Informe provisional - Informe núm. 412, Noviembre 2025

Caso núm. 3476 (Burkina Faso) - Fecha de presentación de la queja:: 17-JUL-24 - Activo

Allegations: The complainants allege serious violations of freedom of association since September 2022, including public threats and attempted abductions of union leaders, repressive administrative measures against union officials, defamatory accusations and threats against workers and arbitrary bans on trade union demonstrations, all in a climate of impunity and non-observance of international labour Conventions

1. 207. The complaint is contained in a communication dated 17 July 2024 from the General Labour Federation of Burkina Faso (CGT–B), the National Confederation of Workers of Burkina (CNTB), the Trade Union Confederation of Burkina Faso (CSB), Force ouvrière/National Union of Trade Unions (FO-UNS), the National Organization of Free Trade Unions (ONSL) and the Trade Union of Workers of Burkina Faso (USTB).
2. 208. The Government sent its observations in communications dated 10 October and 19 November 2024, and 27 January and 11 September 2025.
3. 209. Burkina Faso has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

Allegations regarding the prohibition of the gathering of 31 October 2023

Allegations of threats against the General Secretary of the CGT-B and workers in the Ministry of the Economy, Finance and Foresight

Allegations regarding the cancellation of the march on 1 May 2024

1. 210. In a communication dated 17 July 2024, six national trade union organizations, namely the General Labour Federation of Burkina Faso (CGT–B), the National Confederation of Workers of Burkina (CNTB), the Trade Union Confederation of Burkina Faso (CSB), Force ouvrière/National Union of Trade Unions (FO-UNS), the National Organization of Free Trade Unions (ONSL) and the Trade Union of Workers of Burkina Faso (USTB), allege serious and repeated violations of democratic and trade union freedoms since the takeover by the current regime on 30 September 2022, in violation of the national Constitution and the fundamental Conventions of the ILO, notably Convention No. 87. The six complainant trade union confederations, grouped together within the Trade Union Action Unit (UAS) comprising 17 independent trade unions, allege a series of violations of their trade union rights.
2. 211. According to the complainants, since October 2023, when a trade union grouping, including the CGT-B, announced the organization of a gathering on 31 October to commemorate the ninth anniversary of the popular uprising of 30 and 31 October 2014, the organizers have received threats from Government supporters. Groups of individuals appeared in social media posts brandishing bladed weapons, such as machetes, accompanied by public calls for union leaders to be murdered, and for their houses to be identified and burned. The complainants allege that, although these actions were reported, the authorities failed to take any steps to protect the union leaders targeted. The authorities moreover failed to respond, apart from announcing a police investigation, which has not led to any further action. On the contrary, the head of the special delegation of the municipality of Ouagadougou asked the organizers to postpone the demonstration on the grounds that it could exacerbate social tensions and threaten cohesion.
3. 212. The complainants also allege the attempted abduction of Mr Moussa Diallo, General Secretary of the CGT-B, from his home on 29 January 2024 by masked men, some of whom were wearing official uniforms of the defence and security forces. This attempted abduction only failed due to its live reporting on social media by Mr Diallo and the mobilization of activists and neighbours. The complainants allege that other abductions of leading figures, committed by masked individuals, can be attributed to the National Intelligence Agency (ANR). Despite the serious nature of these events, a request for a meeting from the UAS addressed to the minister responsible for security has gone unanswered. This situation led the General Secretary to decide to go into hiding, out of fear for his safety.
4. 213. The complainants furthermore allege that Mr Moussa Diallo has been the victim of administrative dismissal constituting an act of direct repression. He was accused, in a formal notice dated 8 February 2024 of dereliction of duty in his position as lecturer at the Manga University Centre, affiliated to the Norbert Zongo University in Koudougou. According to the complainants, this accusation, which dates his dereliction of duty back to 8 December 2023, is contradicted by his participation in a symposium and official communications with the University throughout December 2023. The complainants also indicate that, despite several letters on Mr Diallo’s situation addressed to the university and ministerial authorities, and the Prime Minister (copies of which are provided in the complaint), no one has provided a response regarding his situation. As a result, following the formal notice, his pay was suspended from April 2024, before he was officially dismissed by decision of the Council of Ministers on 25 April 2024. According to the complainants, this case illustrates the repression of critical voices from the trade union movement, in violation of Conventions Nos 87 and 98. The complainants report having made a public statement denouncing this dismissal in May 2024, which did not receive a response from the authorities.
5. 214. Furthermore, the complainants allege that a toxic environment has been created by the authorities, as exemplified by threats against workers in the Ministry of the Economy, Finance and Foresight (MEFP), who were publicly accused by the transitional President of sabotaging the collection of taxes and duties. These accusations were made on the occasion of International Women’s Day on 8 March 2024 and were relayed on social media by groups supporting the transition, who explicitly threatened two identified union organizers, and their families. Four ministry trade unions have publicly spoken out against these statements and threats, but the authorities have not taken any action against the persons identified as having made these threats on social media.
6. 215. Lastly, the trade union organizations allege cancellation of the march planned by the UAS to submit their set of demands to the Ministry of Labour on the occasion of May Day. The march was cancelled on the morning it was due to go ahead by the head of the special delegation of the municipality of Ouagadougou, although all the formalities had been duly completed at the city hall. The ban was imposed suddenly, even though on the previous evening, no opposition had been expressed by the authorities. The minister responsible for labour had even made an appointment for that day to receive the aforementioned demands. The UAS denounced this arbitrary ban in an open letter addressed to the competent authorities.
7. 216. In this context of the obstruction of their exercise of activities, the complainants request the Committee to challenge the Government on these clear violations of their trade union rights protected under the national Constitution and Conventions Nos 87 and 98. They urge the authorities to take immediate measures to guarantee the safety of union leaders, notably an end to the persecution of Mr Moussa Diallo, General Secretary of the CGT-B. The complainants also call for the lifting of unjustified sanctions, the cessation of threats and intimidation, and the full recognition of freedom of association, as well as the restoration of genuine social dialogue that is respectful of fundamental labour rights.

