question raised in paragraph 10 (b)

29.Every year, the directorate responsible for access to justice and assistance to litigants runs awareness-raising campaigns for women, including women with disabilities, on the importance of filing cases with the courts. These campaigns encourage them to turn to the courts in the event of a violation of their rights.

30.From 2018 to 2022, these awareness campaigns reached 1,750 women.

31.However, the statistics do not show the number of persons with disabilities or the budget allocated to these campaigns.

Reply to the question raised in paragraph 10 (c)

32.From 2018 to 2022, 2,642 people, of whom 831 were women, including indigent persons with disabilities, received support from the legal aid fund.

33.However, there are no data disaggregated by type of impairment, sex, age and geographical location.

Liberty and security of the person (art. 14)

Reply to the question raised in paragraph 11 (a)

34.For prisoners in general, there are services related to psychosocial and health care, pastoral care, support for social reintegration, vocational training and literacy. Action is being taken to ensure that these services take into account the specific needs of persons with disabilities.

Reply to the question raised in paragraph 11 (b)

35.Under article 269 of Act No. 010-2017/AN of 10 April 2017, the Prison System Act, detainees in a medically certified state of unsound mind cannot be held in a prison.

36.Article 108 of the Public Health Code provides that the hospitalization of persons with mental illnesses in institutions established for this purpose must be carried out in accordance with ethics, medical conditions and legal provisions protecting human rights.

37.As medical practice is based on mental health standards and protocols, restraint and seclusion and isolation are only used when necessary.

38.There are no disaggregated data from the past five years on the deprivation of liberty of persons with disabilities.

Reply to the question raised in paragraph 11 (c)

39.In practice, in facilities where persons with disabilities are deprived of their liberty, restraints and involuntary treatment are used only when necessary. The draft revised Public Health Code reinforces safeguards for patients by making their hospitalization subject to their own consent, to that of their legal representatives or to a legal or administrative order.

Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15)

Reply to the question raised in paragraph 12 (a)

40.Advocacy, awareness-raising, information and training activities are carried out with public health actors to end forced medical procedures and treatment, the use of chemical and mechanical restraints, seclusion and isolation and other forms of ill-treatment. Toll-free numbers (116, 1010, 16, 17, 18) have been set up for the reporting of such practices.

41.The Mental Health Strategic Plan 2020–2024 and its operational action plan have been adopted, taking these issues into account.

Reply to the question raised in paragraph 12 (b)

42.Under article 6 bis of Act No. 02-2021/AN of 30 March 2021, amending Act No. 01‑2016/AN establishing the National Human Rights Commission, the Commission serves as the national mechanism for the prevention of torture and related practices. Its responsibilities are to:

Prevent torture and related practices, taking into account the applicable standards at the national, regional, subregional and international levels

Inspect places of deprivation of liberty and their equipment and facilities, with unrestricted access

Regularly examine the situation of persons deprived of their liberty in places of detention, with a view to strengthening, if necessary, their protection against torture and related practices

Make recommendations to the competent authorities, with a view to improving the treatment and situation of persons deprived of their liberty

Submit proposals to the competent authority concerning relevant existing or draft legislation.

43.The Commission produces and publishes an annual report on the national mechanism for the prevention of torture and related practices.

44.The Commission has begun the process of reviewing the decree on its organization and functioning with a view to establishing a permanent subcommission that will assume the functions of the national preventive mechanism.

Reply to the question raised in paragraph 13

45.According to the 2020 statistical yearbook of the Ministry of Women’s Affairs, National Solidarity, the Family and Humanitarian Action, the number of errant persons (personnes errantes) with disabilities, in the years from 2016 to 2020, stood at 63, 102, 123, 111 and 158, respectively. The State, in cooperation with NGOs and associations working in the field of disability, takes measures to provide errant persons with assistance and protection.

Freedom from exploitation, violence and abuse (art. 16)

Reply to the question raised in paragraph 14 (a)

46.The Criminal Code of 2018 prohibits and punishes all forms of corporal punishment, exploitation, violence and abuse, including domestic violence, sexual violence, violence in schools and neglect, against persons with disabilities, in particular women and girls with disabilities, persons with disabilities living in street situations and errant persons with disabilities.

47.Besides laws and regulations, measures taken to combat the exploitation, violence and abuse experienced by people with disabilities, in particular women and girls with disabilities, consist mainly in awareness-raising, training and outreach activities aimed at stakeholders.

