Texts of pending comments

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions No. 12 (employment injury compensation, agriculture), No. 17 (employment injury compensation, accidents) and No. 42 (occupational disease compensation, revised) together.

Article 1 of Convention No. 12. Coverage of agricultural workers in the informal economy. In its previous comments on the application of Convention No. 12, the Committee requested the Government to provide information on the implementation of the objectives of the national social protection policy and to indicate whether any specific measures had been taken to extend coverage of employment injury compensation to agricultural workers in the informal economy. The Committee notes, according to the indications provided by the Government in its report, that agricultural workers in the informal economy are covered by non-contributory or universal sickness programmes, such as the medical assistance card (CAM), which give them access to care in the event of employment injury. Moreover, the Committee notes with interest the adoption of the new Social Protection Code, under the terms of Act No. 1/12 of 12 May 2020, which provides in section 23(6) that the scope of application of the basic scheme, including the occupational risks scheme, now includes economic operators in the informal sector among the categories of workers protected within the meaning of the law. The Committee requests the Government to indicate whether section 23(6) of the Social Protection Code of 2020 does indeed have the effect of extending the protection of the basic occupational risks scheme to all agricultural workers in the informal economy. It also requests the Government to provide any relevant information concerning the effect given in practice to this provision, including any statistical data available on the number of injuries and applications for compensation submitted by these workers.

The Committee further observes that the extension of social protection to populations and workers not covered by the current social protection system, including those engaged in the informal and rural economies, is one of the priorities of the Decent Work Country Programme (DWCP) 2020-2023 of Burundi. With this objective, it is planned, among other action, to develop a methodology and tools to help enterprises in the formal and informal economies to draw up labour contracts including social security registration. The Committee requests the Government to provide information on any measures adopted or planned for the achievement of this objective, as well any other specific measures intended to provide required income protection and effective access to health care for all agricultural workers in the informal economy who suffer injuries due to work or on the occasion of work.

Article 6 of Convention No. 17 and Article 1 of Convention No. 42. Waiting period. In its previous comment on the application of Convention No. 17, the Committee noted that the waiting period of 30 days for the provision of compensation to victims of employment injury was not in conformity with Article 6 of Convention No. 17, which provides that, in case of incapacity, compensation shall be paid not later than as from the fifth day after the accident, whether it is payable by the employer, an accident insurance institution or a sickness insurance institution. Noting that, in practice, compensation is paid by employers from the second until the 30th day after an accident, it requested the Government to continue providing information on any legislative amendments concerning the payment of employment injury benefits to workers who are victims of industrial accidents as of the fifth day after the accident. The Committee also requested the Government to provide any information available on the manner in which employers in practice provide victims of employment injury with compensation until the 31st day following an industrial accident.

The Committee takes due note of the Government’s indications that the employer’s obligation to pay victims of employment injuries their full remuneration for the first 30 days of the resulting incapacity is set out in clause 30 of the national interoccupational collective agreement of 3 April 1980, under the terms of Title II, First Chapter, of Legislative Order No. 01/31 of 2 June 1966 issuing the Labour Code of Burundi. The Committee notes that this collective agreement has binding force and is broad in scope, as it applies to all workers in Burundi and all enterprises in the economic sectors specified in the agreement, namely agriculture, the extractive and manufacturing industries, construction and public works, public services, electricity, gas, water and sanitation, as well as transport, warehouses and communications. On the other hand, the Committee observes that the new Social Protection Code of 2020 still provides for a waiting period of 30 days for entitlement to employment injury benefit (sections 44 and 52). The Committee requests the Government to provide further information on the mechanisms that exist to ensure the application of clause 30 of the national interoccupational collective agreement, including any enforcement mechanism and any penalties applicable in the event of the failure by the employer to pay the remuneration due. The Committee also requests the Government to indicate whether there is a requirement or a possibility for the employer to take out insurance to guarantee the payment of the remuneration due to victims of employment injury during the first 30 days of incapacity and, in any case, beyond the fifth day after the accident causing the injury, in accordance with Article 6 of the Convention.

Application in practice of Conventions Nos 12, 17 and 42. (i) Updating of the national list of occupational diseases. In its previous comments on the application in practice of Convention No. 42, the Committee requested the Government to indicate whether there had been any follow up to the recommendations made by employers’ and workers’ organizations to review the list of occupational diseases in order to adapt it to current needs. The Committee notes the Government’s reply indicating that, under the terms of the new Social Protection Code of 2020, the list of occupational diseases, the procedures for updating it and the waiting periods shall be established by joint order of the Ministers of Public Health and of Social Protection within their fields of competence (section 47). The Government adds that the organizations of employers and workers that recommended the review of the list of occupational diseases are members of the National Social Protection Commission, a tripartite commission responsible for promoting and regulating the programmes of the National Social Protection Policy (section 1 of Decree No. 100/237 of 22 August 2012). The Committee encourages the Government to hold tripartite consultations, under the aegis of the National Social Protection Commission or another appropriate platform, in order to revise the list of occupational diseases to meet current needs, taking into account in particular the risks to which the workers of Burundi are exposed in the economic sectors covered by the national legislative framework. The Committee requests the Government to inform it of any measures adopted or envisaged in this respect, including any order issued under section 47 of the Social Protection Code of 2020.

(ii) Labour inspection. In its previous comments on the application of Convention No. 12, the Committee noted the difficulties facing the labour inspection services as a result of insufficient human and financial resources, as indicated by the Government, and requested the Government to provide information on the measures adopted or envisaged so that the labour inspection services can fulfil their mission. Moreover, in its previous comments on the application of Convention No. 42, the Committee requested the Government to envisage the adoption of further measures to improve the functioning of the system for the recognition of occupational diseases. The Committee notes the information provided by the Government in this respect, including the reassignment of around ten staff and officials from the General Directorate of Labour to the General Labour and Social Security Inspectorate, and the preparation of the report on the inspection services following several years in which it was not published. The Committee hopes that this reassignment will open the way for a reorganization and reallocation of resources with a view to improving the effectiveness of the inspection services in the detection and compensation of employment injury in practice. The Committee requests the Government to keep it informed of any other measures adopted or envisaged to reinforce the resources of the labour inspection services and ensure their effectiveness, particularly with regard to the reporting and compensation of employment accidents and occupational diseases, including in the agricultural sector. The Committee also requests the Government to forward the report of the inspection services when it is published, so that the Committee can assess the application in practice of the Conventions on employment injury compensation.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Conventions Nos 17 and 42 are in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations of its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefit. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 and/or Convention No. 102 (and accept its Part VI) as the most up-to-date instruments in this subject area

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2021.

Legislative developments. The Committee notes the adoption of Act No. 11 of 24 November 2020 on the revision of Decree-Law No. 1/037 of 7 July 1993 on the revision of the Labour Code of Burundi. Concerning the minimum wage-fixing machinery, the Committee notes that sections 186 and 551 of the new text largely reproduce sections 74 and 249 of the former text and that the new text specifies that the rates must be adjusted every four years and revises the penalties set out for cases of payment of remuneration below the legal minimum wage.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, noting the lack of tangible progress made in activating the minimum wage-fixing machinery provided for in the Labour Code, the Committee requested the Government to take all the necessary measures to reactivate without delay the minimum wage review process, and to provide information in this regard, particularly on any decrees adopted further to this review. It also requested the Government to provide information on the minimum wages applicable by category, as fixed by collective agreements in the various branches of activity or in enterprises. The Committee notes the Government’s indication in its report that a tripartite committee has been established to determine the terms of reference for an impartial study to be conducted by experts leading to a proposal for the guaranteed inter-occupational minimum wage (SMIG) in the national socio-economic context. It also notes that the COSYBU in its observations recognizes the Government’s willingness to fix the rate of the updated minimum wages but asks once again that it accelerate the review process of these rates. While noting this information, the Committee is bound to observe that the SMIG has still not been adjusted since 1988 and that no information on collective bargaining with regard to minimum wages applicable by category has been provided by the Government. In this context, the Committee once again urges the Government to take the necessary measures to carry out without delay an adjustment of the SMIG, in the light of the outcomes of the review initiated in the abovementioned tripartite committee. The Committee also once again requests the Government to provide information on the minimum wages applicable to various categories of workers, fixed by collective agreements in the various branches of activity or in enterprises.

[The Government is asked to reply in full to the present comments in 2022.]

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the measures taken by the Government to combat trafficking in persons, in particular through the adoption of Act No. 1/28 of 29 October 2014 on the prevention and repression of trafficking in persons and the protection of victims, and the establishment of a commission for consultation and monitoring of the prevention and repression of trafficking in persons. The Committee also referred to the growing number of women and girls who are trafficked out of the country for the purposes of domestic servitude and sexual slavery. It requested the Government to provide information on the application of Act No. 1/28 of 29 October 2014 in practice, as well as on the measures taken to prevent the trafficking of persons and to punish those responsible.

The Government indicates in its report, according to information from the Ministry of Justice, that since 2014 more than 100 cases have come before the courts and 40 have judgements have been handed down. In addition, 70 per cent of the country’s magistrates (541 out of 729 magistrates) have been briefed on the issue. In its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that according to the National Observatory of trans-border criminality, in 2018, 227 women victims of trafficking to the Gulf States were identified. The Committee also notes that sections 244 to 256 of the revised Penal Code of 2017 (Act No. 1/27 of 29 December 2017) concern trafficking in persons and related offences. In particular, section 246 provides for a penalty of five to ten years’ penal labour and a fine for any person found guilty of human trafficking.

