They may be officially approved.” This freedom is enjoyed without distinction by all natural
persons and legal entities, be they Burkinabe or foreigners, and subject to the rules governing
same. However, it should be noted that this law is being reviewed to take account of the
concerns expressed by civil society organizations and the requirements of international
conventions.
135. The legal framework is very conducive to the establishment of associations in Burkina
Faso. Associations can freely meet, demonstrate and organize activities in Burkina Faso. This
freedom enabled civil society to play a positive role in the nurturing of democracy and to
contribute to the entrenchment of the values of pluralism. In Burkina Faso, many associations
are working freely towards the defence of human rights. According to a country-wide survey
conducted by the Ministry of Local Government, Decentralization and Security (MATDS)
from 4 January to 31 May, 2012, the number of active associations with registration receipts
stood at 9,727.
136. Trade union rights are also recognized. The Constitution guarantees the right to strike
(Article 21 of the Constitution). The Labour Code provides that: “duly constituted trade
associations may freely meet to consider and defend their professional interests. They may
form unions at the local and national levels” (Article 299). The trade union movement has
made an impact on the history of Burkina Faso. From the 1960s to the 1980s, trade unions
played an important role in social and political life insofar as some of their demands led to
considerable changes – political and social. Furthermore, there is a multiplicity of trade
unions. There are seven (7) groups of affiliated unions and more than fifteen autonomous
unions. Unions mobilize and demonstrate freely in Burkina Faso. It goes without saying that
the enjoyment of the right to form associations requires compliance with the prevailing laws
and regulations.
I. Freedom of Movement, Right to Asylum and Prohibition of Collective Expulsion
137. The free movement of goods and persons is a major concern for Burkina Faso. Article 9
of the Constitution establishes the right to move both within and without the borders as
follows: “The free movement of persons and goods, the free election of residence as well as
the right to asylum shall be guaranteed within the framework of the prevailing laws and
regulations.”. The freedom of movement is strengthened by the convention of the Economic
Community of West African States (ECOWAS) to which Burkina Faso is party. Indeed,
ECOWAS, which has been in existence since 1975, guarantees the free movement of persons
and goods as well as the freedom of establishment. In practice, it is observed that the
enjoyment of these rights presents some difficulties in certain member countries. In spite of
these difficulties, particularly the requirement of a residence permit (even for nationals of the
other member countries), ECOWAS is a legal framework which has ensured the realization
or effective enjoyment of the freedom of movement, establishment and election of domicile
in member countries, particularly within and near the borders of Burkina Faso. An ECOWAS
identity card has even been introduced and achieved considerable success (in Burkina Faso),
particularly with regard to nationals of the Community who are involved in trading or
economic activities.
138. The Ministry of Foreign Affairs and Regional Cooperation has organized a series of
sensitization and information workshops on the free movement of persons and goods, the
right of establishment and residence within ECOWAS and on the projects and programmes
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