Burkina: general mobilization and state of emergency, exceptional measures that worry

Ouagadougou city center, January 23, 2022 (Illustration image) AFP - OLYMPIA DE MAISMONT

Text by: RFI Follow

2 min

Burkina Faso is stepping up its response to the terrorist threat. On Friday evening, at the request of the President of the Transition, the Constitutional Council published a notice of "general mobilization and warning". At the same time, the Council of Ministers decided to declare a state of emergency in eight regions of the country, starting on 30 March.

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According to the government, this decision strengthens the legal means to fight terrorism.

Twenty-two Burkinabe provinces are affected by the state of emergency. Among them are Soum, Tapoa, Namentenga, Bam and Sanmatenga. That's almost half of the country's provinces.

According to the 2019 law, the state of emergency allows "administrative authorities to take exceptional security measures that may infringe the rights and freedoms of individuals."

For example, the Ministers of Security and Territorial Administration may requisition persons or property, prohibit the movement of persons or vehicles, entrust the army with law enforcement tasks, dissolve or suspend groups and associations, or control media content and ban publications.

However, the state of emergency is limited to 30 days. The Transitional Legislative Assembly may prorogue it upon referral from the Government.

The opinion of the Constitutional Council on the general mobilization, for its part, authorizes the Head of State to take similar measures, but throughout the Burkinabe territory.

A presidential decree is to be issued in the coming days to specify "these exceptional measures".

Restriction of civil liberties

This legal paraphernalia worries a part of civil society that fears a restriction of civil liberties.

It is an ambiguous decision that does not give clear directions. " said one human rights defender about the state of emergency. He fears that civil liberties will be unduly curtailed, while they have already been abused, since the arrival of the junta a few months ago.

With regard to the general mobilization, "these exceptional measures must be part of the rule of law," recalls Abdoulaye Soma, a constitutional lawyer, "However, the Constitution guarantees fundamental rights."

All decrees issued by the President of the Transition will thus have to be submitted to the consultation of the Constitutional Council, the ultimate guarantor of fundamental freedoms, "but very few actors can refer the matter to the Council of Elders," concedes Abdoulaye Soma. In this case, only the President of the Transitional Legislative Assembly (ALT) has the possibility. It is also the ALT that will consider the extension of the state of emergency limited to 30 days.

These measures come a few days after the visit of Captain Ibrahim Traoré to Kaya, in the Centre-North of the country. The head of the Transition gave a very vigorous speech to those who, in his eyes, do not support the fight against terrorism.

(Kaya, March 22, 2023). The President of the Transition, Head of State, Captain Ibrahim TRAORE made this Wednesday a stay of 48 hours in #Kaya, capital of the Centre-North region.#Com_Gouv_BF#SIGBurkina #BurkinaFaso pic.twitter.com/C3OyGfpM8E

Burkina: general mobilization and state of emergency, exceptional measures that worry

Burkina: general mobilization and state of emergency, exceptional measures that worry

Restriction of civil liberties

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