According to the government, this decision strengthens the legal means to fight once morest terrorism.
Twenty-two Burkinabè provinces are thus affected by the state of emergency. Among them are Soum, Tapoa, Namentenga, Bam and Sanmatenga. This represents almost half of the provinces of the country.
According to the 2019 law, the state of emergency allows ” the administrative authorities to take exceptional measures in terms of security, likely to infringe the rights and freedoms of individuals. »
The Ministers of Security and Territorial Administration can, for example, requisition people or goods, prohibit the movement of people or vehicles, entrust the army with tasks of maintaining order, dissolve or suspend groups and associations. or controlling media content and banning publications.
However, the state of emergency is limited to 30 days. The Transitional Legislative Assembly may extend it upon referral by the government.
The opinion of the Constitutional Council on general mobilization authorizes the Head of State to take similar measures, but throughout the entire territory of Burkina Faso.
A presidential decree is to be issued in the coming days to clarify ” these exceptional measures ».
Restriction of civil liberties
This legal paraphernalia worries part of civil society, which fears a restriction of civil liberties.
« It is an ambiguous decision that does not give clear guidelines “, deplores a defender of human rights regarding the state of emergency. He fears that civil liberties will be excessively reduced, when they have already been abused since the arrival of the junta a few months ago.
With regard to general mobilization, these exceptional measures must be part of the rule of lawrecalls Abdoulaye Soma, constitutional lawyer, However, the Constitution guarantees fundamental rights. »
All decrees issued by the President of the Transition will thus have to be submitted to the consultation of the Constitutional Council, the ultimate guarantor of fundamental freedoms, “ but very few actors can seize the Council of Elders “, concedes Abdoulaye Soma. In this case, only the President of the Transitional Legislative Assembly (ALT) has the possibility. It is also the ALT which will examine the extension of the state of emergency limited to 30 days.
These measures come a few days following the visit of Captain Ibrahim Traoré to Kaya, in the Center-North of the country. The leader of the Transition delivered a very vigorous speech there towards those who, in his eyes, do not support the fight once morest terrorism.
