Burkina Faso’s government is reportedly considering reinstating the death penalty for terrorism and related crimes, according to anonymous sources cited by media outlets and Human Rights Watch (HRW). While the government has not provided a specific timeline, it is expected to present an amendment to the country’s criminal code to the Transitional Legislative Assembly (ALT).
The death penalty was abolished in Burkina Faso in 2018. The ongoing discussion about its reintroduction comes as the military grapples with armed groups, whose attacks have destabilized the country. The government, which seized power in 2022 after overthrowing the previous government for its perceived failure to combat terrorism, has based much of its legitimacy on its ability to address security challenges. Reinstating capital punishment could be part of efforts to project authority in this fight.
Human rights organizations have criticized the government’s approach, accusing it of stifling dissent and undermining judicial independence. HRW has alleged that the junta has used forced conscription, including of journalists and magistrates, to silence critics and consolidate power. These practices, according to HRW, have compromised the rule of law by undermining the independence of the judiciary, raising concerns about the fair application of capital punishment.
International law, as outlined in Article 6 of the International Covenant on Civil and Political Rights, permits the death penalty only for the most serious crimes, provided that judicial processes remain independent and adhere to legal standards. The forced conscription of magistrates and other practices alleged by rights groups could make it difficult for Burkina Faso to meet these criteria.
While the government’s focus on combating terrorism is central to its claims of legitimacy, critics argue that its prioritization of security over human rights risks further eroding legal protections and governance standards. If implemented, the reintroduction of the death penalty would mark a significant shift in Burkina Faso’s legal landscape and could draw increased scrutiny from international human rights bodies.
