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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2(2)(a) and (d) of the Convention. Work or service exacted under compulsory military service laws. Work of national interest. The Committee previously noted that, according to Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces, any unmarried citizen of Burkina Faso of 18 to 25 years of age may freely undertake or be called upon to serve in the national army. It noted that the obligation to serve involved a statutory period of 18 months’ active service devoted to civic and military instruction and to work in the national interest (section 36). Noting the Government statement that work in the national interest in which conscripts may participate is strictly limited to cases of force majeure, the Committee requested the Government to align the legislation with the indicated practice.

The Committee notes the Government’s indication, in its report, that the revision of the legislation on military service is still ongoing and that all the necessary measures will be taken to bring the national legislation into conformity with the Convention. The Committee trusts that the Government will take the necessary steps, in the context of the ongoing revision of the legislation on military service, to ensure that the law expressly provides that work of national interest which may be assigned to conscripts in the context of their compulsory military service is 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 noted that several provisions of Act No. 10-2017/AN, of 10 April 2017, on the prison system (Prison System Act) regulate prison labour and provide that prison labour outside the prison shall be subject to a contract between the prison administration and the user, to set in particular the duration of the contract and the fees payable (section 196). According to section 198, working conditions and remuneration shall be discussed by the prisoner in question and the employer and submitted for approval by the Committee on the Application of Sentences.

The Committee observes that the Prison System Act provides that convicted prisoners are required to work (section 181) and that prisoners admitted to the correctional division can be employed outside the prison, in particular by private entities (section 190). In that regard, the Committee wishes to emphasize that work by prisoners for private enterprises can be held compatible with the Convention only where the necessary safeguards exist to ensure that such work is not compulsory and is carried out with the formal, informed and freely given consent of the person concerned, and that the conditions of such work approximate those of a free labour relationship. The Committee requests the Government to specify whether prisoners give their free, formal and informed consent to work for private enterprises, in practice. It further requests the Government to provide information on the remuneration and working conditions of prisoners who work for private entities, including by providing samples of contracts concluded between prison authorities and private companies using prison labour, as well as agreements concluded between private enterprises and prisoners, which have been validated by the Committee on the Application of Sentences.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1) and 2(1) of the Convention. Punishment of vagrancy. Legislative developments. For a number of years, the Committee has been requesting the Government to provide information on the progress achieved in the revision of section 246 of the Penal Code, which may act as indirect compulsion to work, through the punishment of vagrancy with a sentence of imprisonment. The Committee notes with satisfaction that the new Penal Code does not contain provisions criminalizing vagrancy.

Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee noted that Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Anti-Trafficking Act) defined and criminalized trafficking in persons with penalties of imprisonment ranging from five to ten years, and up to 21 years in case of aggravating circumstances. It requested the Government to take the necessary measures to combat trafficking in persons, in particular through the adoption of an appropriate national action plan that would enable the application in practice of the Anti-Trafficking Act.

The Committee notes the Government’s statement, in its report, that the Anti-Trafficking Act was abrogated and that its provisions have been incorporated in the new Penal Code, adopted by Act No. 025-2018/AN of 31 May 2018 (sections 511-1 to 511-28). The Government indicates that, pursuant to section 511-28 of the new Penal Code, an Anti-Trafficking Committee composed of representatives from ministerial departments, civil society actors and non-governmental organizations was established, as well as Regional Committees in order to bring together, at local level, all the actors involved in the fight against trafficking in persons, such as law enforcement officials, customary and religious authorities and civil society organizations. The Government adds that these committees have been very active and have already carried out 6,411 awareness-raising and capacity building activities benefiting 69,889 persons in 2019. Furthermore, in August 2021, a practical guide on the National Referral System was published, in collaboration with the International Organization for Migration (IOM), in order to raise awareness of the relevant stakeholders. The Government also indicates that the elaboration of a national action plan to combat trafficking in persons will be examined in due time. According to the statistical information provided by the Government, in 2019, five prosecutions were initiated for trafficking in persons and three convictions handed down. The Committee takes notes of this information and observes that the Government has not informed on the measures taken to identify potential victims of trafficking and provide them with adequate protection. While welcoming the efforts made by the Government to raise awareness of trafficking in persons both at the national and local levels, the Committee urges the Government to step up its efforts to combat trafficking in persons. It hopes that the establishment of the National Anti-trafficking Committee will contribute to the effective implementation of sections 511-1 to 511-28 of the Penal Code, and to the elaboration and adoption of a national action plan. The Committee further requests the Government to provide information on the measures taken to: (i) prevent the trafficking of persons for sexual and labour exploitation; (ii) strengthen the capacities of law enforcement bodies (police, labour inspectorate, Public Prosecutor’s Office) and the judiciary; and (iii) identify victims and provide them with adequate protection. The Committee requests the Government to continue to provide information on the number of prosecutions initiated, convictions handed down and specific penalties applied under the Penal Code.

The Committee is raising other matters in a request addressed directly to the Government.

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

Articles 1(1) and 2(1) of the Convention. Punishment of vagrancy. In its previous comments, the Committee noted that the wording of section 246 of the Penal Code is too general and may act as a direct or indirect compulsion to work by punishing vagrancy with a prison term of two to six months. The Committee requested the Government to provide information on the progress made in revising this section.

The Committee notes the Government’s indication in its report that the preliminary draft of the revised Penal Code decriminalizes vagrancy. The Committee hopes that the Government will be in a position to provide information on the progress made in revising section 246 of the Penal Code so as to ensure that the vagrancy is not criminalized.

Article 2(2)(a). Work or service exacted under compulsory military service laws. Work in the national interest. In its previous comments, the Committee noted that, according to Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces, any unmarried citizen of Burkina Faso of 18 to 25 years of age may freely undertake or be called upon to serve in the national army. The obligation to serve is governed by sections 33 et seq. of the Act. The obligation involves a statutory period of 18 months’ active service devoted to civic and military instruction and to work in the national interest (section 36). The Government stated that work in the national interest in which conscripts may participate is strictly limited to cases of force majeure.

The Committee notes the Government’s indication that the revision of the legislation on military service is still pending. The Committee requests the Government to take the necessary steps, as part of the upcoming revision of the legislation on military service, to explicitly establish in the law 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 noted that, under section 102 of the Act of 1 December 1988 on the organization and regulation of prisons, convicted prisoners are required to work. Prisoners admitted to the correctional division may be employed outside the prison. The Committee requested the Government to specify whether the prisoners’ prior free, formal and informed consent is required, to indicate the manner in which the prisoners are remunerated and to describe their working conditions.

The Committee notes the Government’s indication that prison labour is now regulated by sections 181 et seq. of the Prison System Act (10 April 2017). Section 196 of the Act provides that the hiring of prison labour outside the prison shall be subject to a contract between the prison administration and the user that sets specific terms and conditions pertaining to, inter alia, the duration of the contract and the fees payable, and requires observance of the general terms and conditions for the hiring of prison labour. Section 198 provides that the working conditions and remuneration of a prisoner who is eligible for semi-custodial treatment or outside work shall be discussed by the prisoner in question and the employer and submitted for approval by the Committee on the Application of Sentences.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Anti-Trafficking Act), and to indicate whether the national action plan to combat trafficking and sexual violence against children had been adopted and whether its measures were also intended to prevent trafficking in adults.

The Committee notes the Government’s indication in its report that it has not been possible to draw up the national action plan, but that the subjects concerned are covered by other programmes, such as the national programme to combat trafficking in children in small-scale mines and quarries. The Government also indicates that, according to the 2015 national report on trafficking in children, 1,099 children were victims of trafficking and that the partial figures from the 2016 draft report refer to 1,416 child victims. Moreover, 42 persons have been identified as suspects under the terms of the Anti-Trafficking Act of 2008. Out of these 42 suspects, ten have been found guilty and sentenced by the courts.

The Committee notes that most of the information provided by the Government refers to the measures taken to combat trafficking in children and that no information is provided on the trafficking of adults. In this regard, the Committee notes that, in its concluding observations of 17 October 2016, the United Nations Human Rights Committee stated that it remained concerned about human trafficking for the purposes of sexual exploitation or forced labour (CCPR/C/BFA/CO/1, paragraph 35). The Committee urges the Government to take the necessary measures to combat trafficking in persons (adults), in particular through the adoption of an appropriate national action plan that would enable the application in practice of the Anti-Trafficking Act (No. 029-2008/AN of 15 May 2008). It also requests the Government to take the necessary steps to strengthen the capacities of law enforcement bodies, including the labour inspectorate, to combat trafficking in persons. The Committee further requests the Government to provide information on the measures taken or envisaged to protect victims of trafficking and to provide them with appropriate assistance. Lastly, the Committee requests the Government to continue providing information on the number of prosecutions initiated, convictions handed down and specific penalties applied under the Anti-Trafficking Act.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee noted in previous comments the promulgation of Act No. 029-2008/AN of 15 May 2008 to combat the trafficking of persons and similar practices. It asked the Government to provide information on the practical effect given to the Act.