The Committee notes that the Government indicates, in its third periodic report under the International Covenant on Civil and Political Rights, dated 30 November 2020, that an ad hoc commission has been established to examine strategies for dismantling trafficking networks (CCPR/C/BDI/3, paragraph 75). It also notes from the website of the Independent National Human Rights Commission that the Commission’s mandate includes receiving and managing complaints related to human trafficking. The Committee requests the Government to pursue its efforts to strengthen the capacities and the means at the disposal of the competent authorities, to be able to identify human trafficking situations and launch appropriate judicial procedures. It requests the Government to continue to provide information on the number of enquiries undertaken, prosecutions filed and convictions issued in this field, as well as the number of complaints regarding human trafficking dealt with by the CNIDH. Finally, the Committee requests the Government to indicate the measures taken, in particular by the commission for consultation and monitoring of the prevention and repression of trafficking in persons, to raise citizens’ awareness of the risks of human trafficking, and also to protect and assist victims.

Article 1(1) and Article 2(1). 1. Conditions governing the resignation of military personnel. The Committee previously requested the Government to indicate whether requests to resign by military personnel may be refused or deferred and, if so, to specify the reasons for such refusals or deferrals.

The Committee notes that the Government refers to Acts Nos. 1/19, 1/20 and 1/21 of 31 December 2010 respectively establishing the status of troops, non-commissioned officers and officers of the national defence force. The Committee observes in this regard that the provisions of these Acts provide that any member of the military wishing to resign shall make the request to do so. The requests shall, according to rank, be accepted by the competent authority or the Chief of General Staff. The Government indicates that requests to resign by military personnel may, in practice, be refused or deferred on three grounds: (i) if the request to resign is unfounded; (ii) where it is difficult to find an immediate replacement; (iii) for reasons of national security. In this regard, the Committee stresses that career military personnel who have engaged voluntarily in the armed forces must not be deprived of the right to leave the service in peacetime within a reasonable period, either at fixed intervals, or by means of notice. The Committee therefore requests the Government to indicate the criteria applied as to whether a request to resign is, or is not, unfounded. The Committee also requests the Government to provide information on the number of requests to resign by military personnel accepted, refused or deferred, together with the reasons for such refusal or deferral.

2. Suppression of vagrancy. The Committee notes that the Penal Code adopted in 2017 reintroduces provisions penalising vagrancy. Section 524 provides that any person found in the public highway, with no occupation or trade, and without means of subsistence or fixed abode, may incur from 14 days’ to two months’ penal labour and a fine, or one of these penalties alone. The Committee underlines that this broad definition of vagrancy contains provisions that are sufficiently general to constitute an indirect compulsion to work and are as such incompatible with the Convention. The Committee therefore requests the Government to take appropriate measures to limit the scope of section 524 of the Penal Code so that only persons who disturb the public order or engage in illicit activities may incur penalties. In the meantime, the Committee requests the Government to provide information on the manner in which this section is applied in practice and to provide a copy of any legal decision taken on its basis.

3. Compulsory agricultural work. In its previous comments, the Committee requested the Government to provide a copy of the texts repealing the provisions allowing for compulsory participation in certain types of agricultural work by virtue of the following texts: Ordinances Nos 710/275 and 710/276 of 25 October 1979 (agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to recreate and maintain minimum areas of fruit crops), the Decree of 14 July 1952, Ordinance No 1286 of 10 July 1953 and Decree of 10 May 1957 (texts on compulsory cultivation, porterage and public works).

The Government reiterates that the legislation cited, which dates from the colonial period, is outdated and has been tacitly repealed. The Committee takes due note of this information and hopes that the Government will be able, when undertaking a revision of the legislation, to formally repeal the legislation cited in order to remove any ambiguity in the national legal system. Please provide information on any progress made in this regard.

Article 2(2)(c). Sentences of community work. In its previous comments, the Committee noted that the Penal Code includes, among the principal penalties, the penalty of community work for a public legal entity or an association authorized to undertake community work. The Committee requested the Government to indicate whether the courts had handed down sentences of community work, and if so, these penalties could be handed down without the consent of the convicted person.

The Committee notes that within the meaning of section 44 of the revised Penal Code of 2017, community work constitutes a principal penalty. Section 54 provides that this penalty is applied by a judge in substitution for a penalty of penal labour of under two years. Moreover, the Committee notes that sections 361 to 370 of the revised Code of Criminal Procedure of 2018 (Act No. 1/09 of 11 May 2018) regulate the performance of community work. Associations wishing to obtain authorization to implement community work must request such authorization from the Minister responsible for justice (section 361); the list of community work and the procedures under which it is performed are fixed by decree (article 366). The Committee further notes, from the information submitted by the Government in 2018, that it is obligatory to obtain the consent of the convicted person when applying the penalty of community work, and that the courts have so far not handed down any penalties of community work. The Committee requests the Government to provide a copy of the decree establishing the list of community work and the procedures under which it is performed procedures for the performance of community work, when it has been adopted.

The Committee takes note of the observation of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2021.

Article 1(1) and Article 2(1) of the Convention. Compulsory community development work. For more than ten years, the Committee has referred to the question of community work in which the population participates under Act No. 1/016 of 20 April 2005 organizing municipal administration. With the objective of promoting the economic and social development of municipalities at both the individual level and on a collective and unified basis, municipalities may cooperate through a system of inter-municipality, and it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. While noting the Government’s indication that the law does not provide for penalties against persons who do not engage in community work, the Committee observes that this work is undertaken by the population without a text regulating the nature of the work, the terms under which the work may be required of the population, nor the manner in which the work is organized. The Committee also noted that the COSYBU referred to the fact that the population is not consulted on the nature of the work, which is decided upon unilaterally, and that the police prevent the population from moving during such work, by closing the streets. The Committee drew the Government’s attention to the need to adopt regulations to Act No. 1/016 of 20 April 2005 organizing municipal administration, to provide a framework for participation in community work and its organization, and enshrine the voluntary nature of the work.

In its report, the Government reiterates that participation in community work is voluntary, and that it takes due note of the need to regulate Act No. 1/016. The Committee notes however that Basic Act No. 1/04 of 19 February 2020 amending certain provisions of Act No. 1/33 of 28 November 2014 organizing municipal administration, does not enshrine the voluntary character of the work. This Act reprises certain provisions of Act No. 1/016 of 20 April 2005, and specifies that municipalities must promote their economic and social development at both the individual level and on a collective and unified basis, and that it is up to the municipal council to monitor the implementation and carry out the evaluation of the municipal development programme. The Committee notes the new observations from the COSYBU according to which during the performance of community works circulation in the streets is free, although no information regarding the lifting of the street closures has been provided.

The Committee observes, from the information available on the Government’s website, that certain community work consists of renewing bridges and roads. Furthermore, according to information available on the National Assembly website, community work that helps install municipal, regional and national infrastructure, boosts the national budget allocated to the country’s socio-economic policies by the equivalent of more than 10 per cent each year, and appears to implicate the entire population. The Committee also notes that, in its annual report for 2020, the Independent National Human Rights Commission (CNIDH) refers to labour supplied by the population, which had been used for the construction of new classrooms. In light of the nature of the work undertaken, its scale and the importance that it holds for the country, the Committee again requests the Government to take the appropriate measures to regulate the ways in which the population participates in community work, and to enshrine the voluntary nature of this participation. It requests the Government to provide information on progress made in this regard.

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

Article 1(b) of the Convention. Compulsory civic service for the purposes of economic development. In its previous comments, the Committee noted that under sections 2 and 8 of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service, civic service consists of unpaid compulsory service for the State in areas of public interest or development, and that the refusal to perform it is liable to punishment in the form of imprisonment ranging from one month to one year. It noted that similar provisions are applicable to national defence, in particular Ministerial Ordinance No. 520/003 of 6 January 1997 concerning the organization of compulsory civic service in relation to national defence, and Legislative Decree No. 1/013 of 31 October 1997 issuing regulations governing persons engaged in compulsory civic service in the field of national defence. The Government indicated that, although Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service was still in force, civic service was not compulsory and has been discontinued since 2002. It also indicated that recruitment to the defence forces is voluntary. Recalling that Article 1(b) of the Convention prohibits the use of compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee encouraged the Government to repeal Legislative Decree No. 1/005 of 1 December 1996 so as to ensure conformity with the Convention.

The Committee notes the absence of information on this subject in the Government’s report. The Committee once again requests the Government to take the necessary steps to align legislation with the practice indicated, either by repealing the abovementioned texts or by deleting the provisions that stipulate the compulsory nature of these civic services and the applicable penalties for refusal. It requests the Government to provide information on progress made in this regard.

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2021.

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 expressed its concern at the continued existence of the provisions of the laws (the Penal Code and the Press Act) which can be used to restrict the exercise of the freedom to express political or ideological views (orally, through the press or via other communication media) and which result in the imposition of penalties involving compulsory prison labour, inasmuch as section 25 of Act No. 1/026 of 22 September 2003 issuing the prison regulations provides that work remains compulsory for all prisoners. The Committee referred to sections 600 (distribution, circulation or display of documents that are damaging to the national interest, for propaganda purposes) and 601 of the Penal Code (receipt of advantages from abroad intended to conduct an activity or propaganda such as to undermine the loyalty of citizens towards the State). The Committee urged the Government to ensure that no penalty involving compulsory labour may be imposed for the peaceful expression of political views or views ideologically opposed to the established system.

The Committee notes the Government’s indication in its report that the Penal Code was revised following the adoption of Act No. 1/27 of 29 December 2017, revising the Penal Code. The Government indicates that freedom of expression is guaranteed by the Constitution and also refers to provisions guaranteeing respect for the right to a fair trial which protect journalists and human rights defenders. The Committee notes that, in its observations, COSYBU states that the organization of public demonstrations and opposition movements is viewed negatively by the public authorities and that some labour movements exerting pressure with regard to legitimate demands have been stopped by the police and certain union leaders punished.

