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

Abolition of Forced Labour Convention, 1957 (No. 105) - Burundi (Ratification: 1963)

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted the observations of the Trade Union Confederation of Burundi (COSYBU), which referred to judicial proceedings instigated against journalists in private radio stations, restrictions on free and independent demonstrations and the arrest of a human rights activist. The Committee also noted the possibility referred to by the Government of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prisons, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the Government’s indication that Order No. 100/325 of 15 November 1963 organizing prisons has been repealed and replaced by Act No. 1/026 of 22 September 2003 issuing the rules governing prisons. According to the Government, compulsory and forced prison labour has been abolished in all prisons and detention centres. The Committee however notes with regret that, under the terms of section 25 of Act No. 1/026 of 22 September 2003 issuing rules governing prisons, work is compulsory for prisoners. The Committee therefore refers once again to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which establishes penalties for certain offences against the security of the State, under the terms of which persons may be convicted to sentences of penal servitude involving, under section 40 of Ministerial Order No. 100/325, the obligation to work. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of labour, including compulsory prison labour, as a punishment for persons who, without having recourse to violence, have expressed political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving compulsory labour includes the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media) (see General Survey of 2012 on the fundamental Conventions, paragraph 302). The Committee therefore urges the Government to take the necessary measures to bring the legislation into conformity with the Convention and to amend Act No. 1/026 of 22 September 2003 issuing rules governing prisons so as to guarantee, in law and practice, that no penalty involving compulsory labour is imposed as a punishment for the expression of political views or ideological opposition. The Committee requests the Government to provide information on any progress achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.