United Nations

CMW/C/BFA/CO/2

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

Distr.: General

19 May 2022

English

Original: French

Committee on the Protection of the Rights of All

Migrant Workers and Members of Their Families

Concluding observations on the second periodic report of Burkina Faso*

1.The Committee considered the second periodic report of Burkina Faso at its 478th and 479th meetings, held on 30 and 31 March 2022. At its 492nd meeting, held on 8 April 2022, it adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the submission of the second periodic report of the State party, which was prepared in response to the list of issues prior to reporting. It also welcomes the additional information provided during the dialogue by the delegation, led by the Minister of Justice and Human Rights responsible for institutional relations, Barthélémy Kéré.

3.The Committee appreciates the dialogue held with the high-level delegation, the information provided by the State party’s representatives and the constructive approach to the meetings, which allowed for joint analysis and reflection. The Committee is also grateful to the State party for its replies and the additional information it submitted within 24 hours of the dialogue.

4.The Committee acknowledges that Burkina Faso, as a country of origin of migrant workers, has made progress in protecting the rights of its nationals working abroad. However, it notes that, as a country of origin, transit and destination, the State party is facing a number of challenges in relation to the protection of the rights of migrant workers and members of their families.

B.Positive aspects

5.The Committee notes with appreciation the State party’s ratification of or accession to the following international treaties:

(a)The International Labour Organization (ILO) Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), in July 2016;

(b)The cooperation agreement between Nigeria and Burkina Faso on the prevention and punishment of trafficking in persons, especially women and children, on 12 December 2021;

(c)The tripartite cooperation agreement on the protection of child victims of trafficking and of children in situations of cross-border mobility with Benin and Togo, in December 2019;

(d)The cooperation agreement with the Government of Côte d’Ivoire on the protection of children in situations of cross-border mobility, on 31 July 2019.

6.The Committee welcomes the adoption of the following legislative measures:

(a)Decree No. 2022-0065/PRES/PM/MAECBE/MEFP on the powers, composition, structure and operation of the National Commission for Refugees, on 21 January 2022;

(b)The law establishing a regime applicable to all salaried workers and persons treated as such, in which the principle of non-discrimination on the basis of nationality is reiterated, in 2021;

(c)Act No. 001-2016/AN on the establishment of the National Human Rights Commission, which broadens the Commission’s remit in respect of the promotion, protection and defence of human rights and the handling of complaints, adopted on 24 March 2016, followed by the adoption of Decree No. 2017-0209/PRES/PM/MJDHPC/MINEFID on the structure and operation of the Commission, on 9 March 2017;

(d)Decree No. 2016-504/PRES/PM/MFPTPS/MS/MFSNF establishing the list of hazardous occupations prohibited to children, on 9 June 2016.

7.The Committee also welcomes the adoption of the following institutional and policy measures:

(a)The National Migration Strategy 2014–2025, which provides a reference policy framework and offers protection to migrants and guarantees their rights, on 8 February 2017, and the related action plan for the period 2019–2023, on 27 November 2020;

(b)The national referral mechanism for vulnerable migrants in Burkina Faso, through which they are provided with protection and assistance, in October 2019;

(c)The creation of the Ministry for African Integration and Nationals of Burkina Faso Abroad, which deals with all issues related to the protection and promotion of the interests of Burkina Faso nationals abroad, in January 2018.

C.Factors and difficulties impeding the implementation of the Convention

8.The Committee recognizes the complexity of the current political crisis in the State party and the serious human rights violations occasioned by it, particularly those committed by various armed terrorist groups. It also recognizes the continuing threat posed by climate disruption, which may affect the country’s survival, and the impact of this threat on the implementation of relevant laws, policies and programmes for migrant workers and their families. The Committee acknowledges the political instability, the precarious security situation and the financial, human and capacity constraints that the State party is facing. However, it wishes to remind the State party that the rights set forth in the Convention apply at all times and that it is the State party’s primary responsibility to take all the measures necessary to guarantee and ensure respect for them, regardless of any political unrest.

D.Principal subjects of concern and recommendations

1.General measures of implementation (arts. 73 and 84)

Current context

9. The Committee recommends that the State party protect the rights of migrants and members of their families, in particular their right to health, and that it mitigate, within the framework of international cooperation, the adverse effects of the coronavirus disease (COVID-19) pandemic in the light of the joint guidance note on the impacts of the COVID-19 pandemic on the human rights of migrants, issued by the Committee and the Special Rapporteur on the human rights of migrants. In particular, the Committee recommends that the State party guarantee equitable access to vaccination against COVID-19 to all migrants and members of their families, irrespective of their nationality, migration status or other prohibited grounds for discrimination, in accordance with the recommendations issued by this Committee and other regional human rights protection mechanisms in the aforementioned joint guidance note.

