Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Burundi (RATIFICATION: 1997)

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The Committee notes the supplementary information provided by the Government in the light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examined the implementation of the Convention on the basis of the additional information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations formulated by the Trade Union Confederation of Burundi (COSYBU), received on 19 August 2019 and 14 August 2020.

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide a copy of the legislative, administrative or other provisions giving effect to the Convention, and particularly those governing the composition and operation of the National Social Dialogue Committee (CNDS) and the provincial social dialogue committees (CPDS), and to provide detailed information on the consultations held annually on the matters relating to international labour standards set out in Article 5(1) of the Convention. The Government refers to the National Social Dialogue Charter adopted by the tripartite constituents in 2011, which enumerates the tripartite consultation mechanisms and their operation. It indicates that the CNDS was established by Decree No. 100/132 of 21 May 2013 revising Decree No. 100/47 of 9 February 2012 on the establishment, composition and operation of the CNDS. The CNDS is composed of seven Government representatives, seven employers’ representatives and seven workers’ representatives. It is chaired by an independent person chosen by the social partners. The Committee notes that the CNDS meets once quarterly in ordinary session and whenever necessary in extraordinary session. It also notes that the consultations held by the CNDS can be on any theme relating to the world of work. In its additional information, the Government explains that effective consultations between the tripartite constituents on matters relating to ILO activities take place through the CNDS. It specifies that the CNDS, as a national tripartite dialogue body, has provincial branches throughout the country, the provincial social dialogue committees (CPDS) created by Ministerial Ordinance No. 570/1697 of 21 November 2017. The Committee notes that the members of the CPDS elect a tripartite bureau, consisting of a President, a Vice-President and a Secretary, that meets once monthly. Furthermore, the Government refers to the Sectoral Social Dialogue Committee (CDSB), the mechanism for consultations on sectoral issues, which is active in some sectors, such as health and education, whereas action is required to revitalize it in other sectors. In its observations, COSYBU underscores that, since the adoption of the National Social Dialogue Charter in 2011 and the establishment of these social dialogue structures, no international instrument has been ratified or adopted. COSYBU maintains that it continues to call for consultations on the ratification of unratified ILO Conventions, including the two governance Conventions not yet ratified by Burundi, namely, the Employment Policy Convention, 1964  (No.122) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In its previous comments, the Committee noted that these two Conventions were currently under examination by the Ministry of Public Service, Labour and Social Security. Furthermore, COSYBU indicates that it supports the motion before Parliament to adopt the following Recommendations: the Work in Fishing Recommendation, 2007 (No. 199); the HIV and AIDS Recommendation, 2010 (No. 200); the Domestic Workers Recommendation, 2011 (No. 201); the Social Protection Floors Recommendation, 2012 (No. 202); the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203); the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204); and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). COSYBU asks to be kept informed of the outcome of the motion before Parliament. The Committee observes that the Government has not provided information on the content and outcome of the tripartite consultations that took place in the above-mentioned tripartite consultation mechanisms. The Committee requests the Government to provide a copy of the legislative provisions governing the composition and operation of the CNDS, the CDSB and the CPDS. It further requests the Government to provide detailed and updated information on the number, distribution and state of operation of all of these mechanisms in the country. It requests the Government to provide detailed information on the frequency, content and outcome of the tripartite consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, including the consultations held to re-examine the prospects of ratification of unratified ILO Conventions, in particular those identified by the social partners, namely: the Social Security (Minimum Standards) Convention, 1952 (No. 102); the Employment Policy Convention, 1964 (No. 122); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Workers with Family Responsibilities Convention, 1981 (No. 156); the Maternity Protection Convention, 2000 (No. 183); the Domestic Workers Convention, 2011 (No. 189); and the Violence and Harassment Convention, 2019 (No. 190).

Article 4. Administrative support. The Committee notes the additional information provided by the Government further to its previous comments, in which it indicates that in fact there is no administrative support for consultation procedures, but that training is conducted on an occasional basis by trade union confederations and federations. The Committee recalls that under Article 4 of the Convention, the competent authority – the State – shall assume “responsibility for the administrative support of the procedures” relating to consultations and that this responsibility, as it noted in its General Survey of 2000, clearly encompasses responsibility for the financing that this entails. The Committee observes that Article 4(2) of the Convention concerns the financing of the measures that should be taken to provide appropriate training in order to enable those taking part in consultation procedures to carry out their functions effectively. The Committee hopes that the Government will take the necessary measures without further delay in order to fulfil its normal responsibilities. It requests the Government to keep the Office informed of any new developments in this regard.

