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NORMLEX Home > Country profiles > > Comments > All Comments

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Burkina Faso (RATIFICATION: 1962)

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Previous comment

Public Service Advisory Council. The Committee notes that the Government reiterates that the decree due to determine the composition, organization and operation of the Public Service Advisory Council, a joint bipartite advisory body established by Act No. 81 2015/CNT of 24 November 2015 issuing the general public service regulations (sections 78 and 85 of the Act), has still not been adopted. The Committee once again urges the Government to take the necessary measures to ensure, eight years after the adoption of the Act, the effective functioning of the Public Service Advisory Council and to provide a copy of the decree in question once it has been adopted.

Right to collective bargaining in practice. The Committee notes the Government’s indication that the collective agreement on road transport was revised in 2020 and that the labour inspection services registered seven new enterprise agreements in 2021. The Committee requests the Government to provide exhaustive up-to-date information on the number of agreements and accords concluded in the country, indicating the sectors concerned and the number of workers covered. The Committee also requests the Government to provide information on the initiatives taken by the Government to promote free and voluntary collective bargaining.

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The Committee notes the Government’s comments in reply to the joint observations of six trade union confederations (the General Labour Confederation of Burkina Faso (CGT–B), the National Confederation of Workers of Burkina Faso (CNTB), the Trade Union Confederation of Burkina Faso (CSB), Force ouvrière - National Trade Union Alliance (FO-UNS), the National Organization of Free Trade Unions (ONSL), and the Trade Union of Workers of Burkina Faso (USTB)), received on 29 August 2019, relating in particular to acts of anti-union discrimination against trade union activists and leaders in the public sector. The Committee notes the Government’s indication that: (i) measures have been taken to remove sanctions against the trade union activists and officers in question; and (ii) the public servants suspended in the context of their trade union activities have been reinstated by court decision, even though some cases are still pending. Recalling that public servants and public sector employees not engaged in the administration of the State – including those who are not trade union officers – must be afforded effective protection against acts of anti-union discrimination within the meaning of the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 188), the Committee requests the Government to ensure that all the public servants suspended in the context of their legitimate trade union activities are reinstated in their posts, and to provide information in this regard.

Articles 4 and 6 of the Convention. Collective bargaining in the public sector. In its previous comments, the Committee once again asked the Government to provide information on the measures taken or envisaged to ensure the right to collective bargaining of public servants not engaged in the administration of the State, whether or not they are considered in national law as belonging to the category of public servants (see General Survey of 2012 on the fundamental Conventions, paragraph 172). Noting the Government’s indication that it is seeking technical assistance from the Office, the Committee trusts that the Government will be in a position to provide information in its next report on any new developments in this regard and on any collective agreement concluded in the public sector.

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Public Service Advisory Council. In its previous comments, the Committee noted that Act No. 81 2015/CNT of 24 November 2015, issuing the general public service regulations, repealed contravening provisions of Act No. 013/98/AN of 28 April 1998 establishing the legal regime applicable to posts and employees in the public service, and that it provides (in section 78) for the establishment of a Public Service Advisory Council, the composition, organization and operation of which shall be determined by decree (section 85). According to the Government, the decree in question is still under preparation. The Committee urges the Government to take the necessary measures to ensure the effective functioning of the Public Service Advisory Council as soon as possible. It also urges the Government to provide information in its next report on any developments in this respect, as well as a copy of the relevant implementing text, once adopted.

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The Committee notes 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/UNSL); National Organization of Free Trade Unions (ONSL) and the Trade Union of Workers of Burkina Faso (USTB) received on 29 August 2019, concerning persistent obstacles to the application of the Convention, including acts of anti-union discrimination against trade union activists and leaders. The Committee requests the Government to provide its comments in this regard.

