Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Burkina Faso (Ratification: 1960)

The Committee notes the comments of 2013 by the International Trade Union Confederation (ITUC) on persistent obstacles to the application of the Convention as well as the observation of the Government thereon.

In its previous comments, the Committee requested the Government to amend a number of legislative provisions in order to bring them into line with Articles 2 and 3 of the Convention.

• -Section 283 of the Labour Code which provides that children of 16 years of age or more may join trade unions unless the father, mother or guardian decides otherwise. The Committee requested the Government to take measures to guarantee the right to organize of minors who have reached the statutory minimum age of admission to employment (16 years according to section 152 of the Labour Code), whether as workers or as apprentices, without the intervention of a parent or guardian. The Committee notes the Government’s indication that the amendment to section 283 as requested by the Committee is envisaged in the framework of the revision of the Labour Code.
• -Section 386 of the Labour Code according to which the exercise of the right to strike shall on no account be accompanied by occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. The Committee pointed out in this connection that any restrictions on strike pickets and workplace occupation are acceptable only where the action ceases to be peaceful. Nonetheless, it is necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises. The Committee takes note of the Government’s indication that the provisions will be amended in the framework of the revision of the Labour Code.
• -Act No. 45-60/AN of 25 July 1960, under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee takes note of the Government’s indication that the requisitioning of public employees is neither preventive nor collective and that it only concerns essential services in the strict sense of the term.
• -Order of 18 December 2009 adopted according to section 384 of the Labour Code which lists establishments which may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike. The Committee observed that the list mentioned some facilities which cannot be regarded as essential or require the maintenance of a minimum service, particularly mining and quarrying services, public and private slaughterhouse facilities, university welfare centres, etc. The Committee requested the Government to revise the list to ensure that requisitioning is possible only: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) in services which are not essential in the strict sense of the term but in which a strike could, owing to its extent and length, lead to an acute crisis threatening the normal living conditions of the population; or (iii) in public services of fundamental importance. The Committee notes the indication from the Government that nothing has evolved in this regard and that the list remains.

The Committee trusts that the Government will indicate in its next report concrete measures taken in consultation with the social partners to amend the Labour Code and the Order of 18 December 2009 so as to ensure their conformity with the Convention.