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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 29 August 2023, which relate to matters examined in the present comment. The Committee also notes the indication by COSYBU that the situation of workers who are members of the Trade Union of Workers of the University of Burundi (STUB) has been regularized, unlike that of its President, who has still not been reinstated in his job, despite a court ruling in his favour. Recalling that the reinstatement of a worker dismissed by reason of trade union membership or legitimate trade union activities with retroactive compensation constitutes the most effective remedy for acts of anti-union discrimination (General Survey of 2012 on the fundamental Conventions, paragraph 182), the Committee requests the Government to provide updated information on the situation of the President of the STUB.

Revised Labour Code. The Committee notes the adoption of Act No. 1/11 of 24 November 2020 revising the Labour Code (revision of Legislative Decree No. 1/037 of 7 July 1993).

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 that the sanctions established by the Labour Code for acts of anti-union discrimination and interference were not dissuasive and expressed the hope that the respective provisions would be amended in the context of the revision. With reference to the allegations made by the COSYBU of cases of anti-union discrimination in various economic sectors, the Committee notes with regret that they have not been referred to in the Government’s comments. The Committee notes that, according to the Government, the principles protected by the Convention are applied by sections 588 and 589 of the revised Labour Code (which relate, respectively, to protection against acts of discrimination liable to prejudice freedom of association in relation to employment and protection against acts of interference), and section 20(1) of Act No. 1/03 of 8 February 2023 amending Act No. 1/28 of 23 August 2006 issuing the General Regulations of public employees (which include trade union activities among the prohibited grounds of discrimination). The Committee also notes that the COSYBU, in its observations, calls for the adoption of additional measures, including effective and dissuasive sanctions and particularly for measures to be taken to amend section 158 of the revised Labour Code, which provides that, where the reinstatement of a worker who has been unjustifiably dismissed is not possible, in the absence of agreement between the parties (section 157 of the new Labour Code): “damages and interest shall be calculated taking into account the seniority of the worker in the enterprise, the workers’ s age and salary (subsection 1). The amount to be paid by the employer to the unjustifiably dismissed worker shall correspond to one-third of the sum of the age and years of seniority multiplied by the last monthly remuneration (subsection 2). However, the amount of the damages and interest may not be higher than 36 months of the last remuneration (subsection 3)”. The COSYBU observes that the average compensation would be around 15 months’ salary, which in its view is very inadequate in relation to the damage suffered. The Committee recalls that the effectiveness of legal provisions prohibiting acts of anti-union discrimination depends not only on the effectiveness of the remedies envisaged, but also the sanctions provided for which should, in the view of the Committee, be effective and sufficiently dissuasive (General Survey of 2012 on the fundamental Conventions, paragraph 193). While reaffirming that the reinstatement of a worker dismissed by reason of trade union membership or legitimate trade union activities constitutes the most effective remedy for acts of anti-union discrimination, the Committee recalls that, when a country opts for a system of compensation, it considers that the compensation envisaged for anti-union discrimination should fulfil certain conditions, namely: (i) be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal; (ii) be adapted in accordance with the size of the enterprises concerned; and (iii) the amount be reviewed periodically (General Survey of 2012 on the fundamental Conventions, paragraphs 182 and 185). In light of the above and in order to be able to assess whether the revised Labour Code ensures adequate protection against anti-union dismissal within the meaning of Article 1 of the Convention, the Committee requests the Government to: (i) specify the method of calculating damages and interest established by section 158 of the revised Labour Code; and (ii) provide information on the application in practice of section 158 of the revised Labour Code.

Article 4. Promotion of collective bargaining. The Committee previously requested the Government to provide its comments on an allegation by the International Trade Union Confederation (ITUC) that section 224 of the Labour Code that was then in force authorized collective agreements with non-unionized workers and that section 227 of the Labour Code allowed interference by the authorities in collective bargaining. The Committee notes the Government’s indication that the revised Labour Code gives effect to the provisions of the Convention through sections 515 to 521. The Committee observes in this regard that: (i) section 515, which replaces section 224, provides that it is only in the absence of the most representative unions or federations that staff representatives on the enterprise council or workers can engage in collective bargaining; and (ii) section 520 of the Labour Code, which replaces section 227, provides that representatives of the labour administration shall participate in collective bargaining in an advisory capacity. While taking due note of the changes in the legislation, the Committee requests the Government to provide information on the application in practice of section 515 of the revised Labour Code, by specifying: (i) the manner in which the representative or most representative nature of a union organization is determined for the purposes of collective bargaining; and (ii) the number of collective agreements concluded by unions, and the number of collective agreements concluded by other actors under the terms of this section. The Committee also requests the Government to provide information on the application in practice of section 520 of the revised Labour Code concerning the role played by the representatives of the labour administration in collective bargaining.