Articles 4 and 6 of the Convention. Collective bargaining in the public sector. In its previous comments, the Committee noted that while the national legislation allows civil servants to establish associations or occupational trade unions and grants them the right to strike within the framework defined by the relevant legislation in force (sections 69 and 70 of Act No. 081-2015/CNT of 24 November 2015, issuing the general regulations of the public service), the right to collective bargaining of public servants not engaged in the administration of the State is not explicitly recognized. With regard to the scope of application of the Convention and the exceptions for public officials to which the Government refers in its report, the Committee wishes to recall the distinction that should be drawn between, on the one hand, public servants who by their functions are directly engaged in the administration of the State (such as civil servants employed in government ministries and other comparable bodies, as well as ancillary staff) who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public undertakings or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention. This second category of public employees includes, for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel, whether or not they are considered in national law as belonging to the category of public servants (see the 2012 General Survey on the fundamental Conventions, paragraph 172). The Committee notes that according to the Government, the labour relationship between the State and public officials is governed by specific laws and regulations drafted with the involvement of stakeholders, including the social partners. The Committee requests the Government once again to provide information on the measures taken or envisaged to ensure the right to collective bargaining of public servants not engaged in the administration of the State and to establish adequate machinery to promote the exercise of this right. The Committee requests the Government to provide information in its next report on any developments in this regard, and on any collective bargaining conducted in the public sector. The Committee reminds the Government that it can, if it so wishes, have recourse to the technical assistance of the Office.

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Public Service Advisory Council. In its previous comments, the Committee noted the Government’s indication that public service employees had not yet appointed their representatives on the Public Service Advisory Council (a joint bipartite advisory body established by Act No. 013/98/AN of 28 April 1998 concerning the legal regime applicable to posts and employees in the public service, the advisory functions of which are determined by Decree No. 98/375/PRES/PN/MFPDI/MEF of 15 September 1998 concerning the competencies, composition and operation of public service advisory bodies). The Committee notes that according to the Government’s report, Act No. 81 2015/CNT, of 24 November 2015, issuing the general regulations of the public service, repealed contravening provisions of Act No. 013/98/AN and provides (in section 78) for the establishment of a Public Service Advisory Council, the composition, organization and operation of which shall be determined by Decree (section 85). According to the Government, the implementing texts for Act No. 81 are still under preparation. The Committee requests the Government to transmit a copy of Act No. 81 of 24 November 2015 issuing the general regulations of the public service, and the relevant implementing texts, once they have been adopted. It trusts that the Government will make every effort to take the necessary measures to ensure, in the near future, the effective operation of the Public Service Advisory Council.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, concerning persistent obstacles to the application of the Convention, and the Government’s reply on this subject.

Articles 4 and 6 of the Convention. Collective bargaining in the public sector. With reference to its previous comments, the Committee notes the Government’s indication that Act No. 081 2015/CNT of 24 November 2015 issuing the general regulations of public service, which repeals contravening provisions of Act No. 013/98/AN of 28 April 1998 establishing the legal regime applicable to posts and employees in Civil Service, as amended by Act No. 019-2005/AN of 18 May 2005, public servants are entitled to engage freely in bargaining and to conclude agreements in their sectors of activity, although in practice no collective agreement has been negotiated or concluded in the public sector. The Committee notes that, while the national legislation provides that civil servants can establish associations or occupational trade unions and exercise the right to strike within the framework defined by the legislative texts in force (sections 69 and 70 of Act No. 081-2015), the right to collective bargaining of public servants not engaged in the administration of the State is not explicitly recognized. In the absence of new information brought to its knowledge, the Committee once again requests the Government to take the necessary measures to ensure the right to collective bargaining of public servants not engaged in the administration of State and to establish adequate machinery to promote the exercise of this right. The Committee requests the Government to provide information on its next report on any developments in this regard, and on any collective agreements concluded in the public sector. The Committee reminds the Government that it can, if it so wishes, have recourse to the technical assistance of the Office.

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Public Service Advisory Council. In its previous comments, the Committee noted the Government’s indication that the public service employees had not yet appointed their representatives within the Public Service Advisory Council (a bipartite consultative body with equal representation, which was set up under Act No. 013/98/AN of 28 April 1998 establishing the legal regime applicable to posts and employees in the public service, and the advisory powers of which are fixed by Decree No. 98/375/PRES/PN/MFPDI/MEF of 15 September 1998 issuing the competencies, structure and operation of public service advisory bodies). The Committee notes the Government’s indication that the appointment of members has still not occurred and that it was making every effort to ensure that the operation of the Public Service Advisory Council is effective. The Committee requests again the Government to provide information on any further developments in this regard.

