Burkina Faso and Djibouti were reviewed at the 44th Universal Periodic Review that took place over 6 - 17 November 2023. Uproar and its national partners advocated for recommendations to be made for digital rights. In Burkina Faso, we worked with Centre National de Presse Norbert Zongo, one of the leading freedom of expression and media freedom organisations in the country. In Djibouti, we worked with a local consultant who specialises on freedom of expression.

Continue reading to find out the results of UPR44, and what digital rights successes have been made for these countries.

”We are delighted to see an increase of recommendations on freedom of expression online and off at the UPR. This means UN representatives are understanding that digital rights are human rights. We hope that the recommendations to Burkina Faso and Djibouti are then followed up accordingly by their governments, so we can see real progress in the protection of online spaces and civil liberties."

Hannah Machlin, Advocacy Manager, Uproar

Burkina Faso

Prior to the review on November 6, Uproar and our partner Centre National de Presse Norbert Zongo put forward the following recommendations on digital rights:

1. Create and restore an environment conducive for the exercise of digital rights and freedoms and guarantee access to the Internet and ICTs by:
   1. Halting and desisting from any current or future Internet shutdowns and other arbitrary measures limiting Internet access and use, and restore all digital networks, including social media, and broadcast platforms and ensure that any limitation complies with established regional and international standards;
   2. End the intimidation, harassment, arbitrary arrests and prosecutions of journalists, critics, activists and campaigners who exercise their right to freedom of expression online and offline in accordance with the law;
2. Ensuring the Right to Data Protection and Privacy on the Internet through complying with the government’s commitments to personal data protection and ending all arbitrary surveillance.
3. Repeal provisions of the Penal Code, under Law No. 044-2019/AN and others that arbitrarily interfere with the exercise of free expression, both online and offline. In particular by decriminalising provisions relating to false news and adopting a whistleblower’s protection law
4. Operationalise the access to information law by immediately implementing law N°051-2015/CNT, of August 30, 2015, on access to public information and administrative documents and creating the National Authority for Access to Public Information (ANAIP). Journalists should also be exempt from terrorism charges while conducting their work, especially during information gathering.

Burkina Faso received 16 recommendations on the issue of freedom of expression from 15 different countries with an additional 1 country mentioning freedom of expression in their opening remark:

Argentina gave the following 2 recommendations to Burkina Faso:

1. Guarantee the right to freedom of expression and opinion including the exercise

of freedom of the press, the civic space and participation of civil society 2. Adopt measures designed to guarantee the human rights of LGBTQI+ persons including protections against discrimination & violence, and rights of freedom of expression and association

Australia recommended Burkina Faso repeal laws that inhibit freedom of expression.

Belgium’s opening remark stated that they note with concern the increase of a number of measures taken by the authorities over the last few months against freedom of expression. Media, press organisations and human rights defenders play a crucial role in the respect for human rights and we encourage the authorities to take all necessary measures to ensure that they can continue to work in all freedom. However, there was no recommendation made based on their opening statement.

Canada recommended Burkina Faso protect the right to freedom of the press, freedom of expression, freedom of association and opinion, whilst ensuring that attacks and threats levelled against journalists and activists are investigated and criminally prosecuted.

Czechia recommended Burkina Faso guarantee the right to freedom of expression and protect journalists and their rights.

Denmark stated in their opening that they are gravely concerned by the continued suspension of activities of political parties and CSOs as well as the suspension of certain media and cases of intimidation and attacks on journalists. They recommended Burkina Faso revoke measures impeding on rights to FoE and assembly, and freedom of the press in order to ensure a conducive environment for political parties, CSOs and the free press.

Germany stated they were deeply worried about the harassment of Human Rights Defenders, journalists and the LGBTQ+ community in their opening remark. They recommended Burkina Faso refrain from government interventions into the freedom of the press and freedom of expression so citizens can fully enjoy the rights.

Ireland stated in their opening that they remain concerned by restrictions on freedom of expression, press freedom and civic space - in particular, reports of intimidation and attacks on journalists and HRDs. They recommended Burkina Faso provide a safe and enabling environment for journalists including by reversing suspensions and expulsions that restrict press freedom.

Italy recommended Burkina Faso ensure freedom of expression and media freedom.

The Netherlands stated in their opening that they are concerned about the deterioration of the human rights situation in Burkina Faso; they recommended the creation of a safe environment in Burkina Faso by guaranteeing freedom of association and assembly and freedom of expression and freedom of the press.

Sierra Leone recommended Burkina Faso promote the full exercise of rights of freedom of expression and assembly including in the context of security measures.