Legislation and application

10.The Committee takes note of the fact that, in 2020, a bill was drafted and that, in 2021, a committee was established to review Order No. 84-49 of 4 August 1984 on the right to enter and leave the national territory. However, it notes with concern that the new bill has not yet been submitted to the Council of Ministers.

11. The Committee recommends that, as a matter of urgency, the State party focus its efforts on drafting a law on migration that is consistent with the Convention and other relevant international instruments.

Articles 76–77

12.The Committee welcomes the statement made by the delegation during the dialogue to the effect that, during a national consultation workshop, it had been recommended that the State party make the declarations provided for under articles 76 and 77 of the Convention recognizing the Committee’s competence to receive communications from States parties and individuals. It notes, however, that the State party has not yet made these declarations.

13. The Committee reiterates the recommendation made in its previous concluding observations and encourages the State party to make the declarations provided for under articles 76 and 77 of the Convention.

Ratification of relevant instruments

14. The Committee reiterates its recommendation that the State party ratify, as soon as possible, the ILO Domestic Workers Convention, 2011 (No. 189).

Comprehensive policy and strategy

15.The Committee welcomes the adoption of the National Migration Strategy 2014–2025 and the related action plans for the periods 2016–2018 and 2019–2023, and the creation, in 2018, of the Ministry for African Integration and Nationals of Burkina Faso Abroad. However, it finds it regrettable that the General Commission for Migration, the entity responsible for monitoring and evaluating the implementation of national migration policy, has still not been established. It is also concerned about the multitude of entities working in the area of migration and about how they coordinate with one another.

16. The Committee encourages the State party to establish an independent evaluation mechanism to measure the impact of its policy on migration, to inform it of the results obtained in its next periodic report and to ensure effective coordination of all actors. It also invites the State party to increase the visibility of the Ministry for African Integration and Nationals of Burkina Faso Abroad in all host countries and, in particular, among its diaspora. The Committee notes that there are several entities concerned with migration and recommends the establishment of a mechanism to coordinate their work.

Data collection

17.The Committee welcomes the statement made by the delegation during the dialogue to the effect that the State party is planning to establish a national migration observatory. It is, however, concerned about the lack of disaggregated data and statistics, including on conditions of employment of migrant workers and on migrants in an irregular situation in general, as this information could help inform migration policy measures in the State party.

18. Recalling its previous concluding observations, the Committee recommends that the State party, as part of its National Migration Strategy, create a centralized database that includes statistics disaggregated by sex, age and origin, with the aim of gaining a better understanding of the migration context and the situation of migrant workers in the country, including those in irregular situations, achieving the effective implementation of its migration policy and monitoring the implementation of the Convention.

Independent monitoring

19.The Committee notes with interest the adoption, on 24 March 2016, of Act No. 001-2016/AN on the establishment of the National Human Rights Commission, which broadens the Commission’s remit, and the information provided by the delegation during the dialogue to the effect that steps are being taken to have it accredited by the Global Alliance of National Human Rights Institutions. However, it is concerned about the lack of information on awareness-raising activities carried out to inform migrant workers of the services offered by this institution, on the number of complaints received from migrant workers and on how such complaints have been dealt with.

20. The Committee recommends that the State party allow the National Human Rights Commission to carry out its mandate in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), that it ensure that information on this institution is disseminated among migrant workers and that it provide, in its next periodic report, information on the number of complaints received from migrant workers and on how such complaints have been dealt with.

Training on and dissemination of information about the Convention

21.The Committee notes with interest the efforts made by the State party in terms of training and raising awareness of migrant rights described in its second periodic report, in particular the training of trainers on the protection of vulnerable migrants. It notes, however, that such training is not systematically offered to all public officials dealing with migrant workers.

22. The Committee recommends that the State party ensure that such training is systematically provided to all public officials and personnel dealing with migration issues, in particular law enforcement officials, border guards, judges, prosecutors, consular officials, members of parliament, public officials at the national, regional and local levels, immigration officers, labour inspectors, social workers and members of civil society organizations.

Participation of civil society

23.The Committee is concerned about the limited participation of civil society in the implementation of the Convention.

