Report in which the committee requests to be kept informed of development - Report No 246, November 1986

Case No 1266 (Burkina Faso) - Complaint date: 10-MAR-84 - Closed

1. 141. The Committee examined this case at its meetings in November 1984 and 1985 when it submitted interim reports to the Governing Body. (See 236th Report of the Committee, paras. 553 to 578 and 241st Report, paras. 649 to 687.)
2. 142. Since the last examination of the case, in a communication dated 14 April 1986, the Government of Burkina Faso invited the ILO to verify on the spot the industrial relations situation in Burkina Faso. At its meeting of June 1986, the Committee welcomed the fact that the Government was willing to receive a mission in the country and decided to adjourn this case pending the results of this mission. (See 244th Report, para. 11.)
3. 143. Arrangements were therefore made to send a direct contacts mission to Burkina Faso at the end of September 1986. The Director-General appointed Mr. B. Gernigon, Deputy Chief of the Freedom of Association Branch as his representative to undertake this mission. The mission visited Ouagadougou between 22 and 30 September 1986. During the direct contacts mission, the representative of the Director-General was accompanied by Mrs. A.J. Pouyat, an official of the Freedom of Association Branch. Mr. A. Malu, Regional Adviser on International Labour Standards, had previously made the necessary contacts to prepare the mission. The mission report is annexed to the present report. (Appendix I.)
4. 144. Since the return of the mission, a further communication from the Government dated 1 October 1986, was received.
5. 145. Burkina Faso has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87) and the Right to Organise and Collective Bargaining Convention, 1949(No.98).

A. Previous examination of the case

1. 146. The allegations referred, firstly, to the internment, on the orders of the administrative authorities, of four trade union leaders of the National Union of African Teachers of Upper Volta (SNEAHV) and, secondly, to the dismissal of some 2,600 teachers for having participated, in March 1984, in a 48-hour strike carried out by teachers in solidarity with their imprisoned leaders. Furthermore, the Government had proceeded to recruit workers to replace the striking teachers and had published a circular prohibiting the recruitment of the latter by private establishments. Furthermore, it was alleged that the Government had encouraged the holding of an extraordinary congress of SNEAHV from 28 to 30 August 1984, during which an unlawful executive was allegedly elected.
2. 147. The Government, in its written replies, had not denied having ordered the internment of trade union officials and the dismissal of striking teachers, but it had explained that the measures had been motivated by political rather than trade union activities and by the putschist and reactionary nature of the strike. As proof, it had sent a copy of the resolution of the SNEAHV congress of 7 August 1983, in which the union harshly criticised the action of the Government.
3. 148. The complainants, in a communication of 28 March 1985, had pointed out that although the Government had begun to reinstate approximately 100 of the 2,600 persons dismissed, the teachers who were permitted to return to their posts had been made to undergo a political examination as a condition of their reinstatement, as was shown by a photocopy of the application form for readmittance in the public service of Burkina Faso, attached to the documentation. This documentation also referred to the prohibition applied to the dismissed teachers of exercising a trade union activity once they had lost the status of teacher and, thus, that of a member of the teachers' trade union.
4. 149. The Government, in a communication of 29 May 1985, replied that self criticism had been expressed by 500 teachers who recognised that they had been manipulated by a leadership which had involved them without their knowledge or pressured them in a political struggle against the democratic revolution and that SNEAHV, meeting in a congress in August 1984, had changed its name and leadership and would henceforth be called the National Trade Union of Teachers of Burkina Faso (SNEB), since the militant workers had condemned the activities of the former leadership.
5. 150. In a subsequent communication dated 18 July 1985, the complainants stated that two of the four trade unionists arrested had been released without being tried on 17 June 1985, after 16 months of detention. At the time, the two other trade unionists, namely Jean Pagnimda Bila, Secretary-General of the complainant trade union, and Batiémoko Kome, Secretary responsible for pedagogical problems, were still being held.
6. 151. At its last examination of the case, the Committee noted that two of the interned trade union officials had been released and it urged the Government to release the two other trade union leaders who were still being held in administrative detention and to reinstate all the dismissed teachers. Furthermore, it urged the Government to restore and guarantee, both to the teachers who took part in the strike who had not yet been reinstated and to those who had been forced to sign declarations of loyalty, the right to participate fully in trade union activities in the defence of their economic and social interests. Finally, it requested the Government to supply it with the record of the extraordinary congress of SNEAHV held in August 1984.

B. Written information communicated by the Government

1. 152. In a telegram dated 1 October 1986, the Government states that, following the visit of the ILO mission, the Council of Ministers of 1 October lifted the prohibition on recruiting dismissed striking teachers in private and other teaching establishments.

C. The Committee's conclusions

1. 153. The information gathered by the representative of the Director-General during the course of the mission which is contained in the mission report annexed to the present report, enables the Committee to proceed directly to formulate its conclusions on the various aspects of the case.
