Right of Association (Agriculture) Convention, 1921 (No. 11) - Burundi (Ratification: 1963)

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

The Committee notes the Government’s report, received during the first half of 2020, as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also notes the observations of the Trade Union Confederation of Burundi (COSYBU), received in August 2019 and August 2020, concerning the matter addressed in the present comment, as well as the Government’s reply.

In its previous observations, the Committee had expressed the hope that the Government would make every effort to take the necessary steps, in the near future, to amend or repeal Legislative Decree No. 1/90 of 25 August 1967 on rural associations, which provides that, in the event of a public donation, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3), and that the Minister determines their statutes (section 4), which, inter alia, oblige members to provide services for the common enterprise, pay a single or regular contribution, provide agricultural or livestock products and observe rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10). The Committee notes that the Government states in its report that the Legislative Decree is no longer taken into consideration and that it agrees that it needs to be amended or repealed. It notes the Government’s indication that steps will be taken to this effect in the near future. The Committee also notes that, in its observations, COSYBU asks the Government to accelerate the process to repeal the Legislative Decree, in consultation with the social partners. The Committee trusts that the necessary measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967 will be taken without delay and requests the Government to provide information on any developments in this respect.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee recalls that for many years its comments have referred to the need to amend Decree No. 1/90 of 25 August 1967 on rural associations, which provides that, in the event that the public authorities, through a public donation, undertake a project aiming at, inter alia, the development of land and livestock, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3), and that the Minister determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee notes with regret that in its report the Government has limited itself to reiterating that the Decree in question has not yet been repealed but that its repeal should take place without further delay. The Committee firmly expects that the Government will finally take the necessary measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967. The Committee requests the Government to provide information on this subject.

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

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee recalls that for many years its comments have referred to the need to amend Decree No. 1/90 of 25 August 1967 on rural associations, which provides that, in the event that the public authorities, through a public donation, undertake a project aiming at, inter alia, the development of land and livestock, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3), and that the Minister determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee notes with regret that in its report the Government has limited itself to reiterating that the Decree in question has not yet been repealed but that its repeal should take place without further delay. The Committee firmly expects that the Government will finally take the necessary measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967. The Committee requests the Government to provide information on this subject.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

The Committee recalls that for many years now its comments have referred to the need to amend Legislative Decree No. 1/90 of 25 August 1967 on rural associations which provides that, in the event of public subsidy, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3) and that he determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee had noted the Government’s indication that the Decree in question has not yet been repealed, but that its repeal will take place in the near future. The Committee strongly hopes that the Government will finally take effective measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967, and requests the Government to provide information in this respect in its next report.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee recalls that for many years now its comments have referred to the need to amend Legislative Decree No. 1/90 of 25 August 1967 on rural associations which provides that, in the event of public subsidy, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3) and that he determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee had noted the Government’s indication that the Decree in question has not yet been repealed, but that its repeal will take place in the near future. The Committee strongly hopes that the Government will finally take effective measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967, and requests the Government to provide information in this respect in its next report.

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

The Committee recalls that for many years now its comments have referred to the need to amend Legislative Decree No. 1/90 of 25 August 1967 on rural associations which provides that, in the event of public subsidy, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3) and that he determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee had noted the Government’s indication that the Decree in question has not yet been repealed, but that its repeal will take place in the near future. The Committee strongly hopes that the Government will finally take effective measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967, and requests the Government to provide information in this respect in its next report.

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

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

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:

Repetition

The Committee recalls that for many years now its comments have referred to the need to amend Legislative Decree No. 1/90 of 25 August 1967 on rural associations which provides that, in the event of public subsidy, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3) and that he determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee had noted the Government’s indication that the Decree in question has not yet been repealed, but that its repeal will take place in the near future. The Committee strongly hopes that the Government will finally take effective measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967, and requests the Government to provide information in this respect in its next report.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Repetition

The Committee recalls that for many years now its comments have referred to the need to amend Legislative Decree No. 1/90 of 25 August 1967 on rural associations which provides that, in the event of public subsidy, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3) and that he determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee had noted the Government’s indication that the Decree in question has not yet been repealed, but that its repeal will take place in the near future. The Committee strongly hopes that the Government will finally take effective measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967, and requests the Government to provide information in this respect in its next report.

