Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Abolition of Forced Labour Convention, 1957 (No. 105) - Burkina Faso (Ratification: 1997)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee asked the Government to provide information on the application of certain provisions of the Penal Code which establish sentences of imprisonment as a penalty for certain acts or activities whereby persons are able to express political views. Since section 86 of Order No. 642 APAS of 4 December 1950 issuing the prison regulations provides that convicted prisoners are under the obligation to work, such provisions could have an impact on the application of the Convention, which prohibits the exaction of compulsory labour, including compulsory prison labour, from a person for expressing certain political views or opposition to the established political, social or economic system. It noted in particular:

• – sections 177–180 of the Penal Code, under which any attack on the honour or sensibility of certain persons exercising public authority (sections 178 and 180), or against the authority of the judicial system or its independence (section 179), constitutes an offence punishable by imprisonment;
• – sections 361–364 of the Penal Code, which provide for the punishment of slurs upon the honour and dignity of an individual, insults, calumny and defamation;
• – sections 114–123 of Ordinance No. 92-024bis/PRES of 29 April 1992 issuing the Code of Information, which contain similar provisions to those of the abovementioned sections of the Penal Code.

The Committee notes that the Government has not supplied any information on the application of these provisions. However, it observes that, according to the press release of 3 March 2014 of the African Court on Human and Peoples’ Rights of the African Union, there is a case before the Court concerning a Burkinabé journalist who was sentenced by the courts in Burkina Faso to 12 months’ imprisonment and a fine for defamation and abuse of a magistrate, further to the publication of two articles in a journal in August 2012. The Committee requests the Government to ensure that the abovementioned provisions of the national legislation serve their proper purpose and are not used to penalize the expression of political opinions or opposition to the established political, social or economic system through imprisonment, which could entail compulsory labour. The Government is also requested to provide information on court decisions based on these provisions, so that the Committee can assess their scope of application, and to provide copies of relevant decisions in this regard.

Article 1(b). Mobilization and use of labour for purposes of economic development. National service for development. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that the legislation explicitly establishes the voluntary nature of participation in national service for development. This service, for which any Burkinabé citizen between 18 and 30 years of age may be called up, is accomplished in two phases: a training phase, during which those called up receive what is basically civic and patriotic training and acquire the rudiments of vocational training in priority sectors for development; and a production phase, in which they make their contribution to the socio-economic development of the country in various sectors. The time spent in national service for development is considered as time spent in military service, thereby releasing the citizen from any other military obligation (Decrees Nos 98 292/PRES/PM/DEF and 99-446/PRES/PM).

The Government indicates in its report that it has noted the Committee’s comments and that it will review the matter in the context of the next reform of the legislation relating to national service for development. The Committee notes this information and recalls that any service, whether as part of compulsory military service, instead of it, or as part of civic service, which entails young persons’ compulsory participation in activities geared to the economic development of their country, is incompatible with Article 1(b) of the Convention. The Committee therefore hopes that the Government will indeed review the legislation on national service for development in order to make participation in this service voluntary.

Article 1(d). Penalties for participation in a strike. The Committee previously referred to section 386 of the Labour Code, according to which the right to strike shall on no account entail the occupation of workplaces or their immediate vicinity, otherwise the criminal penalties established by the legislation in force shall apply.

The Government indicates in its report that, further to the study conducted with ILO support with regard to bringing national law and practice into conformity with the fundamental and governance Conventions of the ILO, a plan was drawn up for implementing the study’s recommendations. The plan provides for the revision of the provisions of the Labour Code that are not in line with international labour Conventions. The Committee duly notes this information and hopes that, as part of this process, the Government will revise the provisions of section 386 of the Labour Code so as to ensure that persons who participate peacefully in a strike cannot incur any criminal penalties which would result in compulsory labour. The Committee also refers in this respect to its comments relating to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).