48.There are also general measures to combat gender-based violence, such as the establishment of a toll-free gender-based violence hotline (80 00 12 87) and the creation of counselling centres in Ouagadougou, Bobo and Tenkodogo to receive calls and reports of cases of violence. A national action plan to combat gender-based violence is being developed.

Reply to the question raised in paragraph 14 (b)

49.Under the Mental Health Strategic Plan 2020–2024, the Ministry of Health, through its Directorate for the Prevention and Control of Non-Communicable Diseases, coordinates the monitoring and evaluation of activities with the full participation of all relevant actors, including technical directorates, regional health directorates, NGOs and technical and financial partners.

50.Activities under the Strategic Plan are integrated with the action plans of the health districts on a yearly basis, and the implementation of activities under those plans is also subject to comprehensive monitoring.

Reply to the question raised in paragraph 14 (c)

51.There are data, disaggregated by sex, age and geographical location, on cases in which persons with disabilities have fallen victim to exploitation, violence and abuse, including sexual abuse.

52.According to a general report on the integrated supervision of reception centres and foster families for children in need, 42 children with disabilities, 9 of whom were girls, were identified as victims of violence and abuse in eight provinces (including Kossi, Comoé, Bam and Kadiogo).

Protecting the integrity of the person (art. 17)

Reply to the question raised in paragraph 15 (a)

53.Data collection tools do not allow for the identification of disability in the context of remedies sought for the protection of personal integrity. A review of the data collection framework will enable the collection of data disaggregated by type of impairment.

Reply to the question raised in paragraph 15 (b)

54.Professional associations of doctors, pharmacists, dental surgeons, midwives and nurses help to protect the integrity of persons with disabilities. In terms of tasks and competences, these bodies are governed by their respective internal regulations and codes of ethics.

55.In addition, under articles 513 and 514 of the Criminal Code, a doctor’s opinion is required in order to perform a voluntary termination of pregnancy. These provisions protect the survival of unborn children with presumed or actual disabilities.

Liberty of movement and nationality (art. 18)

Reply to the question raised in paragraph 16

56.Any child born in a primary or secondary health-care facility is automatically registered, without discrimination, by the health worker, who issues a certificate of live birth. This document entitles the bearer to obtain a full copy of the birth certificate and facilitates the issuance of extracts.

57.In 2021, with the aim of improving access to civil registry services for disadvantaged segments of society, the Directorate General for the Modernization of Civil Status organized a census of vulnerable persons, including persons with disabilities who did not have a birth certificate. Subsequently, it issued 8,866 birth certificates to 3,866 male and 5,000 female beneficiaries in the Centre-Est Region, including children (in the under-5 and 5-to-18 age brackets) and adults.

58.The rollout of subsidiary registration centres continues, with the establishment of 265 new centres.

Living independently and being included in the community (art. 19)

Reply to the question raised in paragraph 17 (a)

59.In respect of access to housing, there are no measures that discriminate against persons with disabilities. Article 1 of the Constitution and Act No. 034-2012/AN of 2 July 2012 on Agrarian and Land Reorganization guarantee equitable access to housing without discrimination of any kind.

60.In addition, specific measures have been taken to improve access to housing, such as a national programme to build 40,000 social and affordable housing units. This programme concerns people from all social strata, including women, vulnerable persons, persons with disabilities and middle-income earners. In addition, serviced plots are allocated through a lottery overseen by bailiffs in accordance with fair rules. Private operators, encouraged by public policies, also provide social housing without any form of discrimination.

Reply to the question raised in paragraph 17 (b)

61.To ensure that the stay of persons with disabilities in care facilities is of a temporary nature, the following measures have been taken:

The promotion of approved foster families (349 approved families)

The reception and care of persons with disabilities in foster families

Support for the participation of foster families in income-generating activities

Support for the renewal of family ties and return to the family

Public awareness-raising of the rights of persons with disabilities.

Personal mobility (art. 20)

Reply to the question raised in paragraph 18 (a)

62.Cost reductions and import tax exemptions on mobility aids are available for persons with disabilities who hold a disability card.

63.Article 19 of Act No. 012-2010/AN of 1 April 2010 on the Protection and Promotion of the Rights of Persons with Disabilities stipulates that motorized and non-motorized vehicles intended for the exclusive use of persons with disabilities are fully exempt from import taxes. This provision has not yet been fully implemented, as the implementing regulations of the Act are still in the process of being adopted.

