Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

1.  In its General Survey on migrant workers, 1999, the Committee notes that the extent, direction and nature of international migration for employment has altered profoundly since the adoption of the Convention (see General Survey, paragraphs 5‑17). The Committee would therefore be grateful if the Government would indicate how contemporary trends in regard to migratory flows have had an impact on the content and application of its national policy and its legislation in respect of emigration and immigration. Noting that the Government has not given statistical data on the number of Burkinabé nationals working abroad and the countries in which they work, or of the countries of origin of foreigners employed in Burkina Faso, it reiterates its request for information on this matter.

2.  The Committee notes the fact that there is no agreement between Ghana and Burkina Faso on matters of common interest in regard to migration despite the large number of Burkinabé workers residing in Ghana. The Government, nevertheless, indicates that it is in process of exploring the possibility of cooperation between the two countries on social security, particularly in regard to pensions. The Committee trusts that the Government will keep it informed of the state of progress in negotiations and will supply a copy of the text finally adopted. In this context, noting that the bilateral agreements concluded by Burkina Faso with Côte d’Ivoire date from 1961, those with Mali from 1969 and those with Gabon from 1973, the Committee would be grateful if the Government would indicate whether these agreements are reviewed and updated periodically.

3.  The Committee also requests the Government to supply information on the practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(a), (b), (c) and (d) of the Convention. Recalling that under paragraph 1 of this Article, any State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in (a) to (d) of the Article, the Committee would be grateful, given the increasing feminization of migrant workers, if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to the justice system (see Committee of Experts General Survey on migrant workers, 1999, paragraphs 20-23 and 658).

4.  Article 8.  This provision was one of those most frequently mentioned by governments when the General Survey was carried out as raising difficulties of application (paragraphs 600-608 of the survey). The Committee would be grateful if the Government would supply information on the practical application of maintenance of the right of residence in the event of incapacity for employment of migrant workers admitted on a permanent basis.

5.  Bearing in mind the increasing role noted by the Committee in the abovementioned General Survey played by private agencies in the international migration process, the Government is requested to indicate whether this development has had an impact on the application of Annexes I and II of the Convention which cover the recruitment, placing and conditions of labour of migrant workers recruited otherwise than under government-sponsored arrangements for group transfer on the one hand, and for migrants recruited under government-sponsored arrangements for group transfer on the other. If so, the Committee would be grateful if the Government would indicate the measures taken or envisaged to regulate the activities of private agencies or to encourage self-regulation in order to protect migrant workers against any abuse and the sanction incurred for violations, particularly in the case of misleading propaganda.