All the Burkinabe are born free and equal in rights.
All have an equal vocation to enjoy all the rights and all the freedoms guaranteed by this Constitution.
Discrimination of all sorts, notably those founded on race, ethnicity, region, color, sex, language, religion, caste, political opinions, wealth and birth, are prohibited.
The protection of life, security, and physical integrity are guaranteed.
Slavery, slavery-like practices, inhuman and cruel, degrading and humiliating treatments, physical or moral torture, services and mistreatments inflicted on children and all forms of the degradation of Man, are forbidden and punished by the law.
No one may be deprived of his liberty if he is not prosecuted for acts specified and punishable by the law.
No one may only be arrested, detained, deported or exiled by virtue of the law.
The right to work is recognized and is equal for all.
It is prohibited to discriminate in matters of employment and of remuneration founded notably on sex, color, social origin, ethnicity or political opinion.
The State sees to the constant amelioration of the conditions of work and to the protection of the worker.
The family is the basic unit of society. The State has the duty to protect it.
Marriage is founded on the free consent of the man and of the woman. All discrimination based on race, color, religion, ethnicity, caste, social origin, [and] fortune, is forbidden in matters of marriage.
Children are equal in rights and in duties in their familial relations. The parents have the natural right and the duty to raise and to educate their children. These must give them respect and assistance.
The State works to promote the rights of the child.
Article 314 [crimes against humanity]
Those who deport, enslave or massively and systematically execute summary executions, kidnappings, disappearances, torture or inhuman acts on political, philosophical, racial or religious grounds or others in execution of a concerted plan against a group of civilian population or combatants of the ideological system on whose behalf the said crimes are perpetrated.
Those who participate in a formed group or in an agreement established for the preparation, characterized by one or more material facts of one of the offenses defined in the preceding articles, are punished with death.
In all cases where the sentence imposed is not death, the prohibition of the exercise of civil and / or family rights, public office or office and the prohibition of For a period not exceeding five years.
Public prosecution of the crimes provided for in this chapter, as well as sentences imposed, shall not be prohibited.
Shall be punished with imprisonment from six months to two years, anyone who forces another person into marriage. The penalty is imprisonment for one to three years if the victim is a minor.
The maximum penalty is incurred if the victim is a minor girl under the age of thirteen. Anyone who favors a marriage contract or under such conditions is considered an accomplice.
Prohibited the payment of a dowry either in cash or in kind or form of service delivery.
Shall be punished by imprisonment of three to six months and a fine of 100,000 to 1,000,000 francs or one of these two penalties any person who requires or agrees to pay or receive a dowry in order to marriage.
Shall be punished by imprisonment of one to three years and a fine of 500,000 to 1,500,000 francs, anyone in any profit or advantage to any other causes or encourages the parents or either of them to abandon their children born or unborn, or makes or attempts to bring her through to collect or adopt a child born or unborn.
Section 9 - The corruption of youth and prostitution
Pimp is considered and punished by imprisonment of one to three years and a fine of 300,000 to 900,000 francs, knowingly:
-Aids, assists or protects the prostitution of others or soliciting for prostitution;
-Sharing the proceeds of prostitution of others or harvest money from a person who habitually engages in prostitution;
-Cohabiting with a person who habitually engages in prostitution;
-Being a habitual relationship with one or more persons engaging in prostitution, can not justify the resources corresponding to his lifestyle;
-Employment, or maintains, even with her consent, a person for prostitution or engaging in prostitution or debauchery;
Acts as an intermediary in any capacity between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others.
Shall be punished with imprisonment from two to five years and a fine of 600,000 to 1,500,000 francs, usually whoever receives one or more persons engaged in prostitution within a hotel, hostel, pub , club, dance hall or place of entertainment or their annexes or any place open to published or used by the public and he is the owner, manager or worker.
The same penalties apply to anyone who attends such holders, directors or employees.
In all cases, the sentencing court shall order the withdrawal of the license which the convicted person was a beneficiary. It may also order the temporary or permanent closure of the facility.
For the purpose of this section, trafficking in persons refers to recruitment, transport, accommodation or reception of persons by the use of threat or the use of force or other forms of coercion, by abduction, fraud, deception, abuse of authority or a situation of vulnerability, or by offering or accepting payments or benefits for obtain the consent of one person having authority over another for the purposes operating.
Exploitation includes, in particular, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or organ removal.
Constituting the offense of trafficking in persons: recruitment, transport, transfer, accommodation or reception of a minor for the purposes of exploitation, even if none of the means listed in Article 511-1 above is used.
The consent of a victim of trafficking in persons as defined in Article 511-1 above does not remove the offense.
Is guilty of trafficking in persons and punished with imprisonment five years to ten years and a fine of one million (1,000,000) to five million (5,000,000) CFA francs, whoever commits any of the acts provided for in Articles 511-1 and 511-2 above.
The term of imprisonment is from eleven to twenty-one years and the fine of two million (2,000,000) to ten million (10,000,000) CFA francs, when the offense was committed with one of the following aggravating circumstances:
The penalty is life imprisonment when:
Is qualified child trafficker (s) any person who, alone or in association organizes, supports, encourages, facilitates the movement, transit, residence or placement of children in the conditions and goals set forth below.
