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Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2 and 5 of the Convention. Effective tripartite consultation. The Committee notes the information provided by the Government of Burkina Faso in reply to its direct request of 2016. In particular, the Committee notes the Government’s indication that the financial and technical assistance requested of the ILO was obtained in 2017. This assistance enabled the members of the Advisory Commission on International Labour Standards (CCNIT) to be trained in the following areas: ILO issues in general and the international labour standards system; tripartite consultations and Convention No. 144; the international labour standards supervisory bodies; and the fundamental labour standards in the specific areas of freedom of association and collective bargaining. This training took place during the first session of the CCNIT, from 28 February to 2 March 2017 in Ouagadougou. The Government emphasizes that the tripartite consultations of the CCNIT have been held on a regular basis in accordance with Decree No. 2015 971/PRES-TRANS/PM/MFPTSS/ MF. The Committee notes with interest the detailed information provided on the recommendations issued by the CCNIT in the course of the meetings held from 2017 to 2019. At its second session, from 13 to 15 November 2017, the CCNIT issued a favourable opinion concerning the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Occupational Safety and Health Convention, 1981 (No. 155), and the Protocol of 2014 to the Forced Labour Convention, 1930. In addition, the Committee notes that the CCNIT recommended that preliminary studies be conducted on men and women domestic workers in order to identify their number and employment conditions, and on the construction sector, with a view to examining and issuing opinions on the Domestic Workers Convention, 2011 (No. 189), and the Safety and Health in Construction Convention, 1988 (No. 167), respectively. At the first session of the CCNIT in 2018, held between 15 and 17 May 2018, the CCNIT also issued favourable opinions on the ratifications of the Safety and Health in Mines Convention, 1995 (No. 176), and the Private Employment Agencies Convention, 1997 (No. 181). Subsequently, at the second session of 2018, held on 26 and 27 November 2018, the CCNIT issued favourable opinions on the ratification of the Collective Bargaining Convention, 1981 (No. 154), and the Labour Relations (Public Service) Convention, 1978 (No. 151). The Government indicates that two sessions were scheduled for 2019. At the first session of 2019, the CCNIT officers supported the abrogation of eight Conventions: the Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8), the Placing of Seamen Convention, 1920 (No. 9), the Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16), the Officers’ Competency Certificates Convention, 1936 (No. 53), the Medical Examination (Seafarers) Convention, 1946 (No. 73), the Certification of Able Seamen Convention, 1946 (No. 74), the Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91), and the Continuity of Employment (Seafarers) Convention, 1976 (No. 145). Furthermore, the officers issued a favourable opinion on the withdrawal of nine Conventions and eleven Recommendations: the Minimum Age (Sea) Convention, 1920 (No. 7), the Holidays with Pay (Sea) Convention, 1936 (No. 54), the Hours of Work and Manning (Sea) Convention, 1936 (No. 57), the Paid Vacations (Seafarers) Convention, 1946 (No. 72), the Wages, Hours of Work and Manning (Sea) Convention, 1946 (No. 76), the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949 (No. 93), the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 (No. 109), the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), the Repatriation (Ship Masters and Apprentices) Recommendation, 1926 (No. 27), the Prevention of Industrial Accidents Recommendation, 1929 (No. 31), the Hours of Work and Manning (Sea) Recommendation, 1936 (No. 49), Seafarers’ Engagement (Foreign Vessels) Recommendation, 1958 (No. 107), the Vocational Training (Seafarers) Recommendation, 1970 (No. 137), the Employment of Seafarers (Technical Developments) Recommendation, 1970 (No. 139), the Protection of Young Seafarers Recommendation, 1976 (No. 153), the Continuity of Employment (Seafarers) Recommendation, 1976 (No. 154), the Repatriation of Seafarers Recommendation, 1987 (No. 174), the Recruitment and Placement of Seafarers Recommendation, 1996 (No. 186), and the Seafarers’ Wages, Hours of Work and the Manning of Ships Recommendation, 1996 (No. 187). The Committee requests the Government to keep it informed of the follow-up to the various opinions issued by the CCNIT. It also invites the Government to, in its next report, continue providing information on the tripartite consultations, and the outcomes thereof, held in the CCNIT on issues relating to the international labour standards covered by Article 5(1)(a)–(e) of the Convention.

