Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Burundi (Ratification: 1993)

The Committee takes note of the Government's report received in the first half of 2020 and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also notes the observations of the Trade Union Confederation of Burundi (COSYBU) received in August 2019 and August 2020 on the issues examined in the present comment, as well as the Government's response thereon.

Revised Labour Code. The Committee notes the Government’s indication that a revised Labour Code has been adopted by the National Assembly and the Senate but has not yet been promulgated. Because the text of this revised Labour Code has not been sent to the Office, the Committee is not in a position to assess its conformity with the Convention. The Committee requests the Government to provide a copy of the adopted Labour Code.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Public officials. In its previous comments, the Committee noted the absence of regulations concerning the exercise of the right to organize of magistrates, which was behind the difficulties experienced in the registration of the Trade Union of Magistrates of Burundi (SYMABU). The Committee notes the Government’s indication that magistrates in Burundi are subject to the Magistrates’ Regulations, which do not contain any legal provisions providing a basis for how magistrates might organize. The Government states that, in order to rectify this regulatory gap, the Minister of Justice is due to set up a committee to revise the regulations, incorporating provisions relating to the exercise of the right to organize. The Committee requests the Government to ensure that the above-mentioned committee is established in the near future, to keep it informed of all progress made on the revision of the Magistrates’ Regulations in order to ensure that judges enjoy the guarantees provided for by the Convention, and to send a copy of the revised regulations once they have been adopted.

Minors. The Committee previously raised the question of the conformity of section 271 of the Labour Code – which provides that minors under 18 years of age may not join a trade union of their own choosing without the explicit authorization of their parents or guardians – with the Convention. The Committee notes that the Government does not provide any information on this matter in its report. It also notes that COSYBU indicates in its observations that the above-mentioned section is still in force. The Committee recalls that it emphasizes the need to guarantee that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, can exercise their trade union rights without parental authorization (see the 2012 General Survey on the fundamental Conventions, paragraph 78). The Committee requests the Government to take all necessary steps to amend section 271 of the Labour Code as part of the revision thereof.

Article 3. Election of trade union officers. The Committee recalls that it previously requested the Government to amend section 275(3) of the Labour Code, which provides that persons shall be barred from trade union office if they have been sentenced to more than six months’ imprisonment without suspension of sentence, even if their conviction is for an act which does not call into question their integrity and implies no real risk for the performance of trade union duties. The Committee also requested the Government to amend section 275(4) of the Labour Code – which provides that trade union leaders must have belonged to the occupation or trade for at least one year – to make the legislation more flexible by allowing persons who had previously worked in the occupation to stand for office or by lifting this requirement for a reasonable proportion of trade union officers. The Committee welcomes the Government’s statement that it recognizes the need to lift the requirement of belonging to the occupation for a reasonable proportion of trade union officers and that it will hold tripartite discussions on this subject. The Committee also notes COSYBU’s indication that the Government has not yet responded to these issues. The Committee once again requests the Government to take all necessary steps to amend section 275(3) and (4) of the Labour Code as part of the revision thereof. Hoping that it will be in a position to observe progress in this regard in the near future, the Committee requests the Government to keep it informed of the results of tripartite discussions on the subject of belonging to the occupation and any follow-up measures adopted.

Right of organizations to organize their activities and to formulate their programmes in full freedom. Procedures for the exercise of the right to strike. The Committee previously urged the Government to adopt and send the text of the regulations implementing the Labour Code in relation to procedures for exercising the right to strike. It also requested the Government to amend section 213 of the Labour Code, which provides that strikes are lawful when they are called with the approval of a simple majority of the employees of the workplace or enterprise (if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level). The Committee also noted that a decree-law prohibiting the exercise of the right to strike and also the right to demonstrate throughout the national territory during election periods had still not been repealed following the elections (trade unions must be able to fully exercise their right to organize in full freedom without interference from the public authorities). The Committee notes that the Government does not provide any information on these issues in its report. It also notes that COSYBU, which indicates that the Government has still not responded, continues to call for the adoption of the regulations implementing the Labour Code in relation to procedures for exercising the right to strike. Recalling once again the importance of the right to strike for promoting and defending the interests of unionized workers, the Committee expects the Government to take the necessary steps in the near future to adopt and communicate the regulations implementing the Labour Code in relation to procedures for exercising the right to strike, to amend section 213 of the Labour Code and to repeal the above-mentioned decree-law.

The Committee is raising other matters in a request addressed directly to the Government.