Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 143) sur les travailleurs migrants (dispositions complémentaires), 1975 - Burkina Faso (Ratification: 1977)

Autre commentaire sur C143

Observation

2008

Demande directe

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Article 1 of the Convention. Basic human rights of all migrant workers. The Committee notes the adoption of Act No. 062-2009/AN of 21 December 2009 and Decree No. 2010-559/PRES/PM/MPDH of 2 September 2010 issuing the new rules governing the National Human Rights Commission (CMW/C/BFA/CO/1, 20 September 2013, paragraph 5). The Committee notes that, under the terms of section 8 of the Act, the Human Rights Commission may receive complaints from individuals, their representatives, non-governmental organizations and other associations. The Commission also has advisory and guidance functions, and the competence to inspect prisons and any other place in which acts of torture or cruel or inhumane treatment may occur. The Committee also notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families expressed concern with regard to the difficulties in accessing remedies and, in particular, the lack of knowledge by migrant workers of the respective procedures (CMW/C/BFA/CO/1, 20 September 2013, paragraphs 18, 21 and 26). The Committee requests the Government to provide information on any action taken by the National Human Rights Commission for the protection of the basic human rights of migrant workers and to indicate whether it has been called upon to address complaints concerning violations of the human rights of migrant workers. The Committee also requests the Government to indicate the measures adopted to inform migrants of the various remedies available.

Articles 2 to 7. Measures to combat irregular migration and illegal employment. The Committee previously noted, in the context of its examination of the application of the Forced Labour Convention, 1930 (No. 29), the adoption of Act No. 029-2008/AN of 15 May 2008 to combat trafficking in persons and similar practices. The Committee also notes the adoption, within the framework of the Economic Community of West African States (ECOWAS), of the ECOWAS Common Approach on Migration on 18 January 2008, which provides for the adoption of measures for the protection of the rights of migrants. In the context of this document, the Member States of ECOWAS reaffirm their willingness to combat all entities which promote the recruitment, transportation and exploitation of irregular migrants, particularly women and children. The Committee also notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families expressed concern regarding the abuse and exploitation of migrant workers, notably in agriculture, mining and domestic work, as well as the inadequacy of the measures taken by the State to combat the trafficking of children and women. The CMW also noted that the Government intends to draw up and approve a national strategy on migration covering the period 2014–25, together with a three-year plan 2014–16 (CMW/C/BFA/CO/1, paragraphs 5, 12, and 38). The Committee further notes that the Government refers once again in its report to sections 64 and 72 of the Labour Code, under the terms of which employers are required to submit the contracts of employment of foreign workers for approval by the labour inspectorate. The Government adds that bilateral agreements on migration have been concluded with France and Malta and that the majority of migrant workers in Burkina Faso come from Member States of ECOWAS, with which there are agreements on the free movement of persons. The Committee requests the Government to provide information on the effect given to Act No. 029-2008/AN, and on the implementation of the national strategy on migration 2014–25, and the three-year plan 2014–16 and their impact in practice on combating irregular migration and illegal employment. Please provide specific information on the penalties and other measures adopted against organizers of illegal or clandestine movements of migrants for employment, and employers in violation of the requirements set out in the Labour Code, with respect to work undertaken by foreign nationals. The Committee also requests the Government to provide information on the measures adopted in the framework of the ECOWAS Common Approach on Migration for the protection of migrant workers, including women, children and workers in agriculture, mining and domestic work.

Articles 10 and 12. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s indication that it is making efforts to adopt texts for the promotion of equality of treatment between migrant workers and nationals. With reference to the national strategy on migration for the period 2014–25 and the three-year plan 2014–16 envisaged by the Government, the Committee requests the Government to provide further details on the strategy and plan and to indicate in particular the provisions adopted and the measures taken with a view to ensuring equality of opportunity and treatment, in accordance with Articles 10 to 12 of the Convention. The Committee further requests the Government to provide a copy of the strategy and the plan once they have been adopted, and to indicate the measures taken with a view to their dissemination.

Articles 10 and 14(a). Access to employment. The Committee has been referring for many years to the lack of conformity with the Convention of sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR of 15 February 1967, under the terms of which, in occupations where a high number of unemployed have been registered among nationals, no jobseekers’ cards will be issued to foreign nationals and the conclusion of a contract of employment with a foreign national is subject to authorization which depends on the labour market situation. The Committee notes in this regard that the Government once again reiterates that section 4 of the Order has never been applied and that no worker has been refused a visa under these provisions. The Government adds that it will adopt provisions to bring the national legislation into conformity with the Convention. The Committee recalls that restrictions on the employment of foreigners, by means of work permits or employment authorizations, are generally imposed during a preliminary phase and are progressively relaxed after a prescribed period of residence or employment, when the worker acquires the status of a permanent resident or becomes entitled to an unrestricted work permit. The maximum period authorized by Article 14(a) is two years (see General Survey on migrant workers, 1999, paragraph 391). The Committee hopes that legislative provisions will be adopted in the near future with a view to revising Order No. 98/TFP/PMO/FPR of 15 February 1967 to ensure that the conclusion of a contract of employment with a foreign national is not dependent on the labour market situation and it requests the Government to provide information in this regard. Please provide statistical data on the number of workers who have been refused a work permit, with an indication of the reasons for the refusal.