Human Rights Watch (HRW) on Wednesday condemned Burkina Faso military authorities’ use of emergency law to unlawfully conscript magistrates who have opened legal proceedings against junta supporters.
HRW has condemned the military’s actions as a blatant violation of the independence of the judiciary, saying “the authorities should immediately revoke these bogus conscription notices.” The organization alleges the move is a deliberate attempt to intimidate and silence the judiciary, undermining the country’s rule of law.
According to HRW, between August 9 and 12, at least seven magistrates, including four prosecutors, two deputy prosecutors, and an investigative judge, were notified of their forced conscription for military operations in the volatile Sanmatenga province from August 14 to November 13. HRW asserts that the magistrates were selected due to their involvement in legal cases that could undermine the junta’s legitimacy.
The magistrates have expressed deep concerns about the dangers of participating in frontline operations against armed groups. They fear for their safety in the volatile security environment and argue that their forced conscription would hinder their ability to carry out their judicial duties impartially, a pillar of the separation of powers and therefore of the rule of law.
The Burkinabè government justifies the forced conscription of magistrates under the “general mobilization” decree enacted in April 2023. This decree aims to reclaim territory lost to Islamist insurgents and provides the government with broad powers to combat the insurgency, including the ability to requisition resources and restrict civil liberties. However, HRW contends that these measures are now being misused to target magistrates who have pursued legal proceedings against junta supporters.
Since the military seized power in Burkina Faso in January 2022, with Ibrahim Traore as transitional president, Burkina Faso has been grappling with a surge in violence perpetrated by Islamist armed groups. In response, the government enacted emergency measures to bolster the military’s capabilities. In addition, the transitional legislative body announced in its newly amended transition Charter in May 2024 the extension of the transition period by five years following an alarming pattern in West Africa where military forces have overthrown democratically-elected governments.
UN High Commissioner for Human Rights Volker Türk expressed his concerns about Burkina Faso’s current situation on May 31, 2024:
While armed groups are presumed responsible for the vast majority of incidents and victims and should be held accountable, I am also deeply disturbed that security and defence forces and their auxiliaries, the Volontaires pour la défense de la [P]atrie, allegedly carried out wanton killings, including summary executions.
