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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Burkina Faso (Ratification: 1962)

The Committee notes the observations made by the International Trade Union Confederation (ITUC) concerning the transfer of over 100 officials by the General Directorate of the Treasury and the Ministry of Foreign Affairs against workers and militants who participated in protest actions. The Committee notes that according to the Government, the transfers were due to human resource imperatives, and not motivated by anti-union reasons.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that the Government has provided examples of collective agreements in force, namely the Interoccupational Collective Agreement of 1974 and the collective agreements for transport auxiliaries of 1979, for oil companies of 1976, for private education of 1979 and for trade of 1982. The Committee notes that, according to the Government, it is not possible to determine the number of workers covered by each collective agreement. However, the professional elections due to be held soon should help to determine the number. The Committee emphasizes that these collective agreements, on which the Government has yet to provide information, have been in force for a long time and hopes that the Government will be able soon to indicate the approximate number of workers covered by these agreements, and requests it to give an account of all measures to promote collective bargaining (including in the bakery, road transport and media sectors, in relation to which the Committee has requested information in its previous comments), taken in particular by the Directorate of Labour Relations and the Promotion of Social Dialogue.

Collective bargaining in the public sector. With regard to the public service advisory bodies, including the Tripartite Public Service Advisory Council, which is competent with regard to dialogue (section 51 of Act No. 013/98/AN of 13 April 1998 on the public service), the Committee notes the indication that the employees have not yet appointed their representatives and requests the Government to provide information on any developments in this regard.

The Committee previously asked the Government to specify the categories of public servants not engaged in the administration of the State who enjoy the right to collective bargaining. It notes with regret that the Government’s report does not contain information on this point. The Committee recalls that the Convention applies to all public servants not engaged in the administration of the State and requests the Government to take the necessary measures to guarantee the right to collective bargaining on conditions of employment between their trade union organizations and the employers.