64.Nevertheless, the Directorate General of Customs receives an average of four requests per year for exemption from import duties and taxes on means of transport for persons with disabilities.

65.The customs authority has granted 21 such exemptions in the last five years.

Reply to the question raised in paragraph 18 (b)

66.To ensure the accessibility of buildings and other infrastructure for persons with disabilities, article 34 of Act No. 017-2006/AN of 18 May 2000, the Town Planning and Construction Code Act, stipulates that the architectural plans of collective buildings for residential use, workplaces, facilities open to the public and education and public health premises must allow for their accessibility for persons with disabilities.

67.The Ministry of the Economy, Finance and Development adopted Order No. 2019‑016/MINEFID/CAB of 18 January 2019 on the State Real Estate Strategy 2019‑2023.

68.Within this framework, lifts and access ramps have been installed in some buildings. In the highways and transport sector, pedestrian crossings for persons with disabilities have been installed on some main roads.

69.In addition, an accessibility audit tool has been designed, which will be used for accessibility audits of public and private infrastructure.

Freedom of expression and opinion, and access to information (art. 21)

Reply to the question raised in paragraph 19

70.Several measures have been taken so that persons with hearing or visual impairments can overcome the obstacles and difficulties they face in relation to television programmes and videos. These include:

The training of four sign language interpreters to sign the news, other programmes and coverage of major events on Radiodiffusion Télévision du Burkina (RTB), the national radio and television company

The provision to visually impaired learners of Evo E10 devices for the recording and playback of digital audio files

The provision of audio description to assist persons with visual impairments who cannot follow visual content

The provision by RTB of accessible audiovisual materials

Training in sign language and Braille for students in higher vocational schools.

Respect for home and the family (art. 23)

Reply to the question raised in paragraph 20

71.The Personal and Family Code sets out the legal regime for the protection of incapable adults through guardianship and wardship. Guardianship (tutelle) is established over adults whose mental and physical faculties have been impaired by illness, infirmity or old age, which prevents them from freely expressing their will. Consequently, they need to be continuously represented in the acts of civil life (arts. 552 (2) and 641).

72.Article 646 of the Personal and Family Code states that guardianship is established only if the impairment of the person’s mental or physical faculties has been certified by a specialist physician appointed by the judge.

73.Wardship (curatelle) is established over adults who, by their profligacy, intemperance or idleness, are likely to fall into need or jeopardize their ability to fulfil their family obligations (arts. 552 (3) and 660). Such adults need to be assisted in certain acts of civil life.

74.There are some adults who, although mentally afflicted, retain full capacity to exercise their rights. This is the case with adults under judicial protection. The decision to place a person under judicial protection is a provisional measure lasting two months, renewable for six months, in accordance with article 635 (2) of the Personal and Family Code.

75.Guardianship and wardship cease with the causes that gave rise to them.

76.Based on this regime, article 243 of the Personal and Family Code states that an adult under guardianship may not contract marriage without the consent of a family council specially convened to deliberate on the matter. This consent is not required if both the father and the mother give their consent to the marriage. A person under wardship may not contract marriage without the consent of his or her guardian or, failing that, the consent of the wardship judge.

77.In addition, article 318 provides that adults under guardianship or wardship may not enter into marriage without being assisted, in the contract, by those who must give consent to the marriage. Articles 264 and 265 list the persons who can raise an objection to the marriage of adults under guardianship or wardship. Persons who are unable to express their will, on account of their incapacity or any other cause, cannot exercise parental authority and may be temporarily deprived of it (art. 518).

78.There are no statistics on the number of persons with disabilities whose rights regarding family life have been restricted.

79.A number of support services are offered to children with disabilities, including support classes, scholarships, grants and the provision of special equipment. Families also benefit from income-generating activities, allowing them to afford better care for children with disabilities.

Education (art. 24)

Reply to the question raised in paragraph 21 (a)

80.The national strategy on the development of inclusive education was adopted in 2018 and covered the period 2018–2022. Planned funding for the strategy stood at CFAF 14,140,574,250 for the period 2018–2020.

81.The strategy met with certain institutional difficulties that were not conducive to its effective implementation. However, several planned activities were carried out by partners.

