Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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

Articles 1(1) and 2(1) of the Convention. Punishment of vagrancy. Legislative developments. For a number of years, the Committee has been requesting the Government to provide information on the progress achieved in the revision of section 246 of the Penal Code, which may act as indirect compulsion to work, through the punishment of vagrancy with a sentence of imprisonment. The Committee notes with satisfaction that the new Penal Code does not contain provisions criminalizing vagrancy.

Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee noted that Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Anti-Trafficking Act) defined and criminalized trafficking in persons with penalties of imprisonment ranging from five to ten years, and up to 21 years in case of aggravating circumstances. It requested the Government to take the necessary measures to combat trafficking in persons, in particular through the adoption of an appropriate national action plan that would enable the application in practice of the Anti-Trafficking Act.

The Committee notes the Government’s statement, in its report, that the Anti-Trafficking Act was abrogated and that its provisions have been incorporated in the new Penal Code, adopted by Act No. 025-2018/AN of 31 May 2018 (sections 511-1 to 511-28). The Government indicates that, pursuant to section 511-28 of the new Penal Code, an Anti-Trafficking Committee composed of representatives from ministerial departments, civil society actors and non-governmental organizations was established, as well as Regional Committees in order to bring together, at local level, all the actors involved in the fight against trafficking in persons, such as law enforcement officials, customary and religious authorities and civil society organizations. The Government adds that these committees have been very active and have already carried out 6,411 awareness-raising and capacity building activities benefiting 69,889 persons in 2019. Furthermore, in August 2021, a practical guide on the National Referral System was published, in collaboration with the International Organization for Migration (IOM), in order to raise awareness of the relevant stakeholders. The Government also indicates that the elaboration of a national action plan to combat trafficking in persons will be examined in due time. According to the statistical information provided by the Government, in 2019, five prosecutions were initiated for trafficking in persons and three convictions handed down. The Committee takes notes of this information and observes that the Government has not informed on the measures taken to identify potential victims of trafficking and provide them with adequate protection. While welcoming the efforts made by the Government to raise awareness of trafficking in persons both at the national and local levels, the Committee urges the Government to step up its efforts to combat trafficking in persons. It hopes that the establishment of the National Anti-trafficking Committee will contribute to the effective implementation of sections 511-1 to 511-28 of the Penal Code, and to the elaboration and adoption of a national action plan. The Committee further requests the Government to provide information on the measures taken to: (i) prevent the trafficking of persons for sexual and labour exploitation; (ii) strengthen the capacities of law enforcement bodies (police, labour inspectorate, Public Prosecutor’s Office) and the judiciary; and (iii) identify victims and provide them with adequate protection. The Committee requests the Government to continue to provide information on the number of prosecutions initiated, convictions handed down and specific penalties applied under the Penal Code.

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