Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Burkina Faso

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1974)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1974)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the Government’s response to the observations of the National Confederation of Workers of Burkina (CNTB) on the application of these Conventions, made in 2015.

Articles 3(1) and (2) of Convention No. 81 and Articles 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. The Committee notes the Government’s indication, in response to the Committee’s previous comment, that Order No. 2017-032/MFPTPS/SG of 17 May 2017, on the organization, functions and operation of the regional labour and social security departments (DRTPS) provides that the departments include, among other services, the labour inspection services, responsible for monitoring activities, as well as the service for industrial relations and the promotion of social dialogue, which provides advice to the social partners and conciliation in industrial disputes. The Committee observes that this is the same structure as that provided by Order No. 2014-040/MFPTSS/SG of 13 August 2014. The Government also indicates that the DRTPS, commonly referred to as the Labour Inspectorate, are overseen and controlled by the Secretariat General of the Ministry of Labour, in the same way as the central services. The Government again indicates that the conciliation function does not interfere with the discharge of inspectors’ primary duties, and that the real difficulty stems from a lack of material resources. The Committee also notes the Government’s indication that 1,590 establishments were inspected in 2020 (including five agricultural establishments), while a total of 4,178 individual and collective labour disputes were dealt with. Moreover, the Committee notes, from the 2020 annual general report of the activities of the labour inspection services, that these figures represent an increase of 70.83 per cent in individual and collective disputes dealt with by the labour inspectorate as compared with 2019 and, according to the same report, that this increase could be explained by the effects of the COVID-19 health crisis. The Committee notes that conciliation is by far the dominant part of the labour inspectors’ activities. The Committee notes that the 2020 general report also contains information concerning the DRTPS staff and its geographical distribution, but that it does not specify the number of officers assigned to each DRTPS service. With reference to its previous comments concerning the human resources allocated to the labour inspection service, the Committee requests the Government to take the necessary measures so that, in conformity with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors do not interfere with the exercise of their primary duties, and to provide information on all progress achieved in this respect. The Committee also requests the Government to continue to provide information on the number of individual and collective disputes handled by the labour inspectors, specifying which DRTPS service took part in this task. The Committee also requests the Government to provide information on the number of labour inspection officers assigned to each DRTPS service, including the labour inspection service and the service for industrial relations and the promotion of social dialogue. Noting the adoption of Decree No. 0310 of 24 April 2018, establishing a conciliation allowance for labour inspectors and controllers, the Committee requests the Government to provide information on the application in practice of this Decree, and to communicate a copy thereof in its next report.