82.Moreover, with the aim of ensuring the right to education in the context of the security and humanitarian crisis, in 2019 the Government adopted the National Strategy for Education in Emergency Situations 2019–2024, accompanied by a rolling three-year action plan for the period 2020–2022 and the establishment of a technical secretariat for education in emergency situations.

83.The first component of the strategy relates to access to education and a secure and protective learning environment for girls and boys in areas with serious security challenges.

84.In 2022, 215 additional classrooms were built and fitted out, 590 classroom buildings were completed, 93 classrooms were acquired on a rental basis and 60 separate latrine blocks were completed.

85.In addition, the Government has allocated subsidies for the benefit of displaced and vulnerable children and has organized awareness-raising campaigns in areas with serious security challenges to get out-of-school and unenrolled children into school.

86.Implementation of the strategy has also enabled the re-enrolment, as at 31 May 2023, of 277,521 internally displaced students in host schools and schools that were relocated and reopened. As at 30 October 2023, the authorities had enrolled 8,990 internally displaced students with disabilities.

Reply to the question raised in paragraph 21 (b)

87.Statistics on children with disabilities enrolled in inclusive education, as at 31 December 2022, are given in the table below.

Table 2

Children with disabilities

Level of education	Boys	Girls	Total
Preschool	1 089	661	1 750
Primary	31 385	21 427	52 812
Post-primary (secondary)	6 100	7 071	13 171
Total	38 574	29 159	67 733

88.Specialized education is the system of education in which children with the same type of impairment are provided with schooling in a separate learning environment, such as a specialized centre or institution.

89.In inclusive education, the school and the education system adapt to meet the individual educational needs of all learners, with and without disabilities. Adaptation takes place in terms of teaching methods, changes in attitudes and the physical accessibility of infrastructure. This gives all children the opportunity to receive education in a school close to their home.

Health (art. 25)

Reply to the question raised in paragraph 22 (a)

90.Persons with disabilities who hold a disability card in accordance with Decrees No. 2012-824 and No. 2012-828/PRES/PM/MASSN/MEF/MS/MENA/MESS benefit from free or reduced-cost health-care throughout the country.

91.In addition, all policies on free health care for children under 5 years of age and pregnant women, free family planning services and the free provision of antiretroviral drugs and labile blood products are implemented for all persons living in Burkina Faso and make no distinction of any kind, including on the basis of disability.

Reply to the question raised in paragraph 22 (b)

92.All sick persons, including persons with disabilities, who are due to undergo medical treatment or intervention, must express their consent freely by signing a consent form. If the patient is unable to express consent, a parent, guardian or close relative must do so.

Reply to the question raised in paragraph 22 (c)

93.To ensure the continuity of integrated essential health services in areas with serious security challenges, the Ministry of Health and Hygiene is implementing the project “Emergency primary health care, including clinical management of gender-based violence for internally displaced persons and host communities in the Sahel Region”. The aim of the project is to improve access to integrated emergency health care for all groups, including persons and children with disabilities.

94.In addition, mobile clinics have been set up to respond to the health-care needs of internally displaced persons.

95.Regular polio immunization campaigns are organized for all children up to the age of 59 months.

Habilitation and rehabilitation (art. 26)

Reply to the question raised in paragraph 23 (a)

96.Temporary reception centres have been set up for the care of errant persons identified as having psychosocial disabilities. A community-based rehabilitation plan has been drawn up, which provides for activities such as awareness-raising, sport and leisure, monitoring and referral.

Reply to the question raised in paragraph 23 (b)

97.The terms of reference for the establishment and operation of public and private rehabilitation centres envisage a mechanism for monitoring and preventing violations of the rights of persons with disabilities. Public-sector employees working in these facilities take an oath, while private-sector employees sign a code of conduct. Regular monitoring and follow-up are carried out to ensure compliance with the terms of reference.

Work and employment (art. 27)

Reply to the question raised in paragraph 24 (a)

98.There is no discrimination in employment in Burkina Faso. Article 4 of Act No. 028‑2008/AN of 13 May 2008, the Labour Code, prohibits all discrimination in respect of employment and occupation.

99.In the public sector, competitions designed to promote the inclusion of persons with disabilities are organized on a yearly basis. Between 2017 and 2023, 275 persons with disabilities were recruited into the civil service.

100.In the private sector, advocacy was undertaken to encourage companies to recruit and retain persons with disabilities.

