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

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

The Government communicated the following information:

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 when this requirement has not been met. 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. Freedom of speech and freedom of association are thus a reality in Burkina Faso even in the public service.

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

Previous comment

The Committee notes the Government’s comments in response to 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/UNS); National Organization of Free Trade Unions (ONSL) and the Trade Union of Workers of Burkina Faso (USTB)) received on 29 August 2019, concerning the administrative suspension of two trade unions in the transport sector and the ban on the activities of a prison officials’ union. The Committee notes the Government’s indication that the suspension measures against the trade unions in the transport sector have been lifted but, with regard to the prison officials’ union, that the activities in question have been suspended since they were not lawful as they aimed at inciting militants to engage in assaults and stop work illegally, and that legal proceedings are under way. Noting that such suspension measures involve a serious risk of interference in the very existence of organizations, and recalling that these measures should be accompanied by all the necessary guarantees, in particular adequate judicial safeguards (see the 2012 General Survey on the fundamental Conventions, paragraph 162), the Committee requests the Government to provide information on the legal proceedings in question.

In its previous comments, the Committee requested the Government to amend certain legislative and regulatory provisions relating to the right to strike. The Committee notes the Government’s indication that the process of adoption of the Labour Code has been further delayed, owing to the prevailing socio-economic situation in the country, and its reiteration that the process is under way and that the concerns expressed regarding the non-conformity of certain provisions have been taken into account. Under these conditions, the Committee is bound to recall that the Government is expected to take the necessary measures to amend, in particular, the following legislative and regulatory provisions:

• section 386 of the Labour Code, under the terms of which the exercise of the right to strike shall on no account be accompanied by the occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this regard, the Committee recalled that restrictions on strike pickets and the occupation of the workplace are acceptable only where the action ceases to be peaceful. However, it is necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises;
• the Order of 18 December 2009, issued under section 384 of the Labour Code, which lists establishments that may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike. The Committee observed that certain of the services contained in the list could not be considered essential services or require the maintenance of a minimum service in the event of a strike, such as mining and quarrying, public and private slaughterhouses, university centres. The Committee therefore requested the Government to revise the list of establishments which may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike to ensure that requisitioning is only possible in: (i) 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) services which are not essential in the strict sense of the term, but in which strikes of a certain scope and duration could give rise to an acute crisis threatening the normal living conditions of the population; or (iii) public services of fundamental importance.

The Committee once again expresses the firm hope that the Labour Code will be adopted in the near future and that it will give full effect to the provisions of the Convention. It requests the Government to provide a copy of the Code once promulgated, as well as any relevant implementing texts.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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 the administrative suspension of two trade unions in the transport sector and the ban on the activities of a prison officials’ union. Expressing its concern at the nature of such allegations, the Committee requests the Government to provide its comments in this regard.

In its previous comments, the Committee requested the Government to amend certain legislative and regulatory provisions relating to the right to strike in order to bring them into conformity with Articles 2 and 3 of the Convention:

• -section 386 of the Labour Code, under the terms of which the exercise of the right to strike shall on no account be accompanied by the occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this regard, the Committee recalled that restrictions on strike pickets and the occupation of the workplace are acceptable only where the action ceases to be peaceful. However, it is necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises;
• -the Order of 18 December 2009, issued under section 384 of the Labour Code, which lists establishments that may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike. The Committee observed that certain of the services contained in the list could not be considered essential services or require the maintenance of a minimum service in the event of a strike, such as mining and quarrying, public and private slaughterhouses, university centres. The Committee therefore requested the Government to revise the list of establishments which may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike to ensure that requisitioning is only possible in: (i) 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) services which are not essential in the strict sense of the term, but in which strikes of a certain scope and duration could give rise to an acute crisis threatening the normal living conditions of the population; or (iii) public services of fundamental importance.

The Committee notes the Government’s indication that the process of revising the Labour Code has not yet been completed, that the draft bill issuing the Labour Code was discussed at a validation workshop in October 2017 and that, once the revision process is complete, the above-mentioned Order of 18 December 2009 on requisitions could be amended.

With regard to its previous comments on the need to amend section 283 of the Labour Code, which provides that children of at least 16 years of age may join a trade union unless their father, mother or guardian objects, the Committee welcome’s the Government’s indication that the draft revising the Labour Code no longer refers to objections by parents or guardians.

The Committee expresses the firm hope that the Labour Code will be adopted in the near future and that it will give full effect to the provisions of the Convention on the matters recalled above. It requests the Government to provide a copy of the Code once promulgated, as well as any relevant implementing texts.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee takes note of the adoption of Act No. 081-2015/CNT dated 24 November 2015 on General Civil Service Regulations.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities and formulate their programme without interference by the public authorities. Trade union office. The Committee notes that under the terms of section 40(1) of the General Civil Service Regulations, persons responsible for the administration and management of a trade union must be citizens of Burkina Faso or nationals of a foreign State with which agreements have been concluded stipulating reciprocity regarding trade union law. The Committee recalls that the grant to foreigners of the trade union rights prescribed by the Convention may under no circumstances be subject to a reciprocity requirement, and that national legislation should allow foreign workers to hold trade union office, at least after a reasonable period of residence in the host country.

Under the terms of section 40(2) of the General Civil Service Regulations, the members in charge of the administration or the management of a trade union must not have been convicted of criminal charges causing the suspension of voting rights according to current electoral laws. The Committee recalls that conviction of an act which, by its nature, does not call into question the integrity of the person and implies no real risk for the performance of trade union duties should not constitute grounds for exclusion from trade union office.

The Committee requests the Government to take the necessary measures to amend the legislation accordingly.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, concerning the continued obstacles to the application of the Convention, and the Government’s reply on this subject. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature.

In its previous comments, the Committee requested the Government to amend certain legislative provisions to bring them into conformity with Articles 2 and 3 of the Convention:

• -section 386 of the Labour Code, under the terms of which the exercise of the right to strike shall on no account be accompanied by the occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this regard, the Committee recalled that restrictions on strike pickets and the occupation of the workplace are acceptable only where the action ceases to be peaceful. However, it is necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises;
• -the Order of 18 December 2009, issued under section 384 of the Labour Code, which lists establishments that may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike. The Committee observes that certain of the services contained in the list could not be considered essential services or require the maintenance of a minimum service in the event of a strike, such as mining and quarrying, public and private slaughterhouses, university centres. The Committee therefore requested the Government to revise the list of establishments which may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike to ensure that requisitioning is only possible in: (i) 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) services which are not essential in the strict sense of the term, but in which strikes of a certain extent and length could give rise to an acute crisis threatening the normal living conditions of the population; or (iii) public services of fundamental importance.

