In Burkina Faso, the government has taken steps to improve women’s rights by enacting new legislation. There is, however, a significant gap between these laws and daily reality: in many situations, both the Family Code and the Penal Code are disregarded by society and by the authorities.
Burkinabe women within the family are very poorly protected. The 1989 Family Code sets the minimum legal age for marriage at 17 years for both men and women, but permits marriage from the age of 15 years under special circumstances. In practice, the law is often ignored and there is a high incidence of early marriage. A 2004 United Nations report estimated that 35 per cent of girls between 15 and 19 years of age were married, divorced or widowed. In rural areas, many women marry between the ages of 15 and 17 years; the Fulani ethnic group is known for marrying even younger.
In the past, most marriages in Burkina Faso were arranged, but young women of today often challenge this custom. Despite recent legislation that makes it illegal, many families continue to force their daughters into marriage. Women frequently accept forced marriage for fear of remaining unmarried in a society that has high esteem for women with large families.
The Family Code permits polygamy: half of Burkinabe women and nearly one-third of men live in polygamous unions. The practice varies depending on the ethnic group: it is common in the Mossi tribe, which allows men to take up to four wives. Some Burkinabe women are forced into polygamy, but others are willing participants: in Burkinabe society, any marriage is preferable to remaining single. In urban communities, a small minority of people marry in civil ceremonies and an even smaller number choose monogamous unions. Levirate marriage is forbidden by law in Burkina Faso, but is still practised. Under this custom, widows are obliged to marry a brother of their deceased husband in order to retain custody of their children; otherwise, child custody automatically transfers to the family of the deceased. Life for divorced or widowed women is often difficult, particularly in rural areas.
Burkina Faso’s Family Code abolishes the notion of the man as head of the family and states that spouses are equal partners. Thus, it gives mothers and fathers equal share in parental authority, and stipulates the same obligations and responsibilities in relation to their children. In the event of divorce, child custody is awarded to the parent who can provide the best care. In practice, custody of children over the age of seven is most often granted to the father, who receives child benefits from the government and has the financial resources to support the children. Mothers often have difficulty exercising their rights to visit or participate in providing care for their children.
Despite the Family Code, men are still considered to be the heads of families in rural areas: they make the decisions and wives are expected to obey. The situation is quite different in towns and urban areas; most men do not earn enough to support their families and are obliged to allow their wives to work. Once women have their own sources of income and pay a proportion of the household expenses, the power balance tips in their favour.
In the matter of inheritance, widows have a legal right to inherit property, but those in rural areas regularly face discrimination. According to custom, the family of the deceased often claims rights to the couple’s possessions, leaving the widow in an extremely precarious situation. It is not uncommon for a family to sell the couple’s house without the widow’s knowledge, and then evict her. In urban areas of Burkina Faso, inheritance law applies only to civil marriages celebrated according to the Family Code; most couples live in concubinage or have married under common law, which means the surviving spouse has no legal rights. Daughters and sons are treated equally under Burkinabe inheritance law.
Burkinabe law does not sufficiently protect women’s physical integrity. There are no specific laws pertaining to violence against women. Many women are subjected to abuse or rape – even in their own homes – but cases are seldom brought to court. It is not uncommon for women who have been sexually assaulted to be accused of witchcraft and banished from their villages.
In 1990, the government established a national committee to address the issue of female genital mutilation (FGM). Two years later, it launched a campaign to combat the practice and, in 1996, FGM was criminalised. The Penal Code provides for prison sentences ranging from six months to three years and fines of between CFA 150 000 and CFA 900 000 (USD 290 and USD 1750) for offenders. FGM is still practised, but a significant number of Burkinabe mothers say they do not intend to force their daughters to such mutilation.
A 2003 Demographic and Health Survey indicated that 77 per cent of Burkinabe girls had been subjected to FGM; of these, only 1 per cent of cases involved minor, symbolic cuts. On a more positive note, statistics indicate that the incidence of FGM is falling: more than 80 per cent of women aged over 35 years had undergone FGM in their younger years; amongst women now aged 15 to 19 years, the figure is 65 per cent. Percentages vary considerably depending on the region and ethnic group, and the incidence of FGM decreases amongst women who have a higher education. Overall, positive changes are expected in the future.
There is no evidence to suggest that Burkina Faso is a country of concern in relation to missing women.
Women in Burkina Faso face numerous restrictions in relation to ownership rights, but positive changes have occurred in recent years. The law grants men and women equal rights to obtain access to land, but there is a wide gap between the legislation and reality. In the past, land was considered collective property and, as the heads of families, men had the right to use it. In 1984, all land was nationalised by law, but in the 1990s, the government again allowed individual ownership. In one area of the country where land is easily available, women are entitled to access land if they express the intent to farm it. In many cases, they lack the necessary time and resources to follow through on this intent. Elsewhere, men usually oust women from their own land. Laws on ownership rights are generally respected in urban regions, where women can acquire land and have access to property other than land.
In towns, Burkinabe women have recently begun starting their own businesses; some now have small amounts of personal capital to use as they wish. However, women are at a disadvantage in regard to access to bank loans in that formal financial institutions are rarely prepared to lend them money. Thus, their only option is to borrow from micro-credit organisations, which have been introduced by public agencies and NGOs over the past 20 years. These schemes are quite successful: to date, tens of thousands of Burkinabe women have received micro-credit.
Many Burkinabe women have freedom of movement. The exception is the country’s Muslim women, who make up about half of the population; most Muslim women are severely restricted by customs that limit their social interactions to contact with other women.
Historically, women in Burkina Faso had a relatively high degree of freedom of dress. In recent years, fundamentalist religious sects that oblige women to cover their heads have become more popular, particularly amongst the Fulani ethnic group. In general, Islamic fundamentalism is on the rise in northern Burkina Faso.
CEDAW (Committee on the Elimination of Discrimination against Women) (1998), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Burkina Faso, Second and Third Reports of States Parties, CEDAW/C/ BFA/2-3, CEDAW, New York, NY.
CEDAW (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Burkina Faso, Combined Fourth and Fifth Periodic Reports of States Parties, CEDAW/C/BFA/4-5, CEDAW, New York, NY.
INSD (Institut National de la Statistique et de la Démographie) et ORC Macro (2004), Enquête Démographique et de Santé du Burkina Faso 2003, INSD et ORC Macro, Calverton, MD.
MBDHP (Mouvement Burkinabé des Droits de l’Homme et des Peuples) (2005), Rapport alternatif du MBDHP aux quatrième et cinquième rapports périodiques combinés présentés par le Burkina-Faso au Comité sur l’élimination de la discrimination à l’égard des femmes, CEDAW, New York, NY.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
SIDA (Swedish International Development Cooperation Agency) (2004), Towards Gender Equality in Burkina Faso, SIDA, Stockholm.