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Articles 4 and 6 of the Convention. Collective bargaining in the public sector. With reference to its previous comments, the Committee had noted the Government’s indication that, pursuant to Act No. 013/98/AN of 28 April 1998 establishing the legal regime applicable to posts and employees in the public service, as amended by Act No. 019-2005/AN of 18 May 2005, public servants are entitled to freely engage in bargaining and to conclude agreements in their sectors of activity, although in practice no collective agreement has been negotiated or concluded in the public sector. The Committee notes that, while the Act in question, in its sections 44 and 45, provides that public service employees can establish associations or occupational trade unions and grants the right to strike to public service employees who exercise it within the framework defined by the relevant legislative texts in force, it does not explicitly recognize the right to collective bargaining for public servants not engaged in the administration of the State. The Committee requests the Government once again to take the necessary steps to ensure that the legislation explicitly guarantees the right to collective bargaining for public servants not engaged in the administration of the State and establishes adequate machinery to promote the exercise of this right. The Committee requests the Government to provide information in its next report on any further developments in this regard and on any collective agreement concluded in the public sector. The Committee invites the Government to avail itself of ILO technical assistance.

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Public Service Advisory Council. In its previous comments the Committee noted the Government’s indication that the public service employees had not yet appointed their representatives within the Public Service Advisory Council (a bipartite consultative body with equal representation, which was set up under Act No. 013/98/AN of 28 April 1998 establishing the legal regime applicable to posts and employees in the public service, and the advisory powers of which are fixed by Decree No. 98/375/PRES/PN/MFPDI/MEF of 15 September 1998 issuing the competencies, structure and operation of public service advisory bodies). The Committee notes the Government’s indication in its report that it is making every effort, especially through the adoption of a new decree, to ensure that the operation of the Public Service Advisory Council is effective. The Committee requests the Government to provide information on any further developments in this regard.

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The Committee notes the Government’s reply to the observations dated 4 August 2011 from the International Trade Union Confederation (ITUC) and to the Committee’s request concerning the sending of statistics on collective bargaining in the private sector.

Articles 4 and 6 of the Convention. Collective bargaining in the public sector. With reference to its previous comments, the Committee notes the Government’s indication in its report that pursuant to Act No. 013/98/AN of 28 April 1998 establishing the legal regime applicable to posts and employees in the public service, as amended by Act No. 019-2005/AN of 18 May 2005, public servants are entitled to freely engage in bargaining and to conclude agreements in their sectors of activity but that in practice no collective agreement has been negotiated or concluded in the public sector. The Committee notes that the Act in question does not explicitly recognize the right to collective bargaining for public servants not engaged in the administration of the State but that sections 44 and 45 of the Act state that public service employees enjoy the rights and public freedoms secured to all Burkinabé citizens by the Constitution, that they can, inter alia, establish associations or occupational trade unions, become members thereof and hold office therein, under the conditions stipulated by the legislation relating to the right of association, and that the right to strike is secured to public service employees who exercise it within the framework defined by the relevant legislative texts in force. The Committee therefore requests the Government to take the necessary steps to ensure that the legislation explicitly guarantees the right to collective bargaining for public servants not engaged in the administration of the State and to provide information in its next report on any further developments in this regard and on any collective agreement concluded in this sector.

The Committee is raising other points in a request addressed directly to the Government.