The Committee notes that section 25 of Act No. 1/24 of 14 December 2017 on the revision of the prison system reproduces the same provisions as in section 25 of Act No. 1/026 of 22 September 2003 on the prison system. Work therefore remains compulsory for all prisoners with a prison sentence. It further notes that the revised Penal Code of 2017 provides for imprisonment (consequently involving prison labour) for certain activities that may fall within the scope of Article 1(a) of the Convention, namely activities through which persons express ideas or views opposed to the established political, economic or social system:

– injurious allegations, likely to be prejudicial to the honour or reputation of a person or expose him or her to public scorn (section 264);
– insults (sections 265 and 268);
– acts against the decency of the head of State or an agent exercising public authority (sections 394 and 396);
– withdrawal, destruction, damage, replacement or insult of the flag or official insignia (section 398);
– distribution, circulation or public display of pamphlets, bulletins or flyers from abroad or inspired by foreign sources intended to harm the national interest, for propaganda purposes, as well as the possession of such documents with a view to such acts (section 623);
– the receipt, by a foreign person or organization, of donations, presents, loans or other advantages, intended or used to conduct or remunerate in Burundi an activity or propaganda such as to undermine the loyalty that the citizens owe to the State and institutions of Burundi (section 624);
– the contribution to the publication, dissemination or reproduction of fake news with a view to causing a breach of the peace, as well as the exhibition in public places or places open to the public of any objects or images likely to breach the peace (section 625).

Furthermore, the Committee notes that Act No. 1/19 of 14 September 2018, amending Act No. 1/15 of 9 May 2015, governing the press in Burundi, provides that failure to comply with its provisions is subject to criminal penalties. The Committee notes in this regard that, under section 52 of the Act, journalists must only publish information considered “balanced”. Section 62 provides that the press shall treat information in a “balanced” manner and shall refrain from broadcasting or publishing content that is harmful to good moral standards and public order.

The Committee notes that, in its report of 13 August 2020, the United Nations Commission of Inquiry on Burundi indicates that political opponents were victims of serious human rights violations, in the context of the 2020 electoral process, which included arbitrary detentions, convictions with sentences of several years in prison and murders in reprisal for their political activities (A/HRC/45/32, paras 31, 32, 34, 35 and 58). The press is also monitored, and journalists and human rights defenders have been sentenced to imprisonment because of their work (paras 41 to 43). At its oral presentation on 11 March 2021 to the 46th session of the Human Rights Council, the Commission of Inquiry on Burundi noted that several human rights defenders, political opponents and journalists were sentenced to imprisonment for endangering the internal security of the State, rebellion and false accusations owing to their activities and criticism.

The Committee notes with regret that the 2017 Penal Code still contains provisions permitting punishment by imprisonment involving compulsory prison labour for activities associated with the expression of political views or views opposed to the established system. It also notes with deep concern the information relating to the judicial punishment of journalists and political opponents. The Committee once again recalls that under Article 1(a) of the Convention, persons, without recourse to violence, holding or expressing political views or views ideologically opposed to the established political, social or economic system must not be subject to punishments that would require them to work, including compulsory prison labour. The Committee therefore urges the Government to take the necessary measures to ensure that, in law and practice, no person expressing political views or views ideologically opposed to the established political, social or economic system, including journalists, human rights defenders and political opponents, may not be liable or sentenced to imprisonment, which, under national legislation, involves compulsory labour. The Committee requests the Government to indicate the measures taken to revise the above legislation to this end. It meanwhile requests the Government to provide information on the application in practice of the above sections of the Penal Code, particularly the number of prosecutions brought and penalties imposed, as well as any court decisions recognizing criminal responsibility and criminally sanctioning non-compliance with the provisions of Act No. 1/19 governing the press in Burundi.

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

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.

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2021.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the National Plan of Action (NPA) for the elimination of the worst forms of child labour 2010-2015, one of the goals of which is to contribute to the elimination of child labour, in all its forms, by 2025. The Committee requested the Government to provide information on the results achieved under the NPA 2010–2015 to ensure the progressive elimination of child labour and on any new national policy formulated in this respect.

The Government indicates in its report that the NPA 2010–2015 enabled awareness-raising among children, parents and professionals on child protection under the Convention. The Government specifies that a national policy to combat child labour and a corresponding action plan will soon be formulated. The Committee notes that, according to UNICEF statistical data, 30.92 per cent of children were engaged in child labour in 2017 in Burundi (32.16 per cent of girls and 29.66 per cent of boys). The Committee requests the Government to intensify its efforts to ensure the progressive elimination of child labour in the country, particularly through the adoption of a national policy on the matter, in accordance with Article 1 of the Convention. It requests the Government to communicate information on the specific measures taken in this respect as well as on the results achieved.

Article 2(1). Scope of application. In its previous comments, the Committee noted that sections 3 and 14 of the Labour Code prohibit work by young persons under 16 years of age in public and private enterprises where such work is carried out on behalf of and under the supervision of an employer. It noted the Government’s indication that the question of extending the application of the Convention to the informal economy, where there is evidence of child labour, would be taken into account during the revision of the Labour Code. The Committee further noted the survey on domestic labour, especially child domestic labour, in Burundi carried out in 2013-14, according to which 5.3 per cent of children in the 7–12 age group and over 40 per cent of children in the 13–15 age group are domestic workers. The Committee therefore requested the Government to take the necessary steps to extend the scope of application of the Convention to work done outside a formal employment relationship, particularly in the informal economy and in agriculture.

The Government indicates in its report that child labour in the informal sector has been taken into account in the revision of the Labour Code. The Committee notes the observations of COSYBU that the revised Labour Code, promulgated on 24 November 2020 (Act No. 1/11), has enabled progress to be made in extending the scope of application of the Convention to work done outside a formal employment relationship. The Committee notes in this regard that under Article 2 of the 2020 Labour Code, relations between domestic workers and employers and the informal sector are governed by this Code, to the extent permitted by specific laws applicable to them. The minimum age of admission to employment, set at 16 years, applies to family agricultural, breeding, commercial or industrial activities. Section 3 of the Code specifies that relations between employers and workers, and working conditions in strictly informal sectors are determined by a special law.

The Committee notes that according to UNICEF’s 2020 annual report in Burundi, the majority of young people in work occupy jobs in the informal sector, as the economy is heavily dependent on agriculture. The Committee notes with interest the adoption of the revised Labour Code of 2020, which extends the scope of application of the Convention to the informal economy. The Committee encourages the Government to pursue its efforts and requests it to indicate any measures taken or envisaged to ensure in practice the application of the minimum age of admission to employment of 16 years in the informal economy. It also requests the Government to communicate a copy of the Act governing work in the informal economy.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted Act No. 1/19 of 10 September 2013 establishing the structure of primary and secondary education, which had strengthened core education by increasing it from six to nine years of schooling, starting at the age of 6 years. Hence, a child who starts school at six years of age completes compulsory schooling at the age of 15 years. It noted that COSYBU, in its observations, asked the Government to fix the minimum age for the completion of compulsory schooling. The Committee requested the Government to take the necessary steps without delay to ensure that schooling is compulsory up to the minimum age of admission to employment, namely 16 years, so that the age of completion of compulsory schooling coincides with the minimum age of access to employment or work.

The Committee notes the absence of new information from the Government on this point. The Committee urges the Government to take the necessary measures so that, in accordance with Article 2(3) of the Convention, schooling up to the minimum age of admission to employment, namely 16 years, is compulsory. It requests the Government to provide information on progress made in this regard.

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

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee noted that 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) established penalties of 15–20 years’ imprisonment for persons found guilty of trafficking in children. It noted the Government’s information that women and children were victims of trafficking in 2017 to Oman, Saudi Arabia and Kuwait, for economic and sexual exploitation. The Government had pointed out that some cases of trafficking escaped the control of the law. The Committee noted the increase in the number of cases of trafficking in persons, including girls, for purposes of domestic servitude and sexual slavery. The Committee therefore requested the Government to intensify its efforts to ensure the thorough investigation and effective prosecution of individuals who engaged in the sale and trafficking of children and to ensure that penalties constituting an effective deterrent were applied in practice.

The Government indicates in its report that a mechanism for the identification, repatriation and reintegration of victims of trafficking and for the search and prosecution of perpetrators is being implemented. It further indicates that, according to the National Observatory to Combat Transnational Crime, in 2018, 24 underage girls who were victims of trafficking to Gulf countries were identified. The Government reiterates the indication that some perpetrators of trafficking escaped the control of the law. It also refers to several sections of the revised 2017 Criminal Code (Act No. 1/27). Section 246, which reproduces the definition of trafficking in the Anti-Trafficking Act, provides that trafficking in persons, including children, is punishable with a prison sentence of five to ten years and a fine. Section 245 provides for a prison sentence of up to 20 years for any person who brings in or takes out of the country a child under 18 years of age with the intention of violating the child’s freedom, including for the purpose of sexual or domestic exploitation. In addition, the Committee notes that section 255 of the Criminal Code provides that the offence of trafficking in persons is punishable by a prison sentence of 15–20 years and a fine where it is committed against a child.

