Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

The Committee also notes the comments of 31 July 2012 by the International Trade Union Confederation (ITUC), which refer to legislative issues already raised by the Committee and to violations of trade union rights in practice, in particular dismissals of strikers, police repression of a demonstration organized during a strike and threats against a union leader. While noting the Government’s reply to earlier comments by the ITUC raising similar matters, the Committee requests the Government to send its observations on the ITUC’s new allegations.

Article 3 of the Convention. Occupation of premises in the event of a strike. The Committee noted previously that, according to section 386 of the Labour Code, the exercise of the right to strike shall on no account be accompanied by occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. The Committee pointed out in this connection that any restrictions on strike pickets and workplace occupation are acceptable only where the action ceases to be peaceful. The Committee points out that it is nonetheless necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises. The Committee notes that in its report the Government again states that section 386 of the Labour Code seeks to prevent any lapses arising out of a strike, such as failure to respect the freedom of non-strikers to work. The Committee requests the Government to amend section 386 of the Labour Code so as to abolish the ban on the occupation of workplaces or their immediate surroundings in the event of a strike and to ensure that any restrictions are allowed only in the instances recalled above.

Requisitioning of public employees. In its previous comments the Committee pointed out the need to amend Act No. 45-60/AN of 25 July 1960, under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee observed that it would be advisable to confine the authority to requisition public employees to cases in which the right to strike may be limited or even prohibited, namely: (a) where these employees exercise authority in the name of the State; (b) in essential services in the strict sense of the term; and (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation. Noting the Government’s statement that measures are envisaged to revise Act No. 45 60/AN of 25 July 1960, the Committee requests the Government to ensure that, in the course of the revision the requisitioning of public employees will be possible only in the instances recalled above. It requests the Government to supply information on relevant developments in the legislation.

The Committee is raising other points in a request addressed directly to the Government.