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.