Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the joint observations of six trade union confederations: (General Labour Federation of Burkina Faso (CGT–B); National Confederation of Workers of Burkina (CNTB); Trade Union Confederation of Burkina Faso (CSB); Force Ouvrière/National Union of Free Trade Unions (FO/UNSL); National Organization of Free Trade Unions (ONSL) and the Trade Union of Workers of Burkina Faso (USTB) received on 29 August 2019, concerning persistent obstacles to the application of the Convention, including acts of anti-union discrimination against trade union activists and leaders. The Committee requests the Government to provide its comments in this regard.

Articles 4 and 6 of the Convention. Collective bargaining in the public sector. In its previous comments, the Committee noted that while the national legislation allows civil servants to establish associations or occupational trade unions and grants them the right to strike within the framework defined by the relevant legislation in force (sections 69 and 70 of Act No. 081-2015/CNT of 24 November 2015, issuing the general regulations of the public service), the right to collective bargaining of public servants not engaged in the administration of the State is not explicitly recognized. With regard to the scope of application of the Convention and the exceptions for public officials to which the Government refers in its report, the Committee wishes to recall the distinction that should be drawn between, on the one hand, public servants who by their functions are directly engaged in the administration of the State (such as civil servants employed in government ministries and other comparable bodies, as well as ancillary staff) who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public undertakings or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention. This second category of public employees includes, for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel, whether or not they are considered in national law as belonging to the category of public servants (see the 2012 General Survey on the fundamental Conventions, paragraph 172). The Committee notes that according to the Government, the labour relationship between the State and public officials is governed by specific laws and regulations drafted with the involvement of stakeholders, including the social partners. The Committee requests the Government once again 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 and to establish adequate machinery to promote the exercise of this right. The Committee requests the Government to provide information in its next report on any developments in this regard, and on any collective bargaining conducted in the public sector. The Committee reminds the Government that it can, if it so wishes, have recourse to the technical assistance of the Office.