2. 154. The Committee considers, first of all, that the detailed report of the representative of the Director-General demonstrates the usefulness of missions of this kind in making an in-depth and objective analysis of complaints.
3. 155. The Committee welcomes in particular the spirit of co-operation shown by the Government which gave every assistance to the mission. In particular, the Committee notes with satisfaction that the mission was able to obtain all the information required and to meet all the persons whom it wished to interview to ensure the satisfactory accomplishment of its task.
4. 156. As regards the substance of the case, which concerns the internment by the administrative authorities of four officials of SNEAHV, the Committee notes with interest that all these persons were released more than one year ago. However, the fact remains that these officials were held in detention in a military camp at Koudougou or at the Ouagadougou gendarmerie, that the conditions of their detention deteriorated during the seven months following the declaration of the teachers' strike and that they were released only after 16 or 18 months of detention in June or August 1985 respectively.
5. 157. The Committee also notes that the Government stated to the mission that the arrest of these trade union officials was motivated by the politicisation of the trade union movement and, in particular, of the teachers' trade union movement. Indeed, according to the Government, when the National Council of the Revolution took power on 4 August 1983, the SNEAHV, meeting in its congress at Bobo Dioulasso, adopted a resolution condemning the new Government of Captain Sankara, accusing it of fascist activities and calling on the people of Upper Volta to distance themselves from the National Council of the Revolution. On the other hand, the arrested officials who have now been freed claim that they were arrested because they had retained a majority in the congress of Bobo Dioulasso against a minority which supported the new Government and that they had to defend themselves publicly against the attacks of this minority by signed tracts. The Committee therefore observes that the versions of the Government and the complainants are contradictory although it notes that the Government did not refer to specific subversive activities committed by the persons concerned before their detention, even though it considered that the strike of 20 and 21 March 1984 which occurred after their arrest was a demonstration of hostility to the regime of the National Council of the Revolution.
6. 158. In these circumstances, the Committee recalls that any person against whom preliminary judicial proceedings are taken must be considered innocent until found guilty and it deplores the detention for several months of trade union leaders against whom no charges were brought.
7. 159. As regards the dismissal of the striking teachers, the Committee notes that the Government admitted that 1,380 teachers, whose names were published in the Official Gazette, were dismissed following the two-day strike of 20 and 21 March 1984. It explained to the mission that on 13 February 1985, 100 teachers were reinstated and that on 20 October 1985, the National Council of the Revolution announced further reinstatements in application of a procedure to request readmission in the public service which included an information report card on the social behaviour of the applicants concerned. Following the implementation of this procedure, 800 requests were made by the teachers and 250 were accepted on 15 January 1986. The teachers who were thus reinstated were reappointed at their former grade but with their salaries being determined by the scale applicable to temporary teachers, whose salaries are significantly lower, for a trial period of three months. Finally, some 20 teachers were recruited as proof-readers in the information sector. The Government furthermore pointed out that some teachers had found other employment and did not wish to return to teaching.
8. 160. The Government declared that it intended to continue to reinstate teachers who had made applications but it stressed that these persons were also expected to make an effort to correct their behaviour and integrate themselves. Furthermore, the authorities are faced with two major problems: difficulties of a budgetary nature and the impossibility of dismissing teachers recruited to replace the dismissed strikers.
9. 161. Finally, the Committee notes with interest that following the visit of the mission the Council of Ministers lifted the prohibition on the recruitment of dismissed teachers in private and other teaching establishments.
10. 162. The Committee observes, however, that it appears from the information gathered by the mission that a large number of teachers have not yet been reinstated, that reinstatements are made subject to the presentation of a declaration of loyalty, the approval of the Revolutionary Defence Committees (CDRs) and lower wage scales during the trial period. It also notes that the dismissed teachers and their dependants have lost their pension rights. The Committee, while taking note of the assurances given by the Government concerning its intentions as regards the reinstatement of the teachers, trusts that the Government will continue its efforts towards the full and complete reinstatement of all the teachers who wish to return to their posts. It insists on the importance which it attaches to the removal of the provision concerning the declaration of loyalty required for reinstatement. It also expresses the firm hope that, as the Government has stated, the situation of the dismissed teachers and their dependants as regards pension rights will be examined favourably. The Committee requests the Government to keep it informed of any developments which may occur in this respect.
11. 163. As regards the extraordinary congress of SNEAHV, which was held in Ouagadougou between 28 August and 1 September 1984, the Committee observes that the mission was provided on the spot with a copy of the record of this meeting during which the former leadership of SNEAHV was criticised. A new executive was elected comprising two officials of the National Bureau of SNEAHV who had disassociated themselves from the strike movement and the name of the trade union was changed to the National Trade Union of Teachers of Burkina Faso (SNEB). At their congress the leaders of SNEB expressed their intention of negotiating the reinstatement of the dismissed teachers with the Government. Subsequently, on 21 November 1984, the transfer of power from the outgoing leadership of SNEAHV to the new SNEB executive took place in the presence of a representative of the Inspectorate of Labour and Social Security.