Articles 3(1)(b) and 5 of Convention No. 81 and Articles 6(1)(b) and 13 of Convention No. 129. Preventive action. The Committee notes that, in response to its previous comment, the Government reports on awareness-raising and information activities in the agricultural sector. Noting this information, the Committee requests the Government to continue to provide information on the preventive action undertaken by the labour inspectors in agriculture and in other sectors where the number of occupational accidents is high, such as the manufacturing industry, the community service sector, social services and personal services.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 14 and 15 of Convention No. 129. Means of enforcement in the event of violations of the legislation covered by the Convention. Cooperation with the judicial system. The Committee notes the Government’s indication, in response to the Committee’s previous comment, that several meetings were organized between the Minister for Justice and the Minister for Labour with a view to establishing a permanent framework for dialogue between the labour administration and the judicial authorities. The Government notes that these meetings have led to the elaboration of a draft inter-ministerial order putting the said framework in place and the process of its formal establishment has reached the final phase. Regarding violations, the Government notes that no violation report has been filed with the courts. The Committee also notes, from the annual reports on the activities of the labour inspection services, that the number of fines imposed remains small in comparison to the number of violations identified: 134 fines for 109,867 violations noted in 2019, and 152 fines for 93,001 violations in 2020. Furthermore, the Committee notes that over the course of these two years, not a single fine was issued in the agricultural sector. The Committee requests the Government to provide information on progress towards adoption of the inter-ministerial order establishing a permanent framework for dialogue between the labour administration and the judicial authorities. The Committee also requests the Government to intensify its efforts to strengthen cooperation between the inspection services and the judicial system and to communicate information on the number of violations referred to the judicial system and any court rulings.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the Government’s indication in response to the Committee’s previous comment, that the current constitutional provisions make it impossible to accord autonomous status to labour inspectors and controllers. The Government indicates, as a result of this, that the provisions relative to the autonomous status of labour inspectorsthat were included in the draft labour code have been removed, to allow this matter to be dealt with more suitably in the framework of the next constitutional revision. The Committee requests the Government to provide details of the constitutional provisions preventing the adoption of conditions of service in respect of labour inspectors and controllers. The Committee also requests the Government to indicate the measures taken to ensure that labour inspectors and controllers enjoy conditions of service which guarantee them stability of employment and ensure that they are independent of changes of government and of improper external influences.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Initial and subsequent training of labour inspectors. The Committee notes the Government’s indication in response to its previous comment, that in 2015 around 30 labour inspectors benefited from a training course on the management of chemical hazards in agriculture during the African Day for the Prevention of Occupational Risks. The Committee also notes the Government’s indication that consideration is still being given to ensuring that specific modules on safety and health in agriculture are included as part of the labour inspectors’ training. Moreover, the Committee notes that, according to the Government, in 2020 a total of 158 controllers and labour inspectors from the DRTPS were trained, against 55 form the central services. The issues covered included, among other subjects, social dialogue and collective bargaining, the protection of workers, occupational safety and health, social protection, labour statistics, programme budget, petty cash account management, the practice and ethics of labour inspection, international labour standards, and governance of migration. The Committee requests the Government to continue its efforts to ensure that issues specific to the agricultural sector should be included in the context of the training provided to labour inspectors and controllers. It requests the Government to communicate information on all progress achieved in this respect.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Material and human resources. The Committee notes the Government’s indication, in response to its previous comment, that at 31 December 2020, DRTPS staff stood at 176 technical officers (88 labour inspectors and 88 labour controllers). The Government also indicates that the staff of the central services numbered 73 technical officers (62 labour inspectors, ten labour controllers and a workplace physician). The Committee notes that the 2020 total number of DRTPS labour controllers and inspectors (248) is lower than the 2019 total of 263 inspectors and controllers. The Committee also notes the Government’s indication that each central service is equipped with at least one vehicle and a motorcycle and each DRTPS is equipped with at least one vehicle. Moreover, the Committee notes from the 2020 annual report of the activities of the labour inspection services, that the budget allocated to the inspection services has been reduced by 30.6 per cent in comparison to 2019, a drop explained by the health and security crisis. The Committee notes that at 31 December 2020: (i) every DRTPS was equipped with office computers and printers; (ii) nine DRTPS out of 13 had at least one telephone line; (iii) the three central services had neither telephone nor fax; and (iv) and there was a reduction in the amount of computer equipment available in the DRTPS and in the central services. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that the labour inspection services have sufficient human and material resources necessary for their operation, including measures taken to increase the number of labour inspectors and the budgetary resources placed at the disposal of the labour inspection.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Powers of the labour inspectorate. The Committee notes the Government’s reference to section 395.2 of the Labour Code, under which labour inspectors may make or have made orders requiring measures with immediate executory force, which can go as far as halting the work, in the event of imminent danger to the health and safety of workers. The Government also indicates that when working conditions are such as to constitute a threat to the health and safety of workers, the employer is put on official notice to remedy the situation. The official notice served by the labour inspector has immediate executory force. Noting the absence of information in this respect, the Committee again requests the Government to provide statistics on the number of measures ordered by the labour inspectors to remedy defects observed, in cases where they have reasonable cause to believe that there exists a threat to the safety and health of workers.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. The Committee notes from the annual reports on the activities of the labour inspection services, from 2019 and 2020 respectively, that only one case of an occupational disease was notified to the National Social Security Fund (CNSS) and was investigated by the labour inspectorate. The Committee requests the Government to continue its efforts to ensure that the labour inspection services are informed of cases of occupational disease, in conformity with Articles 14 of Convention No. 81 and 19 of Convention No. 129, and to provide information on the measures taken or envisaged in this respect. It also requests the Government to continue to provide information on the number of notifications of occupational accidents and of occupational disease received by the Labour inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication of annual reports on the work of the labour inspection services. The Committee notes that in 2020, 2021 and 2022 the Government communicated copies of the annual reports on the activities of the labour inspection services to the Office and that the reports werealso available on the Government’s website. The Committee notes that these reports contain information on the number of labour inspectors and controllers, the number of inspections, and statistics on the number of violations observed, of occupational accidents and diseases that have been notified to the CNSS and have been investigated by the labour inspectors. The Committee notes that these reports contain disaggregated information in respect of inspection in agriculture. The Committee encourages the Government to pursue its efforts to ensure that the report on the work of the labour inspection contains all the information set out in Article 21 of Convention No. 81 and in Article 27 of Convention No. 129, including statistics on workplaces liable for inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129), and statistics on penalties imposed (Article 21(e) of Convention No. 81 and 27(e) of Convention No. 129). Noting the absence of information in this respect, the Committee also requests the Government to provide information on the progress achieved in establishing a register of enterprises liable to labour inspection, including the relevant enterprises from the agricultural sector.