Reply to the question raised in paragraph 24 (b)

101.Persons with disabilities can take part in civil service competitions in the same way as persons without disabilities, in accordance with the Act on the Protection and Promotion of the Rights of Persons with Disabilities.

102.Special competitions for persons with disabilities are organized on an annual basis in order to boost their employment.

103.Other measures taken include:

The provision of training grants to persons with disabilities

The application of quotas for persons with disabilities in certain training and employment projects and activities

The adoption of special provisions in relation to funds for persons with disabilities

The invitation of persons with disabilities to participate in the drafting of strategic documents on issues relating to training and employment.

104.In terms of financial support, notable measures included:

The allocation of credit at a rate of 1 per cent

The provision of start-up kits

Entrepreneurship training and financial education.

Reply to the question raised in paragraph 24 (c)

105.Persons with disabilities work in sheltered workshops run mainly by organizations of persons with disabilities with government support, including:

The Centre national des personnes handicapées moteur (National centre for persons with motor disabilities)

The Association Manegré Nooma pour la protection des orphelins (Manegré Nooma association for the protection of orphans)

Sheltered workshops are also organized by vocational training centres, including:

The Integrated Education and Training Centre for Deaf and Hearing Persons

Ziniaré Vocational Training Centre (a workshop for two learners with physical disabilities). During the 2022/23 school year, an estimated 16 learners with disabilities were enrolled in vocational and technical training schools.

Reply to the question raised in paragraph 24 (d)

106.The 2020 evaluation report of the first National Economic and Social Development Plan revealed that half of persons with disabilities benefited from measures for the promotion and protection of their rights.

107.Regarding special recruitment, 275 persons with disabilities were recruited into the civil service during the period 2017–2023.

108.In addition, 5,883 persons with disabilities benefited from CFAF 1,030,600,000 in funding for income-generating activities and 100 young persons with disabilities were placed in vocational training.

Reply to the question raised in paragraph 24 (e)

109.The needs assessment criteria used by the National Employment Agency are based on jobseeker cards, which specify characteristics such as the holder’s age, professional qualifications and level of education. Candidates are selected by lottery, possibly followed by a written and/or oral test.

Adequate standard of living and social protection (art. 28)

Reply to the question raised in paragraph 25 (a)

110.In Burkina Faso, 9,699 persons with disabilities are currently in possession of a disability card.

111.Any person with a disability can obtain a disability card by submitting a file containing the following documents:

A handwritten application bearing a CFAF 200 revenue stamp addressed to the minister responsible for solidarity through the official channels

A medical certificate duly issued by a physician

Two passport photographs

A legalized photocopy of a national identity card or birth certificate.

112.The services provided under articles 4 and 44 of the Act on the Protection and Promotion of the Rights of Persons with Disabilities include:

Consultations, care, medical examinations and hospitalization in public health facilities at a reduced cost

Free treatment and additional examinations for indigent persons with disabilities

Priority enrolment in preschool, primary and secondary education.

Reply to the question raised in paragraph 25 (b)

113.The National Social Protection Policy 2013–2022 was brought to fruition and had an impact on target groups, including persons with disabilities.

114.Regarding the social safety net, the Project to Strengthen Social Protection was implemented to ensure food security and protect the poorest and most vulnerable households from shocks. The project reached 14,000 people, including persons with disabilities. It was renewed for the period 2021–2024 with a budget of CFAF 63 billion and the aim of improving the living conditions of vulnerable persons, including persons with disabilities.

Reply to the question raised in paragraph 25 (c)

115.The National Water Policy, in accordance with the principles of equity and subsidiarity, has brought about substantial improvements in meeting the basic needs of the population, including persons with disabilities, in terms of food security and access to drinking water, hygiene and sanitation.

Reply to the question raised in paragraph 25 (d)

116.Social workers sit on plot allocation committees, thus ensuring that vulnerable persons, including persons with disabilities, are taken into account.

117.Steps are being taken to involve social workers more closely in the technical bodies responsible for social housing programmes, so as to ensure that persons with disabilities can benefit from them.

Participation in political and public life (art. 29)

Reply to the question raised in paragraph 26 (a)

118.Burkina Faso does not have statistics on the number of persons with disabilities considered “incapable” and excluded from the right to be elected and to vote.

