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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the measures taken by the Government to combat trafficking in persons, in particular through the adoption of Act No. 1/28 of 29 October 2014 on the prevention and repression of trafficking in persons and the protection of victims, and the establishment of a commission for consultation and monitoring of the prevention and repression of trafficking in persons. The Committee also referred to the growing number of women and girls who are trafficked out of the country for the purposes of domestic servitude and sexual slavery. It requested the Government to provide information on the application of Act No. 1/28 of 29 October 2014 in practice, as well as on the measures taken to prevent the trafficking of persons and to punish those responsible.

The Government indicates in its report, according to information from the Ministry of Justice, that since 2014 more than 100 cases have come before the courts and 40 have judgements have been handed down. In addition, 70 per cent of the country’s magistrates (541 out of 729 magistrates) have been briefed on the issue. In its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that according to the National Observatory of trans-border criminality, in 2018, 227 women victims of trafficking to the Gulf States were identified. The Committee also notes that sections 244 to 256 of the revised Penal Code of 2017 (Act No. 1/27 of 29 December 2017) concern trafficking in persons and related offences. In particular, section 246 provides for a penalty of five to ten years’ penal labour and a fine for any person found guilty of human trafficking.

The Committee notes that the Government indicates, in its third periodic report under the International Covenant on Civil and Political Rights, dated 30 November 2020, that an ad hoc commission has been established to examine strategies for dismantling trafficking networks (CCPR/C/BDI/3, paragraph 75). It also notes from the website of the Independent National Human Rights Commission that the Commission’s mandate includes receiving and managing complaints related to human trafficking. The Committee requests the Government to pursue its efforts to strengthen the capacities and the means at the disposal of the competent authorities, to be able to identify human trafficking situations and launch appropriate judicial procedures. It requests the Government to continue to provide information on the number of enquiries undertaken, prosecutions filed and convictions issued in this field, as well as the number of complaints regarding human trafficking dealt with by the CNIDH. Finally, the Committee requests the Government to indicate the measures taken, in particular by the commission for consultation and monitoring of the prevention and repression of trafficking in persons, to raise citizens’ awareness of the risks of human trafficking, and also to protect and assist victims.

Article 1(1) and Article 2(1). 1. Conditions governing the resignation of military personnel. The Committee previously requested the Government to indicate whether requests to resign by military personnel may be refused or deferred and, if so, to specify the reasons for such refusals or deferrals.

The Committee notes that the Government refers to Acts Nos. 1/19, 1/20 and 1/21 of 31 December 2010 respectively establishing the status of troops, non-commissioned officers and officers of the national defence force. The Committee observes in this regard that the provisions of these Acts provide that any member of the military wishing to resign shall make the request to do so. The requests shall, according to rank, be accepted by the competent authority or the Chief of General Staff. The Government indicates that requests to resign by military personnel may, in practice, be refused or deferred on three grounds: (i) if the request to resign is unfounded; (ii) where it is difficult to find an immediate replacement; (iii) for reasons of national security. In this regard, the Committee stresses that career military personnel who have engaged voluntarily in the armed forces must not be deprived of the right to leave the service in peacetime within a reasonable period, either at fixed intervals, or by means of notice. The Committee therefore requests the Government to indicate the criteria applied as to whether a request to resign is, or is not, unfounded. The Committee also requests the Government to provide information on the number of requests to resign by military personnel accepted, refused or deferred, together with the reasons for such refusal or deferral.

2. Suppression of vagrancy. The Committee notes that the Penal Code adopted in 2017 reintroduces provisions penalising vagrancy. Section 524 provides that any person found in the public highway, with no occupation or trade, and without means of subsistence or fixed abode, may incur from 14 days’ to two months’ penal labour and a fine, or one of these penalties alone. The Committee underlines that this broad definition of vagrancy contains provisions that are sufficiently general to constitute an indirect compulsion to work and are as such incompatible with the Convention. The Committee therefore requests the Government to take appropriate measures to limit the scope of section 524 of the Penal Code so that only persons who disturb the public order or engage in illicit activities may incur penalties. In the meantime, the Committee requests the Government to provide information on the manner in which this section is applied in practice and to provide a copy of any legal decision taken on its basis.

3. Compulsory agricultural work. In its previous comments, the Committee requested the Government to provide a copy of the texts repealing the provisions allowing for compulsory participation in certain types of agricultural work by virtue of the following texts: Ordinances Nos 710/275 and 710/276 of 25 October 1979 (agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to recreate and maintain minimum areas of fruit crops), the Decree of 14 July 1952, Ordinance No 1286 of 10 July 1953 and Decree of 10 May 1957 (texts on compulsory cultivation, porterage and public works).

The Government reiterates that the legislation cited, which dates from the colonial period, is outdated and has been tacitly repealed. The Committee takes due note of this information and hopes that the Government will be able, when undertaking a revision of the legislation, to formally repeal the legislation cited in order to remove any ambiguity in the national legal system. Please provide information on any progress made in this regard.

Article 2(2)(c). Sentences of community work. In its previous comments, the Committee noted that the Penal Code includes, among the principal penalties, the penalty of community work for a public legal entity or an association authorized to undertake community work. The Committee requested the Government to indicate whether the courts had handed down sentences of community work, and if so, these penalties could be handed down without the consent of the convicted person.

The Committee notes that within the meaning of section 44 of the revised Penal Code of 2017, community work constitutes a principal penalty. Section 54 provides that this penalty is applied by a judge in substitution for a penalty of penal labour of under two years. Moreover, the Committee notes that sections 361 to 370 of the revised Code of Criminal Procedure of 2018 (Act No. 1/09 of 11 May 2018) regulate the performance of community work. Associations wishing to obtain authorization to implement community work must request such authorization from the Minister responsible for justice (section 361); the list of community work and the procedures under which it is performed are fixed by decree (article 366). The Committee further notes, from the information submitted by the Government in 2018, that it is obligatory to obtain the consent of the convicted person when applying the penalty of community work, and that the courts have so far not handed down any penalties of community work. The Committee requests the Government to provide a copy of the decree establishing the list of community work and the procedures under which it is performed procedures for the performance of community work, when it has been adopted.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee takes note of the observation of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2021.

Article 1(1) and Article 2(1) of the Convention. Compulsory community development work. For more than ten years, the Committee has referred to the question of community work in which the population participates under Act No. 1/016 of 20 April 2005 organizing municipal administration. With the objective of promoting the economic and social development of municipalities at both the individual level and on a collective and unified basis, municipalities may cooperate through a system of inter-municipality, and it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. While noting the Government’s indication that the law does not provide for penalties against persons who do not engage in community work, the Committee observes that this work is undertaken by the population without a text regulating the nature of the work, the terms under which the work may be required of the population, nor the manner in which the work is organized. The Committee also noted that the COSYBU referred to the fact that the population is not consulted on the nature of the work, which is decided upon unilaterally, and that the police prevent the population from moving during such work, by closing the streets. The Committee drew the Government’s attention to the need to adopt regulations to Act No. 1/016 of 20 April 2005 organizing municipal administration, to provide a framework for participation in community work and its organization, and enshrine the voluntary nature of the work.

In its report, the Government reiterates that participation in community work is voluntary, and that it takes due note of the need to regulate Act No. 1/016. The Committee notes however that Basic Act No. 1/04 of 19 February 2020 amending certain provisions of Act No. 1/33 of 28 November 2014 organizing municipal administration, does not enshrine the voluntary character of the work. This Act reprises certain provisions of Act No. 1/016 of 20 April 2005, and specifies that municipalities must promote their economic and social development at both the individual level and on a collective and unified basis, and that it is up to the municipal council to monitor the implementation and carry out the evaluation of the municipal development programme. The Committee notes the new observations from the COSYBU according to which during the performance of community works circulation in the streets is free, although no information regarding the lifting of the street closures has been provided.

The Committee observes, from the information available on the Government’s website, that certain community work consists of renewing bridges and roads. Furthermore, according to information available on the National Assembly website, community work that helps install municipal, regional and national infrastructure, boosts the national budget allocated to the country’s socio-economic policies by the equivalent of more than 10 per cent each year, and appears to implicate the entire population. The Committee also notes that, in its annual report for 2020, the Independent National Human Rights Commission (CNIDH) refers to labour supplied by the population, which had been used for the construction of new classrooms. In light of the nature of the work undertaken, its scale and the importance that it holds for the country, the Committee again requests the Government to take the appropriate measures to regulate the ways in which the population participates in community work, and to enshrine the voluntary nature of this participation. It requests the Government to provide information on progress made in this regard.

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

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

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.

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

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. For a number of years, the Committee has noted that Act No. 1/016 of 20 April 2005, organizing municipal administration, has the objective of promoting the economic and social development of municipalities at both the individual level and on a collective and unified basis. The municipal council is responsible for determining the community development programme, monitoring its implementation and ensuring its evaluation. The Act also provides for regulations to be issued determining the organization, mechanisms and procedures for inter-municipal action. The Committee also noted the observations made by the Trade Union Confederation of Burundi (COSYBU) on several occasions (2008, 2012, 2013 and 2014) to the effect that community work is decided upon unilaterally without the population being consulted and that the police are mobilized to close the streets and accordingly prevent the population from moving during such work.

The Committee once again notes the observations made by the COSYBU, received in 2015, according to which the voluntary nature of participation in community work should be explicitly set out in law. The Committee notes with deep concern the absence of information in the Government’s report on this issue, which the Committee has been raising for a number of years. The Committee urges the Government to take the necessary measures for the adoption of the text to implement Act No. 1/016 of 20 April 2005, organizing municipal administration, particularly with regard to participation in and the organization of community work, and to use this opportunity to ensure explicitly the voluntary nature of participation in such work. In this connection, the Committee requests the Government to indicate the procedures through which such work can be exacted from the population, and particularly the duration of the work carried out and the number of persons concerned.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring several legal texts providing for compulsory participation in certain types of agricultural work into conformity with the Convention. It has emphasized the need to set out in law the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas for cultivation (Ordinances Nos 710/275 and 710/276 of 25 October 1979), and to formally repeal certain texts on compulsory cultivation, portering and public works (the Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). The Committee also noted the Government’s indication that these texts, which date from the colonial period, have been repealed and that the voluntary nature of agricultural work has been confirmed.

The Committee notes the absence of information on this subject in the Government’s report. The Committee hopes that the Government will be in a position to provide copies of the texts repealing the legislative texts referred to above and which establish the voluntary nature of this agricultural work.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1) and 2(1) of the Convention. 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. In its previous comments, the Committee asked the Government to provide information on the measures taken to allow persons who have received a study grant or traineeship at the expense of the State to leave their employment within a reasonable period, 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 reorganizing the study grant management committee and establishing general principles for the renewal, withdrawal and reinstatement of study grants and traineeships provides that a study grant or traineeship received must be repaid in the following cases:

• -when a student sent abroad does not return to Burundi, at the end of his or her training, to work for at least two years;
• -when the terms of the contract clearly state that the grant was awarded as a loan;
• -when it is found and established by the Committee that the grant was unduly paid.

The Committee notes section 25 of Decree No. 100/07 of 14 January 2014 and the cases in which study grants or traineeships are to be reimbursed. The Committee requests 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, apart from in the cases of reimbursement indicated in section 25. Please also provide details of the criteria for establishing that a grant has been unduly received.

2. Conditions governing the resignation of military personnel. In its previous comments, the Committee noted that, in accordance with the provisions of Acts Nos 1/15, 1/16 and 1/17 on the conditions of service of officers, non commissioned officers and privates of the national defence force, respectively, military personnel must provide written notification of their intention to leave the national defence force. Their requests must, depending on their ranks, be accepted by the competent authority or the General Chief of Staff. The Committee requested the Government to provide information on the application of these provisions in practice, with an indication of whether requests by these members of the military staff to resign may, in practice, be refused or deferred and, if so, to specify the reasons for such refusals or deferrals. The Committee also requested the Government to indicate whether Presidential Decrees Nos 1/106 of 25 October 1967 and 1/111 of 10 November 1967 on the status of non-commissioned officers in the armed forces and the status of officers were tacitly repealed by Acts Nos 1/15, 1/16 and 1/17.

The Committee notes the Government’s indication that Decrees Nos 1/106 and 1/111 were repealed by Decrees Nos 1/15, 1/16 and 1/17, which were amended and adopted by the Decree of 23 April 2010. The Government specifies that the procedures for requesting and accepting a resignation are set out in Chapter 4 of the Decree of 23 April 2010. However, the Committee notes that the Government has not supplied any information on the conditions for the resignation of military personnel following the adoption of the Decree of 23 April 2010 amending Acts No. 1/15, 1/16 and 1/17. The Committee therefore requests the Government to provide a copy of the Decree of 23 April 2010 and to provide information on the effect given to the provisions of Chapter 4 of this Decree, with an indication of whether requests by these members of the military staff to resign may, in practice, be refused or deferred and, if so, to specify the reasons for such refusals or deferrals.

