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

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

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:

Article 1 of the Convention. National policy. The Committee takes due note that Burundi is participating in the ILO/IPEC regional programme on the prevention and reintegration of child soldiers involved in armed conflict. However, it notes that the Government does not appear to have developed a national policy for the abolition of child labour or action programmes for this purpose. In this respect, the Committee notes that, in his report of 19 September 2006 (A/61/360), the independent expert on the situation of human rights in Burundi indicates that the rights of children need specific attention, owing to the particularly difficult conditions in Burundi as a poor country emerging from war with a high rate of HIV prevalence. According to the expert, specific groups of children need to be followed up, including child soldiers and street children. The Committee expresses concern at the situation of young children in Burundi. It therefore requests the Government to take the necessary measures to combat child labour through the adoption of a national policy for the progressive abolition of child labour and the implementation of programmes of action for this purpose. It requests the Government to provide full particulars in this respect.

Article 3, paragraph 3. Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that, under section 16 of Ordinance No. 630/1 of 5 January 1981 respecting child labour, the labour inspector may, on an individual and temporary basis as an exception to section 13 of the Ordinance, at the request of the employer, authorize children aged over 16 years to perform the types of work contained in the list of hazardous types of work where there are overriding reasons relating to vocational training. The Committee requested the Government to take the necessary measures to ensure that young persons over 16 years of age who carry out hazardous types of work do so under the conditions set out in this provision of the Convention, that is that they have received adequate specific instruction in the relevant branch of activity and that their health, safety and morals are fully protected. It also requested the Government to provide information on the number of authorizations issued by labour inspectors.

In its report, the Government indicates that it notes the recommendation of the Committee of Experts to ensure that young persons over 16 years of age who carry out hazardous types of work have received adequate instruction in the relevant branch of activity and that their health, safety and morals are protected. It adds that the labour inspection services have not yet been requested to issue authorizations under section 16 of Ordinance No. 630/1. While noting the Government’s information, the Committee observes that the national legislation does not provide that the two conditions set out in this provision of the Convention are a prerequisite for the authorization that may be issued by the labour inspector to perform hazardous types of work as from the age of 16 years. It once again reminds the Government that, under Article 3(3) of the Convention, young persons as from the age of 16 years may be authorized to carry out hazardous types of 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 therefore once again requests the Government to take the necessary measures to ensure that young persons over 16 years of age who carry out hazardous types of work have received adequate instruction in the relevant branch of activity and that their health, safety and morals are protected.

Article 6. Apprenticeship. With reference to its previous comments, the Committee notes the Government’s indications that the issue of apprenticeship will be addressed in a decree to be issued under section 151 of the Labour Code, at the proposal of the Minister of Labour after consulting the National Labour Council, and that it will specify the effect to be given to that provision. The Committee requests the Government to provide a copy of the decree as soon as it is adopted.

Article 7, paragraphs 1 and 2. Admission to light work. In its previous comments, the Committee noted that under section 5 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 as set out in section 6 on condition that such work: (a) is not 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 Ordinance No. 630/1 provides that the duration of light work may not exceed six hours a day, either during the term or during holidays. As the Government specified a minimum age for admission to employment or work of 16 years, the Committee reminded the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age on light work.

In its report, the Government indicates that, with a view to ensuring that children under 13 years of age do not carry out light work, it is planning to request the territorial administration to raise the awareness of parents so that they do not allow their children to perform these types of work. Indeed, due to the poverty of their parents, certain children leave school to take up light work. The Government adds that, where light work is performed in the informal economy, it is very difficult for the labour inspectorate to monitor it. While noting the information provided by the Government, the Committee observes that, although awareness raising campaigns for parents are very important in the field of child labour, it is also necessary to amend sections 5 and 6 of Ordinance No. 630/1. These provisions, under certain conditions that are in conformity with the Convention, provide that children between the ages of 12 and 16 years may be engaged in light and healthy work, whereas Article 7(1) of the Convention only allows such practices from the age of 13 years. The Committee therefore requests the Government to take the necessary measures to amend sections 5 and 6 of Ordinance No. 630/1 so as to ensure that no child under 13 years of age may be engaged on light and healthy work. Furthermore, in so far as section 7 of Ordinance No. 630/1 provides that the duration of light work may not exceed six hours a day, either during the term or during holidays, it once again requests the Government to indicate the manner in which the school attendance is ensured of children working six hours per day.

Article 9, paragraph 1. Penalties. The Committee noted previously that under sections 146 and 294 of the Labour Code, employers which do not comply with the provisions respecting the special conditions of work of 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, the temporary closure of the enterprise may be ordered in cases where the health of the workers is jeopardized. The Committee also noted the Government’s indications that a code of the rights and duties of the child was being prepared and that it would contain provisions on child labour and the respective penalties. The Government added that the code of the rights and duties of the child would supplement the Labour Code and Ordinance No. 630/1 of 5 January 1981 respecting child labour, which suffer from shortcomings with regard to penalties. Noting the absence of information in the Government’s report, the Committee once again hopes that the code of the rights and duties of the child will be adopted in the near future and that it will establish appropriate and effective penalties for violations of the provisions relating to child labour. It requests the Government to provide information on the progress achieved in relation to the draft code and to provide a copy when it has been adopted.