ANALYTICAL REPORT OF THE BILL ON THE RATIFICATION BY THE REPUBLIC OF BURUNDI OF THE AGREEMENT ON THE RECRUITMENT OF WORKERS BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BURUNDI AND THE GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA. ISSUED BY THE STANDING COMMITTEE IN CHARGE OF SOCIAL, YOUTH, SPORTS AND CULTURE ISSUES

INTRODUCTION

On May 4, 2022, the senators members of the standing committee in charge of social, youth, sports and culture issues met to analyze the aforementioned bill.

The session was attended by the Minister of foreign affairs and development cooperation who represented the Government, to respond to the clarification questions of the senators members of the referred committee.

During the analysis of the bill, the following documents were used:

• the Constitution of the Republic of Burundi;
• the Agreement on the recruitment of workers between the Government of the Republic of Burundi and the Government of the Kingdom of Saudi Arabia signed on October 3, 2021 in Riyadh;
• the ratification bill in its Government version and its preamble;
• the ratification bill as adopted by the National Assembly.

This report includes the following points:

1. the introduction;
2. the relevance of the Agreement;
3. the content of the Agreement;
4. the questions put to the representative of the Government as well as the answers given and;
5. the conclusion.

RELEVANCE OF THE AGREEMENT

Well-coordinated manpower migration has a significant impact on the socio-economic development of countries of origin, transit or destination. Sending countries benefit from remittance flows and the transfer of investment, technology and essential skills when migrant workers return after completing their service.

The Government of the Republic of Burundi, aware of the advantages of migration but also anxious to meet the challenges that arise, is at work to regulate the movement of manpower through a binding legal framework with the countries of destination, among others the Kingdom of Saudi Arabia, for the benefit of migrant workers, employers and both countries.

It is for this reason that the Government of the Republic of Burundi and the Government of the Kingdom of Saudi Arabia signed two bilateral agreements, one of which being on the recruitment of workers, on October 3, 2021 in Riyadh, Saudi Arabia.

CONTENT OF THE AGREEMENT

The Agreement consists of 10 articles.

Article 1 deals with the signatory parties to the Agreement;

Article 2 concerns the objective of the Agreement which is the recruitment of   Burundian workers in Saudi Arabia, to protect their rights as well as the        rights of employers and to regulate the contractual relationship between    them;

Article 3 explains areas or aspects in which Burundi and Saudi Arabia must   cooperate in order to carry out successfully the work of regulating the     movement of workers and protecting their rights;

Articles 4 and 5 elucidate the responsibilities of each party for the proper        implementation of the Agreement;

Article 6 mentions a joint technical committee which has to be set up for the   monitoring and evaluation of the Agreement and proposing        recommendations if necessary;

Article 7 refers to the settlement of disputes that may arise regarding the         interpretation or implementation of this Agreement;

Article 8 concerns the amendment of this Agreement which may, not only be amended, but also revised at any time by mutual agreement;

Article 9 refers to the entry into force which is scheduled after the internal legal          requirements of the two parties;

Article 10 mentions the validity, duration and dissolution of the Agreement.

QUESTIONS POSED TO THE GOVERNMENT REPRESENTATIVE AND ANSWERS PROVIDED.

QUESTION 1

Article 3, point 5 talks about granting the contracting parties the right of recourse to the competent authorities in case of a contractual dispute, in accordance with the applicable laws, rules and regulations. Your Excellency, would you have an idea about ​​the types of contract according to the required areas of qualifications?

Answer

Employment contracts are compliant almost everywhere in the world regardless of the required areas of qualifications, as they refer to the fundamental International Conventions of the International Labour Organization (ILO). In addition, Saudi is a member of the International Labour Organization since 1976. However, some provisions may be subject to adjustments according to the laws and regulations of the country which will be accepted by the parties to the Agreement. In any case, the signing of the contract will be subject to mutual consent between the employer and the employee.

We have been able to have a standard work contract for domestic workers, which main clauses are, among others: job site, duration of the contract, monthly salary, trial period, a worker’s bank account, hours of rest, period of leave, accommodation, health costs, settlement of disputes arising from the employment contract, renewal of the contract, cessation of the contract, freedom of communication, the conditions of repatriation.

QUESTION 2

Article 4, point 2 says that the first party shall ensure that the welfare and rights of workers employed in the Kingdom of Saudi Arabia are promoted and protected in accordance with applicable laws and regulations. Your Excellency, what is provided for workers who die in Saudi Arabia?

Answer

Generally, the conclusion of bilateral agreements takes into account the mutual benefits of the signatory parties. Likewise, the two signatory parties to the Agreement must be based on the principle of sovereignty. To this end, when a Burundian migrant worker dies in Saudi Arabia, the two parties will have to work together to determine the cause of his death. If the investigation proves that the death was caused by his employer, the latter will be responsible for all costs relating either to the repatriation of the corpse or to their burial as well as the repatriation of their property.

Otherwise, the repatriation or burial will be the responsibility of the two parties who will mutually consent to each other in consultation with the deceased family. It should be noted that the Embassy will have to play a leading role in such cases. There will also be a way to use life insurance if both parties to the contract so wish.

QUESTION 3

In Article 5, points 1 and 3, it is stipulated that the second party to the Agreement must ensure, not only that the workers needed by the host country are qualified and medically fit, but also that future workers are trained for the appropriate tasks in specialized training centres and institutes. Your Excellency, would you like to tell us about the areas that will be concerned by these qualifications?

Answer

In all countries as in Saudi Arabia, they apply this principle: “For equal skills, local manpower is preferred”. This is what we also do at home. Saudi Arabia will not advertise noble jobs that require highly qualified people because it has them in sufficient number. On the labour market, there are small crafts such as domestic work, mechanics, masonry, hotels, etc. It is this kind of work that is concerned by our Burundian migrant workers. However, for all these activities, the potential worker must be trained in the subject to be able to do his job properly.

V. CONCLUSION

The Agreement on the recruitment of workers between the Government of the Republic of Burundi and the Government of the Kingdom of Saudi Arabia will strengthen cooperation in the recruitment of workers in such a way as to take into account the benefits of both countries and to guarantee the rights of the worker and the employer. Also, the ratification of this Agreement will allow Burundi to have a significant impact on socio-economic development. For all these reasons, the Standing Committee in charge of social, youth, sports and culture issues, which first of all endorses the amendments formulated by the National Assembly, asks the Senate plenary assembly to adopt this bill as presented.