Worst Forms of Child Labour Convention, 1999 (No. 182) - Burundi (Ratification: 2002)

Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

A Government representative stated that the problem of forced recruitment of children for use in armed conflicts no longer existed because of the transformation of the last remaining rebel movement into a political party, the National Liberation Front (FNL). All child soldiers had been demobilized and returned to their families, but they still suffered the same fate as the other children in terms of satisfaction of their needs. As for the use, procuring or offering of children for prostitution, the juvenile police had taken steps to discourage this phenomenon. He recalled that prostitution was not permitted by the legislation, not even for adults. As for the use, procuring and offering of children for illegal activities involving street children, beggars or sexual exploitation, in September 2009 the Government had adopted a national action plan for the period 2010–2015, to eliminate the worst forms of child labour. That plan consisted of six activities: strengthening legislation in order to prevent and protect children from the worst forms of child labour; promoting awareness about child labour and its worst forms; building the capacity of institutions and stakeholders; promoting education for all by 2015; supporting underprivileged families through the rehabilitation and social-economic integration of youth; and coordination and management of the said plan. He further recalled that the country had a policy of universal education guaranteeing free access to primary education. However, the challenge remained of overcrowded schools with classes of more than 100 pupils. Despite the Government’s strong political will to solve these problems, the country suffered from extreme poverty, from which children were not spared. Only the combined and continuous effort of the Government and the international community to combat poverty would make it possible to achieve the Millennium Development Goals and prevent and protect children against the worst forms of child labour.

The Employer members indicated that, in the context of the forthcoming 20th anniversary of the IPEC programme, according to the Report of the Director-General, progress in sub-Saharan Africa on the elimination of child labour had slowed down, which was a disappointment. Convention No. 182 required the commitment of all ratifying countries to adopt effective and time-bound measures to bring an end to the most extreme and abhorrent forms of work involving the most vulnerable and defenceless persons. These abuses must not be tolerated by the international community, even though they occurred in complex situations that were difficult to eradicate: States party to the Convention had undertaken to address them on a priority basis.

Burundi was a country that had suffered armed conflict, which had weakened its economy and institutions and had resulted in the use of children in armed conflict, including for prostitution and spying. Burundi would not be able to resolve the situation on its own, despite the Peace and Reconciliation Agreement. Assistance was therefore required from international organizations, such as the United Nations (UN), the ILO and the United Nations Children’s Fund (UNICEF), and through international cooperation.

The reports referred to by the Committee of Experts described the use of thousands of children in armed conflict in recent years, of whom a significant number had been demobilized as a result of the United Nations programme (3,015 children), the IPEC Programme (1,442 children) and the national structure established by the Government of Burundi (1,932 children).

The low rate of school attendance facilitated the exposure of children to exploitation. Despite the progress made, serious problems remained, including the persistence of impunity in cases of serious violations, such as murder, mutilation, sexual violence and the use of children by armed movements, as well as child prostitution and the exposure of children to the risks outlined above as a result of their engagement in begging. They deplored the fact that the Government had failed to provide the last report and encouraged it to send further information to demonstrate the level of its commitment to the eradication of the problem and to continued dialogue with the Committee of Experts.

The Worker members stated that, in spite of the Government’s ratification of Convention No. 182 in 2002, the Committee of Experts received the first report only in 2008. Since then no new information had been sent on the issues repeatedly raised by the Committee of Experts. These questions referred to three situations concerning the worst forms of child labour prohibited by the Convention. The first was the forced recruitment of children for use in armed conflict: the data received by the Committee of Experts through the Committee on the Rights of the Child, the International Trade Union Confederation (ITUC) and the Confederation of Burundi Trade Unions (COSYBU) confirmed that a large number of children were used by the armed forces, either as soldiers or as helpers, in camps or as intelligence officers. In addition, there was evidence that many children were used by the opposition armed forces for sexual purposes. According to the Government, the recruitment of children for armed conflict was a phenomenon that had not existed since the Arusha Peace and Reconciliation Agreement of 2000 and the Comprehensive Ceasefire Agreement signed with the Conseil national pour la défense de la démocratie – Forces pour la défense de démocratie (CNDD–FDD) of Pierre Nkurunzizal. However, in a 2006 report on the situation of children in armed conflict in Burundi, the United Nations Secretary-General indicated that, despite some cases of progress in this area, serious violations of children’s rights persisted and were still not subject to criminal investigations or sanctions from the competent authorities. Authorities had not yet adopted national legislation to criminalize the recruitment and use of child soldiers. Furthermore, Burundi’s Penal Code did not comply with the Convention as concerned the age for enrolment in armed conflict: the Criminal Code provided that the recruitment of children under 16 years was a war crime, whereas this prohibition should apply to persons under 18 years of age. The reintegration of child soldiers into society constituted another important problem. In 2008, the Ministry of National Solidarity, Human Rights and Gender signed a Memorandum of Understanding with the National Commission for Demobilization, Reinsertion and Reintegration for the establishment of outreach programmes on this issue; it was crucial to have more information on the impact of these programmes for the prevention and reintegration of child soldiers. In this respect they underscored the importance of free basic education and vocational training for the successful reintegration of these children.

The second situation of the worst forms of child labour concerned children working in prostitution. The Government stated in its 2008 report that, although it did not deny the existence of child prostitution in certain areas, this phenomenon had been eradicated and those responsible punished. The UN report, however, attested to the contrary and indicated that more and more children were victims of sexual violence. As the Penal Code of Burundi clearly punished the use, procuring or offering of children for prostitution, however, the problem rested not with the legislation but rather its implementation in practice.

The last situation relating to the worst forms of child labour concerned the use, procuring and offering of children for illicit activities. The COSYBU and the United Nations Secretary-General had reported on the situation of children aged 3–10 years living in the street and engaged in begging; these children were very vulnerable and may be used or engaged in armed conflict or any other illegal activity. They concluded by expressing their concern over this growing phenomenon and asked the Government to adopt legislation banning the use, procuring or offering of children for illicit activities and to provide sanctions to that end, without neglecting the rehabilitation and social integration of these children.

The Worker member of Burundi stated that the COSYBU endorsed the comments of the Committee of Experts and the concern of the international community regarding the issue of the worst forms of child labour. Other worst forms of child labour, such as begging, street trade and child prostitution, continued to increase. They were linked in large part to the phenomenon of poverty, which affected most of the population. The Government needed to seriously combat this phenomenon by providing better management of public resources and guaranteeing stable employment for parents who, lacking any means of subsistence, had stopped sending their children to school, married off their daughters at a young age and left their children to begging. The various forms of violence suffered by children were also linked to both administrative and cultural obstacles. As for administrative obstacles, most criminals escaped punishment due not only to a lack of means but above all because of the phenomenon of corruption that marred the judicial system. Because of their culture, the victims of those crimes often did not dare denounce the perpetrators due to severe social pressure and because they were often trivialized and rejected. The COSYBU recognized that the Penal Code had been revised, but it deplored the serious failure to apply its provisions. She also noted that the National Plan of Action for 2010–15 had been adopted, but feared that, as with previous plans, it would not be effectively implemented. It was, therefore, important to assist the Government in implementing that plan and monitoring its implementation at the national level. She stressed that the COSYBU would continue to submit all the information required to the Committee of Experts in order to keep the Committee informed of the labour situation involving children in Burundi.

The Worker member of Senegal observed that, while nothing could justify the perpetuation of violations of the Convention, the worst forms of child labour and their attendant tragedies persisted. The Government’s declared intentions were meaningless, even if the recruitment of children in armed conflicts appeared to have declined, and it was for the Government to address the problems of the recruitment and procurement of children for prostitution, as highlighted in a UN report of 2006, to which more and more children were victim. He stated that the phenomenon of street children demonstrated the inadequacy of government action to protect the young, as well as the absence of legislation on begging and accurate statistical data on child labour. According to the information available, about 20 per cent of children aged 5–14 years were engaged in paid employment, while half were involved in non-paid labour outside of the family. Child domestic labour was also a poorly documented phenomenon that was, nevertheless, extensive and mainly concerned children from rural areas. These children were among the most vulnerable, as they were entirely and at all hours subject to the whims of their employers. He concluded by stating that the Government must therefore guarantee its commitment to ending the scourge of the worst forms of child labour and the attendant human tragedies.

The Government representative indicated that the phenomenon of child soldiers no longer existed and that, as concerned children who were or had been employed in the worst forms of child labour, the crucial challenge to their reintegration was, in essence, the fight against poverty. In this regard, he stated that in so far as the Government possessed international obligations, it must not be forgotten that the first objective of development was the struggle against poverty, a long-term battle that would eventually resolve the problems associated with the worst forms of child labour. The implementation of the legislation and national action plan recently adopted required resources and a tripartite partnership at the national level. He added that additional efforts would be made by the Government to regulate the various forms of informal work, including domestic work, and concluded by reiterating his Government’s commitment to providing the additional information requested by the Committee of Experts.

The Employer members welcomed the information provided by the Government representative and supported the National Plan of Action. They also agreed that there was a link between child labour and poverty and that there was a need for steady progress. The focus should be on three points: (1) the importance of giving priority to the worst forms of child labour; (2) the pursuit of dialogue with the Committee of Experts, involving detailed information along with cooperation and technical assistance; and (3) the stepping up of activities aimed at demobilizing and reintegrating child soldiers, tackling the problem of child prostitution, prosecuting and punishing those guilty of breaking the law, and resolving the problem of child beggars, who were engaged in one of the worst forms of child labour. In conclusion, they stressed the responsibility of the international community in this area.

