Country: Burkina Faso. Commission of National Reconciliation and Reform 2015-ongoing (5 months)

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1 Country: Burkina Faso Commission of National Reconciliation and Reform 2015-ongoing (5 months) A transitional mechanism instituted to restore and strengthen social cohesion and national unity. Background 1. Legal basis It derives its mandate from the Charter of the Transition of November 16, Terms of Reference A transitional mechanism borne out of a peace process. 1) It is responsible for formulating relevant policies and reforms necessary for economic and social development, to establish the best conditions to settle the liabilities of the political and economic management of the state, creating the conditions and frameworks conducive to the manifestation of truth, justice, forgiveness and national reconciliation. 2) To restore and strengthen social cohesion and national unity and to "to lay the foundations of a truly democratic society, just, open and inclusive in Burkina Faso, to be effected through five sub-committees on a) truth, justice and national reconciliation, b) constitutional, political and institutional reform c) electoral reform d) public finances ad respect for public property and e) media management and information. The functions of the sub-committee on reforms were to be further clarified by a further presidential decree. 3. Applicable law

2 Commission of Enquiry (CoI) General 1. Powers of CoI The President of the Commission will take the lead on the management of the budget and all necessary authorizations is responsible for the coordination of administrative matters and discipline. Vice presidents will be remunerated according the provisions of the Transition Charter. The Commission shall meet in regular plenary session once a month, and in extraordinary plenary in emergencies convened by the President. The subcommittees also meet in ordinary session once a month and, if necessary in extraordinary session. These meetings are convened by their respective chairs. The commission and sub-commissions may also, whenever necessary, hear or require any expert or resource person and request any document in accordance with the founding charter. Any person requested must respond favourably. The mandate of the Commission of national reconciliation and reforms may be extended if necessary. 2. Independence 3. Impartiality 4. Transparency 5. Invocation of ubuntu/related concept

3 6. Gender mainstreaming 7. Interrelationship with other accountability mechanisms The Commission has already engaged with the Constitutional Council which it is argued had emptied the CRNR of all substance, by removing the possibility "to capture and document any blood crime case and Economic Crime and audition any person for the purpose." Thus limiting the mandate of the Commission by removing from its purview witness statements on the violence they suffered under former president compare. 8. International representation 9. Adequate staffing Process 1. Standard of proof 2. Method of case selection

4 3. Data collection 4. Witness participation and protection 5. Special protection and participation measures 6. Financial resources 7. Location of hearings Findings 1. Norms relied on (re legitimate killing) 2. Challenges 3. Findings

5 4. Recommendations 4. Politics of memory 5. Incorporation of local justice mechanisms Report 1. Availability 2. Impact Implementation and consequences 1. Institutional framework for implementation

6 2. Fulfilment of Mandate 3. Government response 4. Civil society response 5. CSO galvanisation Country: Burkina Faso Independent Commission of inquiry into the popular uprising of October A judicial commission of inquiry instituted by the transitional government to shed light on the causes of deaths and injuries recorded during the popular uprising of 30 and 31 October 2014

7 Background 1. Legal basis 2. Terms of Reference 3. Applicable law Commission of Enquiry (CoI) General 1. Powers of CoI 2. Independence

8 3. Impartiality 4. Transparency 5. Invocation of ubuntu/related concept 6. Gender mainstreaming 7. Interrelationship with other accountability mechanisms 8. International representation 9. Adequate staffing Process

9 1. Standard of proof 2. Method of case selection 3. Data collection 4. Witness participation and protection 5. Special protection and participation measures 6. Financial resources 7. Location of hearings Findings

10 1. Norms relied on (re legitimate killing) 2. Challenges 3. Findings 4. Recommendations 5. Politics of memory 6. Incorporation of local justice mechanisms Report 1. Availability

11 2. Impact Implementation and consequences 1. Institutional framework for implementation 2. Fulfilment of Mandate 3. Government response 4. Civil society response 5. CSO galvanisation