The Committee notes the Government’s indication that the process of revising the Labour Code has commenced, in consultation with the social partners, and that following the revision, the Order of 18 December 2009 referred to above respecting requisitioning will be amended as a consequence. The Committee trusts that the Labour Code will be adopted in the near future and that it will give full effect to the provisions of the Convention on the points recalled above. It requests the Government to provide a copy of the Labour Code when it has been adopted, and any relevant implementing texts.

As regards its previous comments on the right of minors to join trade unions, the Committee requests the Government to provide information on the impact of the intervention of parents or guardians under section 283 of the Labour Code on the ability of 16-year-old workers or apprentices to join trade unions.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the comments of 2013 by the International Trade Union Confederation (ITUC) on persistent obstacles to the application of the Convention as well as the observation of the Government thereon.

In its previous comments, the Committee requested the Government to amend a number of legislative provisions in order to bring them into line with Articles 2 and 3 of the Convention.

• -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. The Committee requested the Government to take measures 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 intervention of a parent or guardian. The Committee notes the Government’s indication that the amendment to section 283 as requested by the Committee is envisaged in the framework of the revision of the Labour Code.
• -Section 386 of the Labour Code according to which the exercise of the right to strike shall on no account be accompanied by occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. The Committee pointed out in this connection that any restrictions on strike pickets and workplace occupation are acceptable only where the action ceases to be peaceful. Nonetheless, it is necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises. The Committee takes note of the Government’s indication that the provisions will be amended in the framework of the revision of the Labour Code.
• -Act No. 45-60/AN of 25 July 1960, under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee takes note of the Government’s indication that the requisitioning of public employees is neither preventive nor collective and that it only concerns essential services in the strict sense of the term.
• -Order of 18 December 2009 adopted according to section 384 of the Labour Code which lists establishments which may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike. The Committee observed that the list mentioned some facilities which cannot be regarded as essential or require the maintenance of a minimum service, particularly mining and quarrying services, public and private slaughterhouse facilities, university welfare centres, etc. The Committee requested the Government to revise the list to ensure that 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. The Committee notes the indication from the Government that nothing has evolved in this regard and that the list remains.

The Committee trusts that the Government will indicate in its next report concrete measures taken in consultation with the social partners to amend the Labour Code and the Order of 18 December 2009 so as to ensure their conformity with the Convention.

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

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.

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

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

The Committee also notes the comments of 31 July 2012 by the International Trade Union Confederation (ITUC), which refer to legislative issues already raised by the Committee and to violations of trade union rights in practice, in particular dismissals of strikers, police repression of a demonstration organized during a strike and threats against a union leader. While noting the Government’s reply to earlier comments by the ITUC raising similar matters, the Committee requests the Government to send its observations on the ITUC’s new allegations.

Article 3 of the Convention. Occupation of premises in the event of a strike. The Committee noted previously that, according to section 386 of the Labour Code, the exercise of the right to strike shall on no account be accompanied by occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. The Committee pointed out in this connection that any restrictions on strike pickets and workplace occupation are acceptable only where the action ceases to be peaceful. The Committee points out that it is nonetheless necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises. The Committee notes that in its report the Government again states that section 386 of the Labour Code seeks to prevent any lapses arising out of a strike, such as failure to respect the freedom of non-strikers to work. The Committee requests the Government to amend section 386 of the Labour Code so as to abolish the ban on the occupation of workplaces or their immediate surroundings in the event of a strike and to ensure that any restrictions are allowed only in the instances recalled above.

Requisitioning of public employees. In its previous comments the Committee pointed out the need to amend Act No. 45-60/AN of 25 July 1960, under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee observed that it would be advisable to confine the authority to requisition public employees to cases in which the right to strike may be limited or even prohibited, namely: (a) where these employees exercise authority in the name of the State; (b) in essential services in the strict sense of the term; and (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation. Noting the Government’s statement that measures are envisaged to revise Act No. 45 60/AN of 25 July 1960, the Committee requests the Government to ensure that, in the course of the revision the requisitioning of public employees will be possible only in the instances recalled above. It requests the Government to supply information on relevant developments in the legislation.

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

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

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 2 of the Convention. Trade union rights of apprentices. In its previous comments, the Committee noted the Government’s indication that the former Labour Code made no express provision for the trade union rights of apprentices, and it asked it to envisage, as part of the process of the revision of the Labour Code, the inclusion of a provision expressly guaranteeing the trade union rights of apprentices. The Committee noted that the provisions of the new Labour Code of 2008 (sections 13–17) respecting apprentices do not expressly provide for their trade union rights. The Committee, recalling that the denial of the right to organize to workers undergoing a probationary period can raise problems of application regarding the Convention, requested the Government to indicate the manner in which the trade union rights of apprentices are guaranteed.

Right to organize of minors. The Committee noted that section 283 of the Labour Code provides that children of at least 16 years of age may join trade unions, unless there is opposition from the father, mother or guardian. The Committee recalled that this provision is not in conformity with Article 2 of the Convention, which establishes the right of all workers, without distinction whatsoever, to establish and join organizations of their own choosing. The Committee requested the Government to take the necessary steps to guarantee the right to organize of minors who have reached the statutory minimum age for admission to employment (16 years under the terms of section 152 of the Labour Code), whether as workers or as apprentices, without the need for authorization from a parent or a guardian.

Article 3. Right of organizations to carry out their activities freely and to formulate their programmes. Minimum service. In its previous comment, the Committee noted that, under section 384 of the Labour Code, in order to ensure a minimum service, the competent administrative authority may at any time proceed to requisition workers in private enterprises and services and in public establishments who carry out work that is indispensable for the safety of persons and goods, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. The Committee also noted that, under the terms of section 385 of the Labour Code, the list of jobs, the conditions and procedures for requisitioning workers, notification and means of publication are set out in regulations issued by the Ministry of Labour after consultation of the Labour Advisory Committee. In this respect, the Committee noted the Government’s indication of the adoption of the Order of 18 December 2009, section 3 of which lists the establishments which may be subject to requisitioning with a view to ensuring a minimum service in the event of a strike. The Committee observed that certain services mentioned in section 3 of the Order may not be considered as essential services or those requiring the maintenance of a minimum service in the case of a strike, particularly mining and quarrying services, public and private slaughterhouse facilities, schools and student dormitories, university centres, etc. The Committee recalled that the maintenance of minimum services in the event of a strike should be 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 of a certain duration or extent could result in an acute national crisis threatening the normal living conditions of the population; and (iii) in public services of fundamental importance. Furthermore, the Committee considered that the requisitioning of workers in the event of a strike is to be avoided, except where essential services have to be maintained in particularly serious circumstances (see the 1994 General Survey, Freedom of association and collective bargaining, paragraph 163). The Committee therefore requested the Government to amend the list of establishments which may be subject to requisitioning with a view to ensuring a minimum service in the event of a strike, taking into account the principles referred to above.