The Worker members pointed out that with regard to legal matters, it was necessary for the Government to take action to modify the Penal Code to expressly prohibit the recruitment of children under 18 for use in armed conflict and to inform the Committee of Experts accordingly. In terms of application in practice, the use of children in the worst forms of labour still occurred. The situation of child soldiers was very worrying, and it was fortunate that there was currently no such recruitment for armed conflict, thanks in particular to collaboration with the United Nations and IPEC, which had enabled the children concerned to be reintegrated. Efforts in that regard should continue, and the Government should renew its contact with IPEC with a view to putting the necessary reception structures in place. In addition, the Government should take the necessary steps to eliminate the phenomena of children being used for prostitution and of street children, who were particularly vulnerable to illicit activities. In that regard, it was vital for such children to receive proper schooling and to be reintegrated into society. They concluded by observing that the recently adopted national action plan to eliminate the worst forms of child labour needed to be implemented, and that the Government should provide information in that regard to the Committee of Experts in its next report on the application of the Convention.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted that the report of the Committee of Experts referred to comments from the ITUC and the Confederation of Burundi Trade Unions relating to the forced recruitment of children for use in armed conflict, the commercial sexual exploitation of children and street children.

The Committee took note of the information provided by the Government outlining the action programmes established with the assistance of ILO–IPEC to provide for the removal, rehabilitation and social integration of former child soldiers. The Committee also noted the information provided by the Government concerning the Action Plan to Combat the Worst Forms of Child Labour 2010–15, which had been adopted in September 2009 with the assistance of ILO–IPEC. The Committee further noted the information provided by the Government representative highlighting that the worst forms of child labour were the result of poverty, exclusion and underdevelopment. Finally, the Government representative expressed his country’s willingness to continue its efforts to eradicate violations of Convention No. 182 with ILO technical assistance and cooperation.

The Committee noted that there was no longer in practice the forced recruitment of children under 18 years by armed groups and the rebel forces and that all child soldiers had been demobilized. It nevertheless urged the Government to ensure that the perpetrators of these egregious crimes were prosecuted and that sufficiently effective and dissuasive penalties were imposed in practice. The Committee called on the Government to continue to take effective and time-bound measures for the reintegration of children formerly involved in armed conflict.

The Committee noted that although the law prohibited the commercial sexual exploitation of children, it remained an issue of serious concern in practice. The Committee accordingly called on the Government to redouble its efforts and take, without delay, immediate and effective measures to eliminate the commercial sexual exploitation of children under 18 years in practice and to ensure that persons who infringed the Convention were prosecuted and that sufficiently effective and dissuasive sanctions were imposed. The Committee also requested the Government to supply detailed information in its report when it was next due on effective and time-bound measures taken to provide for the rehabilitation and social integration of former child victims of commercial sexual exploitation, in conformity with Article 7(2) of the Convention.

The Committee noted with serious concern that the number of children working on the streets remained high and that these children were exposed to various forms of exploitation. The Committee stressed that the engagement of children in hazardous work and begging on the streets constituted the worst forms of child labour and that, by virtue of Article 1 of the Convention, the Government was required to take immediate measures to prohibit and eliminate the worst forms of child labour, as a matter of urgency. It therefore urged the Government to take the necessary measures in national legislation to prohibit the engagement of children in hazardous work and begging on the streets. It also strongly urged the Government to take effective and time-bound measures to remove children undertaking work on the streets, and to provide for their rehabilitation and social integration.

Underlining that education contributed to combating the worst forms of child labour, the Committee strongly encouraged the Government to provide access to free basic education for all children, particularly children removed from armed conflict, former child victims of commercial sexual exploitation and street children.

Moreover, the Committee called on ILO member States to provide assistance to the Government of Burundi in line with Article 8 of the Convention, with special priority on facilitating free basic and quality education and vocational training.

Finally, the Committee requested the Government to provide detailed information, in its report to the Committee of Experts for its forthcoming session, on the implementation of the Action Plan to Combat the Worst Forms of Child Labour 2010–15 and the results achieved. It also requested the Government to provide detailed and accurate information on the nature, extent and trends of the worst forms of child labour in Burundi. Furthermore, the Committee requested the Government to supply detailed information on the measures to ensure the effective implementation and enforcement of the provisions giving effect to Convention No. 182. That information should include data on infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Committee requested the Office to provide technical assistance to the Government as requested by it to enable it to implement its obligations under the Convention.

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

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.

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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. In its previous comments, the Committee noted Ordinance No. 630/1 of 5 January 1981 concerning child labour, which prohibited night work by children under 18 years of age, work that may exceed their strength, hazardous or unhealthy types of work, and work of an immoral nature, and contained a detailed list of types of activities prohibited for children. However, the Committee observed that this prohibition did not apply to children who were not in a contractual employment relationship, and that children were subjected to work which exceeded their strength and they received very low pay in many households. In this regard, the Government indicated that it had already set in motion a process to eradicate the worst forms of child labour in the informal economy, that the list of hazardous types of work and worst forms of child labour was to be updated in the context of the National Action Plan 2010–15 for the elimination of the worst forms of child labour, and that the new texts would include provisions relating to child labour in the informal economy.

The Committee notes that the Government provides in its report a detailed list of hazardous types of work prohibited for children under 18 years of age, as part of the implementation of the National Action Plan. The Government also indicates that the Child Protection Code is being drawn up. The Committee requests the Government to indicate under which provisions the list of hazardous types of work prohibited for children under 18 years of age has been updated. The Committee expresses the firm hope that the draft Child Protection Code will be adopted as soon as possible and that its provisions will incorporate protection of children engaged in hazardous work in the informal economy. It requests the Government to send a copy of the Code when it has been adopted.

Articles 5 and 6. Monitoring mechanisms and programmes of action. In its previous comments, the Committee noted that there was no specific inspection service for child labour in Burundi and that the number of labour inspectors was insufficient in view of the prevalence of child labour in the country. The Committee asked the Government to provide information on the results achieved through the implementation of the National Action Plan with regard to strengthening the capacities of law enforcement bodies in relation to the worst forms of child labour, including in the informal economy.

The Committee notes the Government’s indication that the lack of financial resources prevents the effective reinforcement of the capacities of bodies responsible for law enforcement relating to the worst forms of child labour in the informal economy. Moreover, the Committee notes that the Government, in its 2017 report on the Labour Inspection Convention, 1947 (No. 81), indicates that 11 labour inspectors are responsible for the enforcement of laws and regulations and that three inspectors are responsible for the collection of labour statistics. The Committee recalls that monitoring mechanisms are essential for the application of the provisions of the relevant legislation. The Committee 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, including in the informal economy.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that the National Strategic Plan against HIV/AIDS for the 2007–11 period (2007–11 National Strategic Plan) provided support for the schooling of over 90,000 orphans and vulnerable children (OVCs). However, the Committee noted that, according to estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS) for 2009, some 200,000 children were HIV/AIDS orphans in Burundi. According to UNAIDS estimates for 2015, there were 69,000 HIV/AIDS orphans under 17 years of age in Burundi. The Committee asked the Government to provide information on the results achieved through the implementation of the 2007–11 National Strategic Plan, including the number of HIV/AIDS orphans who had been enrolled in school.

The Committee notes the Government’s indications that the 2007–11 National Strategic Plan established support activities for orphans to prevent their engagement in the worst forms of child labour, providing educational support for 91,572 OVCs and medical assistance for 24,878 children living with AIDS. The Committee notes that, in a speech of 12 July 2018, the First Lady of Burundi observed that, even though the national rate for persons living with AIDS stands at 0.9 per cent, it is 3.6 per cent in Bujumbura Mairie, with girls in the 15–24 age group particularly affected. The Committee also notes that for 2017, UNAIDS estimated 52,000 children under 17 years of age to be HIV/AIDS orphans in Burundi. The Government has adopted a new National Strategic Plan against HIV/AIDS for the 2014–17 period, which establishes comprehensive care for OVCs with medical assistance and educational support. The Committee requests the Government to continue its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. It also requests the Government to provide information on the results achieved through the implementation of the National Strategic Plan against HIV/AIDS for 2014–17.

2. Street children. In its previous comments, the Committee noted the Government’s indication that the Ministry of Labour had collaborated with national and international non-governmental organizations (NGOs) to remove children from the streets and socially and economically integrate them, including as part of the “Enfants Soleil” project of the Ministry of National Solidarity, Personal Rights and Gender. It also noted that two centres for the rehabilitation of children were opened in Ruyigi and Rumonge in 2015, and that the Government had drawn up an Action Plan for 2014–16 as part of the National Strategy for preventing and combating the phenomenon of street children (National Strategy).

