Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes that the Government’s report contains no information on the points raised in its last observation.

In comments it has been making for several years, the Committee has asked the Government to provide information on the measures taken to bring certain provisions of the national legislation into line with the Convention. The Government stated that the country’s position regarding the Conventions on forced labour had not changed, since it had not been possible to adopt any new texts owing to the crisis. The Committee notes that statement once again and hopes that the Government will soon be in a position to provide information on specific measures taken regarding the following points, raised in the Committee’s previous comments.

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 noted the Government’s statement that measures to repeal these Ordinances were envisaged in the very short term. The Committee requests the Government to supply the texts repealing 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of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957), and recommended that they be formally repealed.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 the above texts warrant express revocation, mainly because they reflect the colonial era and have fallen into disuse, and that measures have been taken with a view to repealing them.

The Committee requested 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The Committee noted that a study transmitted by the Government recommended that the text in question be repealed and replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize commune administration. The Committee requested the Government to supply information on the provisions adopted in this respect.

4. Referring to sections 340 and 341 of the Penal Code which establish sanctions for vagrancy and begging, and to earlier comments, the Committee noted that an opinion on the matter had been requested from the Ministry of the Interior. The Committee requested the Government to supply information concerning the action envisaged to follow up its comments and on the programme of vocational rehabilitation which the Government considered should prevent vagrancy and begging by providing assistance to persons without employment. The Committee noted Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.

5. Article 2, paragraph 1. The Committee notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.133, paragraph 71) in which the abovementioned Committee expresses its concern at the use of children by the State armed forces either as soldiers or as helpers in camps or in the obtaining of information. It also expressed its concern at the low minimum age of recruitment to the armed forces (paragraph 24). According to these observations, there are reports of widespread recruitment of children by opposition armed forces and of sexual exploitation of children by members of armed forces.

The Committee notes the report on the end-of-decade review of the national action programme, produced in January 2001 by Burundi as part of the follow-up to the World Summit for Children. A national action plan for the survival, protection and development of children for the 1990s was established in 1990. The programme was assessed at the end of 1999. The report in question refers to the situation of street children and child soldiers (paragraph 86) and sexual or commercial exploitation of children (paragraph 94). The child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12. The minimum age for conscription in the armed forces of Burundi is 16 years, but there are indications that children are used by soldiers for odd jobs.

The Committee asks the Government to provide information on measures taken to protect children from forced recruitment to serve as soldiers or perform tasks for military personnel. It also asks the Government to provide information on the evaluation of the national action plan for the survival, protection and development of children for the 1990s.

The Committee notes the concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW/C/2001/1/Add.1) according to which the Government adopted legislation in January 2001 punishing the trafficking of women and their exploitation for prostitution.

Article 25 of the Convention. Article 25 of the Convention requires the unlawful exaction of forced labour to be subject to penal sanctions, and any Member ratifying the Convention is bound to satisfy itself that the sanctions imposed by law are really effective and strictly applied. The Committee asks the Government to provide a copy of the new Penal Code, the new Code of Penal Procedure and the legislation prescribing the punishment of trafficking in women and exploitation for prostitution, and to provide information on legal proceedings to prosecute those responsible and the penalties imposed.