Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Burundi (Ratification: 1997)

The Committee notes the Government’s report received during the first half of 2020, as well as the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Trade Union Confederation of Burundi (COSYBU), received in August 2019 and August 2020, relating to various elements examined in the context of the present comment, and also the Government’s reply in this regard. The Committee notes that the observations of COSYBU also refer to the alleged discrimination arising from non-application of an arbitration award to workers belonging to the Union of Workers of the University of Burundi (STUB). The Committee requests the Government to send its comments on this matter.

Draft revised Labour Code. The Committee notes the Government’s indication that a draft revised Labour Code has been submitted to Parliament for adoption. The Committee requests the Government to provide information on any new developments regarding the draft revised Labour Code and to send a copy of it once it has been adopted.

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous comments, the Committee emphasized the non-dissuasive nature of the sanctions established by the Labour Code for acts of anti-union discrimination and interference and expressed the hope that the respective provisions would be amended as part of the revision of the Labour Code. The Committee notes the Government’s indication that effect is given to the principles protected by the Convention in sections 268 and 269 of the Labour Code and in sections 5 and 6 of Act No. 1/28 of 23 August 2006 issuing the General Civil Service Regulations. The Government also emphasizes that the protection of workers against dismissal features in the draft of the new Labour Code being drawn up. The Committee also notes that COSYBU in its observations: (i) calls for the adoption of additional measures to ensure the protection that is particularly necessary for trade union leaders; (ii) calls for the inclusion in the national legislation of specific provisions against acts of anti-union interference and discrimination, of quick appeal procedures, and of effective penalties that act as a deterrent; (iii) states that, in the security services and telecommunications sectors, trade union leaders are constantly victims of acts of intimidation leading to suspensions, dismissals and imprisonment; and (iv) in the education and health sectors, acts of interference are practised by certain supervisors in the administration, who either give their backing to trade unions or interfere in their management. The Committee recalls that the protection afforded to workers and trade union leaders against acts of anti-union discrimination and acts of interference is an essential aspect of freedom of association, as such acts may result in practice in a denial of freedom of association and of the guarantees laid down in Convention No. 87, and also consequently of collective bargaining (see the 2012 General Survey on the fundamental Conventions, paragraph 167). The Committee expects that the Government will take all the necessary steps to ensure adequate protection against all acts of anti-union discrimination and interference, whether it involves dismissals or any other prejudicial acts, especially by providing for quick appeal procedures and sufficiently dissuasive sanctions in the draft revised Labour Code being adopted, and requests the Government to provide information on any developments in the situation in this respect. The Committee also requests the Government to send its comments on the observations of COSYBU alleging acts of intimidation in the security services sector and acts of interference in the education and health sectors.

Article 4. Promotion of collective bargaining. In a previous comment, the Committee asked the Government to send its comments on an allegation from the International Trade Union Confederation (ITUC) that section 227 of the Labour Code enables the authorities to interfere in collective bargaining and section 224 of the Code authorizes collective agreements with non-unionized workers. The Committee notes that the Government has still not provided any reply in this regard and that COSYBU, in its observations of 2020, also calls for the two above-mentioned sections to be revised. The Committee once again requests the Government to send its comments on this subject and expresses the hope that the revised Labour Code will give full effect to Article 4 of the Convention.

The Committee previously asked the Government to provide information on the specific measures taken to promote collective bargaining, and to supply practical data on the status of collective bargaining in the country. The Committee notes the Government’s indication that it has facilitated and supported the setting up of social dialogue committees in the following branches of activity: health, education, transport, justice, agriculture, information and communication technologies, commerce, energy and mining, public works, agri-industry, security services, hotels and tourism, and art and handicrafts. It notes that these committees, whose task is to undertake social dialogue and launch collective negotiations, are bipartite and each composed of ten members (five employers and five workers) and are present in the 18 provinces of Burundi. The Committee also notes that the Government emphasizes that in the private sector certain enterprises have launched negotiations with representatives of the employees in the context of human resources management reforms. The Committee further notes that COSYBU: (i) states that since 2012 collective agreements have not been concluded in all sectors; (ii) denounces the suspension of bonuses and allowances linked to the economy which are established by the national inter-occupational collective agreement of 3 April 1980 regulating long-service bonuses; and (iii) asserts that an agreement signed with the Government on 23 February 2017 to re-establish the regulatory texts concerning the exercise of freedom of association and collective bargaining has still not been implemented. The Committee also notes the Government’s indication in its reply that it is currently examining ways and means to implement the agreement signed on 23 February 2017. Recalling that mutual respect for commitments made in collective agreements is an important element in the right of collective bargaining, the Committee requests the Government to provide information on any developments concerning the implementation of the agreement of 23 February 2017 and to respond to the allegations of COSYBU concerning the suspension of bonuses and allowances linked to the economy which are established by the national inter-occupational collective agreement of 3 April 1980. Also noting the divergent appraisals of the Government and COSYBU regarding the implementation in practice of the right to engage in collective bargaining, the Committee also requests the Government to continue providing information on measures to encourage and promote collective bargaining and their impact. The Committee further requests the Government to continue providing detailed information, including in the private sector, on collective agreements which have been concluded, the sectors concerned and the number of workers covered.

Articles 4 and 6. Right of collective bargaining for public servants not engaged in the administration of the State. In its previous comments, the Committee asked the Government to continue providing information on the measures taken or envisaged to ensure that organizations of public servants not engaged in the administration of the State have at their disposal mechanisms which allow them to bargain collectively on the terms and conditions of their employment, including wages. The Committee also asked the Government to provide information on any agreement on conditions of work and employment, including wages, concluded in the public sector. The Committee notes the Government’s indications that: (i) in the context of drawing up the national wage policy, the Ministry of Labour has set up a tripartite committee, which includes representatives of all public servants, including those not engaged in the administration of the State, to steer and give technical guidance to this work; (ii) the principal agreement concluded in the public sector is concerned with granting the wage adjustment allowance, it was signed at the end of 2015 and it came into force in 2018 for public servants not engaged in the administration of the State; and (iii) collective agreements covering more than 80 per cent of public servants have been concluded in the health, education and justice sectors. The Committee also notes that COSYBU asks: (i) for the committee on the drafting of the national wage policy to be given fresh impetus to finalize this policy; and (ii) for the relevant legal provisions to be amended so that organizations of public servants and public employers not engaged in the administration of the State can negotiate their pay and other conditions of work. Noting the divergent appraisals of the Government and COSYBU regarding the access of public servants not engaged in the administration of the State to the right of collective bargaining, the Committee requests the Government to provide detailed information on the measures taken to promote collective bargaining for this category of workers, including in the context of the national wage policy. The Committee also requests the Government to provide information on all collective agreements concluded in the public sector.