Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Burkina Faso (Ratification: 1977)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. Basic human rights of all migrant workers. The Committee notes the Government’s statement, in its report, that the adoption, on 24 March 2016, of Act No. 001-2016/AN establishing the National Human Rights Commission, introduced a substantial reform of the Commission by broadening its mandate on the promotion, protection and defence of human rights and the handling of complaints. The Commission has been operational since 25 March 2018 but no complaints have been brought before it concerning violations of migrant workers’ rights specifically. In this regard, the Government states that workshops and awareness-raising activities have been carried out with the support of the International Organization for Migration (IOM) to ensure broad dissemination of the principles and provisions of international treaties concerning the rights of migrant workers, and aimed at encouraging national courts to invoke such treaties. Since 2014, training sessions have been organized for legal professionals (magistrates, police officers and lawyers). In October 2016, training and awareness-raising sessions were provided to 35 stakeholders regarding the protection of migrant workers in international migration law, and to 47 border police officers regarding migrants’ rights and legal remedies. In 2018, the Government initiated a campaign to raise awareness of the Conventions to which Burkina Faso is party, and disseminate them among legal professionals. The Committee notes however that the IOM, in its publication, Migration Governance Indicators Profile 2021 – Burkina Faso, notes that the country “does not have any specific policies or procedures to identify migrants in a vulnerable situation and provide them with adequate protection and guidance services” (page 23). The Committee requests the Government to continue providing information on action taken, including by the National Human Rights Commission, for the protection of the basic human rights of migrant workers. It requests it to indicate whether it has received complaints concerning violations of the basic human rights of migrant workers and, if so, the outcome of related procedures. The Committee also requests the Government to indicate the specific measures adopted to inform migrants of the various remedies available.

Articles 2 to 7. Measures to combat irregular migration and illegal employment. The Committee notes the Government’s indications that: (1) the national strategy on migration 2016–25 has been adopted, as well as a first three-year action plan 2016–2018; and (2) the provisions of Act No. 029-2008/AN of 15 May 2008 to combat trafficking in persons and similar practices have been incorporated into the 2018 Criminal Code. From 2017 to 2018, prosecutions were brought against 150 persons in relation to the crackdown on trafficking in persons and, concerning trafficking of migrants, the judicial services registered two cases involving six persons. The Government also indicates that employers who fail to submit the employment contracts of non-national workers for approval by the labour inspectorate within the required time frame are liable to a fine of between 5,000 and 50,000 CFA francs (5,000 to 100,000 CFA francs in the case of a repeated offence). Lastly, awareness-raising sessions were organized on the opportunities of regular migration and risks of irregular migration, reaching 850 persons in the Haut Bassins, Centre East, South West, East and Cascades regions, the main areas from which migrants depart; and leaflets on this issue were produced. In this regard, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of May 2022: (1) expressed concern about the lack of disaggregated data and statistics, including on conditions of employment of migrant workers and on migrants in an irregular situation in general; and (2) called on the Government to strengthen the capacity of labour inspection services to effectively monitor the sectors employing migrant workers, especially in mines, and agricultural and domestic work, and to receive, investigate and process complaints of alleged violations in that regard. It also noted the signing, on 18 December 2017, of the Joint Initiative between Burkina Faso, the European Union and the IOM for the Protection and Reintegration of Migrants in Burkina Faso, the purpose of which is to protect, return and reintegrate, in a sustainable manner, migrants in an irregular situation (CMW/C/BFA/CO/2, 19 May 2022, paragraphs 17, 40 and 57). The Committee requests the Government to provide information on the implementation of the national strategy on migration 2016–25 and the three-year action plans, their impact on combating irregular migration and illegal employment, and any difficulties encountered in this regard. It requests it to provide specific information on the penalties and other measures adopted against organizers of illegal or clandestine movements of migrants for employment, and employers in violation of the requirements set out in the Labour Code with respect to work by foreign nationals. The Committee also requests the Government to provide information on the measures taken for the protection of migrant workers, including in agriculture, mining and domestic work.

