Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Burundi (Ratification: 1993)

The Committee notes the information contained in the Government’s report. It recalls that in its previous comments it raised the following points.

Article 2 of the Convention. 1. Trade union rights of public servants. In its previous comments the Committee had noted that section 14 of the Labour Code excludes state employees and magistrates from the scope of the Code. The Committee notes with interest in this connection that Legislative Decree No. 1-009 of 6 June 1998 (Public Service Regulations) provides in section 28 for the right to organize of public servants. The Committee also notes the entry into force of Act No. 1-001 of February 2000 amending the magistrates’ regulations. Noting that there is no express reference in this Act to the magistrates’ right of association, the Committee asks the Government to specify in its next report the provisions which ensure that magistrates have such a right.

2. Trade union rights of minors. The Committee has been pointing out for several years that section 271 of the Labour Code under which young people under the age of 18 may not join a trade union without the express authorization of their parents or guardians needs to be amended so that minors who are legally entitled to work have the right to join trade unions. In its last report, the Government states that it is considering amending section 271 of the Labour Code so as to allow minors to join trade unions without previous parental authorization. The Committee therefore once again asks the Government to indicate the measures taken or envisaged to ensure that minors who are entitled to enter the labour market either as workers or as apprentices have the right to join trade unions without parental authorization.

Article 3. 1. Public servants not exercising authority in the name of the State. The Committee notes that the bill laying down rules for the exercise of the right to strike in the public service has recently been approved by Parliament and is currently being examined by the Senate. The Committee requests the Government to send the text of the above bill as soon as it has been adopted.

2. Election of trade union leaders. The Committee noted previously that the Labour Code sets a number of conditions for holding the position of trade union officer or administrator.

-  Criminal record (section 275 of the Labour Code). In its previous comments the Committee recalled that a conviction for an act which, by its nature, does not call into question the integrity of the person concerned and implies no real risk for the performance of trade union duties should not constitute grounds for exclusion from trade union office. In its last report, the Government states that it is planning to amend this provision following consultations with the National Labour Council. The Committee requests the Government to send, as soon as they have been adopted, the amendments to ensure that only offences that impair the performance of trade union duties are taken into consideration in barring candidates from trade union office.

-  Belonging to the respective occupation (section 275 of the Labour Code). The Committee recalled that a provision requiring trade union leaders or administrators to have belonged to the occupation or trade for at least one year can impair the right of organizations to elect their representatives in full freedom by denying them the possibility of electing qualified people such as full-time union officers or pensioners, or by depriving them of the benefits of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks. The Committee asked that the Government make its legislation more flexible by allowing persons who formerly worked in the occupation to stand for office or by lifting this requirement for a reasonable proportion of trade union officers. In its last report, the Government states that it is considering the amendment of this provision following consultations with the National Labour Council. The Committee requests the Government to send a copy of the amendments as soon as they have been adopted.

Articles 3 and 10. Right of workers’ organizations to organize their administration and their activities to further and defend the interests of their members. Regarding the series of compulsory procedures to be followed before taking strike action (sections 191-210 of the Labour Code) which appear to authorize the Minister to prevent all strikes, the Committee again asks the Government to provide the draft implementing text concerning procedures for the exercise of the right to strike to which it referred in its previous reports, so that the Committee may ascertain whether it is consistent with the provisions of the Convention.

The Committee also noted that, under section 213 of the Labour Code, strikes are lawful when they are called with the approval of a simple majority of the employees of the workplace or enterprise, whereas in practice no vote on the matter was required and a consensus sufficed. The Government states in its report that the questions concerning Articles 3 and 10 of the Convention will be submitted to the National Labour Council so that a common position may be agreed. The Committee requests the Government to keep it informed of any new developments in this respect.

The Committee again requests the Government to take the necessary steps, in the light of the above comments, to bring its legislation into conformity with the Convention.