Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the information in the Government’s report, and the observations of 5 May 2004 responding to the comments sent by the International Confederation of Free Trade Unions (ICFTU) on 26 March 2003, and those sent by the Trade Union Confederation of Burundi (COSYBU) on 3 November 2003.

Articles 1, 2 and 3 of the Convention. 1. In its previous comments, the Committee noted that the penalties 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 that these provisions are applied. The Committee notes that the Government’s report states that it shares the Committee’s concern and that the provisions in question will be amended with cooperation from the social partners. Noting that the observations of COSYBU indicate an absence of effective mechanisms to ensure protection against acts of anti-union discrimination, the Committee hopes that the Government will be able to make the necessary amendments to its legislation in the near future and requests it to keep the Committee informed in this regard.

2. The Committee further notes that in its observations, COSYBU draws the Committee’s attention to several major breaches of the Convention such as dismissals, transfers and prison sentences of trade unionists for participation in trade union activities. The Committee notes that the Government’s observations of 5 May 2004 do not reply to the above comment other than to indicate that the courts are currently hearing a complaint filed by the Chairman of COSYBU. Recalling that the protection afforded to workers and trade union officials against acts of anti-union discrimination constitutes an essential aspect of freedom of association (see General Survey on freedom of association and collective bargaining, 1994, paragraph 202), the Committee requests the Government to reply to COSYBU’s comments and to ensure that the Convention is observed in the enterprises or institutions concerned.

Article 4. The Committee notes that although in earlier reports the Government indicated that the situation should change for the better since some 30 trade unions and two federations had already been registered, the Government’s latest report indicates again that there is only one collective agreement in Burundi. The Committee therefore asks the Government once again to provide information in its next report on the measures taken to promote collective bargaining and to send 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. In its previous comments, the Committee noted that, according to the ICFTU, public sector wages are excluded, by the national legislation in particular, from the scope of collective bargaining, and asked the Government to reply to the ICFTU’s assertion and to explain exactly how the right to collective bargaining of all staff in public establishments and "personalized" administrations including persons on secondment to them was ensured. The Committee notes that the Government refers to section 1 of Act No. 1/015 of 29 November 2002 issuing regulations on the exercise of the right to organize and the right to strike in the public service, which provides that all employees of the State have the right to associate freely in trade unions in order to promote and protect their occupational interests. The Committee observes that it is not possible to ascertain from this provision whether wages and other conditions of work in the public sector as a whole are excluded from the scope of collective bargaining, and requests the Government to provide information in this regard.

Recalling that the Convention applies to public employees who are not engaged in the administration of the State, the Committee requests the Government to specify whether there are still provisions in force that imply restrictions on the scope of collective bargaining for the public service as a whole in Burundi, particularly as regards wage fixing, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988 providing 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; and (2) section 24 of Legislative Decree No. 1/24 which provides that governing bodies of public establishments shall draw up staff regulations of "personalized" administrations subject to the approval of the competent minister. Lastly, the Committee requests the Government to provide specific information on any agreements concluded in the public sector on terms and conditions of employment, including wages.