Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Burundi (Ratification: 1997)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that it collaborates closely with the social partners, including the Trade Union Confederation of Burundi (COSYBU) and the Confederation of Free Trade Unions of Burundi (CSB). The Government reports the adoption on 25 May 2011 of a National Social Dialogue Charter, in the context of which each party has undertaken to promote social dialogue and give priority to tripartite consultations with a view to resolving disputes related to the world of work. The Government also reports the establishment of the National Social Dialogue Committee (CNDS), under Decree No. 100/132 of 21 May 2013 revising Decree No. 100/47 of 9 February 2012 on the establishment, composition and operation of the CNDS. The Government also indicates that eight provincial social dialogue committees (CPDS) were established between 2015 and 2016 in the provinces of Makamba, Muyinga, Ruyigi, Karusi, Rumonge, Bubanza, Ngozi and Gitega. At the branch level, six joint bipartite social dialogue committees have been established (for health, justice, education, transport, agriculture and telecommunications). The Government adds that tripartite consultations are held when necessary.

The Committee notes the information provided by the Government concerning the resolution by the CNDS of nine labour disputes, and the recent organization of training on international labour standards, carried out with the technical support of the ILO specialist from the Pretoria Office. However, the Committee recalls that the Convention mainly covers tripartite consultations intended to promote the implementation of international labour standards. It notes in this respect that the Government’s report does not contain any information on the tripartite consultations held regarding the matters covered by Article 5(1) of the Convention. With regard to the frequency of the consultations held, under the terms of Article 5(2) of the Convention, it should also be recalled that, although this provision requires consultations to be held at least once a year, it does not require them to cover each year all of the matters set out in Article 5(1). In practice, certain subjects (such as replies to questionnaires, proposals relating to the submission of instruments to the competent authorities and reports to be made to the ILO) imply annual consultations, while others (such as the re-examination of unratified Conventions and of Recommendations, as well as proposals for the denunciation of ratified Conventions) require less frequent examination. The Committee therefore requests the Government to provide the ILO with a copy of the legislative, administrative or other provisions giving effect to the Convention, and particularly those governing the composition and operation of the CNDS and the CPDS. It also requests the Government to provide detailed information on the content and outcome of the consultations held each year on the matters relating to international labour standards set out in Article 5(1) of the Convention.

Article 4. Administrative support. The Committee understands that a permanent executive secretariat for the CNDS has been established, in accordance with Ministerial Ordinance No. 570/66 of 3 January 2014 on the appointment of certain members of the staff of the permanent executive secretariat of the CNDS, and that an operational budget has been allocated to it. The Committee requests the Government to describe the manner in which administrative support is provided for the consultation procedures envisaged by the Convention and to specify whether arrangements have been made or are envisaged, in accordance with Article 4(2), for the financing of any necessary training of participants in the consultation procedures.