B. The Right to Work
a) Prohibition of slavery, forced labour and economic exploitation of children and other
members of vulnerable or disadvantaged groups
152. Concerning the fight against child trafficking, there are 23 operational transit centres in
the different regions and provinces. Additionally, from 2009 to 2011, 2616 child trafficking
victims received care and assistance. From 2008 to 2011, 480 children were rehabilitated. They
received support for reintegration into such areas as sewing, masonry, literacy, hairdressing, tieand-dye including a return to school. Thirty (30) children were provided with installation kits
and educational initiatives in open environments. Fifty (50) children were put into apprenticeship
to learn trades and 140 families were trained and provided with support for income-generating
activities.
153. International abduction of children is also a known phenomenon in Burkina Faso.
According to the 2012 annual statistical yearbook of the Ministry of Justice, the number of
abductions increased from 103 in 2009 to 139 in 2012. In view of the effective management of
these cases, on 12 October 2010, the Government established a central authority responsible for
issues of adoption and civil aspects of international abduction of children. The National Council
for the Monitoring, Protection and Responsibilities of the Child (CNSPDE) which has now
become the National Council for Children (CNE) also carries out awareness-raising campaigns
in risk areas and organizes training sessions for social workers and officials responsible for the
implementation of laws.
b) Right to freedom of association
154. Freedom of association is guaranteed by Article 21 of the Constitution of Burkina Faso.
The conditions for exercising this freedom are determined by Law No. 10-92/ADP of 15
December, 1992 on freedom of association, Law No. 013-1998/AN of 28 April 1998 on the legal
regime applicable to employment and employees in the Civil Service, Law No. 028-2008/AN of
13 May 2008 on the labour code of Burkina Faso. Article 27 of Law No. 10-92 stipulates that
“trade unions shall be established freely and without any prior authorization. Such a union shall
be established by means of a press statement containing the identity of three (3) principal
leaders. The legal existence of a trade union is subject to prior declaration at the Ministry of
Public Freedoms and to compliance with the provisions of the labour code or any other legal
text in lieu of or in reference thereof”. The obligation for the declaration falls on the leaders of
the union.
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Collective Bargaining Mechanisms
155. A collective bargaining mechanism is available in Burkina Faso. These negotiations are
generally held within the framework of the development of collective agreements and
establishment Agreements and of the Labour Advisory Commission. Furthermore, there is a
negotiation framework between the government and the unions. The Labour Advisory
Commission has been created at the Ministry of Labour. It is made up of an equal number of
employers and workers appointed by the employers and workers’ organizations with the highest
representation or by the Ministry of Labour in the event of lack of representative organisations
pursuant to Article 302 (3) of the Labour Code. The Labour Advisory Commission may be
consulted on all labour-related issues, on the labour force and social security in addition to cases
where its opinion is automatically required.
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