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

Repetition
The Committee noted the comments from the International Trade Union Confederation (ITUC) dated 26 August 2009 and 24 August 2010 concerning anti-union practices, particularly dismissals and transfers. The Committee requests the Government to send its observations in this respect.
Article 4 of the Convention. Promotion of collective bargaining. The Committee had hoped that the Government would soon be able to indicate the approximate number of workers and sectors covered by the collective agreements in force and had asked it to give an account of all measures to promote collective bargaining (including in the bakery, road transport and media sectors, in relation to which the Committee asked for information in its previous comments), particularly those taken by the Directorate of Labour Relations and Promotion of Social Dialogue (DRPPDS).
As regards the approximate number of workers and sectors covered by the collective agreements in force, the Committee noted the Government’s indication that constraints due to the elections had prevented the compilation of the requested information. However, the Government indicated that it hoped that the elections would take place as soon as possible and would enable the numbers of workers covered by the collective agreements in force to be determined. The Committee requests the Government to send the requested information as soon as it is available.
As regards the measures to promote collective bargaining, particularly those taken by the DRPPDS, the Committee noted the Government’s indication that: (1) the DRPPDS had held consultations with the social partners concerning the revision of the inter-occupational collective agreement; (2) during these consultations, the social partners expressed the wish focus on negotiations aimed at the conclusion or revision of sectoral agreements; (3) the DRPPDS had therefore identified the sectors of activity covered by previous agreements and those which are not covered, in order to encourage the social partners to engage in collective negotiations; and (4) training aimed at strengthening the capacity of the social partners for collective negotiations had been held and other training, in cooperation with the Programme of Social Dialogue in Francophone Africa (PRODIAF), was planned. The Committee also noted with regard to the media sector that the sectoral collective agreement was negotiated and signed on 6 January 2009 and dialogue was ongoing with respect to the bakery, road transport, banking and financial establishment sectors. The Committee requests the Government to send information on any developments in this sphere and indicate the collective agreements which have been concluded.
Collective bargaining in the public sector. As regards the public service advisory bodies, including the tripartite Public Service Advisory Council, which has competence for dialogue (section 51 of Act No. 013/98/AN of 28 April 1998 concerning the public service), the Committee previously noted the indication that the employees had not yet appointed their representatives and asked the Government to supply information on any new developments in this respect. The Committee also asked the Government to specify the categories of public servants not engaged in the administration of the State who enjoy the right to collective bargaining.
In this respect, the Committee noted the adoption of Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998. It also noted the Government’s indication that all public officials, with the exception of officials having the duties of director-general, technical director or departmental director who are engaged in the administration of the State, fully enjoy the right to collective bargaining. Noting that the Government’s report does not contain any information concerning the representatives to the Public Service Advisory Council, the Committee requests the Government to: (1) indicate whether these representatives have been appointed and also any new developments in this area and; (2) send a copy of Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998 in order to evaluate the application of the right to collective bargaining of public servants not engaged in the administration of the State.

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

Finally, the Committee notes the comments from the ITUC dated 4 August 2011 and requests the Government to send in observations in this respect.

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The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 26 August 2009 and 24 August 2010 concerning anti-union practices, particularly dismissals and transfers. The Committee requests the Government to send its observations in this respect.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had hoped that the Government would soon be able to indicate the approximate number of workers and sectors covered by the collective agreements in force and had asked it to give an account of all measures to promote collective bargaining (including in the bakery, road transport and media sectors, in relation to which the Committee asked for information in its previous comments), particularly those taken by the Directorate of Labour Relations and Promotion of Social Dialogue (DRPPDS).

As regards the approximate number of workers and sectors covered by the collective agreements in force, the Committee notes the Government’s indication that constraints due to the elections have prevented the compilation of the requested information. However, the Government adds that it hopes that the elections will take place as soon as possible and will enable the numbers of workers covered by the collective agreements in force to be determined. The Committee requests the Government to send the requested information as soon as it is available.

As regards the measures to promote collective bargaining, particularly those taken by the DRPPDS, the Committee notes the Government’s indication that: (1) the DRPPDS has held consultations with the social partners concerning the revision of the inter-occupational collective agreement; (2) during these consultations, the social partners expressed the wish focus on negotiations aimed at the conclusion or revision of sectoral agreements; (3) the DRPPDS has therefore identified the sectors of activity covered by previous agreements and those which are not covered, in order to encourage the social partners to engage in collective negotiations; and (4) training aimed at strengthening the capacity of the social partners for collective negotiations have been held and other training, in cooperation with the Programme of Social Dialogue in Francophone Africa (PRODIAF), is planned. The Committee also notes with regard to the media sector that the sectoral collective agreement was negotiated and signed on 6 January 2009 and dialogue is ongoing with respect to the bakery, road transport, banking and financial establishment sectors. The Committee requests the Government to send information on any developments in this sphere and indicate the collective agreements which have been concluded.