The Committee notes that, according to the Government, campaigns to raise public awareness were organized in conjunction with NGOs and international organizations and included workshops, the projection of films with discussions, stage performances and seminars. These activities involved more than 20,000 people in the course of 2010. Some one thousand copies of the Act to combat the trafficking in persons were circulated countrywide to the police and customs, and in October 2010 a three-day training course was held in coordination with Interpol on the fight against trafficking. As part of the course, the Minister of Justice and the Minister of Social Action conducted sessions for 100 law enforcement officers in the Cascades region, a transit area for traffickers transporting children to Côte d’Ivoire. Furthermore, programmes on combating the trafficking of persons were broadcast over the national radio and television network. National troops also received training on the subject before being deployed abroad on peace-keeping missions.

The Government further indicates that in 24 cases of trafficking in persons investigated in 2010, the evidence was insufficient to warrant criminal prosecution; two cases ended in acquittal, six in convictions and the others are still pending.

The Committee takes due note of the action undertaken by the Government in its fight against trafficking. The Committee requests the Government to continue to provide information on the application of Act No. 029-2008/AN to combat the trafficking of persons, and in particular to indicate the sanctions imposed on perpetrators. Please provide copies of relevant judicial decisions.

1. Punishment of vagrancy. In its previous comments the Committee emphasized that legislative provisions punishing vagrancy, if drafted in terms that are too general, may act as a direct or indirect compulsion to work. A possible case in point is section 246 of the Penal Code, under which any person found in a public place who is unable to show proof of known abode or means of subsistence and has no trade or occupation, is guilty of vagrancy and liable to a prison term of from two to six months. The Committee asked the Government to adopt a narrower definition of vagrancy so that persons deemed to be vagrants may incur a penalty of imprisonment only if they disturb the public order or resort to violence.

The Committee notes that according to the Government, a revision of the Penal Code, and hence of section 246, mentioned above, is scheduled for 2012. The Government also states that this provision is not strictly enforced.

The Committee requests the Government to provide information on progress made in revising 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 under compulsory military service laws: work in the national interest. In its previous comments the Committee noted that according to Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces, any unmarried citizen of Burkina Faso of 18 to 25 years of age may undertake freely or be called up to serve in the national army. The obligation to serve is governed by sections 33 et seq. of the Act. The obligation involves a statutory period of 18 months’ active service devoted to civic and military instruction and to work in the national interest (section 36). The Government stated that work in the national interest in which conscripts may participate is strictly limited to cases of force majeure. Conscripts undergoing training may intervene in support of career members of the armed forces in certain exceptional situations in the event of imminent need. The Committee asked the Government to take the necessary steps, when the legislation is next revised, to provide expressly in the law that the work of national interest which may be assigned to conscripts in the context of their compulsory service in the army shall be strictly limited to cases of force majeure.

The Committee notes that in its report, the Government refers not to the work of national interest that may be assigned to conscripts in the course of their compulsory military service, provided for in section 36 of Act No. 009/98/AN of 16 April 1998 issuing general regulations for the national armed forces, but to national development service.

On the matter of national development service, the Committee points out that such service is not within the scope of the exception allowed by Article 2(2)(a) of the Convention. It refers the Government to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

With regard to work of national interest that may be assigned to conscripts in the course of their compulsory service in the army, the Committee recalls that in order to be excluded from the scope of the Convention, work exacted under military service laws must be purely military in nature. The Committee hopes that when the legislation on military service is next revised, the Government will take the necessary steps to ensure that the law provides expressly that such work is 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 noted that under section 102 of the Act of 1 December 1988 to organize and regulate prisons, convicts are required to work. Detainees accepted in the correctional division may be employed outside the prison: (i) in work sites, gardens and agricultural undertakings of the prison administration; (ii) in work of general interest carried out on behalf of public communities and administrations; and (iii) in private industrial or commercial enterprises (section 106). The Government specified that when the prison administration makes available to a private or public user a group of detainees for work outside the prison, it does so under the system of hiring for payment. Furthermore, in the context of the day-release regime, the Government specified that detainees placed outside the prison discuss their conditions of work and remuneration directly with the employer, prior to approval by the prison administration.

The Committee notes Act No. AN VI-103/FP/MIJ of 1 December 1988 to organize and regulate prisons, appended to the Government’s report. It notes that according to section 112 of the Act, the hiring of convict labour outside the prison is subject to a contract between the Head of the prison administration and the user that sets specific conditions pertaining, inter alia, to the numbers hired out, the duration of the contract and the fees payable. It also notes the Government’s statement that, in practice, no instances of convicts being required to work in private industrial or commercial enterprises have been reported.

However, in the absence of any indication as to the voluntary nature of work performed by prisoners hired out to private enterprises and their working conditions, the Committee again requests the Government to specify whether the prisoners’ prior free, formal and informed consent is required, and to provide particulars of the prisoners’ remuneration and working conditions. Please also provide any relevant legislative provisions.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee noted in previous comments the promulgation of Act No. 029-2008/AN of 15 May 2008 to combat the trafficking of persons and similar practices. It asks the Government to provide information on the practical effect given to the Act.

The Committee notes that, according to the Government, campaigns to raise public awareness were organized in conjunction with NGOs and international organizations and included workshops, the projection of films with discussions, stage performances and seminars. These activities involved more than 20,000 people in the course of 2010. One thousand copies of the Act to combat the trafficking in persons were circulated countrywide to the police and customs, and in October 2010 a three-day training course was held in coordination with Interpol on the fight against trafficking. As part of the course, the Minister of Justice and the Minister of Social Action conducted sessions for 100 law enforcement officers in the Cascades region, a transit area for traffickers transporting children to Côte d’Ivoire. Furthermore, programmes on combating the trafficking of persons were broadcast over the national radio and television network. National troops also received training on the subject before being deployed abroad on peace-keeping missions.

The Government further indicates that in 24 cases of trafficking in persons investigated in 2010, the evidence was insufficient to warrant criminal prosecution; two cases ended in acquittal, six in convictions and the others are still pending.

The Committee takes due note of the action undertaken by the Government in its fight against trafficking. The Committee requests the Government to continue to provide information on the application of Act No. 029-2008/AN to combat the trafficking of persons, and in particular to indicate the sanctions imposed on perpetrators. Please provide copies of relevant judicial decisions.

Articles 1(1) and 2(1). 1. Freedom of public servants to leave their employment. For a number of years the Committee has been drawing the Government’s attention to the provisions of the national legislation the enforcement of which could restrict the freedom of public servants to leave their employment subject to a notice period of reasonable length. It referred in particular to sections 158 and 159 of Act No. 013/98/AN of 28 April 1998 establishing the legal framework for public service employment and public servants, under which public servants wishing to resign must apply in writing to the Minister of the Public Service two months before the presumed date of departure, the Minister having one month to notify his or her acceptance or rejection. Public servants who end their employment despite a refusal from the competent authority, before express acceptance of the resignation or before the date set by the authority, are dismissed on grounds of abandoning their duties.

The Committee notes the Government’s statement that the requirement of two months’ notice to be observed by public servants wishing to resign should be regarded not as an impediment to contractual freedom but rather as a means of ensuring legal certainty in labour relations. As to applications to resign, the administration as a rule allows the resignation at the date requested. Refusals are rare and are accounted for by the fact that the applicant has failed to fulfil his or her obligations (abandonment of post, refusal to perform duties assigned, breach of rules) or is the subject of disciplinary or judicial proceedings. The Committee notes the statistics in the Government’s report showing the number of applications for resignation filed by public employees between 2008 and 2010.

With regard to the procedure for resignation applying to officials in territorial communities, the Committee notes the Government’s indication that the abovementioned rules likewise apply. It adds that owing to regional disparities and material constraints, it is unable to provide data on their applications to resign.

2. Punishment of vagrancy. In its previous comments the Committee emphasized that legislative provisions punishing vagrancy, if drafted in terms that are too general, may act as a direct or indirect compulsion to work. A possible case in point is section 246 of the Penal Code, under which any person found in a public place who is unable to show proof of known abode or means of subsistence and has no trade or occupation, is guilty of vagrancy and liable to a prison term of from two to six months. The Committee asked the Government to adopt a narrower definition of vagrancy so that persons deemed to be vagrants may incur a penalty of imprisonment only if they disturb the public order or resort to violence.

The Committee notes that according to the Government, a revision of the Penal Code, and hence of section 246, mentioned above, is scheduled for 2012. The Government also states that this provision is not strictly enforced.

