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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Burundi (Ratification: 2002)

The Committee notes the Government’s report and the detailed discussion held during the 99th Session of the Conference Committee on the Application of Standards in June 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Further to its previous comments, the Committee notes with interest that section 242 of Act No. 01/05 of 22 April 2009 revising the Penal Code provides that “any person who has concluded an agreement with a view to depriving, either free of charge, or in exchange for payment, a third person of their freedom, shall be punished with penal servitude of from five to ten years” and that “the money, goods or other objects of value received in execution of the agreement shall be confiscated”. The same section provides that any person who enters into such an agreement for the purposes of the sexual exploitation or domestic exploitation of the victim shall also be punished. Furthermore, section 243 of the Penal Code provides that the same penalties shall be applicable for the “act of introducing Burundi individuals for the purposes of the agreement referred to above, or causing individuals to leave the country under the terms of such an agreement for procurement abroad”. If the victim of such an agreement, whether deprived of freedom within or outside the country, is a person under 18 years of age, the penalty is raised to 20 years of penal servitude.

Clause (b). Use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee previously noted that the national legislation does not appear to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee notes with interest that section 519 of the Penal Code provides for penal servitude of between three to five years and a fine of between 100,000 and 500,000 Burundi francs (BIF) as a punishment for “any person who has used, procured or offered a child for prostitution, for the production of pornography or for pornographic performances”. Under the terms of section 512 of the Penal Code, the term “child” means any person under 18 years of age.

Articles 3(d) and 4(1) and (2). Hazardous types of work, determination of hazardous types of work and identification of where they exist. Children working in the informal economy. The Committee previously noted that sections 9–14 of Ordinance No. 630/1 of 5 January 1981 respecting child labour prohibit night work by any person under 18 years of age, work which may exceed their strength, hazardous or unhealthy types of work and work of an immoral nature. It noted in particular that section 13 of the Ordinance prohibits the employment of children under 18 years of age in work likely to harm their health or involving a particular risk of accidents, and contains a detailed list of prohibited types of activity. However, the Committee observed that this prohibition does not apply to children under 18 year of age without a contractual employment relationship.

The Committee notes the Government’s recognition in its report that labour legislation in Burundi only regulates structured enterprises, whereas the worst forms of child labour and hazardous types of work tend to occur in the informal sectors, which escape any regulation. The Government, however, indicates that it has already set in motion a process intended to eradicate the worst forms of child labour in the informal economy. In this respect, the Committee notes that, in the framework of the National Programme of Action for the Elimination of the Worst Forms of Child Labour (PNA), prepared in collaboration with ILO–IPEC for the period 2010–15, the first focus of action consists of the harmonization of the national legislation with international instruments on the worst forms of child labour. Accordingly, experts in labour law are to review the provisions of Burundi legislation and update them. During this process, the list of hazardous types of work and worst forms of child labour are to be drawn up, and the new texts will include provisions respecting child labour in the informal economy. The new provisions will be reviewed by the National Labour Council, as well as by the Council of Ministers and the Parliament. Furthermore, in the context of the PNA, inspections and visits will be organized, particularly to worksites and areas with a high incidence of the worst forms of child labour, following which specific reports are to be prepared. The Committee hopes that the legislation in Burundi will be revised so as to ensure that children engaged in hazardous types of work in the informal economy benefit from the protection afforded by the Convention. It requests the Government to provide information on the examination and updating of the list of types of work prohibited for children under 18 years of age and to provide a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s indication that, under the terms of section 156 of the Labour Code, the General Labour and Social Security Inspectorate is responsible for supervising the application of laws and regulations relating to the conditions of work and protection of workers, and for monitoring the implementation of the provisions of the Convention. However, it noted that there is no specific inspection service for child labour.

In this respect, the Committee notes that, according to the information contained in a report of 2009 on the worst forms of child labour in Burundi, available on the website of the United Nations High Commissioner for Refugees, there are only 12 labour inspectors in Burundi, which is clearly insufficient in view of the prevalence of child labour in the country. Moreover, the Committee observes that, in its concluding observations of 20 October 2010, the United Nations Committee on the Rights of the Child notes with concern the lack of a labour inspectorate to ensure the effective implementation of child labour laws, in both the formal and the informal sectors (CRC/C/BDI/CO/2, paragraph 70). The Committee notes that the main areas of intervention of the PNA consist of reinforcing the institutional capacities of actors so as to provide them with adequate operational capacity with a view to affording better protection to children against the worst forms of child labour, particularly in the informal economy. Among other measures, specific staff responsible for addressing the worst forms of child labour will be appointed and provided with offices, equipment and working materials. Training sessions on international labour standards and other texts respecting the worst forms of child labour will be organized for members of the judiciary, labour inspectors, police officers and administrative officials responsible for protecting the rights of children. The Committee requests the Government to provide information on the results achieved in the context of the implementation of the PNA in terms of reinforcing the capacities of those entrusted with the enforcement of the laws on the worst forms of child labour, particularly in the informal economy.

