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

Safety and Health in Agriculture Convention, 2001 (No. 184) - Burkina Faso (Ratification: 2009)

Legislation. The Committee notes the information in the first report submitted by the Government including the copy of Decree No. 2011 883/PRES/PM/MFPTSS/MICA/MAH/MEDD on measures relating to the distribution and use of hazardous substances and preparations for industrial use attached thereto. It also notes the reference made by the Government to the following legislation: Act No. 041/96 ADP of 8 November 1996, which establishes pesticide control in Burkina Faso, amended by Act No. 006-98/AN of 26 March 1998; Decree No. 98-472/PRES/PM/AGRI, which establishes the powers, structure and operating rules of the National Commission on the Control of Pesticides (CNPC), amended by Decree No. 2005-051/PRES/PM/MAHRH of 7 February 2005; Order No. 2007-00001/MAHRH/SG/DGPV of 19 January 2007 which establishes appointment of full and alternate members of the CNPC; Decree No. 2008-679/PRES/PM/MARHRH/MCPEA of 27 October 2008, which establishes conditions for issuance of licences to formulators, reconditioners, distributors, retailers and pesticide application service providers; Decree No. 2008/PRES/PM/MARHRH/MRA/MCPEA/MEF/MECV of 13 October 2008, which establishes control of the various life cycles, transit and reconditioning of pesticides; Order No. 99-0041/MA/MEF of 13 October 1999, which establishes pricing of the fixed applicable duty regarding pesticide control, amended by joint Order No. 2009-011/MAHRH/MEF of 8 April 2009; Order No. 99-0042/MA/MEF of 13 October 1999, which establishes the distribution of applicable duty products regarding pesticide control, amended by Order No. 2009 041/MAHRH/MEF of 28 December 2009. It notes however these latter texts were not made available to the Committee. The Committee also notes that the Government refers to its ratification of the following treaties and other instruments: International Code of Conduct on the Distribution and Use of Pesticides (FAO, 2002); Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (FAO/UNEP, 1998); Stockholm Convention on Persistent Organic Pollutants (UNEP, 2001); Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; Common Regulation for States parties to the Permanent Interstate Committee for Drought Control in the Sahel on pesticide homogenization (CILSS, 1999); Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa.

Articles 12 and 13 of the Convention. Sound management of chemicals. The Committee notes that while the report submitted is not a detailed report pursuant to the report form, the Committee concludes from the legislation submitted that partial effect is given to Articles 12 and 13 of the Convention, in particular so far as pesticides are concerned. The Committee requests the Government to provide further information as to the specific provisions of the referenced legislation which it considers give effect to the provisions of these articles.

Detailed report on the application of the Convention. The Committee notes that the Government’s first report on the application of this Convention does not, as required, indicate in detail the provisions of the relevant laws and regulations which give effect to each article of the Convention. The Committee further notes that the referenced legislation does not seem to address the application of any other provisions than Articles 12 and 13 of the Convention. Against this background, the Committee requests the Government to submit a detailed report on the basis of Parts I–VII of the report form, including details regarding the provisions of relevant laws and regulations etc. or other measures, which give effect to each article of the Convention.

[The Government is asked to report in detail in 2013.]