The Committee requests the Government to provide information on progress made in revising 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 under compulsory military service laws: work in the national interest. In its previous comments the Committee noted that according to Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces, any unmarried citizen of Burkina Faso of 18 to 25 years of age may undertake freely or be called up to serve in the national army. The obligation to serve is governed by sections 33 et seq. of the Act. The obligation involves a statutory period of 18 months’ active service devoted to civic and military instruction and to work in the national interest (section 36). The Government stated that work in the national interest in which conscripts may participate is strictly limited to cases of force majeure. Conscripts undergoing training may intervene in support of career members of the armed forces in certain exceptional situations in the event of imminent need. The Committee asked the Government to take the necessary steps, when the legislation is next revised, to provide expressly in the law that the work of national interest which may be assigned to conscripts in the context of their compulsory service in the army shall be strictly limited to cases of force majeure.

The Committee notes that in its report, the Government refers not to the work of national interest that may be assigned to conscripts in the course of their compulsory military service, provided for in section 36 of Act No. 009/98/AN of 16 April 1998 issuing general regulations for the national armed forces, but to national development service.

On the matter of national development service, the Committee points out that such service is not within the scope of the exception allowed by Article 2(2)(a) of the Convention. It refers the Government to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

With regard to work of national interest that may be assigned to conscripts in the course of their compulsory service in the army, the Committee recalls that in order to be excluded from the scope of the Convention, work exacted under military service laws must be purely military in nature. The Committee hopes that when the legislation on military service is next revised, the Government will take the necessary steps to ensure that the law provides expressly that such work is 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 noted that under section 102 of the Act of 1 December 1988 to organize and regulate prisons, convicts are required to work. Detainees accepted in the correctional division may be employed outside the prison: (i) in work sites, gardens and agricultural undertakings of the prison administration; (ii) in work of general interest carried out on behalf of public communities and administrations; and (iii) in private industrial or commercial enterprises (section 106). The Government specified that when the prison administration makes available to a private or public user a group of detainees for work outside the prison, it does so under the system of hiring for payment. Furthermore, in the context of the day-release regime, the Government specified that detainees placed outside the prison discuss their conditions of work and remuneration directly with the employer, prior to approval by the prison administration.

The Committee notes Act No. AN VI-103/FP/MIJ of 1 December 1988 to organize and regulate prisons, appended to the Government’s report. It notes that according to section 112 of the Act, the hiring of convict labour outside the prison is subject to a contract between the Head of the prison administration and the user that sets specific conditions pertaining, inter alia, to the numbers hired out, the duration of the contract and the fees payable. It also notes the Government’s statement that, in practice, no instances of convicts being required to work in private industrial or commercial enterprises have been reported.

However, in the absence of any indication as to the voluntary nature of work performed by prisoners hired out to private enterprises and their working conditions, the Committee again requests the Government to specify whether the prisoners’ prior free, formal and informed consent is required, and to provide particulars of the prisoners’ remuneration and working conditions. Please also provide any relevant legislative provisions.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of public servants to leave their employment. For many years, the Committee has been drawing the Government’s attention to the provisions of the national legislation of which the application in practice could restrict the freedom of public servants to leave their employment, subject to a notice period of reasonable length. It referred in particular to sections 158 and 159 of Act No. 013/98/AN of 28 April 1998 establishing the legal framework for public service employment and public servants, under the terms of which public servants wishing to resign have to apply in writing to the Minister of the Public Service two months before the presumed date of departure. The Minister has one month in which to notify acceptance or rejection. Public servants who end their employment despite a refusal from the competent authority, before the specific acceptance of their resignation or before the date set by the authority, are dismissed on grounds of abandoning their duties.

In its report, the Government indicates that Act No. 013/98/AN has been amended, but that the provision on freedom of contract, including the granting of notice of reasonable duration to public servants wishing to resign, has not been changed since in practice no resignation duly submitted has yet been refused by the competent authority. The Committee notes this information. It requests the Government to continue providing statistical data in future reports on the number of resignations submitted by public servants and the number rejected, with an indication of the reasons for their rejection. Furthermore, in so far as similar provisions are also applicable to officials in territorial communities (sections 159–161 of Act No. 027-2006/AN of 5 December 2006 establishing the legal framework applicable to jobs and officials of territorial communities), the Committee requests the Government to provide information on the resignations submitted by officials of these communities which have been rejected or deferred and, where appropriate, on the criteria used by communities to reject such resignations.

Punishment of vagrancy. In its previous comments, the Committee emphasized that laws on vagrancy when they are drafted in over general terms, may act as a direct or indirect constraint to work. This could be the case of section 246 of the Penal Code, under which any person found in a public place who is unable to show proof of known abode or means of subsistence and has no trade or profession, is guilty of vagrancy and liable to a prison term of from two to six months. The Committee requested the Government to adopt a narrower definition of vagrancy so that only persons considered to be vagrants who disturb the public order may incur any penalty. The Government indicated that conviction to a penalty is not automatic in so far as it is necessary to have been found guilty of an offence by a competent jurisdiction to incur any penalty (section 3 of the Penal Code). The Committee observes that while sections 247–248 of the Penal Code set out penalties of imprisonment for vagrants who constitute a threat to public order or who have recourse to violence, section 246 criminalizes vagrancy as such (namely, the fact of being in a public place and being unable to show proof of known abode or means of subsistence and to have no trade or profession). Furthermore, under section 246 this offence is punishable by a sentence of imprisonment. The Committee therefore considers that, as recourse to section 246 of the Penal Code may constitute an indirect constraint to work, the Government should take measures to repeal or amend it so that only persons who disturb the public order or have recourse to violence may be liable to a sentence of imprisonment.

Trafficking in persons. The Committee previously noted the enactment of Act No. 029-2008/AN of 15 May 2008 to combat the trafficking in persons and similar practices. It noted that the Act defines in detail the elements constituting the trafficking in persons and establishes a penalty of imprisonment for from five to ten years for any person found guilty of this crime. The penalty is increased where the violation is committed under aggravating circumstances. The Committee also noted that the Act contains provisions respecting the protection of victims and witnesses, including the possibility for victims to seek to remain on the national territory on a temporary or permanent basis. The Committee would be grateful if the Government would provide information on the effect given to this Act in practice. Please indicate in this respect whether any particular publicity concerning the Act was undertaken for the authorities entrusted with its enforcement (police authorities, Office of the Public Prosecutor, the judiciary) and provide copies of court rulings that have already been handed down on this basis. More generally, the Committee would be grateful if the Government would provide information on the phenomenon of the trafficking in persons in Burkina Faso, and particularly the trafficking of women for sexual exploitation. Please indicate in particular the other measures adopted to raise awareness of the population concerning this phenomenon, and particularly those most vulnerable to this form of exploitation, and indicate the difficulties facing the competent authorities in relation to both prevention and repression.

Article 2(2)(a). Work or service exacted under compulsory military service laws: work in the national interest. In reply to the Committee’s comments on work of national interest envisaged in the context of the obligation to serve in the national armed forces (section 33 et seq. of Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces), the Government confirmed that the work in the general interest in which conscripts may participate is strictly limited to cases of force majeure. Conscripts who are engaged in training may intervene in support of career members of the armed forces in certain exceptional situations in the event of imminent need. The Committee noted this information. It hopes that, on the occasion of a future revision of the legislation, the Government will take the necessary measures for the inclusion of specific provision in the Act laying down that the work of national interest which may be assigned to conscripts in the context of their compulsory service in the army 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 reply to the Committee’s previous comments, the Government indicated that the prison system is governed by KITI No. AN VI-103/FP/MIJ of 1 December 1988 determining the organization of and issuing regulations governing prisons. Under section 102, convicts are under the obligation to work. Detainees accepted into the correctional division may be employed outside the prison: (i) on worksites, gardens and agricultural undertakings of the prison administration; (ii) on work of general interest carried out on behalf of public communities and administrations; and (iii) in private industrial or commercial enterprises (section 106). The Government specified that, when the prison administration makes available to a private or public user a group of detainees for work outside the prison, it does so under the system of hiring for payment. Furthermore, in the context of the semi-free system, the Government specified that detainees placed outside the prison discuss their conditions of work and remuneration directly with the employer, prior to approval by the prison administration.

The Committee notes all of this information. It requests the Government to provide a copy of KITI No. AN VI-103/FP/MIJ of 1 December 1988 determining the organization of and issuing regulations governing prisons. It would be grateful if the Government would provide further information on the employment of detainees by private industrial and commercial enterprises under the hiring system and, where appropriate, to supply a copy of any relevant regulations. Please indicate whether the prior consent of detainees is required, the manner in which they are remunerated and their working conditions.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public servants to leave their employment. For many years, the Committee has been drawing the Government’s attention to the provisions of the national legislation of which the application in practice could restrict the freedom of public servants to leave their employment, subject to a notice period of reasonable length. It referred in particular to sections 158 and 159 of Act No. 013/98/AN of 28 April 1998 establishing the legal framework for public service employment and public servants, under the terms of which public servants wishing to resign have to apply in writing to the Minister of the Public Service two months before the presumed date of departure. The Minister has one month in which to notify acceptance or rejection. Public servants who end their employment despite a refusal from the competent authority, before the specific acceptance of their resignation or before the date set by the authority, are dismissed on grounds of abandoning their duties.