COVID-19. The Committee notes that, in view of the COVID-19 pandemic, tripartite consultations on international labour standards may have been postponed. Against this background, the Committee recalls the guidance provided by international labour standards and encourages the Government to use tripartite consultations and social dialogue as a sound basis for the development and implementation of effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to provide, in its next report, updated information on any arrangements made in this regard, including with respect to measures taken to build the capacities of the tripartite constituents, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, and to improve national tripartite procedures and mechanisms. It further requests the Government to provide information on the challenges encountered and good practices identified with regard to the application of the Convention, during and after the pandemic.

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The Committee notes the observations made by the Trade Union Confederation of Burundi (COSYBU), received on 30 August 2018, and the Government’s response thereto, received on 22 September 2018.

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its 2017 comments, the Committee requested the Government to provide a copy of the legislative, administrative or any other provisions that give effect to the Convention, in particular those governing the composition and operation of the National Social Dialogue Committee (CNDS) and the provincial social dialogue committees (CPDS), as well as to supply information on the consultations held annually on the matters concerning international labour standards set out in Article 5(1) of the Convention. In its observations, the COSYBU indicates that the social partners have proposed the ratification of the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee notes that, according to the Government’s response, both Conventions are currently under examination by the Ministry of Public Service, Labour and Social Security (MPTSS). The COSYBU also refers to a lack of prior consultation regarding certain issues that do not fall within the scope of the Convention; therefore the Committee will not address these. In its response to the observations, the Government indicates that it has always consulted employers’ and workers’ organizations and that there are regular meetings in which all discussions of relevance to the lives of workers take place in a framework of social dialogue. It is nevertheless noted that the Government has once again omitted to respond to the specific points previously raised by the Committee. The Committee therefore once again reiterates its request that the Government provide copies of the legislative, administrative or other provisions giving effect to the Convention, and particularly those governing the composition and operation of the CNDS and the CPDS. It also once again requests the Government to provide detailed information on the frequency, content and outcome of the tripartite consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention.

Article 4. Administrative support. In its previous comments, the Committee invited the Government to describe the manner in which administrative support is ensured for the consultation procedures required by the Convention, as well as to indicate whether arrangements have been made in accordance with Article 4(2) of the Convention, with regard to the financing of any necessary training of participants in the consultation procedures. The Committee notes with regret that the Government has not provided information on this point. The Committee therefore once again requests the Government to describe the manner in which administrative support is provided for the consultation procedures envisaged by the Convention and to specify whether arrangements have been made or are envisaged, in accordance with Article 4(2), or the financing of any necessary training of participants in the consultation procedures.

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Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that it collaborates closely with the social partners, including the Trade Union Confederation of Burundi (COSYBU) and the Confederation of Free Trade Unions of Burundi (CSB). The Government reports the adoption on 25 May 2011 of a National Social Dialogue Charter, in the context of which each party has undertaken to promote social dialogue and give priority to tripartite consultations with a view to resolving disputes related to the world of work. The Government also reports the establishment of the National Social Dialogue Committee (CNDS), under Decree No. 100/132 of 21 May 2013 revising Decree No. 100/47 of 9 February 2012 on the establishment, composition and operation of the CNDS. The Government also indicates that eight provincial social dialogue committees (CPDS) were established between 2015 and 2016 in the provinces of Makamba, Muyinga, Ruyigi, Karusi, Rumonge, Bubanza, Ngozi and Gitega. At the branch level, six joint bipartite social dialogue committees have been established (for health, justice, education, transport, agriculture and telecommunications). The Government adds that tripartite consultations are held when necessary.

