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

Minimum Age Convention, 1973 (No. 138) - Burundi (Ratification: 2000)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 30 August 2018, and also the Government’s reply, received on 22 September 2018.

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted the indication by the International Trade Union Confederation (ITUC) that child labour constitutes a serious problem in Burundi, particularly in agriculture and informal work in urban areas. The Committee also noted that sections 3 and 14 of the Labour Code prohibit work by young persons under 16 years of age in public and private enterprises, including agricultural undertakings, where such work is carried out on behalf of and under the supervision of an employer. The Committee further noted the Government’s indication that the question of extending the application of the labour legislation to work in the informal economy was to be the subject of tripartite discussions during the revision of the Labour Code.

The Committee notes the observations of COSYBU reminding the Government of the need to harmonize sections 3 and 14 of the Labour Code with the Convention as part of the revision of the Labour Code.

The Committee notes the Government’s indication in its report that child labour is a serious problem and that it is being combated through national and international instruments. The Government points out that a tripartite committee tasked with revising the Labour Code has been established and that one of its objectives is to extend the scope of application of the Convention to the informal economy, where there is evidence of child labour. The Committee observes that, according to the survey on domestic labour, especially child domestic labour, in Burundi carried out in 2013–14 by the Directorate-General of Labour, 5.3 per cent of children in the 7–12 age group and over 40 per cent of children in the 13–15 age group are domestic workers. The Committee also notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2015, recommended that the Government take steps to effectively prevent and combat the economic exploitation of children, especially in the informal economy (E/C.12/BDI/CO/1, paragraph 38).

The Committee notes with concern that the informal economy is still not covered by the national labour legislation in Burundi, despite the fact that it has been raising this issue since 2005. Moreover, there is a large number of working children who are below the minimum age of 16 years for admission to employment. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work, including in the informal economy. The Committee urges the Government to take the necessary steps to extend the scope of application of the Convention to work done outside a formal employment relationship, particularly in the informal economy and in agriculture. The Committee requests the Government to provide information on this matter.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the adoption by the Government of a “Sectoral plan for the development of education and training 2012–20”, which recommended improvements to preschool education through support to communities and the development of occupational training through the establishment of centres for the teaching of trades. It also noted that, according to the PASEC2014 report on the performance of the education system in Burundi, primary education had seen a big increase in pupil numbers, rising from 740,850 in 2000 to 2,117,397 in 2014. Furthermore, Act No. 1/19 of 10 September 2013 establishing the structure of primary and secondary education had strengthened core education by increasing it from six to nine years of schooling, starting at the age of 6 years. Hence, a child who starts school at six years of age completes compulsory schooling at the age of 15 years. In this regard, the Committee asked the Government to take the necessary steps to ensure free compulsory schooling for all children up to the minimum age for admission to work, namely 16 years.

The Committee notes that COSYBU, in its observations, asks the Government to fix the minimum age for the completion of compulsory schooling, so as to enable the progressive abolition of child labour.

The Committee notes the Government’s indications that a policy of free schooling was established in 2005, schools and school canteens have been set up, and committees based in all collines (administrative subdivisions) in the country are active in getting children to attend school. Furthermore, official school fees in primary education have been abolished and the poorest pupils are exempt from secondary school fees. School kits have been distributed to primary school pupils in some provinces. The Committee notes that the implementation report for the “Support programme for the consolidation of basic education 2016–17” indicates that 45 classrooms have been built, 2.6 million pupils have received school kits through the “Back to school” campaign, and awareness-raising projects against dropping out of school are under way in target areas. Teacher training modules have been created and 36,000 kits for teachers have been distributed. The Committee also notes that a campaign for the collection of data on education for 2016–17 was launched in January 2017. The Committee notes the significant efforts of the Government to improve access to, and the quality of, the education system in the country. According to the abovementioned implementation report, the parity index for 2015–16 for primary education was 1.01.

The Committee notes that the Government does not provide any information on the measures taken to increase the age of completion of compulsory schooling to 16 years so that it coincides with the minimum age for access to employment or work. The Committee recalls that education should be compulsory and effectively ensured up to an age at least equal to that specified for admission to employment, in accordance with Article 2(3) of the Convention, so as to protect children against economic exploitation. The Committee requests the Government to take the necessary steps without delay to ensure that schooling is compulsory up to the minimum age for admission to employment, namely 16 years. It also requests the Government to continue its efforts to improve access to, and the quality of, the education system in the country for children under 16 years of age and to provide information and statistical data on the progress made in this respect.

Article 9(1). Penalties. The Committee previously noted that there were shortcomings in the penalties established by the Labour Code and Ordinance No. 630/1 of 5 January 1981 concerning child labour in terms of ensuring the effective application of the provisions of the Convention. It also noted the Government’s indication that a Code of Rights and Duties of the Child (Children’s Code) containing provisions on child labour and applicable penalties had been drawn up by the Ministry of Solidarity and Human and Gender Rights and had then been forwarded to the Ministry of Justice for consideration.

The Committee notes that COSYBU, in its observations, recommends that the Government should adopt the Children’s Code.

The Committee notes the Government’s indication that the Children’s Code is being drawn up by the Ministry of Solidarity and Human and Gender Rights, and by the Ministry of Justice. It also notes the Government’s indication that the draft Children’s Code has been in preparation since 2002. The Committee observes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2015, recommended that the Government should ensure that individuals who exploit children are duly punished (E/C.12/BDI/CO/1, paragraph 38). The Committee urges the Government to take the necessary steps as soon as possible to ensure that appropriate and effective penalties are applicable to violations of the provisions on child labour. It requests the Government to provide information on progress achieved regarding the adoption of the draft Children’s Code and to provide a copy when it has been adopted.

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