The Committee notes the Government’s indications that the National Strategy has enabled cooperation between parties involved in child protection to promote the socio-economic reintegration of these children. The Government also indicates that additional rehabilitation centres have been established in Ngozi, particularly for girls. However, in its report, the Government presents these rehabilitation centres as prisons specifically for children. The Committee notes that in the report of the Office of the United Nations High Commissioner for Human Rights of November 2017, the Human Rights Council observed that the Office of the United Nations High Commissioner for Refugees (UNHCR) expressed concern at the systematic practice of police round-ups targeting street children, leading to the detention of the minors and their forced return to their supposed areas of origin. The UNHCR recommended that the Government convert the current practices of police control and repression against street children into a prevention and protection response system (A/HRC/WG.6/29/BDI/2, paragraph 55). The Committee recalls that children living in the streets are particularly at risk from the worst forms of child labour. The Committee requests the Government to take specific measures to protect adequately children living in the streets against exploitation and to ensure their rehabilitation and social integration. It once again requests the Government to provide information on the results achieved through the adoption of the National Strategy and the related Action Plan for 2014–16 for preventing and combating the phenomenon of children in street situations.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Particular situation of girls. The Committee notes that UNESCO (in its contribution to the Universal Periodic Review of January–February 2018) and the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), while welcoming the measures in place to increase the enrolment of girls in school, highlight the fact that the drop-out rate for girls at the secondary level is extremely high and call on the Government to continue its efforts to ensure education for girls (CEDAW/C/BDI/CO/5-6, paragraph 34). The Committee also notes that CEDAW, in its concluding observations, deplores the lack of protection of domestic workers from exploitation and sexual abuse and the fact that girls continue to be exploited, especially in domestic work (CEDAW/C/BDI/CO/5-6, paragraph 36). The Committee recalls that education contributes to preventing and combating the engagement of children in the worst forms of child labour. The Committee requests the Government to take effective and time-bound measures to prevent the exploitation of girls in domestic work. In this regard, it requests the Government to take the necessary steps to improve the functioning of the education system, including by increasing the rate of enrolment and the rate of completion in secondary education for girls.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted the adoption of 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), which establishes penalties of 15–20 years’ imprisonment for the trafficking of children. It noted that, according to the March 2017 UNICEF report on the humanitarian situation in Burundi, the Anti-Trafficking Act was not being fully or effectively applied in practice.

The Committee notes the Government’s indications in its report that in 2017 women and children were victims of trafficking to Oman, Saudi Arabia and Kuwait. The Government states that the statistics of the National Observatory for Combating Organized Crime indicate a total of 312 girls who were transported to Oman and Saudi Arabia. The Government indicates that difficulties relating to the collection of up-to-date statistics on child victims of trafficking include a lack of regular exchanges of information with civil society organizations in Burundi. Offences recorded cover trafficking for economic and sexual exploitation. The Government indicates that, under section 10 of the Anti-Trafficking Act, the crime of trafficking incurs the penalty of five to ten years’ penal servitude and a fine of 100,000–500,000 Burundian francs (approximately US$55–280). However, even though a number of convictions for trafficking of children have been handed down, the Government points out that some cases escape the control of the law.

The Committee notes that the Chairperson of the Independent National Human Rights Commission (CNIDH), in a statement of 9 February 2018 on the human rights situation, expressed concern at the resurgence of human trafficking, particularly in the provinces of Makamba and Bujumbura Mairie, and asked the Government to ensure the effective application of the 2014 Anti-Trafficking Act. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of November 2016, expressed concern at the lack of a coordinated and effective response to address the increasing number of girls being trafficked out of the country for purposes of domestic servitude and sexual slavery. The CEDAW recommended that the Government allocate sufficient human, technical and financial resources to implement the 2014 Anti-Trafficking Act (CEDAW/C/BDI/CO/5-6, paragraph 28). The Committee requests the Government to intensify its efforts to ensure the thorough investigation and effective prosecution of individuals who engage in the sale and trafficking of children and to ensure that penalties constituting an effective deterrent are applied in practice. The Committee once again requests the Government to provide information on the application in practice of 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), including statistical information on the number and nature of violations, investigations, prosecutions, convictions and criminal penalties imposed on perpetrators. This information should, as far as possible, be disaggregated by age and gender of the victims.

Article 3(b) of the Convention. Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that, according to the observations of the Trade Union Confederation of Burundi (COSYBU) and the 2010 conclusions of the Conference Committee on the Application of Standards, the use, procuring or offering of children for prostitution remains a problem in practice, even though the national legislation prohibits this worst form of child labour. It also noted the measures taken by the Government to prevent the engagement of children in prostitution, including: (i) the establishment of a police unit for the protection of minors and morals; and (ii) free primary school education and the setting up of school canteens. The Committee expressed its concern at the results of the 2012 rapid assessment study on the commercial sexual exploitation of children, sponsored by the Ministry of the Public Service, Labour and Employment, in collaboration with UNICEF, which noted that children in fishing areas, particularly Rumonge and Makamba, were handed over to prostitution by adults, and that sex tourism targeting children was on the increase in border areas.

The Committee notes the Government’s indications that the revised Penal Code of 2009 has enabled the Government to take immediate and effective steps as a matter of urgency to ensure that individuals who use, procure or offer children for prostitution are prosecuted and incur effective penalties. The Committee requests 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. It also requests the Government to provide information on the number and nature of violations reported and criminal penalties imposed.

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. The Committee previously noted with deep concern that, according to the 2012 study of commercial sexual exploitation in Burundi, children from all target categories (children in prison, street children, child domestic workers, schoolchildren, displaced or refugee children) were victims of commercial sexual exploitation. Moreover, orphaned girls or girls separated from their families who had come to the major cities for employment as domestic workers were particularly at risk of being actual or potential victims of commercial sexual exploitation. According to the abovementioned study, 30 per cent of persons interviewed said they had been victims of such exploitation and 70 per cent said they had witnessed it. The perpetrators were mainly persons offering financial or material reward, particularly shopkeepers, mine operators, foreigners in transit and soldiers.

The Committee notes the Government’s indications that a number of measures have been put in place to ensure the identification, protection and guidance of child victims of commercial sexual exploitation, including: (i) the adoption of Act No. 1/13 of 22 September 2016 concerning the prevention and suppression of gender-based sexual violence and the protection of victims, together with a national strategy for combating gender-based violence; (ii) the implementation of a national child protection policy; (iii) the drawing up of a Child Protection Code, which is due to be adopted soon; and (iv) the establishment of a police unit for the protection of minors and morals. The Committee observes that, under section 35 of Act No. 1/13, any person found guilty of sexual exploitation of a minor shall be liable to penal servitude of 15–30 years. Duly noting the measures taken by the Government relating to the sexual exploitation of children, the Committee encourages the Government to continue its efforts to identify and protect child victims of commercial sexual exploitation. The Committee also requests the Government to provide information on the measures taken to ensure that victims of commercial sexual exploitation are directed to and cared for by the appropriate services to ensure their rehabilitation and social integration. The Committee also requests the Government to provide a copy of the Child Protection Code, once adopted.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and appropriate penalties. Sale and trafficking of children. The Committee takes note of 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), which includes children under 18 years of age. Section 19 of the Act establishes penalties of 15 to 20 years’ imprisonment for the trafficking of children.

The Committee notes the UNICEF report of 2017 on the humanitarian situation in Burundi, which states that, despite the adoption of the Anti Trafficking Act in 2014, lack of awareness of the Act is obstructing its implementation and, in this regard, two training workshops relating to trafficking in persons have been held for some 50 participants. The Committee recalls that the trafficking of children is a serious crime and that, according to Article 7(1) of the Convention, the Government is required to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of sufficiently effective and dissuasive criminal penalties. In this regard, the Committee requests the Government to provide information on the application in practice of Act No. 1/28 of 29 October 2014 concerning the prevention and suppression of trafficking in persons and the protection of victims, particularly statistical information on the number and nature of violations reported, proceedings instituted against the perpetrators and criminal penalties imposed on individuals found guilty of the trafficking of children. To the extent possible, this information should be disaggregated by age and gender of the victims.

Articles 3(d) and 4(1) and (2). Hazardous work, determination of hazardous types of work and identification of where these types of work exist. Children working in the informal economy. In its previous comments, the Committee noted Ordinance No. 630/1 of 5 January 1981 concerning child labour, which prohibits night work by children under 18 years of age, work that may exceed their strength, hazardous or unhealthy types of work, and work of an immoral nature. The Ordinance also prohibits the employment of children under 18 years of age in work likely to harm their health or involving a particular risk of accidents, and contains a detailed list of types of activities prohibited to children. However, the Committee observed that this prohibition does not apply to children under 18 years of age who are not in a contractual employment relationship. It also observed that in many households children are subjected to work which exceeds their strength and they receive very low pay. In this regard, the Government indicated that it had already set in motion a process intended to eradicate the worst forms of child labour in the informal economy. The Committee also noted that, as part of the National Action Plan (NAP) for the elimination of the worst forms of child labour, which was drawn up in collaboration with ILO–IPEC for the 2010–15 period, the list of hazardous types of work and worst forms of child labour was to be drawn up, and the new texts would include provisions relating to child labour in the informal economy. The Committee asked the Government to provide information on progress made in this respect.

The Committee notes the lack of information on this matter in the Government’s report, despite the fact that it has been raising this issue since 2007. The Committee expresses the firm hope that the legislation relating to child labour will be revised in the near future so as to ensure that children engaged in hazardous types of work in the informal economy benefit from the protection afforded by the Convention. It requests the Government to provide information on the results achieved through the implementation of the NAP with regard to updating the list of hazardous types of work prohibited for children under 18 years of age.

Articles 5 and 6. Monitoring mechanisms and programmes of action. In its previous comments, the Committee noted that there was no specific inspection service for child labour in Burundi and that the number of labour inspectors was insufficient in view of the prevalence of child labour in the country. The Committee asked the Government to provide information on the results achieved in the context of the implementation of the NAP.

