Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

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

The Committee notes with interest that according to the reply to its previous observation, to the effect that, within the context of the measures taken to reinstate the teachers dismissed after the 1983 strike, teachers who have reached the retirement age and their dependants, have recovered their pension rights.

With reference to its previous comments and to the observations of the Trade Union Confederation of Burkina Faso (CSB) dated 21 April 1987, the Committee takes note of Zatu No. AN VI-008/FP/TRAV dated 26 October 1988 containing the general conditions of service of public employees, transmitted by the Government with its report.

The Committee notes that the new Zatu repeals Zatu No. AN IV-011 BIS CNR-TRAV of 25 October 1986, which was the subject of its comments and the observations of the CSB. The provisions of the former Zatu, which referred to criteria of political allegiance for public employees and were liable to endanger the principles of trade union freedom, have not been reproduced in the Zatu of 26 October 1988. Public servants now enjoy the civil liberties guaranteed to all citizens of Burkina Faso and, accordingly, they enjoy the right to organise, the right to bargain collectively and the right to strike (sections 47, 52 and 53 of Zatu No. AN VI-008/FP/TRAV). However, public servants remain under the obligation to respect the revolutionary order, and several advisory bodies, including the Disciplinary Council, are composed of representatives of the Government, the trades unions and the revolutionary committees (sections 6, 7, 9 and 36 of Zatu No. AN VI-008/FP/TRAV).

The Committee also notes that the probationary period for public servants lasts for one year, that it may be extended once for an identical period (section 24) and that the right to strike does not apply during the trial period (section 27).

As regards the obligation for public servants to respect the revolutionary order, the Committee recalls the importance it attaches to the relationship between civil liberties and trade union rights. It stresses in particular that special importance attaches to the right to express thoughts freely as an integral part of the freedom which trade union organisations, including those of public servants, should enjoy and that the public authorities must refrain from any interference which would restrict this right or impede the lawful exercise thereof (Article 3 of the Convention).

The Committee asks the Government to provide information on the application, in practice, of these provisions, so that it can ascertain their scope.