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

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 of the International Trade Union Confederation (ITUC) dated 24 August 2010 concerning the application of the Convention and reporting dismissals of trade union delegates and members for participation in strikes. The Committee requested the Government to provide its observations on these matters and on the ITUC’s comments of 2009.

Article 3 of the Convention. Occupation of premises in the event of a strike. The Committee noted previously that, under section 386 of the Labour Code, the exercise of the right to strike shall on no account be accompanied by occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this respect, the Committee recalled that any restrictions on strike pickets and workplace occupations should be limited to cases where the action ceases to be peaceful or where observance of the freedom of non-strikers to work, or the right of management to enter the premises, are impeded. The Committee therefore requested the Government to take the necessary measures to amend section 386 of the Labour Code as indicated above so that the restrictions that it envisages only apply in cases in which a strike ceases to be peaceful or where observance of the freedom of non-strikers to work and the right of management to enter the premises are impeded.

Requisitioning of public employees. In its previous comments, the Committee recalled the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee pointed out that it would be advisable to restrict the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited. Noting the Government’s statement that it was planning to revise Act No. 45-60/AN, the Committee requested the Government to indicate any amendment or repeal of sections 1 and 6 of that Act. Noting the absence of information in this respect, the Committee reiterated its request to the Government to indicate any measures taken to amend or repeal sections 1 and 6 of Act No. 45-60/AN to take into account the principles referred to above.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Trade union rights of apprentices. In its previous comments, the Committee noted the Government’s indication that the former Labour Code made no express provision for the trade union rights of apprentices, and it asked it to envisage, as part of the process of the revision of the Labour Code, the inclusion of a provision expressly guaranteeing the trade union rights of apprentices. The Committee notes that the provisions of the new Labour Code of 2008 (sections 13–17) respecting apprentices do not expressly provide for their trade union rights. The Committee, recalling that the denial of the right to organize to workers undergoing a probationary period can raise problems of application regarding the Convention, requests the Government to indicate the manner in which the trade union rights of apprentices are guaranteed.

Right to organize of minors. The Committee notes that section 283 of the Labour Code provides that children of at least 16 years of age may join trade unions, unless there is opposition from the father, mother or guardian. The Committee recalls that this provision is not in conformity with Article 2 of the Convention, which establishes the right of all workers, without distinction whatsoever, to establish and join organizations of their own choosing. The Committee notes that the Government’s report does not provide any information on this subject. The Committee requests the Government to take the necessary steps to guarantee the right to organize of minors who have reached the statutory minimum age for admission to employment (16 years under the terms of section 152 of the Labour Code), whether as workers or as apprentices, without the need for authorization from a parent or a guardian.

Article 3. Right of organizations to carry out their activities freely and to formulate their programmes. Minimum service. In its previous comment, the Committee noted that, under section 384 of the Labour Code, in order to ensure a minimum service, the competent administrative authority may at any time proceed to requisition workers in private enterprises and services and in public establishments who carry out work that is indispensable for the safety of persons and goods, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. The Committee also noted that, under the terms of section 385 of the Labour Code, the list of jobs, the conditions and procedures for requisitioning workers, notification and means of publication are set out in regulations issued by the Ministry of Labour after consultation of the Labour Advisory Committee. In this respect, the Committee notes the Government’s indication of the adoption of the Order of 18 December 2009, section 3 of which lists the establishments which may be subject to requisitioning with a view to ensuring a minimum service in the event of a strike. The Committee observes that certain services mentioned in section 3 of the Order may not be considered as essential services or those requiring the maintenance of a minimum service in the case of a strike, particularly mining and quarrying services, public and private slaughterhouse facilities, schools and student dormitories, university centres, etc. The Committee recalls that the maintenance of minimum services in the event of a strike should be 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 of a certain duration or extent could result in an acute national crisis threatening the normal living conditions of the population; and (iii) in public services of fundamental importance. Furthermore, the Committee considers that the requisitioning of workers in the event of a strike is to be avoided, except where essential services have to be maintained in particularly serious circumstances (see the 1994 General Survey, Freedom of association and collective bargaining, paragraph 163). The Committee therefore requests the Government to amend the list of establishments which may be subject to requisitioning with a view to ensuring a minimum service in the event of a strike, taking into account the principles referred to above.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments of the International Trade Union Confederation (ITUC) dated 24 August 2010 concerning the application of the Convention and reporting dismissals of trade union delegates and members for participation in strikes. The Committee requests the Government to provide its observations on these matters and on the ITUC’s comments of 2009.

Article 3 of the Convention. Occupation of premises in the event of a strike. The Committee noted previously that, under section 386 of the Labour Code, the exercise of the right to strike shall on no account be accompanied by occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this respect, the Committee recalled that any restrictions on strike pickets and workplace occupations should be limited to cases where the action ceases to be peaceful or where observance of the freedom of non-strikers to work, or the right of management to enter the premises, are impeded. The Committee notes that the Government’s report does not provide any information on this subject. The Committee therefore requests the Government to take the necessary measures to amend section 386 of the Labour Code as indicated above so that the restrictions that it envisages only apply in cases in which a strike ceases to be peaceful or where observance of the freedom of non-strikers to work and the right of management to enter the premises are impeded.

Requisitioning of public employees. In its previous comments, the Committee recalled the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee pointed out that it would be advisable to restrict the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited. Noting the Government’s statement that it was planning to revise Act No. 45-60/AN, the Committee requested the Government to indicate any amendment or repeal of sections 1 and 6 of that Act. Noting the absence of information in this respect, the Committee reiterates its request to the Government to indicate any measures taken to amend or repeal sections 1 and 6 of Act No. 45-60/AN to take into account the principles referred to above.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received.