Reply to the question raised in paragraph 26 (b)

119.The following measures have been taken to guarantee the accessibility of elections and referendums:

The development of a guide for the effective participation of persons with disabilities in elections

Advocacy with the Independent National Electoral Commission and political parties to ensure that persons with disabilities are taken into account during election campaigns.

120.Persons with disabilities effectively participated in the most recent presidential and legislative elections, held in 2020, and the municipal elections held in 2021.

Reply to the question raised in paragraph 26 (c)

121.The process of conducting statistical surveys on the basis of the indicators mentioned in paragraph 159 of the initial report is still ongoing, with 199 indicators validated by all stakeholders in 2023. The relevant data will be available for the next elections.

Participation in cultural life, recreation, leisure and sport (art. 30)

Reply to the question raised in paragraph 27 (a)

122.To promote sport for persons with disabilities, the Fédération burkinabé de sports pour personnes handicapées (Burkina Faso federation of sport for persons with disabilities) organized a national sports championship.

123.However, the organization does not comply with the standards required by the Fédération Internationale de Football Association, including on the establishment of the National Paralympic Committee to encourage the practice of sport by different categories of persons with disabilities, and the budgets allocated are insufficient.

124.Persons with disabilities take part in regional and international sporting events such as the Special Olympics World Games for children with intellectual disabilities.

Reply to the question raised in paragraph 27 (b)

125.Burkina Faso ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled on 3 October 2027.

126.The Government, in cooperation with organizations of persons with disabilities, has produced a guide to the Marrakesh Treaty and accessible information and communications technologies in Burkina Faso, in order to promote greater ownership of the Treaty.

127.As a member of the International Council for Education of People with Visual Impairment, Burkina Faso seeks to facilitate the access of visually impaired persons to printed materials and published works and to bring the benefits of the Marrakesh Treaty to French-speaking Africa.

III.Specific obligations (arts. 31–33)

Statistics and data collection (art. 31)

Reply to the question raised in paragraph 28 (a)

128.Disability-related questions included in censuses and surveys are based on the Washington Group short set of questions on functioning and cover the six domains of human functionality: seeing, hearing, walking, cognition, communication and self-care.

129.Respondents express their perceived level of functional impairment in each domain, choosing from four possible levels of difficulty.

130.Heads of household are allowed to respond to these questions on behalf of family members aged 2 or older in the event of their absence or incapacity.

131.Since 2019, the Washington Group short set of questions on functioning has been increasingly favoured in data collection. To ensure that censuses are inclusive, training has been organized with key actors from the National Institute of Statistics and Demography. The table below gives an overview of activities in the area of surveys and censuses.

Activity	Date	Disability-related information requested	Tool used
Studies and surveys conducted by the State
General population and housing census	2019	Type of disability	Washington Group short set of questions on functioning (six questions)
Harmonized survey on household living conditions	2018	Type of disability	Washington Group short set of questions on functioning (six questions)
Harmonized survey on household living conditions	2020–2021	Type of disability	Washington Group short set of questions on functioning (six questions)
Planned studies and surveys
General population and housing census	2029	Type of disability	Washington Group short set of questions on functioning (six questions)

Reply to the question raised in paragraph 28 (b)

132.All ministries collect, process and disseminate data in their area of competence through their directorates general for research and sectoral statistics. Civil society organizations, including organizations of persons with disabilities working in the field, report to the ministry that oversees their area of activity.

133.In addition to these directorates, the permanent secretariat of the National Multisectoral Council for the Protection and Promotion of the Rights of Persons with Disabilities collects and disseminates data on disability that can be used in the preparation of policy documents. Awareness-raising, advocacy and training activities on disability-sensitive planning and budgeting have been organized to enable various stakeholders to collect data on disability and implement inclusive policies.

134.Indicators related to implementation of the Convention, the Sustainable Development Goals and the National Strategy for the Protection and Advancement of Persons with Disabilities have been harmonized and validated. They are in the process of being distributed to the directorates general for research and sectoral statistics, technical and financial partners and organizations of persons with disabilities so that they can be integrated with various databases and used for systematic data collection.

Reply to the question raised in paragraph 28 (c)

135.Relevant information is contained in the following databases:

The database of the ministry responsible for disability

136.This includes:

A data management system for persons with disabilities (disability cards)

The data collection system of social services, which, in addition to different types of data, includes collection tools, manuals and guides.