In its report, the Government indicates that Act No. 013/98/AN has been amended, but that the provision on freedom of contract, including the granting of notice of reasonable duration to public servants wishing to resign, has not been changed since in practice no resignation duly submitted has yet been refused by the competent authority. The Committee notes this information. It requests the Government to continue providing statistical data in future reports on the number of resignations submitted by public servants and the number rejected, with an indication of the reasons for their rejection. Furthermore, in so far as similar provisions are also applicable to officials in territorial communities
(sections 159–161 of Act No. 027-2006/AN of 5 December 2006 establishing the legal framework applicable to jobs and officials of territorial communities), the Committee requests the Government to provide information on the resignations submitted by officials of these communities which have been rejected or deferred and, where appropriate, on the criteria used by communities to reject such resignations.

2. Punishment of vagrancy. In its previous comments, the Committee emphasized that laws on vagrancy when they are drafted in over general terms, may act as a direct or indirect constraint to work. This could be the case of section 246 of the Penal Code, under which any person found in a public place who is unable to show proof of known abode or means of subsistence and has no trade or profession, is guilty of vagrancy and liable to a prison term of from two to six months. The Committee requested the Government to adopt a narrower definition of vagrancy so that only persons considered to be vagrants who disturb the public order may incur any penalty. In its last report, the Government indicates that conviction to a penalty is not automatic in so far as it is necessary to have been found guilty of an offence by a competent jurisdiction to incur any penalty (section 3 of the Penal Code). The Committee observes that while sections 247–248 of the Penal Code set out penalties of imprisonment for vagrants who constitute a threat to public order or who have recourse to violence, section 246 criminalizes vagrancy as such (namely, the fact of being in a public place and being unable to show proof of known abode or means of subsistence and to have no trade or profession). Furthermore, under section 246 this offence is punishable by a sentence of imprisonment. The Committee therefore considers that, as recourse to section 246 of the Penal Code may constitute an indirect constraint to work, the Government should take measures to repeal or amend it so that only persons who disturb the public order or have recourse to violence may be liable to a sentence of imprisonment.

3. Trafficking in persons. The Committee notes the enactment of Act No. 029-2008/AN of 15 May 2008 to combat the trafficking in persons and similar practices. It notes that the Act defines in detail the elements constituting the trafficking in persons and establishes a penalty of imprisonment for from five to ten years for any person found guilty of this crime. The penalty is increased where the violation is committed under aggravating circumstances. The Committee also notes that the Act contains provisions respecting the protection of victims and witnesses, including the possibility for victims to seek to remain on the national territory on a temporary or permanent basis. The Committee would be grateful if the Government would provide information on the effect given to this Act in practice. Please indicate in this respect whether any particular publicity concerning the Act was undertaken for the authorities entrusted with its enforcement (police authorities, Office of the Public Prosecutor, the judiciary) and provide copies of court rulings that have already been handed down on this basis. More generally, the Committee would be grateful if the Government would provide information on the phenomenon of the trafficking in persons in Burkina Faso, and particularly the trafficking of women for sexual exploitation. Please indicate in particular the other measures adopted to raise awareness of the population concerning this phenomenon, and particularly those most vulnerable to this form of exploitation, and indicate the difficulties facing the competent authorities in relation to both prevention and repression.

Article 2(2)(a). Work or service exacted under compulsory military service laws: work in the national interest. In reply to the Committee’s comments on work of national interest envisaged in the context of the obligation to serve in the national armed forces (section 33 et seq. of Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces), the Government confirms that the work in the general interest in which conscripts may participate is strictly limited to cases of force majeure. Conscripts who are engaged in training may intervene in support of career members of the armed forces in certain exceptional situations in the event of imminent need. The Committee notes this information and hopes that, on the occasion of a future revision of the legislation, the Government will take the necessary measures for the inclusion of specific provision in the Act laying down that the work of national interest which may be assigned to conscripts in the context of their compulsory service in the army 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 reply to the Committee’s previous comments, the Government indicates that the prison system is governed by KITI No. AN VI-103/FP/MIJ of 1 December 1988 determining the organization of and issuing regulations governing prisons. Under section 102, convicts are under the obligation to work. Detainees accepted into the correctional division may be employed outside the prison: (i) on worksites, gardens and agricultural undertakings of the prison administration; (ii) on work of general interest carried out on behalf of public communities and administrations; and (iii) in private industrial or commercial enterprises (section 106). The Government specifies that, when the prison administration makes available to a private or public user a group of detainees for work outside the prison, it does so under the system of hiring for payment. Furthermore, in the context of the semi-free system, the Government specifies that detainees placed outside the prison discuss their conditions of work and remuneration directly with the employer, prior to approval by the prison administration.

The Committee notes all of this information. It requests the Government to provide a copy of KITI No. AN VI-103/FP/MIJ of 1 December 1988 determining the organization of and issuing regulations governing prisons. It would be grateful if the Government would provide further information on the employment of detainees by private industrial and commercial enterprises under the hiring system and, where appropriate, to supply a copy of any relevant regulations. Please indicate whether the prior consent of detainees is required, the manner in which they are remunerated and their working conditions.

 

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in reply to its comments concerning the types of work which may be imposed in the context of the penalty of community work and the associations authorized to receive persons sentenced thereto.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. Freedom of public servants to leave their employment. For many years, the Committee has been drawing the Government’s attention to the provisions of the national legislation of which the application in practice could restrict the freedom of public servants to leave their employment, subject to a notice period of reasonable length. It referred in particular to sections 158 and 159 of Act No. 013/98/AN of 28 April 1998 establishing the legal framework for public service employment and public servants, under the terms of which public servants wishing to resign have to apply in writing to the Minister of the Public Service two months before the presumed date of departure. The Minister has one month in which to notify acceptance or rejection. Public servants who end their employment despite a refusal from the competent authority, before the specific acceptance of their resignation or before the date set by the authority, are dismissed on grounds of abandoning their duties.

In its report, the Government indicates that Act No. 013/98/AN has been amended, but that the provision on freedom of contract, including the granting of notice of reasonable duration to public servants wishing to resign, has not been changed since in practice no resignation duly submitted has yet been refused by the competent authority. The Committee notes this information. It requests the Government to continue providing statistical data in future reports on the number of resignations submitted by public servants and the number rejected, with an indication of the reasons for their rejection. Furthermore, in so far as similar provisions are also applicable to officials in territorial communities (sections 159–161 of Act No. 027-2006/AN of 5 December 2006 establishing the legal framework applicable to jobs and officials of territorial communities), the Committee requests the Government to provide information on the resignations submitted by officials of these communities which have been rejected or deferred and, where appropriate, on the criteria used by communities to reject such resignations.

2. Punishment of vagrancy. In its previous comments, the Committee emphasized that laws on vagrancy when they are drafted in over general terms, may act as a direct or indirect constraint to work. This could be the case of section 246 of the Penal Code, under which any person found in a public place who is unable to show proof of known abode or means of subsistence and has no trade or profession, is guilty of vagrancy and liable to a prison term of from two to six months. The Committee requested the Government to adopt a narrower definition of vagrancy so that only persons considered to be vagrants who disturb the public order may incur any penalty. In its last report, the Government indicates that conviction to a penalty is not automatic in so far as it is necessary to have been found guilty of an offence by a competent jurisdiction to incur any penalty (section 3 of the Penal Code). The Committee observes that while sections 247–248 of the Penal Code set out penalties of imprisonment for vagrants who constitute a threat to public order or who have recourse to violence, section 246 criminalizes vagrancy as such (namely, the fact of being in a public place and being unable to show proof of known abode or means of subsistence and to have no trade or profession). Furthermore, under section 246 this offence is punishable by a sentence of imprisonment. The Committee therefore considers that, as recourse to section 246 of the Penal Code may constitute an indirect constraint to work, the Government should take measures to repeal or amend it so that only persons who disturb the public order or have recourse to violence may be liable to a sentence of imprisonment.

3. Trafficking in persons. The Committee notes the enactment of Act No. 029-2008/AN of 15 May 2008 to combat the trafficking in persons and similar practices. It notes with interest that the Act defines in detail the elements constituting the trafficking in persons and establishes a penalty of imprisonment for from five to ten years for any person found guilty of this crime. The penalty is increased where the violation is committed under aggravating circumstances. The Committee also notes that the Act contains provisions respecting the protection of victims and witnesses, including the possibility for victims to seek to remain on the national territory on a temporary or permanent basis. The Committee would be grateful if the Government would provide information on the effect given to this Act in practice. Please indicate in this respect whether any particular publicity concerning the Act was undertaken for the authorities entrusted with its enforcement (police authorities, Office of the Public Prosecutor, the judiciary) and provide copies of court rulings that have already been handed down on this basis. More generally, the Committee would be grateful if the Government would provide information on the phenomenon of the trafficking in persons in Burkina Faso, and particularly the trafficking of women for sexual exploitation. Please indicate in particular the other measures adopted to raise awareness of the population concerning this phenomenon, and particularly those most vulnerable to this form of exploitation, and indicate the difficulties facing the competent authorities in relation to both prevention and repression.