The Committee further notes that the COSYBU: (i) reiterates that collective agreements have not been concluded in all sectors since 2012; (ii) once again denounces the suspension of the bonuses and allowances linked to the economic situation established in the national inter-occupational collective agreement of 3 April 1980 governing long-service bonuses; and (iii) reaffirms that an agreement signed with the Government on 23 February 2017 to re-establish regulations on the exercise of freedom of association and collective bargaining has still not been applied. The Committee also notes that, in its reply, the Government reiterates that the ways and means of implementing the agreement signed on 23 February 2017 are under examination. Recalling that mutual respect for commitments made in collective agreements is an important element of the right to collective bargaining (see General Survey of 2012 on the fundamental Conventions, paragraph 208), the Committee once again 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 the COSYBU concerning the suspension of the bonuses and allowances linked to the economic situation established in the national inter-occupational collective agreement of 3 April 1980. Noting the persistence of the divergent appraisals by the Government and the COSYBU regarding the implementation in practice of the right to engage in collective bargaining, the Committee also requests the Government to provide information on the measures adopted to encourage and promote collective bargaining and their impact. The Committee further requests the Government to provide detailed information on the collective agreements concluded, the sectors concerned and the number of workers covered.

Articles 4 and 6. Right of collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to provide detailed information on the measures adopted to promote collective bargaining by this category of workers, including in the context of the national wage policy. Noting with regret the absence of a response from the Government on this subject, the Committee requests it to ensure that information is provided on the measures adopted or envisaged to ensure that the organizations of public servants not engaged in the administration of the State have at their disposal machinery through which they can negotiate all of their terms and conditions of work and employment, including remuneration.

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 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.

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 notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, relating to matters examined by the Committee in the present comment, and containing allegations of anti-union discrimination. The Committee requests the Government to provide its comments with respect to these allegations.

The Committee notes with regret that no progress has been achieved in the application of the Convention and that the Government confines itself to indicating that the Committee’s comments will be taken into account in the context of the current revision of the relevant legislation and regulations.

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee previously emphasized the non dissuasive nature of the sanctions established by the Labour Code for acts of anti-union discrimination and interference. The Committee trusts that the respective provisions will be amended within the context of the revision of the Labour Code.

Article 4. Right to collective bargaining in practice. The Committee recalled previously that, although nothing in the Convention places a duty on the Government to ensure the application of collective bargaining through compulsory means in relation to the social partners, that does not mean that governments should refrain from taking any measures aimed at promoting collective bargaining mechanisms. The Committee once again requests the Government to provide information on the specific measures taken to promote collective bargaining, and to provide information of a practical nature on the situation with regard to collective bargaining, including the number of collective agreements concluded up to now, the sectors and the number of workers covered. The Committee hopes that the Government will be in a position to indicate substantial progress in its next report.

Articles 4 and 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee previously noted the Government’s indications that public servants participate in the determination of their terms and conditions of employment. According to the Government, their right of collective bargaining is recognized, for which reason agreements exist in the education and health sectors. In the case of public establishments and personalized administrations (enjoying legal personality and autonomy in management) employees participate in the determination of remuneration, as they are represented on the governing councils, and wage claims are submitted to employers by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest. In certain ministries, trade unions have obtained bonuses to supplement wages.

The Committee recalls that pursuant to Article 4 of the Convention, governments shall take measures appropriate to national conditions to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements. The Committee requests 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 requests the Government to provide information on any agreement on conditions of employment, including wages, concluded in the public sector.

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 notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, relating to matters examined by the Committee in the present comment, and containing allegations of anti-union discrimination. The Committee requests the Government to provide its comments with respect to these allegations.

The Committee notes with regret that no progress has been achieved in the application of the Convention and that the Government confines itself to indicating that the Committee’s comments will be taken into account in the context of the current revision of the relevant legislation and regulations.

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee previously emphasized the non dissuasive nature of the sanctions established by the Labour Code for acts of anti-union discrimination and interference. The Committee trusts that the respective provisions will be amended within the context of the revision of the Labour Code.

Article 4. Right to collective bargaining in practice. The Committee recalled previously that, although nothing in the Convention places a duty on the Government to ensure the application of collective bargaining through compulsory means in relation to the social partners, that does not mean that governments should refrain from taking any measures aimed at promoting collective bargaining mechanisms. The Committee once again requests the Government to provide information on the specific measures taken to promote collective bargaining, and to provide information of a practical nature on the situation with regard to collective bargaining, including the number of collective agreements concluded up to now, the sectors and the number of workers covered. The Committee hopes that the Government will be in a position to indicate substantial progress in its next report.

Articles 4 and 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee previously noted the Government’s indications that public servants participate in the determination of their terms and conditions of employment. According to the Government, their right of collective bargaining is recognized, for which reason agreements exist in the education and health sectors. In the case of public establishments and personalized administrations (enjoying legal personality and autonomy in management) employees participate in the determination of remuneration, as they are represented on the governing councils, and wage claims are submitted to employers by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest. In certain ministries, trade unions have obtained bonuses to supplement wages.

The Committee recalls that pursuant to Article 4 of the Convention, governments shall take measures appropriate to national conditions to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements. The Committee requests 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 requests the Government to provide information on any agreement on conditions of employment, including wages, concluded in the public sector.