12. 164. The Committee however observes with regret that, according to the information gathered during the mission, only a small number of former members of SNEAHV participated in the work of this congress, since the dismissed teachers had been deprived by their dismissal of the right to participate. Indeed, under the terms of the statutes of SNEAHV, only active teachers are members of the trade union. Furthermore, when the congress opened, the Government informed the dismissed teachers that they could not pursue their trade union activities. It must therefore be concluded that the dismissed teachers could no longer join a trade union organisation which would defend and promote their interests. In this connection, the Committee recalls that the loss of a person's trade union status as a result of dismissal for strike activities is contrary to the principles of freedom of association. The Committee therefore considers that all members and officials of SNEAHV who lost their status as trade unionists following their dismissal should have the right to participate in the activities of the trade union of their choice in the defence of their interests.
13. 165. In this connection, the Committee notes in addition that some officials of SNEAHV who had been arrested were received by the Minister of Labour, Social Security and the Public Service and that the Minister, following a suggestion from the mission, had even accepted the principle of a meeting with them to discuss specific measures to be taken on behalf on the dismissed teachers.

The Committee's recommendations

1. 166. In these circumstances, the Committee recommends the Governing Body to approve the present report, and in particular the following conclusions:
   • a) The Committee welcomes the spirit of co-operation shown by the Government in this matter and all the facilities provided to the mission which was able to obtain all the information which it required and to meet all the persons whom it wished to interview.
   • b) The Committee notes with interest that the trade union officials who had been interned by the administrative authorities were released more than one year ago. However, since they were not charged with any specific subversive act, the Committee can only deplore that they were held in detention for a period of many months. The Committee therefore draws the attention of the Government to the principle that any person against whom preliminary judicial proceedings are taken should be presumed innocent until his guilt has been established.
   • c) The Committee also notes with interest that the authorities have publicly stated on several occasions that they intend to proceed to the reinstatement of the dismissed teachers. It notes, in particular, that in 1985 and 1986 350 teachers were reinstated and that 20 others were recruited in the information sector. It also notes with interest that the Council of Ministers has just lifted the prohibition on the recruitment of the dismissed teachers in private and other teaching establishments.
   • d) The Committee notes that a large number of teachers have not yet been reinstated and that the reinstatements are made subject to a declaration of loyalty, lower wage scales during a probationary period and the cancellation of the pension rights of the teachers concerned. The Committee trusts that the Government will continue its efforts towards the complete reinstatement of all the dismissed teachers who wish to return to their posts. It draws the attention of the Government to the importance which it attaches to the removal of the provision concerning a declaration of loyalty as a prior condition to their reinstatement and to the need to re-examine favourably the situation of dismissed teachers and their dependants as regards pension rights. It requests the Government to keep it informed of any developments which occur in this regard.
   • e) The Committee regrets that the congress of August 1984, which changed the name of SNEAHV to SNEB, included only a small number of former members of SNEAHV since the trade unionists who had been dismissed for strike activities could not participate in this congress. Noting that the Government had informed the dismissed teachers when the congress opened that they could no longer exercise their trade union activities, the Committee recalls that all the members and officials of SNEAHV who lost their trade union status as a result of their dismissal should have the right to participate in the activities of the trade union of their choice in the defence of their interests.

APPENDIX I

1. REPORT ON THE DIRECT CONTACTS MISSION CARRIED OUT IN BURKINA FASO
2. (23-30 September l986)
3. (Case No. 1266)
4. Introduction
5. In communications dated March 1984, the National Union of African Teachers of
6. Upper Volta (SNEAHV) and the World Confederation of Organisations of the
7. Teaching Profession (WCOTP) made complaints of violation of freedom of
8. association against the Government of Upper Volta, which has since become the
9. Government of Burkina Faso.
10. On the basis of these complaints, the supplementary information sent by the
11. complainant organisations and the written replies from the Government, in
12. March and June 1984 and in May 1985, the Committee on Freedom of Association
13. examined the case in question on two occasions (in November 1984 and November
14. 1985) and at both of its meetings reached interim conclusions (see 236th
15. Report, paras. 553 to 578, and 241st Report, para. 649 to 687, approved by the
16. Governing Body at its 228th and 231st Sessions, respectively).
17. On 14 April 1986, the Minister of Labour, Social Security and the Public
18. Service sent a letter to the Director-General inviting him to send a mission
19. to Burkina Faso to verify "on the spot the industrial relation situation".
20. At its meeting of May 1986, the Committee on Freedom of Association welcomed
21. the fact that the Government was ready to accept a direct contacts mission and
22. decided to postpone the examination of Case No. 1266 pending the results of
23. this mission which it hoped could take place within the near future.
