Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

The Committee notes the provisions of the Constitution of 18 March 2005, particularly those which establish the freedom of expression, freedom of religious practice, thought, conscience and opinion (section 31), the freedom of assembly and association (section 32), the right to found trade unions and become member thereof and the right to strike (section 37), the multiparty system (section 75) and the freedom to establish political parties in accordance with the law (sections 76 and 85).

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. For a number of years, the Committee has noted the possibility referred to by the Government in its successive reports of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made several years ago, (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that, under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee also notes that the Government, in its last report, refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report. Finally, referring to its direct request on the application of Convention No. 29, the Committee would be grateful if the Government would supply a copy of the new Penal Code, once it has been adopted.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. Any person who has put forward grounds which are deemed admissible by the competent authority may be exempted from the performance of civic service (section 3). The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of person required to attend them (section 6). The President of the Republic designates the competent authority for each training session. The competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8).The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. In addition, it notes the letter from the Minister for National Defence to the Minister for National Education, dated 27 August 2002, containing the information that the 2002–03 edition of compulsory civic service in the area of national defence would not take place. Finally, the Committee notes the information supplied by the Government in its report to the effect that civic service has been discontinued since 2002. Recalling that the abovementioned provisions of the Convention prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee requests the Government to indicate the legislative provisions under which compulsory civic service has been discontinued. It requests it to indicate whether the abovementioned provisions of the national legislation have been formally repealed and, if so, to send a copy of the relevant texts.

Article 1(d). Penalties for participation in strikes. In its previous direct request, the Committee noted that, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) indicated that a number of trade union leaders had been imprisoned for initiating strikes. The Committee notes that, in its latest comments on Convention No. 87, the ITUC once again refers to the arrest of trade union leaders following strikes. Since the Government has not provided any information in reply to its last direct request on this point, the Committee requests it once again to indicate the legislative provisions on the basis of which these persons have been imprisoned and, if applicable, to send copies of the corresponding court decisions.

Request for legislation. The Committee notes that Act No. 1/015 of 20 April 2005 issuing the Electoral Code, forwarded by the Government as an attachment to its report on the application of Convention No. 29, refers in its citation section to Act No. 1/006 of 26 June 2003 establishing the structure and functioning of political parties and Legislative Decree No. 1/006 of 21 March 1997 governing the press in Burundi. The Committee would be grateful if the Government would supply a copy of these texts with its next report.