3. Trafficking in persons. The Committee notes that the Penal Code, adopted in 2009, contains one part covering smuggling and trafficking in persons (sections 242 and 243 of Act No. 1/05 of 22 April 2009 revising the Penal Code). Anyone concluding an agreement to deny the freedom of another person is liable to a sentence of from five to ten years’ imprisonment. Persons who conclude such an agreement for purposes of the sexual or domestic exploitation of the victim (section 242) and those who have brought into Burundi or removed from the country any individuals covered by such an agreement, are liable to the same prison sentences. The Committee considers that the adoption of these provisions constitutes a first step in combating trafficking in persons. It notes, however, that the elements that constitute this crime are defined restrictively and do not appear to cover trafficking in persons for the purpose of labour exploitation. The Committee also notes in this respect that the new Penal Code does not contain any provisions criminalizing or penalizing the use of forced labour. The Committee requests the Government to provide information on the legal procedures initiated on the basis of section 242 of the Penal Code, specifying the facts giving rise to the prosecutions and the penalties imposed on the perpetrators. The Committee also requests the Government to provide information on the measures taken to prevent, repress and punish trafficking in persons both for sexual exploitation and labour exploitation, and on the difficulties encountered by the authorities in these areas.

Article 2(2)(c). Community work. The Committee notes that the penalty of community work is among the main penalties provided for in the Penal Code (section 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 association authorized to carry out community work. The duration of this work may not exceed 720 hours, and the nature and procedures for the performance of such work shall be specified in the sentence. The Committee notes that several sections of the Penal Code of 22 April 2009 were amended by Act No. 1/20 of 8 September 2012. The new section 54 of the Penal Code thus extends the duration of this work, which may henceforth be increased to a maximum of 2,824 hours when the prison sentence does not exceed two years. The nature and procedures for the performance of community work shall be set out in the sentence.

In its General Survey on the fundamental Conventions of 2012, the Committee recalls that the compulsory labour excluded under Article 2(2)(c) may take the form of compulsory prison labour or work exacted following the imposition of other kinds of penalty, such as a sentence of community work. The two conditions set forth in Article 2(2)(c) are equally important and apply cumulatively, namely the fact that the prisoner remains at all times under the supervision and control of a public authority and that the person may not be hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to indicate whether the sentence of community work may be applied without the consent of the convicted person. Please also provide the list of associations authorized to implement community projects, as well as examples of the types of work carried out, in order to ensure that the association for which the work is done should not be profit-making, or that the work should not serve the purpose of economic gains.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 26 November 2015. The Committee also notes with deep concern that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. The Committee previously noted the Government’s indication that Legislative Decree No. 1/16 of 29 May 1979, which established the obligation to carry out community development work under penalty of sanctions, had been replaced by Act No. 1/016 of 20 April 2005 organizing municipal administration. According to this Act, which aims at promoting the economic and social development of municipalities not only on an individual but also on a collective and unified basis, municipalities may cooperate through a system of inter-municipality, and it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. The Act also provides for a regulatory text determining the organization, mechanisms and functioning of the “inter-municipality” system. The Committee noted that although the principle of community work was upheld in the Act, it did not explicitly provide for the voluntary nature of this work or establish the rules for participation in it. It also noted, according to information available on the Internet site of the Government and the national assembly, that community work seemed to be organized on a weekly basis and included work of reforestation, cleaning and the construction of economic and social infrastructure such as schools, colleges and health centres.

The Committee notes that the COSYBU submitted observations on the participation in and organization of compulsory community development work in 2008, 2012, 2013 and 2014. It stated that community work is decided upon unilaterally without the population being consulted and that the police are mobilized to close the streets and therefore prevent the movement of persons during this work. The COSYBU requested the Government to find a solution as soon as possible to ensure that the legislation specifically made a reference to the voluntary nature of participation in this work.

While noting that the Government previously indicated that the legislation does not provide for penalties to be imposed on persons who failed to carry out community work, the Committee observes that community work is carried out by the population without there being a text regulating the nature of this work or rules determining how this work might be required or the way in which it is organized. In these circumstances, the Committee once again expresses the hope that the Government will take the necessary steps to adopt the text applying Act No. 1/016 of 20 April 2005 organizing municipal administration, particularly with respect to the participation in and organization of community work, to ensure that the voluntary nature of participation in this work is explicitly set out in the legislation. Meanwhile the Committee asks the Government to provide information on the type and duration of the community work carried out and the number of persons concerned.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring a number of texts providing for the compulsory participation in certain types of agricultural work into line with the Convention. It has stressed the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to recreate and maintain minimum areas for cultivation (Ordinances Nos 710/275 and 710/276 of 25 October 1979), as well as the need to formally repeal certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). Noting that the Government previously indicated that these texts, which dated from the colonial period, had been repealed and that the voluntary nature of agricultural work has now been set out in the legislation, the Committee asks the Government once again to send a copy of the texts that repeal the abovementioned legislation and set out the voluntary nature of agricultural work.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Possibility for the recipients of a fellowship to leave their service of employment within a reasonable period. For many years, the Government has been drawing the Government’s attention to the need to amend section 28 of Decree No. 100/003 of 3 January 1990 on fellowships and traineeships, under which the recipient of a fellowship is obliged to undertake to serve the Government for a period of ten years. The Committee recalls that the obligation of service linked to training must be guided by a criteria of proportionality. In the absence of a reply from the Government to its previous request, the Committee trusts that the Government will provide, in its next report, information on the measures taken to allow persons who have received a fellowship 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.

2. Conditions governing the resignation of military personnel. In its previous comments, the Committee took note of the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non commissioned officers and privates of the national defence force, respectively. It noted that officers or non-commissioned officers may end their careers when they provide written notification of their intention to leave the national defence force and their resignation is accepted by the competent authority (section 68 of Act No. 1/15 and sections 63, 64 and 65 of Act No. 1/16). As regards privates, who are hired for a duration of 12 years, renewable by six-year periods, their request must also be accepted by the General Chief of Staff (section 40h) of Act No. 1/17. Noting that the Government has not provided any information on the conditions of resignation of military personnel, the Committee requests the Government once again to provide information on the application of the abovementioned provisions, stipulating whether requests for resignation by these members of the military staff may, in practice, be refused or delayed and, if so, to specify the reasons for these refusals or delays.

The Committee also requests the Government to indicate whether Presidential Decrees Nos 1/106 of 25 October 1967 and 1/111 of 10 November 1967, concerning the status of non-commissioned officers in the armed forces and the status of officers, respectively, have been automatically repealed by the abovementioned Acts Nos 1/15 and 1/16.

3. Trafficking in persons. The Committee notes that the Penal Code, adopted in 2009, contains sections devoted to smuggling and trafficking in persons (sections 242 and 243 of Act No. 1/05 of 22 April 2009 revising the Penal Code). Henceforth, anyone concluding an agreement to dispose of the freedom of another person may be sentenced to five to ten years’ imprisonment. Persons who conclude such an agreement for purposes of sexual or domestic exploitation of the victim (section 242), are also liable to the same prison sentences; the same rule applies to persons who have brought into Burundi or let out of the country any individuals involved in the abovementioned agreement. The Committee considers that the adoption of these provisions constitutes an important first step in the fight against trafficking in persons. It notes however that the basic components of this crime are narrowly defined and do not seem to cover trafficking in persons for the purpose of labour exploitation in general. The Committee also notes in this respect that the new Penal Code does not contain any provisions incriminating or penalizing the use of forced labour. The Committee requests the Government to provide information on the legal procedures initiated on the basis of section 242 of the Penal Code, specifying the facts that give rise to the proceedings and the penalties imposed on perpetrators. The Committee also asks the Government to provide information on the measures taken to prevent, prosecute and punish trafficking in persons both for purposes of sexual exploitation and labour exploitation, and on the difficulties encountered by the authorities in these areas.

Article 2(2)(c). Community work. The Committee notes that the Penal Code provides for, among its main penalties, the penalty of community work (section 53 and onwards). Under these provisions, any person found guilty of a crime or offence may be punished with a sanction to carry out unpaid work for a public legal entity or association authorized to carry out community work. The duration of this work may not exceed 720 hours, and the nature of and rules for carrying out this community work are specified in the sentence. The Committee asks the Government to indicate whether the sentence of community work may be issued without the consent of the person sentenced. The Government is asked to provide the list of associations authorized to implement community projects, as well as examples of the type of work carried out.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 26 November 2015. The Committee also notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. The Committee previously noted the Government’s indication that Legislative Decree No. 1/16 of 29 May 1979, which established the obligation to carry out community development work under penalty of sanctions, had been replaced by Act No. 1/016 of 20 April 2005 organizing municipal administration. According to this Act, which aims at promoting the economic and social development of municipalities not only on an individual but also on a collective and unified basis, municipalities may cooperate through a system of inter-municipality, and it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. The Act also provides for a regulatory text determining the organization, mechanisms and functioning of the “inter-municipality” system. The Committee noted that although the principle of community work was upheld in the Act, it did not explicitly provide for the voluntary nature of this work or establish the rules for participation in it. It also noted, according to information available on the Internet site of the Government and the national assembly, that community work seemed to be organized on a weekly basis and included work of reforestation, cleaning and the construction of economic and social infrastructure such as schools, colleges and health centres.

The Committee notes that the COSYBU submitted observations on the participation in and organization of compulsory community development work in 2008, 2012, 2013 and 2014. It stated that community work is decided upon unilaterally without the population being consulted and that the police are mobilized to close the streets and therefore prevent the movement of persons during this work. The COSYBU requested the Government to find a solution as soon as possible to ensure that the legislation specifically made a reference to the voluntary nature of participation in this work.

While noting that the Government previously indicated that the legislation does not provide for penalties to be imposed on persons who failed to carry out community work, the Committee observes that community work is carried out by the population without there being a text regulating the nature of this work or rules determining how this work might be required or the way in which it is organized. In these circumstances, the Committee once again expresses the hope that the Government will take the necessary steps to adopt the text applying Act No. 1/016 of 20 April 2005 organizing municipal administration, particularly with respect to the participation in and organization of community work, to ensure that the voluntary nature of participation in this work is explicitly set out in the legislation. Meanwhile the Committee asks the Government to provide information on the type and duration of the community work carried out and the number of persons concerned.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring a number of texts providing for the compulsory participation in certain types of agricultural work into line with the Convention. It has stressed the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to recreate and maintain minimum areas for cultivation (Ordinances Nos 710/275 and 710/276 of 25 October 1979), as well as the need to formally repeal certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). Noting that the Government previously indicated that these texts, which dated from the colonial period, had been repealed and that the voluntary nature of agricultural work has now been set out in the legislation, the Committee asks the Government once again to send a copy of the texts that repeal the abovementioned legislation and set out the voluntary nature of agricultural work.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Possibility for the recipients of a fellowship to leave their service of employment within a reasonable period. For many years, the Government has been drawing the Government’s attention to the need to amend section 28 of Decree No. 100/003 of 3 January 1990 on fellowships and traineeships, under which the recipient of a fellowship is obliged to undertake to serve the Government for a period of ten years. The Committee recalls that the obligation of service linked to training must be guided by a criteria of proportionality. In the absence of a reply from the Government to its previous request, the Committee trusts that the Government will provide, in its next report, information on the measures taken to allow persons who have received a fellowship 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.

2. Conditions governing the resignation of military personnel. In its previous comments, the Committee took note of the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force, respectively. It noted that officers or non-commissioned officers may end their careers when they provide written notification of their intention to leave the national defence force and their resignation is accepted by the competent authority (section 68 of Act No. 1/15 and sections 63, 64 and 65 of Act No. 1/16). As regards privates, who are hired for a duration of 12 years, renewable by six-year periods, their request must also be accepted by the General Chief of Staff (section 40h) of Act No. 1/17. Noting that the Government has not provided any information on the conditions of resignation of military personnel, the Committee requests the Government once again to provide information on the application of the abovementioned provisions, stipulating whether requests for resignation by these members of the military staff may, in practice, be refused or delayed and, if so, to specify the reasons for these refusals or delays.

The Committee also requests the Government to indicate whether Presidential Decrees Nos 1/106 of 25 October 1967 and 1/111 of 10 November 1967, concerning the status of non-commissioned officers in the armed forces and the status of officers, respectively, have been automatically repealed by the abovementioned Acts Nos 1/15 and 1/16.

3. Trafficking in persons. The Committee notes that the Penal Code, adopted in 2009, contains sections devoted to smuggling and trafficking in persons (sections 242 and 243 of Act No. 1/05 of 22 April 2009 revising the Penal Code). Henceforth, anyone concluding an agreement to dispose of the freedom of another person may be sentenced to five to ten years’ imprisonment. Persons who conclude such an agreement for purposes of sexual or domestic exploitation of the victim (section 242), are also liable to the same prison sentences; the same rule applies to persons who have brought into Burundi or let out of the country any individuals involved in the abovementioned agreement. The Committee considers that the adoption of these provisions constitutes an important first step in the fight against trafficking in persons. It notes however that the basic components of this crime are narrowly defined and do not seem to cover trafficking in persons for the purpose of labour exploitation in general. The Committee also notes in this respect that the new Penal Code does not contain any provisions incriminating or penalizing the use of forced labour. The Committee requests the Government to provide information on the legal procedures initiated on the basis of section 242 of the Penal Code, specifying the facts that give rise to the proceedings and the penalties imposed on perpetrators. The Committee also asks the Government to provide information on the measures taken to prevent, prosecute and punish trafficking in persons both for purposes of sexual exploitation and labour exploitation, and on the difficulties encountered by the authorities in these areas.