Articles 10 and 12. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s indication, in response to its previous comment, that the national strategy on migration 2016–2025 is based on values of equality, equity and non-discrimination, and that the second strategic pillar of the first three-year action plan focuses on the protection and guarantee of migrants’ rights. The Committee requests the Government to provide information on the provisions adopted and the measures taken to guarantee equality of opportunities and treatment, in accordance with Articles 10 and 12 of the Convention (such as educational programmes and other activities aimed at: (i) ensuring the acknowledgement and application of the national strategy on migration by all concerned; and (ii) ensuring that migrant workers have thorough knowledge of the policy adopted, their rights and obligations, and that they benefit from effective assistance to ensure their protection and enable them to exercise their rights.

Articles 10 and 14(a). Access to employment. The Committee notes the Government’s statement, in response to its previous comment, that the provisions of Order No. 98/TFP/DTMO/FPR of 15 February 1967 establishing the enterprises’ recruitment conditions and the terms for the declaration of movement of workers are outdated under the current legislation.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Basic human rights of all migrant workers. The Committee notes the adoption of Act No. 062-2009/AN of 21 December 2009 and Decree No. 2010-559/PRES/PM/MPDH of 2 September 2010 issuing the new rules governing the National Human Rights Commission (CMW/C/BFA/CO/1, 20 September 2013, paragraph 5). The Committee notes that, under the terms of section 8 of the Act, the Human Rights Commission may receive complaints from individuals, their representatives, non-governmental organizations and other associations. The Commission also has advisory and guidance functions, and the competence to inspect prisons and any other place in which acts of torture or cruel or inhumane treatment may occur. The Committee also notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families expressed concern with regard to the difficulties in accessing remedies and, in particular, the lack of knowledge by migrant workers of the respective procedures (CMW/C/BFA/CO/1, 20 September 2013, paragraphs 18, 21 and 26). The Committee requests the Government to provide information on any action taken by the National Human Rights Commission for the protection of the basic human rights of migrant workers and to indicate whether it has been called upon to address complaints concerning violations of the human rights of migrant workers. The Committee also requests the Government to indicate the measures adopted to inform migrants of the various remedies available.

Articles 2 to 7. Measures to combat irregular migration and illegal employment. The Committee previously noted, in the context of its examination of the application of the Forced Labour Convention, 1930 (No. 29), the adoption of Act No. 029-2008/AN of 15 May 2008 to combat trafficking in persons and similar practices. The Committee also notes the adoption, within the framework of the Economic Community of West African States (ECOWAS), of the ECOWAS Common Approach on Migration on 18 January 2008, which provides for the adoption of measures for the protection of the rights of migrants. In the context of this document, the Member States of ECOWAS reaffirm their willingness to combat all entities which promote the recruitment, transportation and exploitation of irregular migrants, particularly women and children. The Committee also notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families expressed concern regarding the abuse and exploitation of migrant workers, notably in agriculture, mining and domestic work, as well as the inadequacy of the measures taken by the State to combat the trafficking of children and women. The CMW also noted that the Government intends to draw up and approve a national strategy on migration covering the period 2014–25, together with a three-year plan 2014–16 (CMW/C/BFA/CO/1, paragraphs 5, 12, and 38). The Committee further notes that the Government refers once again in its report to sections 64 and 72 of the Labour Code, under the terms of which employers are required to submit the contracts of employment of foreign workers for approval by the labour inspectorate. The Government adds that bilateral agreements on migration have been concluded with France and Malta and that the majority of migrant workers in Burkina Faso come from Member States of ECOWAS, with which there are agreements on the free movement of persons. The Committee requests the Government to provide information on the effect given to Act No. 029-2008/AN, and on the implementation of the national strategy on migration 2014–25, and the three-year plan 2014–16 and their impact in practice on combating irregular migration and illegal employment. Please provide specific information on the penalties and other measures adopted against organizers of illegal or clandestine movements of migrants for employment, and employers in violation of the requirements set out in the Labour Code, with respect to work undertaken by foreign nationals. The Committee also requests the Government to provide information on the measures adopted in the framework of the ECOWAS Common Approach on Migration for the protection of migrant workers, including women, children and workers in agriculture, mining and domestic work.