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. In reply to the Committee’s previous comments, the Government refers in its report to Order No. 2016-028/MFPTPS/SG/DGT/DRNIT of 8 July 2016 appointing the members of the Advisory Commission on International Labour Standards (CCNIT), issued in accordance with Decree No. 2015-971/PRESTRANS/PM/MFPTSSS/MEF of 10 August 2015 establishing the CCNIT. The Government indicates that the CCNIT has not yet held a meeting. The Committee also notes that the Government has requested the technical assistance of the ILO for the purposes of training CCNIT members. The Committee hopes that the technical assistance requested by the Government will be provided in the near future. The Committee requests the Government to provide in its next report information on the content and outcome of the tripartite consultations held in the CCNIT on matters relating to international labour standards set out in Article 5(1)(a)–(e) of the Convention.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the National Confederation of Workers of Burkina (CNTB), received on 25 August 2015, the Government’s report and its reply to the CNTB’s observation received on 4 November 2015.
Article 5 of the Convention. Effective tripartite consultations. The Committee notes with interest the adoption of Decree No. 2015-971/ PRESTRANS/PM/MFPTSSS/MEF of 10 August 2015 on the establishment, composition, functions, organization and operation of the Advisory Commission on International Labour Standards (CCNIT) with a view to the application of the provisions of the Convention. In its reply to the CNTB’s observations, the Government specifies that a decree on the nomination of CCNIT members is being drafted. The Committee welcomes the progress made by the Government in the implementation of the Convention and hopes that the next report will contain detailed information on the content and outcome of the tripartite consultations held on each of the matters relating to international labour standards covered by the Convention.

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

Article 5 of the Convention. Effective tripartite consultations. In reply to the 2012 direct request, the Government indicates in the report received in December 2013 that the establishment of the national consultation framework on international standards is proceeding. The Committee notes that texts have been drawn up by the Ministry of Labour and that the social partners and competent bodies validated these texts during a workshop held in February 2013. The Government indicates that a tripartite national advisory committee on international labour standards will start its work in practice following the adoption by the Council of Ministers of the various texts governing its operation. The Committee recalls that the consultations required by the Convention can be undertaken without being governed by any specific provision of domestic law. The Convention can also be given effect through measures adopted in accordance with customary law or practice as well as through the enactment of laws and regulations (see Part I of the report form and paragraphs 48–51 of the 2000 General Survey on tripartite consultation). The Committee invites the Government to provide a report containing detailed information enabling the Committee to confirm that, as required by Article 5(1) of the Convention, effective tripartite consultations on international labour standards are held in practice. It hopes that the Government will be in a position to provide updated and detailed information on the content and outcome of the tripartite consultations held in 2014 and 2015 on each of the matters set out in Article 5(1). The Committee recalls the requirement under the Convention that consultations shall be held at appropriate intervals fixed by agreement, but at least once a year (Article 5(2)).
[The Government is asked to reply in detail to the present comments in 2015.]

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

Effective tripartite consultations. Administrative support. The Committee notes the Government’s report received in August 2012. The Government refers to a plan to establish a national consultation framework on international standards. This framework will be responsible for issuing reasoned opinions on any matter relating to international labour standards. Its opinions will be required in the matters set out in Article 5(1) of the Convention. The Government adds that administrative support for the procedures required by the Convention, and the financing of any necessary training for the members of the national consultation framework on international standards will be provided through the state budget so that they can discharge the functions assigned to them effectively (Article 4(1) of the Convention). The Committee invites the Government to provide information in its next report on the progress achieved in the establishment of procedures for the holding of effective tripartite consultations on international labour standards (Article 2 of the Convention). It is also invites the Government to provide information on all the matters covered by Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2010 direct request, which read as follows:
Repetition
Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee recalls its observation of 2009 concerning submission to the National Assembly and the ratification of Conventions. It recalls that the ratification of Conventions Nos 122, 142 and 184 had been registered on 28 October 2009. In a report received in March 2010, the Government indicates that it sent correspondence to the social partners on the Conventions that it planned to ratify. It also indicates that it called for the comments from the social partners on the items on the agenda of the 99th Session of the Conference. The Committee hopes that the Government will continue to report progress in the implementation of procedures for effective tripartite consultations on international labour standards and specify the nature of any response from representatives of workers and employers to the correspondence transmitted by the Government. It invites the Government to provide information regularly on all the matters covered by Article 5(1) of the Convention.
Article 4. Administrative support and financing of training. The Government indicates that the budgetary constraints inherent in the project for the establishment of the Tripartite Committee on International Labour Standards are being overcome. The Committee once again invites the Government to provide information in its next report on the progress achieved in relation to administrative support for the procedures required by the Convention, as well as the arrangements made for the financing of any necessary training for the participants in consultative procedures.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee recalls its observation of 2009 concerning submission to the National Assembly and the ratification of Conventions. It recalls that the ratification of Conventions Nos 122, 142 and 184 had been registered on 28 October 2009. In a report received in March 2010, the Government indicates that it sent correspondence to the social partners on the Conventions that it planned to ratify. It also indicates that it called for the comments from the social partners on the items on the agenda of the 99th Session of the Conference. The Committee hopes that the Government will continue to report progress in the implementation of procedures for effective tripartite consultations on international labour standards and specify the nature of any response from representatives of workers and employers to the correspondence transmitted by the Government. It invites the Government to provide information regularly on all the matters covered by Article 5(1) of the Convention.