The Committee also notes that, according to the website of the Independent National Human Rights Commission (CNIDH), the Commission is responsible for the reception and handling of complaints from victims of trafficking in persons. In its 2020 annual report, the CNIDH indicates that in 2020 only one case was referred to it concerning allegations of trafficking of a girl. The CNIDH also indicates that it was informed of networks of trafficking in persons to other countries, and that it envisaged leading in-depth investigations with the cooperation of the competent services. In addition, the Committee notes that a programme to combat trafficking in Burundi has been developed by the Government, in partnership with the International Organization for Migration, for 2019–22, to strengthen the Government’s capacity to combat trafficking in persons. The Committee requests the Government to intensify its efforts, including by strengthening the capacities of the law enforcement bodies, to ensure that all persons who commit acts of trafficking in children are subject to investigation and prosecution, and that sanctions constituting effective deterrents are imposed. It requests the Government to provide information on the number of investigations conducted by the CNIDH and the competent services concerning trafficking in children under 18 years and on the number of proceedings brought. It also requests it to indicate the penalties imposed on the perpetrators of trafficking in children, the facts that formed the basis of the convictions and the provisions under which the sanctions were imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the adoption of a Sectoral plan for the development of education and training 2012–20. It noted the Government’s indications that measures had been taken to improve access to education, including a policy of free schooling, the setting up of schools and school canteens, the abolition of official school fees in primary education and for the poorest pupils of secondary school fees, and the distribution of school kits in some provinces. The Committee also noted information from UNESCO and the Committee on the Elimination of Discrimination against Women (CEDAW) according to which the drop-out rate for girls at secondary level is extremely high. The Committee requested the Government to continue its efforts to improve access to, and the functioning of, the education system in the country, including by increasing the rate of enrolment and the rate of completion in secondary education for girls.

The Government refers to several measures taken to improve access to education, including: (i) the ongoing “Back to School” and “Zero Pregnancies” campaigns; (ii) the establishment of a national school canteens policy; (iii) the establishment of a system for the reintegration of girls who have dropped out of school; and (iv) the launch of the “aunt/school and father/school” project in all schools in Burundi. The Committee highlights, in its observation formulated under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), adopted in 2020, that the “aunt/school and father/school” project was developed to combat school drop-outs and unwanted pregnancies. The Committee notes the Transitional Plan for Education in Burundi 2018–20, the priority pillars of which include access for and retention of children in basic education and improvement of the quality of education.

The Committee notes, however, that according to the 2020 annual report of the CNIDH, although basic education was free, Batwa (indigenous community) households and poor families had difficulty keeping their children in school and children dropped out very early. The Committee also notes the information of the UNICEF Burundi office, in its 2020 annual report, according to which the percentage of children completing basic education has decreased, falling from 62 per cent in 2017/2018 to 53.5 per cent in 2018/2019, mainly owing to disparities in quality education in the country. One in five girls and one in four boys completes secondary education, and one in five women aged 15 to 24 is illiterate. UNICEF reports that 30 percent of adolescents are not in school, 95 percent of whom are girls. In addition, according to UNICEF information, school enrolment of children aged 6–11 has increased sharply in recent years but has declined significantly for children aged 12–14 (63.7 per cent of children aged 12–14 were enrolled in school in 2018), particularly due to household poverty, early pregnancy, school violence, including cases of sexual abuse by teachers, and low-quality education. While noting the measures taken by the Government, the Committee notes with concern the decline in the rate of completion for children in basic education and the low enrolment rates in junior secondary schools. Recalling that education plays a key role in preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system in the country, through measures aimed, in particular, at increasing the school enrolment rate and reducing the school dropout rate in primary and secondary education, including for girls and the Batwa community. It requests the Government to continue to provide information on the measures taken or envisaged in this respect, as well as on results achieved.

Clause (d). Children at special risk. Street children. In its previous comments, the Committee noted the Government’s indications that parties involved in child protection cooperated to promote the socio-economic reintegration of street children. It noted that several centres for the rehabilitation of children were opened in Ruyigi and Rumonge, and in Ngozi, particularly for girls. It noted, however, that these rehabilitation centres were presented as prisons for children, and noted the arrest and detention of minors working or living in the streets. The Committee requested the Government to take specific measures to adequately protect children living in the streets against exploitation and to ensure their rehabilitation and social integration.

The Government indicates that the child protection committees, established at the hill-settlement, communal and provincial levels, coordinate with the police unit for the protection of minors and morals to repatriate street children. The Committee also notes the Government’s indication, in its report to CEDAW of 26 August 2019, that part of the mission of the homes managed by Humanitarian Work for the Protection and Development of Children in Difficulty is to reintegrate street children (CEDAW/C/BDI/CO/5-6/Add.1, paragraph 15). The Committee notes that, according to information from UNICEF, the number of street children is rising, and that some of them are arrested by the authorities. In addition, the Committee notes that section 527 of the 2017 revised Criminal Code (Act No. 1/127) provides for a prison sentence of five to ten years and a fine in the case of exploitation of minors for begging. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to step up its efforts to protect these children from the worst forms of child labour, and not to treat them like criminals, so as to ensure their rehabilitation and social integration. It requests the Government to provide information in this regard, including on the number of children identified as living or working in the streets and the support measures provided to them.

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

Article 3(b) of the Convention. Worst forms of child labour. Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that although under national legislation the use, procuring or offering of children for prostitution is punishable with a prison sentence of three to five years and a fine of 100,000-500,000 Burundian francs, it noted that children are victim of this worst form of labour, particularly in fishing and border areas. The Committee requested 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.

The Government indicates that section 562 of the 2017 revised Criminal Code provides for imprisonment of five to ten years and a fine of 50,000–200,000 Burundi francs for anyone who violates morals by exciting or encouraging the satisfaction of the passions of others, immoral behaviour, corruption or the prostitution of persons of either sex where one of the persons concerned is, or appears to be, younger than 21 years of age. The Committee also notes that section 542 of the revised Criminal Code provides for a prison sentence of three to five years and a fine of 100,000–500,000 francs for anyone having used, procured or offered a child for prostitution, for the production of pornographic material or for pornographic performances. The Committee urges the Government to provide information on the number of investigations conducted and prosecutions brought against individuals who engage in the use, procuring or offering of a child under 18 years of age for prostitution. It also requests it to provide information on the number and nature of penalties imposed under sections 542 and 562 of the 2017 revised Criminal Code, as well as on the facts that formed the basis of the convictions.

Articles 3(d) and 4(1) and (2) of the Convention. Hazardous work, determination of hazardous types of work and identification of where these types of work exist. Children working in the informal economy. The Committee previously noted that a list of hazardous types of work prohibited for children under 18 years of age was drawn up as part of the National Action Plan 2010–15 for the elimination of the worst forms of child labour. It noted that, under national legislation, the prohibition against performing hazardous work for children under 18 years of age did not apply to children working in the informal economy. The Committee requested the Government to indicate the provisions establishing the determination of hazardous types of work and identification of where hazardous work prohibited for children under 18 years of age existed. It also expressed the firm hope that national legislative provisions would incorporate protection of children engaged in hazardous work in the informal sector.

The Committee notes the absence of new information in the Government’s report. It also notes that section 280 of the revised Labour Code, promulgated on 24 November 2020 (Act No. 1/11) provides that an Ordinance of the Minister responsible for labour fixes the nature and the list of work, and categories of enterprises, prohibited for children under 18 years. In addition, section 2 of the 2020 Labour Code provides that relations between workers and employers in the household and those in the informal sector are governed by this Code, to the extent permitted by specific laws applicable to them. The Committee takes due note of the progress achieved by the Government, and requests it to provide a copy of the Ordinance fixing the nature and the list of work, and categories of enterprises, prohibited for children under 18 years.

Articles 5 and 6. Monitoring mechanisms and programmes of action. The Committee previously noted the Government’s indication that the lack of financial resources prevented the effective reinforcement of the capacities of the bodies responsible for enforcement of the laws relating to the worst forms of child labour in the informal economy. It noted that, according to the Government, 11 labour inspectors were responsible for the enforcement of laws and regulations. The Committee therefore requested the Government to take the necessary steps to strengthen the capacities of the bodies responsible for enforcement of the laws relating to the worst forms of child labour, including in the informal economy.

The Committee notes the absence of information on this matter in the Government’s report. Recalling that monitoring mechanisms are essential for the application of the provisions of national legislation concerning the worst forms of child labour, the Committee once again urges the Government to take the necessary steps to strengthen the capacities of the bodies responsible for enforcement of the laws relating to the worst forms of child labour. It requests the Government to provide information in this regard.

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. In its previous comments, the Committee noted the large number of child victims of commercial sexual exploitation, including orphaned girls or girls separated from their families who had come to the major cities for employment as domestic workers. The Committee noted the various measures taken by the Government to identify, protect and guide child victims of commercial sexual exploitation and encouraged it to continue its efforts to identify and protect these children.

The Government indicates that four national integrated centres were established for victims of gender-based violence, trafficking and commercial sexual exploitation. The Committee requests the Government to continue to take measures to identify and protect child victims of commercial sexual exploitation and to communicate information in this regard. It also requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been taken into the integrated protection centres and who have received support with a view to rehabilitation and social integration.

Clause (d). Children at special risk. Child HIV/AIDS orphans and other vulnerable children (OVC). The Committee previously noted that for 2017, UNAIDS estimated 52,000 children under 17 years of age to be HIV/AIDS orphans in Burundi. It also noted the adoption of a National Strategic Plan (NSP) against HIV/AIDS for the 2014–17 period, establishing comprehensive care for OVC with medical assistance and educational support. The Committee requested the Government to continue its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour and to provide information on the results achieved through the implementation of the National Strategic Plan against HIV/AIDS for 2014–17.

