Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Possibility for the recipients of a fellowship to leave their service of employment within a reasonable period. For many years, the Government has been drawing the Government’s attention to the need to amend section 28 of Decree No. 100/003 of 3 January 1990 on fellowships and traineeships, under which the recipient of a fellowship is obliged to undertake to serve the Government for a period of ten years. The Committee recalls that the obligation of service linked to training must be guided by a criteria of proportionality. In the absence of a reply from the Government to its previous request, the Committee trusts that the Government will provide, in its next report, information on the measures taken to allow persons who have received a fellowship or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following the reimbursement of the costs incurred by the State.

2. Conditions governing the resignation of military personnel. In its previous comments, the Committee took note of the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force, respectively. It noted that officers or non-commissioned officers may end their careers when they provide written notification of their intention to leave the national defence force and their resignation is accepted by the competent authority (section 68 of Act No. 1/15 and sections 63, 64 and 65 of Act No. 1/16). As regards privates, who are hired for a duration of 12 years, renewable by six-year periods, their request must also be accepted by the General Chief of Staff (section 40h) of Act No. 1/17. Noting that the Government has not provided any information on the conditions of resignation of military personnel, the Committee requests the Government once again to provide information on the application of the abovementioned provisions, stipulating whether requests for resignation by these members of the military staff may, in practice, be refused or delayed and, if so, to specify the reasons for these refusals or delays.

The Committee also requests the Government to indicate whether Presidential Decrees Nos 1/106 of 25 October 1967 and 1/111 of 10 November 1967, concerning the status of non-commissioned officers in the armed forces and the status of officers, respectively, have been automatically repealed by the abovementioned Acts Nos 1/15 and 1/16.

3. Trafficking in persons. The Committee notes that the Penal Code, adopted in 2009, contains sections devoted to smuggling and trafficking in persons (sections 242 and 243 of Act No. 1/05 of 22 April 2009 revising the Penal Code). Henceforth, anyone concluding an agreement to dispose of the freedom of another person may be sentenced to five to ten years’ imprisonment. Persons who conclude such an agreement for purposes of sexual or domestic exploitation of the victim (section 242), are also liable to the same prison sentences; the same rule applies to persons who have brought into Burundi or let out of the country any individuals involved in the abovementioned agreement. The Committee considers that the adoption of these provisions constitutes an important first step in the fight against trafficking in persons. It notes however that the basic components of this crime are narrowly defined and do not seem to cover trafficking in persons for the purpose of labour exploitation in general. The Committee also notes in this respect that the new Penal Code does not contain any provisions incriminating or penalizing the use of forced labour. The Committee requests the Government to provide information on the legal procedures initiated on the basis of section 242 of the Penal Code, specifying the facts that give rise to the proceedings and the penalties imposed on perpetrators. The Committee also asks the Government to provide information on the measures taken to prevent, prosecute and punish trafficking in persons both for purposes of sexual exploitation and labour exploitation, and on the difficulties encountered by the authorities in these areas.

Article 2(2)(c). Community work. The Committee notes that the Penal Code provides for, among its main penalties, the penalty of community work (section 53 and onwards). Under these provisions, any person found guilty of a crime or offence may be punished with a sanction to carry out unpaid work for a public legal entity or association authorized to carry out community work. The duration of this work may not exceed 720 hours, and the nature of and rules for carrying out this community work are specified in the sentence. The Committee asks the Government to indicate whether the sentence of community work may be issued without the consent of the person sentenced. The Government is asked to provide the list of associations authorized to implement community projects, as well as examples of the type of work carried out.