Articles 10 and 12. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s indication that it is making efforts to adopt texts for the promotion of equality of treatment between migrant workers and nationals. With reference to the national strategy on migration for the period 2014–25 and the three-year plan 2014–16 envisaged by the Government, the Committee requests the Government to provide further details on the strategy and plan and to indicate in particular the provisions adopted and the measures taken with a view to ensuring equality of opportunity and treatment, in accordance with Articles 10 to 12 of the Convention. The Committee further requests the Government to provide a copy of the strategy and the plan once they have been adopted, and to indicate the measures taken with a view to their dissemination.

Articles 10 and 14(a). Access to employment. The Committee has been referring for many years to the lack of conformity with the Convention of sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967, under the terms of which, in occupations where a high number of unemployed have been registered among nationals, no jobseekers’ cards will be issued to foreign nationals and the conclusion of a contract of employment with a foreign national is subject to authorization which depends on the labour market situation. The Committee notes in this regard that the Government once again reiterates that section 4 of the Order has never been applied and that no worker has been refused a visa under these provisions. The Government adds that it will adopt provisions to bring the national legislation into conformity with the Convention. The Committee recalls that restrictions on the employment of foreigners, by means of work permits or employment authorizations, are generally imposed during a preliminary phase and are progressively relaxed after a prescribed period of residence or employment, when the worker acquires the status of a permanent resident or becomes entitled to an unrestricted work permit. The maximum period authorized by Article 14(a) is two years (see General Survey on migrant workers, 1999, paragraph 391). The Committee hopes that legislative provisions will be adopted in the near future with a view to revising Order No. 98/TFP/PMO/FPR of 15 February 1967 to ensure that the conclusion of a contract of employment with a foreign national is not dependent on the labour market situation and it requests the Government to provide information in this regard. Please provide statistical data on the number of workers who have been refused a work permit, with an indication of the reasons for the refusal.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Basic human rights of all migrant workers. The Committee notes the Government’s statement that effect is given to this provision through the ratification of Conventions and the inclusion of fundamental principles in the Labour Code applicable to all workers. The Committee requests the Government to provide information, including cases brought before the courts or other bodies, on the measures taken to ensure that the basic human rights of all migrant workers, including those in an irregular situation are ensured both in law and in practice.

Articles 2 to 7. Measures to address irregular migration and illegal employment. The Committee notes from the report of the UN Special Rapporteur on the rights of migrants (E/CN.4/2006/73/Add.2) that Burkina Faso is becoming mainly a country of transit and that in recent years irregular migration has become a real problem as is being illustrated by the problem of migrants returning from the Libyan Arab Jamahiriya which is sending more and more nationals from other countries to Burkina Faso. The Committee notes the Government’s indication that measures to detect illegal employment of migrants consist essentially of the employer’s obligation to submit the contracts of employment of migrant workers to the approval of the labour inspectorate (sections 64 and 72 of the Labour Code), and the control of enterprises by the inspectorate. It also notes that section 64(4) provides that refusal of the approval renders the contract null and void and entitles the worker to the payment of damages and interests. The Committee asks the Government to provide detailed information on the following: (a) the number of violations detected by the labour inspectorate of sections 64 and 72 of the Labour Code; (b) the sanctions imposed on employers violating these provisions; and (c) any cases in which migrant workers have received damages following a refusal of the approval of their contract of employment. Please also indicate any other measures taken or envisaged under Articles 2 to 7 of the Convention to prevent and combat migration in abusive conditions.