B. The Government’s reply

National context

Allegations regarding the prohibition of the gathering of 31 October 2023

Allegations of threats against the General Secretary of the CGT-B and workers in the Ministry of the Economy, Finance and Foresight

Allegations regarding the cancellation of the march on 1 May 2024

Measures taken by the Government to protect trade union rights

1. 217. In communications dated 10 October and 19 November 2024, and 27 January and 11 September 2025, the Government sent its observations regarding the issues raised.
2. 218. The Government reports that, for several years, the country has been faced with a particularly serious security crisis, the recent intensification of which has had major humanitarian, social and economic repercussions. This crisis has involved a rise in violent terrorist attacks, leading to the displacement of thousands of people and the closure of numerous public services, notably schools and health centres. Certain public officials have been forced to leave their positions to escape threats and violence. The Government’s priority has been to restore territorial integrity through an action plan for stabilization and development. This plan notably includes the general mobilization of the population and warnings against terrorist threats, within a framework of legislative and regulatory texts upholding fundamental rights. In its latest communication, the Government however indicates that, despite the still difficult context, it has launched several initiatives to promote social dialogue, with a meeting in February 2025 with trade unions, including the six complainant organizations, and the receipt of a list of grievances from workers’ organizations on May Day 2025.
3. 219. The Government recalls that Martyrs’ Day, established following the popular uprising of October 2014 and organized each year on 31 October, is commemorated through public events organized by both the authorities and civil society. For the occasion in 2023, the head of the special delegation of the municipality of Ouagadougou, who is responsible for maintaining public order, expressed reservations regarding plans for a gathering on this date, given the security context and the lack of availability of the defence and security forces to ensure it could take place safely, recommending that the organizers postpone the demonstration in the interests of the population. The organizers decided to postpone the gathering following these recommendations. Regarding the allegations of threats against the organizers on social media, the Government recalls that the police authorities opened legal proceedings against the possible perpetrators, and that the organizers could also take legal action. A defamation complaint has been filed by the CGT-B in relation to these events, and proceedings are under way.
4. 220. Concerning the allegation regarding the attempted abduction of the General Secretary of the CGT-B, the Government explains that it was informed of an attempted trespass via social media. A police intervention, with the Anti-Crime Brigade supported by the Republican Security Corps, made it possible to secure the premises, and investigations are under way to identify the perpetrators. On the issue of disciplinary procedures, notably the formal notice and dismissal, the Government wishes to clarify that, according to the law applicable to public officials in the position of lecturer or researcher, any official charged with dereliction of duty must report for duty or justify their situation by a given deadline. In the absence of any response, the decision to dismiss Mr Diallo was taken in accordance with the law, without the Disciplinary Board being consulted. The Government provides an exhaustive file relating to his dismissal. The file includes a copy of the letter of 20 February 2024 from the officer in charge to the President of Norbert Zongo University reporting that Mr Diallo had been absent since 8 December 2023; the communication of the formal notice issued to Mr Diallo by the President of Norbert Zongo University broadcast on national radio from 21 to 23 February 2024 asking him to return to his duties within ten days; the decision of the University of 26 March 2024 to suspend Mr Diallo’s pay from April 2024 as a precautionary measure; the letter from the University to the responsible ministry (Ministry of Higher Education, Research and Innovation) reporting the dereliction of duty of Mr Diallo; the communication from the Ministry dated 16 April 2024 to the President of Burkina Faso and the Council of Ministers requesting approval of the dismissal of Mr Diallo; and lastly Decree No. 2024-847 of the President of Burkina Faso dated 24 July 2024 dismissing Mr Diallo for dereliction of duty from 2 March 2024.
5. 221. Moreover, the Government refutes all links between the statements of the Head of State at Tenkodogo on the occasion of International Women’s Day and the violation of trade union rights, underscoring that the statements were a challenge to workers regarding the fall in tax revenue, the scope of which has been publicly debated by the trade unions concerned, which have provided information in response. In relation to penalizing the perpetrators of threats against trade unionists on social media, the Government reports that it has not been able to identify them, but that investigations are still ongoing. Lastly, the Government indicates that no workers have been harmed following these threats.
6. 222. The Government notes that, given the difficult security context and new information received regarding the risk of infiltration of the march planned for 1 May 2024, the head of the special delegation of the municipality of Ouagadougou informed the trade union organizations that, in order to guarantee safety, he would not permit them to occupy public thoroughfares. The Government suggested moving the location for receiving the demands to the Labour Exchange, but this proposal was rejected by the trade union organizations, which expressed a preference for submitting them in writing. In the end, the trade union gathering took place at the Labour Exchange.
7. 223. The Government wishes to reassure the Committee and recalls that, since the Second Patriotic Movement for Safeguard and Restoration (MPSR 2) in September 2022, special attention has been paid to trade union freedoms and rights. No Government in the recent history of Burkina Faso has shown such attachment to the demands of workers. In 2023, several decrees were passed in response to trade union demands dating back decades, notably on the appointment of public officials to be made available to trade unions, the establishment of voluntary collection of union dues at the source and provisions for managing deductions linked to strike action. These measures aim to strengthen the capacities of trade union organizations. Furthermore, a bill to ratify the international Conventions governing labour relations in public services and collective bargaining is currently being examined by the Transitional Legislative Assembly.
8. 224. In addition to this progress, despite the challenging context, the Government considers that it has satisfied other trade union demands, including compensation for personnel, reimbursement of incorrectly suspended pay, the reinstatement of professional exams in the health and education sectors, the correction of career records for health officials, the revision of inter-occupational guaranteed minimum wages, and several structural reforms relating to the education system and the agricultural and land reform, and to establish a regular progression structure and settle social debts.