Article 2(2)(c). Community work. The Committee notes that the Penal Code provides for, among its main penalties, the penalty of community work (section 53 and onwards). Under these provisions, any person found guilty of a crime or offence may be punished with a sanction to carry out unpaid work for a public legal entity or association authorized to carry out community work. The duration of this work may not exceed 720 hours, and the nature of and rules for carrying out this community work are specified in the sentence. The Committee asks the Government to indicate whether the sentence of community work may be issued without the consent of the person sentenced. The Government is asked to provide the list of associations authorized to implement community projects, as well as examples of the type of work carried out.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the observations communicated by the Trade Union Confederation of Burundi (COSYBU), received on 26 September 2014, in which the COSYBU reiterates its comments and requests concerning compulsory community development work. The Committee also notes with regret that, for the third consecutive year, the Government has not submitted a report on the application of the Convention.

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. The Committee previously noted the Government’s indication that Legislative Decree No. 1/16 of 29 May 1979, which established the obligation to carry out community development work under penalty of sanctions, had been replaced by Act No. 1/016 of 20 April 2005 organizing municipal administration. According to this Act, which aims at promoting the economic and social development of municipalities not only on an individual but also on a collective and unified basis, municipalities may cooperate through a system of inter-municipality, and it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. The Act also provides for a regulatory text determining the organization, mechanisms and functioning of the “inter-municipality” system. The Committee noted that although the principle of community work was upheld in the Act, it did not explicitly provide for the voluntary nature of this work or establish the rules for participation in it. It also noted, according to information available on the Internet site of the Government and the national assembly, that community work seemed to be organized on a weekly basis and included work of reforestation, cleaning and the construction of economic and social infrastructure such as schools, colleges and health centres.

The Committee notes that the COSYBU submitted observations on the participation in and organization of compulsory community development work in 2008, 2012, 2013 and 2014. It stated that community work is decided upon unilaterally without the population being consulted and that the police are mobilized to close the streets and therefore prevent the movement of persons during this work. The COSYBU requested the Government to find a solution as soon as possible to ensure that the legislation specifically made a reference to the voluntary nature of participation in this work.

While noting that the Government previously indicated that the legislation does not provide for penalties to be imposed on persons who failed to carry out community work, the Committee observes that community work is carried out by the population without there being a text regulating the nature of this work or rules determining how this work might be required or the way in which it is organized. In these circumstances, the Committee once again expresses the hope that the Government will take the necessary steps to adopt the text applying Act No. 1/016 of 20 April 2005 organizing municipal administration, particularly with respect to the participation in and organization of community work, to ensure that the voluntary nature of participation in this work is explicitly set out in the legislation. Meanwhile the Committee asks the Government to provide information on the type and duration of the community work carried out and the number of persons concerned.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring a number of texts providing for the compulsory participation in certain types of agricultural work into line with the Convention. It has stressed the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to recreate and maintain minimum areas for cultivation (Ordinances Nos 710/275 and 710/276 of 25 October 1979), as well as the need to formally repeal certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). Noting that the Government previously indicated that these texts, which dated from the colonial period, had been repealed and that the voluntary nature of agricultural work has now been set out in the legislation, the Committee asks the Government once again to send a copy of the texts that repeal the abovementioned legislation and set out the voluntary nature of agricultural work.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Possibility for the recipients of a fellowship to leave their service of employment within a reasonable period. For many years, the Government has been drawing the Government’s attention to the need to amend section 28 of Decree No. 100/003 of 3 January 1990 on fellowships and traineeships, under which the recipient of a fellowship is obliged to undertake to serve the Government for a period of ten years. The Committee recalls that the obligation of service linked to training must be guided by a criteria of proportionality. In the absence of a reply from the Government to its previous request, the Committee trusts that the Government will provide, in its next report, information on the measures taken to allow persons who have received a fellowship 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.

Conditions governing the resignation of military personnel. In its previous comments, the Committee took note of the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force, respectively. It noted that officers or non-commissioned officers may end their careers when they provide written notification of their intention to leave the national defence force and their resignation is accepted by the competent authority (section 68 of Act No. 1/15 and sections 63, 64 and 65 of Act No. 1/16). As regards privates, who are hired for a duration of 12 years, renewable by six-year periods, their request must also be accepted by the General Chief of Staff (section 40h) of Act No. 1/17. Noting that the Government has not provided any information on the conditions of resignation of military personnel, the Committee requests the Government once again to provide information on the application of the abovementioned provisions, stipulating whether requests for resignation by these members of the military staff may, in practice, be refused or delayed and, if so, to specify the reasons for these refusals or delays.

The Committee also requests the Government to indicate whether Presidential Decrees Nos 1/106 of 25 October 1967 and 1/111 of 10 November 1967, concerning the status of non-commissioned officers in the armed forces and the status of officers, respectively, have been automatically repealed by the abovementioned Acts Nos 1/15 and 1/16.

Trafficking in persons. The Committee notes that the new Penal Code, adopted in 2009, contains sections devoted to smuggling and trafficking in persons (sections 242 and 243 of Act No. 1/05 of 22 April 2009 revising the Penal Code). Henceforth, anyone concluding an agreement to dispose of the freedom of another person may be sentenced to five to ten years’ imprisonment. Persons who conclude such an agreement for purposes of sexual or domestic exploitation of the victim (section 242), are also liable to the same prison sentences; the same rule applies to persons who have brought into Burundi or let out of the country any individuals involved in the abovementioned agreement. The Committee considers that the adoption of these provisions constitutes an important first step in the fight against trafficking in persons. It notes however that the basic components of this crime are narrowly defined and do not seem to cover trafficking in persons for the purpose of labour exploitation in general. The Committee also notes in this respect that the new Penal Code does not contain any provisions incriminating or penalizing the use of forced labour. The Committee requests the Government to provide information on the legal procedures initiated on the basis of section 242 of the Penal Code, specifying the facts that give rise to the proceedings and the penalties imposed on perpetrators. The Committee also asks the Government to provide information on the measures taken to prevent, prosecute and punish trafficking in persons both for purposes of sexual exploitation and labour exploitation, and on the difficulties encountered by the authorities in these areas.

Article 2(2)(c). Community work. The Committee notes that the Penal Code adopted in 2009 provides for, among its main penalties, the penalty of community work (section 53 and onwards). Under these provisions, any person found guilty of a crime or offence may be punished with a sanction to carry out unpaid work for a public legal entity or association authorized to carry out community work. The duration of this work may not exceed 720 hours, and the nature of and rules for carrying out this community work are specified in the sentence. The Committee asks the Government to indicate whether the sentence of community work may be issued without the consent of the person sentenced. The Government is asked to provide the list of associations authorized to implement community projects, as well as examples of the type of work carried out.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee takes note of the communication of the Trade Union Confederation of Burundi (COSYBU) received on 2 September 2013, and forwarded to the Government on 19 September 2013, concerning compulsory community development work. The Committee also notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. In its previous comments, the Committee noted the Government’s indication that Legislative Decree No. 1/16 of 29 May 1979, which established the obligation to carry out community development work under penalty of sanctions, had been replaced by Act No. 1/016 of 20 April 2005 organizing municipal administration. According to this Act, which aims at promoting the economic and social development of municipalities not only on an individual but also on a collective and unified basis – municipalities may cooperate through a system of inter-municipality, and it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. The Act also provides for a regulatory text determining the organization, mechanisms and rules of procedure of inter-municipality. The Committee noted that although the principle of community work was upheld in the Act, it did not explicitly provide for the voluntary nature of this work or establish the rules for participation in this work. In this respect, the Committee noted that, according to the observations submitted in 2008 by the COSYBU, community work is decided upon without popular consultation and the Government bans the movement of persons throughout the duration of this work. It also noted, according to information available on the internet site of the Government and the National Assembly, that community work seemed to be organized on a weekly basis and included work of reforestation, cleaning and the construction of economic and social infrastructure such as schools, colleges and health centres. Taking into account this information, the Committee requested the Government to take the necessary steps to adopt the text applying the Act of 2005 and ensure that it explicitly referred to the voluntary nature of participation in this work.

The Committee takes note of the new observations received by the COSYBU in 2012 and forwarded to the Government on 18 September 2012. It notes that the COSYBU confirms that community work is decided upon unilaterally without the population being consulted. The COSYBU refers to the mobilization of the police to prevent the movement of persons during this work. The Committee notes with regret that the Government has failed once again to reply to the observations made by the COSYBU and that, for the second consecutive year, it has not provided a report on the application of the Convention. While noting that the Government previously indicated that the legislation does not provide for penalties to be imposed on persons who fail to carry out community work, the Committee observes that community work is carried out by the population without there being a text regulating the nature of this work or rules determining how this work might be required of the population or the way in which it is organized. In these circumstances, the Committee once again expresses the hope that the Government will take the necessary steps to adopt the text applying Act No. 1/016 of 20 April 2005 organizing municipal administration, particularly with respect to the participation in and organization of community work, to ensure that the voluntary nature of participation in this work is explicitly set out in the legislation. Meanwhile, the Committee asks the Government to provide information on the type and duration of the community work carried out and the number of persons concerned.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring a number of texts providing for the compulsory participation in certain types of agricultural work into line with the Convention. It has stressed the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to recreate and maintain minimum areas of fruit crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979), as well as the need to formally repeal certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). Noting that the Government previously indicated that these texts, which dated from the colonial period, had been repealed and that the voluntary nature of agricultural work had now been set out in the legislation, the Committee requests the Government once again to send a copy of the texts that repeal the abovementioned legislation and set out the voluntary nature of agricultural work.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Possibility for the recipients of a fellowship to leave their service of employment within a reasonable period. For many years, the Government has been drawing the Government’s attention to the need to amend section 28 of Decree No. 100/003 of 3 January 1990 on fellowships and traineeships, under which the recipient of a fellowship is obliged to undertake to serve the Government for a period of ten years. The Committee recalls that the obligation of service linked to training must be guided by a criteria of proportionality. In the absence of a reply from the Government to its previous request, the Committee trusts that the Government will provide, in its next report, information on the measures taken to allow persons who have received a fellowship 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.

Conditions governing the resignation of military personnel. In its previous comments, the Committee took note of the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force, respectively. It noted that officers or non-commissioned officers may end their careers when they provide written notification of their intention to leave the national defence force and their resignation is accepted by the competent authority (section 68 of Act No. 1/15 and sections 63, 64 and 65 of Act No. 1/16). As regards privates, who are hired for a duration of 12 years, renewable by six-year periods, their request must also be accepted by the General Chief of Staff (section 40h) of Act No. 1/17. Noting that the Government has not provided any information on the conditions of resignation of military personnel, the Committee requests the Government once again to provide information on the application of the abovementioned provisions, stipulating whether requests for resignation by these members of the military staff may, in practice, be refused or delayed and, if so, to specify the reasons for these refusals or delays.

The Committee also requests the Government to indicate whether Presidential Decrees Nos 1/106 of 25 October 1967 and 1/111 of 10 November 1967, concerning the status of non-commissioned officers in the armed forces and the status of officers, respectively, have been automatically repealed by the abovementioned Acts Nos 1/15 and 1/16.

Trafficking in persons. The Committee notes that the new Penal Code, adopted in 2009, contains sections devoted to smuggling and trafficking in persons (sections 242 and 243 of Act No. 1/05 of 22 April 2009 revising the Penal Code). Henceforth, anyone concluding an agreement to dispose of the freedom of another person may be sentenced to five to ten years’ imprisonment. Persons who conclude such an agreement for purposes of sexual or domestic exploitation of the victim (section 242), are also liable to the same prison sentences; the same rule applies to persons who have brought into Burundi or let out of the country any individuals involved in the abovementioned agreement. The Committee considers that the adoption of these provisions constitutes an important first step in the fight against trafficking in persons. It notes however that the basic components of this crime are narrowly defined and do not seem to cover trafficking in persons for the purpose of labour exploitation in general. The Committee also notes in this respect that the new Penal Code does not contain any provisions incriminating or penalizing the use of forced labour. The Committee requests the Government to provide information on the legal procedures initiated on the basis of section 242 of the Penal Code, specifying the facts that give rise to the proceedings and the penalties imposed on perpetrators. The Committee also asks the Government to provide information on the measures taken to prevent, prosecute and punish trafficking in persons both for purposes of sexual exploitation and labour exploitation, and on the difficulties encountered by the authorities in these areas.

