Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Burkina Faso (Ratification: 1960)

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

Article 2 of the Convention and the Schedule. List of occupational diseases. 1. Anthrax infection. The Committee notes the adoption of Decree No. 2015-866 issuing the list of occupational diseases. The Committee notes that Table No. 13 of the Decree, which has the general title “Anthrax” (“Charbon”): (1) limits the diseases caused by anthrax infection to certain pathological manifestations; and (2) limits the processes and industries that may cause anthrax infection to “work likely to bring workers into contact with animals infected with anthrax or the carcasses of such animals” and the “loading, unloading or transport of merchandise likely to have been soiled by animals or remains of animals”.

The Committee recalls that Article 2 and the list in the Convention cover: (1) all the pathological manifestations caused by anthrax infection; and (2) the “loading and unloading or transport of merchandise”, without the necessity for such merchandise to have been in contact with animals or remains of animals. The Committee requests the Government to indicate the measures taken or envisaged to ensure that Decree No. 2015-866 is amended so that: (i) all diseases caused by anthrax infection are included in Table 13; and (ii) all work in connection with the loading and unloading or transport of merchandise is covered, and not only work in connection with merchandise that has been in contact with animals and remains of animals.

2. Poisoning by lead and mercury. The Committee notes that Tables Nos 1 and 31 of Decree No. 2015-866 enumerate limitatively certain pathological manifestations due to diseases caused by lead or mercury or their compounds. In this regard, it recalls that Article 2 of the Convention and the list refer in general terms to all poisoning by lead and mercury, their alloys, amalgams and compounds and their sequelae. The Committee requests the Government to confirm that: (i) Table 1 of Decree No. 2015-866 considers as work likely to give rise to diseases caused by lead “all painting operations involving the preparation and manipulation of coating substances, cements or colour substances containing lead pigments”, the “manufacture and repair of electric accumulators” and work in the “polygraphic industries”, in accordance with Article 2 and the list in the Convention; and (ii) Table 31 of Decree No. 2015-866 considers as work likely to give rise to diseases caused by mercury the “use of mercury pumps in the manufacture of incandescent lamps”, in accordance with Article 2 and the list in the Convention.

If not, the Committee requests the Government to indicate the measures adopted or envisaged to ensure that Decree No. 2015-866 is amended in order to ensure that all forms of poisoning caused by lead and mercury, their alloys, amalgams or compounds, and their sequelae, are covered.

The Committee recalls that, on the recommendation of the Tripartite Working Group of the Standards Review Mechanism (SRM), the ILO Governing Body, at its 346th Session in October–November 2022, confirmed the classification of Convention No. 18 as an outdated instrument and placed an item on the Agenda of the 121st Session of the International Labour Conference (2033) to examine its abrogation or withdrawal.

The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of the up-to-date instruments on social security, including the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part VI), and/or the Employment Injury Benefits Convention, 1964 (No. 121). The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 346th Session in October–November 2022 approving the recommendations of the SRM Tripartite Working Group and to envisage the ratification of the most up-to-date instruments in this field. The Committee encourages the Government to envisage the ratification of the up-to-date instruments in this field.

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

List of occupational diseases. The Committee notes the Government’s statement concerning its participation in the ongoing process of reviewing and harmonizing the national list of occupational diseases in the area covered by the Inter-African Conference on Social Security (CIPRES). It also notes that, in order to be able to comply with these lists, Decree No. 355-1996 on occupational diseases recognized in Burkina Faso will be revised as soon as the CIPRES has adopted its conclusions on this matter. The Committee notes that many member States of CIPRES, including Burkina Faso, have ratified a number of ILO Conventions concerning occupational diseases, such as Convention No. 18, the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42), and the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121). The Committee recalls that Members taking part in regional processes to integrate or harmonize their national laws remain bound by the obligations under the ILO Conventions they have ratified and must therefore ensure that the decisions adopted at regional level allow them to respect their international commitments. In this respect, the Committee hopes that the Government will be able in the near future to inform the Committee of the revision of Decree No. 355-1996 that will include, as requested in its previous comments, a full reference to anthrax infection and all the poisonings caused by lead and mercury, their allies, amalgams and compounds. Finally, the Committee draws the Government’s and Office’s attention to the interest that might lie in developing cooperation between CIPRES and the International Labour Organization, especially to ensure that when harmonizing the schedules of occupational diseases, the content of the revised Schedule I of Convention No. 121 [Schedule I amended in 1980], and the List of Occupational Diseases Recommendation, 2002 (No. 194) is taken into account.