Article 2, paragraph 2(a). Work or service exacted under compulsory military service laws: work in the national interest. In reply to the Committee’s comments on work of national interest envisaged in the context of the obligation to serve in the national armed forces (section 33 et seq. of Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces), the Government confirms that the work in the general interest in which conscripts may participate is strictly limited to cases of force majeure. Conscripts who are engaged in training may intervene in support of career members of the armed forces in certain exceptional situations in the event of imminent need. The Committee notes this information and hopes that, on the occasion of a future revision of the legislation, the Government will take the necessary measures for the inclusion of specific provision in the Act laying down that the work of national interest which may be assigned to conscripts in the context of their compulsory service in the army shall be strictly limited to cases of force majeure.

Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. In reply to the Committee’s previous comments, the Government indicates that the prison system is governed by KITI No. AN VI-103/FP/MIJ of 1 December 1988 determining the organization of and issuing regulations governing prisons. Under section 102, convicts are under the obligation to work. Detainees accepted into the correctional division may be employed outside the prison: (i) on worksites, gardens and agricultural undertakings of the prison administration; (ii) on work of general interest carried out on behalf of public communities and administrations; and (iii) in private industrial or commercial enterprises (section 106). The Government specifies that, when the prison administration makes available to a private or public user a group of detainees for work outside the prison, it does so under the system of hiring for payment. Furthermore, in the context of the semi-free system, the Government specifies that detainees placed outside the prison discuss their conditions of work and remuneration directly with the employer, prior to approval by the prison administration.

The Committee notes all of this information. It requests the Government to provide a copy of KITI No. AN VI-103/FP/MIJ of 1 December 1988 determining the organization of and issuing regulations governing prisons. It would be grateful if the Government would provide further information on the employment of detainees by private industrial and commercial enterprises under the hiring system and, where appropriate, to supply a copy of any relevant regulations. Please indicate whether the prior consent of detainees is required, the manner in which they are remunerated and their working conditions.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Freedom of public servants to leave their employment. In its previous comments over many years, the Committee has noted that sections 158 and 159 of Act No. 013/98/AN of 28 April 1998 establishing the legal framework for public service employment and public servants, reproduced word for word the provisions of sections 178 to 181 of YATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Public Service Regulations. Under the above provisions, public servants wishing to resign must apply in writing to the Minister of the Public Service two months before the presumed date of departure. The Minister has one month within which to notify his acceptance or rejection. Public servants who end their employment despite a refusal from the competent authority are dismissed on grounds of abandoning their duties. The Committee drew the Government’s attention to the fact that, where employment is the result of a freely concluded agreement, the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, which is incompatible with the Convention.

The Government indicates in its report that Act No. 013/98/AN is going through a second reading and that measures will be taken to align it with the Convention, particularly regarding freely concluded contractual relationships, so as to grant a notice period of reasonable length to public servants who wish to resign. The Committee takes note of this information and hopes that the Government will be able to indicate in its next report the measures taken in this respect. It would also appreciate receiving information on the criteria used by the competent authority in accepting or rejecting the resignation of public servants, and the number of applications rejected in relation to the number of applications filed.

2. Article 2, paragraph 2(a), of the Convention. Work or service exacted under compulsory military service laws: work in the national interest. The Committee notes that, under Act No. 009/98/AN of 16 April 1998, issuing general staff regulations for the national armed forces, any unmarried national of Burkina Faso aged from 18 to 25 years may enrol freely or be required to serve in the national army. The obligation to serve is governed by sections 33 et seq. of the Act. The obligation comprises statutory active service of 18 months involving civic and military instruction and work in the national interest (section 36). The Committee notes that the Government stated, referring to similar provisions in the old legislation (section 5 of Act No. 49-62/AN), that work in the general interest in the context of compulsory military service applied solely in cases of force majeure, in accordance with Article 2, paragraph 2(d), of the Convention and that, in practice, these provisions had never been applied.

The Committee draws the Government’s attention to the fact that work exacted under laws on compulsory military service is excluded from the scope of the Convention only when the work is of a purely military nature. It requests the Government to take the necessary steps to ensure that work in the national interest, as provided for in section 36 of Act No. 009/98/AN, is limited strictly to cases of force majeure.

3. Article 2, paragraph 2(c). Work exacted as a consequence of conviction in a court of law.

(a) Prison labour. In response to the Committee’s previous comments, the Government indicates that work by detainees in and outside the prison is carried out under the supervision of prison guards and mainly involves inmates who enjoy semi-free status because of good conduct. The Committee asks the Government to indicate whether, and under what conditions, inmates having this status may be required to perform work for private individuals, companies or associations. Please also indicate whether the prison system is still governed by Order No. 642 APAS of 4 December 1950 issuing the prison regulations.

(b) Work in the general interest. The Committee notes that, following the adoption of Act No. 006-2004/AN of 6 April 2004, the provisions of sections 11 and 35 of the Penal Code have been amended to introduce a new correctional penalty: that of work in the general interest. The correctional jurisdiction may sentence offenders, in their presence and with their consent, to work in the general interest as a principal penalty where an offence is punished by imprisonment. Offenders who so agree will be required to perform non-remunerated work in the general interest for a public legal entity or a non-profit-making association recognized as being of public utility. According to the provisions of Act No. 007-2004/AN of 6 April 2004 on the administration of work in the general interest, the duration of such work may not be less than 40 hours or more than 150 hours. The Committee notes that the magistrate responsible for enforcing penalties establishes the arrangements for the execution of work in the general interest, monitors execution and settles incidents. The magistrate’s decision on the placement of the offender specifies the entity for which the work will be performed, the tasks the offender is to accomplish and the conditions in which the work will be executed. The Act gives persons sentenced to such work a number of rights, including the right to change domicile, institution or type of work, with the magistrate’s authorization. The Committee notes that the legislation contains several provisions for supervising and controlling the arrangements for the performance of work in the general interest. It would appreciate receiving information on the types of work that may be imposed under this penalty, on the criteria used for granting associations the authorization to receive persons sentenced thereto, as well as the list of these associations.

4. Punishment of vagrancy. In its previous comments, the Committee noted that, under section 246 of the Penal Code, anyone found in a public place who is unable to show proof of known abode or means of subsistence and has no trade or profession, is guilty of vagrancy and liable to a prison term of from two to six months. The Committee pointed out that the laws on vagrancy are drafted in such general terms that they may act as a direct or indirect constraint to work, and so should be amended to make them conform to a narrower concept of vagrancy. The Government provides no information on this subject. The Committee hopes that in its next report it will be able to indicate the measures taken to this end, so that only persons considered to be vagrants who disturb the public order may incur any penalty.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Freedom of public servants to leave their employment. In its previous comments over many years, the Committee has noted that sections 158 and 159 of Act No. 013/98/AN of 28 April 1998 establishing the legal framework for public service employment and public servants, reproduced word for word the provisions of sections 178 to 181 of YATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Public Service Regulations. Under the above provisions, public servants wishing to resign must apply in writing to the Minister of the Public Service two months before the presumed date of departure. The Minister has one month within which to notify his acceptance or rejection. Public servants who end their employment despite a refusal from the competent authority are dismissed on grounds of abandoning their duties. The Committee drew the Government’s attention to the fact that, where employment is the result of a freely concluded agreement, the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, which is incompatible with the Convention.

The Government indicates in its report that Act No. 013/98/AN is going through a second reading and that measures will be taken to align it with the Convention, particularly regarding freely concluded contractual relationships, so as to grant a notice period of reasonable length to public servants who wish to resign. The Committee takes note of this information and hopes that the Government will be able to indicate in its next report the measures taken in this respect. It would also appreciate receiving information on the criteria used by the competent authority in accepting or rejecting the resignation of public servants, and the number of applications rejected in relation to the number of applications filed.

2. Article 2, paragraph 2(a), of the Convention. Work or service exacted under compulsory military service laws: work in the national interest. The Committee notes that, under Act No. 009/98/AN of 16 April 1998, issuing general staff regulations for the national armed forces, any unmarried national of Burkina Faso aged from 18 to 25 years may enrol freely or be required to serve in the national army. The obligation to serve is governed by sections 33 et seq. of the Act. The obligation comprises statutory active service of 18 months involving civic and military instruction and work in the national interest (section 36). The Committee notes that the Government stated, referring to similar provisions in the old legislation (section 5 of Act No. 49-62/AN), that work in the general interest in the context of compulsory military service applied solely in cases of force majeure, in accordance with Article 2, paragraph 2(d), of the Convention and that, in practice, these provisions had never been applied.