Article 2 of the Convention. Trade union rights of apprentices. In its previous comments, the Committee noted the Government’s statement that the former Labour Code made no express provision for the trade union rights of apprentices, and asked it to envisage, as part of the revision of the Labour Code, the inclusion of a provision expressly guaranteeing the trade union rights of apprentices. The Committee notes that the provisions on apprentices in the new Labour Code of 2008, contain no express guarantee of the trade union rights of apprentices. Recalling that the denial of the right to organize of workers undergoing a probationary period can raise problems of application regarding the Convention, the Committee requests the Government to indicate the manner in which the trade union rights of apprentices are guaranteed.

Right to organize of minors. The Committee notes that section 283 of the Labour Code provides that children of at least 16 years of age may belong to trade unions unless there is opposition from the father, mother or guardian. The Committee observes that this provision is not consistent with Article 2 of the Convention which establishes the right of all workers, without distinction whatsoever, to establish and join organizations of their choosing. The Committee requests the Government to take the necessary steps to guarantee the right to organize of minors who have reached the statutory minimum age for 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 a guardian.

Article 3. Right of organizations to carry on their activities freely and to formulate their programmes. Minimum service. The Committee notes that according to section 384 of the Labour Code, in order to ensure a minimum service, the competent administrative authority may at any time proceed to requisition workers in private enterprises and public services and establishments who carry out work which is indispensible to the safety of persons and goods, to maintenance of the peace, to continuity of the public service or to satisfaction of essential needs of the community. The Committee notes that according to section 385 of the Labour Code, the list of jobs, the conditions and procedures for requisitioning workers, notification, and means of publication, are set in regulations issued by the Ministry of Labour after consultation of the Labour Advisory Committee. The Committee recalls that the maintenance of minimum services in the event of a strike should be possible only; (1) in services the interruption of which would be liable to endanger the life, public safety or health of the whole or part of the population (essential services in the strict sense of the term); (2) in services which are not essential in the strict of the term but in which a strike could, owing to its extent and length, lead to an acute national crisis threatening the normal living conditions of the population; and (3) in public services of fundamental importance. Furthermore, it is important that not only the public authorities, but also the employers’ and workers’ organizations concerned, should participate in determining minimum services and the number of workers needed to maintain them. This not only allows a careful exchange of viewpoints of what, in a given situation, can be considered to be the minimum services that are strictly necessary, but also contributes to guaranteeing that the scope of the minimum service does not result in the strike becoming ineffective in practice because of its limited impact, and to dissipating possible impressions in the trade union organizations that a strike has come to nothing because of over-generous and unilaterally-fixed minimum services. The Committee requests the Government to provide detailed information in its next report on the practical effect given to sections 384 and 385 of the Labour Code, including the list of jobs for which the competent authority may requisition workers to maintain a minimum service in the event of a strike, specifying whether the representative organizations concerned were consulted.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received.

In its previous observation, the Committee noted the comments by the International Trade Union Confederation (ITUC) reporting restrictions on the right to strike in the legislation and acts of intimidation and threats against the leaders of the principal national trade union federations on grounds of their participation in a national strike. The Committee takes note of the Government’s reply, and notes in particular that it has adopted Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code. The Committee further notes the communication of 26 August 2009 by the ITUC reporting the arrest without charge and interrogation of an activist of the Union of Education and Research Workers, and the requisitioning of employees to contain strikes in various sectors. The Committee urges the Government to send its comments on the above.

Article 3. Right of organizations to carry on their activities in full freedom and to formulate their programmes. Purpose of the strike. The Committee recalls that its previous comments concerned the need to amend section 351 of the Labour Code so as to enable organizations representing workers to resort to strike action in order to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular in regard to employment, social protection and standards of living. The Committee notes with satisfaction that, in the new Labour Code (Act No. 028-2008/AN of 13 May 2008), section 382 now defines a strike as a concerted and collective cessation of work with a view to supporting professional demands and ensuring defence of the workers’ material or moral interests.

Occupation of premises in the event of a strike. The Committee notes that, according to section 386 of the Labour Code, exercise of the right to strike shall on no account be accompanied by occupation of the workplace or immediate surroundings subject to the penal sanctions established in the legislation in force. The Committee recalls in this connection that any restrictions on strike pickets and workplace occupations should be limited to cases where the action ceases to be peaceful or where observance of the freedom of non-strikers to work, or the right of management to enter the premises, are impeded. Consequently, the Committee requests the Government to take the necessary steps to ensure that the restrictions provided for in section 386 of the Labour Code apply only where a strike ceases to be peaceful or where observance of the freedom of non-strikers to work and the right of management to enter the premises are impeded.

Requisitioning of public employees. In its previous comments, the Committee recalled the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee pointed out that it would be advisable to restrict the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited. Noting the Government’s statement that it was planning to revise Act No. 45-60/AN, the Committee asked the Government to indicate any amendment or repeal of sections 1 and 6 of Act No. 45-60/AN. Noting the absence of any information in this regard, the Committee again requests the Government to indicate any measures taken either to amend sections 1 and 6 of Act No. 45-60/AN so as to take account of the Committee’s comments, or to repeal those sections.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s reply with regard to section 351 of the Labour Code, which provides that a strike is a concerted and collective cessation of work with a view to endorsing professional demands already agreed upon and to which the employer refuses to give satisfaction, and that a strike is illegal when the cessation of work does not correspond to any professional demands.

In its reply, the Government indicates that the provisions of the Labour Code do not restrict the right to strike that it would not impede the exercise of this right by any trade union organization. It adds that the concerns relating to the need to adopt a broader definition of strikes will be taken into account in consultation with the social partners in the process of revising the Labour Code, which commenced in September 2007. The Committee recalls that organizations responsible for defending workers’ socio-economic and occupational interests should be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular in regard to employment, social protection and standards of living. The Committee requests the Government to indicate the amendments made in this respect in its next report.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and the reply to its previous observation. It also notes the observations of the International Trade Union Confederation (ITUC) dated 28 August 2007, which relate to issues already raised by the Committee in its previous observation and report acts of intimidation and threats against the leaders of the principal national trade union federations on the grounds of their participation in a national strike on 23 and 24 May 2006, and the requisitioning of many workers. The Committee notes the Government’s reply, in which it stated that it would have liked to receive more information on the allegations made before providing its reply. The Committee recalls that, in general terms, the rights of workers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations and requests the Government to conduct an inquiry into these allegations.

