Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C097

Direct Request

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Articles 1 and 10 of the Convention. Bilateral agreements. The Committee recalls the new Multilateral Convention on Social Security signed by the Inter-African Conference on Social Welfare (CIPRES) providing equality of treatment between workers belonging to countries that are signatories and which, according to the Government, would replace the bilateral agreements on social security with Mali, Côte d’Ivoire and Gabon. It also recalls that out of the 9,235,018 Burkina Faso nationals having emigrated abroad, 3,427,856 are employed in Côte d’Ivoire, 3 million in Ghana and 1 million in Mali. The Committee notes the Government’s reply that Burkina Faso is not bound by any bilateral agreements or arrangements on social security with Ghana or Gabon, and that it is still awaiting a response from these countries with regard to proposed draft agreements submitted to them. The Committee asks the Government to continue to provide information on the application of the Multilateral Convention on Social Security to Burkina Faso, and on any progress made in the conclusion of bilateral agreements with Ghana on matters covered by the Convention. The Committee encourages the Government to continue to provide statistical data disaggregated by sex and nationality, if possible, on migration flows to and from the country.

Article 6. Equality of treatment. The Committee notes the adoption of Act No. 028-2008/AN of 3 May 2008 issuing the Labour Code. It notes that, like the former Labour Code of 2004, section 4 of the new Code prohibits any discrimination in employment or occupation and contains a definition of direct discrimination and indirect discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin and covers migrant workers. The Committee recalls that Act No. 015-2006 of 11 May 2006 concerning the social security regime covers all workers covered by the provisions of the Labour Code, without distinction of race, nationality, sex and origin, who are primarily employed by one or more employers irrespective of the nature, type, or legality of the contract and amount of remuneration. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the abovementioned legislative provisions as well as on any violations detected by the labour inspection regarding the respect of provisions related to the Convention.

The Committee further notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 2, 4 and 7. Services and assistance. The Committee notes with interest the adoption of Presidential Decree No. 2007-308/PRES/PM/MAECR of 24 May 2007 establishing a High Council of Burkina Faso Nationals Abroad. It notes that the Council has advisory powers and is charged, among others things, with ensuring the full participation of nationals abroad in the development of Burkina Faso; to facilitate their reinsertion in national life, to improve knowledge and respect of conventions, laws and regulations of the host country, and to take measures to improve the living conditions of Burkina Faso nationals abroad. The Committee refers the Government to the non-binding guidelines of principles 4 and 12 of the ILO Multilateral Framework on Labour Migration, which provide further guidance on the effective management of labour migration and measures of assistance to migrant workers. The Committee asks the Government to provide information on the activities undertaken by the Council to provide services to Burkina Faso migrants and facilitate their departure, journey and arrival in the host country.

Services and assistance to Burkina Faso returnees. The Committee notes the report of the Special Rapporteur on the Rights of Migrants regarding her visit to Burkina Faso in February 2005 (E/CN.4/2006/73/Add.2), which highlights the difficulties encountered by Burkina Faso nationals who have returned on a large scale since 2003 due to the crisis in Côte d’Ivoire. According to the report, 49 per cent of the returnees lost their belongings and papers, which raises serious problems with regard to employment and social security. Many of the returnees, especially women and children, are deprived of certain benefits and entitlements in terms of employment, social security, health, housing, food and education. The Committee notes that while the Government recognizes the difficulties encountered by the returnees and has taken some steps to address their situation, their socio-economic resettlement and vulnerable situation in Côte d’Ivoire remains problematic. The bilateral agreement of 1961 on recruitment and employment between Burkina Faso and Côte d’Ivoire is not being applied and the consular protection in Côte d’Ivoire is inadequate to deal with so many nationals, especially in the current situation. The Committee recalls Paragraphs 5(2) and 20 of the Migration for Employment Recommendation (Revised), 1949 (No. 86), underlining the importance of advising migrants and their families on matters relating to return, and providing further guarantees for returnees with respect to the granting of poor relief and unemployment relief, and for promoting re-employment of the unemployed. The Committee also refers the Government to the non-binding guidelines of the ILO Multilateral Framework on Labour Migration (2005) which call upon States to facilitate migrants’ return by providing information, training and assistance prior to their departure and on arrival in their home country concerning the return process, the journey and their reintegration (Guideline 2.2); to establish effective consular services in countries of destination (Guideline 12.8); and to consider establishing a welfare fund to assist migrant workers and their families, for example in the case of illness, injury, repatriation, abuse or death (Guideline 12.10). The Committee hopes that the Government, including through the newly established High Council on Burkina Faso Nationals Abroad, will make every effort to address the socio-economic reintegration of the returnees, especially women and children, and take effective action to ensure they enjoy adequate assistance relating to their repatriation, poor and unemployment relief, re-employment and social security. The Committee asks the Government to include information in this regard in its next report.

Article 8. Maintenance of residency right in the event of incapacity to work. The Committee notes the Government’s affirmation that migrant workers shall not be returned for reason of illness or injury. The Government also states that as Burkina Faso does not presently require residence or work permits, a migrant worker who has lost his or her capacity to work benefits from the same residency rights as nationals. The Committee asks the Government to indicate the relevant legal provisions guaranteeing the right to residence of migrant workers admitted on a permanent basis in the event of incapacity for work, and to confirm whether migrant workers maintain their right to reside in the country when the migrant worker or his or her family is considered to represent a burden on public funds.