The Committee draws the Government’s attention to the fact that work exacted under laws on compulsory military service is excluded from the scope of the Convention only when the work is of a purely military nature. It requests the Government to take the necessary steps to ensure that work in the national interest, as provided for in section 36 of Act No. 009/98/AN, is limited strictly to cases of force majeure.

3. Article 2, paragraph 2(c). Work exacted as a consequence of conviction in a court of law.

(a) Prison labour. In response to the Committee’s previous comments, the Government indicates that work by detainees in and outside the prison is carried out under the supervision of prison guards and mainly involves inmates who enjoy semi-free status because of good conduct. The Committee asks the Government to indicate whether, and under what conditions, inmates having this status may be required to perform work for private individuals, companies or associations. Please also indicate whether the prison system is still governed by Order No. 642 APAS of 4 December 1950 issuing the prison regulations.

(b) Work in the general interest. The Committee notes that, following the adoption of Act No. 006-2004/AN of 6 April 2004, the provisions of sections 11 and 35 of the Penal Code have been amended to introduce a new correctional penalty: that of work in the general interest. The correctional jurisdiction may sentence offenders, in their presence and with their consent, to work in the general interest as a principal penalty where an offence is punished by imprisonment. Offenders who so agree will be required to perform non-remunerated work in the general interest for a public legal entity or a non-profit-making association recognized as being of public utility. According to the provisions of Act No. 007-2004/AN of 6 April 2004 on the administration of work in the general interest, the duration of such work may not be less than 40 hours or more than 150 hours. The Committee notes that the magistrate responsible for enforcing penalties establishes the arrangements for the execution of work in the general interest, monitors execution and settles incidents. The magistrate’s decision on the placement of the offender specifies the entity for which the work will be performed, the tasks the offender is to accomplish and the conditions in which the work will be executed. The Act gives persons sentenced to such work a number of rights, including the right to change domicile, institution or type of work, with the magistrate’s authorization. The Committee notes that the legislation contains several provisions for supervising and controlling the arrangements for the performance of work in the general interest. It would appreciate receiving information on the types of work that may be imposed under this penalty, on the criteria used for granting associations the authorization to receive persons sentenced thereto, as well as the list of these associations.

4. Punishment of vagrancy. In its previous comments, the Committee noted that, under section 246 of the Penal Code, anyone found in a public place who is unable to show proof of known abode or means of subsistence and has no trade or profession, is guilty of vagrancy and liable to a prison term of from two to six months. The Committee pointed out that the laws on vagrancy are drafted in such general terms that they may act as a direct or indirect constraint to work, and so should be amended to make them conform to a narrower concept of vagrancy. The Government provides no information on this subject. The Committee hopes that in its next report it will be able to indicate the measures taken to this end, so that only persons considered to be vagrants who disturb the public order may incur any penalty.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.

1. The Committee notes that, pursuant to section 246 of the 1996 Penal Code, anyone who is found in a public place and cannot show proof of known abode or means of subsistence and does not have a trade or profession is guilty of vagrancy.

In paragraphs 45-48 of the 1979 General Survey on the abolition of forced labour, the Committee indicated that laws on vagrancy which are drafted in such general terms that they may act as a direct or indirect constraint to work should be amended to make them conform with a less broad concept of vagrancy. The Committee requests the Government to indicate the measures taken or contemplated to redefine vagrancy in less strict terms so that only disturbers of the public order who not only habitually refuse to work but are also without any legal means of subsistence may incur any penalty. Sections 247 and 248 of the Penal Code provide for such cases.

2. Article 2, paragraph 2(c). The Committee notes the Government’s reply to its general observation on prisons to the effect that none of the situations mentioned by the Committee, either in law or in practice, exists in Burkina Faso. The Committee notes, however, that section 10 of Decree No. 97-275/PRES/PM/MFPDI/MJ/MEF of 7 July 1997 issuing the special status of prison security guards lays down that prison security assistants organize the work of prisoners both inside and outside the establishment. The Committee requests the Government to supply in its next report information on the practice followed in regard to the employment of prisoners and the legislative or regulatory texts on prison labour.

The Committee hopes that the Government will provide this information with its next report.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following matters.

1. In its previous comments the Committee referred to articles 178-181 of YATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Public Service Regulations. It again asks the Government to provide information on the criteria for accepting or refusing the resignation of civil servants.

The Committee previously noted the Government’s statement that, when the General Public Service Regulations were revised, all the relevant practices would be made formal to take account of the Committee’s comments on the incompatibility with the Convention of the provisions preventing workers from terminating their employment by means of notice of reasonable length.

In its previous report, the Government indicated that the Committee’s comments have been taken into account in Act No. 013/98/AN of 18 April 1998 issuing the basic statute on public service jobs and public servants.

The Committee noted with regret that the provisions of articles 178-181, on which it commented previously, had been reproduced with no amendment whatsoever as articles 158 and 160 of the new Act. Under these provisions, public servants wishing to resign must apply in writing two months before the presumed date of departure to the Minister of the Public Service, who must notify his agreement or refusal within two months. Public servants who end their employment despite a refusal by the competent authority, before the latter’s express acceptance or before the date set by the authority, are dismissed on grounds of abandoning their duties.

The Committee again emphasizes that, where employment is the result of freely concluded agreement, the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, which is incompatible with the Convention. The Committee again asks the Government to take the necessary steps to ensure observance of the Convention on this point.

2. Trafficking in persons. The Committee noted that, according to information from several different sources, a large number of women and children are exploited by traffickers for labour purposes. The aim of such trafficking is to exploit their labour in agriculture, domestic work, prostitution and begging.

According to the ILO’s Global Report "Stop forced labour", children from Burkina Faso are forced to work on plantations in Côte d’Ivoire (paragraph 57). Burkina Faso is a sending, receiving and transit country, according to a study by the Ministry of Employment, Labour and Social Security (METSS) of March 2000, cited in the national report of December 2000 on the follow-up to the World Summit for Children, and which refers to the various forms of child exploitation. Most of the children from Burkina Faso sold abroad are employed in agriculture and sometimes subjected to prostitution. The intermediaries, who operate from Côte d’Ivoire, have children delivered to them by intermediaries operating in Burkina Faso (summary report of the subregional project of the International Programme on the Elimination of Child Labour (IPEC/ILO, 2001): "Combating child trafficking for labour exploitation in Western and Central Africa").

The Committee noted the establishment of a National Commission on the rights of the child and a national committee to supervise observance of the rights of the child. It also noted that a study on child trafficking in Burkina Faso was being conducted jointly by the Ministry of Employment and Labour and the International Programme on the Elimination of Child Labour (IPEC). The Committee again asks the Government to indicate any measures taken to combat trafficking in people and to ensure protection against forced labour.

  Article 25 of the Convention. According to Article 25 of the Convention, the illegal exaction of forced or compulsory labour must be punished as a penal offence and it is an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and strictly enforced. The Committee observed that, according to the Government’s previous report, no legal proceedings had been instituted to punish those trafficking in persons for labour exploitation.

The Committee noted Act No. 43/96/ADP of 13 November 1996 issuing the Penal Code.

The Committee again asks the Government to provide information on legal proceedings instituted against persons trafficking in human beings and the penalties imposed.

It noted that sections 244 and 245 of the Penal Code establishes penalties of imprisonment for persons forcing adults or minors into begging. The Committee again asks the Government to provide information on the application of these provisions in practice, particularly the number of prosecutions and the penalties imposed.

3. The Committee noted in its previous comments that, according to the Government, in the revision of the Penal Code account would be taken of new forms of exploitation, including certain slavery-like situations such as employment of children in households without any particular status and without adequate remuneration.

It also noted the provisions of Order No. 539/ITLS/HV of 29 July 1954 concerning child labour in all establishments, whatever their nature, and in households, which contains detailed provisions to ensure the protection of children in domestic service and Order No. 545/GTL/HV of 2 August 1954, which prohibits the employment of children under the age of 14 for more than four and a half hours in all per day.

The Committee had asked the Government to provide full particulars of any measures taken to ensure that effect is given to the provisions of the abovementioned Orders. The Committee notes that the Government’s report contains no information on this matter. It again asks the Government to provide on the next occasion the particulars requested.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes that, pursuant to section 246 of the 1996 Penal Code, anyone who is found in a public place and cannot show proof of known abode or means of subsistence and does not have a trade or profession is guilty of vagrancy.

In paragraphs 45-48 of the 1979 General Survey on the abolition of forced labour, the Committee indicated that laws on vagrancy which are drafted in such general terms that they may act as a direct or indirect constraint to work should be amended to make them conform with a less broad concept of vagrancy. The Committee requests the Government to indicate the measures taken or contemplated to redefine vagrancy in less strict terms so that only disturbers of the public order who not only habitually refuse to work but are also without any legal means of subsistence may incur any penalty. Sections 247 and 248 of the Penal Code provide for such cases.