The Committee notes the lack of information on this point. The Committee requests the Government once again to provide information on the results achieved through the implementation of the National Action Plan with regard to strengthening the capacities of law enforcement bodies in relation to the worst forms of child labour, including in the informal economy.

Article 7(2). Effective and time-bound measures. Clause (b). Rehabilitation and social integration of child soldiers. In its previous comments, the Committee noted with concern the use of children by the armed forces of the State either as soldiers or helpers in camps or to obtain information, as well as the low minimum age for recruitment into the armed forces. Referring to the conclusions of the Conference Committee on the Application of Standards, the Committee strongly encouraged the Government to continue taking effective and time-bound measures to ensure the rehabilitation and social integration of children who had previously been involved in armed conflict.

The Committee notes the Government’s indication that, in the defence and security forces, recruitment occurs from the age of 18 years onwards. As regards proceedings against the recruiters of children under 18 years of age, the Government points to the clandestine nature of the armed groups and to the fact that it therefore has no statistics on them. Referring to a number of reports from United Nations agencies, the Committee notes that steps have been taken to demobilize all child soldiers and to put a stop in practice to the forced recruitment of children under 18 years of age into the armed forces and armed groups.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that the Government had implemented a National Strategic Plan (NSP) against HIV/AIDS over the 2007–11 period, which aimed to provide support for the schooling of over 90,000 orphans and vulnerable children over a five-year period. However, the Committee noted that, according to 2009 estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), some 200,000 children are HIV/AIDS orphans in Burundi. The Committee asked the Government to provide information on measures taken in this respect.

The Committee notes the lack of information on this matter in the Government’s report. However, the Committee notes that, according to UNAIDS estimates for 2015, there are 69,000 HIV/AIDS orphans under 17 years of age in Burundi. The Committee reminds the Government that HIV/AIDS orphans are particularly at risk from engagement in the worst forms of child labour. In this regard, the Committee requests the Government to pursue its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. The Committee also requests the Government to provide information on the results achieved through the implementation of the NSP against HIV/AIDS for 2007–11, including in terms of the number of HIV/AIDS orphans who have been enrolled in school, disaggregated by age and gender.

2. Street children. In its previous comments, the Committee referred to the Conference Committee on the Application of Standards, which expressed serious concern in its conclusions at the fact that the number of children working in the streets remained high and that these children were exposed to various forms of exploitation. The Committee asked the Government to send information on the impact in this regard of the NAP and also on the number of children who had been removed from the streets and socially integrated through the action of the centres for the protection and reintegration of street children.

The Committee notes the Government’s indication that the Ministry of Labour has collaborated with national and international non-governmental organizations (NGOs) to remove children from the streets and socially and economically integrate them, including as part of the Enfants Soleil project of the Ministry of National Solidarity, Personal Rights and Gender. The Government also indicates that two centres for the rehabilitation of children were opened in Ruyigi and Rumonge in 2015. Finally, the Committee takes note of the study on care for street children in Burundi, which refers to the National Strategy drawn up in 2011 and the related Action Plan 2014–16 for preventing and combating the phenomenon of children in street situations. The Committee encourages the Government to continue taking the necessary steps to protect street children against exploitation and to ensure their rehabilitation and social integration. It requests the Government to provide information on the results achieved through the adoption of the National Strategy and the related Action Plan 2014–16 for preventing and combating the phenomenon of street children.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted the indication by the Trade Union Confederation of Burundi (COSYBU) that the extreme poverty of the population induced parents to allow their children to engage in prostitution. It noted that, even though the national legislation prohibits this worst form of child labour, the use, procuring or offering of children for prostitution remains a problem in practice. The Committee also referred to the Conference Committee on the Application of Standards, which observed in its 2010 conclusions that although the law prohibits the commercial sexual exploitation of children (sections 512 and 519 of the Penal Code), this issue remains an area of serious concern in practice. The Committee asked the Government to provide information on the number and nature of violations reported and criminal penalties applied.

The Committee notes the Government’s indication, in its report, that a number of measures have been put in place to prevent the engagement of children in prostitution, including: (i) the establishment of a police unit for the protection of minors and morals; and (ii) free primary school education and the setting up of school canteens. The Committee takes note of the Government’s indication that the Ministry of Public Administration, Labour and Employment, in collaboration with UNICEF, sponsored a rapid assessment study on the sexual and commercial exploitation of children, published in 2012 (2012 study). Noting that the Government does not provide more recent data, the Committee notes with concern that, according to this study, children in fishing areas, particularly Rumonge and Makamba in the south of the country, are handed over to prostitution by adults (p. 20). It also notes that, according to this study, nightclubs, guest houses and other similar establishments proliferate everywhere. They provide “predators” with a meeting place and rooms for their use. In border areas, particularly those adjoining Tanzania, sex tourism targeting children is flourishing. Cases of sex tourism practised by truck drivers in transit and nationals of other countries have also been reported in the study (pp. 64 and 69). The Committee urges the Government to take immediate and effective steps as a matter of urgency to ensure that persons who use, procure or offer a child under 18 years of age for prostitution are prosecuted and that sufficiently effective and dissuasive penalties are applied in practice. It requests the Government to provide information on the number and nature of violations reported and criminal penalties imposed.

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 asked the Government to provide information on the number of child victims of commercial sexual exploitation who had effectively been removed from this situation, rehabilitated and socially integrated, particularly further to the implementation of the National Action Plan for the elimination of the worst forms of child labour, which was drawn up in collaboration with ILO–IPEC for the 2010–15 period.

The Committee notes the Government’s indication that the 2012 study reveals that potential or actual child victims of commercial sexual exploitation are predominantly girls who are orphans or separated from their families who have come to the major cities to be employed as domestic workers. The Government also indicates that, of 307 children questioned, 92 of them (30 per cent) said they were victims of commercial sexual exploitation, whereas 215 of them (70 per cent) said they had witnessed it. The Committee notes with deep concern that the survey conducted as part of the 2012 study reveals that children from all target categories (children in prison, street children, child domestic workers, schoolchildren, displaced or refugee children) are victims of commercial sexual exploitation (p. 50). According to the study, the perpetrators are mainly persons offering financial or material reward, particularly shopkeepers, mine operators, foreigners in transit and soldiers. The Committee notes that, in its conclusions, the 2012 study recommends that the Government adopt a number of measures, including: (i) conducting awareness-raising and training campaigns for the judiciary and the general public, and also for teachers, social workers, medical staff, the police and the armed forces; (ii) combating impunity and strengthening the role of child protection committees; and (iii) drawing up fast-track education programmes with a view to promote the return to school of adolescent mothers and children who are victims of commercial sexual exploitation. The Committee urges the Government to intensify its efforts to identify and protect child victims of commercial sexual exploitation, and to take the necessary steps to ensure that identified victims are directed to appropriate services for their rehabilitation and social integration. The Committee requests the Government to provide information on the results achieved.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the detailed discussion held during the 99th Session of the Conference Committee on the Application of Standards in June 2010.

Articles 3(d) and 4(1) and (2) of the Convention. Hazardous types of work, determination of hazardous types of work and identification of where they exist. Children working in the informal economy. The Committee previously noted that sections 9–14 of Ordinance No. 630/1 of 5 January 1981 respecting child labour prohibit night work by any person under 18 years of age, work which may exceed their strength, hazardous or unhealthy types of work and work of an immoral nature. It noted in particular that section 13 of the Ordinance prohibits the employment of children under 18 years of age in work likely to harm their health or involving a particular risk of accidents, and contains a detailed list of prohibited types of activity. However, the Committee observed that this prohibition does not apply to children under 18 year of age without a contractual employment relationship.

The Committee notes the Government’s recognition in its report that labour legislation in Burundi only regulates structured enterprises, whereas the worst forms of child labour and hazardous types of work tend to occur in the informal sectors, which escape any regulation. The Government, however, indicates that it has already set in motion a process intended to eradicate the worst forms of child labour in the informal economy. In this respect, the Committee notes that, in the framework of the National Programme of Action for the Elimination of the Worst Forms of Child Labour (PNA), prepared in collaboration with ILO–IPEC for the period 2010–15, the first focus of action consists of the harmonization of the national legislation with international instruments on the worst forms of child labour. Accordingly, experts in labour law are to review the provisions of Burundi legislation and update them. During this process, the list of hazardous types of work and worst forms of child labour are to be drawn up, and the new texts will include provisions respecting child labour in the informal economy. The new provisions will be reviewed by the National Labour Council, as well as by the Council of Ministers and the Parliament. Furthermore, in the context of the PNA, inspections and visits will be organized, particularly to worksites and areas with a high incidence of the worst forms of child labour, following which specific reports are to be prepared. The Committee hopes that the legislation in Burundi will be revised so as to ensure that children engaged in hazardous types of work in the informal economy benefit from the protection afforded by the Convention. It requests the Government to provide information on the examination and updating of the list of types of work prohibited for children under 18 years of age and to provide a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s indication that, under the terms of section 156 of the Labour Code, the General Labour and Social Security Inspectorate is responsible for supervising the application of laws and regulations relating to the conditions of work and protection of workers, and for monitoring the implementation of the provisions of the Convention. However, it noted that there is no specific inspection service for child labour.