24. The Committee recommends that the State party:

(a) Provide civil society organizations working with migrant workers and members of their families with the tools and means necessary to effectively participate in the implementation of the Convention and in follow-up to the recommendations contained in the present concluding observations;

(b) Strengthen its dialogue with civil society organizations.

Corruption

25.The Committee is concerned about the scant information available on migrant workers and members of their families who have reportedly been the targets of acts of harassment, corruption and abuse of authority committed by law enforcement officials, or of extortion and arbitrary detention.

26. The Committee recommends that the State party collect information on these phenomena, including on the number and type of complaints received and the sanctions imposed, and that it provide this information in its next periodic report. It also recommends the creation of safe and gender-sensitive mechanisms to protect complainants from reprisals.

2.General principles (arts. 7 and 83)

Non-discrimination

27.The Committee notes that the principle of equality and non-discrimination is enshrined in the Constitution, and that the Labour Code prohibits discrimination in employment and occupation and accords the same protection to workers in regular and irregular situations. However, it finds it regrettable that it has not received information on actual practice and examples that would make it possible to assess the degree of realization of the right to non-discrimination enshrined in the Convention with respect to all migrant workers, regardless of their migration status.

28. The Committee recommends that the State party provide, in its next periodic report, information on the number of complaints received and processed and on measures taken to implement its legislative framework on non-discrimination as regards the rights of migrant workers and members of their families, irrespective of their status.

Right to an effective remedy

29.The Committee notes that migrant workers and members of their families, including those in an irregular situation, have the right to lodge complaints about violations of their rights, and have access to courts of law and to the National Human Rights Commission. It is, however, concerned about the lack of disaggregated data on complaints made to labour inspectors by migrant workers, including those in an irregular situation, and about the lack of information on cases or proceedings brought by migrant workers or members of their families for violations of the rights recognized by the Convention.

30. The Committee recommends that the State party disaggregate the data collected by labour inspectors so that due account may be taken of the data relating to migrant workers, and that it take steps to inform migrant workers and members of their families of the remedies available to them in case of violation of their rights under the Convention. It also invites the State party to provide, in its next periodic report, information on the application of the Convention and the Committee ’ s general comments by domestic courts and the National Human Rights Commission.

3.Human rights of all migrant workers and members of their families (arts. 8–35)

Labour exploitation and other forms of ill-treatment

31.The Committee takes note of the legal framework to prevent and combat all forms of exploitation and abuse of migrant workers, as well as forced labour, but is concerned about the lack of information on these phenomena.

32. The Committee recommends that the State party collect information on the different types of exploitation of migrant workers and members of their families, regardless of their migration status, particularly in the agriculture, mining, domestic work and tourism sectors. It also invites the State party to include this information in its next periodic report.

33.The Committee notes the efforts made by the State party to prevent and combat child labour, and the initiatives to identify, assist and reintegrate street children. It notes, in particular, the signing of cooperation agreements on the protection of child victims of trafficking and of children in situations of cross-border mobility with Benin, Togo, Côte d’Ivoire and Nigeria. Nevertheless, the Committee remains concerned about the persistence of the phenomenon of migrant child labour, including the worst forms of child labour.

34. The Committee recommends that the State party, in line with target 16.2 of the Sustainable Development Goals:

(a) Increase the frequency of labour inspections and prosecute, punish and sanction persons or groups who exploit child migrants or who subject them to forced labour and abuse, especially in the informal economy;

(b) Develop a national strategy and a programme of action for the elimination of the worst forms of child labour among migrant children;

(c) Continue its efforts to assist, protect and rehabilitate migrant children who have been subjected to labour exploitation.

Due process, detention and equality before the courts

35.The Committee takes note of the statement made by the State party to the effect that it does not impose detention for immigration offences, that there are no places where migrants are detained and that no orders to return or expel migrants or asylum-seekers have been issued by the authorities. It also notes that the principle of non-refoulement is reaffirmed in national law by Act No. 042-2008/AN of 23 October 2008, the Refugees Act, and that the State party is working to maintain the asylum space. The Committee further notes that no expulsion or deportation order issued against an asylum-seeker may be carried out before the National Commission for Refugees has ruled on his or her case, and that, in any event, no expulsion or deportation order may have the effect of forcing an asylum-seeker to return to or remain in a country where his or her freedom would be under threat. It is concerned, however, that the National Commission for Refugees did not carry out follow-up border surveillance activities in 2021.