Article 4. Administrative support and financing of training. The Government indicates that the budgetary constraints inherent in the project for the establishment of the Tripartite Committee on International Labour Standards are being overcome. The Committee once again invites the Government to provide information in its next report on the progress achieved in relation to administrative support for the procedures required by the Convention, as well as the arrangements made for the financing of any necessary training for the participants in consultative procedures.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2007 observation, which read as follows:

Articles 2 and 5 of the Convention. Effective tripartite consultations required by the Convention. The Government indicated in its report received in September 2007 that discussions had been under way since 2001 to establish a formal framework for tripartite consultations, and that a series of workshops had been planned to this end but have been unable to be held so far owing to budgetary constraints. The Committee requests the Government to supply information on progress made in the actual establishment of procedures for effective tripartite consultations on international labour standards. It invites the Government to supply detailed information on all the tripartite consultations which occur during the reporting period on each of the matters covered by Article 5(1) of the Convention.

Article 4. Administrative support and financing of training. The Government stated that members of already formalized consultative bodies, such as the Labour Advisory Committee, receive a flat-rate daily allowance of CFA15,000, covered by the state budget. The Committee noted that further details of administrative support and financial arrangements will be provided when the consultation framework is formalized. It requests the Government to continue providing information on the progress made regarding administrative support for tripartite consultation procedures, and also regarding arrangements made for the funding of training needed for participants in consultative procedures.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 2 and 5 of the Convention. Effective tripartite consultations required by the Convention. The Government indicates in its report received in September 2007 that discussions have been under way since 2001 to establish a formal framework for tripartite consultations, and that a series of workshops have been planned to this end but have been unable to be held so far owing to budgetary constraints. The Government states that, while this is pending, the opinions of employers’ and workers’ organizations on all the matters covered by Article 5, paragraph 1, of the Convention are gathered in reply to correspondence issued by the Ministry of Labour. The Government confirms this situation in its report received in November 2007. The Committee recalls the importance of providing precise and up to date information on the content and outcome of any tripartite consultations on international labour standards, so that it can assess how the provisions of the Convention are applied in practice. The Committee requests the Government to supply information on progress made in the actual establishment of procedures for effective tripartite consultations on international labour standards. It also refers to its observation of 2007 on the obligation to submit instruments adopted by the International Labour Conference to the National Assembly (article 19 of the ILO Constitution) and trusts that the Government’s next report will contain detailed information on all the tripartite consultations which occur during the reporting period on each of the matters covered by Article 5, paragraph 1, of the Convention (questionnaires on the Conference agenda, submission of instruments adopted by the Conference to the National Assembly, prospects for ratification, reports to be presented on the application of ratified Conventions and denunciation of Conventions).

