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

Other comments on C138

Observation

Direct Request

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 30 August 2018, and also the Government’s reply, received on 22 September 2018.

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that the Government had established a Multisectoral Committee for Combating Child Labour and it asked the Government to provide information on the results achieved under its national policy for combating child labour.

The Committee notes the information sent by the Government in its report, indicating that the National Plan of Action for the elimination of the worst forms of child labour, drawn up for the 2010–15 period, has been implemented by the Multisectoral Committee for Combating Child Labour. This policy comprised six components, including: (i) reinforcement of the law, particularly through the revision of the Labour Code; (ii) advocacy and awareness raising regarding child labour and the worst forms thereof, particularly to achieve public understanding of children’s need to attend school and parents’ need to work; (iii) promotion of education for all; and (iv) support for low-income families. The Committee notes the Government’s indication, in its report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) dated 30 June 2016, that the Plan of Action aimed to be a decisive factor in the abolition of all forms of child labour by 2025 (CEDAW/C/BDI/Q/5-6/Add.1, paragraph 69). The Committee requests the Government to provide information on the results achieved under the National Plan of Action 2010–15 aimed at the progressive elimination of child labour. It also requests the Government to indicate whether, in the context of the effective abolition of child labour, a new national policy has been formulated and to provide information in this respect.

Article 3(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 concerning child labour, children aged over 16 years may be authorized by the labour inspector, on an individual and temporary basis as an exception to section 13 of the Ordinance, to perform work specified in the list of hazardous types of work where there are compelling reasons relating to vocational training. The Committee previously asked the Government to take the necessary steps to ensure that the conditions laid down in Article 3(3) of the Convention are fulfilled.

The Committee notes that COSYBU, in its observations, reminds the Government of the need to observe the provisions of Article 3(3) relating to admission to hazardous work from the age of 16 years.

The Committee notes the Government’s information that the future Labour Code will take account of the Committee’s comments. It recalls that, under Article 3(3), young persons 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 or vocational training in the relevant branch of activity. The Committee expresses the firm hope that the draft Labour Code will be adopted as soon as possible and that its provisions concerning authorization of employment or work for young persons from 16 years of age will be adopted in conformity with the conditions laid down in Article 3(3) of the Convention. It requests the Government to provide information on all progress made in this regard.

Article 6. Apprenticeships. In its previous comments, the Committee noted that the issue of apprenticeships was not regulated by the Labour Code in force but that, according to the Government’s indications, it would be addressed in an implementing 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.

The Committee notes the Government’s indication that the implementing decree relating to apprenticeships is not yet available. The Committee expresses the firm hope that the implementing decree will be adopted in the near future and requests the Government to send a copy of it when it has been adopted.

Article 7(1) and (2). Admission to light work. In its previous comments, the Committee noted that sections 5 and 6 of Ordinance No. 630/1 of 5 January 1981 concerning child labour, which allow children to perform light work from 12 years of age, were incompatible with the provisions of the Convention, which only allows light work from 13 years of age. The Government indicated that changes would be made during the revision of the Labour Code. The Committee also noted that section 7 of the Ordinance provides that light work may not exceed six hours per day, either during term time or in the school holidays. The Committee asked for further information on this matter.

The Committee notes the Government’s indication that the light work in question is not harmful to children’s school attendance. The Committee notes this information and requests the Government to provide further details on the manner in which the school attendance of children working six hours per day is ensured. It also expresses the firm hope that, as part of the revision of the Labour Code, sections 5 and 6 of Ordinance No. 630/1 of 5 January 1981 concerning child labour will be amended so that no child under 13 years of age may be engaged in light work. The Committee requests the Government to provide information on all progress made in this regard.