Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 29) sur le travail forcé, 1930 - Burkina Faso (Ratification: 1960)

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

1. Freedom of persons in the service of the State to leave their employment. The Committee noted previously that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Conditions of Employment of the Public Service, which repeals ZATU No. AN IV-011bis CNR-TRAV of 25 October 1986, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions, despite a refusal by the competent authority, before the explicit acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties.

The Committee asked the Government to supply information on the practice followed as regards the acceptance or rejection of resignation requests submitted by public servants.

The Committee notes the information in the Government's report to the effect that dismissal for abandoning one's duties is subject to issuance of a formal notice and that the administration generally allows the employee a period of time within which to return to his post. The Government adds that in practice requests to leave the public service are rare and the administration usually accepts them.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, in which it points out that persons in the service of the State should have the right to leave the service on their own initiative, either at specified intervals, or with previous notice. The Committee asks the Government to indicate the measures that have been taken or are envisaged to ensure that persons in the service of the State are free to leave their employment within a reasonable period, so as to bring the legislation into conformity with the Convention and the practice indicated.

2. Article 25 of the Convention. The Committee has noted the written information submitted by the Government to the United Nations Working Group on Contemporary Forms of Slavery at its 17th Session (doc. E/CN-4/Sub.2/1992/5/Add.2). The Committee notes the Government's indication that within the context of the campaign against the exploitation of child labour and the prostitution of children, action has been taken, in particular, to improve awareness of certain slavery-like situations such as the household employment of young girls or boys without any particular status and without consistent remuneration, and the exploitation by procurers of immigrant girls. The Government also draws attention to the persistence of the practice of forced marriage and of the obligation imposed on certain married women to work in order to reimburse the excessive dowry which their husbands have had to pay, despite provisions in the Civil Code prohibiting the dowry as a basic condition for marriage.

The Committee notes the Government's indications that the provisions of the 1946 Penal Code are not applied in practice. The Committee notes, however, with interest that the new Penal Code which is due to enter into force in the near future takes account of the new forms of exploitation, particularly with respect to children.

The Committee asks the Government to provide a copy of the revised Penal Code as soon as it has been adopted. Meanwhile, it would appreciate information on the practical measures taken to combat the forms of exploitation mentioned by the Government, particularly the exploitation of children by forced labour, together with particulars of inspections, prosecutions, convictions and of programmes to assist the victims of exploitation. The Committee recalls in this connection that under Article 25 of the Convention, forced labour is punishable as a penal offence and that the Government has the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced.