Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Burkina Faso (Ratification: 2001)

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its report received in August 2023, the Government indicates that Decree No. 2020-0674/PRES/PM/MFPTPS/MINEFID of 6 August 2020 and Decree No. 2023-0769/PRES/PM/MFPTPS/MINEFID of 30 June 2023 amended Decree No. 2015-971/PRES/TRANS/PM/MFPTSS/MEF of 10 August 2015 on the establishment and functioning of the Advisory Commission on International Labour Standards (CCNIT). The Government does not provide copies of these Decrees with its report. It indicates that the Decree of 2023, which replaces the Decree of 2020, was adopted on the recommendation of the CCNIT. It adds that the main innovations of the Decree of 2023 are the increase in the number of social partner representatives on the CCNIT and the lifting of the limit on the number of times its members’ terms can be renewed. The Government states that, under the Decree of 2023, the CCNIT shall consist of nine government representatives, four representatives of employers’ organizations and four representatives of workers’ organizations. It adds that the appointment of the members of the CCNIT based on this new composition is under way.

The Committee notes with interest the detailed information provided by the Government concerning the recommendations made by the CCNIT at the sessions held on 2–3 December 2020, 7–8 October 2021, 17–18 November 2021, and at a single session in 2022. The Government indicates that, at the session held on 7–8 October 2021, the CCNIT issued a favourable opinion concerning the denunciation of the Fee-Charging Employment Agencies Convention, 1933 (No. 34). It also indicates that, at the session of 17–18 November 2021, the CCNIT issued opinions and recommendations with a view to improving the implementation of four fundamental Conventions: the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); the Minimum Age Convention, 1973 (No. 138); and the Worst Forms of Child Labour Convention, 1999 (No. 182). At these sessions, the CCNIT also recommended that the ratification of the Nursing Personnel Convention, 1977 (No. 149), be placed on the agenda of an upcoming session of the CCNIT. The Government adds that, at a single session in 2022, the representatives of the employers and the Government stated that they were in favour of ratifying the Labour Clauses (Public Contracts) Convention, 1949 (No. 94), while the employers’ representatives wished for prior consultation of other “key players”.

The Committee notes with interest that, since the CCNIT issued its opinions, the Government has begun the ratification process for seven ILO Conventions: the Labour Clauses (Public Contracts) Convention, 1949 (No. 94); the Labour Relations (Public Service) Convention, 1978 (No. 151); the Collective Bargaining Convention, 1981 (No. 154); the Occupational Safety and Health Convention, 1981 (No. 155); the Private Employment Agencies Convention, 1997 (No. 181); the Domestic Workers Convention, 2011 (No. 189), and the Violence and Harassment Convention, 2019 (No. 190). In its previous comment, the Committee noted that the CCNIT had also issued favourable opinions concerning the ratification of the following instruments: the Protocol of 2014 to the Forced Labour Convention, 2014 (No. 29), the Safety and Health in Construction Convention, 1988 (No. 167), and the Safety and Health in Mines Convention, 1995 (No. 176). The Government does not provide information on the follow-up to these opinions. In the light of the foregoing, the Committee requests the Government to provide a copy of Decree No. 2020-0674/PRES/PM/MFPTPS/MINEFID of 6 August 2020 and Decree No. 2023-0769/PRES/PM/MFPTPS/MINEFID of 30 June 2023. It also requests the Government to continue providing detailed and up-to-date information on the composition and functioning of the Advisory Commission on International Labour Standards (CCNIT). The Committee further requests the Government to keep the Office informed of the follow-up to the opinions issued by the CCNIT, including those in favour of ratifying the Protocol of 2014 to the Forced Labour Convention, 2014 (No. 29), the Safety and Health in Construction Convention, 1988 (No. 167), and the Safety and Health in Mines Convention, 1995 (No. 176). Lastly, it invites the Government to continue providing detailed information on the tripartite consultations, and the outcomes thereof, held in the CCNIT on issues relating to the international labour standards covered by Article 5(1)(a)–(e) of the Convention.