Practical application of the Convention. The Committee requests the Government to provide in its next report statistical information on the number of occupational diseases recorded and on the corresponding amount of compensation paid.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Schedule of occupational diseases. Anthrax infection. In its previous comments, the Committee drew the Government’s attention to the need to amend item 13 of the schedule of occupational diseases with a view to replacing the reference to anthrax fever with a reference to anthrax infection, as the former is only a symptom of the latter. In its last report, the Government indicates that the definition of occupational diseases has been extended under the effects of section 53 of Article No. 015-2006 AN of 11 May 2006 establishing the social security scheme applicable to employed persons and similar workers. Under this provision, a disease that is not included in the schedule of occupational diseases may henceforth also be presumed to be of occupational origin if it is established that it is essentially and directly caused by the usual work of the victim and that it has resulted in the latter’s death or permanent incapacity. Furthermore, the Government indicates that Decree No. 96-355/PRES/PM/MS/METSS of 11 October 1996 issuing the schedule of occupational diseases (a copy of which was attached to the report) will be amended in the near future so as to take into account the amendments made by the Act of 2006 and the comments of the Committee of Experts. The Committee takes due note of this information and requests the Government to provide copies with its next report of the amendments made to item No. 13 of the Decree of 1996 with a view to the explicit inclusion of anthrax infection as an occupational disease where it affects workers engaged in the activities specified by the Convention. The Committee considers that the extension of the concept of occupational disease so as to cover certain pathologies that are not included in the schedules of occupational diseases, although it affords better protection to workers by establishing a mechanism for the additional recognition of diseases that are new or still unknown taking into account the present state of scientific knowledge, does not in itself suffice to give full effect to the Convention. The objective of the latter is to dispense protected workers from the need to provide proof of the causal link between their disease and its occupational origin when the disease is among those enumerated in the schedule attached to Article 2 of the Convention.

Poisoning by lead and mercury. The Committee notes that schedules 1 and 31 attached to the Decree of 1996 referred to above continue to enumerate in a limitative manner certain pathological manifestations due to infections caused by lead or mercury or their compounds. In this respect, it wishes once again to recall that the Convention refers in general terms to all poisoning by lead and mercury, their alloys, amalgams and compounds and their sequelae. The Committee therefore invites the Government to take the opportunity of the forthcoming revision of the Decree of 1996 establishing the schedule of occupational diseases to bring schedules 1 and 31 fully into conformity with the Convention (for example, by ensuring that the diseases currently listed are included only by way of illustration).

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its last report. It notes in particular the adoption of Decree No. 96-355/ PRES/PM/MS/METSS of 11 October 1996 issuing the schedule of occupational diseases. In this respect, it wishes to draw the Government’s attention to, and receive additional information on, the following points.

1. The Committee notes with interest that, in accordance with section 1 of the above Decree, diseases caused by lead and its compounds and by mercury and its compounds are considered to be occupational diseases (items Nos. 1 and 31 of this section, respectively). The Committee notes that item No. 13 of this section refers to anthrax fever. In this respect, it had already drawn the Government’s attention, when the latter provided a copy of the draft Decree issuing the schedule of occupational diseases, to the fact that this item did not give effect to the Convention in so far as anthrax fever is only a symptom of anthrax infection, to which the Convention refers. The Committee hopes that the Government will be able to re-examine the question and that it will not fail to take all the necessary measures to secure full compliance with the Convention on this point.

2. The Committee notes that under the terms of section 2 of the above Decree, the diseases caused by the poisoning referred to in section 1, and the indicative or limitative schedule of the principal types of work liable to cause these diseases or infections are enumerated in schedules annexed to the Decree. It notes in this respect that the Government does not refer in its report to the definitive adoption of the draft schedules of which it had previously provided copies. The Committee would be grateful if the Government would indicate whether these schedules were adopted at the same time as the Decree and, if so, to provide a copy of them. The Committee nevertheless draws the Government’s attention to the fact that the above schedules were not in full conformity with the Convention. Indeed, schedules Nos. 1 and 31 provide a limitative enumeration of certain pathological manifestations as diseases due respectively to infection caused by lead or mercury, whereas the Convention refers in general terms to all poisoning by lead and mercury, their alloys, amalgams and compounds and their sequelae. The Committee requests the Government to provide information on any progress achieved in this respect.

