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Worst Forms of Child Labour Convention, 1999 (No. 182) - Burundi (RATIFICATION: 2002)

Article 3(b) of the Convention. Worst forms of child labour. Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that although under national legislation the use, procuring or offering of children for prostitution is punishable with a prison sentence of three to five years and a fine of 100,000-500,000 Burundian francs, it noted that children are victim of this worst form of labour, particularly in fishing and border areas. The Committee requested the Government to provide information on the measures taken to ensure that persons who use, procure or offer a child under 18 years of age for prostitution are prosecuted and that penalties constituting an effective deterrent are applied in practice.

The Government indicates that section 562 of the 2017 revised Criminal Code provides for imprisonment of five to ten years and a fine of 50,000–200,000 Burundi francs for anyone who violates morals by exciting or encouraging the satisfaction of the passions of others, immoral behaviour, corruption or the prostitution of persons of either sex where one of the persons concerned is, or appears to be, younger than 21 years of age. The Committee also notes that section 542 of the revised Criminal Code provides for a prison sentence of three to five years and a fine of 100,000–500,000 francs for anyone having used, procured or offered a child for prostitution, for the production of pornographic material or for pornographic performances. The Committee urges the Government to provide information on the number of investigations conducted and prosecutions brought against individuals who engage in the use, procuring or offering of a child under 18 years of age for prostitution. It also requests it to provide information on the number and nature of penalties imposed under sections 542 and 562 of the 2017 revised Criminal Code, as well as on the facts that formed the basis of the convictions.

Articles 3(d) and 4(1) and (2) of the Convention. Hazardous work, determination of hazardous types of work and identification of where these types of work exist. Children working in the informal economy. The Committee previously noted that a list of hazardous types of work prohibited for children under 18 years of age was drawn up as part of the National Action Plan 2010–15 for the elimination of the worst forms of child labour. It noted that, under national legislation, the prohibition against performing hazardous work for children under 18 years of age did not apply to children working in the informal economy. The Committee requested the Government to indicate the provisions establishing the determination of hazardous types of work and identification of where hazardous work prohibited for children under 18 years of age existed. It also expressed the firm hope that national legislative provisions would incorporate protection of children engaged in hazardous work in the informal sector.

The Committee notes the absence of new information in the Government’s report. It also notes that section 280 of the revised Labour Code, promulgated on 24 November 2020 (Act No. 1/11) provides that an Ordinance of the Minister responsible for labour fixes the nature and the list of work, and categories of enterprises, prohibited for children under 18 years. In addition, section 2 of the 2020 Labour Code provides that relations between workers and employers in the household and those in the informal sector are governed by this Code, to the extent permitted by specific laws applicable to them. The Committee takes due note of the progress achieved by the Government, and requests it to provide a copy of the Ordinance fixing the nature and the list of work, and categories of enterprises, prohibited for children under 18 years.

Articles 5 and 6. Monitoring mechanisms and programmes of action. The Committee previously noted the Government’s indication that the lack of financial resources prevented the effective reinforcement of the capacities of the bodies responsible for enforcement of the laws relating to the worst forms of child labour in the informal economy. It noted that, according to the Government, 11 labour inspectors were responsible for the enforcement of laws and regulations. The Committee therefore requested the Government to take the necessary steps to strengthen the capacities of the bodies responsible for enforcement of the laws relating to the worst forms of child labour, including in the informal economy.

The Committee notes the absence of information on this matter in the Government’s report. Recalling that monitoring mechanisms are essential for the application of the provisions of national legislation concerning the worst forms of child labour, the Committee once again urges the Government to take the necessary steps to strengthen the capacities of the bodies responsible for enforcement of the laws relating to the worst forms of child labour. It requests the Government to provide information in this regard.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Commercial sexual exploitation. In its previous comments, the Committee noted the large number of child victims of commercial sexual exploitation, including orphaned girls or girls separated from their families who had come to the major cities for employment as domestic workers. The Committee noted the various measures taken by the Government to identify, protect and guide child victims of commercial sexual exploitation and encouraged it to continue its efforts to identify and protect these children.

The Government indicates that four national integrated centres were established for victims of gender-based violence, trafficking and commercial sexual exploitation. The Committee requests the Government to continue to take measures to identify and protect child victims of commercial sexual exploitation and to communicate information in this regard. It also requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been taken into the integrated protection centres and who have received support with a view to rehabilitation and social integration.

Clause (d). Children at special risk. Child HIV/AIDS orphans and other vulnerable children (OVC). The Committee previously noted that for 2017, UNAIDS estimated 52,000 children under 17 years of age to be HIV/AIDS orphans in Burundi. It also noted the adoption of a National Strategic Plan (NSP) against HIV/AIDS for the 2014–17 period, establishing comprehensive care for OVC with medical assistance and educational support. The Committee requested the Government to continue its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour and to provide information on the results achieved through the implementation of the National Strategic Plan against HIV/AIDS for 2014–17.

The Government refers to various measures taken under the NSP against HIV/AIDS for 2014–17, including: (i) distribution of school materials to OVC; (ii) school monitoring of OVC; (iii) psychosocial support for OVC with particular problems; (iv) granting of health insurance cards to OVC households; and (v) establishment and strengthening of orphan protection committees. The Committee also notes the adoption of national guidelines for HIV prevention and treatment in Burundi in 2020 and a corresponding implementation plan. However, the Committee notes that, according to UNAIDS estimations for 2020, 71,000 children under 17 years of age are HIV/AIDS orphans, an increased estimation compared with 2017. Recalling that HIV/AIDS orphans are at an increased risk of engagement in the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that HIV/AIDS orphans and OVC are protected from the worst forms of child labour, particularly by continuing to provide them with assistance in accessing education and care. It requests the Government to provide information on the specific measures taken in this regard, particularly within the framework of the implementation plan for the national guidelines for HIV prevention and treatment in Burundi, and on the results achieved.