Definitive Report - Report No 302, March 1996

1. 68. In a communication dated 1 June 1995 the Burundi Employers' Association (AEB) has presented a complaint alleging the violation of freedom of association rights in Burundi.
2. 69. The Government sent its observations in a communication dated 15 December 1995.
3. 70. Burundi has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87); it has not ratified the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 71. In its communication dated 1 June 1995 the AEB states that it is the only occupational organization representing Burundi employers in the meaning of national and international legislation.
2. 72. The AEB alleges that the Government of Burundi infringed the principles of freedom of association by failing to take into account its proposals when, by Decree No. 100/126 of 27 September 1993, it appointed the employers' member of the board of directors of the National Social Security Institute (INSS). The AEB claims that this irregularity is making it difficult to set up proper joint and tripartite bodies in Burundi and having a negative impact on the actual administration of the INSS.
3. 73. The AEB enclosed with its communication the list of candidates it proposed for a seat on the board of directors, a copy of Decree No. 100/126 of 27 September 1993 concerning the composition of the board of directors of the INSS and a copy of section 5 of Decree No. 100/034 of 26 February 1990 concerning the reorganization of the INSS.

B. The Government's reply

1. 74. In its communication dated 15 December 1995 the Government recalls that the Burundi Confederation of Free Trade Unions (CSB) had previously presented a complaint containing similar allegations (see Case No. 1753, 299th Report, paras. 54-70). It reiterates the arguments it put forward at the time, namely, that tripartite consultation and dialogue have already been undertaken with a view to reviewing the composition of the board of directors of the INSS in accordance with national and international labour standards.
2. 75. The Government adds that it was as a result of that consultation that Decree No. 100/176 of 28 November 1995 appointing the members of the board of directors of the INSS was signed and that it takes fully into account the candidatures put forward by the most representative employers' and workers' organizations.

C. The Committee's conclusions

1. 76. The Committee notes that the complaint alleges that the Government of Burundi did not take into account the proposals of the Burundi Employers' Association (AEB) when it appointed the members of the board of directors of the INSS. The Committee also notes that the events referred to are similar to those already examined in the context of an earlier complaint and invites the Government to refer to the conclusions and recommendations it adopted at that time (see Case No. 1753, 299th Report, paras. 66-70).
2. 77. The Committee recalls in particular that it has on several occasions considered that "it was not called upon to express an opinion as to the right of a particular organization to be invited to take part in consultative or joint bodies unless its exclusion constituted a clear case of discrimination affecting the principle of freedom of association. This was a matter to be determined by the Committee in the light of the facts of each given case" (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1985, para. 942, and Case No. 1753, 299th Report, para. 69). In other words, if the circumstances are such that an organization considered to be the most representative of workers or of employers in a country were prevented from taking part in joint and tripartite inter-occupational bodies for the economic sectors or branches of which it is representative, the Committee would then consider that the principles of freedom of association have been infringed. In the present instance, the Committee notes the Government's statement that the appointment of the members of the board of directors of the INSS by Decree No. 100/176 of 28 November 1995 takes into account the candidatures proposed by the most representative organizations of employers and workers.
3. 78. In the light of the foregoing, the Committee considers that the present case does not call for further examination.