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

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

The Committee takes note of the observations submitted by the Trade Union Confederation of Burundi (COSYBU), received on 26 September 2014. It states that COSYBU refers to judicial proceedings instigated against journalists in private radio stations, restrictions on free and independent demonstrations and the arrest of a human rights activist. The Committee recalls that the Convention protects persons expressing political views or peacefully opposing the established political, social or economic system from being subjected to compulsory labour, including compulsory prison work. The Committee requests the Government to provide its comments on these allegations. Noting with regret that the Government’s report has not been received, 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 points.

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted the possibility referred to by the Government of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made a number of years ago (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee notes also that the Government refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of persons required to attend them (section 6). For each training session, the competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8). The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. The Committee recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development. Noting that the Government stated in its report that civic service has been discontinued since 2002, the Committee requests it to indicate the legislative provisions under which compulsory civic service was discontinued, and whether the abovementioned provisions of the national legislation have been formally repealed. If so, please send a copy of the relevant texts.

Request for legislation. The Committee would be grateful if the Government would supply a copy of the text governing political parties and the press.