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--- countries:burundi [2026/03/05 05:09] – [PART 2 – Sector-Specific Regulation] charlton
+++ countries:burundi [2026/03/05 10:06] (current) – charlton
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 ====== Burundi ======
-===== INSTITUTIONS AND STAKEHOLDER DATABASE =====
+**Region:** Central / East Africa
+**Regional Economic Communities (REC):** COMESA · EAC · ECCAS
-==== REC MEMBERSHIP ====
+^ Indicator ^ Data ^
+| **Governance (IIAG)** | Score: 41.4 / 100 · Rank: 43 / 54 |
+| **Population** | 14,374,796 (June 2025 estimate based on UN data via Worldometer) |
+| **Informal Economy** | Approx. 35.3% of GDP |
+| **Estimated Informal Workforce** | ~95% |
-  * COMESA
+----
-  * EAC
-  * ECCAS
-==== Governance Indicators ====
+===== PART 1 – HIGH-LEVEL COUNTRY MAPPING =====
-  * [[https://iiag.online/locations/bi.html|Ibrahim Index of African Governance (IIAG)]] Overall Governance Score: 41.4 / 100
+==== Institutions and Stakeholder Database ====
-  * Rank: 43rd out of 54 countries
+(To be linked)
-==== Population and Informal Economy ====
+----
-The current population of Burundi is 14,374,796 (June 2025 estimate based on United Nations data via Worldometer).
+==== REC Membership ====
-The size of Burundi's informal economy is estimated at 35.3% of GDP (approximately USD 4 billion at GDP PPP levels).
+  * COMESA
+  * EAC
+  * ECCAS
-It is estimated that approximately 95% of Burundians work in the informal economy. This includes mainly small-scale agriculture, as well as services, industry, and trade. In the absence of formal employment opportunities, many young people work in the informal sector.
+----
-===== Nature of the Legal System and ILO Status =====
+==== Nature of the Legal System and ILO Status ====
-Burundi’s legal system is a mixed system combining elements of Belgian civil law and customary law.
+Burundi’s legal system is a mixed system combining elements of **Belgian civil law** and **customary law**.
-  * The Constitution is the supreme law.
+Key characteristics include:
+  * The **Constitution** is the supreme law.
   * Legislation, including presidential decrees, has binding authority.
   * International treaties must be ratified and incorporated into domestic law.
-  * Customary law plays a significant role, particularly in personal matters at local level.
+  * Customary law plays an important role, particularly in personal and community matters.
-Burundi has been a member of the International Labour Organization (ILO) since 1963.
+Burundi has been a member of the **International Labour Organization (ILO)** since **1963**.
-The country has ratified several ILO conventions, including:
+The country has ratified several **ILO conventions**, including those relating to:
-  * Conventions relating to fundamental rights at work
+  * Fundamental rights at work
-  * The right to organise and collective bargaining
+  * Freedom of association
-  * Conventions addressing the worst forms of child labour
+  * Collective bargaining
+  * Elimination of the worst forms of child labour
-Burundi has developed a Decent Work Country Programme (DWCP) 2020–2023, aligned with national development plans and aimed at mobilising resources for ILO-supported activities.
+Burundi also implemented a **Decent Work Country Programme (DWCP) 2020–2023**, aligned with national development strategies.
-===== Workers’ Rights in the Human Rights System, Labour Law and Social Protection =====
+----
-Burundi’s workers’ rights framework consists of constitutional protections, labour legislation, and ratified international and regional human rights instruments.
+==== Workers’ Rights in the Human Rights System, Labour Law and Social Protection ====
-Burundi has ratified key international and regional treaties, including:
+Burundi’s framework for workers’ rights includes **constitutional protections**, **labour legislation**, and **international human rights treaties**.
-  * ICCPR
+Burundi has ratified key instruments including:
-  * ICESCR
+  * International Covenant on Civil and Political Rights (ICCPR)
+  * International Covenant on Economic, Social and Cultural Rights (ICESCR)
   * African Charter on Human and Peoples’ Rights (ACHPR)
 These instruments recognise rights such as:
-  * The right to fair wages
+  * Fair wages
   * Safe and healthy working conditions
   * Freedom of association
+  * Collective bargaining
-Despite the existence of legal protections, enforcement challenges remain. Reports frequently highlight:
+Despite these protections, enforcement challenges remain. Reports frequently highlight:
   * Restrictions on freedom of association
@@ Line 63: / Line 74: @@
   * Low wages and poor working conditions
   * Limited access to justice
+----
 ==== Social Protection System ====
-Burundi’s social protection system is currently undergoing revision with a focus on:
+Burundi’s social protection system is undergoing reform aimed at:
   * Expanding coverage
-  * Improving coordination
+  * Improving coordination of programmes
   * Addressing poverty and vulnerability
-  * Integrating contributory and non-contributory programmes
+  * Integrating contributory and non-contributory schemes
-A key initiative is the establishment of a Unified Social Registry to improve targeting and resource allocation.
