Rapport intérimaire - Rapport No. 386, Juin 2018

1. 149. The Committee examined this case brought by the Confederation of Free Trade Unions of Burundi (CSB) at its meeting in March 2017 and on that occasion presented an interim report to the Governing Body [see 381st Report, approved by the Governing Body at its 329th Session (March 2017), paras 125 to 139].
2. 150. The Committee has been obliged to postpone its examination of the case twice, in the absence of any reply from the Government. At its meeting in March 2018, the Committee expressed regret at the Government’s persistent non-cooperation and, addressing the latter, indicated that a report would be presented on the substance of the matter at its next meeting, even if the information or observations requested had not been received on time. The Government provided summary information on 20 April 2018.
3. 151. In light of the lack of substantial information and given the time that has elapsed since the presentation of the complaint, the Committee asked its representatives to meet with members of the Government delegation at the 107th Session of the International Labour Conference (May–June 2018), in order to obtain detailed information on the measures taken with regard to the present case.
4. 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 March 2017, the Committee made the following recommendations [see 381st Report, para. 139]:
   • (a) The Committee deeply regrets that the Government has not replied to the allegations, even though it has been asked to do so several times, including through an urgent appeal, and requests it to reply as soon as possible.
   • (b) The Committee requests the Government to expedite an independent inquiry into the allegations concerning, in particular, the suspension of Mr Alain Christophe Irakiza, Mr Martin Floris Nahimana, Mr Bernard Mdikabandi and Ms Bégnigne Nahimana. If it is established that acts of anti-union discrimination have been committed, the Committee requests the Government to take the necessary measures of redress, including ensuring the reinstatement of the workers concerned without loss of pay. The Committee requests the Government to keep it informed of the measures taken in this regard and their results. It further requests the Government to provide full information on the situation of Mr Alexis Bizimana and, if necessary, to take the appropriate measures of redress.
   • (c) The Committee requests 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 Government’s reply

1. 154. In its communication dated 20 April 2018, the Government merely recalled the involvement since 2015 of the National Committee for Social Dialogue (CNDS) which considered that the suspension measures concerned were “not appropriate” and that the matter had been brought before the courts. According to the Government, the workers won their case at first instance and on appeal, but the employer subsequently appealed to the Supreme Court, which has not yet handed down its decision.

C. The Committee’s conclusions

1. 155. The Committee deeply regrets the fact that, despite the time that has elapsed since the presentation of the case, the Government has not provided specific information in response to the allegations made by the complainant organization, even though it has been asked to do so several times, including through urgent appeals.
2. 156. 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 ensure respect for this freedom in law and in practice. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments, on their side, will recognize the importance of presenting, for objective examination, detailed replies concerning allegations made against them [see First Report of the Committee, para. 31].
3. 157. The Committee recalls that the allegations of the CSB relate to the suspension and dismissal of trade union representatives from SYTCOM in the context of the merger of two telecommunications companies in Burundi, which resulted in a staff reduction process. The individuals concerned by the suspension measure are Messrs Alain Christophe Irakiza, Martin Floris Nahimana, Bernard Mdikabandi and Ms Bégnigne Nahimana. According to the complainant organization, this measure is in addition to the wrongful dismissal of another member of the executive board of SYTCOM, Mr Alexis Bizimana.
4. 158. The Committee notes that the Government, in its communication of 20 April 2018, indicates, without further details, that the Labour Court and the Court of Appeal have ruled in favour of the workers concerned and that the case is pending before the Supreme Court. Regretting the lack of detailed information from the Government, the Committee requests the latter 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 of Ms Bégnigne Nahimana, and that of Mr Alexis Bizimana and, as appropriate, to take the necessary remedial measures, including reinstatement.