The Committee notes the information provided by the Government concerning the resolution by the CNDS of nine labour disputes, and the recent organization of training on international labour standards, carried out with the technical support of the ILO specialist from the Pretoria Office. However, the Committee recalls that the Convention mainly covers tripartite consultations intended to promote the implementation of international labour standards. It notes in this respect that the Government’s report does not contain any information on the tripartite consultations held regarding the matters covered by Article 5(1) of the Convention. With regard to the frequency of the consultations held, under the terms of Article 5(2) of the Convention, it should also be recalled that, although this provision requires consultations to be held at least once a year, it does not require them to cover each year all of the matters set out in Article 5(1). In practice, certain subjects (such as replies to questionnaires, proposals relating to the submission of instruments to the competent authorities and reports to be made to the ILO) imply annual consultations, while others (such as the re-examination of unratified Conventions and of Recommendations, as well as proposals for the denunciation of ratified Conventions) require less frequent examination. The Committee therefore requests the Government to provide the ILO with a copy of the legislative, administrative or other provisions giving effect to the Convention, and particularly those governing the composition and operation of the CNDS and the CPDS. It also requests the Government to provide detailed information on the content and outcome of the consultations held each year on the matters relating to international labour standards set out in Article 5(1) of the Convention.

Article 4. Administrative support. The Committee understands that a permanent executive secretariat for the CNDS has been established, in accordance with Ministerial Ordinance No. 570/66 of 3 January 2014 on the appointment of certain members of the staff of the permanent executive secretariat of the CNDS, and that an operational budget has been allocated to it. The Committee requests the Government to describe the manner in which administrative support is provided for the consultation procedures envisaged by the Convention and to specify whether arrangements have been made or are envisaged, in accordance with Article 4(2), for the financing of any necessary training of participants in the consultation procedures.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

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Article 5 of the Convention. Effective tripartite consultations. Technical assistance to help member States fulfil their reporting obligations and comply with the provisions of the Convention. The Committee notes the comments by the Trade Union Confederation of Burundi (COSYBU) transmitted to the Government in September 2013. The COSYBU indicates that consultation is not yet rooted in government practice and in its decentralized structures. It also adds that the National Committee on Social Dialogue was established and its office was opened in Bujumbura. The Committee notes with regret that it has been unable to examine a report from the Government since 2007. Referring once again to its 2007 observation, the Committee invites the Government to submit detailed information on the content and outcome of tripartite consultations held since November 2007 on questions concerning international labour standards, and in particular on the reports to be made to the ILO as well as on the re-examination of unratified Conventions and Recommendations (Article 5(1)(c) and (d) of the Convention). The Committee draws the Government’s attention to the possibility of availing itself of the ILO’s technical assistance to fill the gaps in the implementation of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 5 of the Convention. Effective tripartite consultations. Technical assistance to help member States fulfil their reporting obligations and comply with the provisions of the Convention. The Committee notes the comments by the Trade Union Confederation of Burundi (COSYBU) transmitted to the Government in September 2013. The COSYBU indicates that consultation is not yet rooted in government practice and in its decentralized structures. It also adds that the National Committee on Social Dialogue was established and its office was opened in Bujumbura. The Committee notes with regret that it has been unable to examine a report from the Government since 2007. Referring once again to its 2007 observation, the Committee invites the Government to submit detailed information on the content and outcome of tripartite consultations held since November 2007 on questions concerning international labour standards, and in particular on the reports to be made to the ILO as well as on the re-examination of unratified Conventions and Recommendations (Article 5(1)(c) and (d) of the Convention). The Committee draws the Government’s attention to the possibility of availing itself of the ILO’s technical assistance to fill the gaps in the implementation of the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]

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Tripartite consultations required by the Convention. Technical assistance to help member States fulfil their reporting obligations and comply with the provisions of the Convention. The Committee notes the comments by the Trade Union Confederation of Burundi (COSYBU) submitted to the Government in September 2013. The COSYBU indicates that consultation is not yet rooted in government practice and in its decentralized structures. It also adds that the National Committee on Social Dialogue was established and held two meetings. The Committee notes with regret that it has been unable to examine a report from the Government since 2007. Referring once again to its 2007 observation, the Committee invites the Government to submit a report containing detailed information on the content and outcome of tripartite consultations held since November 2007 on questions concerning international labour standards, and in particular on the reports to be made to the ILO as well as on the re-examination of unratified Conventions and Recommendations (Article 5(1)(c) and (d)). The Committee draws the Government’s attention to the possibility of availing itself of the ILO’s technical assistance to fill the gaps in the implementation of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

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Tripartite consultation required by the Convention. Technical assistance to help member States fulfil their reporting obligations and comply with the provisions of the Convention. The Committee notes the comments by the Trade Union Confederation of Burundi (COSYBU) submitted to the Government in September 2012. The COSYBU points out that, despite efforts to introduce a culture of social dialogue, there is still a long way to go. The Committee notes with regret that it has been unable to examine a report from the Government since 2007. Referring once again to its 2007 observation, it requests the Government to submit a report containing detailed information on the content and results of tripartite consultations held since November 2007 on questions concerning international labour standards, and in particular on the reports to be made to the ILO as well as on the re-examination of unratified Conventions and Recommendations (Article 5(1)(c) and (d)). The Committee draws the Government’s attention to the possibility of availing itself of the ILO’s technical assistance to fill the gaps in the implementation of the Convention.