In this respect, the Committee notes that, according to the information contained in a report of 2009 on the worst forms of child labour in Burundi, available on the website of the United Nations High Commissioner for Refugees, there are only 12 labour inspectors in Burundi, which is clearly insufficient in view of the prevalence of child labour in the country. Moreover, the Committee observes that, in its concluding observations of 20 October 2010, the United Nations Committee on the Rights of the Child notes with concern the lack of a labour inspectorate to ensure the effective implementation of child labour laws, in both the formal and the informal sectors (CRC/C/BDI/CO/2, paragraph 70). The Committee notes that the main areas of intervention of the PNA consist of reinforcing the institutional capacities of actors so as to provide them with adequate operational capacity with a view to affording better protection to children against the worst forms of child labour, particularly in the informal economy. Among other measures, specific staff responsible for addressing the worst forms of child labour will be appointed and provided with offices, equipment and working materials. Training sessions on international labour standards and other texts respecting the worst forms of child labour will be organized for members of the judiciary, labour inspectors, police officers and administrative officials responsible for protecting the rights of children. The Committee requests the Government to provide information on the results achieved in the context of the implementation of the PNA in terms of reinforcing the capacities of those entrusted with the enforcement of the laws on the worst forms of child labour, particularly in the informal economy.

Article 6. Programmes of action. The Committee takes due note of the preparation of the PNA, covering the period between 2010 and 2015. This plan includes six areas of intervention: (i) the reinforcement of legislation with a view to preventing and protecting children from the worst forms of child labour; (ii) awareness-raising on child labour and its worst forms; (iii) the reinforcement of the institutional capacities of the actors involved; (iv) the promotion of Education for All by 2015; (v) support for poor families through the rehabilitation and socio economic integration of young persons; and (vi) the coordination and management of the programme. The Committee requests the Government to provide information on the implementation of the PNA and on its impact in terms of eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child orphans of HIV/AIDS. In its previous comments, the Committee noted that, according to information contained in the Report on the Global AIDS Epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 120,000 children were HIV/AIDS orphans in Burundi. It noted the sectoral plan of action to combat HIV/AIDS in the workplace (2005–09).

The Committee notes that, according to a report of 31 March 2010 on the implementation of the statement of commitment on HIV/AIDS of the Republic of Burundi, the Government has implemented a national strategic plan (PSN) against HIV/AIDS over the period 2007–11, the implementation of which was ensured, among other sources by contributions from the World Bank and the IMF. The measures carried out within the framework of the PSN include a vast support programme for orphans implemented in 2008–09 and an agreement between Burundi and the IMF should make it possible to provide support for the schooling of over 90,000 orphans and vulnerable children over a five-year period. However, the Committee observes that, according to the 2009 estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS) in Burundi, about 200,000 children are HIV/AIDS orphans. The Committee reminds the Government that children who are HIV/AIDS orphans are more particularly exposed to the risk of being engaged in the worst forms of child labour. Expressing its concern at the increase in the number of HIV/AIDS orphans, the Committee requests the Government to continue its efforts to ensure that children orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It also requests the Government to provide information on the results achieved following the implementation of the PSN against HIV/AIDS in 2007–11, particularly in terms of the number of HIV/AIDS orphans who have in practice been placed in school.

Article 8. Enhanced international cooperation. The Committee previously noted that Burundi had prepared a Poverty Reduction Strategy Paper (PRSP). It notes that the PNA also takes into consideration the fact that household poverty incites certain children to engage in the worst forms of child labour to provide for their needs and those of their families. In that respect, the Ministry responsible for vocational training and occupations, among other measures, needs to develop strategies to mobilize financial and technical resources with a view to reducing the vulnerability of children in relation to the worst forms of child labour.

The Committee notes the indication by the Government representative to the Conference Committee on the Application of Standards that, despite the Government’s strong will to resolve problems relating to the worst forms of child labour in Burundi, the country suffers from extreme poverty from which children are not spared. The Government representative emphasized that only the combined and continuous efforts of the Government and the international community to combat poverty would provide a basis for preventing and protecting children against the worst forms of child labour. The Worker members of Burundi reiterated that the worst forms of child labour, such as begging, street trade and prostitution, are linked in large part to the phenomenon of poverty, which affects most of the population. Reminding the Government that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information in its next report on any significant impact of the PRSP and the PNA on the elimination of the worst forms of child labour.

Application of the Convention in practice. The Committee noted previously that the worst forms of child labour exist under various forms in Burundi.

The Committee notes that, according to the national survey on the living conditions of children and women of 2005, 19 per cent of children between the ages of 5 and 14 years are engaged in paid work, and almost half of them participate in unpaid work on behalf of people who are not family members. The Committee also notes the Government’s indication that a study on child labour was published in 2009 and contributed to the identification of the types of work in which children are most often involved. In Burundi, children work as domestic staff in the homes of third parties, as well as in agriculture, small businesses, fishing, artisanal work, bars and restaurants, mines and quarries, building sites and the manufacture of bricks and tiles. Many children also work in their own family circles, which means that they are sometimes prevented from going to school. The situation is all the more worrying for girls, who are the last to be sent to school and the first to be taken out of school to do housework or bring up the youngest members of orphan families.

The Committee also notes that, in its concluding observations of 20 October 2010, the United Nations Committee on the Rights of the Child expressed concern at the inadequacy of existing databases on children in general, and in particular of data on children in vulnerable situations (CRC/C/BDI/CO/2, paragraph 20). In this respect, according to the PNA document for the elimination of the worst forms of child labour, there are no data on the worst forms of child labour relating to the 15–17 age group. The Committee notes that, in the context of the PNA, the Institute of Statistics and Economic Studies of Burundi, in collaboration with the Ministry of Labour, has to produce and disseminate annual statistics on the worst forms of child labour in Burundi. The Committee requests the Government to provide in its next report the annual statistics compiled by the Ministry of Labour within the framework of the PNA for the elimination of worst forms of child labour. It requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour in Burundi, as well as information on the number and nature of the violations reported, prosecutions, convictions and penal sanctions applied. To the extent possible, this information should be disaggregated by sex and age.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted with concern the use of children by the armed forces of the State as soldiers or helpers in camps, or to obtain information, as well as the low minimum age for recruitment into the armed forces. It noted that the Penal Code had been amended to provide improved protection for children against war crimes and that it now provides that the recruitment of children under 16 years of age in armed conflicts constitutes a war crime. It therefore requested the Government to take measures as a matter of urgency to amend the national legislation and prohibit the forced recruitment of young persons under 18 for use in armed conflict. The Committee also noted that, considering the relative calm experienced over most of the national territory since the Arusha Peace and Reconciliation Agreement of August 2000 and the Comprehensive Ceasefire Agreement, the Government had launched the implementation of a vast programme for the demobilization and reintegration of former combatants through three organizations, namely the National Commission for Demobilization, Reinsertion and Reintegration (CNDRR), the National Structure for Child Soldiers (SEN), and the ILO–IPEC project on “Prevention and reintegration of children involved in armed conflicts: An inter-regional programme”.

The Committee refers to the Conference Committee on the Application of Standards which, in its conclusions, requested the Government to ensure that the perpetrators of the forced recruitment of children under 18 years of age by armed groups and the rebel forces were prosecuted and that sufficiently effective and dissuasive penalties were applied. Observing that the situation in Burundi remains fragile and that there is still a risk of child soldiers being recruited, the Committee requests the Government to take the necessary measures to ensure the protection of children under 18 years of age against forced recruitment for use in armed conflict, by ensuring thorough investigations and robust prosecutions of offenders, and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the progress achieved in this respect.

Clause (b). Use, procuring or offering of children for prostitution. The Committee previously noted that, in its communication, the Trade Union Confederation of Burundi (COSYBU) had indicated that the extreme poverty of the population encourages parents to allow their children to engage in prostitution. It noted that, although the national legislation prohibits this worst form of child labour, the use, procuring or offering of children for prostitution remains a problem in practice.

The Committee notes the conclusion of the Conference Committee on the Application of Standards that, although the law prohibits the commercial sexual exploitation of children, it remains an issue of serious concern in practice. The Committee requests the Government to take immediate and effective measures on an urgent basis to ensure that persons who use, procure or offer a child under 18 years of age for prostitution are prosecuted and that sufficiently effective and dissuasive sanctions are applied in practice. It requests the Government to provide information on the number and nature of violations reported and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and providing for their rehabilitation and social integration. 1. Child soldiers. In its previous comments, the Committee noted that, in the framework of the ILO–IPEC inter-regional project, the United Nations programme for demobilization, reintegration and prevention and the National Structure for Child Soldiers, thousands of children had been demobilized and socially reintegrated. The Committee noted that, according to the Government, all the children had been demobilized, except for those used by the armed movement FNL, which had not yet laid down its arms.

The Committee takes due note of the Government’s indication that all the children who had been enrolled in the FNL have been reintegrated into civilian life and that many of them have returned to school. In this respect, in his Seventh Report on the United Nations Integrated Office in Burundi of 30 November 2010, the Secretary-General of the United Nations indicates that the reintegration of 626 children formerly associated with armed groups was successfully concluded on 31 July 2010 (S/2010/608, paragraph 48). Of these 626 children, over 104 have returned to school in their original communities and the others have been engaged in vocational training or income-generating activities.

However, the Committee notes that the Government representative at the Conference Committee on the Application of Standards indicated that combating poverty in Burundi was the basic problem preventing the successful social reintegration of demobilized child soldiers. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee strongly encourages the Government to continue adopting effective time-bound measures for the rehabilitation and social integration of children previously involved in armed conflict.