Collective bargaining in the public sector. As regards the public service advisory bodies, including the tripartite Public Service Advisory Council, which has competence for dialogue (section 51 of Act No. 013/98/AN of 28 April 1998 concerning the public service), the Committee previously noted the indication that the employees had not yet appointed their representatives and asked the Government to supply information on any new developments in this respect. The Committee also asked the Government to specify the categories of public servants not engaged in the administration of the State who enjoy the right to collective bargaining.

In this respect, the Committee notes the adoption of Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998. It also notes the Government’s indication that all public officials, with the exception of officials having the duties of director-general, technical director or departmental director who are engaged in the administration of the State, fully enjoy the right to collective bargaining. Noting that the Government’s report does not contain any information concerning the representatives to the Public Service Advisory Council, the Committee requests the Government to: (1) indicate whether these representatives have been appointed and also any new developments in this area and; (2) send a copy of Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998 in order to evaluate the application of the right to collective bargaining of public servants not engaged in the administration of the State.

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

Article 4 of the Convention. Promotion of collective bargaining. The Committee hopes that the Government will soon be able to indicate the approximate number of workers covered by these agreements, and requests it to give an account of all measures to promote collective bargaining (including in the bakery, road transport and media sectors, in relation to which the Committee has requested information in its previous comments), taken in particular by the Directorate of Labour Relations and the Promotion of Social Dialogue.

Collective bargaining in the public sector. With regard to the public service advisory bodies, including the Tripartite Public Service Advisory Council, which is competent with regard to dialogue (section 51 of Act No. 013/98/AN of 13 April 1998 on the public service), the Committee notes the indication that the employees have not yet appointed their representatives and requests the Government to provide information on any developments in this regard.

The Committee previously asked the Government to specify the categories of public servants not engaged in the administration of the State who enjoy the right to collective bargaining. The Committee recalls that the Convention applies to all public servants not engaged in the administration of the State and requests the Government to take the necessary measures to guarantee the right to collective bargaining on conditions of employment between their trade union organizations and the employers.

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

The Committee notes the communication of 26 August 2009 by the International Trade Union Confederation (ITUC), reporting that public servants affiliated to the National Union of Treasury Employees (SATB) and the Union of Employees of the Ministry of Foreign Affairs (SAMAE) were transferred for having taken part in protest action in May 2007, and that the General Secretary of the General Confederation of Workers of Burkina Faso (CGT–B) was arrested on 15 December 2008 following a commemorative march, and questioned by the national gendarmerie. The Committee requests the Government to send comments in response to the ITUC’s allegations of acts of anti-union discrimination.

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The Committee notes the observations made by the International Trade Union Confederation (ITUC) concerning the transfer of over 100 officials by the General Directorate of the Treasury and the Ministry of Foreign Affairs against workers and militants who participated in protest actions. The Committee notes that according to the Government, the transfers were due to human resource imperatives, and not motivated by anti-union reasons.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that the Government has provided examples of collective agreements in force, namely the Interoccupational Collective Agreement of 1974 and the collective agreements for transport auxiliaries of 1979, for oil companies of 1976, for private education of 1979 and for trade of 1982. The Committee notes that, according to the Government, it is not possible to determine the number of workers covered by each collective agreement. However, the professional elections due to be held soon should help to determine the number. The Committee emphasizes that these collective agreements, on which the Government has yet to provide information, have been in force for a long time and hopes that the Government will be able soon to indicate the approximate number of workers covered by these agreements, and requests it to give an account of all measures to promote collective bargaining (including in the bakery, road transport and media sectors, in relation to which the Committee has requested information in its previous comments), taken in particular by the Directorate of Labour Relations and the Promotion of Social Dialogue.

