E/CN.4/2006/73/Add.2
page 8
21.
Regarding the application of the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families, the right to participate in public affairs
of their State of origin and to vote and to be elected, in accordance with article 41, is not applied
in practice.
22.
Burkina Faso has also ratified the conventions of the International Labour Organization
on the rights of migrants and child labour, including the Migration for Employment Convention
(No. 97), the Migrant Workers (Supplementary Provisions) Convention (concerning migrations
in abusive conditions and the promotion of equality of opportunity and treatment of migrant
workers) (No. 143), the Minimum Age Convention (admission to employment) (No. 138) and
the Worst Forms of Child Labour Convention (No. 182).
2. National and bilateral framework: agreements with Côte d’Ivoire
23.
The 1991 Constitution of Burkina Faso guarantees the protection of the rights and
liberties of all workers living on Burkina Faso territory, including both nationals and foreigners.
24.
Regarding the rights of Burkina Faso workers in Côte d’Ivoire, in 1961 the two countries
signed the Agreement on the recruitment and employment of Burkina Faso workers in
Côte d’Ivoire. This agreement sets out mechanisms for the control and protection of working
conditions in Burkina Faso and Côte d’Ivoire. Unfortunately the Agreement is not applied by
the two countries, whence the difficulties outlined above.4
25.
In Côte d’Ivoire there are only three offices which represent Burkina Faso. This is
clearly not sufficient to protect the rights of so many nationals, especially in view of the crisis
prevailing in Côte d’Ivoire and the threats to which Burkina Faso nationals are exposed in that
country.
B. Regional integration
26.
Under the aegis of regional organizations, several agreements on the free movement of
persons in West Africa have been signed since the early 1960s. All these agreements allow the
citizens of the signatory countries the right to move, to reside and to settle, regardless of the
reasons for their movement.
27.
These agreements include the 1961 Agreement of the African and Malagasy Union
(UAM), which subsequently became the Common African and Mauritanian Organization
(OCAM), on the status of persons and conditions of establishment, the 1978 Agreement on the
free movement of persons between member States of the Economic Community of West African
States (ECOWAS) and the 1979 ECOWAS Protocol relating to free movement of persons,
residence and establishment.
28.
The 1979 Protocol set out stages leading to total free movement of persons and allowed a
period of 15 years for the gradual introduction in practice of the rights of entry, residence and
establishment of ECOWAS citizens. In fact only stage one of the Protocol was ever completed,