Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 2 of the Convention. Right to organize of apprentices. In its previous comments, the Committee noted that the Labour Code’s provisions on apprentices (sections 13–17) do not expressly establish a right to organize. It notes that in its report the Government states that the trade union rights established for workers by the Labour Code apply to apprentices.

Right to organize of minors. The Committee asked the Government to amend section 283 of the Labour Code which provides that children of 16 years of age or more may join trade unions unless the father, mother or guardian decides otherwise. It notes that, according to the Government, measures will be taken to guarantee the right to organize of minors who have reached the statutory minimum age of admission to employment. The Committee requests the Government to provide information on the measures envisaged or taken to guarantee the right to organize of minors who have reached the statutory minimum age of admission to employment (16 years according to section 152 of the Labour Code), whether as workers or as apprentices, without the need for authorization from a parent or guardian.

Article 3. Right of organizations to carry out their activities freely and to formulate their programmes. Minimum service. In its previous comments, the Committee noted that an Order of 18 December 2009 lists the establishments which may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike, as allowed by section 384 of the Labour Code. The Committee observed that some facilities mentioned in section 3 of the Order can be regarded as not essential or requiring the maintenance of a minimum service in the event of a strike, particularly mining and quarrying services, public and private slaughterhouse facilities, schools with student dormitories, university welfare centres, etc. Noting that the list has not been revised, the Committee asks the Government to revise the list of establishments that may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike, to ensure that such requisitioning is possible only: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) in services which are not essential in the strict sense of the term but in which a strike could, owing to its extent and length, lead to an acute crisis threatening the normal living conditions of the population; or (iii) in public services of fundamental importance.