Article 6. Programmes of action. The Committee takes due note of the preparation of the PNA, covering the period between 2010 and 2015. This plan includes six areas of intervention: (i) the reinforcement of legislation with a view to preventing and protecting children from the worst forms of child labour; (ii) awareness-raising on child labour and its worst forms; (iii) the reinforcement of the institutional capacities of the actors involved; (iv) the promotion of Education for All by 2015; (v) support for poor families through the rehabilitation and socio economic integration of young persons; and (vi) the coordination and management of the programme. The Committee requests the Government to provide information on the implementation of the PNA and on its impact in terms of eliminating the worst forms of child labour.

Article 7(1). Penalties. In its previous comments, the Committee reminded the Government that, under the terms of this provision of the Convention, measures have to be taken to ensure the effective enforcement and compliance with the provisions giving effect to the Convention, including the provision and application of penal or, as appropriate, other sanctions. The Committee notes with interest that section 522 of the Penal Code provides that any person who uses a child “for work which, by its nature or the conditions under which it is carried out, is likely to harm the health, safety or morals of the child” shall be punished with a sentence of penal servitude of between three and five years and a fine of between BIF50,000 and BIF100,000.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child orphans of HIV/AIDS. In its previous comments, the Committee noted that, according to information contained in the Report on the Global AIDS Epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 120,000 children were HIV/AIDS orphans in Burundi. It noted the sectoral plan of action to combat HIV/AIDS in the workplace (2005–09).

The Committee notes that, according to a report of 31 March 2010 on the implementation of the statement of commitment on HIV/AIDS of the Republic of Burundi, the Government has implemented a national strategic plan (PSN) against HIV/AIDS over the period 2007–11, the implementation of which was ensured, among other sources by contributions from the World Bank and the IMF. The measures carried out within the framework of the PSN include a vast support programme for orphans implemented in 2008–09 and an agreement between Burundi and the IMF should make it possible to provide support for the schooling of over 90,000 orphans and vulnerable children over a five-year period. However, the Committee observes that, according to the 2009 estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS) in Burundi, about 200,000 children are HIV/AIDS orphans. The Committee reminds the Government that children who are HIV/AIDS orphans are more particularly exposed to the risk of being engaged in the worst forms of child labour. Expressing its concern at the increase in the number of HIV/AIDS orphans, the Committee requests the Government to continue its efforts to ensure that children orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It also requests the Government to provide information on the results achieved following the implementation of the PSN against HIV/AIDS in 2007–11, particularly in terms of the number of HIV/AIDS orphans who have in practice been placed in school.

Article 8. Enhanced international cooperation. The Committee previously noted that Burundi had prepared a Poverty Reduction Strategy Paper (PRSP). It notes that the PNA also takes into consideration the fact that household poverty incites certain children to engage in the worst forms of child labour to provide for their needs and those of their families. In that respect, the Ministry responsible for vocational training and occupations, among other measures, needs to develop strategies to mobilize financial and technical resources with a view to reducing the vulnerability of children in relation to the worst forms of child labour.

The Committee notes the indication by the Government representative to the Conference Committee on the Application of Standards that, despite the Government’s strong will to resolve problems relating to the worst forms of child labour in Burundi, the country suffers from extreme poverty from which children are not spared. The Government representative emphasized that only the combined and continuous efforts of the Government and the international community to combat poverty would provide a basis for preventing and protecting children against the worst forms of child labour. The Worker members of Burundi reiterated that the worst forms of child labour, such as begging, street trade and prostitution, are linked in large part to the phenomenon of poverty, which affects most of the population. Reminding the Government that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information in its next report on any significant impact of the PRSP and the PNA on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted previously that the worst forms of child labour exist under various forms in Burundi.

The Committee notes that, according to the national survey on the living conditions of children and women of 2005, 19 per cent of children between the ages of five and 14 years are engaged in paid work, and almost half of them participate in unpaid work on behalf of people who are not family members. The Committee also notes the Government’s indication that a study on child labour was published in 2009 and contributed to the identification of the types of work in which children are most often involved. In Burundi, children work as domestic staff in the homes of third parties, as well as in agriculture, small businesses, fishing, artisanal work, bars and restaurants, mines and quarries, building sites and the manufacture of bricks and tiles. Many children also work in their own family circles, which means that they are sometimes prevented from going to school. The situation is all the more worrying for girls, who are the last to be sent to school and the first to be taken out of school to do housework or bring up the youngest members of orphan families.

The Committee also notes that, in its concluding observations of 20 October 2010, the United Nations Committee on the Rights of the Child expressed concern at the inadequacy of existing databases on children in general, and in particular of data on children in vulnerable situations (CRC/C/BDI/CO/2, paragraph 20). In this respect, according to the PNA document for the elimination of the worst forms of child labour, there are no data on the worst forms of child labour relating to the 15–17 age group. The Committee notes that, in the context of the PNA, the Institute of Statistics and Economic Studies of Burundi, in collaboration with the Ministry of Labour, has to produce and disseminate annual statistics on the worst forms of child labour in Burundi. The Committee requests the Government to provide in its next report the annual statistics compiled by the Ministry of Labour within the framework of the PNA for the elimination of worst forms of child labour. It requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour in Burundi, as well as information on the number and nature of the violations reported, prosecutions, convictions and penal sanctions applied. To the extent possible, this information should be disaggregated by sex and age.