C. The Committee’s conclusions

Allegations regarding serious violations of freedom of association since September 2022

Allegations regarding the prohibition of trade union demonstrations

Allegations regarding threats against union representatives

1. 225. The Committee notes that this case concerns alleged violations of freedom of association since September 2022, including threats, attempted abductions, repressive measures against union leaders and arbitrary bans on trade union demonstrations in a climate of insecurity and impunity. The Committee observes that, while the complainants allege repeated violations of trade union rights contrary to the national Constitution and international obligations of the country, the Government attributes certain decisions to the prevailing security crisis, while affirming its commitment to respecting and promoting freedom of association in this difficult context.
2. 226. The Committee notes with deep concern the allegations by six complainant national trade union confederations, grouped together within the Trade Union Action Unit (UAS), that respect for freedom of association has deteriorated since the takeover by the transition regime in September 2022, characterized by serious violations of trade union rights. These allegations refer to public threats, calls for the murder of union leaders, attempted abductions, unjustified repressive administrative measures and the prevalence of a climate of impunity. The Committee notes that, in its reply, the Government recognizes that the country is affected by a major security crisis, involving the intensification of terrorist attacks and difficulties in ensuring general safety, including that of public officials and union representatives.
3. 227. On a preliminary basis, the Committee, aware of the gravity of the security situation in the country, has reached the following conclusions in the hope that the situation in the country will soon improve. The Committee recalls that the Committee has previously requested the Government to ensure that any emergency measures aimed at national security did not prevent in any way the exercise of legitimate trade union rights and activities, including strikes, by all trade unions irrespective of their philosophical or political orientation, in a climate of complete security [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 74].
4. 228. The complainants allege that after announcement of a gathering organized by the CGT-B and other trade unions for 31 October to commemorate the ninth anniversary of the popular uprising of 30 and 31 October 2014, government supporters threatened organizers. Complainants allege that groups of individuals appeared in social media posts brandishing bladed weapons, such as machetes, accompanied by public calls for union leaders to be murdered, and for their houses to be identified and burned. The complainants also allege that, although these actions were reported, the authorities failed to take any steps to protect the union leaders targeted and that an announced police investigation has not led to any further action. They further allege that the head of the special delegation of the municipality of Ouagadougou asked the organizers to postpone the demonstration on the grounds that it could exacerbate social tensions and threaten cohesion. The Committee notes the Government explanation that the head of the special delegation of the municipality of Ouagadougou, who is responsible for maintaining public order, expressed reservations regarding plans for a gathering on this date, given the security context and the lack of availability of the defence and security forces to ensure it could take place safely, and recommended that the organizers postpone the demonstration. The Government states that the organizers decided to postpone the gathering following these recommendations. Regarding the allegations of threats against the organizers on social media, the Government states that the police authorities have opened legal proceedings against the possible perpetrators, that the organizers could also take legal action, and that a defamation complaint filed by the CGT-B in relation to this case is currently being examined. The Committee can understand the grounds for seeking to prevent any disturbance to public order leading to the request to postpone the commemorative trade union gathering. The Committee recalls that the right to organize public meetings constitutes an important aspect of trade union rights, and that in any case the exercise of trade union rights is incompatible with violence or threats of any kind and it is for the authorities to investigate without delay and, if necessary, penalize any act of this kind [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 88].
5. 229. In addition, the Committee notes that the complainants allege an arbitrary ban on the freedom of demonstration and assembly with the last-minute prohibition of the march on 1 May 2024 aimed at presenting a set of demands to the Ministry of Labour, even though all the formalities had been duly completed at the city hall and, furthermore, the minister responsible for labour had agreed to receive the aforementioned demands. The Government states that the head of the special delegation of the municipality of Ouagadougou informed the trade union organizations that, in order to guarantee safety, he would not permit them to occupy public thoroughfares. The Government states that it suggested that the event be moved to the Labour Exchange for the unions to present there its demands to the Ministry of Labour. According to the Government, the trade union organizations rejected the proposal and stated that it preferred to present the demands in writing. The Government adds that, in the end, the trade union gathering in fact took place at the Labour Exchange.
6. 230. The Committee wishes to recall that the holding of public meetings and the voicing of demands of a social and economic nature on the occasion of May Day are traditional forms of trade union action. Trade unions should have the right to organize freely whatever meetings they wish to celebrate on May Day, provided that they respect the measures taken by the authorities to ensure public order. Although the prohibition of demonstrations on the public highway in the busiest parts of a city, when it is feared that disturbances might occur, does not constitute an infringement of trade union rights, the authorities should strive to reach agreement with the organizers of the demonstration to enable it to be held in some other place where there would be no fear of disturbances. Lastly, the requirement of administrative permission to hold public meetings and demonstrations is not objectionable per se from the standpoint of the principles of freedom of association. The maintenance of public order is not incompatible with the right to hold demonstrations so long as the authorities responsible for public order reach agreement with the organizers of a demonstration concerning the place where it will be held and the manner in which it will take place [see Compilation, paras 213, 216 and 218]. In the event of future instances of this nature, the Committee urges the Government to confer with the trade unions in order to allow trade union organizations to fully exercise their right to hold public meetings and demonstrations to defend their occupational interests, particularly on the occasion of May Day, in an environment of trust and dialogue.