The Committee previously asked the Government to specify the categories of public servants not engaged in the administration of the State who enjoy the right to collective bargaining. It notes with regret that the Government’s report does not contain information on this point. The Committee recalls that the Convention applies to all public servants not engaged in the administration of the State and requests the Government to take the necessary measures to guarantee the right to collective bargaining on conditions of employment between their trade union organizations and the employers.

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The Committee notes the Government’s report and the replies to the observations made by the International Confederation of Free Trade Unions (ICFTU), now the International Trade Unions Confederation (ITUC), in 2006.

The Committee notes with interest the information that a Directorate of Labour Relations and the Promotion of Social Dialogue has been established within the Ministry of Labour and Social Security to promote collective bargaining. It also notes that, according to the Government, this Directorate initiated dialogue between employers and workers on wages in July 2007. The Committee requests the Government to keep it informed in this respect and to provide copies of the collective agreements in force, with an indication of the approximate number of workers covered by them (including in the bakery, road transport and media sectors, in relation to which the Committee requested information in its previous observation).

Article 4 of the Convention. Collective bargaining in the public sector. The Committee takes note of Decree No. 98-375/PRES/PN/MFPDI/MFF of 15 September 1998 on the composition, functioning and competence of the advisory bodies of the public service, including the Public Service Advisory Council in relation to concertation (section 51 of Act No. 013/98/AN of 13 April 1998 respecting the public service). The Committee requests the Government to specify the categories of public servants not exercising authority in the name of the State who enjoy the right to collective bargaining.

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The Committee notes the Government’s report.

1. Comments of the International Confederation of Free Trade Unions (ICFTU). The Committee notes the ICFTU’s comments of 10 August 2006 concerning anti-trade union dismissals and requests the Government to provide its response on this subject.

2. Article 4 of the Convention. Collective bargaining in the public sector. With regard to its previous comments on the composition, functioning and competence of the Advisory Council of the Public Service in relation to concerted dialogue (section 51 of Act No. 013/98/AN of 13 April 1998 respecting the public service), the Committee notes that the Government will take the necessary measures to communicate the decrees envisaged in the legislation once they have been adopted. The Committee hopes that these decrees will be adopted in the near future and requests it to keep the Committee informed of any measure envisaged in this respect.

3. Collective bargaining in other sectors. With regard to its request for information on the progress achieved with the draft collective agreements for the bakery, road transport and private radio sectors, and any other collective agreements, the Committee notes that, according to the Government, there has been no significant progress in relation to the draft collective agreements in the bakery and road transport sectors, but that there has been a draft collective agreement in the media sector. The Committee notes with regret that significant progress has not yet been achieved and requests the Government to take measures to promote compliance with the Convention in the above sectors and to keep it informed thereof.

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The Committee notes that the Government’s report has not been received.

The Committee notes that Act No. 013/98/AN of 13 April 1998 concerning public services, grants trade union rights, including right to strike, to public servants. The Committee requests the Government to provide details on the composition, functioning and competence of the Advisory Council of public service as far as concerted dialogue is concerned (section 51).

The Committee observes that draft collective agreements for the bakery, road transport and private radio sectors are in the process of being negotiated. The Committee asks the Government to inform it in its next report of the progress made in this respect and in respect of any other collective agreements.

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The Committee notes the information contained in the Government’s report.

The Committee reiterates its previous request that the Government send the text of Act No. 013/98/AN of 13 April 1998 concerning public services.

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The Committee notes the information contained in the Government’s report, particularly Decree No. 97-101 of 12 March 1997 establishing the membership, terms of reference and operation of the Labour Advisory Committee, a tripartite body empowered by section 5 of the above Decree to issue opinions on all matters pertaining to labour legislation.

The Committee also observes that draft collective agreements for the bakery, road transport and private radio sectors are in the process of being negotiated. The Committee asks the Government to inform it in its next report of the progress made in this respect and in respect of any other collective agreements.

The Committee notes, however, that the Government sent Act No. 45-60/AN of 25 July 1960 on regulation of the right to strike of civil servants and state agents, but not the subsequent text that the Committee requested (Act No. 013/98/AN of 13 April 1998) defining the legislation governing public service jobs and employees. The Committee must therefore reiterate its previous request that the Government send the text of Act No. 013/98/AN of 13 April 1998 so that the Committee can make its comments advisedly.

