Human Rights Watch (HRW) has condemned Burkina Faso’s military authorities for their use of emergency laws to unlawfully conscript magistrates who have pursued legal actions against supporters of the junta. According to HRW, this move is a clear violation of the independence of the judiciary and constitutes an attempt to intimidate and silence judicial officials, thereby undermining the rule of law in the country. The organization urges the authorities to immediately revoke these conscription notices (HRW).
Between August 9 and 12, at least seven magistrates, including prosecutors and an investigative judge, were informed of their conscription for military duties in Sanmatenga province from August 14 to November 13. HRW claims that these magistrates were selected due to their roles in legal cases that could threaten the junta’s legitimacy.
The conscripted magistrates have expressed significant safety concerns, given the volatile security situation in the region and the potential impact on their capability to perform their judicial duties. They argue that forced conscription undermines their impartiality, a key component of the separation of powers and the rule of law.
The Burkinabè government defends the forced conscription under a general mobilization decree issued in April 2023, aimed at reclaiming territory from Islamist insurgents. This decree grants the government extensive powers, including the requisition of resources and restriction of civil liberties. HRW, however, argues that these measures are being misused to target magistrates involved in sensitive legal proceedings.
Since the military took over in January 2022 with Ibrahim Traore as the transitional president, Burkina Faso has faced increased attacks from Islamist armed groups. In response, the government has adopted emergency measures to bolster military capabilities. The transitional legislative body further extended the transition period by five years in May 2024 (JURIST), reflecting a concerning trend in West Africa where military coups are destabilizing democratically elected governments.
UN High Commissioner for Human Rights Volker Türk has voiced his concerns over the escalating violence and alleged human rights abuses in Burkina Faso (OHCHR). He stated, “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 defense forces and their auxiliaries, the Volontaires pour la défense de la Patrie, allegedly carried out wanton killings, including summary executions.”
The forced conscription of magistrates signifies a distressing erosion of democratic institutions and could lead to further human rights abuses in Burkina Faso. The global community’s response and its potential to exert pressure on military authorities to uphold judicial independence remain to be seen (JURIST).