7. 231. The Committee is deeply concerned by the allegations of threats to the physical integrity of union leaders and their families made via social media following a public statement by the transitional President in March 2024 concerning workers in the Ministry of the Economy, Finance and Foresight (MEFP) accused of sabotaging the collection of taxes and duties. The Committee is particularly concerned by the allegation that, despite the threats being reported by four ministry trade unions, the authorities have not taken any action against the persons identified on social media as having made them. The Committee notes that, in its reply, the Government refutes all links between the statements of the Head of State and the violation of trade union rights, underscoring that the statements were a challenge to workers regarding the fall in tax revenue, the scope of which has been publicly debated by the trade unions concerned. In relation to penalizing the perpetrators of threats against trade unionists on social media, the Government reports that it has not been able to identify them, but that investigations are still ongoing. The Committee recalls that acts of intimidation and physical violence against trade unionists constitute a grave violation of the principles of freedom of association and the failure to protect against such acts amounts to a de facto impunity, which can only reinforce a climate of fear and uncertainty highly detrimental to the exercise of trade union rights [see Compilation, para. 90]. The Committee requests the Government to keep it informed of the investigations under way and trusts that these will be completed as rapidly as possible to determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar serious events.
8. 232. In addition, the Committee notes with deep concern the allegations regarding the situation of Mr Moussa Diallo, General Secretary of the CGT-B. It notes that, according to the complainants, Mr Diallo was allegedly the victim of attempted abduction from his home on 29 January 2024 by masked men, some of whom were wearing official uniforms; the attempted abduction was apparently only prevented thanks to the intervention of activists and neighbours alerted via social media and faced with the inaction of the authorities despite having reported these events, Mr Diallo has had to go into hiding for his safety. The complainants further allege that Mr Diallo was reported to have been subjected to unfair disciplinary measures, with suspension of pay followed by dismissal in April 2024 for alleged dereliction of duty at the Manga University Centre, affiliated to the Norbert Zongo University. According to the complainants, this sanction is without foundation, as Mr Diallo participated in official academic activities throughout the period concerned. They view this as direct repression linked to his trade union role and allege that no response has been received from the authorities despite the letters and public statements drawing attention to his situation. The Committee notes that the Government confirms having been informed via social media of the attempted abduction from home, and confirms that the police, supported by the Anti-Crime Brigade and the Republican Security Corps, intervened to secure the premises and open an investigation. Regarding his dismissal, the Government claims that the procedure took place in accordance with the legislation governing public services, stating that Mr Diallo was given formal notice to return to his duties within ten days from 21 February 2024, and that, in the absence of any response, his pay was suspended and he was then dismissed for dereliction of duty by decree of 24 July 2024. The Government refutes all links between this decision and Mr Diallo’s trade union activities, stating that the law was applied normally.
9. 233. Regarding the attempted abduction of Mr Diallo, the Committee recalls that it is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated. Furthermore, the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators [see Compilation, para. 102]. Accordingly, the Committee expects the police investigation into this case, which it understands to have begun in January 2024, to be concluded without delay, and requests the Government to keep it informed of the outcome in relation to determining responsibilities and punishing the guilty parties.
10. 234. Regarding Mr Diallo’s dismissal for dereliction of duty, the Committee takes note of the information provided by the complainants and the Government, which present diverging views. The Committee observes that the handling of the Mr Diallo’s case of dereliction of duty by the administration, from notification of the University to the decision by the Council of Ministers, does not make reference to his trade union role, or seem to have taken into account the communications sent to the University and the responsible ministry, up to the Prime Minister, by the trade union organizations drawing attention to the attempted abduction and the difficult climate of intimidation surrounding Mr Diallo. In these conditions, it would appear desirable, with a view to easing tension, that Mr Diallo’s situation is reviewed in the light of these elements. The Committee requests the Government to keep it informed of any developments in this regard and urges the Government and the complainant to provide information regarding Mr Moussa Diallo’s employment and trade union status since his dismissal in April 2024.
11. 235. As a general matter, and in conclusion, the Committee welcomes the resumption of dialogue with trade unions, including the complainant organizations, since February 2025, and expects the Government to promptly take all necessary measures to follow up on its recommendations to protect against any climate of impunity for acts of violence and intimidation against the trade union movement in the country. The Committee expresses the firm hope that this will translate into concrete steps to follow up on the recommendations in this case to respect, promote and realize freedom of association.