24. The Director-General appointed Mr. Bernard Gernigon, Deputy Chief of the
25. Freedom of Association Branch, and Mrs. Anna Juliette Pouyat, an official in
26. this same branch, to carry out the mission which took place between 23 and 30
27. September 1986. Just before the beginning of the mission, Mr. Anatole Malu,
28. Regional Adviser on Standards, who was at Ouagadougou, established the
29. necessary contacts to prepare the mission and ensure the satisfactory
30. completion of its task.
31. During its visit to Burkina Faso, the mission had several interviews with Mr.
32. Fidèle Toé, Minister of Labour, Social Security and the Public Service, Mr.
33. Pierre Béléko Kaboré, Central Director of Labour, Employment and Social
34. Security, and Mr. Hama Diallo, labour director.
35. The mission also met delegations of the different trade union confederations
36. of workers which exist in the country, namely the National Confederation of
37. Workers of Burkina Faso (CNTB), the National Organisation of Free Trade Unions
38. (ONSL), the Trade Union of Workers of Burkina Faso (USTB), the Trade Union
39. Confederation of Burkina Faso (CSB) and the Trade Union Front, which groups
40. various autonomous organisations.
41. The mission also had several interviews with officials of the National Union
42. of African Teachers of Upper Volta (SNEAHV), the complainant national
43. organisation in the present case. Finally, it held a meeting with a joint
44. delegation of the National Trade Union of Teachers of Burkina Faso (SNEB) and
45. the National Trade Union of Secondary Education (SNES). A list of the persons
46. interviewed by the mission is appended to the present report.
47. The mission would like to place on record that it received the fullest
48. collaboration from all the persons whom it interviewed. It was able to
49. complete its task freely and independently and received every assistance in
50. carrying out its work on the spot from the Government of Burkina Faso.
51. Situation of the case pending before the Committee on Freedom of Association
52. prior to the mission
53. The allegations pending before the Committee on Freedom of Association
54. referred firstly to the arrest, in March 1984, and the internment by the
55. administrative authorities of four officials of the National Union of African
56. Teachers of Upper Volta (SNEAHV) following a resolution adopted by the
57. congress of this trade union on 7 August 1983 which strongly criticised the
58. proclamation of the National Council of the Revolution which had taken power
59. three days before. In order to obtain the release of the SNEAHV officials, the
60. trade union had organised a protest and warning strike on 20 and 21 March
61. 1984. The National Council of the Revolution had then responded by dismissing,
62. on 21 March 1984, all the teachers who had participated in the strike (a total
63. of 2,600 according to the complainants) and by publishing on 24 April 1984 a
64. circular from the Ministry of National Education, Arts and Culture which
65. prohibited the recruitment of the dismissed teachers by private
66. establishments. The Government had pointed out that the officials arrested
67. were guilty of political and putschist intrigues.
68. Subsequently, about 100 teachers had been reinstated after signing
69. declarations of loyalty and two of the arrested officials were released in
70. June 1985 after 16 months in detention. Lastly, the allegations referred to
71. the holding of an extraordinary congress of SNEAHV in August 1984 which had
72. changed the name of the organisation to the National Trade Union of Teachers
73. of Burkina Faso (SNEB) and proceeded to the election of its executive bodies
74. without it being possible for the dismissed teachers to participate. The
75. Government had noted in this respect that SNEAHV no longer existed not because
76. the Government had ordered its administrative dissolution but because the
77. congress of the organisation had thus decided. At its last examination of the
78. case in November 1985, the Committee on Freedom of Association had made an
79. urgent appeal to the Government to release the two other officials still being
80. interned and to reinstate all the dismissed teachers. It had furthermore urged
81. the Government to restore and guarantee the right of the dismissed teachers
82. and of those who had been reinstated to participate fully in trade union
83. activities in the defence of their economic and social interests. Finally, it
84. had requested the Government to furnish the record of the extraordinary trade
85. union conference of August 1984.
86. Information obtained during the mission
87. a) Arrest and internment of four officials of SNEAHV
88. It was confirmed to the mission both by the governmental authorities and by
89. three of the arrested officials (Messrs. Bila, Sib and Kindo; the fourth Mr.
90. Komé, currently residing in the Ivory Coast) that Mrs. Jean Pagnindma Bila,
91. general secretary of SNEAHV, Bahiéba Joachim Sib, secretary for external
92. relations, and Batiémoko Komé, secretary responsible for pedagogical problems,
93. had been arrested on 9 March 1984. The other official, Ismaël Ousmane Kindo,
94. deputy general secretary of SNEAHV, had also been arrested on 13 March 1984
95. following a visit to the gendarmarie. They were then taken to the barracks of
96. the airborne infantry batallion at Koudougou, 100 km from Ouagadougou. Mr.
