Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest Act No. 1/28 of 29 October 2014 on the prevention and repression of trafficking in persons and the protection of victims (the Anti trafficking Act). It notes in particular that the Act contains detailed definitions of the elements that constitute the crime of trafficking in persons for sexual exploitation and forced labour and lays down sentences of imprisonment of from five to ten years. The Committee also notes the Government’s indication in its report that, with a view to giving effect to the Act, a commission has been established for consultation and monitoring of the prevention and repression of trafficking in persons. The objectives of the commission include the formulation of a national plan of action to combat trafficking, ensuring the protection of victims and taking follow-up action for the prosecution of criminals, among others.

The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the adoption of the Anti-trafficking Act of 2014 and noted its implementation through the multisectoral action plan (2014–17). The Committee also notes that, in the view of the CEDAW, the Government should adopt coordinated and effective measures in response to the increasing number of women and girls who are trafficked out of the country for the purposes of domestic servitude and sexual slavery (CEDAW/C/BDI/CO/5-6, paragraph 28). In this respect, the Committee requests the Government to provide information on the application of the Anti-trafficking Act No. 1/28 of 29 October 2014 in practice, as well as on the measures taken within the context of the multisectoral action plan (2014–17) to prevent and suppress trafficking in persons and to punish those responsible. The Committee also requests the Government to indicate the measures taken for the protection of victims of trafficking by the commission for consultation and monitoring of the prevention and repression of trafficking in persons.

Articles 1(1) and 2(1). 1. Possibility for the recipients of a study grant to leave their employment within a reasonable period. For many years, the Committee has been drawing the Government’s attention to the need to amend section 28 of Decree No. 100/003 of 3 January 1990 on study grants and traineeships, under which the recipient of a study grant is required to undertake to serve the Government for a period of ten years. The Committee requested the Government to provide information on the measures taken to allow persons who have received a study grant or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following the reimbursement of the costs incurred by the State.

The Committee notes the Government’s indication in its report that section 25 of Decree No. 100/07 of 14 January 2014 (repealing the previous Decree of 1990), reorganizing the study grant management committee and setting out general principles for the renewal, withdrawal and reinstatement of study grants and traineeships, provides that a study grant or traineeship received must be repaid with any related elements in the following cases:

• -when a student sent abroad does not return to Burundi at the end of the training to work for at least two years;
• -when the terms of the contract clearly specify that the grant was awarded as a loan;
• -when it is found and established by the committee that the grant was paid under undue pretences.

The Committee notes that Decree No. 100/07 of 14 January 2014 does not contain a provision indicating that the beneficiary of a study grant is required to undertake to work for the Government for a specific period.

2. Conditions governing the resignation of military personnel. In its previous comments, the Committee noted the Government’s indication that Acts Nos 1/15, 1/16 and 1/17 of 2006, on the conditions of service of officers, non commissioned officers and rank and file members of the national defence force, were repealed by the Decree of 23 April 2010. The Government added that the procedures for requesting and accepting a resignation are set out in Chapter 4 of the Decree of 23 April 2010. The Committee requested the Government to provide a copy of the Decree of 2010 and to supply information on the effect given in practice to the provisions of Chapter 4 of the Decree.

The Committee notes the detailed information provided by the Government, which does not however reply to its request for information. The Committee therefore once again requests the Government to provide a copy of the Decree of 23 April 2010 and to supply information on the effect given to the provisions of Chapter 4 of the Decree, with an indication of whether requests to resign by military personnel may, in practice, be refused or deferred and, if so, to specify the reasons for such refusals or deferrals.

Article 2(2)(c). Sentences of community work. In its previous comments, the Committee noted that the penalty of community work is among the principal penalties set out in the Penal Code (sections 53 et seq.). Under these provisions, any person found guilty of a crime or violation may be sentenced by a court to perform unpaid work for a public legal entity or an association authorized to undertake community work. The duration of this work may not exceed 720 hours, and the nature and procedures for the performance of the work have to be specified in the sentence. The Committee also noted that certain provisions of the Penal Code of 22 April 2008 were amended by Act No. 1/20 of 8 September 2012. The new section 54 of the Penal Code extends the duration of community work, which may henceforth be imposed for up to a maximum of 2,824 hours when the prison sentence does not exceed two years. The Committee requested the Government to provide information on the application in practice of sentences of community work, including the list of associations authorized to implement community work.

The Committee notes the Government’s indication that the court determines the nature of the community work, taking into account the social environment, age and any other criteria of vulnerability of the convicted person. The Government adds that in practice no penalties of community work have been handed down up to now by the courts, and that as a consequence there are no associations authorized to implement such sentences. The Committee requests the Government to indicate in its next report whether courts have handed down sentences of community work and, if so, to provide a list of the associations authorized to implement community work, as well as examples of the work carried out, so as to be able to ensure that the work is in practice of benefit to the community and that the associations implementing it are not profit-making. Please also indicate whether the penalty of community work can be handed down without the consent of the convicted person.