Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee takes note of the information communicated to the Conference Committee in 1991, as well as the report of the Government.

1. Requirement for public servants to respect the revolutionary order. With reference to its previous comment, the Committee notes that, according to the Government's report, the requirement for public servants to respect the revolutionary order has been more theoretical than practical in reality as no public servant has been bothered or penalised for breaches of this requirement.

The Committee considers, however, that the existence in national legislation of a provision which might impair the right to express thoughts freely as an integral part of the freedom of association which employers' and workers' organisations should enjoy, is liable to restrict the free exercise of the trade union rights guaranteed by Article 3 of the Convention, even if breaches of the provision in question have so far never been penalised.

The Committee would therefore be grateful if the Government would repeal or amend the provisions of Zatu No. AN VI-008/FP/TRAV of 26 October 1988 which concern the requirement for public servants to respect the revolutionary order, and the provisions laying down penalties for failing to meet this requirement, and to inform it of any measures envisaged in this respect (sections 6, 7, 9 and 36).

2. The role of Revolutionary Committees' (CR) workers or officials. The Committee also notes that, according to the Government's report, the Revolutionary Committees' (CR) workers or officials have a mission fundamentally different from those of the previous popular structure in the sense that they have more of an educational role, complementary to that of the trade union with which they cooperate when the defence of workers' rights is at issue. The Government concludes that freedom of expression and freedom of association are thus a reality in Burkina Faso, even in the public service.

The Committee stresses that Article 3 of the Convention guarantees workers' and employers' organisations the right to organise their administration and activities and to formulate their programmes without interference from the public authorities. The Committee therefore asks the Government to provide information on the cooperation, in practice, between trade unions and the Revolutionary Committees (areas of joint action, distribution of tasks, role of Revolutionary Committee leaders, financial links, etc.).

The Committee moreover asks the Government to indicate whether, when applying section 27 of Zatu No. AN-VI-008/FP/TRAV, strikes by public servants on probation not acting in their capacity as agents of the public authority have been prohibited.