36. The Committee recommends that the State party intensify its efforts, through the National Commission for Refugees, to ensure that follow-up border surveillance activities take place.

Consular assistance

37.The Committee notes that the diplomatic and consular representations of Burkina Faso are obliged to provide consular assistance to nationals of Burkina Faso abroad, and that the Code of Criminal Procedure requires judicial authorities, when they place a foreign national under arrest, to inform the diplomatic or consular representation of his or her country of origin. It notes with interest the information contained in the State party’s second periodic report regarding the frequent consular missions that take place to countries receiving workers from Burkina Faso for the purpose of informing them of their rights under the Convention.

38. The Committee recommends that the State party continue to strengthen the capacity of its consulates and embassies to provide advisory, assistance and protection services to workers from Burkina Faso and members of their families living abroad.

Remuneration and conditions of work

39.The Committee takes note of the fact that the Labour Code, which prohibits discrimination in employment and protects migrant workers, applies not only to workers in the formal sector but also to those in the informal sector. It notes that the responsibilities and powers of labour inspectors also apply in the informal sector, but that labour inspectors enjoy no special status in keeping with the ILO Labour Inspection Convention, 1947 (No. 81) to guarantee their independence. It is also concerned that informal employment remains widespread in the mining, agricultural and domestic work sectors.

40. The Committee recommends that the State party:

(a) Ensure the strict application of the Labour Code through regular and unannounced inspections in sectors where migrant workers are employed, whether formal or informal, and that it ensure that migrant workers themselves are consulted during these inspections and that these consultations remain confidential;

(b) Strengthen the capacity of labour inspection services to effectively monitor the working conditions of migrant workers in formal and informal mines and in the agricultural and domestic work sectors, and to receive, investigate and address complaints of alleged violations in that regard;

(c) Grant labour inspectors the status and conditions of service necessary to ensure that they remain unaffected by changes of government and by any undue external influence, in accordance with the ILO Labour Inspection Convention, 1947 (No. 81), ratified by the State party on 21 May 1974.

Social security

41.The Committee takes note of the cooperation agreements signed with Côte d’Ivoire on 25 April 2017, and Togo on 8 October 2019, on labour and social security, as well as the payment agreements concluded between the National Social Security Fund of Burkina Faso and that of Gabon on 5 February 2019. While noting that the State party has signed bilateral social security agreements with several border countries to facilitate the transfer of pensions, the Committee notes with concern the lack of information on the ability of migrants from countries with which there are no agreements to transfer their pension benefits.

42. The Committee recommends that the State party ensure that migrant workers who have contributed to the social security system are able to transfer their pension benefits to the country of their choice, and that it include information on that subject in its next periodic report.

Medical care

43.The Committee notes that no distinction is made between national and migrant workers with regard to access to health care in general and to emergency care in particular. However, it is concerned about the lack of information on access to health care for migrant workers and members of their families who are in an irregular situation.

44. The Committee recommends that the State party ensure that all migrant workers and members of their families, including those in an irregular situation, have access to the health-care system, and that it provide information in this regard in its next periodic report.

Birth registration and nationality

45.The Committee notes with satisfaction that civil registry services have been brought closer to the population through the creation of 967 secondary civil registry offices since 2019. It also notes that children born in the State party are registered regardless of their parents’ status. The Committee, however, regrets the lack of specific information on measures taken to ensure the right to Burkina Faso nationality for children born abroad to migrant workers, as well as on the prevention of statelessness. It further notes the lack of a clear procedure for determining the statelessness of migrant workers, despite the Convention relating to the Status of Stateless Persons recommending the adoption of such a procedure.

46. The Committee recommends that the State party:

(a) Ensure that all children born abroad to migrant workers from Burkina Faso are registered at birth and are issued with identity documents by consular services, and that birth registration is made easy and free of charge everywhere and under all circumstances, in accordance with target 16.9 of the Sustainable Development Goals;

(b) Raise awareness of the importance of birth registration among migrant workers and members of their families, especially those in an irregular situation;

(c) Set up clear statelessness determination procedures and ease access to citizenship, given the critical role that nationality plays in the treatment of all persons, especially migrant workers.

Education

47.The Committee notes with concern the low school enrolment rate among children of migrant workers, in particular those in an irregular situation.

48. In line with joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 and No. 23 (2017) of the Committee on the Rights of the Child, and in accordance with target 4.1 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Ensure that all children of migrant workers, irrespective of their status, enjoy access to preschool, primary and secondary education on an equal footing with nationals of the State party in compliance with article 30 of the Convention;

(b) Include, in its next periodic report, comprehensive information on the measures taken to that end, as well as statistics on the enrolment rates of children of migrant workers in an irregular situation.

