Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Burundi (Ratification: 1963)

The Committee notes the information provided by the Government in its report, according to which public contracts do not contain any labour clauses in practice. The Government recognizes that this situation needs to be rectified and indicates that the Ministry of Finance is favourable to undertaking concrete action in this respect while the Ministry of Labour intends to address the question of the application of the Convention in the framework of the forthcoming examination of the new draft Code on Public Contracts.

The Committee feels obliged to recall, in this connection, that any implementing laws or regulations would need to apply the following core principles of the Convention: (i) insertion of labour clauses in all public contracts by virtue of which the contractor undertakes to ensure that all workers employed by him/her receive wages and enjoy conditions of labour which are not less favourable than the most favourable of those established by collective agreement or by laws and regulations for work of the same character in the same district; (ii) adequate coverage to ensure observance of the labour clauses even in the case of subcontracting; (iii) adequate publicity, for instance by advertising specifications, to ensure that persons tendering for public contracts are aware of the terms of labour clauses; (iv) adequate information for workers engaged in the execution of public contracts, especially through the posting of notices at the workplace, regarding the conditions of work applicable to them; and (v) adequate system of sanctions, such as the withholding of payments to the contractor, to ensure compliance with the terms of labour clauses.

The Committee hopes that the Government will take the necessary steps without further delay to ensure that the new legislation on public procurement is fully consistent with these basic requirements of the Convention and asks the Government to keep it informed of any progress made in this regard. It also recalls that the Government may avail itself of the technical assistance and expert advice of the Office should it so wish with a view to giving full effect to the provisions and objectives of the Convention in both law and practice.

[The Government is asked to report in detail in 2007.]