[The Government is asked to reply in detail to the present comments in 2013.]

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its 2007 observation which read as follows:

Repetition

Article 5(1) of the Convention. Tripartite consultations required by the Convention. The Government stated in a brief report received in November 2007 that it has prepared a note on Conventions to ratify or denunciate. This note has been transmitted to the Burundi Employers Association (AEB) and the Trade Union Confederation of Burundi (COSYBU). The result of these consultations will be communicated to the ILO. Referring to its 2006 observation, the Committee trusts that the Government will be able to provide detailed information on the content and results of tripartite consultations held during the period covered by the report, on questions concerning international labour standards, and in particular on the reports to be made to the ILO as well as the re-examination of unratified Conventions and of Recommendations (Article 5(1)(c) and (d)).

The Committee hopes that the Government will make every effort to take the necessary actions in the near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its 2007 observation which read as follows:

Article 5(1) of the Convention. Tripartite consultations required by the Convention. The Government stated in a brief report received in November 2007 that it has prepared a note on Conventions to ratify or denunciate. This note has been transmitted to the Burundi Employers Association (AEB) and the Trade Union Confederation of Burundi (COSYBU). The result of these consultations will be communicated to the ILO. Referring to its 2006 observation, the Committee trusts that the Government will be able to provide detailed information on the content and results of tripartite consultations held during the period covered by the report, on questions concerning international labour standards, and in particular on the reports to be made to the ILO as well as the re-examination of unratified Conventions and of Recommendations (Article 5(1)(c) and (d)).

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its 2007 observation which read as follows:

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Government stated in a brief report received in November 2007 that it has prepared a note on Conventions to ratify or denunciate. This note has been transmitted to the Burundi Employers Association (AEB) and the Trade Union Confederation of Burundi (COSYBU). The result of these consultations will be communicated to the ILO. Referring to its 2006 observation, the Committee trusts that the Government will be able to provide detailed information on the content and results of tripartite consultations held during the period covered by the report, on questions concerning international labour standards, and in particular on the reports to be made to the ILO as well as the re-examination of unratified Conventions and of Recommendations (Article 5(1)(c) and (d)).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. Replying to the previous comments, the Government states in a brief report received in November 2007 that it has prepared a note on Conventions to ratify or denunciate. This note has been transmitted to the Burundi Employers Association (AEB) and the Trade Union Confederation of Burundi (COSYBU). The result of these consultations will be communicated to the ILO. Referring to its 2006 observation, the Committee trusts that the Government will be able to provide detailed information on the content and results of tripartite consultations held during the period covered by the report, on questions concerning international labour standards, and in particular on the reports to be made to the ILO as well as the re-examination of unratified Conventions and of Recommendations (Article 5, paragraph 1(c) and (d)).

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Tripartite consultations required by the Convention. The Committee notes the Government’s report received in June 2006 and the comments of the Trade Union Confederation of Burundi (COSYBU), received in September 2005, in which the trade union organization deplores the lack of time accorded to tripartite consultations in which it would wish to participate more intensively. In reply to previous comments, the Government states that tripartite consultations have not been held on the possibility of ratifying ILO instruments, on the reports due under article 22 of the ILO Constitution and on proposals for the denunciation of ratified Conventions. Noting the Government’s statement that its next report will undoubtedly contain the outcome of the tripartite consultations held, the Committee hopes that the Government will be in a position to provide detailed information on the content and outcome of the tripartite consultations held during the period covered by the next report, particularly on issues related to the reports to be made to the ILO and the re-examination of unratified Conventions and Recommendations (Article 5, paragraph 1(c) and (d), of the Convention).