Article 2(2)(c). Community work. The Committee notes that the Penal Code adopted in 2009 provides for, among its main penalties, the penalty of community work (section 53 and onwards). Under these provisions, any person found guilty of a crime or offence may be punished with a sanction to carry out unpaid work for a public legal entity or association authorized to carry out community work. The duration of this work may not exceed 720 hours, and the nature of and rules for carrying out this community work are specified in the sentence. The Committee asks the Government to indicate whether the sentence of community work may be issued without the agreement of the person sentenced. The Government is asked to provide the list of associations authorized to implement community projects, as well as examples of the type of work carried out.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. In its previous comments, the Committee noted the Government’s indication that Legislative Decree No. 1/16 of 29 May 1979, which established the obligation to carry out community development work under penalty of sanctions, had been replaced by Act No. 1/016 of 20 April 2005 organizing municipal administration. According to this Act, which aims at promoting the economic and social development of municipalities not only on an individual but also on a collective and unified basis – municipalities may cooperate through a system of inter-municipality, and it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. The Act also provides for a regulatory text determining the organization, mechanisms and rules of procedure of inter-municipality. The Committee noted that although the principle of community work was upheld in the Act, it did not explicitly provide for the voluntary nature of this work or establish the rules for participation in this work. In this respect, the Committee noted that, according to the observations submitted in 2008 by the Trade Union Confederation of Burundi (COSYBU), community work is decided upon without popular consultation and the Government bans the movement of persons throughout the duration of this work. It also noted, according to information available on the Internet site of the Government and the National Assembly, that community work seemed to be organized on a weekly basis and included work of reforestation, cleaning and the construction of economic and social infrastructure such as schools, colleges and health centres. Taking into account this information, the Committee requested the Government to take the necessary steps to adopt the text applying the Act of 2005 and ensure that it explicitly referred to the voluntary nature of participation in this work.

The Committee takes note of new observations received by the COSYBU on 31 August 2012 and forwarded to the Government on 18 September 2012. It notes that the COSYBU confirms that community work is decided upon unilaterally without the population being consulted. The COSYBU refers to the mobilization of the police to prevent the movement of persons during this work. The Committee notes with regret that the Government has failed once again to reply to the observations made by the COSYBU and that, for the second consecutive year, it has not provided a report on the application of the Convention. While noting that the Government previously indicated that the legislation does not provide for penalties to be imposed on persons who fail to carry out community work, the Committee observes that community work is carried out by the population without there being a text regulating the nature of this work or rules determining how this work might be required of the population or the way in which it is organized. In these circumstances, the Committee once again expresses the hope that the Government will take the necessary steps to adopt the text applying Act No. 1/016 of 20 April 2005 organizing municipal administration, particularly with respect to the participation in and organization of community work, to ensure that the voluntary nature of participation in this work is explicitly set out in the legislation. Meanwhile, the Committee asks the Government to provide information on the type and duration of the community work carried out and the number of persons concerned.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring a number of texts providing for the compulsory participation in certain types of agricultural work into line with the Convention. It has stressed the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to recreate and maintain minimum areas of fruit crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979), as well as the need to formally repeal certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). Noting that the Government previously indicated that these texts, which dated from the colonial period, had been repealed and that the voluntary nature of agricultural work had now been set out in the legislation, the Committee requests the Government once again to send a copy of the texts that repeal the abovementioned legislation and set out the voluntary nature of agricultural work.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. Possibility for the recipients of a fellowship to leave their service of employment within a reasonable period. For many years, the Government has been drawing the Government’s attention to the need to amend section 28 of Decree No. 100/003 of 3 January 1990 on fellowships and traineeships, under which the recipient of a fellowship is obliged to undertake to serve the Government for a period of ten years. The Committee recalls that the obligation of service linked to training must be guided by a criteria of proportionality. In the absence of a reply from the Government to its previous request, the Committee trusts that the Government will provide, in its next report, information on the measures taken to allow persons who have received a fellowship 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.

Conditions governing the resignation of military personnel. In its previous comments, the Committee took note of the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force, respectively. It noted that officers or non-commissioned officers may end their careers when they provide written notification of their intention to leave the national defence force and their resignation is accepted by the competent authority (section 68 of Act No. 1/15 and sections 63, 64 and 65 of Act No. 1/16). As regards privates, who are hired for a duration of 12 years, renewable by six-year periods, their request must also be accepted by the General Chief of Staff (section 40h) of Act No. 1/17. Noting that the Government has not provided any information on the conditions of resignation of military personnel, the Committee requests the Government once again to provide information on the application of the abovementioned provisions, stipulating whether requests for resignation by these members of the military staff may, in practice, be refused or delayed and, if so, to specify the reasons for these refusals or delays.

The Committee also requests the Government to indicate whether Presidential Decrees Nos 1/106 of 25 October 1967 and 1/111 of 10 November 1967, concerning the status of non-commissioned officers in the armed forces and the status of officers, respectively, have been automatically repealed by the abovementioned Acts Nos 1/15 and 1/16.

Trafficking in persons. The Committee notes that the new Penal Code, adopted in 2009, contains sections devoted to smuggling and trafficking in persons (sections 242 and 243 of Act No. 1/05 of 22 April 2009 revising the Penal Code). Henceforth, anyone concluding an agreement to dispose of the freedom of another person may be sentenced to five to ten years’ imprisonment. Persons who conclude such an agreement for purposes of sexual or domestic exploitation of the victim (section 242), are also liable to the same prison sentences; the same rule applies to persons who have brought into Burundi or let out of the country any individuals involved in the abovementioned agreement. The Committee considers that the adoption of these provisions constitutes an important first step in the fight against trafficking in persons. It notes however that the basic components of this crime are narrowly defined and do not seem to cover trafficking in persons for the purpose of labour exploitation in general. The Committee also notes in this respect that the new Penal Code does not contain any provisions incriminating or penalizing the use of forced labour. The Committee requests the Government to provide information on the legal procedures initiated on the basis of section 242 of the Penal Code, specifying the facts that give rise to the proceedings and the penalties imposed on perpetrators. The Committee also asks the Government to provide information on the measures taken to prevent, prosecute and punish trafficking in persons both for purposes of sexual exploitation and labour exploitation, and on the difficulties encountered by the authorities in these areas.

Article 2(2)(c). Community work. The Committee notes that the Penal Code adopted in 2009 provides for, among its main penalties, the penalty of community work (section 53 and onwards). Under these provisions, any person found guilty of a crime or offence may be punished with a sanction to carry out unpaid work for a public legal entity or association authorized to carry out community work. The duration of this work may not exceed 720 hours, and the nature of and rules for carrying out this community work are specified in the sentence. The Committee asks the Government to indicate whether the sentence of community work may be issued without the agreement of the person sentenced. The Government is asked to provide the list of associations authorized to implement community projects, as well as examples of the type of work carried out.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Referring to its previous comments on the need to amend sections 340 and 341 of the Penal Code, pursuant to which, in the event of begging or vagrancy, a person may be placed at the Government’s disposal for a certain period and be forced to perform work in a prison institution, the Committee notes with satisfaction that the new Penal Code, adopted in 2009, no longer contains a provision criminalizing and penalizing begging and vagrancy.

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. For many years, the Committee drew the Government’s attention to the need to bring Legislative Decree No. 1/16 of 29 May 1979 – establishing the obligation to carry out community development work under penalty of sanctions (one month of penal labour performed on one half day a week) – in conformity with the Convention. The Government previously indicated that this Legislative Decree had been repealed and that Act No. 1/016 of 20 April 2005 organizing municipal administration provided for voluntary participation in municipal development activities within the framework of national reconstruction.

In its previous observation, however, the Committee pointed out that the Act of 2005 did not explicitly provide for the voluntary nature of this work. The Act specifies that, with a view to promoting the economic and social development of municipalities – not only on an individual but also on a collective and unified basis – municipalities may cooperate through a system of inter-municipality. It also states that it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. A regulatory text determines the organization, mechanisms and rules of procedure of inter-municipality. The Committee therefore requested the Government to indicate whether the text implementing the Act organizing municipal administration had been adopted and to provide information on the type and duration of the community work carried out and the number of persons concerned. It also asked the Government to specify whether persons who evade community labour are liable to penalties.

The Committee notes that, in its last report, the Government confirms that Decree No. 1/16 of 1979 has been replaced by the Act organizing municipal administration of 2005 and that the latter does not provide for penalties to be imposed on persons who fail to carry out community work. The Committee also notes that the Government has not made any comment on the observations sent in 2008 by the Trade Union Confederation of Burundi (COSYBU), stating that community work is decided upon without popular consultation and that the Government bans the movement of persons throughout the duration of this work.

The Committee notes that, although the principle of community work has been upheld in the 2005 Act organizing municipal administration, the rules for participation in this work do not seem to have been established under the legislation because, on the one hand, no text implementing the Act has been adopted and, on the other hand, according to the Government, the Decree of 1979 has been repealed. The Committee points out however that, according to information available on the Internet site of the Government and the National Assembly, community work seems to be organized on a weekly basis and includes work of reforestation, cleaning and the construction of economic and social infrastructure such as schools, colleges and health centres. Taking into account this information, the observations from the COSYBU and the legal void apparently existent with respect to the conditions for organization and participation in community work, the Committee requests the Government to take the necessary steps to adopt the text applying the Act of 2005 and that this text will explicitly refer to the voluntary nature of participation in this work.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring a number of texts providing for the compulsory participation in certain types of agricultural work into line with the Convention. It had stressed the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas of fruit crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979), as well as the need to formally repeal certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). In its last report, the Government indicates that these texts, which dated from the colonial period, have been repealed, and that the voluntary nature of agriculture work has now been set out in the legislation. The Committee takes due note of this information and requests the Government to send a copy of the texts that repeal the abovementioned legislation and set out the voluntary nature of agricultural work.

The Committee is raising other points in a request that it is addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It is nevertheless cognizant of the adoption in April 2009 of a new Penal Code, the provisions of which will be examined at its next session. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1 (paragraph 1), and 2 (paragraph 2, subparagraphs (b) and (e)), of the Convention. Civic obligations of public interest. Minor communal services. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations of public interest are not considered to be forced or compulsory labour. In response to a request from the Committee for information on the nature of civic legal obligations, the Government stated that such obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee requested the Government to provide copies of the relevant legislative or regulatory texts so that it could assess whether work carried out within the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour. In this respect, the Committee notes the provisions of Act No. 1/016 of 20 April 2005 organizing municipal administration. Under section 7, paragraph 2, of this Act, with a view to promoting the economic and social development of municipalities on not only an individual but a collective and unified basis, municipalities may cooperate through a system of intermunicipality. A regulatory text determines the organization, mechanisms and rules of procedure of intermunicipality. Under section 13 of the Act, the municipal council regulates, through deliberation, the affairs of the municipality, and, in particular, establishes the community development programme and monitors the implementation and carries out the evaluation thereof. Each year, in consultation with the governor of the province or the mayor, it establishes the conditions for carrying out development activities in fields where it is necessary to coordinate the action of the State and the municipality. The Committee also notes that, under sections 25, 31, 37 to 40, 47, 48 and 53 of the Act, other entities intervene at various levels in the socio-economic development activities: the municipal administrator, the chef de colline or chef de quartier (local government officials), the conseil de colline or conseil de quartier (local government councils), the municipal committee for community development, the chef de zone (local government official) and the technical adviser responsible for the development of the municipality. The Committee notes the information in the Government’s report indicating that the implementing texts of the abovementioned Act are not yet available. The Committee hopes that the Government will be able to provide these texts with its next report. It also asks the Government to provide information on the application of these provisions in practice, including details of the type and duration of the work carried out and the number of persons concerned, and to indicate whether persons who evade community labour are liable to penalties.

In its 2007 General Survey on eradication of forced labour, the Committee referred to the criteria which serve to determine the minor communal services excluded from the scope of the Convention and which serve to distinguish them from other forms of compulsory services which, under the terms of the Convention, must be abolished. These criteria are as follows: (1) the services must be “minor services”, i.e. relate primarily to maintenance work; (2) the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must “have the right to be consulted in regard to the need for such services” (see paragraph 65 of the General Survey).

The Committee hopes that the Government will take this information into account when adopting the implementing texts of Act No. 1/016.

The Committee also comments on the compulsory civic service established under Legislative Decree No. 1/1005 of 1 December 1996 within the framework of the application of Convention No. 105.

Possibility for the recipients of a fellowship and for military servicemen to leave their service or employment within a reasonable period. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of national legislation:

–      section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

–      section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

Since the Government did not provide any information in this respect in its last report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship 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.

Conditions governing the resignation of military servicemen. The Committee notes the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force. It notes that, under section 68(e) of Act No. 1/15, an officer’s career ends through the offering and acceptance of resignation, when the officer has provided written notification of his intention to leave the national defence force. Under section 68, paragraph 3, of Act No. 1/15, the end of the officer’s career is decided by the President of the Republic at the proposal of the minister responsible for national defence. Under section 63(g) of Act No. 1/16, a non-commissioned officer’s career ends through the offering and acceptance of resignation, when he has provided written notification of his intention to leave the national defence force. Under sections 64 and 65 of Act No. 1/16, the end of the non-commissioned officer’s career or contract is decided by the minister responsible for national defence, at the proposal of the General Chief of Staff and/or following the recommendation of the Commission of Inquiry. Under section 40(h) of Act No. 1/17, the termination of an existing contract, requested by the person concerned and accepted by the General Chief of Staff, involves the definitive suspension of the services of the private. The Committee also notes that, under section 7 of Act No. 1/17, privates are hired on contracts of a duration of 12 years. Re-hiring for periods of six years at a time may be permitted in the form and under the conditions set by the General Chief of Staff. The Committee asks the Government to indicate how the resignation of officers, non-commissioned officers and privates is accepted in practice and whether there are any cases in which the resignation may be refused. It also asks the Government to indicate whether there are any texts governing the resignation of military servicemen in a more specific manner and, if so, to provide copies.

