Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 29) sur le travail forcé, 1930 - Burundi (Ratification: 1963)

The Committee notes with interest the information supplied by the Government in its report. It notes the text of the Constitution of March 1992 and the other texts appended to the Government's report. It notes from the Government's report that work is in process to harmonize the legislation with the Convention.

The Committee hopes that, in view of its detailed comments on the Convention in 1992, the Government will take all necessary measures in the near future and that it will provide information on the following points:

1. In its previous comments, the Committee emphasized, in connection with Ordinances Nos. 710/275 and 710/276 of 1979, that it was necessary to embody the voluntary nature of agricultural work in legislation. The Committee notes the Government's indication that, as part of the liberalization and labour market promotion process, the constraints on farmers would be removed, in particular, through changes in the above-mentioned ordinances and that work has already begun to adapt and harmonize these texts. The Committee asks the Government to provide the texts amending or repealing the provisions of the ordinances as soon as they have been adopted.

2. The Committee drew attention to certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 2186 of 10 July 1953, Decree of 10 May 1957) and advised the Government to have them expressly repealed.

It notes the Government's statement that formal repeal of these texts is warranted, mainly because they are of a colonial nature and have fallen into disuse, that the repeal procedure has been initiated and that the outcome will be communicated in due course.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes compulsory community development work enforceable by sanctions.

The Committee notes the Government's statement that the procedure to abolish the penalty provided for in section 5 of the above Legislative Decree is still in process, having been suspended owing to a heavy political workload.

With regard to the direct participation of the populations concerned in the preparation of work programmes, the Committee notes the Government's indication that this principle is laid down in article 29 of the Constitution and expanded on in the community law (Legislative Decree 1/011 of 8 April 1989, sections 14 and 21).

The Committee asks the Government to provide the text abolishing the penalty prescribed in section 5 of Legislative Decree No. 1/16 of 29 May 1979 as soon as it has been adopted.

4. The Committee referred to sections 340 and 341 of the Penal Code prescribing penalties for begging and vagrancy. It notes the Government's statement in its report that these provisions cannot be applied to persons who are merely unemployed and are seeking work. It also notes that three ordinances on the liberalization of employment have been adopted (Ministerial Ordinances No. 660/161 of 3 June 1991, No. 660/086/92 of 17 February 1992 and No. 660/351/91). The Committee requests the Government to provide a copy of these texts.

The Committee also notes the Government's statement that a vocational retraining programme has just been adopted to assist unemployed persons so that they are not reduced to begging and vagrancy. The Committee asks the Government to provide information on this programme.

5. The Committee referred in a direct request to Decree No. 100/003 of 3 January 1990 and Presidential Decrees No. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44) respecting the conditions for the resignation of certain persons working in the service of the State. The Committee hopes that in the work currently being done on the legislation, it will be possible to give statutory effect to the right of persons in the service of the State to leave their employment within a reasonable period or by giving notice.