Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information sent by the Government. While noting that the Labour Code of 1992 is currently being reviewed, the Committee is nonetheless bound once again to draw the Government’s attention to the following points.

1. Article 2, paragraph 2, of the Convention (read together with Article 7). The Committee notes that the Government has still not amended Decree No. 74/350/PRES/FPT of 14 September 1974 so as to ensure that the representative organizations of employers are represented on the Standing National Committee for Migration Issues. It asks the Government to provide a copy of the new text once it has been adopted.

2. Article 9, paragraph 3. Further to its previous comments, the Committee notes the provisions of section 14 of the Labour Code concerning migrant workers who are in an irregular situation through no fault of their own. According to section 14, if the employer fails to apply for a visa or if a visa is refused, the work contract becomes null and void. Repatriation is at the employer’s expense in both cases.

However, the Labour Code contains no provisions to give effect to Article 9, paragraph 3, under which, when the irregular situation is not of the migrants’ own making, they bear the transport costs but not the costs of expulsion. The Committee asks the Government to provide information on the manner in which it is ensured that in such event the migrant worker does not bear the costs of expulsion.

3. Article 10 (read in conjunction with Articles 12(d) and 14(a)). The Committee notes with regret that, according to section 159 of the Labour Code, "members of a trade union who perform management and administrative duties must be nationals of Burkina Faso or of a State with which establishment agreements have been concluded providing for reciprocity in respect of the right to organize". The Committee again refers to the comments it has been making since 1981 to the effect that the abovementioned provisions are not consistent with Article 10 of the Convention which prescribes equality of treatment in respect of trade union rights. The Committee hopes that the requirement of reciprocity will be eliminated.

4. The Committee also notes that, contrary to the intent expressed in 1992, the Government has still not amended articles 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967 to give effect to Articles 10, 12(d) and 14(a) of the Convention. It would be grateful if the Government would provide a copy of the revised text as soon as it has been adopted.