The Committee’s recommendations

1. 236. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed of the investigations under way in relation to the serious threats against union leaders from the Ministry of the Economy, Finance and Foresight, and trusts that these will be completed as rapidly as possible in order to determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar serious events.
   • (b) The Committee expects the police investigation into the attempted abduction of Mr Moussa Diallo, Secretary General of the CGT-B, which it understands to have begun in January 2024, to be concluded without delay, and requests the Government to keep it informed of the outcome in relation to determining responsibilities and punishing the guilty parties.
   • (c) The Committee takes the view that it would appear desirable, with a view to easing tension, that Mr Diallo’s situation is reviewed in the light of elements it recalled. The Committee requests the Government to keep it informed of any developments in this regard and urges the Government and the complainant to provide information regarding Mr Diallo’s employment and trade union status since his dismissal in April 2024.
   • (d) In the event of future instances of this nature, the Committee urges the Government to confer with the trade unions in order to allow trade union organizations to fully exercise their right to hold public meetings and demonstrations to defend their occupational interests, particularly on the occasion of May Day, in an environment of trust and dialogue.
   • (e) The Committee welcomes the resumption of dialogue with trade unions, including the complainant organizations, since February 2025, and expects the Government to promptly take all necessary measures to follow up on its recommendations to protect against any climate of impunity for acts of violence and intimidation against the trade union movement in the country. The Committee expresses the firm hope that this will translate into concrete steps to follow up on the recommendations in this case to respect, promote and realize freedom of association.