In a meeting held on December 6 in Cibitoke province with communal administrators from several provinces, Thaddée Ndikumana, Minister of Public Service, informed the communal administrators that they are now the main employers of the commune. A worrying decision for the unions.

By Alphonse Yikeze and Rénovat Ndabashinze

“Any State employee, whether under contract or under statute, who works within the municipality, you, the administrator, are required to know the task he exercises which he must instruct you a report," said the Minister of Public Service, Labor and Employment.

According to Minister Ndikumana, the main employer in the commune is the administrator. "Our goal is that any employee of the State, whether under contract or under statute, is subject to the authority of the municipality".

In order to make the presence of the Civil Service effective within the municipality, the Minister informs the municipal administrators that they will be the employers of the employees from all the ministries.

According to Mr. Ndikumana, communal administrators will also have to inquire about the presence of state officials in their workplace (presence in particular for the salute of the flag).

For the new Minister of Labor and Employment, teachers, doctors, agricultural monitors… all will be accountable to municipal administrators and will be paid on the basis of their performance.

That's not all. State employees working within the municipality must each submit a report of their activity to the municipal administrator, who in turn forwards it to the governor. The latter is then responsible for transmitting said report to the minister supervising the employee.

According to Minister Thaddée Ndikumana, the monopoly of local authorities in the control of state officials calls for good governance. “Some wonder if such a teacher, owner of a grocery store, having abandoned his offspring, shows up at his place of work at the required times? This is also good governance”.

Next comes performance management. “If at the municipal level, all the establishments have an average of less than 50%, it would be necessary to ask whether the municipal administrator has grasped what performance management is”, wonders the minister before continuing. “The medical holder whose patients complain, what is his performance? What about such a veterinarian whose cows he is in charge of are in very bad shape, a deficiency in terms of crop remedies, so, basically, to inquire about the work done by state employees , that is the performance index”.

For Isaac Nyandwi, administrator of Rugazi commune (Bubanza Province), Minister Ndikumana's announcements will strengthen his power at the head of the commune. “The development of the municipality is based on all the activities that take place there. These new provisions will allow us to ensure absolute control of the tasks carried out in all areas”.

As for the administrator of Gihanga commune, Léopold Ndayisaba, he believes that these new prerogatives will enable him to implement communal projects and the national development program. “We will immediately hold meetings with the representatives of the various services to establish the dysfunctions, if there are any and then arrive at results”.

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Mélance Hakizimana: “An ambiguous discourse”

For Mélance Hakizimana, vice-president of the Trade Union Confederation of Burundi (COSYBU), the minister's communication is very ambiguous. Indeed, he explains, the commune is an administrative entity under the Ministry of the Interior, Community Development and Public Security.

This trade unionist says he does not understand how the administrator is going to evaluate all the civil servants residing in his commune. “Some don't even come under his ministry. Professionally, it's impossible to assess someone you don't monitor on a daily basis. »

If the ministry wants to do what is elsewhere called the communal civil service, it finds that it is not possible in Burundi. “The size of the country does not allow it. Burundi is not a federated country. “He explains that in countries like the DRC, Tanzania, we can decentralize several ministries down to the communal level.

Mr. Hakizimana indicates that with this speech by the Minister, the civil servant will now find himself with a double hierarchy: “His hierarchical superior in the professional context and the administrator. He will be forced to give a report at these two levels. »

Thus, he considers that this question must pass to the level of the framework of the social dialogue between the social partners. “And this, to see if the ambition of the minister is realistic, achievable or not. »

He also recalls that the post of director is political: “In his rating, he risks looking only at political criteria. However, rating has nothing to do with politics. It will then be very difficult for such and such a director to be professionally neutral. »

According to him, the task of the municipal administrator is to coordinate only all the services of his municipality. “We talk about how it works. If there are recommendations, they go through there. Otherwise, instituting the administrator as hierarchical head of all the services of his municipality is practically impossible. »

For Mr. Hakizimana, if the country has taken the path of social dialogue, this question must be debated in order to avoid misinterpretations and controversies. “In short, the law nowhere provides that the administrator is the hierarchical head of all civil servants. »

Antoine Manuma: "A huge risk of interference"

For the president of the National Federation of Trade Unions in the Teaching and Education Sector in Burundi (FNSSEEB), the minister's announcement enshrines a violation of the law because, he says, each professional sector has its own organization. And to register in false against the statute of principal employer devolved from now on to the municipal administrator. "It's true, the municipal administrator has the responsibility to ensure the well-being of citizens, to ensure the schooling of all children of school age, to promote access to healthcare for all, but this does not mean that the administrator becomes the main employer”

The trade unionist wishes to recall that in the education sector, there are municipal directors of education and provincial directors of education. "They are the ones who must ensure the control and evaluation of teachers: professional performance, intellectual abilities..."

Antoine Manuma judges that with the declarations of the minister, the municipal administrator will find himself with prerogatives which go beyond what the municipal law provides. "There is a huge risk of interference with state officials in different sectors."

