Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Safety Provisions (Building) Convention, 1937 (No. 62) - Burundi (Ratification: 1963)

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

Article 4 of the Convention. The Committee notes the Government’s statement that, in practice, labour inspectors carry out few visits in the construction sector because they lack the necessary technical competence, training being needed in masonry, electricity, plumbing and carpentry. The Committee asks the Government to take the necessary steps to ensure that training for labour inspectors is adapted to supervision of safety prescriptions in the construction sector.

Article 6 and Part V of the report form. The Committee recalls that it had taken note of the statistical information sent by the Government with its report in 1991. It notes that since then, the Government’s reports contain no statistical information as required by Article 6 of the Convention and the corresponding report form. The Committee further recalls that under the abovementioned Article, Members ratifying the Convention undertake to supply with their reports the most up-to-date statistics available on the number and classification of accidents occurring to persons occupied on work within the scope of the Convention and that, according to the report form on this Convention, governments are asked to supply in addition as many details as possible regarding the number of persons occupied in the construction industry and covered by the statistics.

In the absence of the abovementioned statistics, the Committee is unable to assess the manner in which the safety provisions established by the Convention are applied in practice, which is the more regrettable as construction is among the sectors with the highest accident risks. The Committee therefore asks the Government not to fail to provide all the statistical information required by the abovementioned Article of the Convention in its next report.

Articles 7 to 15. The Committee notes the provisions of Rwanda-Urundi (ORU) Ordinance, No. 222/167 of 20 March 1958, issuing general provisions on safety in the workplace. It notes in particular the provisions of section 16 on stairways, ladders, gangways, platforms, etc.

The Committee notes that the texts cited by the Government as applying the provisions of the Convention apply it only in part. The Committee notes that the Government no longer refers in its report to the ORU, No. 21/94 of 24 July 1953, establishing the legal framework for occupational safety in the construction industry, as amended by ORU No. 23/148 of 11 October 1955, several provisions of which apply those of the Convention. It further notes that the provisions of the Act of 29 June 1962 stipulate that: "in so far as they are not contrary to the Constitution of Burundi, regulatory provisions issued by a competent authority shall remain in force until they are expressly repealed or superseded in their entirety by an order (decree or ordinance) issued by the competent body of the Executive of Burundi", and section 306 of the Labour Code of 7 July 1993 providing that "earlier provisions which are not contrary to the present Code shall remain in force until the date of their express revocation". The Committee asks the Government to indicate the texts currently in force and those which have been expressly repealed or superseded in their entirety, and to supply the Office with the texts amending the national legislation so that the Committee can ascertain whether the latter gives effect to the provisions of the Convention.

In view of the express reference made by the Government in its report to Ordinance No. 222/167 and the technical and social changes that have occurred since its adoption, the Committee asks the Government to provide detailed information, article by article, on the application of Articles 7 to 10 of the Convention concerning scaffolding and Articles 11 to 15 of the Convention concerning hoisting equipment.

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