Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Abolition of Forced Labour Convention, 1957 (No. 105) - Burkina Faso (Ratification: 1997)

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 2002, the Committee has been drawing the Government’s attention to certain provisions, under which criminal penalties involving compulsory prison labour (pursuant to section 86 of Order No. 642 APAS of 4 December 1950 issuing the prison regulations) may be imposed in situations covered by Article 1(a) of the Convention, in particular:

• -sections 177–180 of the Penal Code, under which any attack on the honour or sensibility of certain persons exercising public authority (sections 178 and 180), or against the authority of the judicial system or its independence (section 179), constitutes an insult;
• -sections 361–364 of the Penal Code, which provide for the punishment of slurs upon the honour and dignity of individuals, insults, slander and defamation;
• -sections 114–123 of Ordinance No. 92-024bis/PRES of 29 April 1992 on the Information Code, which contain similar provisions to the abovementioned sections of the Penal Code.

The Committee notes the Government’s indication in its report that sections 177–180 of the Penal Code refer to insults against persons exercising public authority, while sections 361–364 refer to slurs upon the honour and dignity of individuals. The Government also indicates that sections 114–123 of the Information Code refer to attacks, conspiracies, crimes committed through participation in movements aimed at destabilization, and riots. The Government states that, at present, it does not have any data on these offences.

The Committee recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention if such restrictions are enforced by penalties involving compulsory labour. Referring to its General Survey of 2012 on the fundamental Conventions (paragraph 302), the Committee points out that the range of activities which must be protected from punishment involving forced or compulsory labour, under Article 1(a) of the Convention, thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. Lastly, the Committee emphasizes that the protection provided by the Convention is not limited to the expression or manifestation of views diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are protected by the Convention, as long as they do not resort to or call for violent means to these ends. The Committee therefore requests the Government to take the necessary steps to ensure that the provisions of the aforementioned legislation (Penal Code and Information Code) are not used to punish, by means of a prison sentence (involving compulsory prison labour), persons who express political views or peacefully oppose the established political, social or economic system. The Committee requests the Government to provide information on the application in practice of these provisions, including information on the court decisions handed down in this regard.

Article 1(b). Mobilization and use of labour for purposes of economic development. National service for development. In its previous comments, the Committee requested the Government to take the necessary steps to ensure that Decrees Nos 98-291/PRES/PM/DEF and 99-446/PRES/PM on the organization and functioning of national service for development explicitly establish the voluntary nature of participation in this service. This service, for which any citizen of Burkina Faso between 18 and 30 years of age may be called up, is accomplished in two phases: a training phase, during which those called up receive what is essentially civic and patriotic training and acquire the rudiments of vocational training in priority sectors for development; and a production phase, in which they make their contribution to the socio-economic development of the country in various sectors. The time spent in national service for development is considered time spent in military service, thereby releasing the citizen from any other military obligation (Decrees Nos 98-291/PRES/PM/DEF and 99 446/PRES/PM). The Committee requested the Government to take the necessary measures to re-examine the legislation on national service for development.

The Committee notes the Government’s indication in its report submitted under the Forced Labour Convention, 1930 (No. 29), that the revision of the legislation on military service is still pending. The Committee requests the Government to take the necessary measures to ensure that the legislation explicitly establishes the voluntary nature of participation in national service for development. The Committee requests the Government to provide information on all progress made in this regard.

Article 1(d). Criminal penalties for participation in a strike. In its previous comments, the Committee referred to section 386 of the Labour Code, under the terms of which the exercise of the right to strike may not be accompanied by the occupation of the workplace or its immediate surroundings, failing which the criminal penalties established by the legislation in force will apply. Moreover, referring to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requested the Government to take the necessary measures to revise section 386 of the Labour Code to ensure that persons who participate peacefully in a strike cannot incur any criminal penalties which would result in compulsory labour.

The Committee notes the Government’s indication that the revision of the Labour Code has begun and that its recommendations will be taken into consideration. The Committee trusts that the Government will take the necessary measures to ensure that the amendments brought by the revision of the Labour Code will give full effect to the provisions of Article 1(d) of the Convention.