2. Article 2, paragraph 2(c). The Committee notes the Government’s reply to its general observation on prisons to the effect that none of the situations mentioned by the Committee, either in law or in practice, exists in Burkina Faso. The Committee notes, however, that section 10 of Decree No. 97-275/PRES/PM/MFPDI/MJ/MEF of 7 July 1997 issuing the special status of prison security guards lays down that prison security assistants organize the work of prisoners both inside and outside the establishment. The Committee requests the Government to supply in its next report information on the practice followed in regard to employment of prisoners and the legislative or regulatory texts on prison labour.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. In its previous comments the Committee referred to articles 178-181 of YATU No. AN VI 008/FP/TRAV of 26 October 1988 issuing the General Public Service Regulations and asks the Government to provide information on the criteria for accepting or refusing the resignation of civil servants.

The Committee noted the Government’s statement that, when the General Public Service Regulations were revised, all the relevant practices would be made formal to take account of the Committee’s comments on the incompatibility with the Convention of the provisions preventing workers from terminating their employment by means of notice of reasonable length.

In its last report, the Government indicates that the Committee’s comments are taken into account in Act 013/98/AN of 18 April 1998 issuing the basic statute on public service jobs and public servants.

The Committee notes with regret that the provisions of articles 178 181, on which it commented previously, have been reproduced with no amendment whatsoever as articles 158 and 160 of the new Act. Under these provisions, public servants wishing to resign must apply in writing two months before the presumed date of departure to the Minister of the Public Service, who must notify his agreement or refusal within two months. Public servants who end their employment despite a refusal by the competent authority, before the latter’s express acceptance or before the date set by the authority, are dismissed on grounds of abandoning their duties.

The Committee again emphasizes that, where employment is the result of freely concluded agreement, the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, which is incompatible with the Convention. The Committee asks the Government to take the necessary steps to ensure observance of the Convention on this point.

2. Trafficking in persons. The Committee notes that, according to information from several different sources, a large number of women and children are exploited by traffickers for labour purposes. The aim of such trafficking is to exploit their labour in agriculture, domestic work, prostitution and begging.

According to the ILO’s Global Report "Stop forced labour", children from Burkina Faso are forced to work on plantations in Côte d’Ivoire (paragraph 57). Burkina Faso is a sending, receiving and transit country, according to a study by the Ministry of Employment, Labour and Social Security (METSS) of March 2000, cited in the national report of December 2000 on the follow up to the World Summit for Children, and which refers to the various forms of child exploitation. Most of the children from Burkina Faso sold abroad are employed in agriculture and sometimes subjected to prostitution. The intermediaries, who operate from Côte d’Ivoire, have children delivered to them by intermediaries operating in Burkina Faso (summary report of the subregional project of the International Programme on the Elimination of Child Labour (IPEC/ILO, 2001): "Combating child trafficking for labour exploitation in Western and Central Africa").

The Committee notes the establishment of a National Commission on the rights of the child and a national committee to supervise observance of the rights of the child. It also notes that a study on child trafficking in Burkina Faso is currently being conducted jointly by the Ministry of Employment and Labour and the International Programme on the Elimination of Child Labour (IPEC). The Committee asks the Government to indicate any measures taken to combat trafficking in people and to ensure protection against forced labour.

Article 25 of the Convention. According to Article 25 of the Convention, the illegal exaction of forced or compulsory labour must be punished as a penal offence and it is an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and strictly enforced. The Committee observes that, according to the Government’s report, no legal proceedings have been instituted to punish those trafficking in persons for labour exploitation.

The Committee notes Act No. 43/96/ADP of 13 November 1996 issuing the Penal Code.

The Committee asks the Government to provide information on legal proceedings instituted against persons trafficking in human beings and the penalties imposed.

It notes that sections 244 and 245 of the Penal Code establishes penalties of imprisonment for persons forcing adults or minors into begging. The Committee asks the Government to provide information on the application of these provisions in practice, particularly the number of prosecutions and the penalties imposed.

3. The Committee noted in its previous comments that, according to the Government, in the revision of the Penal Code account would be taken of new forms of exploitation, including certain slavery like situations such as employment of children in households without any particular status and without adequate remuneration.

It also noted the provisions of Order No. 539/ITLS/HV of 29 July 1954 concerning child labour in all establishments, whatever their nature, and in households, which contains detailed provisions to ensure the protection of children in domestic service and Order No. 545/GTL/HV of 2 August 1954, which prohibits the employment of children under the age of 14 for more than four and a half hours in all per day.

The Committee had asked the Government to provide full particulars of any measures taken to ensure that effect is given to the provisions of the abovementioned Orders. The Committee notes that the Government’s report contains no information on this matter and asks the Government to provide on the next occasion the particulars requested.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous comments: 1. The Committee noted previously that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Conditions of Employment of the Public Service, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions, despite a refusal by the competent authority, before the express acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties. The Committee asked the Government to supply information on the practice followed as regards the acceptance or rejection of resignation requests submitted by public servants. In its report, the Government indicates that although the above provisions may appear restrictive, in practice public servants have no difficulty in leaving their employment if they complete the prescribed formalities. With regard to dismissals of public servants for abandoning their duties, offenders are warned -- often more than once -- before any decision is taken, although this measure is not expressly prescribed by law. The Government also indicates that, in view of the forthcoming review of the General Conditions of Employment of the Public Service, all the above practices will be made formal to take account of the Committee's observations The Committee recalls that, when employment is the result of a freely concluded agreement, the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law. The Committee therefore considers that obligations of this kind are incompatible with the Convention. The Committee would be grateful if the Government would provide information on the criteria followed with regard to the acceptance or refusal of resignation and to provide information on progress in the revision of the General Conditions of Employment of the Public Service. 2. In its previous comments, the Committee noted the Government's indication that the revision of the Penal Code would take account of new forms of exploitation, including certain situations of slavery-like situations such as household employment of children without any particular status and without adequate remuneration. In its last report, the Government indicates that unlawful wages are still the most widespread form of exploitation of child labour. The Committee also notes the information contained in the report submitted by Burkina Faso under Article 44 of the Convention on the rights of the child (CRC/C/3/add.19, paragraphs 9 and 10) in which the Government indicates that it is difficult to keep a check on the limits of the employment of young people at home, in the family and in the community in a difficult social and economic context, both for young people and adults, and that, Burkina Faso being an agricultural and an underdeveloped country, children are frequently called on at an early age to work long hours often in activities which are beyond their strength. The Committee notes this information. It also notes Order No. 539/ITLS/HV of 29 July 1954 concerning child labour in all establishments of whatever nature and in households, which contains detailed provisions to ensure the protection of working children, and Order No. 545/GTL/HV of 2 August 1954 which prohibits the employment of children under the age of 14 for more than four-and-a-half hours in all per day. The Committee asks the Government to provide detailed information on any measures taken to ensure that effect is given to the provisions of the above-mentioned Orders. In its last report, the Government also indicates that work on the revision of the Penal Code has reached a very advanced stage. The Committee asks the Government to report on the progress of the revision and to provide a copy of the Code as soon as it has been adopted. 3. Referring to the general observation under the Convention published in its 1999 report, the Committee would be grateful if the Government would include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report contains no reply to its earlier comments. It therefore feels obliged to repeat its previous direct request, which read as follows:

1. The Committee noted previously that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Conditions of Employment of the Public Service, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions, despite a refusal by the competent authority, before the express acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties.

The Committee asked the Government to supply information on the practice followed as regards the acceptance or rejection of resignation requests submitted by public servants.

In its report, the Government indicates that although the above provisions may appear restrictive, in practice public servants have no difficulty in leaving their employment if they complete the prescribed formalities. With regard to dismissals of public servants for abandoning their duties, offenders are warned -- often more than once -- before any decision is taken, although this measure is not expressly prescribed by law.

The Government also indicates that, in view of the forthcoming review of the General Conditions of Employment of the Public Service, all the above practices will be made formal to take account of the Committee's observations

The Committee recalls that, when employment is the result of a freely concluded agreement, the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law. The Committee therefore considers that obligations of this kind are incompatible with the Convention.

The Committee would be grateful if the Government would provide information on the criteria followed with regard to the acceptance or refusal of resignation and to provide information on progress in the revision of the General Conditions of Employment of the Public Service.

2. In its previous comments, the Committee noted the Government's indication that the revision of the Penal Code would take account of new forms of exploitation, including certain situations of slavery-like situations such as household employment of children without any particular status and without adequate remuneration.

In its last report, the Government indicates that unlawful wages are still the most widespread form of exploitation of child labour.