97. Batiémoko Komé was released shortly afterwards since the Minister for Defence,
98. had recognised that he was pursuing "purely trade union" activities, although
99. he was once again interned on 3 April 1984 in the Ougadougou gendarmarie. Two
100. of the interned officials, Ismaël Ousmane Kindo and Bahiéba Joachim Sib, were
101. released on 17 June 1985 and the other two officials, Jean Pagnindma Bila and
102. Batiémoko Komé, were released on 6 August 1985.
103. On the reasons for these arrests, the Minister of Labour explained to the
104. mission that it was necessary to examine these measures in the context of the
105. politicisation of the trade union movement of Burkina Faso and in particular,
106. the teachers' trade union movement. For example, SNEAHV organised a 54-day
107. strike in 1980 which led to the fall of the regime then in power. When the
108. National Revolutionary Council took power on 4 August 1983, SNEAHV was holding
109. its congress at Bobo-Bioulasso. According to the Minister, the officials of
110. SNEAHV would have preferred power to be seized by the political party to which
111. they were close. They secured the adoption by the congress of a motion
112. condemning the new Government of Captain Sankara and even accusing it of
113. fascist practices and made an appeal to the people of Upper Volta to distance
114. itself from the National Revolutionary Council. According to the arrested
115. officials, the measures taken against them were adopted because they had
116. obtained a majority in the Bobo-Dioulasso congress of August 1983 against a
117. minority which supported the new Government. Since they had been constantly
118. attacked by this minority group, they had to defend themselves publicly by
119. signed tracts and were finally arrested after they were warned one week before
120. their detention that they would be imprisoned if they continued their
121. activities.
122. The three officials of SNEAHV who had been arrested were interviewed by the
123. mission and explained that the conditions of their detention had been
124. satisfactory up until the time of the strike of 20 March. They shared the same
125. food as the soldiers and could receive visits from their families and friends.
126. After the two days of the strike, conditions changed and for a period of seven
127. months they could no longer receive any visits or letters. They were placed on
128. a strict military diet. Although they did not suffer any physical
129. restrictions, their living conditions were wretched and they had to be taken
130. to hospital on several occasions for examination. The conditions of their
131. detention improved after the first ministerial reshuffle and they were able
132. once again to receive visits by turns from their families and to listen to the
133. radio.
134. Since their release, they have enjoyed freedom of movement within the
135. country, although some were summoned to the Criminal Investigation Department
136. on two occasions for interrogations concerning their activities and their
137. residences are under surveillance. On the other hand, travel abroad is more
138. difficult. Thus, Mr. Sib was refused a request to leave the country and Mr.
139. Bila was able to obtain his passport only a few hours before his departure at
140. the end of February 1986 for Berlin where he was to attend a congress of the
141. World Federation of Teachers' Unions (WFTU).
142. b) Dismissal of striking teachers
143. Following the 48-hour strike organised by SNEAHV on 20 and 21 March 1984, the
144. National Revolutionary Council broadcast a radio and television announcement
145. on 23 March a statement of the dismissal of all teachers who had participated
146. in the strike. According to the authorities, this strike which was declared
147. without advance notice had the same objectives as the strike of 1980 which had
148. resulted in a change of government. According to the SNEAHV, on the other
149. hand, the strike was intended as an act of warning and protest against the
150. arrests of its officials.
151. The estimate of the number of teachers affected by these dismissals varies
152. according to those interviewed by the mission. According to the Minister of
153. Labour, 1,380 teachers were dismissed, and their names were published in the
154. Official Gazette on 3 May 1984. In support of this statement, the Minister of
155. Labour provided the mission with a document dated 1 April 1984 from SNEAHV
156. itself containing a balance sheet of the number of participants in the strike.
157. According to these statistics - which it was stated however were only partial
158. since some local branches had not yet sent in their information - the number
159. of strikers was put at 1,343. The Minister of Labour thus totally rejects the
160. claim by SNEAHV that the total number of workers dismissed was 2,600. The
161. National Trade Union of Teachers of Burkina Faso for its part puts the number
162. of dismissed teachers at 1,396.
163. According to the officials of SNEAHV, the difference in numbers between the
164. 2,600 dismissals which they claim - i.e. approximately half the membership of
165. the trade union - and those on the list published in the Official Gazette is
166. to be explained by the fact that dismissals were made by individual
167. notification before publication. This argument is rejected by the Minister of
168. Labour who maintains that all the dismissals made as a result of the strike
169. were officially published. Whatever the case may be, the officials of SNEAHV
170. indicated to the mission that they were ready to discuss the reinstatement of
171. the dismissed teachers on the basis of the official number of dismissals.
172. Following these dismissals, the Minister of National Education, Arts and
173. Culture sent a circular on 24 April 1984 to the directors of primary and
174. secondary private schools inviting them not to use the services of any
175. striking teacher in their establishments.
176. The dismissed teachers were replaced on 16 April 1984 by "revolutionary
177. teachers" recruited, according to the SNEAHV officials, on the basis of their
178. beliefs and political views and who had not received any pedagogical training.
