Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Burundi (Ratification: 2002)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted the adoption of Act No. 1/28 of 29 October 2014 concerning the prevention and suppression of trafficking in persons and the protection of victims (Anti-Trafficking Act), which establishes penalties of 15–20 years’ imprisonment for the trafficking of children. It noted that, according to the March 2017 UNICEF report on the humanitarian situation in Burundi, the Anti-Trafficking Act was not being fully or effectively applied in practice.

The Committee notes the Government’s indications in its report that in 2017 women and children were victims of trafficking to Oman, Saudi Arabia and Kuwait. The Government states that the statistics of the National Observatory for Combating Organized Crime indicate a total of 312 girls who were transported to Oman and Saudi Arabia. The Government indicates that difficulties relating to the collection of up-to-date statistics on child victims of trafficking include a lack of regular exchanges of information with civil society organizations in Burundi. Offences recorded cover trafficking for economic and sexual exploitation. The Government indicates that, under section 10 of the Anti-Trafficking Act, the crime of trafficking incurs the penalty of five to ten years’ penal servitude and a fine of 100,000–500,000 Burundian francs (approximately US$55–280). However, even though a number of convictions for trafficking of children have been handed down, the Government points out that some cases escape the control of the law.

The Committee notes that the Chairperson of the Independent National Human Rights Commission (CNIDH), in a statement of 9 February 2018 on the human rights situation, expressed concern at the resurgence of human trafficking, particularly in the provinces of Makamba and Bujumbura Mairie, and asked the Government to ensure the effective application of the 2014 Anti-Trafficking Act. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of November 2016, expressed concern at the lack of a coordinated and effective response to address the increasing number of girls being trafficked out of the country for purposes of domestic servitude and sexual slavery. The CEDAW recommended that the Government allocate sufficient human, technical and financial resources to implement the 2014 Anti-Trafficking Act (CEDAW/C/BDI/CO/5-6, paragraph 28). The Committee requests the Government to intensify its efforts to ensure the thorough investigation and effective prosecution of individuals who engage in the sale and trafficking of children and to ensure that penalties constituting an effective deterrent are applied in practice. The Committee once again requests the Government to provide information on the application in practice of Act No. 1/28 of 29 October 2014 concerning the prevention and suppression of trafficking in persons and the protection of victims (Anti-Trafficking Act), including statistical information on the number and nature of violations, investigations, prosecutions, convictions and criminal penalties imposed on perpetrators. This information should, as far as possible, be disaggregated by age and gender of the victims.

Article 3(b) of the Convention. Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that, according to the observations of the Trade Union Confederation of Burundi (COSYBU) and the 2010 conclusions of the Conference Committee on the Application of Standards, the use, procuring or offering of children for prostitution remains a problem in practice, even though the national legislation prohibits this worst form of child labour. It also noted the measures taken by the Government to prevent the engagement of children in prostitution, including: (i) the establishment of a police unit for the protection of minors and morals; and (ii) free primary school education and the setting up of school canteens. The Committee expressed its concern at the results of the 2012 rapid assessment study on the commercial sexual exploitation of children, sponsored by the Ministry of the Public Service, Labour and Employment, in collaboration with UNICEF, which noted that children in fishing areas, particularly Rumonge and Makamba, were handed over to prostitution by adults, and that sex tourism targeting children was on the increase in border areas.

The Committee notes the Government’s indications that the revised Penal Code of 2009 has enabled the Government to take immediate and effective steps as a matter of urgency to ensure that individuals who use, procure or offer children for prostitution are prosecuted and incur effective penalties. The Committee requests the Government to provide information on the measures taken to ensure that persons who use, procure or offer a child under 18 years of age for prostitution are prosecuted and that penalties constituting an effective deterrent are applied in practice. It also requests the Government to provide information on the number and nature of violations reported and criminal penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Commercial sexual exploitation. The Committee previously noted with deep concern that, according to the 2012 study of commercial sexual exploitation in Burundi, children from all target categories (children in prison, street children, child domestic workers, schoolchildren, displaced or refugee children) were victims of commercial sexual exploitation. Moreover, orphaned girls or girls separated from their families who had come to the major cities for employment as domestic workers were particularly at risk of being actual or potential victims of commercial sexual exploitation. According to the abovementioned study, 30 per cent of persons interviewed said they had been victims of such exploitation and 70 per cent said they had witnessed it. The perpetrators were mainly persons offering financial or material reward, particularly shopkeepers, mine operators, foreigners in transit and soldiers.

The Committee notes the Government’s indications that a number of measures have been put in place to ensure the identification, protection and guidance of child victims of commercial sexual exploitation, including: (i) the adoption of Act No. 1/13 of 22 September 2016 concerning the prevention and suppression of gender-based sexual violence and the protection of victims, together with a national strategy for combating gender-based violence; (ii) the implementation of a national child protection policy; (iii) the drawing up of a Child Protection Code, which is due to be adopted soon; and (iv) the establishment of a police unit for the protection of minors and morals. The Committee observes that, under section 35 of Act No. 1/13, any person found guilty of sexual exploitation of a minor shall be liable to penal servitude of 15–30 years. Duly noting the measures taken by the Government relating to the sexual exploitation of children, the Committee encourages the Government to continue its efforts to identify and protect child victims of commercial sexual exploitation. The Committee also requests the Government to provide information on the measures taken to ensure that victims of commercial sexual exploitation are directed to and cared for by the appropriate services to ensure their rehabilitation and social integration. The Committee also requests the Government to provide a copy of the Child Protection Code, once adopted.

The Committee is raising other matters in a request addressed directly to the Government.