Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the joint observations of six trade union confederations (General Labour Federation of Burkina Faso (CGT–B); National Confederation of Workers of Burkina (CNTB); Trade Union Confederation of Burkina Faso (CSB); Force Ouvrière/National Union of Free Trade Unions (FO/UNSL); National Organization of Free Trade Unions (ONSL) and the Trade Union of Workers of Burkina Faso (USTB)) received on 29 August 2019, concerning the administrative suspension of two trade unions in the transport sector and the ban on the activities of a prison officials’ union. Expressing its concern at the nature of such allegations, the Committee requests the Government to provide its comments in this regard.

In its previous comments, the Committee requested the Government to amend certain legislative and regulatory provisions relating to the right to strike in order to bring them into conformity with Articles 2 and 3 of the Convention:

• -section 386 of the Labour Code, under the terms of which the exercise of the right to strike shall on no account be accompanied by the occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this regard, the Committee recalled that restrictions on strike pickets and the occupation of the workplace are acceptable only where the action ceases to be peaceful. However, 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 Order of 18 December 2009, issued under section 384 of the Labour Code, which lists establishments that may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike. The Committee observed that certain of the services contained in the list could not be considered essential services or require the maintenance of a minimum service in the event of a strike, such as mining and quarrying, public and private slaughterhouses, university centres. The Committee therefore requested the Government to revise the list of establishments which may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike to ensure that requisitioning is only possible in: (i) 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) services which are not essential in the strict sense of the term, but in which strikes of a certain scope and duration could give rise to an acute crisis threatening the normal living conditions of the population; or (iii) public services of fundamental importance.

The Committee notes the Government’s indication that the process of revising the Labour Code has not yet been completed, that the draft bill issuing the Labour Code was discussed at a validation workshop in October 2017 and that, once the revision process is complete, the above-mentioned Order of 18 December 2009 on requisitions could be amended.

With regard to its previous comments on the need to amend section 283 of the Labour Code, which provides that children of at least 16 years of age may join a trade union unless their father, mother or guardian objects, the Committee welcome’s the Government’s indication that the draft revising the Labour Code no longer refers to objections by parents or guardians.

The Committee expresses the firm hope that the Labour Code will be adopted in the near future and that it will give full effect to the provisions of the Convention on the matters recalled above. It requests the Government to provide a copy of the Code once promulgated, as well as any relevant implementing texts.