Article 3 of the Convention. Powers of requisitioning. In its previous comments, the Committee referred in particular to section 353 of the Labour Code, which provides that the competent administrative authority may, at any time, proceed to the requisitioning of workers in private enterprises and public services and establishments occupying jobs that are indispensable for the safety of persons and property, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. In this respect, the Committee indicated that it would be necessary to restrict the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited, namely: (1) public servants exercising authority in the name of the State; (2) essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; and (3) in the event of an acute national crisis. In its reply, the Government contends that section 353 of the Labour Code merely establishes the principle of the requisitioning of workers in the event of a strike. However, it indicates its readiness to take into account the recommendations of the ILO in determining the list of jobs which could be covered by requisitioning in the event of a strike. Taking due note of this statement, the Committee requests the Government to establish by regulation the list of jobs determined under section 353 of the Labour Code and to provide this list with its next report. It trusts that the principles that it has recalled above will be taken into account in the determination of this list.

Furthermore, in its previous observation, the Committee requested the Government to specify the provisions applicable to public servants and state employees in relation to strikes and the powers of requisitioning of the authorities. Taking into account the fact that, under the terms of section 4 of the Labour Code, officials in the public service, inter alia, are not governed by the provisions of the Labour Code, the Committee requested the Government to indicate whether officials in the public service who go on strike are governed by Act No. 45-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees. In this respect, the Committee had recalled the need to amend sections 1 and 6 of Act No. 45-60/AN which establish, among other provisions, that, with a view to ensuring the continuity of the administration and the safety of persons and property, public servants may be required to perform their duties. The Committee is of the opinion that it would be advisable to restrict the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited (see above). In its reply, the Government indicates that Act No. 45-60/AN is still in force and that its revision is envisaged following revision of section 353 of the Labour Code. The Committee takes note of this information and trusts that the Government will be in a position to inform it of the amendment or the repeal of sections 1 and 6 of Act No. 45-60/AN in the near future.

Taking due note of the Government’s indication that it has commenced the revision of the Labour Code in September 2007, the Committee trusts that it will take the points raised above into account in this process, and more generally, in any process of the revision of labour regulations, both for the private sector and the public service. The Committee requests the Government to indicate in its next report all the amendments made and to provide copies of the new texts adopted, where appropriate.

The Committee takes note of the Government’s indication that the provisions of the Labour Code are not explicit on trade union rights of apprentices, governed by sections 24–37 of the Labour Code. While noting that the Government refers to the provisions relating to the trade union rights of minors of at least 15 years of age contained in section 257 of the Code, the Committee suggests the Government to envisage, in the framework of revision of the Labour Code, inclusion of an explicit provision guaranteeing trade union rights to apprentices. It requests the Government to keep it informed of any measures taken in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that section 351 of the Labour Code provides that a strike is a concerted and collective cessation of work with a view to endorsing professional demands already agreed upon and to which the employer refuses to give satisfaction, and that a strike is illegal when the cessation of work does not correspond to any professional demands.

In this respect, the Committee requests the Government to indicate in its next report if the organization responsible for defending workers’ socio-economic and occupational interests is able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and standards of living.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

It also notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, which report in general terms repressive measures, reprisals and intimidation against trade unionists in the context of the privatization of public enterprises undertaken without consulting the trade unions. The Committee recalls in this respect that the rights of workers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations. It also emphasizes that restructuring in the public sector, particularly in relation to a privatization policy, inevitably has important consequences in the social field and in relation to trade unions and that it is important for the social partners, and particularly trade union organizations, to be consulted, at least on the social reach and form of the measures decided upon by the authorities. The Committee requests the Government to take the necessary measures to ensure that these principles are respected.

Article 3 of the Convention. Powers of requisitioning. The Committee recalls that its previous comments related to the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees. Under the provisions, public servants may be required to perform their duties in order to ensure the continuity of the administration and the safety of persons and property. In this respect, the Committee recalled that it would be advisable to restrict the power of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited, namely: (1) public servants exercising authority in the name of the State; (2) essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; and (3) in the event of an acute national crisis.

The Committee also drew the Government’s attention to the fact that its request related to sections 1 and 6 of Act No. 45-60/AN regulating the right to strike of public servants and state employees, whose conditions of work have been governed, until now, by a specific law (Act No. 013/98/AN of 28 April 1998 issuing the rules governing jobs and employees in the public service) and not by the Labour Code.

The Committee notes that the Government refers in its report to section 353 of the new Labour Code, which provides that the competent administrative authority may, at any time, proceed to the requisition of workers in private enterprises and public services and establishments occupying jobs that are indispensable for the safety of persons and property, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. The Committee also notes that the list of jobs so defined in section 353 is to be determined by regulations issued following the opinion of the Labour Advisory Commission.

While noting this information, the Committee however observes that, under the terms of section 4 of the Labour Code, officials in the public service, inter alia, are not governed by the provisions of the Labour Code. The Committee therefore requests the Government to indicate whether Act No. 45-60/AN is still in force and, if so, to take the necessary measures to amend or repeal sections 1 and 6.

With regard to section 353 of the Labour Code, the Committee similarly considers that it would be desirable to limit the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited (see above). The Committee requests the Government to take the necessary measures to ensure that section 353 is in full conformity with the provisions of the Convention. It also requests the Government to provide with its next report the list of jobs determined under section 353 of the Labour Code, as established by regulations.

The Committee further notes that the new Labour Code contains a chapter respecting apprenticeship contracts. In this respect, the Committee requests the Government to provide information in its next report on the legislative provisions governing the right to organize of apprentices.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 3 of the Convention. Power to requisition. The Committee recalls that in its previous comments it referred to the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees. Under these provisions, public servants may be required to perform their duties in order to ensure the continuity of the administration and the safety of persons and property. The Committee recalled in this connection that it would be advisable to restrict the public authorities’ power to requisition workers to cases in which the right to strike may be limited or even prohibited, namely: (1) public servants exercising authority in the name of the State; (2) essential services, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (3) in the event of an acute national crisis (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 152, 158 and 159).

The Committee draws to the attention of the Government that its request related to sections 1 and 6 of Act No. 45-60/AN regulating the right to strike of public servants and state employees, whose conditions of work have been governed, until now, by a specific law (Act No. 013/98/AN of 28 April 1998 issuing the rules governing jobs and employees in the public service) and not by the Labour Code. The Committee therefore requests the Government to indicate the measures taken or envisaged to amend or repeal sections 1 and 6 of Act No. 45-60/AN, if it is to remain in force after the new Labour Code has been issued. Moreover, the Committee requests the Government to continue to keep it informed of any decision to requisition workers that may have been taken in accordance with section 6. Finally, the Committee requests the Government to provide a copy of the new Labour Code as soon as possible.

