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

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

The Committee notes the supplementary information provided by the Government in the light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examined the implementation of the Convention on the basis of the additional information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations formulated by the Trade Union Confederation of Burundi (COSYBU), received on 19 August 2019 and 14 August 2020.

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide a copy of the legislative, administrative or other provisions giving effect to the Convention, and particularly those governing the composition and operation of the National Social Dialogue Committee (CNDS) and the provincial social dialogue committees (CPDS), and to provide detailed information on the consultations held annually on the matters relating to international labour standards set out in Article 5(1) of the Convention. The Government refers to the National Social Dialogue Charter adopted by the tripartite constituents in 2011, which enumerates the tripartite consultation mechanisms and their operation. It indicates that the CNDS was established by 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 CNDS is composed of seven Government representatives, seven employers’ representatives and seven workers’ representatives. It is chaired by an independent person chosen by the social partners. The Committee notes that the CNDS meets once quarterly in ordinary session and whenever necessary in extraordinary session. It also notes that the consultations held by the CNDS can be on any theme relating to the world of work. In its additional information, the Government explains that effective consultations between the tripartite constituents on matters relating to ILO activities take place through the CNDS. It specifies that the CNDS, as a national tripartite dialogue body, has provincial branches throughout the country, the provincial social dialogue committees (CPDS) created by Ministerial Ordinance No. 570/1697 of 21 November 2017. The Committee notes that the members of the CPDS elect a tripartite bureau, consisting of a President, a Vice-President and a Secretary, that meets once monthly. Furthermore, the Government refers to the Sectoral Social Dialogue Committee (CDSB), the mechanism for consultations on sectoral issues, which is active in some sectors, such as health and education, whereas action is required to revitalize it in other sectors. In its observations, COSYBU underscores that, since the adoption of the National Social Dialogue Charter in 2011 and the establishment of these social dialogue structures, no international instrument has been ratified or adopted. COSYBU maintains that it continues to call for consultations on the ratification of unratified ILO Conventions, including the two governance Conventions not yet ratified by Burundi, namely, the Employment Policy Convention, 1964  (No.122) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In its previous comments, the Committee noted that these two Conventions were currently under examination by the Ministry of Public Service, Labour and Social Security. Furthermore, COSYBU indicates that it supports the motion before Parliament to adopt the following Recommendations: the Work in Fishing Recommendation, 2007 (No. 199); the HIV and AIDS Recommendation, 2010 (No. 200); the Domestic Workers Recommendation, 2011 (No. 201); the Social Protection Floors Recommendation, 2012 (No. 202); the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203); the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204); and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). COSYBU asks to be kept informed of the outcome of the motion before Parliament. The Committee observes that the Government has not provided information on the content and outcome of the tripartite consultations that took place in the above-mentioned tripartite consultation mechanisms. The Committee requests the Government to provide a copy of the legislative provisions governing the composition and operation of the CNDS, the CDSB and the CPDS. It further requests the Government to provide detailed and updated information on the number, distribution and state of operation of all of these mechanisms in the country. It requests the Government to provide detailed information on the frequency, content and outcome of the tripartite consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, including the consultations held to re-examine the prospects of ratification of unratified ILO Conventions, in particular those identified by the social partners, namely: the Social Security (Minimum Standards) Convention, 1952 (No. 102); the Employment Policy Convention, 1964 (No. 122); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Workers with Family Responsibilities Convention, 1981 (No. 156); the Maternity Protection Convention, 2000 (No. 183); the Domestic Workers Convention, 2011 (No. 189); and the Violence and Harassment Convention, 2019 (No. 190).

Article 4. Administrative support. The Committee notes the additional information provided by the Government further to its previous comments, in which it indicates that in fact there is no administrative support for consultation procedures, but that training is conducted on an occasional basis by trade union confederations and federations. The Committee recalls that under Article 4 of the Convention, the competent authority – the State – shall assume “responsibility for the administrative support of the procedures” relating to consultations and that this responsibility, as it noted in its General Survey of 2000, clearly encompasses responsibility for the financing that this entails. The Committee observes that Article 4(2) of the Convention concerns the financing of the measures that should be taken to provide appropriate training in order to enable those taking part in consultation procedures to carry out their functions effectively. The Committee hopes that the Government will take the necessary measures without further delay in order to fulfil its normal responsibilities. It requests the Government to keep the Office informed of any new developments in this regard.

COVID-19. The Committee notes that, in view of the COVID-19 pandemic, tripartite consultations on international labour standards may have been postponed. Against this background, the Committee recalls the guidance provided by international labour standards and encourages the Government to use tripartite consultations and social dialogue as a sound basis for the development and implementation of effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to provide, in its next report, updated information on any arrangements made in this regard, including with respect to measures taken to build the capacities of the tripartite constituents, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, and to improve national tripartite procedures and mechanisms. It further requests the Government to provide information on the challenges encountered and good practices identified with regard to the application of the Convention, during and after the pandemic.