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

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

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and appropriate penalties. Sale and trafficking of children. The Committee takes note of Act No. 1/28 of 29 October 2014 concerning the prevention and suppression of trafficking in persons and the protection of victims (Anti-Trafficking Act), which includes children under 18 years of age. Section 19 of the Act establishes penalties of 15 to 20 years’ imprisonment for the trafficking of children.

The Committee notes the UNICEF report of 2017 on the humanitarian situation in Burundi, which states that, despite the adoption of the Anti Trafficking Act in 2014, lack of awareness of the Act is obstructing its implementation and, in this regard, two training workshops relating to trafficking in persons have been held for some 50 participants. The Committee recalls that the trafficking of children is a serious crime and that, according to Article 7(1) of the Convention, the Government is required to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of sufficiently effective and dissuasive criminal penalties. In this regard, the Committee requests the Government to provide information on the application in practice of Act No. 1/28 of 29 October 2014 concerning the prevention and suppression of trafficking in persons and the protection of victims, particularly statistical information on the number and nature of violations reported, proceedings instituted against the perpetrators and criminal penalties imposed on individuals found guilty of the trafficking of children. To the extent possible, this information should be disaggregated by age and gender of the victims.

Articles 3(d) and 4(1) and (2). Hazardous work, determination of hazardous types of work and identification of where these types of work exist. Children working in the informal economy. In its previous comments, the Committee noted Ordinance No. 630/1 of 5 January 1981 concerning child labour, which prohibits night work by children under 18 years of age, work that may exceed their strength, hazardous or unhealthy types of work, and work of an immoral nature. The Ordinance also prohibits the employment of children under 18 years of age in work likely to harm their health or involving a particular risk of accidents, and contains a detailed list of types of activities prohibited to children. However, the Committee observed that this prohibition does not apply to children under 18 years of age who are not in a contractual employment relationship. It also observed that in many households children are subjected to work which exceeds their strength and they receive very low pay. In this regard, the Government indicated that it had already set in motion a process intended to eradicate the worst forms of child labour in the informal economy. The Committee also noted that, as part of the National Action Plan (NAP) for the elimination of the worst forms of child labour, which was drawn up in collaboration with ILO–IPEC for the 2010–15 period, the list of hazardous types of work and worst forms of child labour was to be drawn up, and the new texts would include provisions relating to child labour in the informal economy. The Committee asked the Government to provide information on progress made in this respect.

The Committee notes the lack of information on this matter in the Government’s report, despite the fact that it has been raising this issue since 2007. The Committee expresses the firm hope that the legislation relating to child labour will be revised in the near future so as to ensure that children engaged in hazardous types of work in the informal economy benefit from the protection afforded by the Convention. It requests the Government to provide information on the results achieved through the implementation of the NAP with regard to updating the list of hazardous types of work prohibited for children under 18 years of age.

Articles 5 and 6. Monitoring mechanisms and programmes of action. In its previous comments, the Committee noted that there was no specific inspection service for child labour in Burundi and that the number of labour inspectors was insufficient in view of the prevalence of child labour in the country. The Committee asked the Government to provide information on the results achieved in the context of the implementation of the NAP.

The Committee notes the lack of information on this point. The Committee requests the Government once again to provide information on the results achieved through the implementation of the National Action Plan with regard to strengthening the capacities of law enforcement bodies in relation to the worst forms of child labour, including in the informal economy.

Article 7(2). Effective and time-bound measures. Clause (b). Rehabilitation and social integration of child soldiers. In its previous comments, the Committee noted with concern the use of children by the armed forces of the State either as soldiers or helpers in camps or to obtain information, as well as the low minimum age for recruitment into the armed forces. Referring to the conclusions of the Conference Committee on the Application of Standards, the Committee strongly encouraged the Government to continue taking effective and time-bound measures to ensure the rehabilitation and social integration of children who had previously been involved in armed conflict.

The Committee notes the Government’s indication that, in the defence and security forces, recruitment occurs from the age of 18 years onwards. As regards proceedings against the recruiters of children under 18 years of age, the Government points to the clandestine nature of the armed groups and to the fact that it therefore has no statistics on them. Referring to a number of reports from United Nations agencies, the Committee notes that steps have been taken to demobilize all child soldiers and to put a stop in practice to the forced recruitment of children under 18 years of age into the armed forces and armed groups.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that the Government had implemented a National Strategic Plan (NSP) against HIV/AIDS over the 2007–11 period, which aimed to provide support for the schooling of over 90,000 orphans and vulnerable children over a five-year period. However, the Committee noted that, according to 2009 estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), some 200,000 children are HIV/AIDS orphans in Burundi. The Committee asked the Government to provide information on measures taken in this respect.

The Committee notes the lack of information on this matter in the Government’s report. However, the Committee notes that, according to UNAIDS estimates for 2015, there are 69,000 HIV/AIDS orphans under 17 years of age in Burundi. The Committee reminds the Government that HIV/AIDS orphans are particularly at risk from engagement in the worst forms of child labour. In this regard, the Committee requests the Government to pursue its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. The Committee also requests the Government to provide information on the results achieved through the implementation of the NSP against HIV/AIDS for 2007–11, including in terms of the number of HIV/AIDS orphans who have been enrolled in school, disaggregated by age and gender.

2. Street children. In its previous comments, the Committee referred to the Conference Committee on the Application of Standards, which expressed serious concern in its conclusions at the fact that the number of children working in the streets remained high and that these children were exposed to various forms of exploitation. The Committee asked the Government to send information on the impact in this regard of the NAP and also on the number of children who had been removed from the streets and socially integrated through the action of the centres for the protection and reintegration of street children.

The Committee notes the Government’s indication that the Ministry of Labour has collaborated with national and international non-governmental organizations (NGOs) to remove children from the streets and socially and economically integrate them, including as part of the Enfants Soleil project of the Ministry of National Solidarity, Personal Rights and Gender. The Government also indicates that two centres for the rehabilitation of children were opened in Ruyigi and Rumonge in 2015. Finally, the Committee takes note of the study on care for street children in Burundi, which refers to the National Strategy drawn up in 2011 and the related Action Plan 2014–16 for preventing and combating the phenomenon of children in street situations. The Committee encourages the Government to continue taking the necessary steps to protect street children against exploitation and to ensure their rehabilitation and social integration. It requests the Government to provide information on the results achieved through the adoption of the National Strategy and the related Action Plan 2014–16 for preventing and combating the phenomenon of street children.