Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Burkina Faso

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Burkina Faso’s overall score is 72 out of 100. The overall score for Burkina Faso is greater than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Burkina Faso ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1962.

Labour Rights Index 2024

72/100

LRI Country Score

50/100

Freedom of Association Indicator

9.81 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

0.69

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§21, Constitution of Burkina Faso, 1991; §71, 275- 280 & 283, Labour Act, 2008

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§141, Constitution of Burkina Faso, 1991; §107- 117, 125 and 405-409, Labour Act, 2008

Does the law provide for the right to strike?

No

0

§384 Labour Act, 2008;CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 Burkina Faso Profile

A,B,C

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§386 Labour Act, 2008; CEACR, C87, Obs. 2023

B

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §21, Constitution of Burkina Faso, 1991; §71, 275- 280 & 283, Labour Act, 2008

Information

Source: §141, Constitution of Burkina Faso, 1991; §107- 117, 125 and 405-409, Labour Act, 2008

Information

Source: §384 Labour Act, 2008;CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 Burkina Faso Profile

A : National Law

National Labour Legislation

"Article 384: In order to ensure a minimum service, the competent administrative authority may, at any time, requisition workers from private companies and public services and establishments who occupy jobs essential to the safety of people and property, the maintenance of public order, the continuity of public service or the satisfaction of the essential needs of the community."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

" the Order of 18 December 2009, issued under section 384 of the Labour Code, which lists establishments that may be subject to requisitioning for the purpose of ensuring a minimum service in the event of a strike. The Committee observed that certain of the services contained in the list could not be considered essential services or require the maintenance of a minimum service in the event of a strike, such as mining and quarrying, public and private slaughterhouses, university centres. "

C : ITUC

ITUC Global Rights Index (country legal profile)

"Article 384 of the Labour Code: “The competent administrative authority may at any time requisition workers from private enterprises and public services and establishments who occupy posts essential to the security of persons and property, to the maintenance of public order, to the continuity of public service or to the satisfaction of the essential needs of the community“. Article 6 of Law 45-60: “In order to ensure the continuity of the Administration, the security of persons and property, civil servants and state employees may be required to fill their posts”. Such requisitions are in principle announced “by individual order” and “if the circumstances so require, there may be a collective requisition of civil servants and state employees from one or several State administrations, services, establishments or enterprises.” The decree of December 18, 2009, issued pursuant to Article 384 of the Labor Code, lists the establishments that may be subject to requisitioning in order to ensure minimum service in the event of a strike. Certain services mentioned in the list cannot be considered essential services or require the maintenance of a minimum service in the event of a strike, including mining and quarrying services, public and private slaughterhouse units, and centers for university works."

Information

Source: §386 Labour Act, 2008; CEACR, C87, Obs. 2023

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"In its previous comments, the Committee requested the Government to amend certain legislative and regulatory provisions relating to the right to strike. The Committee notes the Government’s indication that the process of adoption of the Labour Code has been further delayed, owing to the prevailing socio-economic situation in the country, and its reiteration that the process is under way and that the concerns expressed regarding the non-conformity of certain provisions have been taken into account. Under these conditions, the Committee is bound to recall that the Government is expected to take the necessary measures to amend, in particular, the following legislative and regulatory provisions: section 386 of the Labour Code, under the terms of which the exercise of the right to strike shall on no account be accompanied by the occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this regard, the Committee recalled that restrictions on strike pickets and the occupation of the workplace are acceptable only where the action ceases to be peaceful. However, it is necessary in all cases to ensure observance of the freedom of non-strikers to work and the right of management to enter the premises;"