The Government refers to various measures taken under the NSP against HIV/AIDS for 2014–17, including: (i) distribution of school materials to OVC; (ii) school monitoring of OVC; (iii) psychosocial support for OVC with particular problems; (iv) granting of health insurance cards to OVC households; and (v) establishment and strengthening of orphan protection committees. The Committee also notes the adoption of national guidelines for HIV prevention and treatment in Burundi in 2020 and a corresponding implementation plan. However, the Committee notes that, according to UNAIDS estimations for 2020, 71,000 children under 17 years of age are HIV/AIDS orphans, an increased estimation compared with 2017. Recalling that HIV/AIDS orphans are at an increased risk of engagement in the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that HIV/AIDS orphans and OVC are protected from the worst forms of child labour, particularly by continuing to provide them with assistance in accessing education and care. It requests the Government to provide information on the specific measures taken in this regard, particularly within the framework of the implementation plan for the national guidelines for HIV prevention and treatment in Burundi, and on the results achieved.

The Committee notes the Government’s report, received during the first half of 2020, as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also notes the observations of the Trade Union Confederation of Burundi (COSYBU), received in August 2019 and August 2020, concerning the matter addressed in the present comment, as well as the Government’s reply.

In its previous observations, the Committee had expressed the hope that the Government would make every effort to take the necessary steps, in the near future, to amend or repeal Legislative Decree No. 1/90 of 25 August 1967 on rural associations, which provides that, in the event of a public donation, the Minister of Agriculture may establish rural associations (section 1), membership of which is compulsory (section 3), and that the Minister determines their statutes (section 4), which, inter alia, oblige members to provide services for the common enterprise, pay a single or regular contribution, provide agricultural or livestock products and observe rules respecting cultural discipline and other matters (section 7), under penalty of the seizure of the member’s property (section 10). The Committee notes that the Government states in its report that the Legislative Decree is no longer taken into consideration and that it agrees that it needs to be amended or repealed. It notes the Government’s indication that steps will be taken to this effect in the near future. The Committee also notes that, in its observations, COSYBU asks the Government to accelerate the process to repeal the Legislative Decree, in consultation with the social partners. The Committee trusts that the necessary measures to amend or repeal Legislative Decree No. 1/90 of 25 August 1967 will be taken without delay and requests the Government to provide information on any developments in this respect.

The Committee notes with regret that the Government merely indicates in its report that the General Civil Service Regulations, which constitute a basic law designed to cover matters arising in the Committee’s comments, are still being revised. The Committee further notes that the observations made by COSYBU concern issues dealt with by the Committee as well as allegations relating to: (i) the suspension of trade union registration in the informal sector; and (ii) the unilateral imposition of minimum services in the event of a strike. It notes that the Government, in its response, indicates that the registration of informal sector unions will be resumed after the promulgation of its revised Labour Code. Recalling that workers in the informal economy have the right, without prior authorization, to form organizations of their own choosing, the Committee trusts that the revised Labour Code will be promulgated in the near future in order to give full effect to Article 2 of the Convention and requests the Government to provide information on any developments in this regard. It also requests the Government to respond to COSYBU's allegation concerning the unilateral imposition of minimum services in the event of a strike.

The Committee recalls that its previous comments referred to the need to amend Act No. 1/015 of 29 November 2002 on the exercise of the right to organize and the right to strike in the public service, and covered the following points:

Article 2 of the Convention. Minimum number of members required to establish a trade union. The requirement of a minimum of 50 members set out in section 8 of the Act is excessive.

Article 3. Minimum length of service for eligibility for trade union office. Section 10 of the Act requires a minimum length of service of three years in the occupation to be a trade union officer (the issue of a minimum service requirement for eligibility should be left to the discretion of organizations and their members).

Leadership dispute in a union. Section 7 of the Act provides that, in the event of a leadership dispute in a union, the Minister of the Public Service may refer the matter to the Administrative Chamber of the Supreme Court for settlement (the settlement of any internal dispute in a union should be left to the discretion of the union members themselves, without any intervention by the public authorities).

Lawfulness of a strike. Under section 30 of the Act, for a strike by public servants to be lawful, prior notification must be given specifying the length of the strike (this requirement limits the right of workers’ organizations to organize their administration and activities and to formulate their programmes in full freedom). Under section 31 of the Act, such a strike must be called by a group of public servants, whether or not they are unionized, after approval by an absolute majority of the personnel in the public service concerned (if a country deems it appropriate to require a vote by workers before a strike can be held, the requirement should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level).

Sympathy strikes. Section 39 of the Act provides that sympathy strikes are prohibited (in the Committee’s view, a general prohibition of sympathy strikes by public servants who do not exercise authority in the name of the State could lead to abuse).

Settlement of collective disputes. The procedure for the settlement of collective disputes established by sections 32–35 of the Act appears to result in a system of compulsory arbitration, with section 35 providing for the possibility for a party to unilaterally refer a dispute to the Administrative Court (recourse to compulsory arbitration to end a collective labour dispute or strike is only acceptable in certain circumstances, namely: (i) where agreed upon by both parties to the dispute; or (ii) where a strike may be restricted or prohibited, namely: (a) in disputes involving public servants exercising authority in the name of the State; (b) in disputes occurring in essential services in the strict sense of the term; or (c) in the event of an acute national crisis.

Article 5. The effect of section 21 of the Act in practice is that first-level organizations can only join central organizations or federations of unions of public servants, and not organizations representing other workers (such organizations should nevertheless be able to affiliate with federations and confederations of their own choosing in full freedom, including those which also group together organizations from the private sector).

The Committee notes that, in its response to the above-mentioned observations, the Government indicates that it is still studying ways and means of considering the revision of Law No. 1/015. The Committee once again recalls that the above matters have been the subject of its comments for many years, despite the fact that the Government has given an undertaking to amend Act No. 1/015 so as to bring it into conformity with the Convention. The Committee urges the Government to take the necessary measures to amend the above-mentioned Act in the very near future and requests the Government to report on all progress made in this respect. It reminds the Government that it may avail itself of the technical assistance of the Office, should it so wish.

The Committee takes note of the Government's report received in the first half of 2020 and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also notes the observations of the Trade Union Confederation of Burundi (COSYBU) received in August 2019 and August 2020 on the issues examined in the present comment, as well as the Government's response thereon.

Revised Labour Code. The Committee notes the Government’s indication that a revised Labour Code has been adopted by the National Assembly and the Senate but has not yet been promulgated. Because the text of this revised Labour Code has not been sent to the Office, the Committee is not in a position to assess its conformity with the Convention. The Committee requests the Government to provide a copy of the adopted Labour Code.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Public officials. In its previous comments, the Committee noted the absence of regulations concerning the exercise of the right to organize of magistrates, which was behind the difficulties experienced in the registration of the Trade Union of Magistrates of Burundi (SYMABU). The Committee notes the Government’s indication that magistrates in Burundi are subject to the Magistrates’ Regulations, which do not contain any legal provisions providing a basis for how magistrates might organize. The Government states that, in order to rectify this regulatory gap, the Minister of Justice is due to set up a committee to revise the regulations, incorporating provisions relating to the exercise of the right to organize. The Committee requests the Government to ensure that the above-mentioned committee is established in the near future, to keep it informed of all progress made on the revision of the Magistrates’ Regulations in order to ensure that judges enjoy the guarantees provided for by the Convention, and to send a copy of the revised regulations once they have been adopted.

Minors. The Committee previously raised the question of the conformity of section 271 of the Labour Code – which provides that minors under 18 years of age may not join a trade union of their own choosing without the explicit authorization of their parents or guardians – with the Convention. The Committee notes that the Government does not provide any information on this matter in its report. It also notes that COSYBU indicates in its observations that the above-mentioned section is still in force. The Committee recalls that it emphasizes the need to guarantee that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, can exercise their trade union rights without parental authorization (see the 2012 General Survey on the fundamental Conventions, paragraph 78). The Committee requests the Government to take all necessary steps to amend section 271 of the Labour Code as part of the revision thereof.

Article 3. Election of trade union officers. The Committee recalls that it previously requested the Government to amend section 275(3) of the Labour Code, which provides that persons shall be barred from trade union office if they have been sentenced to more than six months’ imprisonment without suspension of sentence, even if their conviction is for an act which does not call into question their integrity and implies no real risk for the performance of trade union duties. The Committee also requested the Government to amend section 275(4) of the Labour Code – which provides that trade union leaders must have belonged to the occupation or trade for at least one year – to make the legislation more flexible by allowing persons who had previously worked in the occupation to stand for office or by lifting this requirement for a reasonable proportion of trade union officers. The Committee welcomes the Government’s statement that it recognizes the need to lift the requirement of belonging to the occupation for a reasonable proportion of trade union officers and that it will hold tripartite discussions on this subject. The Committee also notes COSYBU’s indication that the Government has not yet responded to these issues. The Committee once again requests the Government to take all necessary steps to amend section 275(3) and (4) of the Labour Code as part of the revision thereof. Hoping that it will be in a position to observe progress in this regard in the near future, the Committee requests the Government to keep it informed of the results of tripartite discussions on the subject of belonging to the occupation and any follow-up measures adopted.

Right of organizations to organize their activities and to formulate their programmes in full freedom. Procedures for the exercise of the right to strike. The Committee previously urged the Government to adopt and send the text of the regulations implementing the Labour Code in relation to procedures for exercising the right to strike. It also requested the Government to amend section 213 of the Labour Code, which provides that strikes are lawful when they are called with the approval of a simple majority of the employees of the workplace or enterprise (if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level). The Committee also noted that a decree-law prohibiting the exercise of the right to strike and also the right to demonstrate throughout the national territory during election periods had still not been repealed following the elections (trade unions must be able to fully exercise their right to organize in full freedom without interference from the public authorities). The Committee notes that the Government does not provide any information on these issues in its report. It also notes that COSYBU, which indicates that the Government has still not responded, continues to call for the adoption of the regulations implementing the Labour Code in relation to procedures for exercising the right to strike. Recalling once again the importance of the right to strike for promoting and defending the interests of unionized workers, the Committee expects the Government to take the necessary steps in the near future to adopt and communicate the regulations implementing the Labour Code in relation to procedures for exercising the right to strike, to amend section 213 of the Labour Code and to repeal the above-mentioned decree-law.