Trafficking in persons. The Government having previously stated that the legislation prescribing the penalties for the trafficking of women was being prepared, the Committee asks the Government to provide a copy of this text once it has been adopted.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It further notes with regret that the Government has not provided its comments on the observations presented by the Trade Union Confederation of Burundi (COSYBU), which were transmitted to it in September 2008. In its observations the COSYBU underlined that, contrary to what is required by the Convention, community work is decided on without popular consultation. It adds that the persons who participate in this work are confined to their workplace, since the Government prohibits the movement of persons during the performance of this work. The Committee insists all the more that the Government provide its comments on this subject, considering that the question of community development work has been the subject of its comments for a number of years (see below as well as the direct request addressed to the Government).

In the absence of the Government’s report, the Committee must repeat its previous observation, which read as follows:

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Compulsory community development work. Compulsory agricultural work. Compulsory labour resulting from a sentence handed down for the offences of begging and vagrancy. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into line with the Convention. The Committee notes from the information provided by the Government in its report that the provisions in question still appear to be in force.

With regard to Legislative Decree No. 1/16 of 29 May 1979, which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work, the Committee notes that, according to the Government, Act No. 1/016 of 20 April 2005 organizing municipal administration, provides for voluntary participation in municipal development activities within the framework of national reconstruction. The Committee does not, however, note any provision to this effect in the version of the text annexed to the Government’s report. Furthermore, the Committee notes that, according to the Government, the Legislative Decree of 29 May 1979 has been repealed. The Committee notes, however, that Act No. 1/016 of 20 April 2005 does not expressly repeal the abovementioned Legislative Decree. The Committee would therefore be grateful if the Government would indicate, firstly, whether Act No. 1/016 of 20 April 2005 was amended following its promulgation in the sense indicated by the Government and, secondly, the provisions which expressly repeal Legislative Decree No. 1/16 of 29 May 1979.

The Committee recalls that its previous comments referred to the following matters:

–      the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979);

–      the need to repeal formally certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, and Decree of 10 May 1957);

–      the need to amend sections 340 and 341 of the Penal Code, pursuant to which, in the event of begging or vagrancy, a person may be placed at the disposal of the Government for a period of between one and five years, during which time he may be forced to perform work in a prison institution.

Recalling the Government’s statement, according to which the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture was to be submitted for repeal at one of the subsequent meetings of the Council of Ministers, the Committee once again expresses the hope that the Government will make every effort to take concrete measures to bring the legislation into conformity with the Convention in the very near future.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1(1) and 2(2)(b) and (e) of the Convention. Civic obligations of public interest. Minor communal services. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations of public interest are not considered to be forced or compulsory labour. In response to a request from the Committee for information on the nature of civic legal obligations, the Government stated that such obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee requested the Government to provide copies of the relevant legislative or regulatory texts so that it could assess whether work carried out within the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour. In this respect, the Committee notes the provisions of Act No. 1/016 of 20 April 2005 organizing municipal administration. Under section 7, paragraph 2, of this Act, with a view to promoting the economic and social development of municipalities on not only an individual but a collective and unified basis, municipalities may cooperate through a system of intermunicipality. A regulatory text determines the organization, mechanisms and rules of procedure of intermunicipality. Under section 13 of the Act, the municipal council regulates, through deliberation, the affairs of the municipality, and, in particular, establishes the community development programme and monitors the implementation and carries out the evaluation thereof. Each year, in consultation with the governor of the province or the mayor, it establishes the conditions for carrying out development activities in fields where it is necessary to coordinate the action of the State and the municipality. The Committee also notes that, under sections 25, 31, 37 to 40, 47, 48 and 53 of the Act, other entities intervene at various levels in the socio‑economic development activities: the municipal administrator, the chef de colline or chef de quartier (local government officials), the conseil de colline or conseil de quartier (local government councils), the municipal committee for community development, the chef de zone (local government official) and the technical adviser responsible for the development of the municipality. The Committee notes the information in the Government’s report indicating that the implementing texts of the abovementioned Act are not yet available. The Committee hopes that the Government will be able to provide these texts with its next report. It also asks the Government to provide information on the application of these provisions in practice, including details of the type and duration of the work carried out and the number of persons concerned, and to indicate whether persons who evade community labour are liable to penalties.

In its 2007 General Survey on eradication of forced labour, the Committee referred to the criteria which serve to determine the minor communal services excluded from the scope of the Convention and which serve to distinguish them from other forms of compulsory services which, under the terms of the Convention, must be abolished. These criteria are as follows: (1) the services must be “minor services”, i.e. relate primarily to maintenance work; (2) the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must “have the right to be consulted in regard to the need for such services” (see paragraph 65 of the General Survey).

The Committee hopes that the Government will take this information into account when adopting the implementing texts of Act No. 1/016.

The Committee also comments on the compulsory civic service established under Legislative Decree No. 1/1005 of 1 December 1996 within the framework of the application of Convention No. 105.

Possibility for the recipients of a fellowship and for military servicemen to leave their service or employment within a reasonable period. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of national legislation:

–      section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

–      section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

Since the Government did not provide any information in this respect in its last report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship 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.

Conditions governing the resignation of military servicemen. The Committee notes the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force. It notes that, under section 68(e) of Act No. 1/15, an officer’s career ends through the offering and acceptance of resignation, when the officer has provided written notification of his intention to leave the national defence force. Under section 68, paragraph 3, of Act No. 1/15, the end of the officer’s career is decided by the President of the Republic at the proposal of the minister responsible for national defence. Under section 63(g) of Act No. 1/16, a non-commissioned officer’s career ends through the offering and acceptance of resignation, when he has provided written notification of his intention to leave the national defence force. Under sections 64 and 65 of Act No. 1/16, the end of the non-commissioned officer’s career or contract is decided by the minister responsible for national defence, at the proposal of the General Chief of Staff and/or following the recommendation of the Commission of Inquiry. Under section 40(h) of Act No. 1/17, the termination of an existing contract, requested by the person concerned and accepted by the General Chief of Staff, involves the definitive suspension of the services of the private. The Committee also notes that, under section 7 of Act No. 1/17, privates are hired on contracts of a duration of 12 years. Re-hiring for periods of six years at a time may be permitted in the form and under the conditions set by the General Chief of Staff. The Committee asks the Government to indicate how the resignation of officers, non-commissioned officers and privates is accepted in practice and whether there are any cases in which the resignation may be refused. It also asks the Government to indicate whether there are any texts governing the resignation of military servicemen in a more specific manner and, if so, to provide copies.

Article 25. Application of effective penal sanctions. The Committee recalls that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really adequate and strictly enforced. In this regard, the Committee noted in its previous comments that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, are only punishable by a fine of between 2,500 and 5,000 Burundi francs (BIF). The Committee asked the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It also requested that the Government provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution, which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1), and, where appropriate, information on legal proceedings initiated against those responsible for such exploitation and the penalties imposed. The Committee notes that the Government has attached to its latest report copies of the 1981 Penal Code and the 1999 Code of Penal Procedure, and that it states that the legislation prescribing the penalties for the trafficking of women is being prepared. It is the Committee’s understanding that a reform of the Penal Code is currently under consideration. The Committee would be grateful if the Government would provide copies of the texts being prepared once they have been adopted.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the communication dated 30 August 2008 received from the Confederation of Trade Unions of Burundi (COSYBU), which was sent to the Government on 22 September 2008. The Committee asks the Government to provide information in this regard in its next report.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1(1) and 2(1) of the Convention. Compulsory community development work. Compulsory agricultural work. Compulsory labour resulting from a sentence handed down for the offences of begging and vagrancy. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into line with the Convention. The Committee notes from the information provided by the Government in its report that the provisions in question still appear to be in force.

With regard to Legislative Decree No. 1/16 of 29 May 1979, which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work, the Committee notes that, according to the Government, Act No. 1/016 of 20 April 2005 organizing municipal administration, provides for voluntary participation in municipal development activities within the framework of national reconstruction. The Committee does not, however, note any provision to this effect in the version of the text annexed to the Government’s report. Furthermore, the Committee notes that, according to the Government, the Legislative Decree of 29 May 1979 has been repealed. The Committee notes, however, that Act No. 1/016 of 20 April 2005 does not expressly repeal the abovementioned Legislative Decree. The Committee would therefore be grateful if the Government would indicate, firstly, whether Act No. 1/016 of 20 April 2005 was amended following its promulgation in the sense indicated by the Government and, secondly, the provisions which expressly repeal Legislative Decree No. 1/16 of 29 May 1979.

The Committee recalls that its previous comments referred to the following matters:

–      the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979);

–      the need to repeal formally certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, and Decree of 10 May 1957);

–      the need to amend sections 340 and 341 of the Penal Code, pursuant to which, in the event of begging or vagrancy, a person may be placed at the disposal of the Government for a period of between one and five years, during which time he may be forced to perform work in a prison institution.

Recalling the Government’s statement, according to which the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture was to be submitted for repeal at one of the subsequent meetings of the Council of Ministers, the Committee once again expresses the hope that the Government will make every effort to take concrete measures to bring the legislation into conformity with the Convention in the very near future.

The Committee is also addressing a request directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(2)(b) and (e) of the Convention. Civic obligations of public interest. Minor communal services. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations of public interest are not considered to be forced or compulsory labour. In response to a request from the Committee for information on the nature of civic legal obligations, the Government stated that such obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee requested the Government to provide copies of the relevant legislative or regulatory texts so that it could assess whether work carried out within the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour. In this respect, the Committee notes the provisions of Act No. 1/016 of 20 April 2005 organizing municipal administration. Under section 7, paragraph 2, of this Act, with a view to promoting the economic and social development of municipalities on not only an individual but a collective and unified basis, municipalities may cooperate through a system of intermunicipality. A regulatory text determines the organization, mechanisms and rules of procedure of intermunicipality. Under section 13 of the Act, the municipal council regulates, through deliberation, the affairs of the municipality, and, in particular, establishes the community development programme and monitors the implementation and carries out the evaluation thereof. Each year, in consultation with the governor of the province or the mayor, it establishes the conditions for carrying out development activities in fields where it is necessary to coordinate the action of the State and the municipality. The Committee also notes that, under sections 25, 31, 37 to 40, 47, 48 and 53 of the Act, other entities intervene at various levels in the socio‑economic development activities: the municipal administrator, the chef de colline or chef de quartier (local government officials), the conseil de colline or conseil de quartier (local government councils), the municipal committee for community development, the chef de zone (local government official) and the technical adviser responsible for the development of the municipality. The Committee notes the information in the Government’s report indicating that the implementing texts of the abovementioned Act are not yet available. The Committee hopes that the Government will be able to provide these texts with its next report. It also asks the Government to provide information on the application of these provisions in practice, including details of the type and duration of the work carried out and the number of persons concerned, and to indicate whether persons who evade community labour are liable to penalties.

In its 2007 general survey on eradication of forced labour, the Committee referred to the criteria which serve to determine the minor communal services excluded from the scope of the Convention and which serve to distinguish them from other forms of compulsory services which, under the terms of the Convention, must be abolished. These criteria are as follows: (1) the services must be “minor services”, i.e. relate primarily to maintenance work; (2) the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must “have the right to be consulted in regard to the need for such services” (see paragraph 65 of the General Survey).

The Committee hopes that the Government will take this information into account when adopting the implementing texts of Act No. 1/016.

The Committee also comments on the compulsory civic service established under Legislative Decree No. 1/1005 of 1 December 1996 within the framework of the application of Convention No. 105.

Possibility for the recipients of a fellowship and for military servicemen to leave their service or employment within a reasonable period. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of national legislation:

–           section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

–           section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non‑commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

Since the Government did not provide any information in this respect in its last report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship 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.

Conditions governing the resignation of military servicemen. The Committee notes the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force. It notes that, under section 68(e) of Act No. 1/15, an officer’s career ends through the offering and acceptance of resignation, when the officer has provided written notification of his intention to leave the national defence force. Under section 68, paragraph 3, of Act No. 1/15, the end of the officer’s career is decided by the President of the Republic at the proposal of the minister responsible for national defence. Under section 63(g) of Act No. 1/16, a non-commissioned officer’s career ends through the offering and acceptance of resignation, when he has provided written notification of his intention to leave the national defence force. Under sections 64 and 65 of Act No. 1/16, the end of the non-commissioned officer’s career or contract is decided by the minister responsible for national defence, at the proposal of the General Chief of Staff and/or following the recommendation of the Commission of Inquiry. Under section 40(h) of Act No. 1/17, the termination of an existing contract, requested by the person concerned and accepted by the General Chief of Staff, involves the definitive suspension of the services of the private. The Committee also notes that, under section 7 of Act No. 1/17, privates are hired on contracts of a duration of 12 years. Re-hiring for periods of six years at a time may be permitted in the form and under the conditions set by the General Chief of Staff. The Committee asks the Government to indicate how the resignation of officers, non-commissioned officers and privates is accepted in practice and whether there are any cases in which the resignation may be refused. It also asks the Government to indicate whether there are any texts governing the resignation of military servicemen in a more specific manner and, if so, to provide copies.

