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

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

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. Article 1(a) of the Convention. In its previous comments, the Committee noted the Government's statement that consultations were being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope. In the report received in June 1993, the Government added that the consultations undertaken to adopt laws in accordance with the new Constitution had been suspended for the organization of general elections, but that the legislation on prison labour would be brought into full conformity with the Convention.

The Committee hopes that the Government will shortly be able to indicate the measures which have been taken to grant the persons protected by Article 1(a) of the Convention a status which exempts them from compulsory prison labour, which is imposed on criminals under the ordinary law, and that it will indicate the offences under which offenders will benefit from this status.

2. Article 1(d). In its previous comments, the Committee referred to section 231 of the Labour Code, which provides that restrictions may be imposed on the right to strike to ensure the functioning of vital sectors of the economy, under penalty of penal servitude (sections 313 and 320 of the Labour Code). Ordinances have been issued under the above provisions in sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960) and production and water distribution enterprises (Ordinance No. 222/308 of 2 November 1960).

The Committee requested the Government to indicate any other provision issued under section 231 of the Labour Code and to provide information on the legal definition of the term "vital sectors of the economy" used in section 231 above.

It also hoped that the work of harmonizing legal texts embarked upon some years ago would make it possible to complete the revision of the Labour Code, to which the Government referred previously, and that the provisions adopted would bring the legislation into full conformity with the Convention. The Committee requests the Government to provide information on the progress made in the work of revising the Labour Code, to transmit the revised text when it is adopted and, while awaiting the revision of section 231, also to provide the information requested previously concerning the definition of "vital sectors of the economy" and any texts adopted under that provision.