Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Burkina Faso (Ratification: 1997)

Article 1(a) of the Convention. Imposition of penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Penal Code. In its previous comments, the Committee drew the Government’s attention to certain provisions of the Penal Code of 2018 under which penalties of imprisonment involving compulsory prison labour may be applied in situations that may be covered by Article 1(a) of the Convention. The provisions in question are the following:

• sections 352-1 to 352-4 respecting contempt;
• sections 524-1 to 524-6 respecting slurs on honour: defamation, insults and slander (which do not however apply to persons or associations governed by the legal regime applicable to the written press, online media and audiovisual media); and
• section 354-7 respecting participants in or organizers of an “unlawful demonstration” (defined by section 354-6 as a demonstration that is not declared, is prohibited or for which the declaration is incomplete or inaccurate).

The Committee notes the Government’s indication in its report that section 354-7 of the Penal Code respecting unlawful demonstrations does not provide for a sentence of imprisonment involving compulsory labour. It adds that, in relation to prison labour, under the terms of section 181 of Act No. 10-2017/AN on the prison system, prison labour shall not be considered a supplementary penalty, but a means of enabling convicted persons to prepare their social rehabilitation. However, the Committee notes that the provisions of section 181 of Act No. 10-2017/AN establish that persons who are convicted to a sentence of imprisonment shall be subject to the obligation to work. The Committee recalls in this regard that it is contrary to the Convention to force a person to perform compulsory labour, including in the form of compulsory prison labour, because they have expressed certain political views or have expressed views opposed to the established political, social or economic system.

With reference to the application in practice of the above provisions of the Penal Code, the Government indicates that current statistics do not allow the compilation of specific information on these provisions. However, the Government specifies that, in 2022, there were 71 convictions for crimes and offences against individuals (including slurs on honour, insults, slander and defamation) and 22 convictions for acts of violence and assault (including unlawful demonstrations).

The Committee requests the Government to provide information on the manner in which it is ensured, in law and practice, that no penalty involving the obligation to perform work can be imposed on persons who peacefully express political views or views ideologically opposed to the established political, social or economic system. It also requests the Government to provide information on any conviction handed down under the above provisions of the Penal Code, and to specify the penalties imposed and the acts that gave rise to the convictions.