Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU) received on 29 August 2023 concerning matters addressed by the Committee, as well as some allegations of difficulties in registering informal sector trade unions. The Committee notes the Government’s indication that section 2 of the revised Labour Code (Act No. 1/11 of 24 November 2020) integrates the informal economy within the scope of a special law under discussion. Recalling that workers in the informal economy have the right, without prior authorization, to establish organizations of their own choosing, the Committee requests the Government to ensure that full effect is given to Article 2 of the Convention and to provide information on the adoption of the special law on working conditions in the informal economy.

The Committee notes the adoption of Act No. 1/03 of 8 February 2023 amending Act No. 1/28 of 23 August 2006 issuing the General Civil Service Regulations. The Committee notes in particular that under section 20(5) of the Act, “civil servants shall enjoy the right to organize and the right to strike which they shall exercise in strict accordance with the applicable law”. Recalling that its previous comments focus precisely on the need to revise Act No. 1/015 of 29 November 2002 on the exercise of the right to organize and the right to strike in the public service, the Committee notes with deep regret that the Government merely indicates in its report that the Act will be revised in the near future. Under these circumstances, the Committee finds itself obliged to recall the substance of its comments below.

Article 2 of the Convention. Minimum number of members required to establish a trade union. The requirement of a minimum of 50 members set out in section 8 of the Act is excessive.

Article 3. Minimum length of service for eligibility for trade union office. Section 10 of the Act requires a minimum length of service of three years in the occupation to be a trade union officer (the issue of a minimum service requirement for eligibility should be left to the discretion of organizations and their members).

Leadership dispute in a union. Section 7 of the Act provides that, in the event of a leadership dispute in a union, the Minister of the Public Service may refer the matter to the Administrative Chamber of the Supreme Court for settlement (the settlement of any internal dispute in a union should be left to the discretion of the union members themselves, without any intervention by the public authorities).

Lawfulness of a strike. Under section 30 of the Act, for a strike by public servants to be lawful, prior notification must be given specifying the length of the strike (this requirement limits the right of workers’ organizations to organize their administration and activities and to formulate their programmes in full freedom). Under section 31 of the Act, such a strike must be called by a group of public servants, whether or not they are unionized, after approval by an absolute majority of the personnel in the public service concerned (if a country deems it appropriate to require a vote by workers before a strike can be held, the requirement should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level).

Sympathy strikes. Section 39 of the Act provides that sympathy strikes are prohibited (in the Committee’s view, a general prohibition of sympathy strikes by public servants who do not exercise authority in the name of the State could lead to abuse).

Settlement of collective disputes. The procedure for the settlement of collective disputes established by sections 32–35 of the Act appears to result in a system of compulsory arbitration, with section 35 providing for the possibility for a party to unilaterally refer a dispute to the Administrative Court (recourse to compulsory arbitration to end a collective labour dispute or strike is only acceptable in certain circumstances, namely: (i) where agreed upon by both parties to the dispute; or (ii) where a strike may be restricted or prohibited, namely: (a) in disputes involving public servants exercising authority in the name of the State; (b) in disputes occurring in essential services in the strict sense of the term; or (c) in the event of an acute national crisis).

Article 5. The effect of section 21 of the Act in practice is that first-level organizations can only join central organizations or federations of unions of public servants, and not organizations representing other workers (such organizations should nevertheless be able to affiliate with federations and confederations of their own choosing, in full freedom, including those which also group together organizations from the private sector).

Recalling once again that it has been commenting for many years on the matters raised above, the Committee urges the Government to take the necessary steps to amend the aforementioned Act. The Committee reminds the Government that it may, if it wishes, request the technical assistance of the Office.