CAT/C/BFA/CO/1
(d)
The Convention on the Rights of Persons with Disabilities and its Optional
Protocol, 23 July 2009;
(e)
The International Convention for the Protection of All Persons from Enforced
Disappearance, 3 December 2009;
(f)
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, 7 July 2010;
(g)
The Rome Statute of the International Criminal Court, 16 April 2004;
(h)
The United Nations Convention against Transnational Organized Crime and
the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention against Transnational
Organized Crime, 15 May 2002.
5.
The Committee appreciates the efforts that the State party has made to review its
legislation in the areas related to the Convention, in particular its adoption of:
(a)
(2008);
(b)
Act No. 029-2008/AN on combating human trafficking and related practices,
Act No. 042-2008/AN on the status of refugees in Burkina Faso (2008);
(c)
Act No. 062-2009/AN on the establishment of the National Human Rights
Commission (2009), amended in 2010 by Act No. 039-2010/AN.
6.
The Committee also welcomes the steps taken by the State party to change its
policies, programmes and administrative procedures to give effect to the Convention, in
particular:
(a)
The establishment of the National Committee to Combat the Practice of
Excision and the adoption of the National Action Plan 2008–2012, entitled “Zero tolerance
for female genital mutilation”;
(b)
The adoption of the National Action Plan to Combat the Worst Forms of
Child Labour, in June 2012;
(c)
The adoption of the National Action Plan for Human Rights and the
Promotion of Civic Values 2012–2022.
7.
The Committee furthermore welcomes the cooperation that the State party has
extended to the special procedures of the Human Rights Council, particularly the Special
Rapporteur on the human rights of migrants and the Special Rapporteur on the promotion
and protection of human rights and fundamental freedoms while countering terrorism,
during visits to Burkina Faso. The Committee encourages the State party to invite the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment to visit the country.
C.
Main subjects of concern and recommendations
Definition and classification of torture as an offence
8.
While the Committee takes note of the information provided by the State party
concerning the draft bill on the definition, prevention and punishment of the offence of
torture and related practices, it is concerned by the fact that, 14 years after acceding to the
Convention, the State party has yet to define or to classify torture as a separate offence in
its legislation. The Committee is concerned by the fact that acts of torture carry the
penalties prescribed, among other things, for malicious wounding, assault and battery or
causing bodily harm or injury, which suggests that the penalties do not take into account the
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