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

Finally, the Committee had requested the Government to modify section 159 of the Labour Code, which provides 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 satisfaction that section 264 of the new Labour Code allows foreigners with five years of residence to become trade union officials.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference to its observation, the Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ and employers’ organizations to elect their representatives in full freedom. The Committee recalls that, in its previous comment, it referred to section 159 of the Labour Code, which provides 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 reminded the Government that provisions on nationality which are too strict could deprive some workers of the right to elect their representatives, for example migrant workers in sectors in which they account for a significant share of the workforce. National legislation should accordingly allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 118). The Committee requested the Government to indicate the measures taken or envisaged to allow foreign workers to take up trade union office. In its latest report, the Government indicates that the re-reading of the Labour Code is under way and has resulted in draft legislation to issue a new Labour Code, taking into account the comments of the Committee. Thus, the new relevant provision will no longer refer to nationality as an impediment to the designation by workers or their representatives.

The Committee takes notes with interest of the information provided by the Government. It requests the Government to transmit a copy of the new provision concerning the designation of members responsible for the management and administration of a trade union and to keep it informed of the adoption of the new Labour Code.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information contained in the report of the Government.

Article 3 of the Convention. Power to requisition. The Committee recalls that in its previous comments it referred to the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees. Under these provisions, public servants may be required to perform their duties in order to ensure the continuity of the administration and the safety of persons and property. The Committee recalled in this connection that it would be advisable to restrict the public authorities’ power to requisition workers to cases in which the right to strike may be limited or even prohibited, namely: (1) public servants exercising authority in the name of the State; (2) essential services, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (3) in the event of an acute national crisis (seeGeneral Survey of 1994 on freedom of association and collective bargaining, paragraphs 152, 158 and 159). In its latest report, the Government indicates that a rereading of the Act took place to achieve convergence of views on the concept of essential services. The Government specifies in this regard that draft legislation to issue a new Labour Code is being finalized but that there is still no convergence of views concerning requisition. The Government adds that during the period covered by the report, no decision to requisition workers has been taken.

While noting the information communicated by the Government on draft legislation that is being finalized to issue a new Labour Code, the Committee draws to the attention of the Government that its request related to sections 1 and 6 of Act No. 45-60/AN regulating the right to strike of public servants and state employees, whose conditions of work have been governed, until now, by a specific law (Act No. 013/98/AN of 28 April 1998 issuing the rules governing jobs and employees in the public service) and not by the Labour Code. The Committee therefore requests the Government to indicate whether and to what extent the draft legislation to issue a new Labour Code is to be applicable to employees in the public service, particularly in respect of the exercise of the right to strike, and to further indicate the measures taken or envisaged to amend or repeal sections 1 and 6 of Act No. 45-60/AN, if it is to remain in force after the new Labour Code has been issued. Moreover, the Committee requests the Government to continue to keep it informed of any decision to requisition workers that may have been taken in accordance with section 6. Finally, the Committee requests the Government to provide a copy of the new Labour Code as soon as possible.

In addition, the Committee raises another point in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ and employers’ organizations to elect their representatives in full freedom. The Committee notes that section 159 of the 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 with which establishment agreements have been concluded requiring reciprocity of trade union rights. The Committee wishes to remind the Government that provisions on nationality which are too strict could deprive some workers of the right to elect their representatives, for example migrant workers in sectors in which they account for a significant share of the workforce. National legislation should accordingly allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey on freedom of association and collective bargaining, 1994, paragraph 118). The Committee requests the Government to indicate in its next report the measures taken or envisaged to allow foreign workers to take up trade union office.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the information contained in the Government’s report.

Article 3 of the Convention. Power to requisition. The Committee recalls that in its previous comments it referred to the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960, under which public servants may be required to perform their duties in order to ensure the continuity of the administration and the safety of persons and property. The Committee recalled in this connection that it would be advisable to restrict the public authorities’ power to requisition to cases in which the right to strike may be limited or even prohibited, namely where public servants exercise authority in the name of the State, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 152, 158 and 159). In its latest report, the Government once again merely reiterates the information supplied in earlier reports.

The Committee is therefore bound to repeat its request to the Government to send in its next report detailed information on the practical effect given to this provision, including the requisition orders issued during the period covered by the report, and also to provide information on the legislative measures taken or envisaged to amend sections 1 and 6 of Act No. 46-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees, in order to bring its legislation into full conformity with the provisions of the Convention.

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

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report.

The Committee recalls that its previous comments concerned the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960, under which public servants may be required to perform their duties in order to ensure the continuity of the administration and the safety of persons and property. In this regard, the Committee recalled that it would be advisable to restrict the public authorities’ power to requisition to cases in which the right to strike may be limited or prohibited, namely where public servants exercise authority in the name of the State, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis (see the 1994 General Survey on freedom of association and collective bargaining, paragraphs 152, 158 and 159). In its latest report, the Government indicates that experience of the use of the power of requisitioning in practice in the event of strikes is the subject of different opinions in relation to the interests of the parties and that this difference of opinion is related to the fact that the legislation gives no indication of what is meant by essential services, nor enumerates them in a limitative or exhaustive manner. As a consequence, the Government states that it envisages a concerted re-reading of the legislation to achieve a convergence of views on the concept of essential services.

The Committee once again requests the Government to provide detailed information in its next report on the application of this provision in practice, and particularly to indicate the requisition orders issued during the period covered by the report and the legislative measures taken or envisaged to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960, issuing regulations concerning the right to strike of public servants and state employees, with a view to bringing its legislation into conformity with the principles of freedom of association.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report. With reference to its previous comments concerning the need to repeal the provisions of Zatu No. AN-VI-008/FP/TRAV of 26 October 1988 establishing the general conditions of service of the public service, which require public servants to respect the revolutionary order under penalty of disciplinary sanctions (sections 6, 7, 9, 36 and 46 of the Zatu), the Committee notes with satisfaction that the above provisions have been effectively repealed by the adoption of Decree No. 98-205/PRES promulgating Act No. 013/98/AN of 28 April 1998 issuing the rules governing jobs and employees in the public service. The Committee takes also due note of sections 44 and 45 of the new Act which confer freedom of association, freedom of opinion and the right to strike on public servants.

