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Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Burkina Faso

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1974)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1974)

Other comments on C081

Observation
  1. 2007
  2. 2004
  3. 2001
  4. 1995
Direct Request
  1. 2022
  2. 2017
  3. 2012
  4. 2011
  5. 2010
  6. 2008
  7. 2004
  8. 2001
  9. 1999
  10. 1998
  11. 1995
  12. 1994
  13. 1993
  14. 1990

Other comments on C129

Observation
  1. 2011
  2. 2010
  3. 2008
  4. 2007
  5. 2006
  6. 2004
  7. 2003
  8. 2002
  9. 2001
  10. 1995
Direct Request
  1. 2022
  2. 2017
  3. 2012
  4. 1999
  5. 1998
  6. 1996
  7. 1995
  8. 1994
  9. 1993
  10. 1990

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.
The Committee notes the observations made by the National Confederation of Workers of Burkina (CNTB) on the application of these Conventions, received in 2015.
Legislation. Technical assistance. The Committee notes that in October 2017 the Government received ILO technical assistance on the preliminary draft of the Bill to issue the Labour Code. It hopes that, in the context of the finalization of the Bill, the Government will take fully into account the technical comments made by the Office and the points raised by the Committee below.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. In its previous comments, the Committee requested the Government to consider the adoption of legislative and practical measures, such as the transfer of conciliation functions to a conciliation body established for that purpose, to relieve labour inspectors of conciliation duties so that they can devote themselves to their primary duties. In this regard, the Committee notes the information provided by the Government in its report that, in accordance with Order No. 2014-040/MFPTSS/SG of 13 August 2014, the regional labour and social security departments (DRTSS) consist of five different services, including the labour inspection service, responsible among other functions for supervision, and the service for industrial relations and the promotion of social dialogue, responsible among other areas for the settlement of individual and collective labour disputes. The Government adds that inspectors and controllers (assistant inspectors) are assigned to these different services for a specific period, during which they focus exclusively on that service. The Government considers that the conciliation function is not an obstacle to the discharge of the primary duties of inspectors and that the real difficulty lies in the lack of material resources. However, the Committee notes that, according to the CNTB, there is no effective supervision of enterprises, as labour inspectors are confined to their duties relating to the conciliation of labour disputes. The Committee also notes, according to the annual general report on the labour inspection services (hereinafter the annual report), that in 2015 the number of workplaces inspected was 1,284, and that the total number of labour disputes dealt with was 3,859. While noting the administrative separation between the services responsible for supervision and those engaged in conciliation, the Committee notes that in practice the proportion of the activities of labour inspectors devoted to conciliation is still predominant. In a context of limited resources of the labour inspection services, the Committee requests the Government to continue its efforts to reverse this situation so that the duties of labour inspectors set out in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129 take precedence over their conciliation activities.
Articles 3(1)(b), and 5 of Convention No. 81 and Articles 6(1)(b), and 13 of Convention No. 129. Preventive action. In its previous comments, the Committee requested the Government to provide further information on the prevention activities undertaken by the labour inspection services. The Committee notes the Government’s indication in this regard that the labour inspection services provided support to eight enterprises for the establishment of occupational safety and health committees in 2012, four in 2013 and 2014, and a regional occupational safety and health coordination body in 2014. The labour inspection services have also carried out awareness-raising, information and training activities. However, the Committee notes that the Government has not replied to its request for information on preventive action in agriculture, including in areas identified as having a high incidence of employment accidents. With reference to its comments on the Safety and Health in Agriculture Convention, 2001 (No. 184), in which it noted the lack of information on the activities carried out in practice, the Committee once again requests the Government to provide information on the preventive action undertaken by labour inspectors in the agricultural sector.
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 14 and 15 of Convention No. 129. Means of enforcement in the event of violations of the legislation covered by the Convention. Cooperation with the judicial system. In its previous comments, the Committee noted that, of the total of 6,844 infringements indicated in the annual report for 2007, none had given rise to fines. It notes that, of the 34,200 infringements reported in the annual report for 2015, 47 infraction reports imposing fines were issued. With regard in particular to agriculture, it notes that the number of infringements was 57, but that no infraction reports imposing fines were issued. It also notes the Government’s indication that it is planning to establish a framework for permanent dialogue between the inspection services and the justice system with a view to improving coordination and cooperation between the labour inspectorate and the judicial authorities. The Committee requests the Government to provide information on the progress achieved in the context of this initiative and to ensure in this respect that problems specific to the agricultural sector are taken into account. The Committee also requests the Government to provide information on the number of cases of violations of labour law referred to the judicial system and any court rulings.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the information provided by the Government in reply to its request on the distribution of functions between labour inspectors and labour controllers (assistant inspectors) and on their conditions of service. It notes in this respect that labour controllers assist labour inspectors, in accordance with section 400 of the Labour Code, and that they are empowered to deal with infringements through infraction reports in accordance with section 395 of the Labour Code. It also notes that labour inspectors and controllers have the same conditions of service as all public service officials, in accordance with Act No. 13/98/AN of 28 April 1998 establishing the legal regime applicable to employment and officials in the public service. The Government adds that specific conditions of service are being developed for labour inspectors and controllers. In this regard, the Committee notes that section 403 of the draft Bill to issue the Labour Code provides that labour inspectors and controllers shall be governed by conditions of service which guarantee them stability of employment and ensure that they are independent of changes of government and of improper external influences. The Committee requests the Government to provide a copy of the conditions of service of labour inspectors and controllers once they have been adopted.