179. After the Minister of the Interior had notified the dismissed teachers that,
180. as a result of their dismissal, they had lost their status as trade union
181. members and thus the right to participate in trade union activities, the
182. teachers concerned set up an ad hoc committee of dismissed teachers comprising
183. eight members. On 23 January 1985, this committee sent a letter to the Head of
184. State recalling that he had decided to take measures of clemency on 4 August
185. 1984, but that no effect had so far been given to this statement.
186. On 13 February 1985, 100 of the dismissed teachers were readmitted to the
187. public service. The reinstated teachers did not include any senior officials
188. of the National Education Service (pedagogical advisers or inspectors).
189. On 2 October 1985, the Minister of Popular Defense, on behalf of the National
190. Revolutionary Council announced, that a new batch of dismissed teachers would
191. be reinstated. Applicants seeking reinstatement would have to present a
192. request which included in particular a card on which the Revolutionary Defence
193. Committee (CDR) of the place of residence of the applicant had to provide
194. information on the social behaviour of the person concerned (participation in
195. general assemblies of the CDR and in work of public interest). Furthermore,
196. the local CDR was required to give its opinion on the reinstatement, as were
197. the departmental CDR and the prefect, the regional CDR and the High
198. Commissioner and, finally, the National CDR General Secretariat. The final
199. decision on the reinstatement would be taken by the Council of Ministers. In
200. addition to this information card, the applicant would have to complete a form
201. in which he recognised that he deserved the penalty imposed and undertook to
202. be guided by the political orientation speech of 2 October. The Minister of
203. Labour pointed out to the mission that, following the introduction of this
204. procedure, 800 requests for reinstatement had been made by the teachers and of
205. these, approximately 250 were granted on 15 January 1986. The list of teachers
206. reinstated was published in Kiti No. 86-038 CNR/PRES of 13 February 1986. The
207. teachers who were thus reinstated were re-employed at their former grade,
208. although at the salary scales applicable to temporary teachers recruited under
209. development programmes and which are significantly lower than the normal
210. rates. The Minister of Labour pointed out in this respect that the teachers
211. had been re-employed for a probationary period of three months and that it was
212. only after this period that the teachers would receive their normal salaries
213. subject to satisfactory performance and on completion of this year's
214. participation in the development programmes.
215. In addition to these reinstatements in the education sector, approximately 20
216. teachers were recruited as proof-readers in the information sector. According
217. to the Minister of Labour, the number of requests for reinstatement was lower
218. than the number of dismissed teachers, because some persons have found
219. employment in the private sector, in non-governmental organisations or abroad
220. and do not wish to return to the teaching profession. According to the SNEAHV
221. officials, however, this difference is explained by the refusal of many
222. teachers to sign the declarations of loyalty and not by the fact they do not
223. wish to be reinstated.
224. Furthermore, the SNEAHV officials pointed out to the mission that of the
225. teachers who, according to the Government, have been reinstated the
226. applications of approximately 20 were finally refused. These were officials of
227. SNEAHV and senior teaching officials.
228. When the Minister of Labour was asked by the mission about the intentions of
229. the Government concerning the situation of teachers who have not yet been
230. reinstated, he pointed out that the authorities had stated publicly, on
231. several occasions, that it was their intention to proceed to their
232. reinstatement. However, there were two major problems with this: difficulties
233. of a budgetary nature on the one hand and the impossibility of dismissing the
234. teachers recruited to replace the dismissed teachers on the other.
235. As regards the measures envisaged at the beginning of the new school year in
236. 1986, the Minister of Labour pointed out, and this was confirmed by the trade
237. union organisations, that 1,400 posts will be vacant in primary schools since
238. many new school establishments have been built and that 247 teachers will also
239. be required in the secondary schools. Some of these posts will be filled
240. through the National Popular Service, a sort of civic service which young men
241. and women are required to perform. However, the Minister was not able to say
242. what proportion of vacancies would be filled in this manner. He estimated that
243. dismissed teachers could be reinstated in the provinces, a procedure which in
244. the view of the SNEAHV officials would not be a solution since teachers
245. recruited in this way are generally not paid.
246. All the trade union organisations which the mission met expressed their
247. support for reinstatement, in the first place, as a matter of principle
248. because they believed that these sanctions were taken unjustly as a result of
249. strike action and, secondly, for reasons concerning the quality of teaching,
250. which has according to these organisations deteriorated since the dismissals.
251. The delegation of the National Trade Union of Teachers of Burkina Faso (SNEB)
252. also supported reinstatement and pointed out that the extraordinary congress
253. of August 1984 had adopted a resolution to this effect and that the SNEB had
254. written to the Chief of State in October 1984 on this subject.