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

The Committee notes the Government’s report received during the first half of 2020, as well as the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Trade Union Confederation of Burundi (COSYBU), received in August 2019 and August 2020, relating to various elements examined in the context of the present comment, and also the Government’s reply in this regard. The Committee notes that the observations of COSYBU also refer to the alleged discrimination arising from non-application of an arbitration award to workers belonging to the Union of Workers of the University of Burundi (STUB). The Committee requests the Government to send its comments on this matter.

Draft revised Labour Code. The Committee notes the Government’s indication that a draft revised Labour Code has been submitted to Parliament for adoption. The Committee requests the Government to provide information on any new developments regarding the draft revised Labour Code and to send a copy of it once it has been adopted.

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous comments, the Committee emphasized the non-dissuasive nature of the sanctions established by the Labour Code for acts of anti-union discrimination and interference and expressed the hope that the respective provisions would be amended as part of the revision of the Labour Code. The Committee notes the Government’s indication that effect is given to the principles protected by the Convention in sections 268 and 269 of the Labour Code and in sections 5 and 6 of Act No. 1/28 of 23 August 2006 issuing the General Civil Service Regulations. The Government also emphasizes that the protection of workers against dismissal features in the draft of the new Labour Code being drawn up. The Committee also notes that COSYBU in its observations: (i) calls for the adoption of additional measures to ensure the protection that is particularly necessary for trade union leaders; (ii) calls for the inclusion in the national legislation of specific provisions against acts of anti-union interference and discrimination, of quick appeal procedures, and of effective penalties that act as a deterrent; (iii) states that, in the security services and telecommunications sectors, trade union leaders are constantly victims of acts of intimidation leading to suspensions, dismissals and imprisonment; and (iv) in the education and health sectors, acts of interference are practised by certain supervisors in the administration, who either give their backing to trade unions or interfere in their management. The Committee recalls that the protection afforded to workers and trade union leaders against acts of anti-union discrimination and acts of interference is an essential aspect of freedom of association, as such acts may result in practice in a denial of freedom of association and of the guarantees laid down in Convention No. 87, and also consequently of collective bargaining (see the 2012 General Survey on the fundamental Conventions, paragraph 167). The Committee expects that the Government will take all the necessary steps to ensure adequate protection against all acts of anti-union discrimination and interference, whether it involves dismissals or any other prejudicial acts, especially by providing for quick appeal procedures and sufficiently dissuasive sanctions in the draft revised Labour Code being adopted, and requests the Government to provide information on any developments in the situation in this respect. The Committee also requests the Government to send its comments on the observations of COSYBU alleging acts of intimidation in the security services sector and acts of interference in the education and health sectors.

Article 4. Promotion of collective bargaining. In a previous comment, the Committee asked the Government to send its comments on an allegation from the International Trade Union Confederation (ITUC) that section 227 of the Labour Code enables the authorities to interfere in collective bargaining and section 224 of the Code authorizes collective agreements with non-unionized workers. The Committee notes that the Government has still not provided any reply in this regard and that COSYBU, in its observations of 2020, also calls for the two above-mentioned sections to be revised. The Committee once again requests the Government to send its comments on this subject and expresses the hope that the revised Labour Code will give full effect to Article 4 of the Convention.

The Committee previously asked the Government to provide information on the specific measures taken to promote collective bargaining, and to supply practical data on the status of collective bargaining in the country. The Committee notes the Government’s indication that it has facilitated and supported the setting up of social dialogue committees in the following branches of activity: health, education, transport, justice, agriculture, information and communication technologies, commerce, energy and mining, public works, agri-industry, security services, hotels and tourism, and art and handicrafts. It notes that these committees, whose task is to undertake social dialogue and launch collective negotiations, are bipartite and each composed of ten members (five employers and five workers) and are present in the 18 provinces of Burundi. The Committee also notes that the Government emphasizes that in the private sector certain enterprises have launched negotiations with representatives of the employees in the context of human resources management reforms. The Committee further notes that COSYBU: (i) states that since 2012 collective agreements have not been concluded in all sectors; (ii) denounces the suspension of bonuses and allowances linked to the economy which are established by the national inter-occupational collective agreement of 3 April 1980 regulating long-service bonuses; and (iii) asserts that an agreement signed with the Government on 23 February 2017 to re-establish the regulatory texts concerning the exercise of freedom of association and collective bargaining has still not been implemented. The Committee also notes the Government’s indication in its reply that it is currently examining ways and means to implement the agreement signed on 23 February 2017. Recalling that mutual respect for commitments made in collective agreements is an important element in the right of collective bargaining, the Committee requests the Government to provide information on any developments concerning the implementation of the agreement of 23 February 2017 and to respond to the allegations of COSYBU concerning the suspension of bonuses and allowances linked to the economy which are established by the national inter-occupational collective agreement of 3 April 1980. Also noting the divergent appraisals of the Government and COSYBU regarding the implementation in practice of the right to engage in collective bargaining, the Committee also requests the Government to continue providing information on measures to encourage and promote collective bargaining and their impact. The Committee further requests the Government to continue providing detailed information, including in the private sector, on collective agreements which have been concluded, the sectors concerned and the number of workers covered.

Articles 4 and 6. Right of collective bargaining for public servants not engaged in the administration of the State. In its previous comments, the Committee asked the Government to continue providing information on the measures taken or envisaged to ensure that organizations of public servants not engaged in the administration of the State have at their disposal mechanisms which allow them to bargain collectively on the terms and conditions of their employment, including wages. The Committee also asked the Government to provide information on any agreement on conditions of work and employment, including wages, concluded in the public sector. The Committee notes the Government’s indications that: (i) in the context of drawing up the national wage policy, the Ministry of Labour has set up a tripartite committee, which includes representatives of all public servants, including those not engaged in the administration of the State, to steer and give technical guidance to this work; (ii) the principal agreement concluded in the public sector is concerned with granting the wage adjustment allowance, it was signed at the end of 2015 and it came into force in 2018 for public servants not engaged in the administration of the State; and (iii) collective agreements covering more than 80 per cent of public servants have been concluded in the health, education and justice sectors. The Committee also notes that COSYBU asks: (i) for the committee on the drafting of the national wage policy to be given fresh impetus to finalize this policy; and (ii) for the relevant legal provisions to be amended so that organizations of public servants and public employers not engaged in the administration of the State can negotiate their pay and other conditions of work. Noting the divergent appraisals of the Government and COSYBU regarding the access of public servants not engaged in the administration of the State to the right of collective bargaining, the Committee requests the Government to provide detailed information on the measures taken to promote collective bargaining for this category of workers, including in the context of the national wage policy. The Committee also requests the Government to provide information on all collective agreements concluded in the public sector.

The Committee notes the observations from the Trade Union Confederation of Burundi (COSYBU), received on 26 November 2015 and reiterated each year, concerning teachers’ postings. The Committee also notes the Government’s responses, received in 2018 and on 7 November 2020.

Article 1(1)(b) of the Convention. Other grounds of discrimination. Real or perceived HIV status. In its previous comment the Committee asked the Government to provide information on any steps taken to combat discrimination and stigmatization in employment and occupation in relation to persons living with HIV as part of the implementation of the Strategic Plan or in any other form. The Committee notes the Government’s indication that workers living with, or perceived to be living with, HIV are protected from discrimination and stigmatization at work based on HIV status under section 6 of Act No. 1/28 of 23 August 2006 establishing the status of civil servants; and under Part IV of Act No. 1/018 of 12 May 2005 on establishing legal protection for people living with HIV and AIDS. The Committee notes with interest section 22(2) in fine of the new Constitution of 2018, which provides that “no person shall be subjected to discrimination as a result, inter alia, […] of living with HIV/AIDS or any incurable disease.” The Committee asks the Government to provide information on the application in practice of section 6 of Act No. 1/28 establishing the status of civil servants and of Part IV of Act No. 1/018, indicating in particular the activities undertaken to raise the awareness of workers, employers and their respective organizations, as well as labour inspectors and judges, to the legal framework protecting workers living, or perceived to be living with HIV against discrimination in employment and occupation.

Articles 1 and 2. Non-discrimination and equality of opportunity and treatment. Public service. Previously, the Committee requested the Government to provide information on the manner in which it ensures that recruitment in the public service is free of any discrimination based on political opinion, and to send comments in respect of the allegations that the COSYBU has been making for a number of years. The Committee notes the Government’s indication that the National Recruitment Commission includes representatives of teachers’ trade unions, and that aggrieved persons have been able to present their respective problems, and that common accord solutions between the parties have eventually been found.