2. Commercial sexual exploitation. The Committee previously requested the Government to take the necessary measures for the removal of children under 18 years of age from prostitution and for their rehabilitation and social integration. The Committee notes that, in the context of the National Programme of Action for the Elimination of the Worst Forms of Child Labour (PAN), prepared in collaboration with ILO–IPEC for the period 2010–15, one of the objectives is to reduce the vulnerability of children to the worst forms of child labour through the implementation of community development programmes including, among other elements, education and socio-economic reintegration of children engaged in or removed from the worst forms of child labour. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have, in practice, been removed from this situation and provided with rehabilitation and social integration, particularly following the implementation of the PAN.

The Conference Committee on the Application of Standards also expressed its serious concern that the number of children working on the streets remained high and that these children were exposed to various forms of exploitation. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect them from the worst forms of child labour, to remove children from work in the streets and for their rehabilitation and social integration. It requests the Government to provide information on the impact of the PAN in this regard, as well as on the number of street children who are in practice removed from that situation and socially reintegrated through the action of protection and reintegration centres for street children.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 matters raised in its previous comments.

Repetition

The Committee notes the Government’s report and the detailed discussion held during the 99th Session of the Conference Committee on the Application of Standards in June 2010.

Articles 3(d) and 4(1) and (2) of the Convention. Hazardous types of work, determination of hazardous types of work and identification of where they exist. Children working in the informal economy. The Committee previously noted that sections 9–14 of Ordinance No. 630/1 of 5 January 1981 respecting child labour prohibit night work by any person under 18 years of age, work which may exceed their strength, hazardous or unhealthy types of work and work of an immoral nature. It noted in particular that section 13 of the Ordinance prohibits the employment of children under 18 years of age in work likely to harm their health or involving a particular risk of accidents, and contains a detailed list of prohibited types of activity. However, the Committee observed that this prohibition does not apply to children under 18 year of age without a contractual employment relationship.

The Committee notes the Government’s recognition in its report that labour legislation in Burundi only regulates structured enterprises, whereas the worst forms of child labour and hazardous types of work tend to occur in the informal sectors, which escape any regulation. The Government, however, indicates that it has already set in motion a process intended to eradicate the worst forms of child labour in the informal economy. In this respect, the Committee notes that, in the framework of the National Programme of Action for the Elimination of the Worst Forms of Child Labour (PNA), prepared in collaboration with ILO–IPEC for the period 2010–15, the first focus of action consists of the harmonization of the national legislation with international instruments on the worst forms of child labour. Accordingly, experts in labour law are to review the provisions of Burundi legislation and update them. During this process, the list of hazardous types of work and worst forms of child labour are to be drawn up, and the new texts will include provisions respecting child labour in the informal economy. The new provisions will be reviewed by the National Labour Council, as well as by the Council of Ministers and the Parliament. Furthermore, in the context of the PNA, inspections and visits will be organized, particularly to worksites and areas with a high incidence of the worst forms of child labour, following which specific reports are to be prepared. The Committee hopes that the legislation in Burundi will be revised so as to ensure that children engaged in hazardous types of work in the informal economy benefit from the protection afforded by the Convention. It requests the Government to provide information on the examination and updating of the list of types of work prohibited for children under 18 years of age and to provide a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s indication that, under the terms of section 156 of the Labour Code, the General Labour and Social Security Inspectorate is responsible for supervising the application of laws and regulations relating to the conditions of work and protection of workers, and for monitoring the implementation of the provisions of the Convention. However, it noted that there is no specific inspection service for child labour.

In this respect, the Committee notes that, according to the information contained in a report of 2009 on the worst forms of child labour in Burundi, available on the website of the United Nations High Commissioner for Refugees, there are only 12 labour inspectors in Burundi, which is clearly insufficient in view of the prevalence of child labour in the country. Moreover, the Committee observes that, in its concluding observations of 20 October 2010, the United Nations Committee on the Rights of the Child notes with concern the lack of a labour inspectorate to ensure the effective implementation of child labour laws, in both the formal and the informal sectors (CRC/C/BDI/CO/2, paragraph 70). The Committee notes that the main areas of intervention of the PNA consist of reinforcing the institutional capacities of actors so as to provide them with adequate operational capacity with a view to affording better protection to children against the worst forms of child labour, particularly in the informal economy. Among other measures, specific staff responsible for addressing the worst forms of child labour will be appointed and provided with offices, equipment and working materials. Training sessions on international labour standards and other texts respecting the worst forms of child labour will be organized for members of the judiciary, labour inspectors, police officers and administrative officials responsible for protecting the rights of children. The Committee requests the Government to provide information on the results achieved in the context of the implementation of the PNA in terms of reinforcing the capacities of those entrusted with the enforcement of the laws on the worst forms of child labour, particularly in the informal economy.

Article 6. Programmes of action. The Committee takes due note of the preparation of the PNA, covering the period between 2010 and 2015. This plan includes six areas of intervention: (i) the reinforcement of legislation with a view to preventing and protecting children from the worst forms of child labour; (ii) awareness-raising on child labour and its worst forms; (iii) the reinforcement of the institutional capacities of the actors involved; (iv) the promotion of Education for All by 2015; (v) support for poor families through the rehabilitation and socio economic integration of young persons; and (vi) the coordination and management of the programme. The Committee requests the Government to provide information on the implementation of the PNA and on its impact in terms of eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child orphans of HIV/AIDS. In its previous comments, the Committee noted that, according to information contained in the Report on the Global AIDS Epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 120,000 children were HIV/AIDS orphans in Burundi. It noted the sectoral plan of action to combat HIV/AIDS in the workplace (2005–09).

The Committee notes that, according to a report of 31 March 2010 on the implementation of the statement of commitment on HIV/AIDS of the Republic of Burundi, the Government has implemented a national strategic plan (PSN) against HIV/AIDS over the period 2007–11, the implementation of which was ensured, among other sources by contributions from the World Bank and the IMF. The measures carried out within the framework of the PSN include a vast support programme for orphans implemented in 2008–09 and an agreement between Burundi and the IMF should make it possible to provide support for the schooling of over 90,000 orphans and vulnerable children over a five-year period. However, the Committee observes that, according to the 2009 estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS) in Burundi, about 200,000 children are HIV/AIDS orphans. The Committee reminds the Government that children who are HIV/AIDS orphans are more particularly exposed to the risk of being engaged in the worst forms of child labour. Expressing its concern at the increase in the number of HIV/AIDS orphans, the Committee requests the Government to continue its efforts to ensure that children orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It also requests the Government to provide information on the results achieved following the implementation of the PSN against HIV/AIDS in 2007–11, particularly in terms of the number of HIV/AIDS orphans who have in practice been placed in school.

Article 8. Enhanced international cooperation. The Committee previously noted that Burundi had prepared a Poverty Reduction Strategy Paper (PRSP). It notes that the PNA also takes into consideration the fact that household poverty incites certain children to engage in the worst forms of child labour to provide for their needs and those of their families. In that respect, the Ministry responsible for vocational training and occupations, among other measures, needs to develop strategies to mobilize financial and technical resources with a view to reducing the vulnerability of children in relation to the worst forms of child labour.

The Committee notes the indication by the Government representative to the Conference Committee on the Application of Standards that, despite the Government’s strong will to resolve problems relating to the worst forms of child labour in Burundi, the country suffers from extreme poverty from which children are not spared. The Government representative emphasized that only the combined and continuous efforts of the Government and the international community to combat poverty would provide a basis for preventing and protecting children against the worst forms of child labour. The Worker members of Burundi reiterated that the worst forms of child labour, such as begging, street trade and prostitution, are linked in large part to the phenomenon of poverty, which affects most of the population. Reminding the Government that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information in its next report on any significant impact of the PRSP and the PNA on the elimination of the worst forms of child labour.

Application of the Convention in practice. The Committee noted previously that the worst forms of child labour exist under various forms in Burundi.

The Committee notes that, according to the national survey on the living conditions of children and women of 2005, 19 per cent of children between the ages of five and 14 years are engaged in paid work, and almost half of them participate in unpaid work on behalf of people who are not family members. The Committee also notes the Government’s indication that a study on child labour was published in 2009 and contributed to the identification of the types of work in which children are most often involved. In Burundi, children work as domestic staff in the homes of third parties, as well as in agriculture, small businesses, fishing, artisanal work, bars and restaurants, mines and quarries, building sites and the manufacture of bricks and tiles. Many children also work in their own family circles, which means that they are sometimes prevented from going to school. The situation is all the more worrying for girls, who are the last to be sent to school and the first to be taken out of school to do housework or bring up the youngest members of orphan families.

