Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Burkina Faso (Ratification: 1960)

Other comments on C087

Observation

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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The Committee takes note of the adoption of Act No. 081-2015/CNT dated 24 November 2015 on General Civil Service Regulations.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities and formulate their programme without interference by the public authorities. Trade union office. The Committee notes that under the terms of section 40(1) of the General Civil Service Regulations, persons responsible for the administration and management of a trade union must be citizens of Burkina Faso or nationals of a foreign State with which agreements have been concluded stipulating reciprocity regarding trade union law. The Committee recalls that the grant to foreigners of the trade union rights prescribed by the Convention may under no circumstances be subject to a reciprocity requirement, and that national legislation should allow foreign workers to hold trade union office, at least after a reasonable period of residence in the host country.

Under the terms of section 40(2) of the General Civil Service Regulations, the members in charge of the administration or the management of a trade union must not have been convicted of criminal charges causing the suspension of voting rights according to current electoral laws. The Committee recalls that conviction of an act which, by its nature, does not call into question the integrity of the person and implies no real risk for the performance of trade union duties should not constitute grounds for exclusion from trade union office.

The Committee requests the Government to take the necessary measures to amend the legislation accordingly.