CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Burkina Faso (RATIFICATION: 1960)

Other comments on C087

Observation

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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The Committee notes the Government’s comments in response to the joint observations of six trade union confederations (General Labour Federation of Burkina Faso (CGT–B); National Confederation of Workers of Burkina (CNTB); Trade Union Confederation of Burkina Faso (CSB); Force Ouvrière/National Union of Free Trade Unions (FO/UNS); National Organization of Free Trade Unions (ONSL) and the Trade Union of Workers of Burkina Faso (USTB)) received on 29 August 2019, concerning the administrative suspension of two trade unions in the transport sector and the ban on the activities of a prison officials’ union. The Committee notes the Government’s indication that the suspension measures against the trade unions in the transport sector have been lifted but, with regard to the prison officials’ union, that the activities in question have been suspended since they were not lawful as they aimed at inciting militants to engage in assaults and stop work illegally, and that legal proceedings are under way. Noting that such suspension measures involve a serious risk of interference in the very existence of organizations, and recalling that these measures should be accompanied by all the necessary guarantees, in particular adequate judicial safeguards (see the 2012 General Survey on the fundamental Conventions, paragraph 162), the Committee requests the Government to provide information on the legal proceedings in question.

In its previous comments, the Committee requested the Government to amend certain legislative and regulatory provisions relating to the right to strike. The Committee notes the Government’s indication that the process of adoption of the Labour Code has been further delayed, owing to the prevailing socio-economic situation in the country, and its reiteration that the process is under way and that the concerns expressed regarding the non-conformity of certain provisions have been taken into account. Under these conditions, the Committee is bound to recall that the Government is expected to take the necessary measures to amend, in particular, the following legislative and regulatory provisions:

section 386 of the Labour Code, under the terms of which the exercise of the right to strike shall on no account be accompanied by the occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this regard, the Committee recalled that restrictions on strike pickets and the occupation of the workplace are acceptable only where the action ceases to be peaceful. However, it is necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises;
the Order of 18 December 2009, issued under section 384 of the Labour Code, which lists establishments that may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike. The Committee observed that certain of the services contained in the list could not be considered essential services or require the maintenance of a minimum service in the event of a strike, such as mining and quarrying, public and private slaughterhouses, university centres. The Committee therefore requested the Government to revise the list of establishments which may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike to ensure that requisitioning is only possible in: (i) services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) services which are not essential in the strict sense of the term, but in which strikes of a certain scope and duration could give rise to an acute crisis threatening the normal living conditions of the population; or (iii) public services of fundamental importance.

The Committee once again expresses the firm hope that the Labour Code will be adopted in the near future and that it will give full effect to the provisions of the Convention. It requests the Government to provide a copy of the Code once promulgated, as well as any relevant implementing texts.