Article 25. Application of effective penal sanctions. The Committee recalls that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really adequate and strictly enforced. In this regard, the Committee noted in its previous comments that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, are only punishable by a fine of between 2,500 and 5,000 francs. The Committee asked the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It also requested that the Government provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution, which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1), and, where appropriate, information on legal proceedings initiated against those responsible for such exploitation and the penalties imposed. The Committee notes that the Government has attached to its latest report copies of the 1981 Penal Code and the 1999 Code of Penal Procedure, and that it states that the legislation prescribing the penalties for the trafficking of women is being prepared. It is the Committee’s understanding that a reform of the Penal Code is currently under consideration. The Committee would be grateful if the Government would provide copies of the texts being prepared once they have been adopted.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and the texts annexed thereto. It notes the provisions of the Constitution of 18 March 2005, in particular article 26, which sets forth the prohibition on slavery and the trafficking of slaves in any form.

Articles 1(1) and 2(1) of the Convention. Compulsory community development work. Compulsory agricultural work. Compulsory labour resulting from a sentence handed down for the offences of begging and vagrancy. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into line with the Convention. The Committee notes from the information provided by the Government in its report that the provisions in question still appear to be in force.

With regard to Legislative Decree No. 1/16 of 29 May 1979, which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work, the Committee notes that, according to the Government, Act No. 1/016 of 20 April 2005 organizing municipal administration, provides for voluntary participation in municipal development activities within the framework of national reconstruction. The Committee does not, however, note any provision to this effect in the version of the text annexed to the Government’s report. Furthermore, the Committee notes that, according to the Government, the Legislative Decree of 29 May 1979 has been repealed. The Committee notes, however, that Act No. 1/016 of 20 April 2005 does not expressly repeal the abovementioned Legislative Decree. The Committee would therefore be grateful if the Government would indicate, firstly, whether Act No. 1/016 of 20 April 2005 was amended following its promulgation in the sense indicated by the Government and, secondly, the provisions which expressly repeal Legislative Decree No. 1/16 of 29 May 1979.

The Committee recalls that its previous comments referred to the following matters:

–           the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979);

–           the need to repeal formally certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, and Decree of 10 May 1957);

–           the need to amend sections 340 and 341 of the Penal Code, pursuant to which, in the event of begging or vagrancy, a person may be placed at the disposal of the Government for a period of between one and five years, during which time he may be forced to perform work in a prison institution.

Recalling the Government’s statement, according to which the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture was to be submitted for repeal at one of the subsequent meetings of the Council of Ministers, the Committee once again expresses the hope that the Government will make every effort to take concrete measures to bring the legislation into conformity with the Convention in the very near future.

The Committee is also addressing a request directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations that are of public interest are not considered to be forced or compulsory labour. The Government indicated previously, in response to a request from the Committee for information on the nature of civic legal obligations, that these obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee once again requests the Government to provide copies of the relevant legislative or regulatory texts so that it can assess whether work carried on in the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour.

2. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of the national legislation:

-  section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

-  section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

The Committee noted the Government’s statement that, due to the crisis experienced by the country, it was difficult to amend the provisions of the above legislation. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship 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 reimbursement of the costs incurred by the State.

3. Article 25 of the Convention. Application of effective penal sanctions. Under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really adequate and strictly enforced. In this regard, the Committee notes that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, is only punishable by a fine of between 2,500 and 5,000 francs. The Committee once again asks the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It would also be grateful if the Government would provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution - which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1) - and, where appropriate, information on legal proceedings to prosecute those responsible of such exploitation and the penalties imposed.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Forced recruitment of children during armed conflicts. The Committee of Experts has previously noted the concern expressed by the United Nations Committee on the Rights of the Child at the use of children by the state armed forces as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed its concern at the low minimum age of recruitment to the armed forces. According to these observations, there is also widespread recruitment of children by opposition armed forces and sexual exploitation of children by members of the armed forces (CRC/C/15/Add.133, paragraphs 24 and 71). The Committee also noted the evaluation report of the national action programme for the survival, protection and development of children for the 1990s (report produced in January 2001 as part of the follow-up to the World Summit for Children). This report refers to the situation of street children, child soldiers and the sexual and commercial exploitation of children (paragraphs 86 and 94). Child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12 years. Even though the minimum age for conscription in the armed forces of Burundi is 16 years, there are indications that children are used by soldiers for odd jobs.

The Committee notes that in March 2003 the ICFTU made comments on the application of the Convention, confirming the use of child soldiers by the armed forces. The Committee notes that the Government has not provided any information on the measures adopted to protect children against recruitment in the armed forces as soldiers or to perform supporting tasks for military personnel. The Committee expresses particular concern at the situation of these children. The Committee also notes the report of the Secretary-General of the United Nations on children and armed conflict, submitted to the United Nations Security Council in November 2002. At the request of the latter, the report drew up a list of 23 parties to armed conflict that recruit or use child soldiers, in violation of the international provisions protecting them. The Committee also notes that this list includes the Government of Burundi, PALIPEHUTU/FNL (Parti pour la libération du peuple Hutu/Forces nationales pour la libération) and the CNDD/FDD (Conseil national pour la défense de la démocratie/Front pour la défense de la démocratie).

Finally, the Committee notes that Burundi ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 11 June 2002. As Convention No. 182 provides in Article 3(a) that the worst forms of child labour include "forced or compulsory recruitment of children for use in armed conflict", the Committee considers that the problem of the recruitment of children in armed forces may be examined more specifically in the context of Convention No. 182. The protection of children is strengthened by the fact that Convention No. 182 places the obligation upon States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. While noting that in its reply to the comments of the ICFTU, the Government indicates that following the Arusha Peace Agreement and the Pretoria Ceasefire Agreement, the phenomenon of recruitment of the children in armed conflicts has almost disappeared and their socio-economic integration is continuing, the Committee requests the Government to provide more detailed information on the measures adopted to protect children against forced recruitment to serve as soldiers and to carry out supporting tasks for the armed forces in its first detailed report on the application of Convention No. 182.

2. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into conformity with the Convention. The Committee noted in this respect that in 1993, a process of bringing the legislation into harmony with the Convention was initiated, but could not be completed due to the crisis experienced by the country. The Committee notes the Government’s indication that the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture will be submitted for abrogation at one of the next meetings of the Council of Ministers. The Committee hopes that the Government will be in a position to report the adoption of specific measures to bring the provisions of the legislation referred to below into conformity with the Convention:

n  the need to set forth in the law the voluntary nature of agricultural work performed in the context of the obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos. 710-275 and 710-276);

n  the need to formally repeal certain texts with respect to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and Decree of 10 May 1957);

n  the need to amend Legislative Decree No. 1/16 of 29 May 1979 which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work;

n  the need to amend sections 340 and 341 of the Penal Code which provide that in the event of vagrancy or begging a person may be placed at the disposal of the Government for a period of between one and five years during which time such person may be forced to perform work in a prison institution.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations that are of public interest are not considered to be forced or compulsory labour. The Government indicated previously, in response to a request from the Committee for information on the nature of civic legal obligations, that these obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee once again requests the Government to provide copies of the relevant legislative or regulatory texts so that it can assess whether work carried on in the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour.

2. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of the national legislation:

-  section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

-  section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

The Committee noted the Government’s statement that, due to the crisis experienced by the country, it was difficult to amend the provisions of the above legislation. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship 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 reimbursement of the costs incurred by the State.

3. Article 25 of the Convention. Application of effective penal sanctions. Under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really adequate and strictly enforced. In this regard, the Committee notes that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, is only punishable by a fine of between 2,500 and 5,000 francs. The Committee once again asks the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It would also be grateful if the Government would provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution - which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1) - and, where appropriate, information on legal proceedings to prosecute those responsible of such exploitation and the penalties imposed.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in response to the ICFTU’s comments. The Committee notes however that the Government’s report has not been received. The Committee again raises the serious issues on which it requests the Government to report.

1. Forced recruitment of children during armed conflicts. The Committee of Experts has previously noted the concern expressed by the United Nations Committee on the Rights of the Child at the use of children by the state armed forces as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed its concern at the low minimum age of recruitment to the armed forces. According to these observations, there is also widespread recruitment of children by opposition armed forces and sexual exploitation of children by members of the armed forces (CRC/C/15/Add.133, paragraphs 24 and 71). The Committee also noted the evaluation report of the national action programme for the survival, protection and development of children for the 1990s (report produced in January 2001 as part of the follow-up to the World Summit for Children). This report refers to the situation of street children, child soldiers and the sexual and commercial exploitation of children (paragraphs 86 and 94). Child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12 years. Even though the minimum age for conscription in the armed forces of Burundi is 16 years, there are indications that children are used by soldiers for odd jobs.

The Committee notes that in March 2003 the ICFTU made comments on the application of the Convention, confirming the use of child soldiers by the armed forces. The Committee notes that the Government has not provided any information on the measures adopted to protect children against recruitment in the armed forces as soldiers or to perform supporting tasks for military personnel. The Committee expresses particular concern at the situation of these children. The Committee also notes the report of the Secretary-General of the United Nations on children and armed conflict, submitted to the United Nations Security Council in November 2002. At the request of the latter, the report drew up a list of 23 parties to armed conflict that recruit or use child soldiers, in violation of the international provisions protecting them. The Committee also notes that this list includes the Government of Burundi, PALIPEHUTU/FNL (Parti pour la libération du peuple Hutu/Forces nationales pour la libération) and the CNDD/FDD (Conseil national pour la défense de la démocratie/Front pour la défense de la démocratie).

Finally, the Committee notes that Burundi ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 11 June 2002. As Convention No. 182 provides in Article 3(a) that the worst forms of child labour include "forced or compulsory recruitment of children for use in armed conflict", the Committee considers that the problem of the recruitment of children in armed forces may be examined more specifically in the context of Convention No. 182. The protection of children is strengthened by the fact that Convention No. 182 places the obligation upon States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. While noting that in its reply to the comments of the ICFTU, the Government indicates that following the Arusha Peace Agreement and the Pretoria Ceasefire Agreement, the phenomenon of recruitment of the children in armed conflicts has almost disappeared and their socio-economic integration is continuing, the Committee requests the Government to provide more detailed information on the measures adopted to protect children against forced recruitment to serve as soldiers and to carry out supporting tasks for the armed forces in its first detailed report on the application of Convention No. 182.

2. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into conformity with the Convention. The Committee noted in this respect that in 1993, a process of bringing the legislation into harmony with the Convention was initiated, but could not be completed due to the crisis experienced by the country. The Committee notes the Government’s indication that the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture will be submitted for abrogation at one of the next meetings of the Council of Ministers. The Committee hopes that the Government will be in a position to report the adoption of specific measures to bring the provisions of the legislation referred to below into conformity with the Convention:

n  the need to set forth in the law the voluntary nature of agricultural work performed in the context of the obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos. 710-275 and 710-276);

n  the need to formally repeal certain texts with respect to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and Decree of 10 May 1957);

n  the need to amend Legislative Decree No. 1/16 of 29 May 1979 which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work;

n  the need to amend sections 340 and 341 of the Penal Code which provide that in the event of vagrancy or begging a person may be placed at the disposal of the Government for a period of between one and five years during which time such person may be forced to perform work in a prison institution.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations that are of public interest are not considered to be forced or compulsory labour. The Government indicated previously, in response to a request from the Committee for information on the nature of civic legal obligations, that these obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee once again requests the Government to provide copies of the relevant legislative or regulatory texts so that it can assess whether work carried on in the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour.

2. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of the national legislation:

-  section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

-  section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

In its previous comments, the Committee noted the Government’s statement that, due to the crisis experienced by the country, it was difficult to amend the provisions of the above legislation. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship 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 reimbursement of the costs incurred by the State.

3. Article 25 of the Convention. Application of effective penal sanctions. Under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really effective and strictly enforced. In this regard, the Committee notes that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, is only punishable by a fine of between 2,500 and 5,000 francs. The Committee once again asks the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It would also be grateful if the Government would provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution - which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1) - and, where appropriate, information on legal proceedings to prosecute those responsible of such exploitation and the penalties imposed.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. Forced recruitment of children during armed conflicts. In its previous comments, the Committee of Experts noted the concern expressed by the Committee on the Rights of the Child at the use of children by the state armed forces as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed its concern at the low minimum age of recruitment to the armed forces. According to these observations, there is also widespread recruitment of children by opposition armed forces and sexual exploitation of children by members of the armed forces (CRC/C/15/Add.133, paragraphs 24 and 71). The Committee also noted the evaluation report of the national action programme for the survival, protection and development of children for the 1990s (report produced in January 2001 as part of the follow-up to the World Summit for Children). This report refers to the situation of street children, child soldiers and the sexual and commercial exploitation of children (paragraphs 86 and 94). Child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12 years. Even though the minimum age for conscription in the armed forces of Burundi is 16 years, there are indications that children are used by soldiers for odd jobs.