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

The Committee notes the comments of the International Trade Union Confederation (ITUC) received on 1 September 2015. The Committee notes that the ITUC emphasizes that Article 227 of the Labour Code allows the authorities to interfere in collective bargaining and that, pursuant to Article 224 of the Code, collective agreements with non-unionized workers are allowed. The ITUC adds that compulsory arbitration can be imposed by the labour inspection in the context of collective bargaining. The Committee requests the Government to provide its comments in this respect.

The Committee also 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.

The Committee noted the observations submitted by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014, and by the Trade Union Confederation of Burundi (COSYBU) in a communication received on 26 September 2014 concerning the application of the Convention. The Committee requests the Government to provide its comments in this respect.

Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the sanctions established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its past comments, the Committee had noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee regrets that no amendments have been made to the legislation and, recalling the need to establish sufficiently dissuasive sanctions, hopes that the Government will be able to make the necessary amendments to the legislation in the near future in order to strengthen the sanctions. The Committee requests the Government to provide information on any progress achieved in this respect.

Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. The Committee noted that, according to the Government, it is for the social partners to take the initiative to propose collective agreements and that in practice they limit themselves to concluding enterprise agreements of which there are many in para-public enterprises. The Committee recalls that, although nothing in the Convention places a duty on the Government to enforce collective bargaining by compulsory means with the social partners, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism. The Committee had noted the launch of a capacity-building programme for the social partners and once again asks the Government to provide information on the precise measures adopted to promote collective bargaining, together with information of a practical nature on the situation with regard to collective bargaining and, in particular, to indicate the number of collective agreements concluded up to now and the sectors covered. The Committee hopes that the Government will be able to indicate substantial progress in its next report.

Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee previously requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee noted that the Government indicated that these provisions were still in force, but that, in practice, state employees participate in determining their terms and conditions of employment. According to the Government, they are aware of the right of collective bargaining, and this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest; in certain ministries, trade union organizations have obtained bonuses to supplement wages. The Committee once again asks the Government to take measures to align the legislation with practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

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 takes note of the observations submitted by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014, and by the Trade Union Confederation of Burundi (COSYBU) in a communication received on 26 September 2014 concerning the application of the Convention. The Committee requests the Government to provide its comments in this respect.

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

Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the sanctions established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its past comments, the Committee had noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee regrets that no amendments have been made to the legislation and, recalling the need to establish sufficiently dissuasive sanctions, hopes that the Government will be able to make the necessary amendments to the legislation in the near future in order to strengthen the sanctions. The Committee requests the Government to provide information on any progress achieved in this respect.

Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. The Committee noted that, according to the Government, it is for the social partners to take the initiative to propose collective agreements and that in practice they limit themselves to concluding enterprise agreements of which there are many in para-public enterprises. The Committee recalls that, although nothing in the Convention places a duty on the Government to enforce collective bargaining by compulsory means with the social partners, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism. The Committee had noted the launch of a capacity-building programme for the social partners and once again asks the Government to provide information on the precise measures adopted to promote collective bargaining, together with information of a practical nature on the situation with regard to collective bargaining and, in particular, to indicate the number of collective agreements concluded up to now and the sectors covered. The Committee hopes that the Government will be able to indicate substantial progress in its next report.

Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee previously requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee noted that the Government indicated that these provisions were still in force, but that, in practice, state employees participate in determining their terms and conditions of employment. According to the Government, they are aware of the right of collective bargaining, and this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest; in certain ministries, trade union organizations have obtained bonuses to supplement wages. The Committee once again asks the Government to take measures to align the legislation with practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

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 urges the Government to send its observations in response to the comments submitted by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of Burundi (COSYBU) concerning the application of the Convention.

Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the sanctions established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its past comments, the Committee had noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee regrets that no amendments have been made to the legislation and, recalling the need to establish sufficiently dissuasive sanctions, hopes that the Government will be able to make the necessary amendments to the legislation in the near future. The Committee requests the Government to keep the Office informed of any progress achieved in this respect.

Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. The Committee noted that, according to the Government, it is for the social partners to take the initiative to propose collective agreements and that in practice they limit themselves to concluding enterprise agreements of which there are many in para-public enterprises. The Committee recalls that, although nothing in the Convention places a duty on the Government to enforce collective bargaining by compulsory means with the social partners, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism. The Committee notes the launch of a capacity-building programme for the social partners and once again asks the Government to provide information on the precise measures adopted to promote collective bargaining, together with information of a practical nature on the situation with regard to collective bargaining and, in particular, to indicate the number of collective agreements concluded up to now and the sectors covered. The Committee hopes that the Government will be able to indicate substantial progress in its next report.

Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee previously requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee noted that the Government indicated that these provisions were still in force, but that, in practice, state employees participate in determining their terms and conditions of employment. According to the Government, they are aware of the right of collective bargaining, and this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest; in certain ministries, trade union organizations have obtained bonuses to supplement wages. The Committee once again asks the Government to take measures to align the legislation with practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

The Committee hopes that the Government will make every effort to take the necessary action in the very 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 urges the Government to send its observations in response to the comments submitted by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of Burundi (COSYBU) concerning the application of the Convention.

Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the sanctions established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its past comments, the Committee had noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee regrets that no amendments have been made to the legislation and, recalling the need to establish sufficiently dissuasive sanctions, hopes that the Government will be able to make the necessary amendments to the legislation in the near future. The Committee requests the Government to keep the Office informed of any progress achieved in this respect.

Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. The Committee noted that, according to the Government, it is for the social partners to take the initiative to propose collective agreements and that in practice they limit themselves to concluding enterprise agreements of which there are many in para-public enterprises. The Committee recalls that, although nothing in the Convention places a duty on the Government to enforce collective bargaining by compulsory means with the social partners, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism. The Committee notes the launch of a capacity-building programme for the social partners and once again asks the Government to provide information on the precise measures adopted to promote collective bargaining, together with information of a practical nature on the situation with regard to collective bargaining and, in particular, to indicate the number of collective agreements concluded up to now and the sectors covered. The Committee hopes that the Government will be able to indicate substantial progress in its next report.

Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee notes the shortcomings in social dialogue in the public service pointed out by the ITUC and the COSYBU. The Committee previously requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee noted that, in its reply, the Government indicated that these provisions were still in force, but that, in practice, state employees participate in determining their terms and conditions of employment. According to the Government, they are aware of the right of collective bargaining, and this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest; in certain ministries, trade union organizations have obtained bonuses to supplement wages. The Committee once again asks the Government to take measures to align the legislation with practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

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

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

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 urges the Government to send its observations in response to the comments submitted by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of Burundi (COSYBU) concerning the application of the Convention.

Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the sanctions established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its past comments, the Committee had noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee regrets that no amendments have been made to the legislation and, recalling the need to establish sufficiently dissuasive sanctions, hopes that the Government will be able to make the necessary amendments to the legislation in the near future. The Committee requests the Government to keep the Office informed of any progress achieved in this respect.

Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. The Committee noted that, according to the Government, it is for the social partners to take the initiative to propose collective agreements and that in practice they limit themselves to concluding enterprise agreements of which there are many in para-public enterprises. The Committee recalls that, although nothing in the Convention places a duty on the Government to enforce collective bargaining by compulsory means with the social partners, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism. The Committee notes the launch of a capacity-building programme for the social partners and once again asks the Government to provide information on the precise measures adopted to promote collective bargaining, together with information of a practical nature on the situation with regard to collective bargaining and, in particular, to indicate the number of collective agreements concluded up to now and the sectors covered. The Committee hopes that the Government will be able to indicate substantial progress in its next report.

Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee notes the shortcomings in social dialogue in the public service pointed out by the ITUC and the COSYBU. The Committee previously requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee noted that, in its reply, the Government indicated that these provisions were still in force, but that, in practice, state employees participate in determining their terms and conditions of employment. According to the Government, they are aware of the right of collective bargaining, and this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest; in certain ministries, trade union organizations have obtained bonuses to supplement wages. The Committee once again asks the Government to take measures to align the legislation with practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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 urges the Government to send its observations in response to the comments submitted by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of Burundi (COSYBU) concerning the application of the Convention.

Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the sanctions established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its past comments, the Committee had noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee regrets that no amendments have been made to the legislation and, recalling the need to establish sufficiently dissuasive sanctions, hopes that the Government will be able to make the necessary amendments to the legislation in the near future. The Committee requests the Government to keep the Office informed of any progress achieved in this respect.

Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. The Committee noted that, according to the Government, it is for the social partners to take the initiative to propose collective agreements and that in practice they limit themselves to concluding enterprise agreements of which there are many in para-public enterprises. The Committee recalls that, although nothing in the Convention places a duty on the Government to enforce collective bargaining by compulsory means with the social partners, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism. The Committee notes the launch of a capacity-building programme for the social partners and once again asks the Government to provide information on the precise measures adopted to promote collective bargaining, together with information of a practical nature on the situation with regard to collective bargaining and, in particular, to indicate the number of collective agreements concluded up to now and the sectors covered. The Committee hopes that the Government will be able to indicate substantial progress in its next report.

Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee notes the shortcomings in social dialogue in the public service pointed out by the ITUC and the COSYBU. The Committee previously requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee noted that, in its reply, the Government indicated that these provisions were still in force, but that, in practice, state employees participate in determining their terms and conditions of employment. According to the Government, they are aware of the right of collective bargaining, and this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest; in certain ministries, trade union organizations have obtained bonuses to supplement wages. The Committee once again asks the Government to take measures to align the legislation with practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee urges the Government to send its observations in response to the comments submitted by the International Trade Union Confederation (ITUC) and the Confederation of Trade Unions of Burundi (COSYBU) concerning the application of the Convention.

Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the sanctions established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its past comments, the Committee had noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee regrets that no amendments have been made to the legislation and, recalling the need to establish sufficiently dissuasive sanctions, hopes that the Government will be able to make the necessary amendments to the legislation in the near future. The Committee requests the Government to keep the Office informed of any progress achieved in this respect.

Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. The Committee noted that, according to the Government, it is for the social partners to take the initiative to propose collective agreements and that in practice they limit themselves to concluding enterprise agreements of which there are many in para-public enterprises. The Committee recalls that, although nothing in the Convention places a duty on the Government to enforce collective bargaining by compulsory means with the social partners, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism. The Committee notes the launch of a capacity-building programme for the social partners and once again asks the Government to provide information on the precise measures adopted to promote collective bargaining, together with information of a practical nature on the situation with regard to collective bargaining and, in particular, to indicate the number of collective agreements concluded up to now and the sectors covered. The Committee hopes that the Government will be able to indicate substantial progress in its next report.

Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee notes the shortcomings in social dialogue in the public service pointed out by the ITUC and the COSYBU. The Committee previously requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee noted that, in its reply, the Government indicated that these provisions were still in force, but that, in practice, state employees participate in determining their terms and conditions of employment. According to the Government, they are aware of the right of collective bargaining, and this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest; in certain ministries, trade union organizations have obtained bonuses to supplement wages. The Committee once again asks the Government to take measures to align the legislation with practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the comments of the International Trade Union Confederation (ITUC) received in August 2007, which refer to issues already examined and the fact that workers in the informal sector are deprived of trade union rights. The Committee notes the Government’s response to the 2006 comments of the Confederation of Trade Unions of Burundi (COSYBU) concerning the application of the Convention. The Committee urges the Government to send its observations in response to the comments of the ITUC.

Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the sanctions established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its past comments, the Committee noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee regrets that no amendments have been made to the legislation and, recalling the need to establish sufficiently dissuasive sanctions, hopes that the Government will be able to make the necessary amendments to the legislation in the near future. The Committee requests the Government to keep it informed of any progress achieved in this respect.

Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. The Committee notes that, according to the Government, it is for the social partners to take the initiative to propose collective agreements and that in practice they limit themselves to concluding enterprise agreements of which there are many in para-public enterprises. The Committee recalls that, although nothing in the Convention places a duty on the Government to enforce collective bargaining by compulsory means with the social partners, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism. The Committee notes the launch of a capacity-building programme for the social partners and once again asks the Government to provide information on the precise measures adopted to promote collective bargaining, together with information of a practical nature on the situation with regard to collective bargaining and, in particular, to indicate the number of collective agreements concluded up to now and the sectors covered. The Committee hopes that the Government will be able to indicate substantial progress in its next report.

Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee previously requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee noted that, in its reply, the Government indicated that these provisions were still in force, but that, in practice, state employees participate in determining their terms and conditions of employment. According to the Government, they are aware of the right of collective bargaining, and this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest; in certain ministries, trade union organizations have obtained bonuses to supplement wages. The Committee once again asks the Government to take measures to align the legislation with practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

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

The Committee notes the Government’s report.

1. Articles 1, 2 and 3 of the Convention. Non-dissuasive nature of the penalties established by the Labour Code for violations of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of employers’ and workers’ organizations against any acts of interference by each other) of the Convention. In its previous comments, the Committee noted that, according to the Government, the provisions in question would be amended with the collaboration of the social partners. The Committee notes the Government’s reply that no progress has been achieved with regard to the adoption of sufficiently dissuasive penalties but that, as social dialogue is the current Government’s priority, measures are to be envisaged in dialogue with the partners to ensure that dismissals, judicial, administrative and other types of procedures, transfers and imprisonment for the exercise of trade union activities do not occur again. Among these measures, there will be awareness raising with regard to Convention No. 98. The Committee regrets that no amendment has been made to the legislation and, recalling the need to establish sufficiently dissuasive penalties, hopes that the Government will be able to make the necessary amendments to the legislation in the near future. The Committee requests the Government to keep it informed of any progress achieved in this respect.

2. Article 4. Right of collective bargaining in practice. The Committee noted previously that there was only one collective agreement in Burundi. It notes the Government’s reply that no other collective agreements have been concluded in the sectors covered by the Labour Code, although there exist sectoral agreements in the public sector concluded between the Government and the trade unions of teachers and the Government and trade unions in the health sector. With regard to the measures adopted by the Government to promote collective bargaining, the Committee notes that, according to the Government’s report, the Ministry of Labour and Social Security and the social partners of Burundi requested the ILO-PRODIAF programme to carry out a mission to Bujumbura in July 2002. Furthermore, at the request of the partners in Burundi, the ILO-PRODIAF programme, the ILO Office in Kinshasa and the ILO Multidisciplinary Team for Central Africa organized two meetings and a workshop in October 2002 in collaboration with the Ministry of Labour and Social Security. With reference to the information for the year 2002, the Committee therefore once again requests the Government to provide information in its next report on the precise measures adopted to promote collective bargaining, and to continue providing it with information of a practical nature on the situation with regard to collective bargaining, and particularly the number of collective agreements concluded up to now and the sectors covered. The Committee expresses concern at the situation with regard to collective bargaining in the country and the very low number of collective agreements and it hopes that the Government will be able to indicate substantial progress in its next report.

