Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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 Nos 12 (worker’s compensation, agriculture), 17 (worker’s compensation) and 42 (occupational diseases, worker’s compensation, revised) together.

The Committee takes note of the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2025. It requests the Government to provide its comments in this regard.

Article 1 of Convention No. 12. Coverage of agricultural workers in the informal economy. The Committee notes the Government’s indication, in its report, that farmers are included in the categories of workers subject to all or part of one or more basic schemes or to supplementary and special schemes, as stipulated in section 21 of the Social Protection Code. The Committee observes that, under section 23(1) of the Social Protection Code, all workers subject to the provisions of the Labour Code are covered by the basic schemes, including the occupational risks scheme. It further observes that, under section 2(2) of the Labour Code, relations between workers and employers in the informal sector are also governed by the Code.

Article 6 of Convention No. 17 and Article 1 of Convention No. 42. Waiting period. The Committee previously noted that: (1) section 52 of the Social Security Code provides for a waiting period of 30 days for entitlement to employment injury benefit; (2) 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; and (3) this collective agreement has binding force and is broad in scope.

The Committee notes that the COSYBU, in its observations, urges the Government to bring its legislation into conformity with Article 6 of the Convention. The Committee notesthe lack of information provided by the Government in response to its previous requests and therefore once again requests the Government: (i) 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; and (ii) to indicate whether there is a requirement or a possibility for the employer to take out insurance to guarantee this payment.

Application in practice of Conventions Nos 12, 17 and 42. (1) Updating of the national list of occupational diseases. Further to its previous comments, the Committee duly notes the Government’s indication that a tripartite commission is currently revising the list of occupational diseases, with ILO support. The Committee requests the Government to provide information on any progress made in revising the list of occupational diseases in order to adapt it to the country’s current needs.

(2) Labour inspection. Noting the lack of information provided by the Government in response to its previous comments, the Committee once again requests the Government toprovide information onany 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 injuries and occupational diseases, including in the agricultural sector.

(3) Workers in the informal economy. The Committee notes that the Decent Work Country Programme (DWCP) for Burundi, which aims to extend social protection to people and workers not covered by the current social protection system, including those working in the informal and rural economy, has been extended until 2025. The Committee once again requests the Government to provide information on any practical measures taken or envisaged for the achievement of this objective, as well any other specific measures intended to provide required income protection and effective access to healthcare for all agricultural workers in the informal economy who suffer employment injuries.

Recommendations of the Standards Review Mechanism (SRM). The Committee recalls that, on the recommendation of the SRM Tripartite Working Group, the ILO Governing Body at its 346th Session, October–November 2022, confirmed the classification of Conventions Nos 17 and 42 as outdated instruments, and included an item for their abrogation or withdrawal on the agenda of the 121st Session (2033) of the International Labour Conference.

The Governing Body requested the Office to take follow-up action to actively encourage the ratification of up-to-date social security instruments, namely 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 to accept the obligations in its Part VI. The Committee encourages the Government to envisage ratifying the more up-to-date instruments in this subject area.