The Committee also notes that, in its concluding observations of 20 October 2010, the United Nations Committee on the Rights of the Child expressed concern at the inadequacy of existing databases on children in general, and in particular of data on children in vulnerable situations (CRC/C/BDI/CO/2, paragraph 20). In this respect, according to the PNA document for the elimination of the worst forms of child labour, there are no data on the worst forms of child labour relating to the 15–17 age group. The Committee notes that, in the context of the PNA, the Institute of Statistics and Economic Studies of Burundi, in collaboration with the Ministry of Labour, has to produce and disseminate annual statistics on the worst forms of child labour in Burundi. The Committee requests the Government to provide in its next report the annual statistics compiled by the Ministry of Labour within the framework of the PNA for the elimination of worst forms of child labour. It requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour in Burundi, as well as information on the number and nature of the violations reported, prosecutions, convictions and penal sanctions applied. To the extent possible, this information should be disaggregated by sex and age.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted with concern the use of children by the armed forces of the State as soldiers or helpers in camps, or to obtain information, as well as the low minimum age for recruitment into the armed forces. It noted that the Penal Code had been amended to provide improved protection for children against war crimes and that it now provides that the recruitment of children under 16 years of age in armed conflicts constitutes a war crime. It therefore requested the Government to take measures as a matter of urgency to amend the national legislation and prohibit the forced recruitment of young persons under 18 for use in armed conflict. The Committee also noted that, considering the relative calm experienced over most of the national territory since the Arusha Peace and Reconciliation Agreement of August 2000 and the Comprehensive Ceasefire Agreement, the Government had launched the implementation of a vast programme for the demobilization and reintegration of former combatants through three organizations, namely the National Commission for Demobilization, Reinsertion and Reintegration (CNDRR), the National Structure for Child Soldiers (SEN), and the ILO–IPEC project on “Prevention and reintegration of children involved in armed conflicts: An inter-regional programme”.

The Committee refers to the Conference Committee on the Application of Standards which, in its conclusions, requested the Government to ensure that the perpetrators of the forced recruitment of children under 18 years of age by armed groups and the rebel forces were prosecuted and that sufficiently effective and dissuasive penalties were applied. Observing that the situation in Burundi remains fragile and that there is still a risk of child soldiers being recruited, the Committee requests the Government to take the necessary measures to ensure the protection of children under 18 years of age against forced recruitment for use in armed conflict, by ensuring thorough investigations and robust prosecutions of offenders, and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the progress achieved in this respect.

Clause (b). Use, procuring or offering of children for prostitution. The Committee previously noted that, in its communication, the Trade Union Confederation of Burundi (COSYBU) had indicated that the extreme poverty of the population encourages parents to allow their children to engage in prostitution. It noted that, although the national legislation prohibits this worst form of child labour, the use, procuring or offering of children for prostitution remains a problem in practice.

The Committee notes the conclusion of the Conference Committee on the Application of Standards that, although the law prohibits the commercial sexual exploitation of children, it remains an issue of serious concern in practice. The Committee requests the Government to take immediate and effective measures on an urgent basis to ensure that persons who use, procure or offer a child under 18 years of age for prostitution are prosecuted and that sufficiently effective and dissuasive sanctions are applied in practice. It requests the Government to provide information on the number and nature of violations reported and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and providing for their rehabilitation and social integration. 1. Child soldiers. In its previous comments, the Committee noted that, in the framework of the ILO–IPEC inter-regional project, the United Nations programme for demobilization, reintegration and prevention and the National Structure for Child Soldiers, thousands of children had been demobilized and socially reintegrated. The Committee noted that, according to the Government, all the children had been demobilized, except for those used by the armed movement FNL, which had not yet laid down its arms.

The Committee takes due note of the Government’s indication that all the children who had been enrolled in the FNL have been reintegrated into civilian life and that many of them have returned to school. In this respect, in his Seventh Report on the United Nations Integrated Office in Burundi of 30 November 2010, the Secretary-General of the United Nations indicates that the reintegration of 626 children formerly associated with armed groups was successfully concluded on 31 July 2010 (S/2010/608, paragraph 48). Of these 626 children, over 104 have returned to school in their original communities and the others have been engaged in vocational training or income-generating activities.

However, the Committee notes that the Government representative at the Conference Committee on the Application of Standards indicated that combating poverty in Burundi was the basic problem preventing the successful social reintegration of demobilized child soldiers. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee strongly encourages the Government to continue adopting effective time-bound measures for the rehabilitation and social integration of children previously involved in armed conflict.

2. Commercial sexual exploitation. The Committee previously requested the Government to take the necessary measures for the removal of children under 18 years of age from prostitution and for their rehabilitation and social integration. The Committee notes that, in the context of the National Programme of Action for the Elimination of the Worst Forms of Child Labour (PAN), prepared in collaboration with ILO–IPEC for the period 2010–15, one of the objectives is to reduce the vulnerability of children to the worst forms of child labour through the implementation of community development programmes including, among other elements, education and socio-economic reintegration of children engaged in or removed from the worst forms of child labour. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have, in practice, been removed from this situation and provided with rehabilitation and social integration, particularly following the implementation of the PAN.

The Conference Committee on the Application of Standards also expressed its serious concern that the number of children working on the streets remained high and that these children were exposed to various forms of exploitation. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect them from the worst forms of child labour, to remove children from work in the streets and for their rehabilitation and social integration. It requests the Government to provide information on the impact of the PAN in this regard, as well as on the number of street children who are in practice removed from that situation and socially reintegrated through the action of protection and reintegration centres for street children.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the Government’s report and the detailed discussion held during the 99th Session of the Conference Committee on the Application of Standards in June 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Further to its previous comments, the Committee notes with interest that section 242 of Act No. 01/05 of 22 April 2009 revising the Penal Code provides that “any person who has concluded an agreement with a view to depriving, either free of charge, or in exchange for payment, a third person of their freedom, shall be punished with penal servitude of from five to ten years” and that “the money, goods or other objects of value received in execution of the agreement shall be confiscated”. The same section provides that any person who enters into such an agreement for the purposes of the sexual exploitation or domestic exploitation of the victim shall also be punished. Furthermore, section 243 of the Penal Code provides that the same penalties shall be applicable for the “act of introducing Burundi individuals for the purposes of the agreement referred to above, or causing individuals to leave the country under the terms of such an agreement for procurement abroad”. If the victim of such an agreement, whether deprived of freedom within or outside the country, is a person under 18 years of age, the penalty is raised to 20 years of penal servitude.

Clause (b). Use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee previously noted that the national legislation does not appear to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee notes with interest that section 519 of the Penal Code provides for penal servitude of between three to five years and a fine of between 100,000 and 500,000 Burundi francs (BIF) as a punishment for “any person who has used, procured or offered a child for prostitution, for the production of pornography or for pornographic performances”. Under the terms of section 512 of the Penal Code, the term “child” means any person under 18 years of age.

Articles 3(d) and 4(1) and (2). Hazardous types of work, determination of hazardous types of work and identification of where they exist. Children working in the informal economy. The Committee previously noted that sections 9–14 of Ordinance No. 630/1 of 5 January 1981 respecting child labour prohibit night work by any person under 18 years of age, work which may exceed their strength, hazardous or unhealthy types of work and work of an immoral nature. It noted in particular that section 13 of the Ordinance prohibits the employment of children under 18 years of age in work likely to harm their health or involving a particular risk of accidents, and contains a detailed list of prohibited types of activity. However, the Committee observed that this prohibition does not apply to children under 18 year of age without a contractual employment relationship.

The Committee notes the Government’s recognition in its report that labour legislation in Burundi only regulates structured enterprises, whereas the worst forms of child labour and hazardous types of work tend to occur in the informal sectors, which escape any regulation. The Government, however, indicates that it has already set in motion a process intended to eradicate the worst forms of child labour in the informal economy. In this respect, the Committee notes that, in the framework of the National Programme of Action for the Elimination of the Worst Forms of Child Labour (PNA), prepared in collaboration with ILO–IPEC for the period 2010–15, the first focus of action consists of the harmonization of the national legislation with international instruments on the worst forms of child labour. Accordingly, experts in labour law are to review the provisions of Burundi legislation and update them. During this process, the list of hazardous types of work and worst forms of child labour are to be drawn up, and the new texts will include provisions respecting child labour in the informal economy. The new provisions will be reviewed by the National Labour Council, as well as by the Council of Ministers and the Parliament. Furthermore, in the context of the PNA, inspections and visits will be organized, particularly to worksites and areas with a high incidence of the worst forms of child labour, following which specific reports are to be prepared. The Committee hopes that the legislation in Burundi will be revised so as to ensure that children engaged in hazardous types of work in the informal economy benefit from the protection afforded by the Convention. It requests the Government to provide information on the examination and updating of the list of types of work prohibited for children under 18 years of age and to provide a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s indication that, under the terms of section 156 of the Labour Code, the General Labour and Social Security Inspectorate is responsible for supervising the application of laws and regulations relating to the conditions of work and protection of workers, and for monitoring the implementation of the provisions of the Convention. However, it noted that there is no specific inspection service for child labour.

In this respect, the Committee notes that, according to the information contained in a report of 2009 on the worst forms of child labour in Burundi, available on the website of the United Nations High Commissioner for Refugees, there are only 12 labour inspectors in Burundi, which is clearly insufficient in view of the prevalence of child labour in the country. Moreover, the Committee observes that, in its concluding observations of 20 October 2010, the United Nations Committee on the Rights of the Child notes with concern the lack of a labour inspectorate to ensure the effective implementation of child labour laws, in both the formal and the informal sectors (CRC/C/BDI/CO/2, paragraph 70). The Committee notes that the main areas of intervention of the PNA consist of reinforcing the institutional capacities of actors so as to provide them with adequate operational capacity with a view to affording better protection to children against the worst forms of child labour, particularly in the informal economy. Among other measures, specific staff responsible for addressing the worst forms of child labour will be appointed and provided with offices, equipment and working materials. Training sessions on international labour standards and other texts respecting the worst forms of child labour will be organized for members of the judiciary, labour inspectors, police officers and administrative officials responsible for protecting the rights of children. The Committee requests the Government to provide information on the results achieved in the context of the implementation of the PNA in terms of reinforcing the capacities of those entrusted with the enforcement of the laws on the worst forms of child labour, particularly in the informal economy.