Consultation of organizations of employers and workers. With respect to the amendment of Decree No. 74/350/PRES/FPT of 14 September 1974, the Committee notes the Government’s statement that it will transmit any amended text as soon is it is adopted. The Committee recalls the Government’s obligation under Article 2(2) of the Convention to consult organizations of workers and employers and hopes that the Government will act effectively in the future to ensure that employers’ organizations are being represented on the Standing National Committee on Migration Issues.

Article 9(3). Costs of expulsion. The Committee notes the Government’s statement that the notion of regular or irregular workers does not exist in Burkina Faso and that the employment of migrant workers is only subject to the authorization of the competent authority. The migrant worker, even in the case where a work permit has been refused, continues to benefit from the right of residence. It also notes that section 64 of the Labour Code, 2004, no longer mentions the repatriation of the migrant worker in the case of an approval for the work permit being refused. While noting these explanations the Committee, recalling paragraph 310 of the General Survey on Migrant Workers, 1999, asks the Government to indicate the instances in which migrant workers can be expelled from the territory and the costs borne by them. Please also indicate the legal provisions in this regard.

Articles 10 and 12. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that there is no national policy concerning equality of opportunity and treatment with respect to migrant workers but that migrant workers are covered by the provisions of the Labour Code. The Committee wishes to point out that while the adoption of legislation is an important part of a national policy on equality, such a policy also requires the Government to undertake active measures to promote and implement equality of opportunity and treatment in practice. Such measures are described in Article 12 of the Convention and in the Migrant Workers (Supplementary Provisions) Recommendation, 1975 (No. 151). Recalling that such measures may be adopted progressively, the Committee hopes that the Government will make every effort to explore further measures to promote equality between migrant workers and nationals and to keep the Committee informed of any progress made in this regard.

The Committee notes the Government’s statement that sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967 have not been amended but that section 4 has not been applied in practice and until now no approval for a contract of employment of a migrant worker has been refused. Considering that the abovementioned provisions are not being applied in practice, the Committee encourages the Government to reconsider its position concerning Order No. 98/TFP/PMO/FPR of 15 February 1967, and to revise the text so as to reflect national practice and to ensure that the Convention is fully applied.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Basic human rights of all migrant workers. The Committee notes the Government’s statement that effect is given to this provision through the ratification of Conventions and the inclusion of fundamental principles in the Labour Code applicable to all workers. The Committee requests the Government to provide information, including cases brought before the courts or other bodies, on the measures taken to ensure that the basic human rights of all migrant workers, including those in an irregular situation are ensured both in law and in practice.

Articles 2 to 7. Measures to address irregular migration and illegal employment. The Committee notes from the report of the UN Special Rapporteur on the rights of migrants (E/CN.4/2006/73/Add.2) that Burkina Faso is becoming mainly a country of transit and that in recent years irregular migration has become a real problem as is being illustrated by the problem of migrants returning from the Libyan Arab Jamahiriya which is sending more and more nationals from other countries to Burkina Faso. The Committee notes the Government’s indication that measures to detect illegal employment of migrants consist essentially of the employer’s obligation to submit the contracts of employment of migrant workers to the approval of the labour inspectorate (sections 64 and 72 of the Labour Code), and the control of enterprises by the inspectorate. It also notes that section 64(4) provides that refusal of the approval renders the contract null and void and entitles the worker to the payment of damages and interests. The Committee asks the Government to provide detailed information on the following: (a) the number of violations detected by the labour inspectorate of sections 64 and 72 of the Labour Code; (b) the sanctions imposed on employers violating these provisions; and (c) any cases in which migrant workers have received damages following a refusal of the approval of their contract of employment. Please also indicate any other measures taken or envisaged under Articles 2 to 7 of the Convention to prevent and combat migration in abusive conditions.

Consultation of organizations of employers and workers. With respect to the amendment of Decree No. 74/350/PRES/FPT of 14 September 1974, the Committee notes the Government’s statement that it will transmit any amended text as soon is it is adopted. The Committee recalls the Government’s obligation under Article 2(2) of the Convention to consult organizations of workers and employers and hopes that the Government will act effectively in the future to ensure that employers’ organizations are being represented on the Standing National Committee on Migration Issues.

