Burkina Faso

Renamed in 1984 to Burkina Faso (“land of the upright/honest people”), the country gained independence from France in 1960. It is completely landlocked, surrounded by Mali and Niger to the North and Ghana and Cote d’Ivoire to the south. President Blaise Compaoré ruled the country from 1987 and was ousted in October 2014 by a popular youth protest movement.

In 2022, Burkina Faso experienced two military coups (in January and in September). Restrictions on civil society space, widespread impunity for human rights violations and a severe humanitarian crisis have followed, and secular state schools have been made the target of terrorist violence.[ref]https://news.un.org/en/story/2022/10/1129342; https://news.un.org/en/story/2023/01/1132257; https://www.article19.org/resources/burkina-faso-respect-for-human-rights-must-be-at-the-heart-of-negotiations/[/ref]

The population is predominantly Muslim with a large Christian minority. At the time of a 2006 census, around 60.5% of the population was Muslim, 23.2% Christian, 15.3% followed indigenous beliefs, and the remaining 1% reported having no religion.[ref]https://worldpopulationreview.com/countries/burkina-faso-population[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Free and Equal

Constitution and government

Burkina Faso is a “unitary and secular state” (Article 31 of the Constitution)[ref]https://faolex.fao.org/docs/pdf/bkf128139E.pdf[/ref] and its constitution and other laws and policies protect freedom of thought, conscience and religion. There is no state religion.

Article 7 of the Constitution guarantees “freedom of belief” as well as the freedom “of non-belief, of conscience, of religious opinion, [of] philosophy, of exercise of belief.” It states that freedom of belief is subject to respect for the law, public morals and the ‘human person.’

Political parties based on religion or ethnicity are banned (Article 13). However, the government does provide subsidies for the four main religious groups (Muslim, Catholic, Protestant, and traditional/animist), including subsidies for travel costs for Muslim Hajj pilgrims.[ref]https://www.crisisgroup.org/africa/west-africa/burkina-faso/burkina-faso-preserving-religious-balance[/ref] There is no indication that any non-religious or humanist groups would be eligible to receive similar subsidies.

Education and children’s rights

Article 27 of the Constitution states that “public education is secular,”[ref]https://faolex.fao.org/docs/pdf/bkf128139E.pdf[/ref] and there is no religious instruction in public schools.

However, there are a number of private schools operated by Muslim, Catholic, and Protestant groups, which include primary and secondary education institutions, as well as some schools of tertiary learning. These schools are inspected to ensure they teach the standard national curriculum, however they are also permitted to conduct extracurricular religious instruction. The majority of Quranic schools are not registered and thus their curricula are not reviewed according to national standards.[ref]https://www.state.gov/reports/2021-report-on-international-religious-freedom/burkina-faso/[/ref]

The Government does not fund religious schools or require them to pay taxes unless they conduct for-profit activities. However, it does provide subsidies to a number of Catholic schools as part of an agreement allowing students from public schools to enroll in Catholic schools when public schools are at full capacity. The government also provides subsidies to registered Catholic, Protestant, and Muslim schools for teacher salaries.[ref]https://www.state.gov/reports/2021-report-on-international-religious-freedom/burkina-faso/[/ref]

Since January 2016, Burkina Faso has experienced an increasing number of terrorist attacks by religious extremists allied with Al Qaeda or the Islamic State, who have specifically sought to target teachers, students, and schools. They justified their attacks by citing their opposition to “French” (i.e., secular) education, insisting that children should study only Arabic and the Quran, or not study at all.[ref]https://www.hrw.org/report/2020/05/26/their-war-against-education/armed-group-attacks-teachers-students-and-schools[/ref]

Family, community and society

The Catholic Church reportedly retains an influential presence in social and political life. Catholic schools serve as Burkina Faso’s training and recruitment ground for the national administrative elite. Historically, in contrast, Muslims tend to be more marginalized in terms of access to the State and political institutions.[ref]https://csis-website-prod.s3.amazonaws.com/s3fs-public/publication/Elishcer.%20Burkina%20Faso.%20Faith%20in%20Balance_1.pdf[/ref]

In 2017, the government tried to pass a draft bill to enforce greater public secularism through regulating religious practices in public spaces. Amongst other provisions, the draft law sought to ensure that prayer services could only occur within buildings designated for prayer and with prior authorization by the state. It further included provisions banning the building of religious structures on public grounds, ostentatious displays of religious symbols in public, and public school officials from discussing their religious preferences.[ref]https://csis-website-prod.s3.amazonaws.com/s3fs-public/publication/Elishcer.%20Burkina%20Faso.%20Faith%20in%20Balance_1.pdf[/ref] The government withdrew the bill after representatives of the country’s Islamic community, the Fédération des Associations Islamiques du Burkina (FAIB), expressed opposition to the draft law.[ref]https://www.la-croix.com/Urbi-et-Orbi/Actualite/Monde/Le-gouvernement-Burkina-Faso-retire-projet-controverse-libertes-religieuses-2017-01-12-1200816717; https://lefaso.net/spip.php?article75098[/ref]

It is unclear how those expressing atheism socially are likely to be treated, but we have recorded no reports of direct abuse.

There is a civil law system in which Sharia codes play no part.[ref]https://sunulex.africa/en/theburkinabelegalsystem/[/ref]

There is no law against homosexuality or same-sex relations, and never has been.[ref]https://www.upr-info.org/sites/default/files/documents/2018-04/ishr_upr30_bfa_e_main.pdf[/ref]

Belief in witchcraft is prevalent in the country, which also suffers from high levels of illiteracy. There have been reports of elderly women accused of being “soul eaters” being targeted with acts of violence. There are several rehabilitation centers in the country to host victims of witchcraft accusations.[ref]https://lefaso.net/spip.php?article119961; https://www.awid.org/news-and-analysis/witchcraft-accusations-perpetuate-womens-oppression-sub-saharan-africa#:~:text=In%20Burkina%20Faso%2C%20the%20Ministry,support%20to%20victims%20of%20exclusion.[/ref]

Freedom of expression, advocacy of humanist values

Prior to the military takeover, a strong and independent media operated in Burkina Faso. However, the recent political instability has resulted in restrictions on freedom of expression and civil society freedoms in general. The military government has used the excuse of combating terrorism to suspend media outlets and public protest. Activists have been arrested and charged with the crime of “insulting the head of state” for criticism of the military government.[ref]https://rsf.org/en/country/burkina-faso; https://www.mfwa.org/issues-in-focus/burkina-faso-media-organisations-decries-authoritarian-tendencies-of-the-new-junta/; https://www.mfwa.org/country-highlights/burkina-faso-court-sentences-activist-for-insulting-head-of-state/[/ref]