In its previous comment, the Committee also requested the Government to provide information on the following points: (i) the composition of public sector personnel as established by the senatorial Commission of Inquiry, and the steps taken or contemplated to rectify any imbalance identified; (ii) any steps taken in this respect by the National Recruitment Commission, which has the task of ensuring that objective and equitable criteria are used and a balance achieved in public service recruitment; and (iii) the possible establishment of a 30 per cent quota for women at all levels of the hierarchy, and the results achieved. The Committee notes the Government’s indication that: (i) the report of the Commission of Inquiry is not yet available; (ii) the regular meetings of the National Recruitment Committee provide an opportunity to speak freely; and (iii) recruitment by competition after pre-selection guarantees objective and fair access to employment. With regard to quotas for women at all levels of the hierarchy, the Committee notes that the Constitution guarantees a quota of 30 per cent of women in government (section 128), in the National Assembly (section 169), in the Senate (section 185), and as magistrates (section 213). The Committee notes that in its national report on the implementation of the Beijing Declaration and Platform for Action (Beijing+25), the Government recognizes that, despite its efforts, it has failed to obtain parity in decision-making positions, and indicates that the Independent National Electoral Commission (CENI) is considering corrective measures with regard to parity in politics. The Committee requests the Government to indicate the practical steps taken or envisaged to achieve the objective of 30 per cent of women in posts of responsibility in government, the National Assembly, the Senate and as magistrates. The Committee also asks the Government to communicate the conclusions of the senatorial Commission of Inquiry’s review of the balances required under the Constitution in the public and semi-public administration, the State administration, decentralized and local services, and the commission’s recommendations aimed at making the administration representative of the nation of Burundi in all its diversity.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. In its previous comment, the Committee asked the Government to provide information on the activities of the Labour Inspectorate with regard to combating discrimination in employment and occupation and promoting equality of opportunity and treatment. The Government recalls the functions of the Labour Inspectorate, but provides no information on its activities. The Committee requests the Government to provide statistical information on the number and nature of infringements of the legislation on non-discrimination in respect of employment and occupation identified at the workplace and the penalties imposed, as well as information on the activities of the Labour Inspectorate in promoting equality of opportunity and treatment.

Institution responsible for human rights and equality issues. The Committee asked the Government to provide information on the implementation of the Independent National Human Rights Commission (CNIDH) Strategic Plan 2016–2020, indicating the steps taken or contemplated to combat discrimination and promote equality in employment and occupation both between men and women and also in relation to indigenous peoples, and to provide information on the results achieved. The Committee recalls that Act No. 1/04 of 5 January 2011 establishing the CNIDH, sets out its mission in respect of non-discrimination as “to contribute to the principles of equality and non-discrimination as they are enshrined in the Constitution” (section 5(6)). The Government indicates that, as part of the Strategic Plan 2016–2020, members of the CNIDH have participated in awareness-raising activities on the fight for human rights and the promotion of non-discrimination and equality. The Committee requests the Government to provide detailed information on the practical activities undertaken by the CNIDH, including those to promote non-discrimination in employment and occupation.

Statistics. The Committee recalls that the National Gender Policy provides for the production of data disaggregated by sex by the Institute of Statistics and Economic Studies of Burundi (ISTEEBU) and for the establishment of a gender information system in each sector of development. In its previous comment, it requested the Government to provide information on the setting up of such a system and to provide all available statistical data, disaggregated by sex, on the active population in the public and private sectors and on access for boys and girls to education and vocational training. With regard to available statistical data on the active population in the public and private sectors and on the access for boys and girls to education and vocational training, the Committee notes the Government’s indication that in 2016–2017, 1,168,668 girls and 1,621,430 boys were enrolled in school (pre-schooling, basic schooling, the fourth cycle of basic schooling, general and pedagogic post-basic schooling, and technical post-basic schooling A2). It also notes the data provided by the Government on the distribution of the employed active population, which show that 0.3 per cent of employed women work in in the formal private sector (0.9 percent of men), 95.6 per cent of employed women work in the informal private sector (91.2 per cent of men) and 1.5 per cent of employed women work in the public administration (3 per cent of men). Men represent 0.9 per cent of the active population in the formal private sector against 91.2 per cent in the informal private sector; 3 per cent in the public administration; 1.3 per cent in public or semi-public enterprises; and 3.5 per cent in households. The Committee also notes the information provided by the Government in its Beijing+25 report confirming the intention to establish sectoral gender units in public institutions, in line with the National Gender Policy five-year action plans. In practice, gender units act as observatories, monitoring the inclusion of gender in policy formulation, planning and implementation. However, the Government indicates that, although a legal framework is in place, the implementing texts are not explicit on gender issues. The legal framework is thus out of step with the practice of including gender in projects and programmes. It recognizes that this must be remedied when drafting future texts and that the other challenge before it relates to the funds available to the technical services’ mechanisms, as only the bodies specified in the legislation have resources allocated under the budget of the ISTEEBU. The Committee requests the Government to provide information on all progress in formally establishing information systems on gender in each of the development sectors, the challenges encountered and to provide updated statistical data available on the active population, disaggregated by sex.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex or gender Gender-based violence. In its previous comment, the Committee asked the Government to provide information on the following points: (1) the implementation and application in practice of Act No. 1/13 of 22 September 2016 concerning the prevention and suppression of gender-based violence and victim protection (hereinafter “the Act of 2016”), which defines and punishes, inter alia, gender-based violence (GBV), including sexual violence, sexual harassment, traditional gender-hostile practices and economic violence, which is defined as denying a spouse access to family resources or forbidding a spouse to work, indicating the number and type of cases of gender-based violence dealt with by the labour inspectorate and the courts, as well as the penalties imposed; (2) the steps taken or contemplated to inform and raise the awareness of employers, workers and their respective organizations, labour inspectors, judges and also the general public with regard to action against gender-based violence, including the steps taken to publicize the content of the Act of 2016; and (3) the activities of the Independent National Human Rights Commission (CNIDH) against gender-based violence in employment. The Committee notes from the Government’s report that: (1) the labour inspectorate has not identified any cases of gender-based violence in employment and occupation, but the courts dealt with 4,004 cases of gender-based violence between 2016 and September 2018, with penal servitude being imposed as a penalty; (2) the measures taken by the Government to raise awareness of the Act of 2016 include training of trainers at the Training Centre for Legal Personnel; the launching, by the Second Vice-President of the Republic, of an outreach campaign; the translation of the Act into the national language (Kirundi); raising the awareness of the different State services; broadcasting; community awareness-raising through community leaders and the Women’s National Forum; and (3) the CNIDH undertook a number of activities aimed at combating gender-based violence in employment. The Government adds that the CNIDH took part in activities led by various partners in the GBV field to hold exchanges with them, review their achievements and provide legal support. Finally, the Committee notes the Government’s intention to compile an inventory of laws that discriminate against women with a view to amending them in accordance with the Constitution and ratified international instruments, following the recommendations of the CNIDH. The Committee requests the Government to provide information on the progress achieved and to provide copies of the amended texts while conducting the inventory.

Sexual harassment. In its previous comment, the Committee requested the Government to: (1) examine the possibility of expanding the definition of sexual harassment by adding the notion of a hostile, offensive or humiliating work environment, and to specify the procedure to be followed and the penalties that apply in cases of sexual harassment, in the absence of any specific provision in that regard in the Act of 2016; and (2) provide information on the practical steps taken to prevent and eliminate sexual harassment in the public and private sectors, including measures designed to raise the awareness of employers, workers and their respective organizations with regard to the prevention and treatment of sexual harassment. The Committee notes the Government’s indication that the Gender Commission of the National Assembly, meeting to review progress in raising awareness of the Act of 2016 and to make recommendations, has suggested amending the Act in view of its lack of compliance with the new Penal Code and with the Gender Commission’s definition of sexual harassment. Regarding the procedure to be followed and penalties applied in cases of sexual harassment, the Government indicates that those are provided under section 586 of the Penal Code. Finally, in its Beijing+25 report, the Government adds that sexual harassment is included in the list of offences established in the Act of 2016, under section 61 of which all GBV offences cannot be amnestied and are imprescriptible with regard to both public action and the penalty imposed, which is irreducible and cannot be pardoned. The Committee hopes that the Government will take the opportunity provided by the revision of the Act of 2016 to complete the definition of sexual harassment by including the notion of a hostile, offensive or humiliating work environment and will provide information on the progress made in this regard. The Committee once again requests the Government to provide information on the practical steps taken to prevent and eliminate sexual harassment in the public and private sectors, including measures designed to raise the awareness of employers, workers and their respective organizations.

Article 2. Equality of opportunity and treatment for men and women. In its previous comment, the Committee asked the Government to provide information on: (1) the increase in the rate of school enrolment and vocational training of girls, (2) women’s access to productive resources and to employment, including to managerial posts in the public and private sectors; and (3) the adoption of a new national gender policy, replacing the one adopted in 2012, and to provide details on those sections relating to gender equality in employment and occupation.

With regard to the increase in the rate of school enrolment and vocational training of girls and women’s access to productive resources and employment, the Committee notes from the Government’s report, as well as from its Beijing+25 report, that the steps taken to increase the access of girls to primary and secondary school include: integrating the gender equity dimension in education into the National Development Plan 2018–27; the formulation of the Sectoral Plan for the Development of Education and Training (PSDEF) 2012–20; and the Transitional Plan for Education 2018–20 (PTE 2018–20), which was primarily aimed at basic education. The Committee also notes: the creation of a unit for inclusive education to take all vulnerable groups into account, such as persons with disabilities; the return to school of adolescent mothers; the 2018 launching of the “aunt/school and father/school” project to combat school drop-outs and unwanted pregnancies; the renewal of curricula and the eradication of gender stereotypes from text books and other scholastic tools; and the annual holding of the “Back to School” campaign. The school enrolment rate for girls stood at 87 per cent in 2018. Moreover, to encourage women and girls to take up sciences, engineering, technology and other disciplines, certificates were awarded to certain women and girls who excelled in the field of science during the celebration in February 2019 of International Day of Women and Girls in Science. With regard to women’s access to productive resources and employment, the Committee notes an empowerment project for women which sets up guarantee funds to help women obtain microcredits. The project is already operating in eight provinces (Cibitoke, Bubanza, Bururi, Makamba, Rutana, Karusi, Bujumbura Marie and Bujumbura).