Traffic is deemed to child (ren) any act by which a child is recruited, transported, transferred, harbored or received, inside or outside the territory of Burkina Faso by one or more dealers through threats and intimidation by force or other forms of coercion, embezzlement, fraud or deception, abuse of power or exploitation of the vulnerability of a child or in the case of supply or receipt of remuneration in order to obtain the consent of a person with supervisory power over him for purposes of economic exploitation, sexual, illegal adoption, union early or forced marriage or any other purpose prejudicial to the health, physical development, mental and well-being of the child.
Shall be punished by imprisonment of one to five years and a fine of 300 000 to 1.5 million CFA francs or one of these penalties, any person engaged in trafficking of children (s ), whatever the place of commission of the offense. Is same penalties, any person having knowledge of a child trafficking (s) or have discovered a minor under 18 in those conditions, did not notify immediately the administrative or judicial authorities or any person ability to prevent it. If the authors are persons having authority over the victim or who has care they are entrusted with his education, his intellectual and professional, displacement of workers paying the maximum penalty must be pronounced.
Attempted child trafficking (s) is punishable.
The punishment is imprisonment for five to ten years anyone convicted of trafficking of children (s) committed under the following circumstances: - If the victim is a child under 15 and under; - If the act was committed by fraud or violence, use of false representation, or false documents as forged or altered or counterfeit permit; - If the author made use of narcotics or any other substance likely to affect the will of the minor victim;
- If the perpetrator was carrying a weapon apparent or hidden; - If the victim was kidnapped, deprived of food or exposed in a public place or private recruitment; - If the victim is exposed to dangerous, arduous or the worst forms of child labor; - If the result of a temporary disability.
The penalty is imprisonment for life if: - The victim died; - This resulted in mutilation or permanent disability; - Traffic is to organ removal.
In all cases under the above provisions, the court may further order of banishment, the exclusion order and a ban some time to exercise civil rights, civil and family.
Article 5: Forced or compulsory labor is prohibited.
The term "forced" or "compulsory" means any work or service exacted from an individual under the threat of any penalty or sanction and for which the individual has not voluntarily offered himself.
No one may use it in any form, in particular as:
Without prejudice to penal provisions, a fine of from fifty thousand francs to three hundred thousand francs and / or one of these two penalties shall only be imposed for a term of imprisonment of one month to three years. A fine of between three hundred thousand and six hundred thousand francs and imprisonment for two months to five years or one of these two penalties only:
1. the perpetrators of infringements of the provisions of Articles 4, 5, 22, 36, 37, 38, 152, 182, 213, 231 and 232;
Section I: Human Trafficking
For purposes of this law, trafficking in persons means the recruitment, transportation, harboring or receipt of persons, by refraining from the threat or use of force or other forms of coercion, of abduction, of fraud, deception, abuse of authority or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another exploitation. Exploitation shall include, inter alia, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal Organ.
East of the offense of human trafficking: recruitment, recruitment, transportation, transfer, harboring or receipt of a minor for purposes of exploitation, even if none of the means listed Article 1 is used.
The consent of a victim of trafficking in persons as defined in section 1 above shall be inoperative.
A person is guilty of trafficking and sentenced to imprisonment from five to ten years who commits an act stipulated in Articles 1, 2 and 3 of this Act.
The imprisonment of ten to twenty years is incurred when the offense was committed in one of the following circumstances:
- If the victim is a minor more than fifteen years;
- If the person is particularly vulnerable due to physical or mental disability due to her pregnancy, her advanced age or state of health;
- If the act was committed by fraud or violence, use of false representation, or false documents as forged or altered or counterfeit permit;
- If the author made use of narcotics or any other substance likely to affect the willingness of the victim;
- If the author is carrying a weapon apparent or hidden;
- If the perpetrator is a relative or a person having authority over the victim;
- If the victim was kidnapped, deprived of food or exposed in a public place or private recruitment;
- If the victim is exposed to dangerous, arduous or the worst forms of child labor;
- If the perpetrator had sexually abused the victim.
The penalty is imprisonment for life if: - The victim died;- This resulted in mutilation or permanent disability; - Trafficking was the purpose of organ removal.
Section II: similar practices
Paragraph 1: the exploitation of begging others
The exploitation of begging others means a person who organizes and operates the begging of a person, entices or leads away a person to engage in begging, exerts pressure on a person to beg or continues to do so, was accompanied by one or more young children to draw a direct or indirect financial benefit, material or other benefit.
A person is guilty of exploitation of begging others and punished by imprisonment of two to five years and a fine of five hundred thousand (500,000) to two million (2,000,000) francs CFA or one of these two penalties any person who commits an act under
Article 7 of this Act.
The maximum penalties provided for in
Article 8 above is pronounced when the offense is committed against: - A minor; - A person particularly vulnerable due to mental or physical disability due to her pregnancy, her advanced age or state of health; - A person subject to coercion, violence or deceit for it is engaged in begging.