Right to be informed and dissemination of information

49.The Committee notes that training modules on migration have been developed, a pamphlet on the opportunities offered by regular migration has been produced and awareness-raising sessions have been held at the main migrant departure points. However, it notes the lack of information for nationals of Burkina Faso who intend to go and work abroad.

50. The Committee recommends that the State party set up a “ migration desk ” in the country ’ s major cities to provide nationals of Burkina Faso who intend to go and work abroad with information on the rights of migrant workers under the Convention, conditions of admission and employment, and rights and obligations under the employing State ’ s law.

4.Other rights of migrant workers and members of their families who are documented or in a regular situation (arts. 36–56)

Right to form trade unions

51.The Committee notes with concern that section 281 of the Labour Code provides that the members responsible for leading and managing a trade union must be Burkina Faso nationals or nationals of a State with which reciprocal agreements on trade union rights have been concluded, and that non-national workers are eligible to become trade union leaders after having resided continuously in Burkina Faso for at least five years.

52. The Committee recommends that the State party take all measures necessary, including legislative amendments, to ensure that all migrant workers have the right to form trade unions and to join their executive bodies, with a view to promoting and protecting their economic, social, cultural and other interests, in accordance with article 40 of the Convention and with the ILO Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Right to vote and to be elected in the State of origin

53.The Committee welcomes the amendments made to the Electoral Code in 2015 and 2018, which guarantee the effective enjoyment of the right to vote by Burkina Faso nationals living abroad. It regrets, however, that Burkina Faso nationals living abroad cannot be elected to public office in the State party.

54. The Committee recommends that the State party take measures, including legislative measures, to ensure the full enjoyment of the rights of Burkina Faso migrant workers living abroad, including the right to be elected in the State party, in accordance with the Convention. It also invites the State party to provide, in its next periodic report, information on the level of participation in presidential and legislative elections by Burkina Faso nationals living abroad.

Right to transfer earnings and savings

55.The Committee notes with interest the information provided by the delegation during the dialogue on incentives for diaspora remittances and on the creation of a department responsible for economic advancement and diaspora investments within the Ministry of Foreign Affairs. It finds it regrettable, however, that there is no mechanism in place to encourage investment in the State party’s productive areas and that there are no specific partnerships with financial institutions to facilitate the sending of remittances by expatriate Burkina Faso workers to Burkina Faso and by migrants working in Burkina Faso to their country of origin. In this connection, the Committee takes note of the information provided by the State party on the mechanisms for transferring remittances from the diaspora.

56. The Committee recommends that the State party:

(a) Raise the awareness of migrant diasporas of the need to contribute to the national development process through their investments, and that it develop a specific policy to facilitate the transfer of remittances, create conditions conducive to investment and attract investments to productive areas with a view to improving the country ’ s economic situation;

(b) Swiftly take measures to facilitate the transfer of remittances by migrant workers in Burkina Faso to their countries of origin, with preferential transfer and reception fees, in accordance with target 10.3 of the Sustainable Development Goals, and that it make savings abroad more accessible to migrant workers and members of their families in the State party.

5.Promotion of sound, equitable, humane and lawful conditions in connection with the international migration of workers and members of their families (arts. 64–71)

Migration services and policies

57.The Committee takes note of the efforts made by the State party to address irregular migration of its nationals, such as the establishment of national development funds to support the creation of jobs for young people, support for the creation of businesses by young people and the conduct of awareness-raising campaigns for young people to show them the dangers associated with irregular migration. It notes the signing, on 18 December 2017, of the Joint Initiative between Burkina Faso, the European Union and the International Organization for Migration for the Protection and Reintegration of Migrants in Burkina Faso, the purpose of which is to protect, return and reintegrate, in a sustainable manner, migrants in an irregular situation. The Committee also notes that the National Migration Strategy 2014–2025 provides for a reintegration mechanism for migrants who have been forcibly or voluntarily repatriated, as well as a referral mechanism and coordinators in all relevant ministries. The Committee is concerned, however, about the lack of specific information regarding mechanisms for the reintegration of migrants.

58. The Committee recommends that the State party ensure the sustainable reintegration of migrant workers who have been forcibly or voluntarily repatriated, and that it inform the Committee about the measures taken in this connection in its next periodic report.