+A major initiative is the creation of a **Unified Social Registry**, designed to improve targeting of social assistance programmes.
-The ILO’s Global Flagship Programme on Building Social Protection Floors for All supports Burundi in extending social protection to informal workers by addressing:
+The **ILO Global Flagship Programme on Building Social Protection Floors for All** supports Burundi in extending social protection to informal workers by addressing:
   * Legal barriers
@@ Line 81: / Line 94: @@
   * Financial constraints
-The programme aims to develop sustainable social protection systems in line with ILO standards and the Sustainable Development Goals.
+----
-===== Protection of Workers in the Informal Economy =====
+==== Protection of Workers in the Informal Economy ====
-Burundi has taken steps to align labour law with international standards and extend protection to informal workers.
+Burundi has begun aligning labour legislation with international labour standards in order to extend protections to informal workers.
-==== 2020 Labour Code ====
+===== Labour Code (2020) =====
-The 2020 Labour Code forms part of broader reform efforts. Although a large proportion of workers remain in informal employment, especially in agriculture and related sectors, the government is working toward integration into formal systems and improved access to social protection.
+The **Labour Code of 2020** forms part of broader labour law reform efforts.
-==== Social Protection Code (2020) ====
+Although a large share of the workforce remains in informal employment — particularly in agriculture — the government is pursuing policies aimed at:
-The Social Protection Code of 2020 provides for:
+  * Integration into formal systems
+  * Expansion of labour protections
+  * Improved access to social protection
+===== Social Protection Code (2020) =====
+The **Social Protection Code (Act No. 1/12 of 12 May 2020)** provides for:
   * Financing of non-contributory social protection schemes
-  * Establishment of a dedicated social protection fund
+  * Establishment of a dedicated national social protection fund
+===== Decent Work Country Programme (DWCP) 2020–2023 =====
+Key priorities include:
+  * Extending social security coverage
+  * Including workers in rural and informal economies
+----
+===== PART 2 – SECTOR-SPECIFIC REGULATION =====
+==== Domestic Work ====
+**Burundi**
+• **Labour Code (Act No. 1/11 of 24 November 2020 revising Legislative Decree No. 1/037 of 7 July 1993)**
+Relations between domestic and informal sector workers and employers are governed by the Labour Code within the limits of specific legislation applicable to them.
+The employment and working conditions of domestic servants employed by households are governed by a **special law** (Art. 3(2) of the Labour Code).
+• **Act No. 1/18 of 18 May 2022**
+Ratifies the agreement between the Government of Burundi and the Government of the Kingdom of Saudi Arabia on the recruitment of domestic workers.
+----
+==== Street Vendors ====
+**Burundi**
+• **Commercial Code (Act No. 1/07 of 26 April 2010)**
+A street vendor is defined as a retailer who moves from place to place within the national territory for a limited period in order to carry out commercial activity whose turnover does not exceed a threshold determined by ministerial order.
+Street vendors:
+  * Are **exempt from registration in the Trade Register**
+  * Must obtain a **street vendor identification number** from the local authority (Art. 45).
+----
+==== Waste Reclaiming ====
+Burundi does not currently have legislation specifically regulating **informal waste reclaimers**.
+However, environmental legislation — including the **Environment Code** — addresses:
+  * Waste management
+  * Pollution prevention
+  * Hazardous material control
+These laws indirectly affect informal waste recovery activities.
+----
+==== Home Working ====
+Burundi does not have a separate legal framework specifically regulating **remote work**.
+However, the **Labour Code recognises home-working contracts** where work is performed outside the employer’s premises.
+Key features include:
+  * Contracts must be **in writing**
+  * They may be **fixed-term or indefinite**
+  * Home workers must receive **the same labour protections and social protection** as workers employed on company premises.
+----
+==== Gig Work and the Platform Economy (“Self-Employed Sector”) ====
+**Ministerial Order No. 620/57 of 20 March 1984**
+Introduces a **medical assistance card** available on a voluntary basis to Burundians aged 21 and above working in the self-employed sector.