3. Article 6. Right of collective bargaining for public servants not engaged in the administration of the State. In its previous comments, the Committee noted the observations made by the International Confederation of Free Trade Unions (ICFTU) that public sector wages are excluded from the scope of collective bargaining, inter alia, by national legislation, and it requested the Government to reply to the ICFTU’s observation by explaining exactly how the right to collective bargaining of all the personnel in public establishments and “personalized” administrations, including officials on secondment to them, was ensured. The Committee noted the Government’s reference to section 1 of Act No. 1/015 of 29 November 2002 regulating the exercise of the right to organize and the right to strike in the public service, which provides that all state employees have the right to associate freely in trade unions to promote and defend their occupational interests. However, it is not possible to ascertain from this legal provision whether wages and other conditions of work in the public sector as a whole are excluded from the scope of collective bargaining and the Committee requested the Government to provide information in this regard. The Committee regrets that the Government has not supplied the clarifications requested and asks it once again to provide them.

4. Moreover, recalling that the Convention applies to public employees who are not engaged in the administration of the State, the Committee requested the Government to specify whether provisions that imply restrictions on the scope of collective bargaining for the public service as a whole are still in force in Burundi, particularly as regards the determination of wages, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, which provides that, following approval by the relevant ministry, the governing councils of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing councils of public establishments draw up staff regulations for personalized administrations subject to the approval of the competent minister. The Committee notes that, in its reply, the Government indicates that these provisions are still in force, but that in practice state employees participate in determining their terms and conditions of employment. According to the Government, this is the reason for the existence of agreements in the education and health sectors. In the case of public establishments and personalized administrations, the employees participate in the determination of remuneration as they are represented on the governing councils, and wage claims are submitted to the employer by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest. The Committee requests the Government to take measures to align the law with national practice and, in particular, to amend section 45 of Legislative Decree No. 1/23 of 26 July 1988 and section 24 of Legislative Decree No. 1/24 so as to ensure that organizations of public servants and employees who are not engaged in the administration of the State can negotiate their wages and other terms and conditions of employment.

5. Finally, the Committee notes the comments made by the Confederation of Trade Unions of Burundi (COSYBU) of 15 November 2006 (received on 7 November 2006) on the implementation of the Convention, and requests the Government to send its reply thereon.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. The Committee also notes the general comments of 30 August 2005 sent by the Trade Union Confederation of Burundi (COSYBU) and asks the Government to reply to them.

1. Articles 1, 2 and 3 of the Convention. The Committee noted previously that the penalties set in the Labour Code for breach of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of workers’ and employers’ organizations against acts of interference by each other) of the Convention were not sufficiently dissuasive to ensure that these provisions were applied. The Committee noted that, according to the Government, the provisions in question were to be amended with cooperation from the social partners. COSYBU, in its comments, reported an absence of effective mechanisms to ensure protection against acts of anti-union discrimination. In its more recent comments, it refers to a number of acts of anti-union discrimination. The Committee hopes that the Government will be able to make the necessary amendments to its legislation in the near future and requests it to keep the Committee informed of any progress in this regard.

2. The Committee notes that in its comments COSYBU draws the Committee’s attention to several serious breaches of the Convention including dismissals or threats of dismissals, transfers and imprisonment of trade unionists for participation in trade union activities. The Committee recalls in this connection that the protection afforded to workers and trade union leaders against acts of anti-union discrimination constitutes an essential aspect of freedom of association (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 202). The Committee requests the Government to respond to COSYBU’s comments and to ensure that the Convention is being observed in the enterprises or institutions concerned.

3. Article 4. The Committee noted previously that according to the Government’s report there was only one collective agreement in Burundi. The Committee again requests the Government to provide information in its next report on the measures taken to promote collective bargaining, together with practical information on the state of progress of collective bargaining, particularly the number of collective agreements concluded to date and the sectors of activity concerned.

4. Article 6. The Committee previously took note of the International Confederation of Free Trade Unions’ (ICFTU) assertion that public sector wages are excluded, inter alia, by the national legislation, from the scope of collective bargaining, and asked the Government to reply to that observation and to explain exactly how the right to collective bargaining of all staff in public establishments and "personalized" administrations, including persons on secondment to them, was ensured. The Committee noted that the Government referred to section 1 of Act No. 1/015 of 29 November 2002 regulating the exercise of the right to organize and the right to strike in the public service, which provides that all state employees have the right to associate freely in trade unions in order to promote and protect their occupational interests. The Committee observes that it is not possible to ascertain from this provision whether wages and other conditions of work in the public sector are excluded from the scope of collective bargaining, and requests the Government to provide information in this regard.

