Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the Government’s comments in reply to the joint observations of six trade union confederations (the General Labour Confederation of Burkina Faso (CGT–B), the National Confederation of Workers of Burkina Faso (CNTB), the Trade Union Confederation of Burkina Faso (CSB), Force ouvrière - National Trade Union Alliance (FO-UNS), the National Organization of Free Trade Unions (ONSL), and the Trade Union of Workers of Burkina Faso (USTB)), received on 29 August 2019, relating in particular to acts of anti-union discrimination against trade union activists and leaders in the public sector. The Committee notes the Government’s indication that: (i) measures have been taken to remove sanctions against the trade union activists and officers in question; and (ii) the public servants suspended in the context of their trade union activities have been reinstated by court decision, even though some cases are still pending. Recalling that public servants and public sector employees not engaged in the administration of the State – including those who are not trade union officers – must be afforded effective protection against acts of anti-union discrimination within the meaning of the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 188), the Committee requests the Government to ensure that all the public servants suspended in the context of their legitimate trade union activities are reinstated in their posts, and to provide information in this regard.

Articles 4 and 6 of the Convention. Collective bargaining in the public sector. In its previous comments, the Committee once again asked the Government to provide information on the measures taken or envisaged to ensure the right to collective bargaining of public servants not engaged in the administration of the State, whether or not they are considered in national law as belonging to the category of public servants (see General Survey of 2012 on the fundamental Conventions, paragraph 172). Noting the Government’s indication that it is seeking technical assistance from the Office, the Committee trusts that the Government will be in a position to provide information in its next report on any new developments in this regard and on any collective agreement concluded in the public sector.