Article 9(3). Costs of expulsion. The Committee notes the Government’s statement that the notion of regular or irregular workers does not exist in Burkina Faso and that the employment of migrant workers is only subject to the authorization of the competent authority. The migrant worker, even in the case where a work permit has been refused, continues to benefit from the right of residence. It also notes that section 64 of the Labour Code, 2004, no longer mentions the repatriation of the migrant worker in the case of an approval for the work permit being refused. While noting these explanations the Committee, recalling paragraph 310 of the General Survey on Migrant Workers, 1999, asks the Government to indicate the instances in which migrant workers can be expelled from the territory and the costs borne by them. Please also indicate the legal provisions in this regard.

Articles 10 and 12. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that there is no national policy concerning equality of opportunity and treatment with respect to migrant workers but that migrant workers are covered by the provisions of the Labour Code, 2004. The Committee wishes to point out that while the adoption of legislation is an important part of a national policy on equality, such a policy also requires the Government to undertake active measures to promote and implement equality of opportunity and treatment in practice. Such measures are described in Article 12 of the Convention and in the Migrant Workers (Supplementary Provisions) Recommendation, 1975 (No. 151). Recalling that such measures may be adopted progressively, the Committee hopes that the Government will make every effort to explore further measures to promote equality between migrant workers and nationals and to keep the Committee informed of any progress made in this regard.

The Committee notes the Government’s statement that sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967 have not been amended but that section 4 has not been applied in practice and until now no approval for a contract of employment of a migrant worker has been refused. Considering that the abovementioned provisions are not being applied in practice, the Committee encourages the Government to reconsider its position concerning Order No. 98/TFP/PMO/FPR of 15 February 1967, and to revise the text so as to reflect national practice and to ensure that the Convention is fully applied.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 10 of the Convention. Equality of treatment with respect to trade union rights. The Committee recalls its previous comments in which it requested the Government to amend section 159 of the Labour Code which provided that members responsible for the management and administration of a trade union must be nationals of Burkina Faso or of a state with which establishment agreements have been concluded requiring reciprocity of trade union rights. The Committee notes with interest that section 264 of the new Labour Code, 2004, now allows foreigners with five years of residence to become trade union officials.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information sent by the Government. While noting that the Labour Code of 1992 is currently being reviewed, the Committee is nonetheless bound once again to draw the Government’s attention to the following points.

1. Article 2, paragraph 2, of the Convention (read together with Article 7). The Committee notes that the Government has still not amended Decree No. 74/350/PRES/FPT of 14 September 1974 so as to ensure that the representative organizations of employers are represented on the Standing National Committee for Migration Issues. It asks the Government to provide a copy of the new text once it has been adopted.

2. Article 9, paragraph 3. Further to its previous comments, the Committee notes the provisions of section 14 of the Labour Code concerning migrant workers who are in an irregular situation through no fault of their own. According to section 14, if the employer fails to apply for a visa or if a visa is refused, the work contract becomes null and void. Repatriation is at the employer’s expense in both cases.

However, the Labour Code contains no provisions to give effect to Article 9, paragraph 3, under which, when the irregular situation is not of the migrants’ own making, they bear the transport costs but not the costs of expulsion. The Committee asks the Government to provide information on the manner in which it is ensured that in such event the migrant worker does not bear the costs of expulsion.

3. Article 10 (read in conjunction with Articles 12(d) and 14(a)). The Committee notes with regret that, according to section 159 of the Labour Code, "members of a trade union who perform management and administrative duties must be nationals of Burkina Faso or of a State with which establishment agreements have been concluded providing for reciprocity in respect of the right to organize". The Committee again refers to the comments it has been making since 1981 to the effect that the abovementioned provisions are not consistent with Article 10 of the Convention which prescribes equality of treatment in respect of trade union rights. The Committee hopes that the requirement of reciprocity will be eliminated.

