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

Workers' Representatives Convention, 1971 (No. 135) - Burundi (Ratification: 1997)

1. The Committee notes that the Government’s report has not been received, although the legislative texts requested have been made available. The Committee also notes the communication from the Confederation of Trade Unions of Burundi (COSYBU), dated 30 August 2005, transmitting its observations on the application of the Convention with regard to the facilities afforded to workers’ representatives to enable them to carry out their functions promptly and efficiently (Article 2 of the Convention).

2. With reference to its previous comments, the Committee notes with satisfaction the adoption 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, and particularly the fact that this Act affords facilities for workers’ representatives (posting of communications, collection of contributions, holding of meetings).

3. However, the Committee notes that, with regard to facilities for workers’ representatives, the Labour Code is limited to envisaging leave for trade union training in section 132. The Committee also notes that the National Inter- occupational Labour Agreement of 3 April 1980, although it establishes joint commissions with trade union leave to participate in their meetings, does not set out other facilities for workers’ representatives in the private sector or the representatives of employees in the public sector who are not public officials. The Committee therefore requests the Government to take measures to afford other facilities to workers’ representatives (trade union and other representatives) in these sectors to enable them to carry out their functions promptly and efficiently, including access to all workplaces where so required for their representational functions, the collection of trade union dues, etc.