Interim Report - Report No 389, June 2019

Case No 3183 (Burundi) - Complaint date: 28-DEC-15 - Follow-up

Allegations: The complainant organization denounces the anti-union dismissal and the suspension of the employment contracts of members of the executive committee of the trade union of the telecommunications enterprise

1. 150. The Committee last examined the complaint brought by the Confederation of Free Trade Unions of Burundi (CSB) at its meeting in June 2018 and on that occasion presented another interim report to the Governing Body [see 386th Report, approved by the Governing Body at its 333rd Session (June 2018), paras 149–159].
2. 151. The Committee has been obliged to postpone its examination of this case twice, in the absence of a reply from the Government. At its meeting in March 2019, the Committee expressed its regret with regard to the continuing lack of cooperation and indicated to the Government that it would present a report on the substance of the case at its next meeting, even if the information or observations requested were not received on time. On 24 May 2019, the Government submitted a communication simply stating that it would provide information on the case.
3. 152. Burundi has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 153. In its previous examination of the case, in June 2018, the Committee made the following recommendations [see 386th Report, para. 159]:
   • (a) The Committee deeply regrets the fact that the Government has not replied specifically to the allegations, even though it has been invited to do so several times, including through an urgent appeal.
   • (b) The Committee requests the Government to provide copies of the decisions handed down by the courts concerned, as well as a copy of the pending decision from the Supreme Court and invites the complainant to provide any additional information it may have at its disposal. The Committee requests the Government to provide specific information on the situation of Messrs Alain Christophe Irakiza, Martin Floris Nahimana, Bernard Mdikabandi and Ms Bégnigne Nahimana, and that of Mr Alexis Bizimana and, as appropriate, to take the necessary remedial measures, including reinstatement.
   • (c) The Committee again urges the Government to ask the employers’ organizations concerned, if they so desire, to provide information so that it can be aware of their version of events and know the views of the enterprise concerned on the pending issues.

B. The Committee’s conclusions

1. 154. The Committee deplores that, despite the time that has elapsed since the presentation of the complaint, the Government has not provided the information it is expected to provide in response to the allegations made by the complainant organization and in response to the Committee’s recommendations, even though it has been asked to do so several times, including through urgent appeals, and even though a meeting to that effect was held, at the Committee’s request, with the Government delegation during the 107th Session of the International Labour Conference (May–June 2018). The Committee urges the Government to be more cooperative in the future.
2. 155. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for trade union rights in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, 1952, para. 31].
3. 156. The Committee recalls that the allegations of the CSB relate to the suspension and dismissal, in 2015, of trade union representatives of the SYTCOM trade union in the context of the merger of two telecommunications enterprises in Burundi, which resulted in a staff reduction process. The individuals concerned by the suspension measure are Mr Alain Christophe Irakiza, Mr Martin Floris Nahimana, Mr Bernard Mdikabandi and Ms Bégnigne Nahimana. According to the complainant organization, these suspensions follow the unfair dismissal of another member of the SYTCOM executive committee, Mr Alexis Bizimana.
4. 157. The Committee deplores that the Government has not been in a position to provide copies of the decisions handed down by the Labour Court and the Court of Appeal, which ruled in favour of the workers concerned, nor of the Supreme Court decision which it expects may be handed down. The Committee regrets that the complainant organization has also failed to provide additional information in support of its complaint and can only urge the Government to: (i) provide copies of the decisions handed down by the courts concerned, as well as a copy of the Supreme Court decision as soon as handed down; and (ii) provide specific information on the situation of Mr Alain Christophe Irakiza, Mr Martin Floris Nahimana, Mr Bernard Mdikabandi and Ms Bégnigne Nahimana, and that of Mr Alexis Bizimana and, as appropriate, to take the necessary remedial measures, including reinstatement. The Committee requests the complainant organization to provide any additional information that it may have at its disposal.

The Committee’s recommendations

1. 158. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deplores that, despite the time that has elapsed since the presentation of the complaint, the Government has not provided the information it is expected to provide in response to the allegations made by the complainant organization and in response to the Committee’s recommendations, even though it has been asked to do so several times, including through urgent appeals, and even though a meeting to that effect was held, at the Committee’s request, with the Government delegation during the 107th Session of the International Labour Conference (May–June 2018). The Committee urges the Government to be more cooperative in the future.
   • (b) In these circumstances, the Committee can only urge the Government to: (i) provide copies of the decisions handed down by the courts concerned, as well as a copy of the Supreme Court decision as soon as handed down; and (ii) provide specific information on the situation of Mr Alain Christophe Irakiza, Mr Martin Floris Nahimana, Mr Bernard Mdikabandi and Ms Bégnigne Nahimana, and that of Mr Alexis Bizimana and, as appropriate, to take the necessary remedial measures, including reinstatement. The Committee requests the complainant organization to provide any additional information that it may have at its disposal.
   • (c) The Committee once again urges the Government to ask the employers’ organizations concerned, if they so desire, to provide information so that it can be aware of their version of events and know the views of the enterprise concerned on the pending issues.
   • (d) The Committee invites the Government to avail itself of the technical assistance of the Office, if it so desires, in order to determine the appropriate measures to address these recommendations effectively.