"Every individual shall have the right to leave any country including his own, and to return
to his country. This right may only be subject to restrictions, provided for by law for the
protection of national security, law and order, public health or morality".
47. The communication alleges that on 6th August 1995, Mr. Nongma Ernest Ouédraogo,
Secretary General of the political party known as "Bloc Socialiste Burkinabé" was
prevented from leaving the national territory, following the publication by the said party
of a statement on the situation in the country. Information available to the Commission
does not point to any threat to public security or morality that either the journey or even
the person of the said Mr. Ouédraogo could have represented. Therefore, it agrees that
there was violation of Article 12(2).
48. The Complainant claims that there was dismissal of many workers at Poura on account
of a strike. Unfortunately, the information provided to the Commission do not allow it to
establish in any certain manner that there was violation of article 13(2).
FOR THESE REASONS
The Commission finds the Republic of Burkina Faso in violation of Articles 3, 4, 5, 6,
7(1)(d) and 12(2) of the African Charter.
Recommends that the Republic of Burkina Faso draws all the legal consequences of this
decision, in particular by:
• Identifying and taking to court those responsible for the human rights violations cited
above;
• Accelerating the judicial process of the cases pending before the courts;
• Compensating the victims of the human rights violations stated in the complaint.
Done at the 29th Ordinary Session held in Tripoli, Libya from 23rd April to 7th May 2001.