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

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

The Committee notes the Government’s report.

It also notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, which report in general terms repressive measures, reprisals and intimidation against trade unionists in the context of the privatization of public enterprises undertaken without consulting the trade unions. The Committee recalls in this respect that the rights of workers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations. It also emphasizes that restructuring in the public sector, particularly in relation to a privatization policy, inevitably has important consequences in the social field and in relation to trade unions and that it is important for the social partners, and particularly trade union organizations, to be consulted, at least on the social reach and form of the measures decided upon by the authorities. The Committee requests the Government to take the necessary measures to ensure that these principles are respected.

Article 3 of the Convention. Powers of requisitioning. The Committee recalls that its previous comments related to the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees. Under the provisions, public servants may be required to perform their duties in order to ensure the continuity of the administration and the safety of persons and property. In this respect, the Committee recalled that it would be advisable to restrict the power of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited, namely: (1) public servants exercising authority in the name of the State; (2) essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; and (3) in the event of an acute national crisis.

The Committee also drew the Government’s attention to the fact that its request related to sections 1 and 6 of Act No. 45-60/AN regulating the right to strike of public servants and state employees, whose conditions of work have been governed, until now, by a specific law (Act No. 013/98/AN of 28 April 1998 issuing the rules governing jobs and employees in the public service) and not by the Labour Code.

The Committee notes that the Government refers in its report to section 353 of the new Labour Code, which provides that the competent administrative authority may, at any time, proceed to the requisition of workers in private enterprises and public services and establishments occupying jobs that are indispensable for the safety of persons and property, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. The Committee also notes that the list of jobs so defined in section 353 is to be determined by regulations issued following the opinion of the Labour Advisory Commission.

While noting this information, the Committee however observes that, under the terms of section 4 of the Labour Code, officials in the public service, inter alia, are not governed by the provisions of the Labour Code. The Committee therefore requests the Government to indicate whether Act No. 45-60/AN is still in force and, if so, to take the necessary measures to amend or repeal sections 1 and 6.

With regard to section 353 of the Labour Code, the Committee similarly considers that it would be desirable to limit the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited (see above). The Committee requests the Government to take the necessary measures to ensure that section 353 is in full conformity with the provisions of the Convention. It also requests the Government to provide with its next report the list of jobs determined under section 353 of the Labour Code, as established by regulations.

The Committee further notes that the new Labour Code contains a chapter respecting apprenticeship contracts. In this respect, the Committee requests the Government to provide information in its next report on the legislative provisions governing the right to organize of apprentices.