A large crowd marched through the streets of Ouagadougou, the Burkinabè capital, to protest against demands by the country’s judicial officers for the government to pay damages for ordering that two of their members take part in the mandatory military service decreed by the government.
The words, “Wayiyan”, or “Come out” in Mooré, the most spoken language in the country, could be heard loudly from the crowd, giving a concerning spin to the whole affair. This symbolic chant by staunch supporters of Capt. Ibrahim Traoré, and a term by which they are also referred, implied the active support of government for the protests.
The demand by members of the judiciary came after the Traoré-led government requisitioned two magistrates, Roger-André Zougrouana and Abdoul Gafarou Nacro, to be sent to the frontline in the battle against Islamist insurgents, a tour of duty that would run from August 14th to November 13th, three months, to have a first-hand experience.
Members of the Judiciary released a statement saying that “the requisition orders n°2024-00385/MDAC/EMGA/COTN and n*2024-00386/MDAC/EMGA/COTN, both dated 09/08/2024, and requisitioning ZOUGROUANA Roger-André and NACRO Abdoul Gafarou, are clearly illegal and infringe on the fundamental freedoms of the persons concerned;
“We therefore urge the Burkinabe State that we give no effect to these requisition orders and to guarantee the fundamental freedoms of the persons concerned.”
The released statement also demanded that the Commandant of the National Operations Command against Terrorism, Moussa Diallo, pay a fine of one million CFA francs ($1600) per day for signing the requisition orders to send the magistrates to the frontline. Each magistrate, according to the statement, must also receive the sum of one million CFA francs as payment for breach of their rights daily until the requisition is reversed.
For Traoré’s teeming supporters, a source said, by their petition the magistrates were implying that they are had superior status and their lives were far more valuable than the rest of all Burkinabès.
The demands by the magistrates have been described by Traoré’s supporters as insulting to those already serving in the country’s military and all Burkinabès.
Government sources who spoke to West Africa Report say the authorities, on their part, are empowered by the constitution and in times of war, the government has the full authority to call upon anyone to defend the homeland, should they see the need. They contend that no Burkinabè is above the constitution and must be ready to serve when called upon.
Many say the order for the magistrates to go to the battlefield is also a fitting sanction for a sector that is allegedly riddled with corruption and has also been involved in plotting against the government.
Critics of the government say Traoré’s supporters justifying the government’s decision as appropriate penalty for opposing the authorities is further proof that the decision was simply an attempt to victimise its opponents.
In Burkina Faso today, there are many who believe that the government is carrying out a vindictive plot to silence critics, using the draft as punishment. It is noteworthy that, not too long ago, in one of Traoré’s speeches, he had said that the country’s justice system was too corrupt and promised that they would deal with the corrupt judges and magistrates very soon.
What regional experts have expressed worries about is the military junta’s undisguised attempt to use the military draft laws as a tool to silence opposition, the judiciary being one of the staunchest in opposition to what its members see as the militarisation of the state and its laws.
The judiciary in Burkina Faso has always been at the forefront as an opposing force against legal excesses by government. However, it has also been seen as one of the most corrupt and easily manipulated arms of government in the country.
Many believe that attempts by the country’s executive leadership to impose its whims, and the rare boldness by the judiciary to confront it, has pitched both sides against each other for years.
One example is the death of a judge, Salifou Nebie, under strange circumstances in 2014 during the Campoare-led government, believed to have been linked to his refusal to modify article 37 of the country’s constitution, which provided term limit for the country’s president.
For many, it appears that the judiciary has once again drawn the battle lines with another government and intends to hold its grounds, regardless of the consequences.
While many see the protests as proof of a growing political awareness and involvement by the country’s youth in addressing major challenges that affect their lives, the growing agitations against all opposition to the actions of the military leadership has raised questions about individual rights as guaranteed in the country’s constitution and what these agitations portend for dissenting opinions.
As angers flare over the demands by the judiciary, many are calling for caution, insisting that all arguments must be evaluated without sentiments that would undermine respect for the constitution or the rule of law.
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