The Committee notes that in March 2003 the ICFTU made comments on the application of the Convention, confirming the use of child soldiers by the armed forces. The Committee notes that the Government has not provided any reply to these comments. It also notes that in its last report the Government has not provided any information on the measures adopted to protect children against recruitment in the armed forces as soldiers or to perform supporting tasks for military personnel. The Committee expresses particular concern at the situation of these children. It also notes the report of the Secretary-General of the United Nations on children and armed conflict, submitted to the United Nations Security Council in November 2002. At the request of the latter, the report drew up a list of 23 parties to armed conflict that recruit or use child soldiers, in violation of the international provisions protecting them. The Committee notes that this list includes the Government of Burundi, PALIPEHUTU/FNL (Parti pour la libération du peuple Hutu/Forces nationales pour la libération) and the CNDD/FDD (Conseil national pour la défense de la démocratie/Front pour la défense de la démocratie).

Finally, the Committee notes that Burundi ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 11 June 2002. As Convention No. 182 provides in Article 3(a) that the worst forms of child labour include "forced or compulsory recruitment of children for use in armed conflict", the Committee considers that the problem of the recruitment of children in armed forces may be examined more specifically in the context of Convention No. 182. The protection of children is strengthened by the fact that Convention No. 182 places the obligation upon States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to provide information on the measures adopted to protect children against forced recruitment to serve as soldiers and to carry out supporting tasks for the armed forces in its first detailed report on the application of Convention No. 182, which is due to be submitted in 2004.

2. In the comments that it has been making for many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into conformity with the Convention. The Committee noted in this respect the Government’s stated intention to repeal most of these provisions. In 1993, a process of bringing the legislation into harmony with the Convention was initiated, but could not be completed due to the crisis experienced by the country. The Committee notes the Government’s indication in its last report that it has not been possible to adopt any legal texts for this purpose. It hopes that the Government will be in a position in the very near future to report the adoption of specific measures to bring the provisions of the legislation referred to below into conformity with the Convention.

(i)  The Committee previously emphasized the need to set forth in the law the voluntary nature of agricultural work performed in the context of the obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos. 710-275 and 710-276).

(ii)  The Committee drew the Government’s attention to the need to formally repeal certain texts with respect to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and Decree of 10 May 1957).

(iii)  The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work.

(iv)  In accordance with sections 340 and 341 of the Penal Code, in the event of vagrancy or begging a person may be placed at the disposal of the Government for a period of between one and five years during which time such person may be forced to perform work in a prison institution.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. In its previous direct request, the Committee noted that, under section 2 of the Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour. It requested the Government to provide information on the nature of these obligations and the corresponding texts.

The Government indicated that the civic legal obligations which are of public interest consist of community development work, such as the rehabilitation of economic and social infrastructure, but did not provide the corresponding laws and regulations. In its last report, the Government once again states that community development work is intended for the rehabilitation of economic and social infrastructure, without providing the corresponding texts. The Committee once again requests the Government to provide copies of the above texts so that it can assess their conformity with the Conventions on forced labour.

2. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990, as well as to Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and 1/111 of 10 November 1967 (section 44) respecting the conditions governing the resignation of certain persons in the service of the State (recipients of fellowships and trainees, and officers in the armed forces, respectively). The Committee hoped that the legislative work which was under way would make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and that persons who have received a fellowship or training at the expense of the State may leave the service within a reasonable period which is proportional to the duration of the training received, or following reimbursement of the expenditure incurred by the State.

The Committee noted the Government’s statement that the crisis experienced by the country had prevented the adoption of new texts. The Government reiterates the same statement in its latest report. The Committee notes the statement and hopes that the Government will be able to report on the measures taken to give effect to the Convention on this point.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no information on the points raised in its last observation.

In comments it has been making for several years, the Committee has asked the Government to provide information on the measures taken to bring certain provisions of the national legislation into line with the Convention. The Government stated that the country’s position regarding the Conventions on forced labour had not changed, since it had not been possible to adopt any new texts owing to the crisis. The Committee notes that statement once again and hopes that the Government will soon be in a position to provide information on specific measures taken regarding the following points, raised in the Committee’s previous comments.

1. In its previous comments concerning Ordinances Nos. 710-275 and 710-276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee noted the Government’s statement that measures to repeal these Ordinances were envisaged in the very short term. The Committee requests the Government to supply the texts repealing the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957), and recommended that they be formally repealed.

The Committee noted the Government’s statement that the above texts warrant express revocation, mainly because they reflect the colonial era and have fallen into disuse, and that measures have been taken with a view to repealing them.

The Committee requested the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee noted that a study transmitted by the Government recommended that the text in question be repealed and replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize commune administration. The Committee requested the Government to supply information on the provisions adopted in this respect.

4. Referring to sections 340 and 341 of the Penal Code which establish sanctions for vagrancy and begging, and to earlier comments, the Committee noted that an opinion on the matter had been requested from the Ministry of the Interior. The Committee requested the Government to supply information concerning the action envisaged to follow up its comments and on the programme of vocational rehabilitation which the Government considered should prevent vagrancy and begging by providing assistance to persons without employment. The Committee noted Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.

5. Article 2, paragraph 1. The Committee notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.133, paragraph 71) in which the abovementioned Committee expresses its concern at the use of children by the State armed forces either as soldiers or as helpers in camps or in the obtaining of information. It also expressed its concern at the low minimum age of recruitment to the armed forces (paragraph 24). According to these observations, there are reports of widespread recruitment of children by opposition armed forces and of sexual exploitation of children by members of armed forces.

The Committee notes the report on the end-of-decade review of the national action programme, produced in January 2001 by Burundi as part of the follow-up to the World Summit for Children. A national action plan for the survival, protection and development of children for the 1990s was established in 1990. The programme was assessed at the end of 1999. The report in question refers to the situation of street children and child soldiers (paragraph 86) and sexual or commercial exploitation of children (paragraph 94). The child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12. The minimum age for conscription in the armed forces of Burundi is 16 years, but there are indications that children are used by soldiers for odd jobs.

The Committee asks the Government to provide information on measures taken to protect children from forced recruitment to serve as soldiers or perform tasks for military personnel. It also asks the Government to provide information on the evaluation of the national action plan for the survival, protection and development of children for the 1990s.

The Committee notes the concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW/C/2001/1/Add.1) according to which the Government adopted legislation in January 2001 punishing the trafficking of women and their exploitation for prostitution.

Article 25 of the Convention. Article 25 of the Convention requires the unlawful exaction of forced labour to be subject to penal sanctions, and any Member ratifying the Convention is bound to satisfy itself that the sanctions imposed by law are really effective and strictly applied. The Committee asks the Government to provide a copy of the new Penal Code, the new Code of Penal Procedure and the legislation prescribing the punishment of trafficking in women and exploitation for prostitution, and to provide information on legal proceedings to prosecute those responsible and the penalties imposed.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour. It requested the Government to provide information on the nature of these obligations and the corresponding texts.

In its last report, the Government indicates that the civic legal obligations which are of public interest consist of community development work, such as the rehabilitation of economic and social infrastructure, but it does not provide the corresponding laws and regulations. The Committee once again requests the Government to provide copies of the above texts so that it can assess their conformity with the Conventions on forced labour.

2. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and 1/111 of 10 November 1967 (section 44) respecting the conditions governing the resignation of certain persons in the service of the State (recipients of fellowships and trainees, and officers in the armed forces, respectively). The Committee hoped that the legislative work which was under way would make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and that persons who have received a fellowship or are undergoing training at the expense of the State may leave the service within a reasonable period which is proportional to the duration of the training received, or following reimbursement of the expenditure incurred by the State.

The Committee notes the Government's statement in its latest report that the crisis experienced by the country has prevented the adoption of new texts. It hopes that the Government will be in a position to report the measures taken to give statutory effect to the freedom to leave the service.

3. With reference to its general observation on the Convention in its report in 1999, the Committee requests the Government to provide information as to the present position in law and practice as regards the following points:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

In the comments that it has been making for several years, the Committee has requested the Government to provide information on the measures taken to bring certain provisions of the national legislation into conformity with the Convention. In its latest report, the Government states that the situation of the country with regard to the Conventions on forced labour has not changed since the transmission of its 1993 report, as the crisis has prevented the adoption of new texts which are in accordance with the Convention. The Committee notes this statement and hopes that the Government will soon be in a position to provide information on the practical steps that it has taken on the following matters, which were raised in previous comments:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee noted the Government's statement that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts repealing the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (the Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, the Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been taken with a view to repealing them.

The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee noted that a study transmitted by the Government recommended that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee noted that an opinion had been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning the action which is envisaged to follow up its comments and on the programme of vocational rehabilitation which the Government considers should prevent vagrancy and begging by providing assistance to persons without employment. The Committee noted Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its observation, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in the reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee noted that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared. The Committee noted that in its report received in 1994 the Government appealed for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal. The Committee has taken due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments: 1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work. The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted. 2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed. The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them. The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose. 3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work. The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect. 4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in the reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee noted that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared. The Committee noted that in its report received in 1994 the Government appealed for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal. The Committee has taken due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments: 1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work. The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted. 2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed. The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them. The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose. 3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work. The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect. 4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in the reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee notes that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government.

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared.

The Committee noted that in its report received in 1994 the Government appealed for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal.

The Committee has taken due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them.

The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's statement in its latest report that it did not receive the previous direct request. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in the reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee notes that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared.

The Committee notes that in its latest report the Government appeals for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government has promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal.

The Committee takes due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them.

The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in a reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee notes that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes the information supplied by the Government in June 1993 to the effect that the process of adapting and harmonizing the legislation with the Convention is continuing; a technical file, of which the Government provided a copy, was forwarded on this subject in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee notes that, according to this file, draft texts to repeal the legal provisions in question have already been prepared.

The Committee also notes the provisions of Legislative Decree No. 1/037 of 7 July 1993 to revise the Labour Code.

The Committee hopes that the Government will supply information on the measures which have been taken on the following points:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them.

The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

5. The Committee is once again addressing a request directly to the Government concerning certain texts respecting the conditions governing the retirement of certain categories of persons in the service of the State and on section 2 of the new Labour Code.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information supplied by the Government in its report. It notes the text of the Constitution of March 1992 and the other texts appended to the Government's report. It notes from the Government's report that work is in process to harmonize the legislation with the Convention.

The Committee hopes that, in view of its detailed comments on the Convention in 1992, the Government will take all necessary measures in the near future and that it will provide information on the following points:

1. In its previous comments, the Committee emphasized, in connection with Ordinances Nos. 710/275 and 710/276 of 1979, that it was necessary to embody the voluntary nature of agricultural work in legislation. The Committee notes the Government's indication that, as part of the liberalization and labour market promotion process, the constraints on farmers would be removed, in particular, through changes in the above-mentioned ordinances and that work has already begun to adapt and harmonize these texts. The Committee asks the Government to provide the texts amending or repealing the provisions of the ordinances as soon as they have been adopted.

2. The Committee drew attention to certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 2186 of 10 July 1953, Decree of 10 May 1957) and advised the Government to have them expressly repealed.

It notes the Government's statement that formal repeal of these texts is warranted, mainly because they are of a colonial nature and have fallen into disuse, that the repeal procedure has been initiated and that the outcome will be communicated in due course.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes compulsory community development work enforceable by sanctions.

The Committee notes the Government's statement that the procedure to abolish the penalty provided for in section 5 of the above Legislative Decree is still in process, having been suspended owing to a heavy political workload.

With regard to the direct participation of the populations concerned in the preparation of work programmes, the Committee notes the Government's indication that this principle is laid down in article 29 of the Constitution and expanded on in the community law (Legislative Decree 1/011 of 8 April 1989, sections 14 and 21).

The Committee asks the Government to provide the text abolishing the penalty prescribed in section 5 of Legislative Decree No. 1/16 of 29 May 1979 as soon as it has been adopted.

4. The Committee referred to sections 340 and 341 of the Penal Code prescribing penalties for begging and vagrancy. It notes the Government's statement in its report that these provisions cannot be applied to persons who are merely unemployed and are seeking work. It also notes that three ordinances on the liberalization of employment have been adopted (Ministerial Ordinances No. 660/161 of 3 June 1991, No. 660/086/92 of 17 February 1992 and No. 660/351/91). The Committee requests the Government to provide a copy of these texts.

The Committee also notes the Government's statement that a vocational retraining programme has just been adopted to assist unemployed persons so that they are not reduced to begging and vagrancy. The Committee asks the Government to provide information on this programme.

5. The Committee referred in a direct request to Decree No. 100/003 of 3 January 1990 and Presidential Decrees No. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44) respecting the conditions for the resignation of certain persons working in the service of the State. The Committee hopes that in the work currently being done on the legislation, it will be possible to give statutory effect to the right of persons in the service of the State to leave their employment within a reasonable period or by giving notice.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee has examined Decree No. 100/003 of 3 January 1990 on fellowships and traineeships communicated by the Government.

The Committee notes that section 28 of the Decree restores the obligation on the recipient of a fellowship to undertake to serve the Government for a period of ten years.

An identical provision had drawn the Committee's attention in a previous text of law.

