Definitive Report - Report No 222, March 1983

Case No 1131 (Burkina Faso) - Complaint date: 27-APR-82 - Closed

1. 85. The Committee has already examined this case at its meeting in November 1982, when it presented interim conclusions. The Government has since furnished information in a communication received on 21 January 1983.
2. 86. Upper Volta 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. 87. The complaints in this case related mainly to the dissolution, by administrative authority, of the Trade Union Confederation of Upper Volta (CSV) for having protested against the general ban on strikes declared by the Government in November 1981. The complainants subsequently reported the arrest, on 9 September 1982, of Soumane Touré, General Secretary of the Confederation, as well as the fact that 154 trade unionists had been dismissed and were being prosecuted for having taken part in a three-day strike in April 1982 to protest against a legal text which they considered unduly restrictive as regards the exercise of the right to strike.
2. 88. After examining the allegations and the Government's replies, the Committee, at its meeting in November 1982, recommended the Governing Body to approve the following interim conclusions:
   • (a) The Committee noted with concern that the Trade Union. Confederation of Upper Volta (CSV) had been dissolved by administrative authority because it had apparently protested against the general ban on strikes proclaimed by the Government in November 1981, but since lifted. The Committee emphasised the great importance which it attached to respect for Article 4 of the Freedom of Association and Protection of the Right to organise Convention. (No. 87), ratified by Upper Volta, according to which workers' and employers' organisations should not be dissolved by administrative authority, and expressed the firm hope that the Government would give priority to lifting the measure of administrative dissolution of the CSV. The Committee requested the Government to keep it informed of the measures taken in this respect.
   • (b) Regarding the warrant for the arrest of the General Secretary of the Trade Union Confederation of Upper Volta issued following the administrative dissolution of the said Confederation, the Committee noted with regret that the Government had not supplied any information on this aspect of the case. It also noted that, according to the complainants, the person concerned had been arrested in September 1982. The Committee recalled that the arrest of trade unionists simply for carrying on legitimate trade union activities was contrary to the principles of freedom of association. The Committee therefore requested the Government to communicate its observations on this aspect of the case, including a copy of any judgement which might be handed down.
   • (c) Regarding the dismissal of and institution of judicial proceedings against 154 trade unionists for participating in a three-day protest strike against legislation which they considered too restrictive with regard to strikes, the Committee pointed out that, apart from dismissals, the persons concerned incurred a sentence of imprisonment. The Committee pointed out in this respect that the imposition of excessively severe penalties for striking could only damage the development of good industrial relations. It therefore invited the Government to re-examine the situation of the persons concerned with a view to helping to ease the social climate.
   • (d) Finally, the Committee again invited the Government to amend its legislation, which was excessively restrictive as regards strikes, so as to bring it into line with the principles of freedom of association.

B. The Government's reply

1. 89. In a letter which reached the ILO on 21 January 1983, Mr. Jean Bado, the Minister of Labour, states that with the coming into being of the Council for the Salvation of the Nation (CUSP) on 7 November 1982, new perspectives have been opened up as regards respect for trade union rights. He goes on to say that the Head of State, at his press conference in November 1982, had specified that the texts of both the ordinance of 14 January 1982, respecting the settlement of labour disputes, and of the Decree of 24 November 1981 to dissolve the Trade Union Confederation of Upper Volta, would be studied by the Government.
2. 90. As regards the dissolution by administrative authority of the CSV, the Minister communicates the text of the Decree of 23 December 1982 rescinding this dissolution.
3. 91. With regard to the ordinance in respect of the settlement of labour disputes, the Minister states that the text is being studied and will be the subject of appropriate measures with a view to guaranteeing trade union rights.
4. 92. As regards Mr. Soumane Touré, the General Secretary of the CSV, the Minister states that he was released on 8 November 1982.
5. 93. Finally, with regard to the 154 workers who were being prosecuted for striking unlawfully on 14, 15 and 16 April 1982, the Minister emphasises that by a Decree of 7 November 1982, all workers against whom arbitrary or repressive measures had been taken, on trade union grounds, under the previous Government had been rehabilitated and that the situation of the 154 workers had been restored to normal. The Decree in question, attached to the Government's communication, provides that "the rights of workers who were the subject of deportation or suspension measures are hereby restored. To this end, any worker against whom such measures were taken under the regime of the Military Committee of Reconstruction for National Progress (CMRPN) is invited to lodge an appeal with the authorities".

C. The Committee's conclusions

1. 94. The Committee notes with satisfaction that the information supplied by the Government -concerning the general improvement of the trade union situation resulting from the rescinding, on 23 December 1982, of the Decree dissolving the Trade Union Confederation of Upper Volta, the release on 8 November 1962 of Mr. Soumane Touré, General Secretary of the said Confederation, and the rehabilitation, by Decree of 7 November 1982 of the 154 strikers who were being prosecuted and who all, under the terms of the Decree, have the right of appeal.
2. 95. Furthermore, the Committee notes the assurances given by the Government regarding the study it has undertaken in respect of the ordinance of 14 January 1982 concerning labour disputes and the exercise of the right to strike. On this point the Committee would like to recall once again the importance it attaches to the principle that strikes are one of the essential means available to workers and their organisations of promoting and defending their occupational and economic interests in the broad sense and that restrictions on the right to strike are unjustifiable except in cases where the strike might lose its peaceful character. As regards the requisition measures applicable under the ordinance, these are acceptable only when it is necessary to ensure the running of essential services whose interruption is liable to endanger the existence or well-being of the whole or part of the population. In conclusion, the Committee expresses the firm hope that the legislative amendments undertaken by the Government will bring the legislation into line with the principles of freedom of association.

The Committee's recommendations

1. 96. In the circumstances, the Committee recommends the Governing Body to adopt the following conclusions:
   • (a) In general, the Committee notes with satisfaction the information communicated by the Government regarding the improvement in the trade union situation in Upper Volta.
   • (b) It notes in particular that a Decree of 23 December 1982 rescinded the Decree dissolving the Trade Union Confederation of Upper Volta, that on 8 November 1982 Mr. Soumane Touré, General Secretary of this Confederation, recovered his freedom and that a Decree of 7 November 1982 rehabilitated the workers against whom arbitrary or repressive measures had been taken for reasons connected with trade union activities.
   • (c) With regard to the assurance given by the Government concerning the amendments envisaged to the ordinance of 14 January 1982 regulating labour disputes and the right to strike, the Committee expresses the firm hope that these amendments will bring the legislation into line with the principles of freedom of association.