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1. Tripartite consultations required by the Convention. In reply to the comments made in 2001, the Government indicates that the documentation relating to the denunciation of certain sectoral Conventions and the ratification of general Conventions is being prepared. The Committee notes this statement with interest and requests the Government to keep it informed of the tripartite consultations held on the possibility of ratifying the following instruments:

-  the Holidays with Pay Convention (Revised), 1970 (No. 132), which would result in the denunciation of Conventions Nos. 52 and 101, which are currently in force in Burundi;

-  the Safety and Health in Construction Convention, 1988 (No. 167), which would result in the denunciation of Convention No. 62, which is currently in force in Burundi;

-  the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which could be accompanied by the denunciation of Conventions Nos. 50 and 64, which are currently in force in Burundi; and

-  the Night Work Convention, 1990 (No. 171), which could be accompanied by the denunciation of Conventions Nos. 4 and 41, which are currently in force in Burundi.

2. The Committee requests the Government to provide detailed information on the consultations held during the period covered by the next report on the other matters set forth in Article 5, paragraph 1, of the Convention, with an indication of their content and the nature of any reports or recommendations resulting from these consultations.

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1. Articles 2 and 5 of the Convention. The Committee notes the detailed information supplied by the Government in reply to its previous direct request on the procedures used to ensure effective consultations concerning the matters set out in Article 5, paragraph 1, between representatives of the government, of employers and of workers. It notes that the chief recommendation of the Burundi Employers’ Association (AEB) is that rather than ratifying a large number of Conventions as in the past, the essential is to comply with those already in force. According to the report, no ratified Conventions have yet been denounced and when Conventions of a general scope have been ratified, it is envisaged that sectoral Conventions will be denounced.

2. The Committee recalls that in the framework of the policy of reviewing standards, the ILO Governing Body invited States parties to the initial Conventions to consider the possibility of ratifying the corresponding revised Convention and at the same time denouncing the earlier Convention. In addition, it emphasized that implementation of these decisions assumed the holding of tripartite consultations at the level of member States, bearing in mind particularly the procedures set down in Convention No. 144. The Committee notes that certain Conventions proposed for denunciation are in force in Burundi and that ratification of more recent Conventions would allow the earlier ones to be denounced. The Committee therefore invites the Government to consider the possibility of holding tripartite consultations on the possibility of ratifying the following instruments:

-  Holidays with Pay Convention (Revised), 1970 (No. 132), which would result in denunciation of Conventions Nos. 52 and 101, currently in force in Burundi;

-  Safety and Health in Construction Convention, 1988 (No. 167), which would result in denunciation of Convention No. 62, currently in force in Burundi;

-  Indigenous and Tribal Peoples Convention, 1989 (No. 169), which could be accompanied by denunciation of Conventions Nos. 50 and 64, currently in force in Burundi;

-  Night Work Convention, 1990 (No. 171), which could be accompanied by denunciation of Conventions Nos. 4 and 41, currently in force in Burundi.

The Government may, if it deems appropriate, request advice and assistance from the Office on this matter. The Committee hopes that the Government will be in a position to include indications on these questions in its next report.

3. The Committee requests the Government to continue to supply information on the consultations held during the period covered by the next report on the other questions enumerated in Article 5, paragraph 1, to indicate their content and to specify the nature of all resulting reports or recommendations.

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The Committee takes note of the Government’s first report on the application of the Convention. It observes that the information supplied is insufficient to enable it to assess how effect is given to some provisions of the Convention. It therefore asks the Government to provide further information on the following points.

Article 2 of the Convention.  The Committee asks the Government to describe in detail the procedures enabling effective consultation of the representative organizations concerning the matters set out in Article 5, paragraph 1, of the Convention.

Article 5.  The Committee appreciates the information supplied in the report. It hopes that the Government will be able to provide detailed information on the consultations held during the period covered by the next report on each of the matters set out in paragraph 1. It wishes to recall in this connection that some of the subjects (replies to questionnaires (a), submission to the competent authorities (b), reports to be submitted to the ILO (d)) require annual consultations, whereas others (re-examination of unratified Conventions (c), proposals for the denunciation of ratified Conventions (e)) require less frequent consideration. The Government is also asked to provide information on the frequency of the consultations and to indicate the nature of any resulting reports or recommendations.

Article 6.  The Committee asks the Government to indicate whether the representative organizations have been consulted on the publication of an annual report on the working of the consultation procedures described in the report. If so, please indicate the outcome of such consultations.