Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Burundi (Ratification: 1997)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments. It also notes that the International Confederation of Free Trade Unions (ICFTU) sent comments on 26 March to which the Government has not as yet replied. The Committee also requests the Government to send its response to the comments made by the Trade Union Confederation of Burundi (COSYBO).

Article 3 of the Convention. Penalties for acts of anti-union discrimination and acts of interference. In its previous comments, the Committee noted that the penalties established in the Labour Code for breach of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of workers’ and employers’ organizations against acts of interference by each other) of the Convention, were not sufficiently dissuasive to ensure the application of these provisions. In its report for 2001, the Government stated that having been developed in a liberal environment, the Labour Code attaches little importance to penalties since the parties prefer advice. The Committee recalls that, according to the Convention, workers must have adequate protection against all acts of anti-union discrimination in the course of their employment. Moreover, workers’ and employers’ organizations must have adequate protection against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration. Pointing out that the effectiveness of legal provisions depends to a large extent on the penalties and redress established for breach of them, the Committee again requests the Government to take the necessary steps to amend the legislation so as to make penalties more effective, and to keep it informed in this regard in its next report.

Article 4.  Promotion of collective bargaining. In its previous comments the Committee noted that, according to the Government, there was only one collective agreement in force but the situation should improve since some 30 trade unions and two central organizations had already been registered. The Committee requested the Government to keep it informed in that regard. It accordingly requests the Government once again to provide information in its next report on measures taken to promote collective bargaining, together with practical information on the current status of collective bargaining, in particular the number of collective agreements concluded to date and the sectors of activity concerned.

Article 6. Public servants. The Committee notes the ICFTU’s comments that public sector wages are excluded, by the national legislation in particular, from the scope of collective bargaining. The Committee notes in this connection the entry into force of Act No. 1/015 of 29 November 2002 regulating the exercise of the right to organize and the right to strike in the public service which, together with Legislative Decree No. 1/008 of 6 June 1998 issuing the Civil Service Regulations, governs the status of state employees. The Committee furthermore recalls that the staff of public establishments and "personalized" administrations are governed, respectively, by Legislative Decree No. 1/23 of 26 July 1988 and Legislative Decree No. 1/24 of 13 July 1989. The above staff comprises officials seconded from the public administration and temporary and permanent officials. Section 45 of Legislative Decree No. 1/23 provides that the governing bodies of public establishments set, following approval by the relevant ministry, the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal. Legislative Decree No. 1/24 provides, in section 24, that governing bodies establish the regulations of the staff of "personalized" administrations subject to the approval of the competent minister.

The Committee recalls that the Convention does not apply to public servants engaged in the administration of the State (for example, officials of ministries and other similar government bodies, and their auxiliaries). However, other public officials and employees (such as those employed in public enterprises or independent public institutions) should be able to negotiate collectively their conditions of employment, including wages. In these circumstances, the Committee requests the Government to reply to the ICFTU’s observation concerning the exclusion of wage issues from collective bargaining in the public sector, and to explain precisely how the right to collective bargaining of all staff in public establishments and "personalized" administrations, including officials seconded to them, is ensured. The Committee requests the Government to provide specific details of any agreements concluded in the public sector on conditions of employment, including wages.