Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, concerning persistent obstacles to the application of the Convention, and the Government’s reply on this subject.

Articles 4 and 6 of the Convention. Collective bargaining in the public sector. With reference to its previous comments, the Committee notes the Government’s indication that Act No. 081 2015/CNT of 24 November 2015 issuing the general regulations of public service, which repeals contravening provisions of Act No. 013/98/AN of 28 April 1998 establishing the legal regime applicable to posts and employees in Civil Service, as amended by Act No. 019-2005/AN of 18 May 2005, public servants are entitled to engage freely in bargaining and to conclude agreements in their sectors of activity, although in practice no collective agreement has been negotiated or concluded in the public sector. The Committee notes that, while the national legislation provides that civil servants can establish associations or occupational trade unions and exercise the right to strike within the framework defined by the legislative texts in force (sections 69 and 70 of Act No. 081-2015), the right to collective bargaining of public servants not engaged in the administration of the State is not explicitly recognized. In the absence of new information brought to its knowledge, the Committee once again requests the Government to take the necessary measures to ensure the right to collective bargaining of public servants not engaged in the administration of State and to establish adequate machinery to promote the exercise of this right. The Committee requests the Government to provide information on its next report on any developments in this regard, and on any collective agreements concluded in the public sector. The Committee reminds the Government that it can, if it so wishes, have recourse to the technical assistance of the Office.