Spain recommended Burkina Faso revise existing legislation to more narrowly defined broadly defined defenses which currently limits freedom of the press and freedom of association and so forth.

Switzerland highlighted digital rights and recommended Burkina Faso guarantee and protect the right to freedom of expression and freedom of association and they combat the impunity of perpetrators of hate speech both online and offline to call for violence and stigmatisation against groups of the population particularly.

The UK recommended Burkina Faso the promotion of an inclusive transition to civilian government by opening up civic space, and promoting and protecting the rights of freedom of expression and assembly and association.

The US recommended Burkina Faso repeal portions of the criminal code that violate the right to freedom of expression to ensure journalists and human rights defenders can do their jobs free from fear, harassment or intimidation.

Djibouti

Prior to their review on November 9, 2023, Uproar recommended that Djibouti should uphold its international and regional commitments to human rights and refrain from restricting digital rights including access to information and media freedom. Uproar and our partners put forward the following recommendations on digital rights:

1. End the harassment, arbitrary arrest, and prosecution of journalists and other activists, and hold to account those that violate media freedom.
2. Repeal all laws that inhibit freedom of expression, media, access to information both on and offline, including article 425 of the Penal Code on criminal defamation and article 78 of the Communication Law criminalising ‘offending’ the president.
3. Immediately end the throttling of the internet and blockage of websites and social media sites and ensure that any restrictions are consistent with fundamental human rights standards.

Djibouti received 2 recommendations from 2 countries on digital rights and a further 12 recommendations from 12 countries on the issue of freedom of expression:

Argentina recommended Djibouti adopt necessary measures to ensure that the freedom of expression and opinion is in place and guarantee the participation of civil society and political parties in line with international standards.

Australia’s opening stated they are concerned with reports of restrictions on freedom of opinion and expression. They recommended Djibouti allow freedom of opinion and expression to enable greater political and civil society participation.

Belgium recommended Djibouti revise law on freedom of communication as well as the criminal code to eliminate any provisions that restrict freedom of expression and association, in particular by decriminalising defamation and by removing restrictions against the establishment of media based on nationality and age.

Brazil recommended Djibouti adopt measures to ensure the implementation of the right to freedom of expression, peaceful assembly and association, and freedom of action by political parties, bringing the national legislation into line with international standards.

Canada recommended Djibouti ensure freedom of expression and association, peaceful assembly, and protection of all persons of reprisals, particularly journalists and human rights defenders.

Estonia recommended Djibouti decriminalise defamation and include it in the civil code. Revise the provisions that unduly restrict the freedom of opinion and expression, freedom of association and peaceful assembly, and ensure that these rights can be exercised freely.

Germany’s opening stated they remain concerned about the state of freedom of expression in particular with a view to the freedom of the press, about the absence of a diverse political landscape with genuine opposition parties, and about limited transparency in the election process. They recommended Djibouti guarantee freedom of expression and free work of the press as well as lift all restrictions on political opposition.

Ireland’s opening remark stated they remain concerned that the protection of rights facilitating political participation, in particular freedoms of opinion, expression, association, and peaceful assembly continue to be constrained both in law and in practice. They recommended Djibouti ensure that the legal framework providing for the protection of the rights of freedom of opinion and expression, association and peaceful assembly is compatible with international standards, and enables full and free participation in political life.

Luxembourg recommended Djibouti review and adapt the legislation governing the freedom of the media in order to bring it in line with international standards.

Spain recommended Djibouti fully guarantee the exercise of the freedoms of peaceful assembly, association, expression and of the press, by reforming the 1992 law on the freedom of communication.

US gave the following 2 recommendations to Djibouti:

1. Protect political opposition by allowing all groups to form legally recognised political parties, protect the ability of citizens to criticise the government without fear of harassment, abuse or detention, and allow unrestricted access to the internet including social media
2. Guarantee rights to freedom of expression, association and peaceful assembly for journalists, human rights defenders and all other persons, this includes a guarantee that they’re not prosecuted, detained or refused entry to the country for exercising these rights

Zambia gave the following 2 recommendations to Djibouti:

1. Intensify efforts to ensure the guaranteed freedom of expression and media freedom by bringing national legislation into line with international standards
2. Enhances efforts on the adoption of a law on access to information

The efforts of our partners lobbying, both in Geneva and locally, resulted in Burkina Faso and Djibouti receiving 16 and 14 recommendations respectively.

To keep up to date with our partner’s latest work, follow them on social media:

Centre National de Presse Norbert Zongo