CMNT_TITLE

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 28 August 2021.

Article 3(3) of the Convention. Admission to hazardous types of work from the age of 16 years. The Committee previously noted that, under section 16 of Ordinance No. 630/1 of 5 January 1981 concerning child labour, children aged over 16 years may perform hazardous work where there are compelling reasons relating to vocational training, after authorization on an individual and temporary basis as an exception to section 13 of the Ordinance. The Committee noted the Government’s indication that the future Labour Code would take account of the Committee’s comments, and expressed the firm hope that the draft Labour Code would be adopted as soon as possible and that its provisions concerning authorization of employment or work for young persons from 16 years of age would be adopted in conformity with the conditions laid down in Article 3(3) of the Convention.

The Government indicates that the provisions concerning authorization for employment or work of adolescents aged 16 years and over were integrated as part of the revision of the Labour Code. Furthermore, the Committee notes the observations of the COSYBU that the revised Labour Code, promulgated on 24 November 2020 (Act No. 1/11), fixes the minimum age for performing non-hazardous work at 16 years. The Committee notes that section 279 of the 2020 Labour Code provides that children under 18 years cannot be employed in hazardous work. The Committee warmly welcomes the measures taken as part of the revision of the Labour Code to prohibit children under 18 years from performing hazardous work to and refers to its detailed comments pertaining to the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 6. Apprenticeships. The Committee has noted, over several years, the Government’s indication that an implementing decree relating to apprenticeships, under section 151 of the Labour Code, will govern the issue of apprenticeships. The Committee expressed the firm hope that the implementing decree would be adopted in the near future.

The Government indicates that the implementing decree relating to apprenticeships has not yet been adopted. The Committee notes that the revised Labour Code, promulgated on 24 November 2020, fixes the minimum age for apprenticeships at 14 years in enterprises, when such work is performed in accordance with the conditions prescribed by the competent authority following consultation with the relevant employers’ and workers’ organizations. An Ordinance of the Minister responsible for labour, issued further to the opinion of the National Labour Committee, determines the activities in which child labour or employment shall be authorized, as well as the conditions of child employment or labour (section 278). The Committee takes due note of the adoption of the revised Labour Code, which fixes the minimum age for apprenticeships at 14 years. The Committee requests the Government to communicate a copy of the Ordinance determining the activities in which labour may be authorized for children under 18 years, within the framework of an apprenticeship, as well as the conditions in which it is performed, in accordance with Article 278 of the 2020 Labour Code.

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 allow children to perform light work from 12 years of age. It also expressed 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 would be amended so that no child under 13 years of age may be engaged in light work.

The Committee notes that, in its observations, COSYBU indicates that the texts implementing the Labour Code, promulgated on 24 November 2020, are being revised. COSYBU states that its representatives will request that sections 5 and 6 of Ordinance No. 630/1 of 5 January 1981 concerning child labour be amended so that no child under 13 years of age may be engaged in light work.

The Committee notes that section 278 of the 2020 Labour Code permits the employment in enterprises of children under 16 years for the performance of light and salubrious work, provided that such work is not harmful to their health or their normal development, or likely to compromise their attention in school or their ability to benefit from such education, and that the child is at least 15 years of age. An Ordinance of the Minister responsible for labour, issued further to the opinion of the National Labour Committee, determines the activities in which child labour or employment shall be authorized, as well as the conditions of child employment or labour. The Committee also notes that section 638 of the 2020 Labour Code provides that all previous provisions that are contrary to the present Code are abrogated. The Committee requests the Government to indicate whether Ordinance No. 630/1 of 5 January 1981 concerning child labour has been abrogated, and to provide a copy of the Ordinance determining the activities in which labour or employment of children in light work may be authorized, as well as the corresponding conditions of employment or labour, under section 278 of the 2020 Labour Code.

Article 9(1). Penalties. In its previous comments, the Committee noted that under the Labour Code employers which do not comply with the provisions respecting the special conditions of work of young persons are liable to a fine of between 5,000 Burundi francs (around US$5) and 10,000 francs (around US$10). It urged the Government to take the necessary steps as soon as possible to ensure that appropriate and effective penalties are applicable to violations of the provisions on child labour.

The Government refers to section 545 of the 2017 Burundi Criminal Code, under which anyone who has used a child in work that, by its nature or the conditions in which it is performed, is likely to harm the child’s health, safety or morals, is punishable by imprisonment of three to five years and a fine of 50,000 to 100,000 Burundi francs. The Committee takes due note of this indication but notes that it only refers to hazardous work. The Committee also notes with interest the adoption of the revised Labour Code, promulgated on 24 November 2020, section 618 of which provides that, without prejudice to the relevant provisions of the Criminal Code concerning violations against children, any employer who engages a child in work that is not proportionate to his or her capacities is punishable with a fine of between 500,000 and 1,000,000 Burundi francs. In this regard, the Committee notes that section 11 of the new Labour Code provides that children may not be employed in work that is not appropriate for their age, their state or their condition, or which prevents them from receiving an education at school. The Committee requests the Government to provide information on the application in practice of section 618 of the 2020 Labour Code, particularly on the number and nature of violations registered relating to the labour of children under the minimum age of admission to employment, as well as the number and amount of the penalties imposed.