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

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

The Committee notes the Government’s report.

The Committee recalls that for many years now its comments have referred to the need to amend Legislative Decree No. 1/90 of 25 August 1967 on rural associations which provides that, in the event of public subsidy, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3) and that he determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee notes the Government’s indication that the Decree in question has not yet been repealed, but that its repeal will take place in the near future. The Committee strongly hopes that the Government will finally take effective measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967, and requests the Government to provide information in this respect in its next report.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report.

The Committee recalls that its previous comments concerned Legislative Decree No. 1/90 of 25 August 1967 on rural associations which provides that, in the event of public subsidy, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3) and that he determines their statutes (section 4). It also provides that the obligations of agricultural workers who are members of these associations include the provision of services for the common enterprise, the payment of a single or regular contribution, the provision of agricultural or livestock products and the observance of rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10).

The Committee takes due note of the Government’s statement in its latest report in which it reiterates that the above Decree has never been applied, that no texts have been issued for its application since its adoption and that it is urgent to specifically repeal the Decree. In this respect, the Committee requests the Government to forward it the text repealing the Decree as soon as it is adopted and, in the meantime, to keep it informed of any application of the abovementioned sections.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report does not reply to its previous comment. It must therefore repeat its previous observation which read as follows:

It recalls that its previous comments concerned the necessity to amend Legislative Decree No. 1/90 of 25 August 1967 on rural associations which imposes on agricultural workers certain obligations with regard to compulsory membership, compulsory contribution and the provision of agricultural or livestock products, all those obligations being contrary to the Convention.

The Committee had taken due note of the Government’s statement in its report for 1999, according to which the Decree in question was never applied since its promulgation. The Government also indicated that it was urgent to expressly repeal this Decree. In this regard, the Committee requests the Government to forward it the repealing text as soon as it is adopted.

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the information contained in the Government's report.

It recalls that its previous comments concerned the necessity to amend Legislative Decree No. 1/90 of 25 August 1967 on rural associations which imposes on agricultural workers certain obligations with regard to compulsory membership, compulsory contribution and the provision of agricultural or livestock products, all those obligations being contrary to the Convention.

The Committee takes due note of the Government's statement in its last report according to which the Decree in question was never applied since its promulgation. The Government also indicates that it is urgent to expressly repeal this Decree. In this regard, the Committee requests the Government to forward it the repealing text as soon as it is adopted.

[The Government is asked to report in detail in 2000.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that for the third year in succession the Government's report has not been received. It must therefore repeat its previous observations which read as follows:

The Committee notes that the Government had indicated in its previous reports that Legislative Decree No. 1/90 of 25 August 1967 respecting rural associations gives effect to the Convention. It also notes that this text provides that, in the case of public funding, the Minister of Agriculture may establish rural associations (section 1), the membership of such associations is compulsory (section 3) and that the associations' statues are established by the Minister (section 4). It also provides that the obligations of members of these associations include the performance of services in the interest of common enterprise, payment of a single or periodic contribution, the provision of agricultural or livestock products and the observance of rules of cultural or other discipline (section 7), and that failure to fulfil these obligations is punishable by seizure of the member's possessions (section 10). The Committee considers that the Legislative Decree respecting rural associations which imposes the above obligations on agricultural workers, does not give effect to the Convention. It therefore asks the Government in its next report to indicate the measures that have been taken or are contemplated to secure all those engaged in agriculture the same rights of association and combination as to industrial workers (Article 1 of the Convention).

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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 that the Government had indicated in its previous reports that Legislative Decree No. 1/90 of 25 August 1967 respecting rural associations gives effect to the Convention. It also notes that this text provides that, in the case of public funding, the Minister of Agriculture may establish rural associations (section 1), that membership of such associations is compulsory (section 3) and that the Associations' statues are established by the Minister (section 4). It also provides that the obligations of members of these associations include the performance of services in the interest of common enterprise, payment of a single or periodic contribution, the provision of agricultural or livestock products and the observance of rules of cultural or other discipline (section 7), and that failure to fulfil these obligations is punishable by seizure of the member's possessions (section 10). The Committee considers that the Legislative Decree respecting rural associations which imposes the above obligations on agricultural workers, does not give effect to the Convention. It therefore ask the Government in its next report to indicate the measure that have been taken or are contemplated to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers (Article 1 of the Convention).

