Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Burundi (Ratification: 1963)

Referring to its previous comments on the need to amend sections 340 and 341 of the Penal Code, pursuant to which, in the event of begging or vagrancy, a person may be placed at the Government’s disposal for a certain period and be forced to perform work in a prison institution, the Committee notes with satisfaction that the new Penal Code, adopted in 2009, no longer contains a provision criminalizing and penalizing begging and vagrancy.

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. For many years, the Committee drew the Government’s attention to the need to bring Legislative Decree No. 1/16 of 29 May 1979 – establishing the obligation to carry out community development work under penalty of sanctions (one month of penal labour performed on one half day a week) – in conformity with the Convention. The Government previously indicated that this Legislative Decree had been repealed and that Act No. 1/016 of 20 April 2005 organizing municipal administration provided for voluntary participation in municipal development activities within the framework of national reconstruction.

In its previous observation, however, the Committee pointed out that the Act of 2005 did not explicitly provide for the voluntary nature of this work. The Act specifies that, with a view to promoting the economic and social development of municipalities – not only on an individual but also on a collective and unified basis – municipalities may cooperate through a system of inter-municipality. It also states that it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. A regulatory text determines the organization, mechanisms and rules of procedure of inter-municipality. The Committee therefore requested the Government to indicate whether the text implementing the Act organizing municipal administration had been adopted and to provide information on the type and duration of the community work carried out and the number of persons concerned. It also asked the Government to specify whether persons who evade community labour are liable to penalties.

The Committee notes that, in its last report, the Government confirms that Decree No. 1/16 of 1979 has been replaced by the Act organizing municipal administration of 2005 and that the latter does not provide for penalties to be imposed on persons who fail to carry out community work. The Committee also notes that the Government has not made any comment on the observations sent in 2008 by the Trade Union Confederation of Burundi (COSYBU), stating that community work is decided upon without popular consultation and that the Government bans the movement of persons throughout the duration of this work.

The Committee notes that, although the principle of community work has been upheld in the 2005 Act organizing municipal administration, the rules for participation in this work do not seem to have been established under the legislation because, on the one hand, no text implementing the Act has been adopted and, on the other hand, according to the Government, the Decree of 1979 has been repealed. The Committee points out however that, according to information available on the Internet site of the Government and the National Assembly, community work seems to be organized on a weekly basis and includes work of reforestation, cleaning and the construction of economic and social infrastructure such as schools, colleges and health centres. Taking into account this information, the observations from the COSYBU and the legal void apparently existent with respect to the conditions for organization and participation in community work, the Committee requests the Government to take the necessary steps to adopt the text applying the Act of 2005 and that this text will explicitly refer to the voluntary nature of participation in this work.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring a number of texts providing for the compulsory participation in certain types of agricultural work into line with the Convention. It had stressed the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas of fruit crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979), as well as the need to formally repeal certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). In its last report, the Government indicates that these texts, which dated from the colonial period, have been repealed, and that the voluntary nature of agriculture work has now been set out in the legislation. The Committee takes due note of this information and requests the Government to send a copy of the texts that repeal the abovementioned legislation and set out the voluntary nature of agricultural work.

The Committee is raising other points in a request that it is addressed directly to the Government.