Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre las cláusulas de trabajo (contratos celebrados por las autoridades públicas), 1949 (núm. 94) - Burundi (Ratificación : 1963)

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2025, which reproduce the statements made in June 2025 before the Conference Committee on the Application of Standards (CAS) by the Employer spokesperson and the national employers’ representative. It also notes the observations of the International Trade Union Confederation (ITUC), received on 2 September, which reproduce the statements made in June 2025 before the Conference Committee by the Worker spokesperson. Lastly, the Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2025, which reiterate the observations provided in August 2024.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

The Committee notes the detailed discussion that took place at the 113th Session of the International Labour Conference in June 2025 in the Committee on the Application of Standards (CAS) on the application of the Convention by Burundi, as well as the conclusions adopted. Taking the discussion into account, the CAS requested the Government to take effective and time-bound measures to:

• ensure the inclusion of labour clauses in all public contracts and provide a copy of the new general conditions governing contracts;
• indicate the measures planned or taken to ensure minimum conditions for workers employed under a public contract;
• strengthen labour inspection to guarantee compliance with labour clauses;
• respect social dialogue and collective bargaining, including when setting the terms of clauses to be included in public contracts; and
• address any pending requests from the Committee of Experts.

In conclusion, the Conference Committee requested the Government to avail itself of ILO technical assistance and to provide a detailed report on the measures taken to implement the above recommendations by 1 September 2025.

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the willingness expressed by the Government to take the necessary measures, through social dialogue, to give full effect to the provisions of the Convention. In this regard, it notes that the Ministry responsible for the drafting of reports on the application of ratified Conventions for submission to the ILO is considering holding a meeting with the social partners in order to dispel any misunderstandings concerning the application of the Convention.

Nevertheless, the Committee notes with regret that the Government’s report contains none of the specific information requested by the Conference or requested previously in the context of the supervision of the application of the Convention. The Committee recalls that it has been drawing the Government’s attention for many years to the need to align national law and practice with the requirements of the Convention. The Committee is therefore bound to reiterate its previous comments and expresses the firm hope that the Government will take the necessary measures, without further delay, to ensure the insertion, in all public contracts to which the Convention applies, of labour clauses in accordance with Article 2 of the Convention. The Committee also requests the Government to provide a copy of all new general conditions applicable to public contracts and indicate the measures taken or envisaged to ensure the minimum working conditions established by the Convention for workers employed under a public contract to which the Convention applies, once these have been adopted.

Lastly, the Committee reminds the Government that the Conference Committee on the Application of Standards invited it to avail itself of ILO technical assistance in this respect and trusts that the Government will take measures in this regard.