Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 138) sur l'âge minimum, 1973 - Burundi (Ratification: 2000)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy. In its previous comments, the Committee asked the Government to take the necessary steps to combat child labour through the adoption of a national policy for the progressive abolition of child labour and the implementation of programmes of action for this purpose.

The Committee notes the Government’s indication in its report that a multisectoral technical committee for combating child labour had been established and had developed a National Child Protection Policy (2012–16). This policy comprised several main components, including: (i) laws, policies, standards and regulations; (ii) promotion of access to basic services for all children; and (iii) promotion of communication for the protection of children’s rights. The Committee requests that the Government provide information on the results achieved under its national policy for 2012–16. It also requests that the Government indicate whether a new national policy has been formulated in relation to combating child labour and to provide information in this respect.

Article 3(3). Admission to hazardous types of work from the age of 16 years. Referring to section 16 of Ordinance No. 630/1 of 5 January 1981 concerning child labour, the Committee previously asked the Government to take the necessary steps to ensure that young persons over 16 years of age who perform hazardous types of work have received adequate instruction in the relevant branch of activity and that their health, safety and morals are protected.

The Committee notes the Government’s indication that it expects to include modules on health, safety and morals in the vocational training programme. The Committee again observes that the national legislation does not contain the two conditions laid down by Article 3(3) of the Convention, namely that young persons from the age of 16 years may be authorized to carry out hazardous types of work on condition that their health, safety and morals are fully protected and that they have received in advance adequate specific instruction in the relevant branch of activity. The Committee therefore requests that the Government take the necessary steps, in law and in practice, to ensure that young persons over 16 years of age who carry out hazardous types of work have received adequate instruction in the relevant branch of activity and that their health, safety and morals are protected.

Article 6. Apprenticeships. In its previous comments, the Committee noted the Government’s indications that the issue of apprenticeships would be addressed in an implementing decree to be issued under section 151 of the Labour Code, at the proposal of the Minister of Labour after consulting the National Labour Council, and that it would specify the implementing procedures.

The Committee notes the Government’s indication that the implementing decree relating to apprenticeships has not yet been adopted. The Committee hopes that the implementing decree will be adopted soon. It requests that the Government send a copy of it, once it has been adopted.

Article 7(1) and (2). Admission to light work. In its previous comments, the Committee drew the Government’s attention to the incompatibility with the Convention of sections 5 and 6 of Ordinance No. 630/1 of 5 January 1981 concerning child labour, which allow children to perform light work from 12 years of age, whereas the Convention only allows it from 13 years of age. The Committee also noted that the Government had specified a minimum age of 16 years for admission to employment or work. It asked the Government to take the necessary steps to amend sections 5 and 6 of the Ordinance of 1981. The Committee further noted that section 7 of the Ordinance provides that the duration of light work may not exceed six hours a day, either during term time or during holidays. The Committee asked for further details on this point.

The Committee notes the Government’s indication that changes will be made during the revision of the Labour Code, which is in progress. The Committee hopes that, as part of the revision of the Labour Code, sections 5 and 6 of Ordinance No. 630/1 of 5 January 1981 concerning child labour will be amended so that no child under 13 years of age may be engaged in light work. Referring to section 7 of Ordinance No. 630/1, the Committee requests that the Government once again indicates the manner in which the school attendance of children working six hours per day is ensured.

Article 9(1). Penalties. In its previous comments, the Committee noted that a code of children’s rights and duties was being drafted and included provisions concerning child labour and the applicable penalties. This code would supplement the Labour Code and Ordinance No. 630/1 of 5 January 1981 concerning child labour, which were incomplete on the subject of penalties. It asked the Government to provide information on the progress made on the draft code.

The Committee notes the Government’s indication that the Code of Children’s Rights and Duties has been drawn up by the Ministry of Solidarity, Human Rights and Gender Rights and is currently being examined by the Ministry of Justice. The Committee hopes that the Code of Children’s Rights and Duties will be adopted in the near future and will establish appropriate and effective penalties for violations of the provisions relating to child labour. The Committee requests that the Government send a copy of the Code, once it has been adopted.