5. The Committee reminds the Government that the Convention applies to public employees who are not engaged in the administration of the State, and requests the Government to specify whether there are still provisions in force that imply restrictions on the scope of collective bargaining for the public service as a whole in Burundi, particularly as regards wage fixing, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988, providing that following approval by the relevant ministry the governing bodies of public establishments set the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24, which provides that governing bodies of public establishments draw up staff regulations of personalized administrations subject to the approval of the competent minister. The Committee once again asks the Government to provide specific information on any agreement concluded in the public sector on conditions of employment, including wages.

The Committee hopes that a report will be submitted to the Committee for examination at its next session and that it will contain full information on the questions raised in its last direct request.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s report, and the observations of 5 May 2004 responding to the comments sent by the International Confederation of Free Trade Unions (ICFTU) on 26 March 2003, and those sent by the Trade Union Confederation of Burundi (COSYBU) on 3 November 2003.

Articles 1, 2 and 3 of the Convention. 1. In its previous comments, the Committee noted that the penalties for breach of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of workers’ and employers’ organizations against acts of interference by each other) of the Convention were not sufficiently dissuasive to ensure that these provisions are applied. The Committee notes that the Government’s report states that it shares the Committee’s concern and that the provisions in question will be amended with cooperation from the social partners. Noting that the observations of COSYBU indicate an absence of effective mechanisms to ensure protection against acts of anti-union discrimination, the Committee hopes that the Government will be able to make the necessary amendments to its legislation in the near future and requests it to keep the Committee informed in this regard.

2. The Committee further notes that in its observations, COSYBU draws the Committee’s attention to several major breaches of the Convention such as dismissals, transfers and prison sentences of trade unionists for participation in trade union activities. The Committee notes that the Government’s observations of 5 May 2004 do not reply to the above comment other than to indicate that the courts are currently hearing a complaint filed by the Chairman of COSYBU. Recalling that the protection afforded to workers and trade union officials against acts of anti-union discrimination constitutes an essential aspect of freedom of association (see General Survey on freedom of association and collective bargaining, 1994, paragraph 202), the Committee requests the Government to reply to COSYBU’s comments and to ensure that the Convention is observed in the enterprises or institutions concerned.

Article 4. The Committee notes that although in earlier reports the Government indicated that the situation should change for the better since some 30 trade unions and two federations had already been registered, the Government’s latest report indicates again that there is only one collective agreement in Burundi. The Committee therefore asks the Government once again to provide information in its next report on the measures taken to promote collective bargaining and to send practical information on the current status of collective bargaining, in particular the number of collective agreements concluded to date and the sectors of activity concerned.

Article 6. In its previous comments, the Committee noted that, according to the ICFTU, public sector wages are excluded, by the national legislation in particular, from the scope of collective bargaining, and asked the Government to reply to the ICFTU’s assertion and to explain exactly how the right to collective bargaining of all staff in public establishments and "personalized" administrations including persons on secondment to them was ensured. The Committee notes that the Government refers to section 1 of Act No. 1/015 of 29 November 2002 issuing regulations on the exercise of the right to organize and the right to strike in the public service, which provides that all employees of the State have the right to associate freely in trade unions in order to promote and protect their occupational interests. The Committee observes that it is not possible to ascertain from this provision whether wages and other conditions of work in the public sector as a whole are excluded from the scope of collective bargaining, and requests the Government to provide information in this regard.

Recalling that the Convention applies to public employees who are not engaged in the administration of the State, the Committee requests the Government to specify whether there are still provisions in force that imply restrictions on the scope of collective bargaining for the public service as a whole in Burundi, particularly as regards wage fixing, such as: (1) section 45 of Legislative Decree No. 1/23 of 26 July 1988 providing that the governing bodies of public establishments set, following approval by the relevant ministry, the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal; and (2) section 24 of Legislative Decree No. 1/24 which provides that governing bodies of public establishments shall draw up staff regulations of "personalized" administrations subject to the approval of the competent minister. Lastly, the Committee requests the Government to provide specific information on any agreements concluded in the public sector on terms and conditions of employment, including wages.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments. It also notes that the International Confederation of Free Trade Unions (ICFTU) sent comments on 26 March to which the Government has not as yet replied. The Committee also requests the Government to send its response to the comments made by the Trade Union Confederation of Burundi (COSYBO).

Article 3 of the Convention. Penalties for acts of anti-union discrimination and acts of interference. In its previous comments, the Committee noted that the penalties established in the Labour Code for breach of Article 1 (protection of workers against acts of anti-union discrimination) and Article 2 (protection of workers’ and employers’ organizations against acts of interference by each other) of the Convention, were not sufficiently dissuasive to ensure the application of these provisions. In its report for 2001, the Government stated that having been developed in a liberal environment, the Labour Code attaches little importance to penalties since the parties prefer advice. The Committee recalls that, according to the Convention, workers must have adequate protection against all acts of anti-union discrimination in the course of their employment. Moreover, workers’ and employers’ organizations must have adequate protection against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration. Pointing out that the effectiveness of legal provisions depends to a large extent on the penalties and redress established for breach of them, the Committee again requests the Government to take the necessary steps to amend the legislation so as to make penalties more effective, and to keep it informed in this regard in its next report.