137.According to the 2019 general population and housing census, there are 184,975 people with disabilities, including 93,747 women. The disability prevalence rate stands at 1.1 per cent.

138.The following thematic studies have been carried out:

A diagnostic study on the employability of persons with disabilities, in 2020

A study on the accessibility of schools for students with disabilities, in 2022

A study to identify communities and schools in the framework of a 2023 project to improve education for children with disabilities.

The databases of the National Institute of Statistics and Demography

139.These databases contain information on persons with disabilities collected using the Washington Group short set of questions on functioning. They include:

The database of the 2019 general population and housing census

The database of the 2018 harmonized survey on household living conditions

The database of the 2020–2021 harmonized survey on household living conditions.

140.Through these databases, the Government has access to information on the distribution of persons with disabilities by sociodemographic and socioeconomic characteristics.

141.A number of analysis reports, drawn up on the basis of the collected data, have addressed the subject of disability:

The results of the fifth general population and housing census (vol. 2, chap. 13, on the socioeconomic situation of persons with disabilities)

https://burkinafaso.opendataforafrica.org/lnyxxee/situation-socio-%C3%A9conomique-des-personnes-handicap%C3%A9es

https://burkinafaso.opendataforafrica.org/bbiuprb/indicateurs-du-5e-rgph-2019

https://www.insd.bf/sites/default/files/2023-08/INSD_Rapport_SYNTHESE%20DES%20RESULTATS%20DEFINITIFS_1.pdf

13 regional monographs and 2 communal monographs

The general report of the 2019 harmonized survey on household living conditions (chap. 5, on general health)

https://www.insd.bf/sites/default/files/2022-05/EHCVM_2018_Rapport%20general.pdf

International cooperation (art. 32)

Reply to the question raised in paragraph 29

142.By virtue of article 36 of the Constitution, the Head of State sets the broad outlines of State policy, including foreign policy.

143.Foreign policy decisions are taken by the Head of State and the executive branch after consultation with all stakeholders, including organizations of persons with disabilities.

144.Organizations of persons with disabilities have access to international cooperation funds through the Directorate General of Cooperation, which is the institution that manages economic, technical and financial cooperation with all technical and financial partners and NGOs.

145.At present, the ministry responsible for economic affairs is not taking any steps to facilitate access to international cooperation funds for persons with disabilities.

146.However, projects and programmes funded by technical and financial partners, especially United Nations agencies, systematically apply the “leave no one behind” principle.

National implementation and monitoring (art. 33)

Reply to the question raised in paragraph 30 (a)

147.The National Multisectoral Council for the Protection and Promotion of the Rights of Persons with Disabilities carries out the following main activities:

Advocacy for the inclusion of persons with disabilities

Training for organizations of persons with disabilities and other stakeholders

Monitoring of implementation of the Convention and other laws related to disability

Coordination of all measures to protect and promote the rights of persons with disabilities.

148.Every year, the Government allocates about CFAF 30 million to the Council so that it can carry out these activities and its other functions.

149.The roles of the regional representatives who sit on the Council are as follows:

Governors represent the State and preside over the Council’s activities at the regional level

Regional directors, representing the president of the Council, coordinate all of the Council’s activities at the regional level

Regional coordinating bodies of organizations of persons with disabilities sensitize and educate their members about the rights of persons with disabilities.

Reply to the question raised in paragraph 30 (b)

150.Under Decree No. 2012-406/PRES/PM/MASSN/MEF/MS on its establishment, powers, composition and operation, the National Multisectoral Council is the lead agency for the protection and promotion of the rights of persons with disabilities. Accordingly, it is the mechanism responsible for promoting, protecting and monitoring implementation of the Convention.

151.In addition, Burkina Faso has established, as a permanent national reporting and follow-up mechanism, a multisectoral committee for monitoring the implementation of recommendations received during the universal periodic review. Order No. 2012‑1743/MDHPC/MAECR/MEF of 19 December 2012 on the establishment of this committee is being reviewed so that its mandate may be expanded to include reporting to the treaty bodies, responding to special procedures’ questionnaires and responding to communications and complaints.

152.The national institution for the protection and promotion of human rights in Burkina Faso is the National Human Rights Commission established by Act No. 001-2016/AN of 23 March 2016. It is responsible for receiving and investigating all individual or collective complaints containing allegations of human rights violations.