The Committee also notes the information contained in the report submitted by Burkina Faso under Article 44 of the Convention on the rights of the child (CRC/C/3/add.19, paragraphs 9 and 10) in which the Government indicates that it is difficult to keep a check on the limits of the employment of young people at home, in the family and in the community in a difficult social and economic context, both for young people and adults, and that, Burkina Faso being an agricultural and an underdeveloped country, children are frequently called on at an early age to work long hours often in activities which are beyond their strength.

The Committee notes this information. It also notes Order No. 539/ITLS/HV of 29 July 1954 concerning child labour in all establishments of whatever nature and in households, which contains detailed provisions to ensure the protection of working children, and Order No. 545/GTL/HV of 2 August 1954 which prohibits the employment of children under the age of 14 for more than four-and-a-half hours in all per day.

The Committee asks the Government to provide detailed information on any measures taken to ensure that effect is given to the provisions of the above-mentioned Orders.

In its last report, the Government also indicates that work on the revision of the Penal Code has reached a very advanced stage. The Committee asks the Government to report on the progress of the revision and to provide a copy of the Code as soon as it has been adopted.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee noted previously that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Conditions of Employment of the Public Service, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions, despite a refusal by the competent authority, before the express acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties.

The Committee asked the Government to supply information on the practice followed as regards the acceptance or rejection of resignation requests submitted by public servants.

In its report, the Government indicates that although the above provisions may appear restrictive, in practice public servants have no difficulty in leaving their employment if they complete the prescribed formalities. With regard to dismissals of public servants for abandoning their duties, offenders are warned - often more than once - before any decision is taken, although this measure is not expressly prescribed by law.

The Government also indicates that, in view of the forthcoming review of the General Conditions of Employment of the Public Service, all the above practices will be made formal to take account of the Committee's observations.

The Committee recalls that, when employment is the result of a freely-concluded agreement, the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law. The Committee therefore considers that obligations of this kind are incompatible with the Convention.

The Committee would be grateful if the Government would provide information on the criteria followed with regard to the acceptance or refusal of resignation and to provide information on progress in the revision of the General Conditions of Employment of the Public Service.

2. In its previous comments, the Committee noted the Government's indication that the revision of the Penal Code would take account of new forms of exploitation, including certain situations of slavery-like situations such as household employment of children without any particular status and without adequate remuneration.

In its last report, the Government indicates that unlawful wages are still the most widespread form of exploitation of child labour.

The Committee also notes the information contained in the report submitted by Burkina Faso under Article 44 of the Convention on the rights of the child (CRC/C/3/add.19, paragraphs 9 and 10) in which the Government indicates that it is difficult to keep a check on the limits of the employment of young people at home, in the family and in the community in a difficult social and economic context, both for young people and adults, and that, Burkina Faso being an agricultural and an underdeveloped country, children are frequently called on at an early age to work long hours often in activities which are beyond their strength.

The Committee notes this information. It also notes Order No. 539/ITLS/HV of 29 July 1954 concerning child labour in all establishments of whatever nature and in households, which contains detailed provisions to ensure the protection of working children, and Order No. 545/GTL/HV of 2 August 1954 which prohibits the employment of children under the age of 14 for more than four-and-a-half hours in all per day.

The Committee asks the Government to provide detailed information on any measures taken to ensure that effect is given to the provisions of the above-mentioned Orders.

In its last report, the Government also indicates that work on the revision of the Penal Code has reached a very advanced stage. The Committee asks the Government to report on the progress of the revision and to provide a copy of the Code as soon as it has been adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Freedom of persons in the service of the State to leave their employment. The Committee noted previously that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Conditions of Employment of the Public Service, which repeals ZATU No. AN IV-011bis CNR-TRAV of 25 October 1986, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions, despite a refusal by the competent authority, before the explicit acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties.

The Committee asked the Government to supply information on the practice followed as regards the acceptance or rejection of resignation requests submitted by public servants.

The Committee noted the information in the Government's report for the period ending 30 June 1991 to the effect that dismissal for abandoning one's duties is subject to issuance of a formal notice and that the administration generally allows the employee a period of time within which to return to his post. The Government stated that in practice requests to leave the public service were rare and the administration usually accepted them.

The Committee again refers to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, in which it points out that persons in the service of the State should have the right to leave the service on their own initiative, either at specified intervals, or with previous notice. The Committee again asks the Government to indicate the measures that have been taken or are envisaged to ensure that persons in the service of the State are free to leave their employment within a reasonable period, so as to bring the legislation into conformity with the Convention and the practice indicated.

2. Article 25 of the Convention. The Committee had noted the written information submitted by the Government to the United Nations Working Group on Contemporary Forms of Slavery at its 17th Session (doc. E/CN-4/Sub.2/1992/5/Add.2). The Committee noted the Government's indication that within the context of the campaign against the exploitation of child labour and the prostitution of children, action had been taken, in particular, to improve awareness of certain slavery-like situations such as the household employment of young girls or boys without any particular status and without consistent remuneration, and the exploitation by procurers of immigrant girls. The Government also drew attention to the persistence of the practice of forced marriage and of the obligation imposed on certain married women to work in order to reimburse the excessive dowry which their husbands had had to pay, despite provisions in the Civil Code prohibiting the dowry as a basic condition for marriage.

The Committee noted the Government's indications that the provisions of the 1946 Penal Code were not applied in practice. The Committee noted, however, with interest that the new Penal Code which was due to enter into force in the near future would take account of the new forms of exploitation, particularly with respect to children.

The Committee again asks the Government to provide a copy of the revised Penal Code as soon as it has been adopted. Meanwhile, it would appreciate information on the practical measures taken to combat the forms of exploitation mentioned by the Government, particularly the exploitation of children by forced labour, together with particulars of inspections, prosecutions, convictions and of programmes to assist the victims of exploitation. The Committee recalls in this connection that under Article 25 of the Convention, forced labour is punishable as a penal offence and that the Government has the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information supplied by the Government in its report.

1. Freedom of persons in the service of the State to leave their employment. The Committee noted previously that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Conditions of Employment of the Public Service, which repeals ZATU No. AN IV-011bis CNR-TRAV of 25 October 1986, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions, despite a refusal by the competent authority, before the explicit acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties.

The Committee asked the Government to supply information on the practice followed as regards the acceptance or rejection of resignation requests submitted by public servants.

The Committee notes the information in the Government's report to the effect that dismissal for abandoning one's duties is subject to issuance of a formal notice and that the administration generally allows the employee a period of time within which to return to his post. The Government adds that in practice requests to leave the public service are rare and the administration usually accepts them.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, in which it points out that persons in the service of the State should have the right to leave the service on their own initiative, either at specified intervals, or with previous notice. The Committee asks the Government to indicate the measures that have been taken or are envisaged to ensure that persons in the service of the State are free to leave their employment within a reasonable period, so as to bring the legislation into conformity with the Convention and the practice indicated.

2. Article 25 of the Convention. The Committee has noted the written information submitted by the Government to the United Nations Working Group on Contemporary Forms of Slavery at its 17th Session (doc. E/CN-4/Sub.2/1992/5/Add.2). The Committee notes the Government's indication that within the context of the campaign against the exploitation of child labour and the prostitution of children, action has been taken, in particular, to improve awareness of certain slavery-like situations such as the household employment of young girls or boys without any particular status and without consistent remuneration, and the exploitation by procurers of immigrant girls. The Government also draws attention to the persistence of the practice of forced marriage and of the obligation imposed on certain married women to work in order to reimburse the excessive dowry which their husbands have had to pay, despite provisions in the Civil Code prohibiting the dowry as a basic condition for marriage.

The Committee notes the Government's indications that the provisions of the 1946 Penal Code are not applied in practice. The Committee notes, however, with interest that the new Penal Code which is due to enter into force in the near future takes account of the new forms of exploitation, particularly with respect to children.

The Committee asks the Government to provide a copy of the revised Penal Code as soon as it has been adopted. Meanwhile, it would appreciate information on the practical measures taken to combat the forms of exploitation mentioned by the Government, particularly the exploitation of children by forced labour, together with particulars of inspections, prosecutions, convictions and of programmes to assist the victims of exploitation. The Committee recalls in this connection that under Article 25 of the Convention, forced labour is punishable as a penal offence and that the Government has the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report.

Freedom of persons in the service of the State to leave their employment. The Committee notes that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988, issuing the General Conditions of Employment of the Public Service, which repeals ZATU No. AN IV-011 bis CNR-TRAV, of 25 October 1986, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service, who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions despite a refusal by the competent authority, before the explicit acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties.

The Committee requests the Government to indicate the consequences resulting from dismissal for abandoning one's duties, particularly as regards pension rights, and to supply information on the practice that is followed as regards the acceptance or rejection of resignation requests submitted by public servants.

In this connection, the Committee notes the information that incentives for the voluntary departure of public servants are being planned by the Government. The Committee requests the Government to supply information on the measures that are planned or have been adopted in this respect and on the impact of these measures on the application of the provisions respecting resignation contained in the General Conditions of Employment of the Public Service.