The Committee also drew the Government's attention to its earlier comments on sections 1 and 6 of Act No. 45-60/AN of 25 July 1960, under which public servants may be required to perform their duties in order to ensure continuity of administration and the safety of persons and property. With regard to the provisions on the Government's authority to requisition in the event of a strike by public servants, the Committee recalls that it would be advisable to restrict the public authorities' power to requisition to cases in which the right to strike may be limited or prohibited, namely where public servants exercise authority in the name of the State in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in the event of an acute national crisis (see paragraphs 152, 158 and 159 of the 1994 General Survey on freedom of association and collective bargaining). In this connection, the Committee asks the Government to provide information in its next report on the application in practice of this provision and to indicate the measures taken or envisaged to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of civil servants and state officials.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

Recalling that its previous comments concerned the need to repeal the provisions requiring public servants to respect the revolutionary order under penalty of disciplinary sanctions set out in Zatu No. AN VI-008/FP/TRAV of 26 October 1988 establishing the general conditions of service of the public service (sections 6, 7, 9, 36 and 46), the Committee notes the Government's statement to the effect that the revision of the general conditions of service of the public service has not yet taken effect but that, as soon as it has, the comment on the need to repeal the above-mentioned provisions will be taken into account in the new text. Despite the Government's statements, the Committee nevertheless expresses its concern that the provisions in question are still in force and that the possibility of disciplinary sanctions still exists. It therefore asks the Government once again to repeal or amend these provisions which are contrary to Article 3 of the Convention. Furthermore, the Committee draws the Government's attention to sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of civil servants and state officials regarding the Government's right to requisition in the event of a strike by civil servants. The Committee considers it necessary to restrict the public authorities' powers of requisition to cases in which the right to strike can be limited or prohibited, namely to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in a situation of acute national crisis (see paragraphs 152 and 159 of the 1994 General Survey on freedom of association and collective bargaining). The Committee requests the Government to keep it informed in its next report of any change in the situation, either in law or in practice and, in particular, to indicate the measures taken to repeal or amend sections 6, 7, 9, 36 and 46 of the general conditions of service of the public service of 26 October 1988 and sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 governing the right to strike of civil servants and state officials, and to supply it with the new text on the revision of the general conditions of service of the public service to enable it to examine its conformity with the requirements of the Convention.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report.

Recalling that its previous comments concerned the need to repeal the provisions requiring public servants to respect the revolutionary order under penalty of disciplinary sanctions set out in Zatu No. AN VI-008/FP/TRAV of 26 October 1988 establishing the general conditions of service of the public service (sections 6, 7, 9, 36 and 46), the Committee notes the Government's statement to the effect that the revision of the general conditions of service of the public service has not yet taken effect but that, as soon as it has, the comment on the need to repeal the above-mentioned provisions will be taken into account in the new text. Despite the Government's statements, the Committee nevertheless expresses its concern that the provisions in question are still in force and that the possibility of disciplinary sanctions still exists. It therefore asks the Government once again to repeal or amend these provisions which are contrary to Article 3 of the Convention.

Furthermore, the Committee draws the Government's attention to sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of civil servants and state officials regarding the Government's right to requisition in the event of a strike by civil servants. The Committee considers it necessary to restrict the public authorities' powers of requisition to cases in which the right to strike can be limited or prohibited, namely to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in a situation of acute national crisis (see paragraphs 152 and 159 of the 1994 General Survey on freedom of association and collective bargaining).

The Committee requests the Government to keep it informed in its next report of any change in the situation, either in law or in practice and, in particular, to indicate the measures taken to repeal or amend sections 6, 7, 9, 36 and 46 of the general conditions of service of the public service of 26 October 1988 and sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 governing the right to strike of civil servants and state officials, and to supply it with the new text on the revision of the general conditions of service of the public service to enable it to examine its conformity with the requirements of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report contains no information in reply to its previous requests, and therefore once again asks the Government to state in its next report whether the judges of the Administrative Chamber of the Supreme Court, in the case of an appeal against the decision of a minister to refuse to issue a receipt for an application for registration filed by a trade union under section 152 of the Labour Code, may examine the merits of the minister's refusal and whether such appeal suspends such refusal. The Committee asks the Government to communicate any ruling of the Supreme Court on the matter.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee recalls that its previous comments concerned the need to repeal the provisions requiring public servants to respect the revolutionary order under penalty of disciplinary sanctions set out in Zatu No. AN VI-008/FP/TRAV of 26 October 1988 establishing the general conditions of service of the public service (sections 6, 7, 9, 36 and 46). The Committee notes the Government's statement that it will take those observations into consideration, and again asks the Government to take the necessary steps to bring its legislation into conformity with the requirements of the Convention in this respect and to keep it informed on the matter.

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

The Committee takes note of the detailed information provided by the Government in its report.

However, the Committee requests the Government to specify if the judges of the Administrative Chamber of the Supreme Court, in the case of an appeal against the decision of the minister to refuse to issue a receipt for an application for registration filed by a trade union under section 152 of the Labour Code, may examine the merits of the refusal of the minister and if such appeal suspends such refusal.

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

With reference to its previous comments on the need to repeal the provisions requiring public servants to respect the revolutionary order under penalty of disciplinary sanctions laid down in Zatu No. An-VI-008-FP/TRAV establishing the general conditions of service of the public service (sections 6, 7, 9, 36 and 46), the Committee notes with interest that the Government indicates in its report that it will take account of the Committee's comments in the planned review of the general conditions of service of the public service.

The Committee asks the Government in its next report to provide copies of the texts that repeal the above provisions so as to bring the legislation fully into conformity with the requirements of the Convention in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the entry into force of Decree No. 92-379/PRES of 31 December 1992 to promulgate the Labour Code (Act No. 11/92/ADP, 22 December 1992).

It asks the Government to provide information on the following points in its next report.

1. Section 206 of the Labour Code states that the provisions on collective disputes shall apply to employees in public services, enterprises and establishments unless other laws or regulations provide the contrary. The Government is asked to state whether there are any such laws and regulations and, if so, to provide a copy of them.

