Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous comments: 1. The Committee noted previously that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Conditions of Employment of the Public Service, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions, despite a refusal by the competent authority, before the express acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties. The Committee asked the Government to supply information on the practice followed as regards the acceptance or rejection of resignation requests submitted by public servants. In its report, the Government indicates that although the above provisions may appear restrictive, in practice public servants have no difficulty in leaving their employment if they complete the prescribed formalities. With regard to dismissals of public servants for abandoning their duties, offenders are warned -- often more than once -- before any decision is taken, although this measure is not expressly prescribed by law. The Government also indicates that, in view of the forthcoming review of the General Conditions of Employment of the Public Service, all the above practices will be made formal to take account of the Committee's observations The Committee recalls that, when employment is the result of a freely concluded agreement, the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law. The Committee therefore considers that obligations of this kind are incompatible with the Convention. The Committee would be grateful if the Government would provide information on the criteria followed with regard to the acceptance or refusal of resignation and to provide information on progress in the revision of the General Conditions of Employment of the Public Service. 2. In its previous comments, the Committee noted the Government's indication that the revision of the Penal Code would take account of new forms of exploitation, including certain situations of slavery-like situations such as household employment of children without any particular status and without adequate remuneration. In its last report, the Government indicates that unlawful wages are still the most widespread form of exploitation of child labour. The Committee also notes the information contained in the report submitted by Burkina Faso under Article 44 of the Convention on the rights of the child (CRC/C/3/add.19, paragraphs 9 and 10) in which the Government indicates that it is difficult to keep a check on the limits of the employment of young people at home, in the family and in the community in a difficult social and economic context, both for young people and adults, and that, Burkina Faso being an agricultural and an underdeveloped country, children are frequently called on at an early age to work long hours often in activities which are beyond their strength. The Committee notes this information. It also notes Order No. 539/ITLS/HV of 29 July 1954 concerning child labour in all establishments of whatever nature and in households, which contains detailed provisions to ensure the protection of working children, and Order No. 545/GTL/HV of 2 August 1954 which prohibits the employment of children under the age of 14 for more than four-and-a-half hours in all per day. The Committee asks the Government to provide detailed information on any measures taken to ensure that effect is given to the provisions of the above-mentioned Orders. In its last report, the Government also indicates that work on the revision of the Penal Code has reached a very advanced stage. The Committee asks the Government to report on the progress of the revision and to provide a copy of the Code as soon as it has been adopted. 3. Referring to the general observation under the Convention published in its 1999 report, the Committee would be grateful if the Government would include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.