CMNT_TITLE

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Burkina Faso (RATIFICATION: 1977)

Other comments on C143

Observation

2008

Direct Request

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Article 1 of the Convention. Basic human rights of all migrant workers. The Committee notes the Government’s statement, in its report, that the adoption, on 24 March 2016, of Act No. 001-2016/AN establishing the National Human Rights Commission, introduced a substantial reform of the Commission by broadening its mandate on the promotion, protection and defence of human rights and the handling of complaints. The Commission has been operational since 25 March 2018 but no complaints have been brought before it concerning violations of migrant workers’ rights specifically. In this regard, the Government states that workshops and awareness-raising activities have been carried out with the support of the International Organization for Migration (IOM) to ensure broad dissemination of the principles and provisions of international treaties concerning the rights of migrant workers, and aimed at encouraging national courts to invoke such treaties. Since 2014, training sessions have been organized for legal professionals (magistrates, police officers and lawyers). In October 2016, training and awareness-raising sessions were provided to 35 stakeholders regarding the protection of migrant workers in international migration law, and to 47 border police officers regarding migrants’ rights and legal remedies. In 2018, the Government initiated a campaign to raise awareness of the Conventions to which Burkina Faso is party, and disseminate them among legal professionals. The Committee notes however that the IOM, in its publication, Migration Governance Indicators Profile 2021 – Burkina Faso, notes that the country “does not have any specific policies or procedures to identify migrants in a vulnerable situation and provide them with adequate protection and guidance services” (page 23). The Committee requests the Government to continue providing information on action taken, including by the National Human Rights Commission, for the protection of the basic human rights of migrant workers. It requests it to indicate whether it has received complaints concerning violations of the basic human rights of migrant workers and, if so, the outcome of related procedures. The Committee also requests the Government to indicate the specific measures adopted to inform migrants of the various remedies available.

Articles 2 to 7. Measures to combat irregular migration and illegal employment. The Committee notes the Government’s indications that: (1) the national strategy on migration 2016–25 has been adopted, as well as a first three-year action plan 2016–2018; and (2) the provisions of Act No. 029-2008/AN of 15 May 2008 to combat trafficking in persons and similar practices have been incorporated into the 2018 Criminal Code. From 2017 to 2018, prosecutions were brought against 150 persons in relation to the crackdown on trafficking in persons and, concerning trafficking of migrants, the judicial services registered two cases involving six persons. The Government also indicates that employers who fail to submit the employment contracts of non-national workers for approval by the labour inspectorate within the required time frame are liable to a fine of between 5,000 and 50,000 CFA francs (5,000 to 100,000 CFA francs in the case of a repeated offence). Lastly, awareness-raising sessions were organized on the opportunities of regular migration and risks of irregular migration, reaching 850 persons in the Haut Bassins, Centre East, South West, East and Cascades regions, the main areas from which migrants depart; and leaflets on this issue were produced. In this regard, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of May 2022: (1) expressed concern about the lack of disaggregated data and statistics, including on conditions of employment of migrant workers and on migrants in an irregular situation in general; and (2) called on the Government to strengthen the capacity of labour inspection services to effectively monitor the sectors employing migrant workers, especially in mines, and agricultural and domestic work, and to receive, investigate and process complaints of alleged violations in that regard. It also noted the signing, on 18 December 2017, of the Joint Initiative between Burkina Faso, the European Union and the IOM for the Protection and Reintegration of Migrants in Burkina Faso, the purpose of which is to protect, return and reintegrate, in a sustainable manner, migrants in an irregular situation (CMW/C/BFA/CO/2, 19 May 2022, paragraphs 17, 40 and 57). The Committee requests the Government to provide information on the implementation of the national strategy on migration 2016–25 and the three-year action plans, their impact on combating irregular migration and illegal employment, and any difficulties encountered in this regard. It requests it to provide specific information on the penalties and other measures adopted against organizers of illegal or clandestine movements of migrants for employment, and employers in violation of the requirements set out in the Labour Code with respect to work by foreign nationals. The Committee also requests the Government to provide information on the measures taken for the protection of migrant workers, including in agriculture, mining and domestic work.

Articles 10 and 12. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s indication, in response to its previous comment, that the national strategy on migration 2016–2025 is based on values of equality, equity and non-discrimination, and that the second strategic pillar of the first three-year action plan focuses on the protection and guarantee of migrants’ rights. The Committee requests the Government to provide information on the provisions adopted and the measures taken to guarantee equality of opportunities and treatment, in accordance with Articles 10 and 12 of the Convention (such as educational programmes and other activities aimed at: (i) ensuring the acknowledgement and application of the national strategy on migration by all concerned; and (ii) ensuring that migrant workers have thorough knowledge of the policy adopted, their rights and obligations, and that they benefit from effective assistance to ensure their protection and enable them to exercise their rights.

Articles 10 and 14(a). Access to employment. The Committee notes the Government’s statement, in response to its previous comment, that the provisions of Order No. 98/TFP/DTMO/FPR of 15 February 1967 establishing the enterprises’ recruitment conditions and the terms for the declaration of movement of workers are outdated under the current legislation.