Committee on the Elimination of Racial Discrimination

Eighty-third session

12–30 August 2013

Item 4 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes to be taken up in connection with the consideration of the twelfth to nineteenth periodic reports of Burkina Faso (CERD/C/BFA/12-19)

Note by the Country Rapporteur *

Summary

The Committee on the Elimination of Racial Discrimination at its seventy-sixth session decided (A/65/18, para. 85) that the Country Rapporteur will send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. The following is a list of themes in connection with the consideration of the above-mentioned periodic reports. It does not require written replies. This is not an exhaustive list as other issues will be raised in the course of the dialogue.

1.Statistics on the ethnic make-up of the population and socioeconomic indicators

There are no data on the enjoyment of economic, social and cultural rights by the different sections of the State party’s population. There are no data on the representation of the different ethnic groups at the different levels of public life (CERD/C/304/Add.41, paras. 12 and 14; CERD/C/BFA/12-19, para. 132).

2.Legal and institutional framework, policies and programmes to ensure the implementation of the Convention (arts. 1, 2, 4, 6 and 7)

(a)No complaints have been filed regarding racial discrimination or decisions handed down by the national courts and tribunals or by other bodies (CERD/C/BFA/12-19, paras. 56 and 104);

(b)The National Human Rights Commission does not fully conform to the Paris Principles. The role of the Commission in promoting and protecting the rights set forth in the Convention, including the right of victims of racial discrimination to just and adequate reparation (HRI/CORE/BFA/2012, paras. 109 to 111);

(c)The role of the Ombudsman in protecting the rights covered by the Convention, including the right of victims of racial discrimination to remedy and to reparation (HRI/CORE/BFA/2012, paras. 99 to 102);

(d)Measures designed to facilitate access to the judicial and non-judicial remedies provided for by legislation on racial discrimination (CERD/C/BFA/12-19, paras. 102 to 104);

(e)The effectiveness of the measures taken to ensure the teaching of human rights in schools and in teacher training (CERD/C/BFA/12-19, paras. 113 and 114). Measures taken to promote the national languages (CERD/C/304/Add.41, para. 16). The impact on racial discrimination of the measures taken to promote multicultural and multi-ethnic understanding together with cultural diversity and mutual knowledge (CERD/C/BFA/12-19, paras. 118 to 122);

(f)Lasting solutions to the sporadic ethnic conflicts between farmers and herders and the impact of the measures taken to avert their resurgence (CERD/C/BFA/12-19, paras. 47 to 49).

3.Economic, social and cultural rights of ethnic groups (art. 5)

Measures taken to facilitate in practical terms the promotion of the cultural life of non-nationals in general as well as within the framework of the cultural policy introduced in 2005 (CERD/C/BFA/12-19, paras. 99 and 100).

4.The situation of non-nationals, in particular migrants, refugees and asylum seekers (arts. 5 and 6)

(a)Data on integration and on non-discrimination in practice with regard to non-nationals (migrants and refugees) and to returnees; promotion of their socioeconomic and cultural rights (CERD/C/BFA/12-19, paras. 70 to 101, A/HRC/WG.6/16/BFA/2 and Corr.1, paras. 73 to 76);

(b)Measures designed to strengthen the framework of protection for refugees. The vulnerability and marginalization of refugee women and girls (A/HRC/WG.6/16/BFA/2 and Corr.1, paras. 73 and 76);

(c)Additional information on the measures taken to avert conflicts between refugees, returnees and the local populations and the impact of those measures in promoting understanding between those communities (A/HRC/WG.6/16/BFA/2 and Corr.1, para. 75).