ObjectivesFund scope
The security situation in Burkina Faso has rapidly deteriorated since the first terrorist attack in 2015. Besides a spectacular increase in violence, there has been a significant rise in attacks targeting civilian populations, community leaders, teachers, and public administrators, assassinations, and kidnappings. In 2019, the number of victims and survivors rose from 80 in 2016 to over 1,800—primarily because of activities carried out by armed groups. By the end of 2020, the United Nations in Burkina Faso estimated 925 civilians were killed in the first five months of the year, with many of these deaths linked to terrorism.
A crisis of confidence plagues the fight against terrorism, which has weakened social cohesion in local communities. In response, the government adopted a law that established the Volunteers for the Defense of the Fatherland, under the supervision of the Ministry of Defense, to act as an auxiliary military force. While the general population seems to have welcomed this initiative, some opposition leaders and international observers fear the law will exacerbate inter-community violence, facilitate abuses, and further undermine the legitimate authority of the state. The middle ground is the Joint Programme for Burkina Faso, where stakeholders work to strengthen national partner capacity in managing cases of detainees suspected of terrorist offences.
With the judicial treatment of detainees plagued by challenges that include a lack of human and financial resources, poor communication across legal actors, and ineffective use of modern investigation techniques, the programme addresses the poor capacities of investigation offices to gather evidence for cases, long timelines of pre-trial detention, and stagnant operations. Stakeholders also apply solutions for those charged with being connected to a terrorist act where criminal procedure codes do not specify a maximum period of pre-trial detention. Programme initiatives are context-driven and integrative when addressing adjacent issues embedded in larger challenges, such as improving procedural process speed and quality, which speaks to the resentment many communities feel in the face of unjust practices and a waning confidence in the judiciary.
Theory of change
Authorities in Burkina Faso currently lack resources, legal frameworks, relevant tools and capacities to manage and process detainee files—a problem as indefinite (pre-trial) detention is a serious human rights violation that exacerbates grievances in affected communities. The joint programme is therefore based on the following assumption: If the capacity of Burkinabe authorities are improved to better investigate, process and prosecute terrorism-related cases under international human rights law and standards, then human rights will be better respected and protected, and the caseload of 1,000+ detainees suspected of terrorism will be reduced, demonstrating a strong state commitment to due process, accountability and rule of law. The programme has four pillars:
- Specialized judicial center organizes secure and transparent hearings in accordance with procedures and with respect for human rights.
- Partners of the Specialized Judicial Center for the fight against terrorism, prison authorities, and other organizations, receive technical and organizational support on legal framework advancement that boost their rule of law capacities.
- Stakeholders access the mechanisms and tools to prevent violent extremism and promote social cohesion in the communities of detainees.
- Strengthen communication, civil control, and institutional oversight in file processing when related to terrorist offenses.
A flexible programmatic approach improves coordination amongst partners and leverages successful practices or entry points with existing or planned initiatives in the Burkina Faso justice sector and rule of law. The programme receives advisory support from a dedicated human rights and gender team on cross-cutting advice for government and other UN entity stakeholders on adopting comprehensive approaches. Human rights considerations, protection needs, and gender analyses are integrated into each activity under all pillars.