Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Forced Labour Convention, 1930 (No. 29) - Burundi (Ratification: 1963)

With reference to its previous comments, the Committee notes the information supplied by the Government in June 1993 to the effect that the process of adapting and harmonizing the legislation with the Convention is continuing; a technical file, of which the Government provided a copy, was forwarded on this subject in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee notes that, according to this file, draft texts to repeal the legal provisions in question have already been prepared.

The Committee also notes the provisions of Legislative Decree No. 1/037 of 7 July 1993 to revise the Labour Code.

The Committee hopes that the Government will supply information on the measures which have been taken on the following points:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them.

The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

5. The Committee is once again addressing a request directly to the Government concerning certain texts respecting the conditions governing the retirement of certain categories of persons in the service of the State and on section 2 of the new Labour Code.