Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee noted the comments from the International Trade Union Confederation (ITUC) dated 26 August 2009 and 24 August 2010 concerning anti-union practices, particularly dismissals and transfers. The Committee requests the Government to send its observations in this respect.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had hoped that the Government would soon be able to indicate the approximate number of workers and sectors covered by the collective agreements in force and had asked it to give an account of all measures to promote collective bargaining (including in the bakery, road transport and media sectors, in relation to which the Committee asked for information in its previous comments), particularly those taken by the Directorate of Labour Relations and Promotion of Social Dialogue (DRPPDS).

As regards the approximate number of workers and sectors covered by the collective agreements in force, the Committee noted the Government’s indication that constraints due to the elections had prevented the compilation of the requested information. However, the Government indicated that it hoped that the elections would take place as soon as possible and would enable the numbers of workers covered by the collective agreements in force to be determined. The Committee requests the Government to send the requested information as soon as it is available.

As regards the measures to promote collective bargaining, particularly those taken by the DRPPDS, the Committee noted the Government’s indication that: (1) the DRPPDS had held consultations with the social partners concerning the revision of the inter-occupational collective agreement; (2) during these consultations, the social partners expressed the wish focus on negotiations aimed at the conclusion or revision of sectoral agreements; (3) the DRPPDS had therefore identified the sectors of activity covered by previous agreements and those which are not covered, in order to encourage the social partners to engage in collective negotiations; and (4) training aimed at strengthening the capacity of the social partners for collective negotiations had been held and other training, in cooperation with the Programme of Social Dialogue in Francophone Africa (PRODIAF), was planned. The Committee also noted with regard to the media sector that the sectoral collective agreement was negotiated and signed on 6 January 2009 and dialogue was ongoing with respect to the bakery, road transport, banking and financial establishment sectors. The Committee requests the Government to send information on any developments in this sphere and indicate the collective agreements which have been concluded.

Collective bargaining in the public sector. As regards the public service advisory bodies, including the tripartite Public Service Advisory Council, which has competence for dialogue (section 51 of Act No. 013/98/AN of 28 April 1998 concerning the public service), the Committee previously noted the indication that the employees had not yet appointed their representatives and asked the Government to supply information on any new developments in this respect. The Committee also asked the Government to specify the categories of public servants not engaged in the administration of the State who enjoy the right to collective bargaining.

In this respect, the Committee noted the adoption of Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998. It also noted the Government’s indication that all public officials, with the exception of officials having the duties of director-general, technical director or departmental director who are engaged in the administration of the State, fully enjoy the right to collective bargaining. Noting that the Government’s report does not contain any information concerning the representatives to the Public Service Advisory Council, the Committee requests the Government to: (1) indicate whether these representatives have been appointed and also any new developments in this area and; (2) send a copy of Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998 in order to evaluate the application of the right to collective bargaining of public servants not engaged in the administration of the State.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Finally, the Committee notes the comments from the ITUC dated 4 August 2011 and requests the Government to send in observations in this respect.