Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 138) sur l'âge minimum, 1973 - Burundi (Ratification: 2000)

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 matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s first report. It also notes the communication by the International Confederation of Free Trade Unions (ICFTU) dated 26 March 2003. It further notes with interest that Burundi ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 11 June 2002. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application of the Convention. Self-employment. The Committee notes that the ICFTU, in its communication dated 26 March 2003, indicates that child labour constitutes a serious problem, particularly in agriculture and informal activities in urban areas. The Governments states, in its report, that the socio-political crisis that the country is going through has aggravated the situation of children, some of whom are compelled to carry out work "illegally" to support their families. The Government adds that "irregular work is very frequent in the informal sector and agriculture".

The Committee notes that the Government declared a minimum age for admission to employment of 16 years when ratifying the Convention. It also notes that section 3 of the Labour Code, in conjunction with section 14, prohibits work by young persons under 16 years of age in public and private enterprises, including farms, where such work is carried out on behalf of and under the supervision of an employer. It further notes that the provisions of the Labour Code and the texts issued thereunder are not intended to apply to employment relations in the informal economy. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not they are covered by a contractual employment relationship. The Committee therefore requests the Government to indicate the measures adopted or envisaged to extend the application of the Convention to work carried on outside an employment relationship or in the informal economy.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that article 32 of the Transitional Constitutional Act sets forth the obligation for the State to organize public education. The Committee takes note of the ICFTU’s indications that the war which took place in 1995 and the following years weakened the educational system due to the destruction of many schools and the death or abduction of a large number of teachers. According to the ICFTU, the school attendance rate remains lower and the illiteracy rate higher for girls. It adds that the rate of absenteeism from school remains high. The Committee notes that, according to the International Bureau of Education (World data on education, Massimo Amadio, UNESCO, 2004), Legislative Decree No. 1/025 of 13 July 1989 reorganizing education in Burundi does not provide for free and compulsory primary education. According to the International Bureau of Education, entry into primary education is around the age of 7 or 8 years and lasts for six years. Children therefore complete primary education around the age of 13 or 14 years, although it is frequent for years to be repeated. They then have to pass a competition to enter secondary education. According to UNESCO data, the gross school attendance rate in 1999 was 62 per cent for primary education and only 7 per cent for secondary education. The net school attendance rate for primary education was as low as 44 per cent in 1999. The Committee also notes the establishment by the Government in 1996 of the Global Plan of Action for Education, designed to improve the education system by 2010. The objectives of this Plan include reducing inequalities and disparities in access to education and achieving a gross school attendance rate of 100 per cent by the year 2010. The Committee encourages the Government to pursue its efforts in the field of education and to continue providing information on developments in the situation in practice. It also requests the Government to provide copies of the legal texts organizing the school system, including Legislative Decree No. 1/025 of 13 July 1989 reorganizing the education system.

Article 3, paragraphs 1 and 2. Types of hazardous work. The Committee notes that, under section 13 of Ordinance No. 630/1 of 5 January 1981 respecting child labour, it is prohibited to employ young persons under 18 years of age in work that is likely to jeopardize their health or which presents a specific risk of accidents. The Committee notes with interest that a list of 13 types of hazardous activities or work prohibited for persons under 18 years of age is contained in section 13 of the above Ordinance.

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years. The Committee notes that, under section 16 of the Ordinance, the labour inspector may, at the request of the employer, on an individual and temporary basis as an exception to section 13 of the Ordinance, authorize children aged over 16 years to perform the types of work contained in the list of types of hazardous work where there are overriding reasons relating to vocational training. The Committee accordingly reminds the Government that, under Article 3, paragraph 3, of the Convention, young persons as from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received in advance adequate specific instruction in the relevant branch of activity. The Committee requests the Government to take the necessary measures to ensure that young persons over 16 years of age who carry out types of hazardous work have received adequate instruction in the relevant branch of activity and that their health, safety and morals are protected. It also requests the Government to provide information on the number of authorizations issued by labour inspectors and the types of work performed.

Article 6. 1. Vocational training. The Committee notes that, under section 4 of Ordinance No. 630/1 of 5 January 1981 respecting child labour, the minimum age for admission to work of 16 years (set out in section 3 of the Ordinance) only applies to work by young persons in technical and vocational schools, on condition that such work is of an essentially educational nature, is limited in character and is carried out with the agreement and under the supervision of the competent authority. The Committee requests the Government to provide information on the types of work carried out in the context of vocational training, the age of the trainees performing this work and the limits prescribed as to the types of work which may be undertaken and their duration.

2. Apprenticeship. The Committee notes the lack of information in the Government’s report on the rules applicable to apprenticeship in Burundi. It therefore requests the Government to provide information on this subject in its next report.

Article 7, paragraphs 1 and 2. Admission to light work. The Committee notes that, when ratifying the Convention, the Government specified a minimum age for admission to employment or work of 16 years. The Committee also observes that, under section 4 of Ordinance No. 630/1 of 5 January 1981 respecting child labour, children aged between 12 and 16 years may only be engaged in light and healthy work, on condition that such work: (a) is not likely to be prejudicial to their health or development; (b) is not such as to prejudice requirements in force relating to school; and (c) is not such as to prejudice their attendance at school or their capacity to benefit from the instruction received. Section 7 of the Ordinance provides that the duration of light work may not exceed six hours a day, either during the term or during holidays. The Committee therefore reminds the Government that, under Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age on light work, on condition that it is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that children aged under 13 years do not carry out light work. It also requests the Government to indicate the manner in which the attendance at school is ensured of children working six hours a day.

