Burundi - 2012
Capital: Bujumbura

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action.
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bujumbura

reported violations- 2012
Trade union rights in law
Despite basic trade union rights being recognised in the Constitution and the Labour Code, numerous excessive restrictions apply. All unions must have at least 50 members, and all union representatives must have worked in the sector for at least one year. Freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
in the public sector is regulated by Law No. 1/015 of 29 November 2002, which stipulates that for civil servants’ unions to be recognised, they must be registered with the Civil Service Ministry, which is their employer.
Although the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is guaranteed in the Labour Code, bargaining on wages is not possible in the public sector as the government sets wages.
Though the Constitution recognises the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, workers can only go on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
when, and if, the Ministry of Labour and Social Security says it is satisfied that they have exhausted all other means of dispute resolution. This effectively gives the Ministry the power to veto all strikes. Finally, in the public sector, solidarity strikes are prohibited, and the government can requisition
requisition
To issue back-to-work orders.
striking workers.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
- >The right to freedom of association is regulated by law.
The right to organise and the right to strike in the civil service are regulated by Law No. 1/015 of 29 November 2002. The national trade union centre COSYBU says that this law contains many violations of the freedom of association and the right to strike.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Le Code du travail ne prévoit pas de sanctions dissuasives contre les actes de discrimination antisyndicale.
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- Law No. 1/015 of 29 November 2002, which regulates the right to organise and the right to strike, stipulates that for civil servants' unions to be recognised, they must be registered with the Civil Service Ministry, which is their employer.
- >Excessive representativity or minimum number of members required for the establishment of a union
- Unions must have a minimum of 50 members.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Those wanting to stand for union office must have worked in the sector for more than a year. The government has promised to amend this clause.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Police
- The police are not allowed to form trade unions.
- >Other civil servants and public employees
- Public sector employees and magistrates are not allowed to form trade unions.
- >Others categories
- There are restrictions for workers under 18 years of age who can only join a union with permission from their guardians or parents, although the government has promised to amend this clause.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised in the Labour Law.
The right to organise and the right to strike in the civil service are regulated by Law No. 1/015 of 29 November 2002. The national trade union centre COSYBU says that this law contains many violations of freedom of association and the right to strike.
Restrictions
Legal barriers to lawful strike actions:
- >Previous authorisation or approval by authorities required to hold a lawful strike
- Workers can go on strike, but only when, and if, the Ministry of Labour and Social Security says it is satisfied that they have exhausted all other peaceful means to resolve a dispute, effectively giving the Ministry the power to veto all strikes.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- Law No. 1/015 of 29 November 2002, which regulates the right to organise and the right to strike, bans solidarity strikes, for instance.
Limitations or ban on strikes in certain sectors:
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
- Law No. 1/015 of 29 November 2002, which regulates the right to organise and the right to strike, permits requisition orders in the event of strike action.
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bujumbura

reported violations - 2012
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bujumbura

reported violations - 2012
Violations
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action held from 3 to 8 November. The national radio and television workers’ union Syndicat des travailleurs de la radio télévision nationale (SYRT) sent a letter to the President of the Republic denouncing the campaign of intimidation and repression being waged by the director, who was transferring workers and dismissing department heads. The director moreover admitted to having sent a letter to the National Intelligence Service accusing the strikers of trying to subvert and destabilise institutions.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike launched in mid October without having managed to secure their demands for more independence and better working conditions. The Justice Minister had threatened to take punitive measures against magistrates refusing to return to work. The magistrates’ union Syndicat des magistrats du Burundi (SYMABU) denounced these threats, as well as cuts in strikers’ pay, even for periods worked. This was the third magistrates’ strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike since the start of 2011.
The two main trade union centres, the Confederation des syndicats du Burundi (COSYBU) and Confédération syndicale du Burundi (CSB), have for many years been denouncing the constant government interference in trade union affairs. Trade unions with close ties to the ruling party have been set up in the health and education sectors. Workers are repeatedly harassed by their employers to join the ruling party and these new organisations that have been created and receive funding to weaken the trade union movement.
In February, when four teaching unions, CONAPES, SLEB, STEB and SYNAPEP, called on their members to take part in a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, the two new unions, SEEPBU and SIPESBU, formed in 2010, called on their members to boycott
boycott
A collective refusal to buy or use the goods or services of an employer to express disapproval with its practices. Primary boycotts are used to put direct pressure on an employer, while a secondary boycott involves the refusal to deal with a neutral employer with the view of dissuading it from patronising the target employer.
it. The four legitimate unions came out in opposition to a programme to redeploy teachers around the country, which they believe is above all designed to destabilise the unions and disperse their members.
87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bujumbura