2. Under section 154 the Minister responsible for "Civil Liberties" may refuse to issue a receipt for an application for registration filed by a trade union under section 152. The Committee notes that under section 155 trade unions may appeal against such a refusal to the Administrative Chamber of the Supreme Court, and reminds the Government of the principle that the existence of a procedure of appeal to a court is not in itself enough to guarantee that trade unions may be established without prior authorization, in accordance with Article 2 of the Convention. Judges hearing such appeals must be required to rule promptly and be able to ensure that the legislation has been properly applied and to re-examine the substance of the case as well as the grounds on which the administrative decision was taken (see 1994 General Survey on Freedom of Association and Collective Bargaining, para. 77). The same holds good in the event of cancellation of a trade union's registration (sections 155 and 157). The Committee asks the Government to provide information in its next report on how sections 152, 154, 155 and 157 of the Labour Code are applied in practice. It would like to know in particular whether the Minister in charge of "Civil Liberties" has already refused to issue a receipt or cancelled the registration of a trade union; it asks the Government to indicate whether the judge may examine an appeal on the merits and what time-limits are applicable.

3. The Committee also asks the Government to indicate under which laws trade unions may join international organizations.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the entry into force of Decree No. 92-379/PRES of 31 December 1992 to promulgate the Labour Code (Act No. 11/92/ADP, 22 December 1992).

1. With reference to its previous comments, the Committee notes with regret that the new Labour Code has not repealed the provisions of Zatu No. AN VI-008/FP/TRAV of 26 October 1988 establishing the general conditions of service of the public service, which require public servants to respect the revolutionary order under penalty of disciplinary sanctions (sections 6, 7, 9, 36 and 46 of the Zatu).

The Committee accordingly urges the Government to repeal the above-mentioned provisions of the Zatu of 26 October 1988 so as to bring the legislation fully into conformity with the Convention. It asks the Government to indicate in its next report any measures that have been taken in this respect.

2. The Committee is also addressing a direct request to the Government concerning certain provisions of the new Labour Code.

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

The Committee notes the information supplied by the Government in its report.

It recalls that for several years it has raised the question of the role of Revolutionary Committee's workers or officials vis-à-vis trade union organizations and has asked the Government to repeal the provisions of ZATU No. AN-VI-008-FP/TRAV of 26 October 1988 establishing the general conditions of service of the public service, which require public servants to respect the revolutionary order under penalty of disciplinary sanctions (sections 6, 7, 9, 36 and 46 of the ZATU).

While noting with interest articles 21 and 22 of the 1991 Constitution which lays down freedom of association and the right to strike and establishes that trade unions shall carry out their activities without constraints or restrictions other than those provided by law, the Committee is bound to note with regret that, in its last report, the Government confines itself to stating that it has taken due note of the Committee's comments on the ZATU.

The Committee trusts that the next report will supply information on the measures taken or envisaged to repeal the above-mentioned provisions of ZATU of 26 October 1988 so as to bring the legislation fully into conformity with the Convention. It asks the Government to report on any developments in this respect.

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

The Committee asks the Government to provide the text of the judicial decision regarding the principle of freedom to join trade union organisations of one's own choosing, mentioned under Point IV of its report for the period ending 15 October 1990.

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

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.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation:

With reference to its previous comments and to the observations of the Trade Union Confederation of Burkina Faso (CSB) dated 21 April 1987, the Committee takes note of Zatu No. AN VI-008/FP/TRAV dated 26 October 1988 containing the general conditions of service of public employees, transmitted by the Government with its report. The Committee notes that the new Zatu repeals Zatu No. AN IV-011 BIS CNR-TRAV of 25 October 1986, which was the subject of its comments and the observations of the CSB. The provisions of the former Zatu, which referred to criteria of political allegiance for public employees and were liable to endanger the principles of trade union freedom, have not been reproduced in the Zatu of 26 October 1988. Public servants now enjoy the civil liberties guaranteed to all citizens of Burkina Faso and, accordingly, they enjoy the right to organise, the right to bargain collectively and the right to strike (sections 47, 52 and 53 of Zatu No. AN VI-008/FP/TRAV). However, public servants remain under the obligation to respect the revolutionary order, and several advisory bodies, including the Disciplinary Council, are composed of representatives of the Government, the trades unions and the revolutionary committees (sections 6, 7, 9 and 36 of Zatu No. AN VI-008/FP/TRAV). As regards the obligation for public servants to respect the revolutionary order, the Committee recalls the importance it attaches to the relationship between civil liberties and trade union rights. It stresses in particular that special importance attaches to the right to express thoughts freely as an integral part of the freedom which trade union organisations, including those of public servants, should enjoy and that the public authorities must refrain from any interference which would restrict this right or impede the lawful exercise thereof (Article 3 of the Convention). The Committee asks once again the Government to provide information on the application, in practice, of these provisions, so that it can ascertain their scope.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest that according to the reply to its previous observation, to the effect that, within the context of the measures taken to reinstate the teachers dismissed after the 1983 strike, teachers who have reached the retirement age and their dependants, have recovered their pension rights.

With reference to its previous comments and to the observations of the Trade Union Confederation of Burkina Faso (CSB) dated 21 April 1987, the Committee takes note of Zatu No. AN VI-008/FP/TRAV dated 26 October 1988 containing the general conditions of service of public employees, transmitted by the Government with its report.

The Committee notes that the new Zatu repeals Zatu No. AN IV-011 BIS CNR-TRAV of 25 October 1986, which was the subject of its comments and the observations of the CSB. The provisions of the former Zatu, which referred to criteria of political allegiance for public employees and were liable to endanger the principles of trade union freedom, have not been reproduced in the Zatu of 26 October 1988. Public servants now enjoy the civil liberties guaranteed to all citizens of Burkina Faso and, accordingly, they enjoy the right to organise, the right to bargain collectively and the right to strike (sections 47, 52 and 53 of Zatu No. AN VI-008/FP/TRAV). However, public servants remain under the obligation to respect the revolutionary order, and several advisory bodies, including the Disciplinary Council, are composed of representatives of the Government, the trades unions and the revolutionary committees (sections 6, 7, 9 and 36 of Zatu No. AN VI-008/FP/TRAV).

The Committee also notes that the probationary period for public servants lasts for one year, that it may be extended once for an identical period (section 24) and that the right to strike does not apply during the trial period (section 27).

As regards the obligation for public servants to respect the revolutionary order, the Committee recalls the importance it attaches to the relationship between civil liberties and trade union rights. It stresses in particular that special importance attaches to the right to express thoughts freely as an integral part of the freedom which trade union organisations, including those of public servants, should enjoy and that the public authorities must refrain from any interference which would restrict this right or impede the lawful exercise thereof (Article 3 of the Convention).

The Committee asks the Government to provide information on the application, in practice, of these provisions, so that it can ascertain their scope.