Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Forced Labour Convention, 1930 (No. 29) - Burkina Faso (Ratification: 1960)

The Committee notes the observations of the National Confederation of Workers of Burkina Faso (CNTB) on the application of the Convention, which were received on 25 August 2015.

Article 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to continue providing information on the application of Act No. 029-2008/AN to combat trafficking in persons.

The Committee notes the Government’s indication that, since the awareness-raising campaigns launched in 2010 and the coordination of action to combat trafficking in persons by the Ministries of Social Action, Security and Justice, trafficking in persons has declined considerably. The Government adds that, as of 31 December 2013, 13 cases of trafficking in persons had been referred to the courts and that, under the terms of the Act to combat trafficking, this offence is punishable by sentences of imprisonment ranging from five to 20 years. The Committee also notes the observations by the National Confederation of Workers of Burkina Faso (CNTB) that, notwithstanding this Government action, cases of trafficking in persons are reported at the national level, and particularly of children towards Benin and Côte d’Ivoire. The Committee also notes that, according to the information provided by the Government in 2014 in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), a National Plan of Action to Combat Trafficking and Sexual Violence against Children (PAN LTVS) was being drawn up. The Committee also notes that in its concluding observations the United Nations Committee on the Protection of all Migrant Workers and Members of their Families (CMW) expresses concern at the inadequacy of the measures taken by the State party to combat the existence of networks for the smuggling and trafficking of children and women, who are subject to forced labour, domestic slavery and prostitution. The CMW also expresses concern at the low number of prosecutions and convictions, the absence of information concerning the preparation of a new plan of action and the absence of mechanisms to identify victims and measures to encourage migrant workers to report cases of violations (CMW/C/BFA/CO/1, 2013, paragraph 38).

The Committee requests the Government to indicate whether the National Plan of Action to Combat Trafficking and Sexual Violence against Children (PAN-LTVS) has been adopted, with an indication of whether the measures that it contains are intended solely to prevent trafficking in children. If that is the case, the Committee requests the Government to indicate the measures adopted or envisaged for the preparation of a National Plan of Action to Combat Trafficking in Adults. The Committee also requests the Government to provide information on the measures adopted or envisaged to protect victims of trafficking and to provide them with appropriate assistance. Finally, the Committee requests the Government to continue providing information on the number of prosecutions initiated, convictions and specific sentences imposed under Act No. 029-2008/AN of 15 May 2008.

Articles 1(1) and 2(1). Repression of vagrancy. In its previous comments the Committee requested the Government to provide information on the progress achieved in the revision of section 246 of the Penal Code, which is drawn up in terms that are too general, and which may act as direct or indirect compulsion to work, through the punishment of vagrancy with a sentence of imprisonment ranging from two to six years.

The Committee notes the Government’s indication that the overly general terms defining vagrancy will be re-examined in the context of the process to revise the Penal Code. The Committee hopes that the Government will be in a position to report progress in the revision of section 246 of the Penal Code to ensure that only persons who disrupt the public order or resort to violence are liable to a penalty of imprisonment.

Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. Work of national interest. In its previous comments, the Committee requested the Government, on the occasion of a future revision of the legislation, to take the necessary measures to ensure that the law provides explicitly that work of national interest which may be assigned to conscripts during the course of their compulsory service in the army is strictly limited to cases of force majeure.

The Committee notes the Government’s indication that it has taken due note of the Committee’s observations on compulsory military service and will examine the matter during a future revision of the military service laws. The Committee hopes that, when the legislation on military service is next revised, the Government will take the necessary measures to ensure that the law provides explicitly that such work shall be strictly limited to cases of force majeure.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to confirm the voluntary nature of work performed by prisoners hired out to private enterprises and their working conditions.

The Committee notes the Government’s indication that, in practice, with the exception of work performed in prisons by detainees to improve their living conditions and conditions of detention, detainees voluntarily and freely offer themselves to perform work outside prisons in private enterprises. Moreover, the detainees freely discuss their remuneration with their employers. The Government adds that Act No. AM VI-103/FP/MIJ of 1 December 1988 on the organization and regulation of prisons is the only legislative text which organizes the hiring of prison labour. The Committee once again notes that, under the terms of section 112 of the Act, the hiring of convict labour outside the prison shall be subject to a contract between the prison administration and the user setting out the specific conditions, particularly with regard to the actual number of workers hired out, the duration of the contract and the fees payable. The Committee therefore requests the Government to indicate the manner in which it is ensured that detainees performing work outside prisons in private enterprises give their free formal and informed consent and the guarantees from which they benefit, particularly in relation to remuneration and occupational safety and health. The Committee requests the Government to provide copies of the model employment contract concluded for this purpose between detainees and private enterprises.