255. Given the arguments concerning budgetary restrictions which could slow down
256. the reinstatement process, the inter-occupational trade union confederations
257. believed that the important point was for the Government to demonstrate its
258. political will to reinstate the teachers concerned. Indeed, according to these
259. confederations, solutions could be found to resolve the financial
260. difficulties: the temporary halting of training of new teachers, the use of
261. revolutionary teachers in other sectors of activity such as agriculture or the
262. gendarmaries, the retirement of older teachers, etc.
263. All these matters were raised, in particular, during the four meetings
264. between the National Confederation of Workers of Burkina Faso and a group set
265. up by the National Revolutionary Council of which the Minister of Labour is a
266. member, to maintain contacts with the trade union organisations. As regards
267. these statements by the trade union organisations, the Minister of Labour
268. reaffirmed the desire of the Government to find a solution to the problem of
269. the dismissed teachers but he pointed out that the teachers themselves would
270. also have to make an effort to correct their ways and integrate themselves
271. into a noble venture which was being undertaken in the interest of the masses.
272. The solutions proposed for overcoming the budgetary restictions presented
273. certain difficulties: the training of new teachers is financed under a
274. programme of the World Bank and it is not certain that revolutionary teachers
275. would be better employed in sectors other than that of education.
276. Finally, the SNEAHV officials pointed out to the mission that the dismissed
277. teachers, once they reach retirement age, and the widows of dismissed
278. teachers, could not receive the pensions to which they were entitled. In
279. support of their argument they included a letter from the General Co-ordinator
280. of the Presidency of Burkina Faso of August 1986 which stated that all the
281. teachers dismissed for strike action would have no right to pensions or to the
282. reimbursement of pension contributions.
283. c) Extraordinary congress of August 1984
284. The mission received the records of the work of the extraordinary congress of
285. SNEAHV which was held in Ouagadougou from 28 August to 1 September 1984.
286. During the congress, the former leadership of SNEAHV was strongly criticised
287. for its political activities. A new executive was elected comprising two
288. former members of a previous SNEAHV executive who had disassociated themselves
289. from the protest movement of 20 and 21 March 1984, Messrs. Flatré Victor Sanfo
290. and Augustin Gampene. The name of the trade union was changed to the National
291. Trade Union of Teachers of Burkina Faso (SNEB), in accordance with the
292. ordinance relating to the change in the name and symbols of the nation.
293. Furthermore, the SNEB expressed its intention to negotiate with the National
294. Revolutionary Council to ensure the reinstatement of the maximum number of
295. teachers and thus resolve the social consequences of these dismissals and
296. permit a more effective pedagogical staffing.
297. Following the congress, on 21 November 1984, there was a transfer of power
298. from the outgoing leadership (SNEAHV) to the new leadership (SNEB) in the
299. presence of a representative of the inspectorate for labour and social
300. security.
301. In their discussions with the mission, the officials of SNEAHV questioned the
302. legality of this congress in which the dismissed teachers could not
303. participate. On the other hand, the list of delegates included revolutionary
304. teachers who had replaced the striking teachers and who were not even yet
305. established officials of the public service.
306. According to the officials of SNEAHV, 227 delegates attended the congress, of
307. whom only 30 were former teachers, and 197 revolutionary teachers. In the view
308. of the SNEAHV teachers, the SNEB does not therefore exist and they request
309. that the national executive of SNEAHV be allowed to resume its activities and
310. recover the SNEAHV archives which are currently held by the SNEB executive.
311. They question the sincerity of the call made by SNEB for the reinstatement of
312. the dismissed teachers since the general secretary said, during the congress,
313. that he would not "play the devil's advocate for anyone". In the view of the
314. SNEAHV officials, the SNEB was obliged to call for the reinstatement of the
315. teachers in order to give an appearance of credibility to the organisation in
316. the eyes of the public. They noted in this respect that SNEB waited until the
317. ILO mission had come to Burkina Faso before calling attention to its existence
318. by the publication of the work of its congress which was held more than two
319. years ago.
320. The number of delegates claimed by the SNEAHV officials was contested by the
321. general secretary of SNEB who told the mission that the congress had been
322. attended by approximately 500 participants who included both teachers who had
323. not been dismissed and newly recruited teachers.
324. The other trade union organisations stated that they did not contest the
325. existence of SNEB although they maintain no relations with this trade union.
326. In their view it is a minority organisation and they believe that it is not
327. normal that SNEAHV should be prohibited from carrying out its activities and
328. holding meetings.
