Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the comments made by the Trade Union Confederation of Burundi (COSYBU) in a communication received on 31 August 2012, which was forwarded to the Government on 18 September 2012, indicating that many public services, in the private sector, do not have occupational safety and health services.

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

The Committee notes the information contained in the Government’s report and the statistical data. It notes with regret that, despite the comments it has been making for a number of years, the legislation to apply the Convention has not been changed.

Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

Articles 6–15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its re dissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

Part V of the report form. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

Revision of the Convention. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. It again points out that the ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on any action taken on this suggestion.

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