Article 4.  Promotion of collective bargaining. In its previous comments the Committee noted that, according to the Government, there was only one collective agreement in force but the situation should improve since some 30 trade unions and two central organizations had already been registered. The Committee requested the Government to keep it informed in that regard. It accordingly requests the Government once again to provide information in its next report on measures taken to promote collective bargaining, together with practical information on the current status of collective bargaining, in particular the number of collective agreements concluded to date and the sectors of activity concerned.

Article 6. Public servants. The Committee notes the ICFTU’s comments that public sector wages are excluded, by the national legislation in particular, from the scope of collective bargaining. The Committee notes in this connection the entry into force of Act No. 1/015 of 29 November 2002 regulating the exercise of the right to organize and the right to strike in the public service which, together with Legislative Decree No. 1/008 of 6 June 1998 issuing the Civil Service Regulations, governs the status of state employees. The Committee furthermore recalls that the staff of public establishments and "personalized" administrations are governed, respectively, by Legislative Decree No. 1/23 of 26 July 1988 and Legislative Decree No. 1/24 of 13 July 1989. The above staff comprises officials seconded from the public administration and temporary and permanent officials. Section 45 of Legislative Decree No. 1/23 provides that the governing bodies of public establishments set, following approval by the relevant ministry, the level of remuneration for permanent and temporary posts and determine the conditions for appointment and dismissal. Legislative Decree No. 1/24 provides, in section 24, that governing bodies establish the regulations of the staff of "personalized" administrations subject to the approval of the competent minister.

The Committee recalls that the Convention does not apply to public servants engaged in the administration of the State (for example, officials of ministries and other similar government bodies, and their auxiliaries). However, other public officials and employees (such as those employed in public enterprises or independent public institutions) should be able to negotiate collectively their conditions of employment, including wages. In these circumstances, the Committee requests the Government to reply to the ICFTU’s observation concerning the exclusion of wage issues from collective bargaining in the public sector, and to explain precisely how the right to collective bargaining of all staff in public establishments and "personalized" administrations, including officials seconded to them, is ensured. The Committee requests the Government to provide specific details of any agreements concluded in the public sector on conditions of employment, including wages.

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

The Committee notes the Government’s report.

Article 3 of the Convention. In its previous comments, the Committee noted that the penalties provided for by the Labour Code in cases of violation of Articles 1 and 2 of the Convention were not sufficiently dissuasive to guarantee their application. The Government indicates in its report that the Labour Code, which was developed in a liberal environment, does not attach great importance to penalties, since the parties prefer advice. However, the Committee recalls that, under the terms of the Convention, workers shall enjoy adequate protection against acts of anti-union discrimination and that workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other. Since the effectiveness of legislative provisions depends largely on the penalties and recourse envisaged, the Committee once again requests the Government to take the necessary measures to amend the legislation in this respect and to keep it informed in this regard in its next report.

Article 4. The Committee had previously requested the Government to indicate whether federations of trade unions have the right to negotiate collective agreements. The Government states that collective agreements are negotiated by the representatives of federations of trade unions and employers, under the terms of section 224 of the Labour Code. The Committee notes this information.

Article 6. The Committee had previously requested additional information on the legal regime of personnel in public establishments and "personalized" administrations, and particularly whether these workers are entitled to the guarantees provided for under the Convention, with an indication of the corresponding legislative texts. The Government states in its report that public establishments and "personalized" administrations are governed respectively by Legislative Decree No. 1/23 of 26 July 1998 and Legislative Decree No. 1/024 of 13 July 1989 with regard to their organization and administration, and by section 14 of the Labour Code with regard to the management of personnel: as such, these workers are entitled to the guarantees provided for under the Convention. The Committee notes this information.

Furthermore, the Committee notes that, according to the Government, a single collective agreement is in force, but that the situation should develop positively, since some 30 trade unions and two central organizations have already been registered. The Committee requests the Government to keep it informed in this regard.

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

The Committee notes the Government's first report.

Article 3 of the Convention. The Committee notes that the penalties provided for by the Labour Code in cases of violation of Articles 1 and 2 are not sufficiently dissuasive to guarantee their application, since the amounts of the fines vary from an amount equivalent to 4 to 32 US dollars.

Article 4. The Committee refers to its comments under Convention No. 87 regarding the Chapter of the Labour Code on compulsory arbitration.

The Committee also asks the Government to indicate whether federations of trade unions have the right to negotiate collective agreements.

Article 6. The Committee notes that Legislative Decree No. 1/008 of 8 June 1998, section 3, rules that the personnel of public establishments and "personalized" administrations are subject to a special legal regime. The Committee requests the Government to supply additional information on this regime, in particular whether these workers are entitled to the guarantees provided under the Convention, with an indication of the corresponding legislative texts.

The Committee expresses the hope that the Government will take the necessary measures to bring its legislation into full conformity with the provisions of the Convention and requests the Government to keep it informed of all developments in this connection.