Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 30 August 2018.

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 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 amending Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prisons, section 40 of which establishes the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope. The Committee also noted the Government’s indication that this Order was repealed and replaced by Act No. 1/026 of 22 September 2003 issuing the prison regulations. However, the Committee noted that, under section 25 of Act No. 1/026, work remains compulsory for all prisoners. The Committee asked the Government to take the necessary steps to bring the legislation into conformity with the Convention.

The Committee takes note of the Government’s indication that it duly notes all these relevant comments and undertakes to harmonize its national legislation with the Convention.

The Committee notes that Decree-Law No. 1/6 of 8 April 1981 reforming the Penal Code was repealed by Act No. 1/05 of 22 April 2009 amending the Penal Code. The Committee notes that sentences of imprisonment involving compulsory labour may be imposed in circumstances which fall into the scope of the Convention:

• -section 600: any person who, for propaganda purposes, publicly distributes, circulates or displays pamphlets, bulletins or flags of foreign origin or inspiration that are damaging to the national interest, shall be liable to penal servitude of two months to three years and/or a fine of 50,000 to 100,000 Burundi francs (BIF); and any person who, for propaganda purposes, has in his/her possession such bulletins or flags with a view to distribution, circulation or display shall be liable to the same penalties;
• -section 601: any person who receives directly or indirectly, in any form or on any basis from a foreign person or organization, gifts, presents, loans or other advantages, intended or used wholly or partially to conduct or remunerate an activity or propaganda in Burundi such as to undermine the due loyalty of citizens towards the State and institutions in Burundi, shall be liable to penal servitude of one to five years and/or a fine of BIF50,000 to BIF200,000.

Moreover, the Committee observes that, in the report of 13 November 2017 (compilation on Burundi) of the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Special Rapporteur on human rights defenders noted many cases in which human rights defenders and journalists had been killed, assaulted, arbitrarily arrested, detained or defamed in the media. The Committee also observes that, when the OHCHR visited the 11 prisons and police holding cells in Burundi, it observed overcrowding as a result of the waves of arrests of protesters opposed to a new term for the President, members of the opposition and civil society. The Special Rapporteur also observed that the Press Act of 4 June 2013 curtails freedom of expression since it provides for a broad exception to the right of journalists not to reveal their sources in cases involving national security, public order, defence secrets and the physical or mental integrity of one or more persons. According to the Special Rapporteur, freedom of expression remained restricted, and activities of media critical of the Government had been suspended, while independent journalists had been subjected to arbitrary arrest and enforced disappearance (A/HRC/WG.6/29/BDI/2, paragraphs 20, 22, 32, 35 and 36).

While taking note of the above information, the Committee notes with concern the continued existence of the provisions of the laws (the Penal Code and the Press Act) which can be used to restrict the exercise of the freedom to express political or ideological views (orally, through the press or via other communication media) and which result in the imposition of penalties involving compulsory prison labour. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system without recourse to violence. The Committee 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, through the press or via other communication media) (see 2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore urges the Government to take the necessary steps, in law and in practice, to ensure that no penalty involving compulsory labour may be imposed for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system, for example by clearly restricting the scope of application of these provisions to situations involving the use of violence or incitement to violence, or by abolishing the penalties that entail compulsory labour. The Committee requests the Government to provide information on all progress made in this regard.

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