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The Committee notes the Government’s report. The Committee notes that the Government mentions that no new collective agreement has been negotiated and that procedures have been taken to conclude sector-based agreements. The Committee hopes progress will be made in the near future given that the Convention was ratified by Burkina Faso 40 years ago.

The Committee notes that Decree No. 97-101/PRES/PM/METSS/MET of 12 March 1997 concerning the Labour Consultation Committee and Order No. 013/08/AN of 13 April 1998 (that rules different collective agreements in the public sector) have not been received even though the Government has sent them. The Committee requests that the Government send the abovementioned texts once more.

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee had noted that no collective agreements have been negotiated and that the Labour Advisory Committee, provided for in section 230 of the Labour Code, which has a role in collective bargaining, was set up by Decree No. 97-101/PRES/PM/METSS/MET of 12 March 1997. The Committee asked the Government to send a copy of the Decree and to state whether any collective agreements had been concluded under the aegis of the (tripartite) advisory committee since it was set up. The Committee hoped that it would be in a position to note that progress had been made in collective bargaining in the near future.

Furthermore, the Committee again asked the Government to indicate whether there was any provision in laws or regulations for the settlement of collective labour disputes concerning employees in public services, enterprises and establishments not covered by the Labour Code and, if so, to send it copies of these texts.

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The Committee notes the information supplied by the Government in its report to the effect that no collective agreements have been negotiated and that the Labour Advisory Committee, provided for in section 230 of the Labour Code, which has a role in collective bargaining, was set up by Decree No. 97-101/PRES/PM/METSS/MET of 12 March 1997. The Committee asks the Government to send a copy of the Decree and to state whether any collective agreements have been concluded under the aegis of the (tripartite) advisory committee since it was set up. The Committee hopes that it will be in a position to note that progress has been made in collective bargaining in the near future.

Furthermore, the Committee again asks the Government to indicate whether there is any provision in laws or regulations for the settlement of collective labour disputes concerning employees in public services, enterprises and establishments not covered by the Labour Code and, if so, to send it copies of these texts.

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The Committee notes the Government's report as well as the 1991 Constitution and the Labour Code (Act No. 11/92/ADF of 22 December 1992) which entered into force respectively on 2 June 1991 and 31 December 1992 (Decree No. 92-379/PRES). The Committee asks the Government to send it information on the application of section 64 of the Labour Code and to indicate in particular whether the joint commission has actually been able to prepare branch, national, regional or local collective agreements and, if it has, to send it the texts as well as those on the establishment of the advisory labour commission (section 230(2)).

The Committee also asks the Government to indicate whether there exists legislation or regulations for the settlement of collective labour disputes applicable to wage-earners in the public services, enterprises and corporations not covered by the Labour Code and, if so, to send it copies of these texts.

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The Committee refers to the observation that it has made on Convention No. 87 concerning the situation of teachers who were dismissed following a strike that took place in March 1984.

The observation on Convention No. 87 reads as follows:

The Committee notes the Government's report and the observations made by the Committee on Freedom of Association in relation to the effect given to its recommendations concerning Case No. 1266 (254th Report) approved by the Governing Body at its 239th (February-March 1988) Session.

In particular, it notes with satisfaction that, under the terms of Communiqué No. 5 of the People's Front, published in Sidwava No. 879, of 19 October 1987, all the teachers dismissed in 1984 following a strike have been reinstated into their original services, the sanctions that had been applied to suspended public employees nave been set aside and all political prisoners and administrative detainees have been freed.

It also notes, from the Government's report, that all the reinstated teachers and all workers in general are free to join and participate in the activities of the trade union of their choosing for the defence of their interests. The Committee, however, requests the Government to state whether, within the context of these measures, dismissed teachers who have reached the retirement age, and their dependants, have recovered their pension rights.

The Committee is addressing a direct request to the Government concerning the application of the Convention on another point. $$LEGISLATION Communiqué No. 5 of the People's Front of 19 October 1987