Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Migration for Employment Convention (Revised), 1949 (No. 97) - Burkina Faso (Ratification: 1961)

Other comments on C097

Direct Request

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Article 1 of the Convention. Information concerning general agreements and special arrangements. The Committee notes the adoption, in the framework of the Economic Community of West African States (ECOWAS), of the ECOWAS Common Approach on Migration on 18 January 2008. The Committee notes that the Common Approach contains action plans to promote migration and development by improving free movement, the management of regular migration and the protection of the rights of migrants. The Committee also notes that, in its concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families noted that the Government intends to draw up a national strategy on migration for the period 2014–25, together with a three-year plan for 2014–16 (CMW/C/BFA/CO/1, 20 September 2013, paragraph 12). The Committee also notes the agreements on the management of migration concluded with France and Malta in 2010 and 2013, respectively. The Committee requests the Government to provide specific information on the measures adopted for the implementation of the ECOWAS Common Approach on Migration and their impact. Please also provide information on the implementation of the national strategy on migration for the period 2014–25 and the three-year plan 2014–16, particularly with regard to measures for the establishment of a centralized database containing information disaggregated by sex, age and origin, with a view to improving understanding of migration and the situation of migrant workers. The Committee also requests the Government to provide the text of any other bilateral agreement concluded on the matters covered by the Convention.

Article 6. Equality of treatment. The Committee notes that, according to the Government’s report, a study on cases of discrimination is currently being carried out and validated and that the labour inspectorate has not identified violations of the legislation relating to the Convention. The Committee requests the Government to provide information on the findings of the study carried out on cases of discrimination in relation to migrant workers and specific information on any measures adopted for the protection of the rights of migrant workers and gender equality, within the framework of the ECOWAS Common Approach on Migration.

Social security. The Committee notes the adoption, on 7 December 2012, of the ECOWAS General Convention on Social Security, the objective of which is to coordinate the systems of the various Member States with a view to enabling all retired migrants, when they have returned to their country of origin, to benefit from all of their entitlements to retirement benefits and all related benefits. The Committee requests the Government to provide specific information on the implementation of the General Convention and on the Multilateral Convention on Social Security adopted in the framework of the Inter-African Conference on Social Welfare (CIPRES), which was signed by Burkina Faso in 2005.

Articles 2 to 4. Services and assistance for migrant workers. The Committee notes that, according to the Government, the permanent secretariat of the Higher Council for Burkina Faso Nationals Living Abroad (SP/CSBE) has prepared a guide for Burkina Faso nationals abroad, but that those who leave are not informed of its existence and do not therefore have recourse to its services. The Committee notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families expressed concern at the shortcomings in coordination between the institutions involved in the management of migration (CMW/C/BFA/CO/1, paragraph 36). The Committee requests the Government to take measures to improve coordination between all the institutions responsible for the management of migration with a view to improving assistance services to migrants, and to provide information on this subject. The Committee also requests the Government to continue providing information on the activities of the Higher Council for Burkina Faso Nationals Living Abroad and to take specific measures to give it greater visibility and to inform Burkina Faso nationals of the assistance services available to migrant workers. The Committee further requests the Government to provide information on any steps taken against misleading propaganda relating to emigration and immigration.

Article 2. Services and assistance to Burkina Faso returnees. With reference to the serious difficulties encountered by Burkina Faso nationals, and particularly women and children, when they return to the country, the Committee notes the reference made by the Government in its report to the existing measures for the reintegration of repatriated nationals: the National Employment Agency for Youth, the Special Programme for Job Creation and various funds for the financing of activities. The Government indicates that the low level of resources allocated to the SP/CSBE do not enable it to address adequately the reintegration of returning migrants. However, it indicates that, in the framework of the Assistance Programme for Voluntary Return and Reintegration of the International Organization for Migration (IOM), 299 persons have received assistance and 37 reintegration projects have been financed by France. The Committee notes that, in its concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families expresses concern at the lack of reception structures, the lack of support for returnees and the absence of measures to facilitate their durable resettlement in economic, social and cultural terms (CMW/C/BFA/CO/1, paragraph 36). The Committee requests the Government to continue providing information on the measures adopted, particularly in the framework of the national strategy on migration 2014–25 and the three-year plan 2014–16 to improve the services and assistance available to nationals of Burkina Faso who return to their country, and particularly women and children, and the numbers who have benefited.

Article 8. Maintenance of residency rights in the event of incapacity to work. The Committee notes the Government’s confirmation that migrant workers maintain their right to residence, without taking into account the financial burden that this may involve for the public authorities. The Government adds that several provisions are applicable to migrant workers with the right of permanent residence depending on whether or not the migrant worker concerned is a national of a Member State of ECOWAS or of the West African Economic and Monetary Union (UEMOA). For nationals of other States, Burkina Faso applies the provisions of bilateral agreements, where they exist, and in other cases the principle of reciprocity is applied. The Government adds that there have been no cases in practice of the expulsion of migrant workers by reason of incapacity for work. In this respect, the Committee emphasizes that the Convention is not, unless otherwise specified, subject to the principle of reciprocity (see General Survey on migrant workers, 1999, paragraph 605). The Committee requests the Government to take measures to ensure that migrant workers and the members of their families, other than those originating from Member States of ECOWAS or UEMOA, or States with which Burkina Faso has concluded bilateral agreements, are not sent back to their country of origin in cases where they are unable to follow their occupation by reason of illness or injury.