The Committee considers that the obligation of service linked to the training received should reflect concern for due proportion. It asks the Government to state what measures it intends to take either to alter the duration of the obligation prescribed or to enable the persons concerned to leave the State's service on their own initiative within a reasonable period, at specified intervals or by giving notice.

2. In its previous direct requests the Committee commented on sections 340 and 341 of the Penal Code, that instituted as a penalty for begging and vagrancy terms of one to five years during which the persons concerned were placed at the Government's disposal and compelled to work in penitentiary institutions. The Committee noted that the Government was studying the question.

3. The Committee noted previously that, under section 43 of Presidential Decree No. 1/106 of 25 October 1967 on the conditions of service of non-commissioned officers in the armed forces and section 44 of Presidential Decree No. 1/111 of 10 November 1967 on the conditions of service of officers, the Minister of Defence might reject a resignation when he deemed it incompatible with the interests of the service.

The Committee notes the Government's indications that the rejection of a resignation may be the result of exceptional circumstances, for example the training of instructors or a scarcity of military personnel. In practice, according to the Government, continuation of service is decided upon after consultation with the member of the armed forces concerned; there are consequently no disciplinary penalties for or appeals against rejection of resignation.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour. In the case of career military personnel it observed that persons who had voluntarily entered into an engagement could not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which might normally require to ensure the continuity of the service. Consequently, the discretionary power of the authority finds its limits in the rights of the worker.

The Committee asks the Government to supply the texts applicable to a decision to reject a resignation and to consultations on resignation.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its previous comments the Committee referred to the provisions of two Ordinances introducing, on the one hand, obligations with regard to the conservation and utilisation of the soil and, on the other, the obligation to create and maintain minimum areas of food crops (Ordinances Nos. 710/275 and 710/276 of 25 October 1979, as amended by Presidential Decrees Nos. 100/143 and 100/144 of 30 May 1983).

The Committee had noted the Government's statements to the effect that these texts were of an exhortative character and that in practice the work covered by the texts in question was voluntary. The Committee had expressed the hope that measures would be adopted to make the voluntary nature of the provisions statutory.

The Committee notes the Government's statement that consultations with the government departments concerned have not led to a specific decision. The Committee wishes to point out in this connection that Ordinances Nos. 710/275 and 710/276 were adopted pursuant to Legislative Decree No. 1-22 of 24 July 1979 laying certain specific obligations on farmers. Consequently the legal obligations prescribed in those Ordinances are still fully valid. The Committee asks the Government to indicate what measures are contemplated to embody in legislation the voluntary nature of the work to which the aforementioned Ordinances relate.

2. In its previous comments the Committee observed that the texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952; Ordinance No. 21/86 of 10 July 1953; Decree of 10 May 1957) had not been formally repealed.

The Committee notes the Government's statement that the colonial character of the provisions complained of is beyond dispute. It also notes that according to the Government the texts in question are not in the codes and laws of Burundi, that this proves that they are no longer applied; and that they were probably repealed during the period preceding independence.

The Committee points out that, under section 1 of the Act of 29 June 1962, legislative texts issued before independence will remain applicable until expressly repealed.

The Government states further that the texts in question were replaced by Ordinances Nos. 710/275 and 710/276. The Committee has drawn attention above to the mandatory nature of these texts.

The Committee reminds the Government of the need to repeal the aforementioned texts expressly and unmistakably, and asks the Government to state what measures it intends to take in that connection.

3. In its previous comments the Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation for all persons over 18 years of age to carry out community development work one half-day per week on pain of a one-month prison sentence. The Committee notes the Government's reiteration that the penalty described in section 5 of the Legislative Decree is to be abolished and that consultations with the government department concerned are continuing.

The Committee points out that Article 2, paragraph 1, of the Convention defines as forced or compulsory labour all work or service exacted "under the menace of any penalty". The Committee asks the Government to state what progress has been made in repealing section 5 of Legislative Decree No. 1/16 of 29 May 1979.

The Committee had also pointed out in its comments that under section 3 of Legislative Decree No. 1/16 and Decree of Application No. 100/79 of 29 May 1979 the role of the municipalities was limited to supervising the execution of the work according to the programme adopted at the regional level.

The Committee had reminded the Government of the criteria determining the limits of the exception provided for in Article 2, paragraph 2(e), of the Convention:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The Committee notes that the Government mentions contacts between the ministries concerned for the purpose of undertaking studies with a view to the revision of these texts in order to bring the law into conformity with the Convention.

The Committee asks the Government to supply information on the specific measures adopted or contemplated to ensure the direct participation of the populations concerned in the preparation of work programmes.

4. In its previous comments, the Committee referred to sections 340 and 341 of the Penal Code which sanctions vagrancy and begging by placing them at the disposal of the Government for one to five years during which the persons concerned are made to work in penal institutions.

The Committee notes the Government's statement that the provisions of the Penal Code have nothing to do with a general obligation to work, with penalties for non-compliance. The Government explains that, in the eyes of the Burundi legislator, it is mainly a matter of stemming the flight from the countryside in which many young people are leaving it for the urban centres where, failing to find work, they resort to begging and drift into crime. The Government stated in its previous reports that, as part of the campaign against the flight from the countryside, persons placed at the Government's disposal under sections 340 et seq. of the Penal Code were as a rule turned back to their locality of origin and, if they persisted, were placed in penitentiary establishments devoted to various activities. The Government states further that placement at its disposal is in principle a matter for the criminal courts and that no court has ever sentenced anyone for the offence of vagrancy or begging.

The Committee, however, noted that this might amount in practice to leaving the persons concerned no choice but to accept work within the limited range available in the rural areas on pain of finding themselves, when they moved away in search of work and failed to find it at the first attempt, subjected to a penalty including work in a penitentiary institution.

The Committee asks the Government to review the situation and to indicate what measures it has taken or intends to take to ensure that the provisions in question cannot be applied to persons who are simply out of work.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous comments, the Committee referred to Legislative Decree No. 1/16 of 29 May 1979 which establishes the obligation for all natural and able-bodied persons of 18 years of age residing in Burundi to carry out community development work one-half day per week, on pain of a one-month prison sentence. The Committee noted the Government's indications to the effect that the penalty provided for in section 5 of the above Legislative Decree is not applied in practice and that the Government was considering abolishing it. With regard to the nature of the compulsory work, the Committee noted the Government's statement that it consisted of reforestation and erosion operations in the hills, marking out small communication tracks, installing water points, and other minor services which are decided upon by the population itself, through its elected representatives and supported by the Community Council. The Committee also noted the Government's indications that it was considering amending the provisions of the Legislative Decree with a view to ensuring, in particular, fuller participation by the populations concerned in the drawing up of the work programmes. The Committee noted that Decrees Nos. 100/78 and 100/79 of 29 May 1979, issued under Legislative Decree No. 1/16, provide that decisions concerning the need for work to be done and its nature lie within the competence of the National Commission for Regional Planning and its subcommittees, which are composed only of public servants in their capacity as representatives of the Government. The competence of the Community Council covers the supervision and practical implementation of the work decided upon by the superior body, but it does not have the right to express itself on the need for such work.

The Committee notes that the Government again states in its report that it is considering abolishing the penalty provided for in section 5 of Legislative Decree No. 1/16, but that procedural difficulties might arise. With regard to the measures to give effect to the Legislative Decree, the Government considers that they are not contrary to the spirit of Article 2 of the Convention, particularly as the regional planning subcommittee is an advisory rather than a decision-making body.

The Committee observes that, under section 3 of Legislative Decree No. 1/16, the community development work programme, adopted by the National Commission, takes account of the objectives of the National Development Plan and is drawn up in close co-operation with the Ministry of the Interior, and that section 3 also provides that a portion of the receipts is to be placed in a solidarity fund managed by the National Commission, that the Ministry of the Interior determines the quotas and that the fund must be used to finance national or local investment projects. The Committee also notes that, in accordance with Decree No. 100/79 of 29 May 1979, the regional planning subcommittee advises the National Commission on the general outline of the work and draws up the work programme on the basis of general guide-lines from the National Commission. As the Committee has already noted, the above-mentioned texts limit the role of the communities to supervision and day-to-day implementation of the work, in accordance with the general plan of the subcommittee.

The Committee refers once again to paragraph 37 of its General Survey of 1979 on the Abolition of Forced Labour, in which the criteria determining the limits of the exception provided for in Article 2, paragraph 2(e), of the Convention are enumerated:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the Community Council) must "have the right to be consulted in regard to the need for such services".

In view of the Government's previous indications concerning the practice in this matter, the Committee again expresses the hope that the Government will reconsider the texts in question in the light of these indications and that the necessary measures will be taken rapidly in order to bring the legislation into conformity with the Convention and with the practice described.

2. In its previous comments, the Committee referred to sections 340 and 341 of the Penal Code, under which persons can be placed at the disposal of the Government as a penalty for mendacity and vagrancy for periods of between one and five years, during which time they are compelled to work in a specialised institution. The Committee noted the Government's statement to the effect that, as part of the campaign against the rural exodus, the persons placed at the disposal of the Government by virtue of sections 340 et seq. of the Penal Code are generally returned to their place of origin and it is only where there is repetition or an obvious offence that they are placed in prison establishments devoted to various activities that enable them to receive training and prepare them for social rehabilitation. The Committee requested the Government to indicate which authorities are responsible for placing persons at the disposal of the Government and to furnish copies of the most relevant judgements, if any, handed down in the matter.

The Committee notes that the Government again states that the matter is under study and that a reply will be furnished with the next report, and hopes that the Government will supply the information requested.

3. In its earlier comments, the Committee requested the Government to indicate the conditions under which students may now benefit from state financial assistance for the completion of their studies. The Committee notes the information supplied by the Government to the effect that study grants are provided by the State without any particular conditions other than that beneficiaries must be in possession of a recognised diploma. The Committee again requests the Government to provide a copy of the relevant texts in this connection.

4. The Committee noted previously that, by virtue of section 43 of Presidental Decree No. 1/106 of 25 October 1967, to issue the conditions of service of non-commissioned officers in the armed forces, and of section 44 of Presidential Decree No. 1/111 of 10 November 1967, to issue the conditions of service of officers, the Minister of Defence may refuse to accept a resignation when he considers that it is incompatible with the interests of the service. The Committee requested the Government to supply information regarding the criteria used in evaluating the interests of the service.

The Committee notes that, in its last report, the Government indicates that it is not appropriate to provide information on the manner in which the armed forces are managed; the competent authority is entitled to use its discretion in evaluating the interests of the service.

The Committee draws the Government's attention to paragraph 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, in which it observes that the worker's right to free choice of employment is inalienable, and that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law. Referring more particularly to career servicemen, the Committee observes that persons who have voluntarily entered into an engagement may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. Accordingly, the discretionary power of the authority is limited by the workers' rights. The Committee requests the Government to indicate in what circumstances the authority considers that the interest of the service requires servicemen to be retained in employment, the nature of the sanctions to which they are liable and the possibilities of appeal against decisions to refuse resignation.

The Committee also noted that, under section 4 of Legislative Decree No. 1/53 of 1 June 1971 to lay down the procedure for recruitment to the armed forces and the military obligations, these obligations last for 15 years. It also noted that Presidential Decree No. 1/118 of 18 November 1967 to lay down the situation of other ranks within the armed forces, contains no provision relating to resignation since engagement is by fixed-term contract. The Committee requested the Government to indicate the duration of the contracts referred to in section 3 of Presidential Decree No. 1/118.

The Committee takes note of the Government's indications in its report to the effect that the duration of the contracts referred to in section 3 of Presidential Decree No. 1/118 is generally six years, renewable once.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous comments, the Committee referred to the provisions of Ordinance No. 710/275 of 25 October 1979 laying down certain obligations concerning the conservation and utilisation of soils and Ordinance No. 710/276 of 25 October 1979 providing for the obligation to create and maintain minimum areas of food crops, as amended by Presidential Decrees Nos. 100/143 and 100/144 of 30 May 1983. The Committee noted the Government's statement that the abolition in 1983 of the penalties which were provided for in section 4 of Ordinance No. 710/275 and section 3 of Ordinance No. 710/276 (laying down that infringements of these Ordinances could be punished by sentences of imprisonment) was intended to give these Ordinances a merely exhortative character and had had this effect. The Committee recalled the Government's earlier indication that all the work covered by the above texts was, in practice, voluntary and expressed the hope that the necessary measures would be adopted to make the voluntary nature of the provisions statutory.

The Committee notes from the information supplied by the Government in its report that consultations to bring these texts into full conformity with the Convention or to repeal them are being pursued. The Committee hopes that the Government will shortly be able to indicate the measures adopted to this end.

2. In its previous comments, the Committee asked the Government to indicate the measures taken to make the public aware of the repeal of the texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952; Ordinance No. 21/86 of 10 July 1953; Decree of 10 May 1957).

The Committee notes the Government's statement that the above provisions are contrary to the provisions of the Constitution and are not contained in the published collections of laws and regulations in use; the Government is examining the texts in question and will communicate the provisions adopted in this connection. The Committee expresses the hope that the Government will shortly be able to report on the measures adopted to bring the national legislation formally into line with the Convention so that there is no doubt or uncertainty as to the present status of positive law (as distinct from customary law).