Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Burundi

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) (Ratification: 1963)
Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 1963)
Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) (Ratification: 1963)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions No. 12 (employment injury compensation, agriculture), No. 17 (employment injury compensation, accidents) and No. 42 (occupational disease compensation, revised) together.

Article 1 of Convention No. 12. Coverage of agricultural workers in the informal economy. In its previous comments on the application of Convention No. 12, the Committee requested the Government to provide information on the implementation of the objectives of the national social protection policy and to indicate whether any specific measures had been taken to extend coverage of employment injury compensation to agricultural workers in the informal economy. The Committee notes, according to the indications provided by the Government in its report, that agricultural workers in the informal economy are covered by non-contributory or universal sickness programmes, such as the medical assistance card (CAM), which give them access to care in the event of employment injury. Moreover, the Committee notes with interest the adoption of the new Social Protection Code, under the terms of Act No. 1/12 of 12 May 2020, which provides in section 23(6) that the scope of application of the basic scheme, including the occupational risks scheme, now includes economic operators in the informal sector among the categories of workers protected within the meaning of the law. The Committee requests the Government to indicate whether section 23(6) of the Social Protection Code of 2020 does indeed have the effect of extending the protection of the basic occupational risks scheme to all agricultural workers in the informal economy. It also requests the Government to provide any relevant information concerning the effect given in practice to this provision, including any statistical data available on the number of injuries and applications for compensation submitted by these workers.

The Committee further observes that the extension of social protection to populations and workers not covered by the current social protection system, including those engaged in the informal and rural economies, is one of the priorities of the Decent Work Country Programme (DWCP) 2020-2023 of Burundi. With this objective, it is planned, among other action, to develop a methodology and tools to help enterprises in the formal and informal economies to draw up labour contracts including social security registration. The Committee requests the Government to provide information on any measures adopted or planned for the achievement of this objective, as well any other specific measures intended to provide required income protection and effective access to health care for all agricultural workers in the informal economy who suffer injuries due to work or on the occasion of work.

Article 6 of Convention No. 17 and Article 1 of Convention No. 42. Waiting period. In its previous comment on the application of Convention No. 17, the Committee noted that the waiting period of 30 days for the provision of compensation to victims of employment injury was not in conformity with Article 6 of Convention No. 17, which provides that, in case of incapacity, compensation shall be paid not later than as from the fifth day after the accident, whether it is payable by the employer, an accident insurance institution or a sickness insurance institution. Noting that, in practice, compensation is paid by employers from the second until the 30th day after an accident, it requested the Government to continue providing information on any legislative amendments concerning the payment of employment injury benefits to workers who are victims of industrial accidents as of the fifth day after the accident. The Committee also requested the Government to provide any information available on the manner in which employers in practice provide victims of employment injury with compensation until the 31st day following an industrial accident.

The Committee takes due note of the Government’s indications that the employer’s obligation to pay victims of employment injuries their full remuneration for the first 30 days of the resulting incapacity is set out in clause 30 of the national interoccupational collective agreement of 3 April 1980, under the terms of Title II, First Chapter, of Legislative Order No. 01/31 of 2 June 1966 issuing the Labour Code of Burundi. The Committee notes that this collective agreement has binding force and is broad in scope, as it applies to all workers in Burundi and all enterprises in the economic sectors specified in the agreement, namely agriculture, the extractive and manufacturing industries, construction and public works, public services, electricity, gas, water and sanitation, as well as transport, warehouses and communications. On the other hand, the Committee observes that the new Social Protection Code of 2020 still provides for a waiting period of 30 days for entitlement to employment injury benefit (sections 44 and 52). The Committee requests the Government to provide further information on the mechanisms that exist to ensure the application of clause 30 of the national interoccupational collective agreement, including any enforcement mechanism and any penalties applicable in the event of the failure by the employer to pay the remuneration due. The Committee also requests the Government to indicate whether there is a requirement or a possibility for the employer to take out insurance to guarantee the payment of the remuneration due to victims of employment injury during the first 30 days of incapacity and, in any case, beyond the fifth day after the accident causing the injury, in accordance with Article 6 of the Convention.

Application in practice of Conventions Nos 12, 17 and 42. (i) Updating of the national list of occupational diseases. In its previous comments on the application in practice of Convention No. 42, the Committee requested the Government to indicate whether there had been any follow up to the recommendations made by employers’ and workers’ organizations to review the list of occupational diseases in order to adapt it to current needs. The Committee notes the Government’s reply indicating that, under the terms of the new Social Protection Code of 2020, the list of occupational diseases, the procedures for updating it and the waiting periods shall be established by joint order of the Ministers of Public Health and of Social Protection within their fields of competence (section 47). The Government adds that the organizations of employers and workers that recommended the review of the list of occupational diseases are members of the National Social Protection Commission, a tripartite commission responsible for promoting and regulating the programmes of the National Social Protection Policy (section 1 of Decree No. 100/237 of 22 August 2012). The Committee encourages the Government to hold tripartite consultations, under the aegis of the National Social Protection Commission or another appropriate platform, in order to revise the list of occupational diseases to meet current needs, taking into account in particular the risks to which the workers of Burundi are exposed in the economic sectors covered by the national legislative framework. The Committee requests the Government to inform it of any measures adopted or envisaged in this respect, including any order issued under section 47 of the Social Protection Code of 2020.

(ii) Labour inspection. In its previous comments on the application of Convention No. 12, the Committee noted the difficulties facing the labour inspection services as a result of insufficient human and financial resources, as indicated by the Government, and requested the Government to provide information on the measures adopted or envisaged so that the labour inspection services can fulfil their mission. Moreover, in its previous comments on the application of Convention No. 42, the Committee requested the Government to envisage the adoption of further measures to improve the functioning of the system for the recognition of occupational diseases. The Committee notes the information provided by the Government in this respect, including the reassignment of around ten staff and officials from the General Directorate of Labour to the General Labour and Social Security Inspectorate, and the preparation of the report on the inspection services following several years in which it was not published. The Committee hopes that this reassignment will open the way for a reorganization and reallocation of resources with a view to improving the effectiveness of the inspection services in the detection and compensation of employment injury in practice. The Committee requests the Government to keep it informed of any other measures adopted or envisaged to reinforce the resources of the labour inspection services and ensure their effectiveness, particularly with regard to the reporting and compensation of employment accidents and occupational diseases, including in the agricultural sector. The Committee also requests the Government to forward the report of the inspection services when it is published, so that the Committee can assess the application in practice of the Conventions on employment injury compensation.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Conventions Nos 17 and 42 are in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations of its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefit. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 and/or Convention No. 102 (and accept its Part VI) as the most up-to-date instruments in this subject area