4. The Committee also notes that, contrary to the intent expressed in 1992, the Government has still not amended articles 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967 to give effect to Articles 10, 12(d) and 14(a) of the Convention. It would be grateful if the Government would provide a copy of the revised text as soon as it has been adopted.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee takes note of the information supplied by the Government in reply to its previous comments. While recalling the assurances given by the Government in its last but one report (1992) to the effect that the Committee's comments would be taken into account in the definitive text of the draft Labour Code, it once again wishes to draw the Government's attention to the following points.

Article 2, paragraph 2, in conjunction with Article 7 of the Convention. The Committee notes that the Government intends to amend Decree No. 74/350/PRES/FPT, of 14 September 1974, to bring it into conformity with these provisions of the Convention. It requests the Government to supply a copy of the revised text when it is adopted.

Article 9. The Committee recalls that the draft text does not contain any provision to give effect to Article 9, paragraph 3, which states that in the case of expulsion of the worker or his family, the cost shall not be borne by them. It trusts that this provision will be included in the new Labour Code.

Article 10, in conjunction with Articles 12(d) and 14(a). The Committee notes with interest that, according to the Government, section 9 of the draft text introduces a foreign workers' permit, without any condition of reciprocity.

Furthermore, the Committee notes with regret that the Government, referring to the law and practice of the subregion, intends to retain section 159 of the draft text which reproduces the provisions of section 6 of the present Labour Code and provides that "members responsible for the leadership and administration of a trade union must be nationals of Burkina Faso or of a State that has concluded a residents' agreement with Burkina Faso, which establishes reciprocity in respect of trade union rights". The Committee refers once again to the comments it has been making since 1981 to the effect that section 6 of the Labour Code is not consistent with Article 10 of the Convention, which prescribes equality of treatment in respect of trade union rights. It hopes that the condition of reciprocity will be omitted from the final draft.

Furthermore, the Committee notes that, according to the Government, fees for visas on work contracts of workers other than African workers, under section 14 (last paragraph) of the draft, are to be paid exclusively by the employer. The Committee hopes that, with a view to guaranteeing the principle of equality of treatment set out in Article 10 of the Convention, the wording of section 14 of the draft text will set out clearly that the above fees are payable by the employer in all cases.

The Committee also notes that the Government intends to modify sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR, of 15 February 1967, to give effect to Articles 10, 12(d) and 14(a) of the Convention. It requests the Government to supply a copy of the revised text when it is adopted.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the Government's assurances in its latest report that the Committee's comments will be taken into account in the final draft of the Labour Code. It also notes the preliminary draft of the Labour Code of October 1991 and wishes to draw the Government's attention to the following points.

Article 10 of the Convention. Section 9 of the above draft provides for the introduction of a foreign workers' permit which will only be granted to workers from other African States if there is reciprocity between the State concerned and Burkina Faso. In this connection, the Committee refers to paragraph 31 of its General Survey of 1980 on Migrant Workers in which it indicates that a migrant worker who lawfully resides and works in the country does not have to be the subject of a State that has ratified the Convention or that guarantees identical treatment to the subjects of the country of immigration or employment in order to benefit from the protection provided for in the Convention.

Similarly, section 161 of the draft, which reproduces the provisions of section 6 of the present Labour Code, provides that "members responsible for the management and administration of a trade union must be nationals of Burkina Faso or of a State that has concluded a residence agreement with Burkina Faso, which establishes reciprocity in respect of trade union rights". The Committee refers to the comments it has been making since 1981 to the effect that section 6 of the Labour Code is not consistent with Article 10 of the Convention which lays down equality of treatment in respect of trade union rights. It hopes that the condition of reciprocity will be omitted from the final draft.