+**Social Protection Code (Act No. 1/12 of 12 May 2020)**
+Defines:
+  * **Insured persons** as individuals covered against social risks, including employees and self-employed persons.
+  * **Self-employed persons** as freelancers who operate their own economic activities.
+The social protection framework includes coverage for members of independent and liberal professions.
+----
+==== Farm Work ====
+Agricultural work in Burundi is governed by a combination of:
+  * National labour legislation
+  * Customary land tenure practices
+Women often face disadvantages in **land ownership and inheritance rights**.
+The **2020 Labour Code** and **Social Protection Code** aim to improve legal protection and social security coverage for rural workers.
+----
+==== Mining Sector and Artisanal Mining ====
+The principal legal framework governing mining in Burundi is:
+**Mining Code (Act No. 1/19 of 4 August 2023)**
+which amended **Act No. 1/21 of 15 October 2013**.
+The Code regulates:
+  * Prospecting
+  * Exploration
+  * Industrial mining
+  * Artisanal mining
+Important implementing regulations include:
+**Decree No. 100/193 of 16 June 2015**
+Mining regulations governing implementation of the Mining Code.
+**Decree No. 100/224 of 23 November 2023**
+Regulates:
+  * Artisanal mining
+  * Semi-mechanised mining
+  * Quarry exploitation
+  * Mineral resource extraction
+----
+==== Taxi and Transport Sector ====
+Self-employed taxi drivers in Burundi are subject to regulations concerning:
+  * Vehicle registration
+  * Safety standards
+  * Municipal licensing requirements
-==== Decent Work Country Programme (DWCP) 2020–2023 ====
+The **Ministry of Transport** oversees vehicle registration and compliance with operational standards.
-The DWCP prioritises:
+Taxi drivers may also fall within broader **labour law and social security frameworks applicable to self-employed workers**.
-  * Extension of social security coverage
+----
-  * Inclusion of workers in informal and rural economies
-===== PART 2 – Sector-Specific Regulation =====
+==== Cross-Border Informal Trade ====
-The following sectors are identified for analysis:
+Burundi has adopted measures to support and formalise cross-border trade, particularly with the **Democratic Republic of Congo (DRC)**.
- ==== Domestic Work ====
+Key initiatives include:
-Domestic workers in Burundi are regulated primarily through the **Labour Code (Act No. 1/11 of 24 November 2020 revising Legislative Decree No. 1/037 of 7 July 1993)**.
+**Simplified Trade Regime (STR)**
+Reduces customs barriers and simplifies procedures for small-scale traders.
-Key provisions include:
+**Joint Border Committees (JBCs)**
+Improve coordination between border authorities and traders.
-  * **Application of the Labour Code to informal and domestic work**
+**Bilateral Trade Agreement (April 2022)**
-    Relations between domestic workers, informal sector workers and their employers are governed by the Labour Code within the limits of specific legislation applicable to them.
+Between Burundi and the Democratic Republic of Congo, supporting improved cross-border trade governance.
-    (Art. 2(2) read with Art. 3(2) of the Labour Code).
-  * **Specific legislation governing domestic workers**
+These initiatives particularly benefit **small-scale traders and women traders**, improving access to regional markets.
-    The employment and working conditions of domestic servants who have an employment relationship with the householder are to be determined by a **special law**.
-    (Art. 3(2) of the Labour Code).
-  * **Bilateral agreement on migrant domestic workers**
+----
-    Burundi adopted **Act No. 1/18 of 18 May 2022**, ratifying the agreement between the Government of the Republic of Burundi and the Government of the Kingdom of Saudi Arabia concerning the recruitment of domestic workers.
-This agreement regulates the recruitment and protection of Burundian domestic workers employed abroad.
+===== Sources / Links =====
-[[burundi|Back to Burundi – High-Level Country Mapping]]
+  * Institutions and Stakeholder Database – Burundi (to be linked)
-  * Street Vendors
+  * IIAG – Burundi (to be linked)
-  * Waste Reclaiming
+  * Worldometer / UN Population Data (to be linked)
-  * Home Working
+  * ILO Country Profile and DWCP documentation (to be linked)
-  * Gig Work and the Platform Economy (“self-employed” sector)
-  * Farm Work
-  * Mining Sector and Artisanal Mining
-  * Taxi and Transport Sector (including gig/platform overlap)
-  * Cross-Border Informal Trade