According to the president of the FNSSEEB, the administrator and the municipal council are responsible for providing the desk benches “which so many schools lack and the construction of classrooms”.

And to ask the minister to consult with union representatives. “This will be an opportunity for him to learn about the operation of different services”. Similarly, according to him, municipal administrators must discuss with union representatives to determine the prerogatives of each.

Finally, Mr. Manuma calls for an end to the overlapping of different ministries. “Everything related to the field of Education is the responsibility of the Ministry of Education. Likewise, everything concerning civil servants is the responsibility of the Ministry of Public Service…”

Libérat Ntibashirakandi: "The Minister of Education is downright humiliated in this story"

For the education expert, the announcement of Minister Thaddée Ndikumana will lead to a politicization of the education sector. "There are consequences in terms of the recruitment of teaching staff where the municipal administrator will do everything to impose members of the ruling party"

And to point the finger at the supposed sidelining of the Minister of Education in these decision-making. “Teachers are under the supervision of the Ministry of National Education. His silence is worth either complicity or impotence. He is downright humiliated in this story”

The doctor in mathematics is also worried about a risk of anarchy. "Employees of the Ministry of National Education will find themselves tossed about between their supervisory ministry and the Ministry of the Interior on which the municipal administrators depend". For Libérat Ntibashirakandi, this situation will contribute to a demotivation of teachers and, consequently, , to a deterioration in the quality of education.

The university professor calls on the head of state to bring order to the government. “He must recall the texts which specify the role of each ministry to put an end to the overlaps that we are witnessing”

Tatien Sibomana: "A harmful speech"

For legal professionals, the speech of the Minister of Public Service Dr. Thaddée Ndikumana deserves clarification. According to them, a misinterpretation of the minister's remarks carries serious consequences. Tatien Sibomana, jurist, explains.

How do you interpret the speech of the Minister of Public Service towards the municipal administrators?

Those uninitiated in administrative law might say that the minister is right. Because indeed, the communal administrator is the communal authority which replaces the executive power in this district.

But, for someone who is wiser, it is a speech that can cause a lot of damage to the very functioning of public services.

That is to say ?

I say this assertion in two essential texts, namely: the Constitution of the Republic of Burundi of June 7, 2018 and in an organic law N ° 1/04 of February 19, 2020 amending certain provisions of law N ° 1/33 of November 28, 2014 on the organization of the municipal administration.

What do they say ?

In article 18, paragraph 2, of the Constitution of the Republic of Burundi, it is stipulated that the government respects the separation of powers, the rule of law and the principles of good governance and transparency in the conduct of public affairs.

In article 149 of the same Constitution, it is clearly stated that a law specifies the distinction between career positions or technical positions and political positions. In article 33 of the same Constitution, it is said that, In paragraph 1, executive power is delegated at the provincial level to a provincial governor responsible for coordinating the administrative services operating in the province.

Which means that in a provincial entity, there are a lot of public services, including judicial services. But, in terms of coordination, the provincial governor representing the Head of State in the province, he can convene them in a meeting to see how the services are rendered, in a security meeting, etc. But, that does not mean that it is he who manages them, directs them. He only coordinates.

It is clearly stated that, in article 17 of the aforementioned organic law, the municipal administrator directs and administers the municipality. He coordinates all the activities working in his municipality, including those of the decentralized services.

Isn't there a risk of misinterpretation of this minister's speech?

If the minister says that in front of these administrators, some of whom probably do not have the level required to apprehend certain resolutions and recommendations of the ministers at their fair value, that can be interpreted in several ways.

For example ?

Some may believe that, henceforth, the administrator controls the president of the court of residence, the communal doctor, etc. But he only coordinates. He does not manage department heads. He does not rate them. They have other hierarchical authorities, department by department, organization by organization, etc.

What can be the consequences?

This speech can lead to a lot of confusion and interpretations. A director can be exposed to all kinds of abuse of power. This leads to the overthrow and excessive politicization of public services. As a reminder, there was a time when governors declared such and such an individual persona non grata in their constituency. We can easily go back to this kind of situation.

The independence of the judiciary will be greatly affected if the administrators misinterpret the minister's remarks. They will seek to dictate orders to the presidents of the courts when the Constitution is very clear: the judiciary is impartial and independent of the legislature and the executive.

In paragraph 2 of article 2014, it is said that in the exercise of his functions, the judge is subject only to the Constitution and the law. However, with this speech of the minister, the administrator can say to himself, finally, this law had deprived me of the prerogatives of taking control of the judicial system. In short, the sacrosanct principle of democracy enshrining the separation of powers will be shattered.

If the reports will henceforth be transmitted to the governors by the administrators, then what will be the use of the communal directors of education, health, etc.? ?

The administrator has the right to be informed of the situation of the services in his constituency. But this does not in any way mean that he receives the reports. He can receive them in copies.

What to do then?

The minister must be able to clarify his speech. Because, the administrator does not have the direct hierarchical authority on the Heads of service, even less, on the judicial power. It is necessary to read the laws that exist and which clearly clarify the duties of the administrator, his powers and his competences.