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

Article 2 of the Convention. The Committee notes the information supplied by the Government in its report and the draft text of Decree No. 93PF/PM to revise the schedule of occupational diseases. It wishes to draw the Government's attention to the following points:

1. The Committee notes with interest that, in accordance with section 1 of the draft Decree, the list of occupational diseases includes diseases produced by lead and its compounds, and diseases produced by mercury and its compounds. However, it notes that under section 2 of the draft text, the diseases caused by the poisoning referred to section 1, and the indicative or limitative schedule of the principal types of work liable to cause these diseases or infections are enumerated in schedules which are to be annexed to the draft text. In view of the fact that the above schedules were not supplied by the Government, the Committee is bound to hope that they will make it possible to cover all forms of poisoning by lead, mercury or their compounds, and not only certain pathological manifestations listed restrictively as they are in the legislation which is currently in force (see in this respect, for example, Schedule 1 of Annex IV of Act No. 3-59-ACL to establish an employment injury prevention and compensation scheme).

2. The Committee also hopes that the schedule relating to anthrax infection will cover all the pathological manifestations resulting from the disease, and not only certain symptoms. In this respect, it hopes that the wording of item 13 of section 1 of the draft text will be modified by replacing the term "anthrax fever", which is only a symptom of the disease, by the term "anthrax infection", in accordance with the Convention.

Finally, the Committee hopes that the schedule relating to anthrax infection will also refer to the types of work enumerated in the right-hand column of the schedule annexed to the Convention, and in particular to the "loading and unloading or transport of merchandise".

The Committee hopes that the draft Decree, after it has been modified to take into account the above points, will be adopted in the near future in order to give full effect to the Convention.

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

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

With reference to its previous comments, which it has been making since 1960, the Committee notes with regret that the draft Decree to revise the list of occupational diseases annexed to Act No. 3-59ACL of 30 June 1989, which was formulated in 1980 with the technical assistance of the ILO, has not yet been adopted. In its report, the Government indicates that the Committee's observations concerning the completion of the list of occupational diseases are still a cause of concern for the Government of Burkina Faso which is endeavouring to find a solution in the context of the general revision of the Social Security Code and the legislation on occupational medicine, health and safety. The seminar organised by Burkina Faso in April 1989 in Ouagadougou on the definition of a national policy on occupational health and safety, under the aegis of the ILO, has led to a national debate on this question with the ministries concerned. The Committee notes this statement. It can only express its regrets at the delay in the adoption of the above Decree. The Committee trusts that measures will be taken for the list of occupational diseases in annex to the above legislation to be completed so as to include the following items in accordance with Article 2 of the Convention: (a) in general, all forms of poisoning by lead, its alloys or compounds and their sequelae (not only certain pathological manifestations listed restrictively as diseases due to lead poisoning, as in the list at present in force); (b) poisoning by mercury, its amalgams and compounds and their sequelae and the activities likely to cause such poisoning; (c) the loading and unloading or transport of merchandise in general, to be included among the activities likely to cause anthrax infection which already appear in the legislation.

END OF REPETITION

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

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

With reference to its previous comments, which it has been making since 1960, the Committee notes with regret that the draft Decree to revise the list of occupational diseases annexed to Act No. 3-59ACL of 30 June 1989, which was formulated in 1980 with the technical assistance of the ILO, has not yet been adopted. In its report, the Government indicates that the Committee's observations concerning the completion of the list of occupational diseases are still a cause of concern for the Government of Burkina Faso which is endeavouring to find a solution in the context of the general revision of the Social Security Code and the legislation on occupational medicine, health and safety. The seminar organised by Burkina Faso in April 1989 in Ouagadougou on the definition of a national policy on occupational health and safety, under the aegis of the ILO, has led to a national debate on this question with the ministries concerned. The Committee notes this statement. It can only express its regrets at the delay in the adoption of the above Decree.

The Committee trusts that measures will be taken for the list of occupational diseases in annex to the above legislation to be completed so as to include the following items in accordance with Article 2 of the Convention:

(a) in general, all forms of poisoning by lead, its alloys or compounds and their sequelae (not only certain pathological manifestations listed restrictively as diseases due to lead poisoning, as in the list at present in force);

(b) poisoning by mercury, its amalgams and compounds and their sequelae and the activities likely to cause such poisoning;

(c) the loading and unloading or transport of merchandise in general, to be included among the activities likely to cause anthrax infection which already appear in the legislation. [The Government is asked to supply full particulars to the Conference at its 77th Session.]