12 Country: Burkina Faso Commission of Inquiry into the death of Norbert Zongo 1999 (4 months) A judicial inquiry into the circumstances surrounding the death of investigative journalist Norbert Zongo, who died under suspicious circumstances in Time frame of violations: 1998 Background 1. Legal basis Presidential decree on 18 December Terms of Reference Public negotiation after outcry at the death of Norbert Zongo. To investigate the circumstances surrounding the death of Norbert Zongo and to produce a report indicating the causes thereof. 3. Applicable law presidential decree

13 Commission of Enquiry (CoI) General 1. Powers of CoI The commission had the power to compel people to testify. 2. Independence The independence of the Commission could be called into question because 10 of the 14 members were government representatives especially given the he history of the government in handling allegations of political assassinations. Eventually the Commission was whittled down to Impartiality The commission was impartial as the results of the investigation were not predetermined. 4. Transparency The political nature of the death of Norbert Zongo meant that the investigation into his death was not as transparent as it should have been. 5. Invocation of ubuntu/related concept no mention thereof. 6. Gender mainstreaming no specific gender focus.

14 7. Interrelationship with other accountability mechanisms The African Court on Human and Peoples Rights ordered Burkinabe authorities to resume investigations with a view to finding charging and trying the perpetrators of the murdered of Norbert Zongo and his three companions and ordered the state to pay compensation of 38,000 Euros. 8. International representation Reporters sans frontiers was the only international organisation that formed part of the committee. 9. Adequate staffing From reports, the Committee was sufficiently resourced in terms of human capacity despite that fact that some staff were withdrawn without notice. Process 1. Standard of proof no mention thereof. 2. Method of case selection The case was already determined (the death of Norbert Zongo). 3. Data collection Data was collected through a series of investigations and testimony from more than 200 witnesses. 4. Witness participation and protection No specific mention thereof.

15 5. Special protection and participation measures No specific mention thereof. 6. Financial resources Financed mainly by the Burkinabe government. 7. Location of hearings Although there were no formal hearings, interviews and statements were collected by witnesses in the capital city where Norbert met his death. Findings 1. Norms relied on (re legitimate killing) no information available 2. Challenges Some staff were withdrawn without notice, by the ministry's involved and the national gendarmerie, before the work was completed. 3. Findings It was found that 1) Norbert Zongo was murdered 2) the motives for his murder were political and lie in the "investigations carried out over the years by Zongo and especially his recent investigations into the death of David ouedraogo under mysterious circumstances, linked to Francois Compraore brother and political adviser to the president 3) there was no formal evidence allowing the committee to designate who committed the crime but there are contradictions and inconsistencies in the testimony of some of the suspects concerning their alibis for the day Zongo was murdered. Six members of the presidential security corps were also noted as serious suspects. 4. Recommendations

16 1) That policing regulations should be strictly adhered to so that there is a clear distinctions between the military and police functions including in matters of state security 2)That the regulatory body for the Presidential guard be controlled by the republican army and the regiment handling presidential security should be restricted to protecting the head of state 3) all pending cases of disappearances or killings should be fully investigated and definitively concluded 4) legal steps should be taken to ensure that there is no time limit on the investigation into the murder of Norbert Zing and his three colleagues. 5. Politics of memory 6. Incorporation of local justice mechanisms No specific mention to local justice mechanisms Report 1. Availability Report was published 2. Impact A Reconciliation Commission was eventually been set up, this can be linked to the recommendation that was offered by the college des sages, that perpetrators of human rights violations be held accountable. Implementation and consequences 1. Institutional framework for implementation

17 2. Fulfilment of Mandate 3. Government response The prime minister received the report and said appropriate measures would be taken in response. There have however been allegations of political intimidation such as the expulsion of the RSF member of the commission from the country and other representatives were prevented from re-entry into the country. 4. Civil society response Norbert Zongo's death had a serious impact on society and it is reported that thousands of people demonstrated, demanding justice for his death. Following which the committee was instituted. As soon as the report was published, Le Collectif (a collective of human rights organizations and opposition parties) called for conservatory measures to be instituted against the members of the military suspected of killing Norbert Zongo. There were also skirmishes that broke out between police and students who called for the arrest of the suspects. 5. CSO galvanisation There has been much civil action calling for the implementation of the results of this commission as justice was not seen to have been served.