2. Article 4. Administrative support and financing of training. The Government states that members of already formalized consultative bodies, such as the Labour Advisory Committee, receive a flat-rate daily allowance of CFA15,000, covered by the state budget. The Committee notes that further details of administrative support and financial arrangements will be provided when the consultation framework is formalized. It requests the Government to continue providing information on the progress made regarding administrative support for tripartite consultation procedures, and also regarding arrangements made for the funding of training needed for participants in consultative procedures.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Consultation mechanisms and tripartite consultation required by the Convention. In response to the Committee’s previous comments, the Government indicates that it is currently setting up mechanisms for consultation on various issues, including those covered by the Convention. The consultations covered by the Convention are currently addressed in an ad hoc manner and are pursued with a view to establishing an appropriate mechanism. The Committee refers to Article 2 of the Convention and invites the Government to indicate in its next report the outcome of consultations held on the establishment of mechanisms to ensure effective tripartite consultation on all the issues concerning international labour standards set forth in Article 5, paragraph 1. The Committee also refers to its observation on the obligation to submit the instruments adopted by the International Labour Conference to the National Assembly (article 19 of the ILO Constitution), and hopes that the Government’s next report will contain relevant information on the prior tripartite consultations held in this respect (Article 5, paragraph 1(b), of the Convention).

2. Financing of training. The Government also indicates that, since the consultation mechanism has not yet been set up, no training has yet been financed. The Committee hopes that, in its next report, the Government will be able to indicate any arrangements made for the financing of any necessary training of participants in consultative procedures (Article 4, paragraph 2).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2004 direct request, which read as follows:

1. The Committee notes the Government’s first report on the application of the Convention. The Government indicates that there are currently no formal consultation procedures with representative organizations on the matters covered by the Convention. As required by Article 2 of the Convention, the Committee asks the Government to indicate the manner in which it intends to hold effective consultations between representatives of the Government, of employers and of workers on all the matters relating to ILO activities set out in Article 5, paragraph  1, of the Convention, with an indication of whether tripartite consultations on the matters covered by the Convention have been held in the Advisory Labour Commission. The Committee hopes that the next report will contain indications on the progress achieved in giving effect to the provisions of the Convention and that the Government will include information on the following matters.

2. Financing of training. Please provide information on the arrangements made for the financing of any necessary training of participants in the consultative procedures (Article 4, paragraph 2).

3. Tripartite consultations required by the Convention. The Committee notes the information provided by the Government relating to the survey of ILO standards-related activities in the field of occupational safety and health. It recalls that, according to the information provided by the Government, the instruments adopted at the 88th and 89th Sessions of the Conference were submitted for a preliminary opinion to the social partners and the other competent bodies. The Government also indicated that a submission report issuing a favourable opinion on the ratification of Conventions Nos. 183 and 184 would be prepared with a view to their submission to the National Assembly. The Committee hopes that in its next report the Government will be in a position to provide firm information on the consultations held on each of the subjects covered by the Convention (Article 5, paragraph 1).

4. Frequency of tripartite consultations. Please also indicate the frequency of consultations and the nature of any reports or recommendations resulting from these consultations (Article 5, paragraph 2).

5. Operation of the consultative procedures. Please provide information on the consultations held with the representative organizations on the working of the procedures provided for in the Convention (Article 6).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s first report on the application of the Convention. The Government indicates that there are currently no formal consultation procedures with representative organizations on the matters covered by the Convention. As required by Article 2 of the Convention, the Committee asks the Government to indicate the manner in which it intends to hold effective consultations between representatives of the Government, of employers and of workers on all the matters relating to ILO activities set out in Article 5, paragraph  1, of the Convention, with an indication of whether tripartite consultations on the matters covered by the Convention have been held in the Advisory Labour Commission. The Committee hopes that the next report will contain indications on the progress achieved in giving effect to the provisions of the Convention and that the Government will include information on the following matters.

2. Financing of training. Please provide information on the arrangements made for the financing of any necessary training of participants in the consultative procedures (Article 4, paragraph 2).

3. Tripartite consultations required by the Convention. The Committee notes the information provided by the Government relating to the survey of ILO standards-related activities in the field of occupational safety and health. It recalls that, according to the information provided by the Government, the instruments adopted at the 88th and 89th Sessions of the Conference were submitted for a preliminary opinion to the social partners and the other competent bodies. The Government also indicated that a submission report issuing a favourable opinion on the ratification of Conventions Nos. 183 and 184 would be prepared with a view to their submission to the National Assembly. The Committee hopes that in its next report the Government will be in a position to provide firm information on the consultations held on each of the subjects covered by the Convention (Article 5, paragraph 1).

4. Frequency of tripartite consultations. Please also indicate the frequency of consultations and the nature of any reports or recommendations resulting from these consultations (Article 5, paragraph 2).

5. Operation of the consultative procedures. Please provide information on the consultations held with the representative organizations on the working of the procedures provided for in the Convention (Article 6).

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