Section 14 of the draft (last paragraph) states that "the visa on a work contract to foreign workers other than Africans shall be subject to the payment of a fee; the amount and mode of payment of such fee shall be determined by order of the minister responsible for Labour". This provision introduces a distinction which discriminates between migrant workers and is therefore not compatible with the principle of equality of treatment provided for in Article 10.

The Committee notes that the draft contains no provision to give effect to Article 9, paragraph 3, which stipulates that in case of expulsion of the worker or his family, the cost shall not be borne by them.

The Committee notes with interest that the project contains no provision similar to section 32, subsection 2, of the Labour Code which establishes a longer trial period for foreign workers and on which the Committee has commented previously in connection with Articles 10 and 12(d) of the Convention.

Furthermore, the Committee notes that the Government intends to amend Decree No. 74/350/PRES/FPT of 14 September 1974 to bring it into line with Articles 2, paragraph 2, and 7 of the Convention, as well as sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967 in order to give effect to Articles 10, 12(d) and 14(a) of the Convention.

The Committee hopes that the drafts will be amended and adopted in order to bring the legislation into conformity with the Convention in the very near future. It asks the Government to report on any progress made in this respect and to provide a copy of the texts governing the residence of foreigners.

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

With reference to its previous comments, the Committee notes from the Government's report that the draft Labour Code will give full effect to the provisions of the Convention. In this connection, the Committee recalls that the following texts were to be amended:

- Decree No. 74/350/PRES/FPT of 14 September 1974 (to bring it into conformity with Article 2, paragraphs 2 and 7, of the Convention);

- section 6 of the Labour Code (to bring it into conformity with Article 10 of the Convention);

- section 32, subsection 2, of the Labour Code (to bring it into conformity with Articles 10 and 12 (d) of the Convention);

- sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967 (to bring them into conformity with Articles 10, 12 (d) and 14 (a) of the Convention).

The Committee asks the Government to indicate the measures taken or envisaged in the reform of the Labour Code to bring the national legislation into conformity with the Convention. Furthermore, the Committee asks the Government to provide copies of the texts regulating the residence of foreigners.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest from the Government's reply to its previous direct request, that the Government envisages taking the necessary steps in the near future to amend, in accordance with the Convention, the texts to which the Committee referred in its previous comments. The Committee recalls that the following texts should be amended:

- Decree No. 74/350/PRES/FPT of 14 September 1974 (to bring it into conformity with Article 2, paragraphs 2 and 7, of the Convention).

- Section 6 of the Labour Code (to bring it into conformity with Article 10 of the Convention).

- Section 32, subsection 2, of the Labour Code (to bring it into conformity with Articles 10 and 12(d) of the Convention).

- Sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967 (to bring them into conformity with Articles 10, 12(d) and 14(a) of the Convention).

The Committee hopes that it will be possible for the next report to contain information on the amendments made to give full effect to the Convention.

2. The Committee thanks the Government for providing the text of Ordinance No. 83-005/CSP/PRES of 2 February 1983. It requests the Government to provide with its next report a copy of the texts governing the residence of foreigners.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes with interest from the Government's reply to its previous direct request, that the Government envisages taking the necessary steps in the near future to amend, in accordance with the Convention, the texts to which the Committee referred in its previous comments. The Committee recalls that the following texts should be amended:

- Decree No. 74/350/PRES/FPT of 14 September 1974 (to bring it into conformity with Article 2, paragaphs 2 and 7, of the Convention).

- Section 6 of the Labour Code (to bring it into conformity with Article 10 of the Convention).

- Section 32, subsection 2, of the Labour Code (to bring it into conformity with Articles 10 and 12(d) of the Convention).

- Sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967 (to bring them into conformity with Articles 10, 12(d) and 14(a) of the Convention).

The Committee hopes that it will be possible for the next report to contain information on the amendments made to give full effect to the Convention.

2. The Committee thanks the Government for providing the text of Ordinance No. 83-005/CSP/PRES of 2 February 1983. It requests the Government to provide with its next report a copy of the texts governing the residence of foreigners.