The Committee also notes the adoption of the National Development Plan (PND) 2018–27, the new frame of reference for planning, which also takes account of different social policies, such as the National Gender Policy (PNG) and the 2017–2021 action plans for the PNG and for United Nations Security Council resolution No. 1325, which seek to encourage sectoral ministries to create gender units and to involve them in their sectoral planning and budgets to ensure effective ministerial programming and budgetary allocation for gender equity and equality. However, the Government indicates that it faces numerous challenges, including insufficient funds to implement the plans of action and the absence of coordination institutions. The Committee requests the Government to indicate the measures taken or envisaged to implement the action plans and the National Gender Policy.

Indigenous peoples. In its previous comment, the Committee urged the Government to take the necessary steps to: (1) ensure equal access for the Batwa people to education, vocational training and employment, including to enable them to exercise their traditional activities; (2) combat stereotypes and prejudice against this indigenous community; and (3) to promote tolerance among all sections of the population. The Committee also asked the Government to provide information on: (1) the impact of Act No. 1/07 of 15 July 2016 revising the Forestry Code, which provides that the rational and balanced management of forests is based, inter alia, on the principle of participation by the grassroots communities; and (2) the exercise of traditional activities by the Batwa on the land where they live. The Committee notes the Government’s indication that: (1) the cost of the schooling of Batwa pupils has been financed and that awareness-raising activities to encourage young Batwa to take up schooling have been carried out by various associations including Unite to Promote the Batwa (UNIPROBA); and (2) a secondary-level boarding school has been reserved exclusively for young Batwa (Gitega Province) and young Batwa have been helped to enter secondary education and university. The Government indicates that the measures taken to encourage adolescent mothers to return to school after pregnancy have not been welcomed by them. The Committee notes the information that young Batwa have received vocational training in car mechanics, carpentry, sewing, information technology, construction, etc. According to the Government, Act No. 1/07 of 15 July 2016 revising the Forestry Code has had a negative impact on the economic life of the Batwa people. They have lost an economic resource that enabled them to sell basketwork and traditional medicines based on wood and medicinal plants from the forest. Act No. 1/21 of 15 October 2013 issuing the Mining Code has also deprived the Batwa of access to clay to produce pottery to use or sell. To counter this problem, the Government has undertaken to mount forestry management projects in association with the Batwa people for the use of the forest under their control and subject to their permission. The Committee also notes that in its Beijing+25 report, the Government recognizes the Batwa community as the most marginalized group. It is for this reason that many legal, statutory and institutional mechanisms have been put in place so that the Batwa can participate fully in political, economic, social and cultural life and draw attention to their concerns. The Government refers, among the positive steps taken, to the distribution of land to the Batwa so that they can settle, and the training provided to Batwa community women from the Vyegwa locality, who are now able to build their own houses, or be employed on other construction sites. These training activities for Batwa women have also contributed to gender, social and sustainable development, by changing mentalities and improving social relations between the Batwa and other population groups, and by encouraging reflection on prejudice against the Batwa people. Taking into account the Government’s assessment of the impact of the Forestry and Mining Codes on the ability of the Batwa to continue to practice their traditional occupations, the Committee requests the Government to: (i) intensify its efforts to ensure that indigenous peoples have the right to practice their traditional activities and retain their means of subsistence without discrimination; and (ii) provide detailed information on the forestry management projects developed in association with the indigenous peoples concerned and on the lands attributed to the Batwa.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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

The Committee takes note of the Government’s report received in the first half of 2020, as well as the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations of the Trade Union Confederation of Burundi (COSYBU) received on 19 August 2019 and 14 August 2020 concerning the matters examined in the present comment.

The Committee had previously requested the Government to provide its comments on the observations made by the COSYBU, according to which the legislative texts relating to trade union representatives (the ordinance implementing the Labour Code) had not yet been adopted. In its previous comments, the Committee noted the Government’s indication that its comments would be taken into account in the context of the current revision of the Labour Code. The Committee notes the Government’s indication that the technical committee has completed its work and that a draft revised Labour Code is before Parliament pending adoption. It also notes the indication of the COSYBU that trade union organizations recommended to Parliament that certain sections be added to the draft Labour Code to ensure the protection of trade union representatives. The Committee expects that the draft revised Labour Code gives full effect to the provisions of the Convention. It requests the Government to provide information on any further developments regarding the current legislative process and to send a copy of the revised Labour Code, once it has been adopted.

The Committee notes the supplementary information provided by the Government in the light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examined the implementation of the Convention on the basis of the additional information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations formulated by the Trade Union Confederation of Burundi (COSYBU), received on 19 August 2019 and 14 August 2020.

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide a copy of the legislative, administrative or other provisions giving effect to the Convention, and particularly those governing the composition and operation of the National Social Dialogue Committee (CNDS) and the provincial social dialogue committees (CPDS), and to provide detailed information on the consultations held annually on the matters relating to international labour standards set out in Article 5(1) of the Convention. The Government refers to the National Social Dialogue Charter adopted by the tripartite constituents in 2011, which enumerates the tripartite consultation mechanisms and their operation. It indicates that the CNDS was established by Decree No. 100/132 of 21 May 2013 revising Decree No. 100/47 of 9 February 2012 on the establishment, composition and operation of the CNDS. The CNDS is composed of seven Government representatives, seven employers’ representatives and seven workers’ representatives. It is chaired by an independent person chosen by the social partners. The Committee notes that the CNDS meets once quarterly in ordinary session and whenever necessary in extraordinary session. It also notes that the consultations held by the CNDS can be on any theme relating to the world of work. In its additional information, the Government explains that effective consultations between the tripartite constituents on matters relating to ILO activities take place through the CNDS. It specifies that the CNDS, as a national tripartite dialogue body, has provincial branches throughout the country, the provincial social dialogue committees (CPDS) created by Ministerial Ordinance No. 570/1697 of 21 November 2017. The Committee notes that the members of the CPDS elect a tripartite bureau, consisting of a President, a Vice-President and a Secretary, that meets once monthly. Furthermore, the Government refers to the Sectoral Social Dialogue Committee (CDSB), the mechanism for consultations on sectoral issues, which is active in some sectors, such as health and education, whereas action is required to revitalize it in other sectors. In its observations, COSYBU underscores that, since the adoption of the National Social Dialogue Charter in 2011 and the establishment of these social dialogue structures, no international instrument has been ratified or adopted. COSYBU maintains that it continues to call for consultations on the ratification of unratified ILO Conventions, including the two governance Conventions not yet ratified by Burundi, namely, the Employment Policy Convention, 1964 (No.122) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In its previous comments, the Committee noted that these two Conventions were currently under examination by the Ministry of Public Service, Labour and Social Security. Furthermore, COSYBU indicates that it supports the motion before Parliament to adopt the following Recommendations: the Work in Fishing Recommendation, 2007 (No. 199); the HIV and AIDS Recommendation, 2010 (No. 200); the Domestic Workers Recommendation, 2011 (No. 201); the Social Protection Floors Recommendation, 2012 (No. 202); the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203); the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204); and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). COSYBU asks to be kept informed of the outcome of the motion before Parliament. The Committee observes that the Government has not provided information on the content and outcome of the tripartite consultations that took place in the above-mentioned tripartite consultation mechanisms. The Committee requests the Government to provide a copy of the legislative provisions governing the composition and operation of the CNDS, the CDSB and the CPDS. It further requests the Government to provide detailed and updated information on the number, distribution and state of operation of all of these mechanisms in the country. It requests the Government to provide detailed information on the frequency, content and outcome of the tripartite consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, including the consultations held to re-examine the prospects of ratification of unratified ILO Conventions, in particular those identified by the social partners, namely: the Social Security (Minimum Standards) Convention, 1952 (No. 102); the Employment Policy Convention, 1964 (No. 122); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Workers with Family Responsibilities Convention, 1981 (No. 156); the Maternity Protection Convention, 2000 (No. 183); the Domestic Workers Convention, 2011 (No. 189); and the Violence and Harassment Convention, 2019 (No. 190).

Article 4. Administrative support. The Committee notes the additional information provided by the Government further to its previous comments, in which it indicates that in fact there is no administrative support for consultation procedures, but that training is conducted on an occasional basis by trade union confederations and federations. The Committee recalls that under Article 4 of the Convention, the competent authority – the State – shall assume “responsibility for the administrative support of the procedures” relating to consultations and that this responsibility, as it noted in its General Survey of 2000, clearly encompasses responsibility for the financing that this entails. The Committee observes that Article 4(2) of the Convention concerns the financing of the measures that should be taken to provide appropriate training in order to enable those taking part in consultation procedures to carry out their functions effectively. The Committee hopes that the Government will take the necessary measures without further delay in order to fulfil its normal responsibilities. It requests the Government to keep the Office informed of any new developments in this regard.

COVID-19. The Committee notes that, in view of the COVID-19 pandemic, tripartite consultations on international labour standards may have been postponed. Against this background, the Committee recalls the guidance provided by international labour standards and encourages the Government to use tripartite consultations and social dialogue as a sound basis for the development and implementation of effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to provide, in its next report, updated information on any arrangements made in this regard, including with respect to measures taken to build the capacities of the tripartite constituents, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, and to improve national tripartite procedures and mechanisms. It further requests the Government to provide information on the challenges encountered and good practices identified with regard to the application of the Convention, during and after the pandemic.

Comments adopted by the CEACR: Burundi

Adopted by the CEACR in 2021

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C011 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C135 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Burundi

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Adopted by the CEACR in 2021

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C011 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C135 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)