Article 7, paragraph 3. Determination of light work. The Committee notes that section 6 of Ordinance No. 630/1 of 5 January 1981 respecting child labour contains a list of ten types of light work which may be carried out by young persons under the age of 16 years. It also notes that section 6(11) of the Ordinance provides that young persons under 16 years of age may carry out "light and healthy work authorized by the labour inspectorate". The Committee requests the Government to provide information on the types of work authorized by the labour inspectorate.

Article 8. Artistic performances. The Committee notes the lack of information in the Government’s report on this matter. While noting the absence of legislative provisions authorizing the participation in artistic performances of young persons under the general minimum age of 16 years, the Committee draws the Government’s attention to the possibility envisaged in Article 8 of the Convention to establish a system of permits in individual cases for young persons who have not reached the general minimum age for admission to employment for the purpose of participating in activities such as artistic performances, if such activities are carried out in practice. The Committee requests the Government to indicate whether young persons under 16 years of age in practice participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee notes that, under sections 146 and 294 of the Labour Code, employers which do not comply with the provisions respecting the special conditions of work for young persons are liable to a fine of between 5,000 francs (around US$5) and 10,000 francs (around US$10); in the event of a repeat offence, closure of the enterprise may be ordered in cases where the health of workers is jeopardized. The Committee also notes the Government’s indications that a Code of the Rights and Duties of the Child is currently being prepared and includes provisions on child labour and the applicable penalties. The Government adds that the Code of the Rights and Duties of the Child will supplement the Labour Code and Ordinance No. 630/1 of 5 January 1981 respecting child labour, which "suffer from shortcomings with regard to penalties". The Committee recalls that, under Article 9 of the Convention, the Government is under the obligation to provide for appropriate penalties to ensure the effective enforcement of the provisions of the Convention. The Committee encourages the Government to take measures to ensure the rapid adoption of the Code of the Rights and Duties of the Child and hopes that appropriate and effective penalties will be envisaged in the Code for violations of the provisions respecting child labour. The Committee requests the Government to provide information on the progress made with regard to the draft Code and to provide a copy when it has been adopted.

Article 9, paragraph 3. Employers’ registers. The Committee notes that, under section 168 of the Labour Code and section 5(c) of Ordinance No. 110/365 of 1966 respecting employers’ registers and inspection, the head of an enterprise is under the obligation to keep a register of young workers containing their family and first names, the age of workers under 18 years, as well as the nature of the work performed and the date of employment. Section 7 of Ordinance No. 110/365 of 1966 stipulates that employers with fewer than five employees are exempted from the obligation to keep registers. The Committee also notes the Government’s indications that many children work on a daily basis in agriculture, construction and sugar companies and are not listed on registers. The Committee reminds the Government that, under Article 9, paragraph 3, of the Convention, the obligation for employers to keep registers containing the names and ages or date of birth, duly certified wherever possible, of persons whom they employ or who work for them and are less than 18 years of age, applies to all enterprises, irrespective of the number of employees or the duration of the work. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that enterprises with fewer than five employees or which employ daily workers (or temporary workers) keep a register indicating the name and age or date of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age.

Parts III and V of the report form. The Committee notes that, under section 156 of the Labour Code, the labour inspectorate is responsible for ensuring the enforcement of legal provisions respecting conditions of work and the protection of workers in the exercise of their occupation, including provisions respecting child labour. Under section 157 of the Labour Code, labour inspectors may enter freely and without prior notice, at any hour of the day or night, establishments or enterprises liable to inspection by the competent labour services. Labour inspectors may also interrogate the employer or staff and require the production of any documents the keeping of which is prescribed by law (section 159 of the Labour Code). Inspectors are empowered to make orders requiring employers or workers to comply with legal requirements and to order measures with immediate executory force in the event of imminent danger to the health or safety of the workers (section 160 of the Labour Code). The Committee also notes that, under section 165 of the Labour Code, labour inspectors are required to submit to the General Directorate of Labour a monthly report on the results of their activities. The General Directorate of Labour publishes a report each year on the work of the inspection services under its control (section 165 of the Labour Code). The Committee requests the Government to provide a copy of the annual labour inspection report. It also requests the Government to continue providing information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, and information on the number and nature of contraventions reported and the penalties imposed.

The Committee notes the Government’s indication in its report, dated 21 June 2001, on the application of the Minimum Age (Industry) Convention (Revised), 1937 (No. 59), that three national consultants were appointed in April 1999 to prepare an in-depth study on child labour in Burundi. The Committee also notes that the ratification of the Minimum Age Convention, 1973 (No. 138), which entered into force on 19 July 2001, results in the automatic denunciation of Convention No. 59. The Committee requests the Government to provide a copy of the in-depth study on child labour.

The Committee requests the Government to provide information on the progress achieved in the adoption of legislative measures giving effect to the Convention and the action programmes established to combat child labour, particularly in the informal economy and in agriculture. In this respect, it reminds the Government that it may avail itself of the technical assistance of the ILO to bring its legislation into conformity with the Convention.