Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 29 August 2023, 27 August 2024 and 28 August 2025, which reiterate those previously submitted.

Articles 2 and 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous request, the Government has provided detailed information on the number, geographic distribution and operation status of the consultation mechanisms. The Committee notes with interest that the National Social Dialogue Committee (CNDS) is now supported by a functioning Permanent Executive Secretariat (SEP) and that the social dialogue network covers the whole country through 17 provincial social dialogue committees and 13 sectoral social dialogue committees. However, from a reading of the content of the consultations held in these bodies, the Committee notes that they do not address the subjects covered in Article 5(1) of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that the issues covered in Article 5(1), are systematically included on the agenda of the CNDS or its subcommittees. It hopes that the Government’s next report will provide detailed information on the consultations held on the following points, some of which are detailed further below: (i) the Government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference; (ii) the proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the Constitution of the International Labour Organization; (iii)the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given to consider what measures might be taken to promote their implementation and ratification as appropriate; (iv) questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the International Labour Organization; and (v) proposals for the denunciation of ratified Conventions.

The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this matter.

Article 5(1)(b). Proposals to the competent authorities in connection with the submission of instruments. The Committee notes that COSYBU requests the submission to the competent authorities of the following instruments: Maritime Labour Convention, 2006, as amended (MLC, 2006); the Violence and Harassment Convention, 2019 (No. 190) and the Violence and Harassment Recommendation, 2019 (No. 206); the Safe and Healthy Working Environment (Consequential Amendments) Convention, 2023 (No. 191), and the Biological Hazards in the Working Environment Convention, 2025 (No. 192). In this respect, the Committee notes that Burundi is not up to date with regard to its obligation to submit the instruments adopted by the International Labour Conference to the competent authority and requests it to indicate the measures taken to ensure tripartite consultations in this area, in accordance with Article 5(1)(b) of the Convention, and refers also to its comments concerning the constitutional obligation of submission of the instruments adopted by the Conference to the competent authorities (Article 19 of the Constitution).

Article 5(1)(c). Re-examination of unratified Conventions and of Recommendations to promote their implementation and ratification. With regard to the consultations organized to re-examine the prospects for ratification of unratified ILO Conventions, the Committee notes the Government’s indication that some have already been submitted to the Council of Ministers and are currently before Parliament, while others are still being examined. It also notes that COSYBU continues to request the Government to organize consultations on the ratification of unratified ILO Conventions. It proposes the ratification of several instruments, particularly the two fundamental occupational safety and health (OSH) Conventions: the Occupational Safety and Health Convention, 1981 (No. 155) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), as well as the two governance Conventions which have not yet been ratified by the Government: Employment Policy Convention, 1964 (No. 122) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee requests the Government to provide information on the tripartite consultations held and, where relevant, the status of the examination procedures for the ratification of unratified Conventions, particularly the Conventions for which the Government indicated that the ratification process was under examination, in addition to those mentioned above, namely the two OSH fundamental Conventions, the two governance Conventions, and the 16 technical Conventions. It also requests the Government to specify whether the social partners have been consulted on the final proposals submitted to Parliament in this regard.

Article 4(1). Administrative support. In its previous comments, the Committee noted the absence of administrative support for consultation procedures. It notes the Government’s indication that this support has been secured by the CNDS. The Committee recalls that this support includes making meeting rooms available, correspondence and, where appropriate, the assistance of a secretariat. It also highlights that it is preferable that the competent authority assume responsibility for the financing of the procedures (2000 General Survey on Tripartite Consultation, paras 123 and 124). The Committee notes with interest the information provided by the Government that the CNDS has a Permanent Executive Secretariat (SEP/CNDS) with budget lines for its operation. The Committee requests the Government to specify whether this Secretariat is specifically responsible for ensuring the administrative support (meetings, preparing files, submitting reports) for the consultations required under Convention No. 144, and whether the resources allocated are sufficient to cover these specific activities in addition to the other functions of national social dialogue.

Article 4(2). Training for participants of consultations. The Committee notes the Government’s indication that the social partners are invited to participate in training provided by the CNDS, in particular on social dialogue, collective bargaining and the prevention and resolution of labour disputes. It observes, however, that this training does not cover the procedures specific to international labour standards (monitoring systems, reporting obligations, submission). Recalling that training is essential for effective consultations, the Committee requests the Government to indicate whether specific training on ILO standards is envisaged for the members of the CNDS, possibly with ILO technical assistance.

Article 6. Annual reports. The Committee notes the Government’s indication that the CNDS prepares activity reports that it submits every quarter to its members. The Committee requests the Government to provide extracts of these activity reports that specifically address issues relating to international labour standards, in order to enable it to examine the functioning of these procedures.