329. According to the Minister of Labour the changes which occurred within the
330. teachers' trade union were an expression of the wishes of the grass-roots
331. members and of their desire to denounce the manoeuvres of the former
332. leadership. The Government did not interfere in this internal matter of the
333. trade union and accorded no favourable treatment to SNEB. In proof of this
334. affirmation, the Minister pointed out to the mission that he had met with the
335. SNEB leadership only once.
336. Future prospects
337. After noting the opinions of the various parties concerned, the mission
338. suggested to the Minister of Labour that specific measures should be taken
339. rapidly to resolve the problems posed by the situation of the dismissed
340. teachers. Thus, on the basis of the recommendations made by the Committee on
341. Freedom of Association in its interim reports on the present case, the mission
342. proposed the adoption of an amnesty ordinance establishing the general
343. principle of reinstatement; that the practical methods of reinstatement
344. (time-table and conditions) be negotiated with the parties concerned; that the
345. circular prohibiting the recruitment of dismissed teachers in the private
346. teaching sector be cancelled; that the practice of a declaration of loyalty as
347. a prerequisite to reinstatement be discontinued and that the situation of the
348. dismissed teachers and their beneficiaries as regards pensions be re-examined.
349. The Minister of Labour believed in this connection that the speech made on 3
350. October 1985 by the Minister of Popular Defence on behalf of the Chief of
351. State, and which offered a conciliatory approach to the dismissed teachers and
352. provided for the introduction of the reinstatement process, is itself a
353. declaration of amnesty. Furthermore, he pointed out that measures would be
354. taken by the Council of Ministers to lift the prohibition on recruitment in
355. the sector and that the questions on retirement and retirement pensions would
356. be examined in a humanitarian spirit of social justice.
357. Furthermore, the mission proposed before its departure from Ouagadougou that
358. a meeting be held in its presence between the Minister and SNEAHV officials to
359. discuss specific measures which could be taken on behalf of the dismissed
360. teachers. Such a meeting had already been held on 17 September 1986 on the
361. initiative of Mr. Georget, member of the Governing Body, and Mr. Malu,
362. Regional Adviser for standards, who were in Ouagadougou at the time.
363. The Minister agreed to participate in such a meeting provided that the
364. National Trade Union of Teachers of Burkina Faso (SNEB) was also represented
365. as a trade union organisation concerned by the matters to be discussed. The
366. SNEAHV officials who were consulted on this matter reaffirmed that they were
367. willing to co-operate with all the authorities of Burkina Faso in the search
368. for a just and lasting solution to the problems posed by the dismissals but
369. they believed that they could not negotiate in the presence of SNEB. They
370. stressed that they were not disputing the fact that the authorities should
371. meet with this organisation but that they refused to recognise it by any act
372. whatsoever.
373. The Minister of Labour told the mission that he regretted this attitude by
374. the SNEAHV officials especially since SNEB had clearly expressed its support
375. for the reinstatement of the dismissed teachers. However, the Minister assured
376. the mission that the Government would continue to examine the problem of the
377. dismissed teachers and that the Committee on Freedom of Association would be
378. kept informed of developments in the situation at its forthcoming meeting in
379. November 1986.
380. Persons interviewed
381. Ministry of Labour, Social Security and the Public Service
382. - Mr. Fidèle Toé, Minister of Labour, Social Security and the Public Service.
383. - Mr. Pierre Béléko, Central Director of Labour, Employment and Social Security.
384. - Mr. Hama Diallo, labour director.
385. National Confederation of Workers of Burkina Faso
386. - Mr. Emmanuel Ouedraogo, general secretary.
387. - Mr. Gabriel Sebgo.
388. National Organisation of Free Trade Unions
389. - Mr. Boniface D. Kaboré, general secretary.
390. - Mr. Paul N. Kaboré.
391. - Mr. Abdou Ouedraogo.
392. - Mr. Justin Zongo.
393. Trade Union of Workers of Burkina Faso
394. - Mr. Albert Ouedraogo.
395. Trade Union Confederation of Burkina Faso
396. - Mr. Salifou Caboré, secretary responsible for organisation.
397. - Mr. Arba Ousmane Diallo, administrative secretary.
398. - Mr. Idrissa Kon, secretary responsible for the private sector.
399. - Mr. Sami Ouattara, general secretary of the National Agricultural Trade Union.
400. Trade Union Front (grouping ten autonomous organisations)
401. - Mr. Tolé Sagnon, Trade Union of Workers in Geology, Mines and Hydrocarbons.
402. - Mr. Djiguimbé Tiga, Trade Union Federation of Bakers. - Mr. Hubert Yaméogo,
403. Trade Union of Human and Animal Health Workers.
404. - Mr. Ignace Yerbanga, Autonomous Trade Union of Magistrates of Burkina Faso.
405. National Trade Union of African Teachers of Upper Volta
406. - Mr. Jean P. Bila, general secretary.
407. - Mr. Ismaël Ousmane Kindo, deputy general secretary.
408. - Mr. Joachim S. Sib, secretary for external relations.
409. - Mr. Jean Pascal Sougue, member of the National Executive.
410. - Mr. Aimé Da Méliman, member of the ad hoc Committee of Dismissed Teachers.
411. National Trade Union of Teachers of Burkina Faso
412. - Mr. Flatreé Victor Sanfo, general secretary.
413. National Trade Union of Secondary Education
414. - Mr. Etienne Traoré, general secretary.