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Initial and subsequent training of labour inspectors. With reference to its previous comments, the Committee notes the detailed information contained in the annual reports for 2013, 2014 and 2015 on the initial and subsequent training provided to labour inspectors and controllers. The Government adds that a further training plan was developed and validated in 2014 with a view to strengthening the general capacities of inspectors and the specialization of certain inspectors and controllers in priority fields, such as occupational safety and health, child labour, International Labour Standards and social dialogue. It also indicates that fields relating to agriculture are covered in training modules at the National School of Administration and Law (ENAM), which cover occupational safety and health and occupational medicine, but that there is no further training for labour inspectors and controllers in fields specifically related to agriculture. The Committee requests the Government to take measures to include issues specific to the agricultural sector in the context of the further training provided to labour inspectors and controllers and requests it to provide information on any progress achieved in this regard.
Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Material and human resources. The Committee notes that, according to the annual report for 2015, the total number of labour inspectors and controllers was 139 and 118, respectively, in that year. It notes that the report also provides information on the number of vehicles, motorcycles, telephone lines and computers in the four central departments and the 13 DRTSS. With regard to computers, the Government indicates that on average three officials use a single operational computer in the DRTSS, and on average two officials in the central departments. It refers to the application of Joint Order No. 2015-048/MFPTSS/MEF of 19 May 2015 determining the benefits in kind of labour inspectors, which should enable each labour inspector and controller to have a laptop computer. The Committee also notes the conclusions of the annual report for 2015, which emphasize that, notwithstanding the satisfactory results of labour inspection, difficulties remain and are essentially due to the inadequacy of financial and material resources. The CNTB observes that workplaces are not inspected as a result of the lack of logistical (means of transport) and human resources. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that the labour inspection services have at their disposal the material resources necessary for their operation, including a sufficient number of telephone lines, computers and Internet access, and adequate means of transport. It also requests the Government to provide details on the improvements resulting from the application of Joint Order No. 2015-048/MFPTSS/MEF of 19 May 2015.
Article 13 of Convention No. 81 and Article 18 of Convention No. 129. The Committee notes that sections 273, 274 and 407 of the draft Bill address the powers of labour inspectors in the event of conditions of work that are hazardous for the health and safety of workers. In accordance with Article 13 of Convention No. 81 and Article 18 of Convention No. 129, the provisions of the Bill should specify that it is sufficient for labour inspectors to have reasonable cause to believe that there exists a threat to the health and safety of workers to take the measures envisaged in these Articles of Conventions Nos 81 and 129. The Committee requests the Government to ensure that labour inspectors are empowered, in law and practice, to take the measures envisaged in the above Articles of the Conventions when they have reasonable cause to believe that there exists a threat to the health and safety of workers. It requests the Government to provide statistical information on the number of compliance orders issued by labour inspectors to eliminate defects identified in cases when they have reasonable cause to believe that there was a threat to the health and safety of the workers.
Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted the very low number of cases of occupational disease reported and of occupational physicians employed by the labour inspection services. The Committee notes that, according to the annual reports for 2013, 2014 and 2015, between six and seven cases of occupational disease were notified each year, with no cases in the agricultural sector. Recalling the importance of the notification of industrial accidents and cases of occupational disease, the Committee firmly encourages the Government to take measures to ensure that the labour inspection services are duly informed not only of employment accidents, but also of occupational diseases. In particular, it encourages the Government to make efforts in this respect in the agricultural sector. It requests the Government to provide information on any progress achieved in this regard.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication of annual reports on the work of the labour inspection services. In its previous comments, the Committee requested the Government to provide information on the progress achieved in the establishment of a register of enterprises, including agricultural undertakings, where necessary with ILO technical assistance. In this regard, the Committee notes the Government’s indication that it plans to request technical assistance. The Government adds, with regard to the agricultural sector, that it is still dominated by family undertakings which essentially employ family members, covering small areas, from which the production is destined for family consumption, which makes it difficult to establish a reliable register. The Committee also notes the indication by the CNTB that it has no official documentation indicating the scope or extent of work in this sector. The CNTB adds that the sector is developing as a result of the facilities offered to agribusiness. The Committee encourages the Government to continue its efforts to establish registers of enterprises liable to labour inspection. It also encourages the Government to continue developing the information contained in the annual reports, in accordance with Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.
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