CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Burkina Faso (RATIFICATION: 1960)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. Punishment of vagrancy. In its previous comments, the Committee noted that the wording of section 246 of the Penal Code is too general and may act as a direct or indirect compulsion to work by punishing vagrancy with a prison term of two to six months. The Committee requested the Government to provide information on the progress made in revising this section.

The Committee notes the Government’s indication in its report that the preliminary draft of the revised Penal Code decriminalizes vagrancy. The Committee hopes that the Government will be in a position to provide information on the progress made in revising section 246 of the Penal Code so as to ensure that the vagrancy is not criminalized.

Article 2(2)(a). Work or service exacted under compulsory military service laws. Work in the national interest. In its previous comments, the Committee noted that, according to Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces, any unmarried citizen of Burkina Faso of 18 to 25 years of age may freely undertake or be called upon to serve in the national army. The obligation to serve is governed by sections 33 et seq. of the Act. The obligation involves a statutory period of 18 months’ active service devoted to civic and military instruction and to work in the national interest (section 36). The Government stated that work in the national interest in which conscripts may participate is strictly limited to cases of force majeure.

The Committee notes the Government’s indication that the revision of the legislation on military service is still pending. The Committee requests the Government to take the necessary steps, as part of the upcoming revision of the legislation on military service, to explicitly establish in the law that such work shall be strictly limited to cases of force majeure.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that, under section 102 of the Act of 1 December 1988 on the organization and regulation of prisons, convicted prisoners are required to work. Prisoners admitted to the correctional division may be employed outside the prison. The Committee requested the Government to specify whether the prisoners’ prior free, formal and informed consent is required, to indicate the manner in which the prisoners are remunerated and to describe their working conditions.

The Committee notes the Government’s indication that prison labour is now regulated by sections 181 et seq. of the Prison System Act (10 April 2017). Section 196 of the Act provides that the hiring of prison labour outside the prison shall be subject to a contract between the prison administration and the user that sets specific terms and conditions pertaining to, inter alia, the duration of the contract and the fees payable, and requires observance of the general terms and conditions for the hiring of prison labour. Section 198 provides that the working conditions and remuneration of a prisoner who is eligible for semi-custodial treatment or outside work shall be discussed by the prisoner in question and the employer and submitted for approval by the Committee on the Application of Sentences.