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

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in previous direct requests, which read as follows:

The Committee notes that for several years the Government has indicated in its reports that Legislative Decree No. 1/90 of 25 August 1967 respecting rural associations gives effect to the Convention. It also notes that this text provides that, in the case of public funding, the Minister of Agriculture may establish rural associations (section 1), that membership of such associations is compulsory (section 3) and that the Associations' statues are established by the Minister (section 4). It also provides that the obligations of members of these associations include the performance of services in the interest of common enterprise, payment of a single or periodic contribution, the provision of agricultural or livestock products and the observance of rules of cultural or other discipline (section 7), and that failure to fulfil these obligations is punishable by seizure of the member's possessions (section 10).

The Committee considers that the Legislative Decree respecting rural associations which imposes the above obligations on agricultural workers, does not give effect to the Convention. It therefore ask the Government in its next report to indicate the measure that have been taken or are contemplated to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers (Article 1 of the Convention).

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that for several years the Government has indicated in its reports that Legislative Decree No. 1/90 of 25 August 1967 respecting rural associations gives effect to the Convention. It also notes that this text provides that, in the case of public funding, the Minister of Agriculture may establish rural associations (section 1), that membership of such associations is compulsory (section 3) and that the Associations' statutes are established by the Minister (section 4). It also provides that the obligations of members of these associations include the performance of services in the interest of the common enterprise, payment of a single or periodic contribution, the provision of agricultural or livestock products and the observance of rules of cultural or other discipline (section 7), and that failure to fulfil these obligations is punishable by seizure of the member's possessions (section 10).

The Committee considers that the Legislative Decree respecting rural associations which imposes the above obligations on agricultural workers, does not give effect to the Convention. It therefore asks the Government in its next report to indicate the measures that have been taken or are contemplated to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers (Article 1 of the Convention).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that for several years the Government has indicated in its reports that Legislative Decree No. 1/90 of 25 August 1967 respecting rural associations gives effect to the Convention. It also notes that this text provides that, in the case of public funding, the Minister of Agriculture may establish rural associations (section 1), that membership of such associations is compulsory (section 3) and that the Associations' statues are established by the Minister (section 4). It also provides that the obligations of members of these associations include the performance of services in the interest of common enterprise, payment of a single or periodic contribution, the provision of agricultural or livestock products and the observance of rules of cultural or other discipline (section 7), and that failure to fulfil these obligations is punishable by seizure of the member's possessions (section 10).

The Committee considers that the Legislative Decree respecting rural associations which imposes the above obligations on agricultural workers, does not give effect to the Convention. It therefore ask the Government in its next report to indicate the measure that have been taken or are contemplated to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers (Article 1 of the Convention).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the Government's report.

The Committee notes that for several years the Government has indicated in its reports that Legislative Decree No. 1/90 of 25 August 1967 respecting rural associations gives effect to the Convention. It also notes that this text provides that, in the case of public funding, the Minister of Agriculture may establish rural associations (section 1), that membership of such associations is compulsory (section 3) and that the associations' statutes are established by the Minister (section 4). It also provides that the obligations of members of these associations include the performance of services in the interest of the common enterprise, payment of a single or periodic contribution, the provision of agricultural or livestock products and the observance of rules of cultural or other discipline (section 7), and that failure to fulfil these obligations is punishable by seizure of the member's possessions (section 10).

The Committee observes that in its last report the Government states that the Minister of Agriculture is responsible for the application of the Legislative Decree, whereas the previous reports indicated that this text was not yet applied.

The Committee considers that the Legislative Decree respecting rural associations which imposes the above obligations on agricultural workers, does not give effect to the Convention. It therefore asks the Government in its next report to indicate the measures that have been taken or are contemplated to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers (Article 1 of the Convention).