Recruitment agencies

59.The Committee takes note of the information provided by the State party in its second periodic report on the regulatory framework and licensing system for private employment agencies operating in the State party. However, it is concerned that the labour inspection services have registered a very large number of worker complaints and that it is unclear how many of these complaints are against employment agencies. It is, moreover, concerned by reports that the competent monitoring bodies only intervene if they receive complaints of violations.

60. The Committee recommends that the State party reinforce the regulatory framework for private recruitment agencies, strengthen the existing licensing system for recruitment agencies, and enhance monitoring and inspections of such agencies to ensure the rights of migrant workers in accordance with the Convention. It also recommends that, if applicable, the State party investigate and punish illegal practices by recruitment agencies.

Trafficking in persons

61.The Committee notes with satisfaction the setting up of regional child protection brigades, the aim of which is to combat trafficking in persons, specifically children. It notes the efforts made by the State party to combat trafficking in persons by applying, on the one hand, preventive measures, which led to 240 cases of trafficking being notified or reported in 2016, and, on the other hand, protection measures in respect of 1,099 presumed victims in 2015, 1,442 presumed victims, including 127 foreign nationals, in 2016, and 1,739 presumed victims, including 121 foreign nationals, in 2017. It also notes with interest that victims of trafficking and presumed victims are accommodated in transit centers in 34 locations throughout the country prior to being returned to their families. However, the Committee is concerned about the low number of prosecutions and convictions in cases of trafficking in persons and the lack of information on the development of a new national action plan to combat that phenomenon.

62. In accordance with its general comment No. 2 (2013) and the Recommended Principles and Guidelines on Human Rights and Human Trafficking of the Office of the United Nations High Commissioner for Human Rights, the Committee, once again, recommends that the State party:

(a) Develop and implement a new national action plan to combat trafficking in persons, especially women and children, together with indicators and measurable objectives, and including the systematic collection of disaggregated data on human smuggling or trafficking;

(b) Intensify prevention campaigns, particularly in the border areas where most trafficking victims are found, and that it provide the National Watchdog and Monitoring Committee with adequate financial and human resources to allow it to fulfil its mandate;

(c) Strengthen existing legislative and other measures and take new ones to guarantee the conduct of legal proceedings by strictly applying its legal framework so that those responsible for smuggling and trafficking are brought to justice and duly punished, with the aim of guaranteeing the fight against trafficking in persons and making the prosecution of traffickers more effective;

(d) Develop gender-sensitive and child-friendly training for law enforcement officials, judges, prosecutors, labour inspectors, teachers, health workers and the staff of the State party ’ s embassies and consulates;

(e) Build up international, regional and bilateral cooperation by concluding new agreements and fully implementing existing agreements with countries of origin, transit and destination in order to prevent smuggling and trafficking in persons.

Measures to address migrant workers in an irregular situation

63.The Committee is concerned about the absence of information on regularization mechanisms and of data on migrants in an irregular situation.

64. The Committee recommends that the State party:

(a) Provide data on migrant workers in an irregular situation and information on the regularization procedures available to them;

(b) Ensure that migrant workers and members of their families in an irregular situation have effective access to information on the procedures by which they might regularize their situation.

6.Dissemination and follow-up

Dissemination

65. The Committee requests the State party to ensure the timely dissemination of the present concluding observations, in the official languages of the State party, to the relevant State institutions, including to government ministries, the legislature, the judiciary and relevant local authorities, as well as to non-governmental organizations and other members of civil society.

66. The Committee recommends that the implementation of the Convention, in particular the action taken in follow-up to the present concluding observations, should be approached together with civil society organizations, and that the proposals these organizations make with respect to specific migration problems in Burkina Faso should be explored, given their deep understanding of the daily reality of migrants. In this regard, the Committee recommends that the State party set up a mechanism for monitoring and following up on the implementation of human rights treaty body recommendations, in particular those of the Committee, in coordination with the competent bodies and civil society, and for periodically assessing their implementation with the support of United Nations agencies and the national human rights institution.

Follow-up to concluding observations

67. The Committee requests the State party to provide, within two years (that is, by 1 May 2024), written information on the implementation of the recommendations contained in paragraphs 11 (legislation and application), 26 (corruption), 32 (exploitation) and 40 (remuneration and conditions of work) above.

Next periodic report

68. The Committee requests the State party to submit its third periodic report by 1 May 2027. The Committee draws the State party ’ s attention to its harmonized treaty-specific guidelines.