Burkina Faso

Cluster Munition Ban Policy

Last updated: 13 July 2015

Five-Year Review: State Party Burkina Faso was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010. In 2014, Burkina Faso stated that a process is underway to draft and adopt implementing legislation for the convention. Burkina Faso has participated in all of the convention’s Meetings of States Parties. In its initial transparency report for the convention provided in 2011, Burkina Faso confirmed that it has never used, produced, or transferred cluster munitions and possesses no stocks of the weapons, including for training or research purposes.

Policy

Burkina Fasosigned the Convention on Cluster Munitions on 3 December 2008 and ratified on 16 February 2010. It was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010.

In September 2014, Burkina Faso described the adoption of national implementing legislation for the convention as an “ongoing priority” and stated that a consultation process facilitated by the National Commission to Combat the Proliferation of Small Arms (Commission Nationale de Lutte contre la Prolifération des Armes Légères) aims to include the views of relevant national actors on the draft legislation.[1] Burkina Faso has provided States Parties with regular updates on the legislative process since it first reported implementing legislation would be needed.[2]

Burkina Faso submitted its initial Article 7 transparency report for the Convention on Cluster Munitions in January 2011 and an annual updated report in May 2013.[3] As of 3 July 2015, it had yet to submit any more of the annual updates due by 30 April.

Burkina Faso participated in the Oslo Process that created the Convention on Cluster Munitions, including the negotiations in Dublin in May 2008.[4]

It has continued to engage in the work of the Convention on Cluster Munitions. Burkina Faso has participated in every Meeting of States Parties of the convention, including the Fifth Meeting of States Parties in San José, Costa Rica in September 2014. Burkina Faso attended the convention’s intersessional meetings in Geneva once, in April 2013. Burkina Faso has participated in regional workshops on the convention, such as in Lomé, Togo in May 2013.

At the Fifth Meeting of States Parties in September 2014, Burkina Faso urged states to adopt national implementation measures for the convention to ensure “legal, technical, and operational mechanisms” are in place to address the threat of cluster munitions.[5]

Burkina Faso has voted in favor of recent UN General Assembly (UNGA) resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[6] 

Interpretive issues

Burkina Faso has elaborated its views on one of several important issues for the interpretation and implementation of the convention. In 2009, the Minister of Foreign Affairs stated that Burkina Faso considers that the transit of cluster munitions by states not party through the territory of States Parties is prohibited.[7] Burkina Faso has not provided its views yet on other issues, such as the prohibition on assistance with prohibited acts during joint military operations with states not party, the prohibition on foreign stockpiling, and the prohibition on investment in cluster munition production.

Burkina Faso is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

Burkina Faso has stated that it has never used, produced, or stockpiled cluster munitions.[8] Burkina Faso has reported that it has no cluster munitions, including for training or research purposes.[9]



[1] Statement of Burkina Faso, Convention on Cluster Munitions Fifth Meeting of States Parties, San José, 2 September 2014. Translation by the Monitor.

[2] Convention on Cluster Munitions Article 7 Report, Forms A and H, 26 January 2011; and statement of Burkina Faso, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 12 September 2012. Previously, in September 2013, Burkina Faso reported that draft implementation legislation was being prepared with the assistance of the Ministry of National Defense and the National Commission to Combat the Proliferation of Small Arms. In May 2013, Burkina Faso reported on progress to draft the legislation in cooperation with ICRC representatives in Ouagadougou. Statement of Burkina Faso, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 12 September 2012; and statement of Burkina Faso, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 23 May 2013. Notes by Action on Armed Violence (AOAV).

[3] The initial Article 7 report lists the reporting period as calendar year 2011, but it was likely for calendar year 2010 as Article 7 reports are supposed to cover a previous period and not future activities. The annual updated report dated 13 May 2013 is for the reporting period from 1 January 2012 to 31 December 2013, but most likely was meant to refer to calendar year 2012.

[4] For details on Burkina Faso’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 48–49.

[5] Statement of Burkina Faso, Convention on Cluster Munitions Fifth Meeting of States Parties, San José, 2 September 2014. Translation by the Monitor.

[6] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/69/189, 18 December 2014. Burkina Faso voted in favor of similar resolutions on 15 May and 18 December 2013.

[7] Letter No. 2009-001228/MAE-CR/SG/DGAJC from Minata Samate, Acting Minister of State, Minister of Foreign Affairs and Regional Cooperation, 24 March 2009.

[8] Statement by Amb. Monique Ilboudo, Convention on Cluster Munitions Signing Conference, Oslo, 3 December 2008.

[9] Convention on Cluster Munitions Article 7 Report, Forms B and C, 26 January 2011.