Article 6. Programmes of action. The Committee takes due note of the preparation of the PNA, covering the period between 2010 and 2015. This plan includes six areas of intervention: (i) the reinforcement of legislation with a view to preventing and protecting children from the worst forms of child labour; (ii) awareness-raising on child labour and its worst forms; (iii) the reinforcement of the institutional capacities of the actors involved; (iv) the promotion of Education for All by 2015; (v) support for poor families through the rehabilitation and socio economic integration of young persons; and (vi) the coordination and management of the programme. The Committee requests the Government to provide information on the implementation of the PNA and on its impact in terms of eliminating the worst forms of child labour.

Article 7(1). Penalties. In its previous comments, the Committee reminded the Government that, under the terms of this provision of the Convention, measures have to be taken to ensure the effective enforcement and compliance with the provisions giving effect to the Convention, including the provision and application of penal or, as appropriate, other sanctions. The Committee notes with interest that section 522 of the Penal Code provides that any person who uses a child “for work which, by its nature or the conditions under which it is carried out, is likely to harm the health, safety or morals of the child” shall be punished with a sentence of penal servitude of between three and five years and a fine of between BIF50,000 and BIF100,000.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child orphans of HIV/AIDS. In its previous comments, the Committee noted that, according to information contained in the Report on the Global AIDS Epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 120,000 children were HIV/AIDS orphans in Burundi. It noted the sectoral plan of action to combat HIV/AIDS in the workplace (2005–09).

The Committee notes that, according to a report of 31 March 2010 on the implementation of the statement of commitment on HIV/AIDS of the Republic of Burundi, the Government has implemented a national strategic plan (PSN) against HIV/AIDS over the period 2007–11, the implementation of which was ensured, among other sources by contributions from the World Bank and the IMF. The measures carried out within the framework of the PSN include a vast support programme for orphans implemented in 2008–09 and an agreement between Burundi and the IMF should make it possible to provide support for the schooling of over 90,000 orphans and vulnerable children over a five-year period. However, the Committee observes that, according to the 2009 estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS) in Burundi, about 200,000 children are HIV/AIDS orphans. The Committee reminds the Government that children who are HIV/AIDS orphans are more particularly exposed to the risk of being engaged in the worst forms of child labour. Expressing its concern at the increase in the number of HIV/AIDS orphans, the Committee requests the Government to continue its efforts to ensure that children orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It also requests the Government to provide information on the results achieved following the implementation of the PSN against HIV/AIDS in 2007–11, particularly in terms of the number of HIV/AIDS orphans who have in practice been placed in school.

Article 8. Enhanced international cooperation. The Committee previously noted that Burundi had prepared a Poverty Reduction Strategy Paper (PRSP). It notes that the PNA also takes into consideration the fact that household poverty incites certain children to engage in the worst forms of child labour to provide for their needs and those of their families. In that respect, the Ministry responsible for vocational training and occupations, among other measures, needs to develop strategies to mobilize financial and technical resources with a view to reducing the vulnerability of children in relation to the worst forms of child labour.

The Committee notes the indication by the Government representative to the Conference Committee on the Application of Standards that, despite the Government’s strong will to resolve problems relating to the worst forms of child labour in Burundi, the country suffers from extreme poverty from which children are not spared. The Government representative emphasized that only the combined and continuous efforts of the Government and the international community to combat poverty would provide a basis for preventing and protecting children against the worst forms of child labour. The Worker members of Burundi reiterated that the worst forms of child labour, such as begging, street trade and prostitution, are linked in large part to the phenomenon of poverty, which affects most of the population. Reminding the Government that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information in its next report on any significant impact of the PRSP and the PNA on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted previously that the worst forms of child labour exist under various forms in Burundi.

The Committee notes that, according to the national survey on the living conditions of children and women of 2005, 19 per cent of children between the ages of five and 14 years are engaged in paid work, and almost half of them participate in unpaid work on behalf of people who are not family members. The Committee also notes the Government’s indication that a study on child labour was published in 2009 and contributed to the identification of the types of work in which children are most often involved. In Burundi, children work as domestic staff in the homes of third parties, as well as in agriculture, small businesses, fishing, artisanal work, bars and restaurants, mines and quarries, building sites and the manufacture of bricks and tiles. Many children also work in their own family circles, which means that they are sometimes prevented from going to school. The situation is all the more worrying for girls, who are the last to be sent to school and the first to be taken out of school to do housework or bring up the youngest members of orphan families.

The Committee also notes that, in its concluding observations of 20 October 2010, the United Nations Committee on the Rights of the Child expressed concern at the inadequacy of existing databases on children in general, and in particular of data on children in vulnerable situations (CRC/C/BDI/CO/2, paragraph 20). In this respect, according to the PNA document for the elimination of the worst forms of child labour, there are no data on the worst forms of child labour relating to the 15–17 age group. The Committee notes that, in the context of the PNA, the Institute of Statistics and Economic Studies of Burundi, in collaboration with the Ministry of Labour, has to produce and disseminate annual statistics on the worst forms of child labour in Burundi. The Committee requests the Government to provide in its next report the annual statistics compiled by the Ministry of Labour within the framework of the PNA for the elimination of worst forms of child labour. It requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour in Burundi, as well as information on the number and nature of the violations reported, prosecutions, convictions and penal sanctions applied. To the extent possible, this information should be disaggregated by sex and age.

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

The Committee notes the Government’s report and the detailed discussion held during the 99th Session of the Conference Committee on the Application of Standards in June 2010.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted with concern the use of children by the armed forces of the State as soldiers or helpers in camps, or to obtain information, as well as the low minimum age for recruitment into the armed forces. It noted that the Penal Code had been amended to provide improved protection for children against war crimes and that it now provides that the recruitment of children under 16 years of age in armed conflicts constitutes a war crime. It therefore requested the Government to take measures as a matter of urgency to amend the national legislation and prohibit the forced recruitment of young persons under 18 for use in armed conflict. The Committee also noted that, considering the relative calm experienced over most of the national territory since the Arusha Peace and Reconciliation Agreement of August 2000 and the Comprehensive Ceasefire Agreement, the Government had launched the implementation of a vast programme for the demobilization and reintegration of former combatants through three organizations, namely the National Commission for Demobilization, Reinsertion and Reintegration (CNDRR), the National Structure for Child Soldiers (SEN), and the ILO–IPEC project on “Prevention and reintegration of children involved in armed conflicts: An inter-regional programme”.

The Committee notes with satisfaction that in his Report on children and armed conflict of 13 April 2010, the Secretary-General of the United Nations indicated that the revised Penal Code adopted by the National Assembly on 22 April 2009 now prohibits the recruitment of children into the national defence forces and lays down that 18 years is the minimum age for conscription (A/64/742-S/2010/181, paragraph 38). In addition, the Secretary-General of the United Nations also indicates that eight focal points from Agathon Rwasa’s Forces nationales de libération (FNL) were named as being responsible for facilitating the separation of children associated with FNL combatants (A/64/742-S/2010/181, paragraph 17). On 10 April 2010, the remaining 228 children were released from five FNL pre-assembly areas. On 8 June 2010, 40 children associated with alleged FNL dissidents in the Randa and Buramata assembly areas were also released. The Committee notes with interest that, according to the report of the Secretary-General, it has been confirmed that the FNL has ceased to recruit children, and that since June 2010, no reported new cases of the recruitment or use of children by the FNL have been recorded (A/64/742-S/2010/181, paragraph 54). Consequently, Burundi has been removed from the list of countries monitored in accordance with Security Council Resolution No. 1612 (2005).

However, the Committee notes that the Secretary-General of the United Nations expressed concern at reports of militant activities by youth groups allegedly associated with certain political parties that are generating fear and suspicion (A/64/742-S/2010/181, paragraph 56). Furthermore, in his Seventh Report on the United Nations Integrated Office in Burundi of 30 November 2010, the Secretary-General of the United Nations adds that, owing to the heightened tensions that surrounded the general elections in 2010, there is a considerable risk that children and young people will be recruited, which therefore requires continued monitoring and preventive action (S/2010/608, paragraph 47).

In this respect, the Committee refers to the Conference Committee on the Application of Standards which, in its conclusions, requested the Government to ensure that the perpetrators of the forced recruitment of children under 18 years of age by armed groups and the rebel forces were prosecuted and that sufficiently effective and dissuasive penalties were applied. Observing that the situation in Burundi remains fragile and that there is still a risk of child soldiers being recruited, the Committee requests the Government to take the necessary measures to ensure the protection of children under 18 years of age against forced recruitment for use in armed conflict, by ensuring thorough investigations and robust prosecutions of offenders, and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the progress achieved in this respect.

Clause (b). Use, procuring or offering of children for prostitution. The Committee previously noted that, in its communication, the Trade Union Confederation of Burundi (COSYBU) had indicated that the extreme poverty of the population encourages parents to allow their children to engage in prostitution. It noted that, although the national legislation prohibits this worst form of child labour, the use, procuring or offering of children for prostitution remains a problem in practice.

The Committee notes with interest that, under the terms of sections 512 and 519 of Act No. 1/05 of 22 April 2009 revising the Penal Code, the fact of using, procuring or offering a child under 18 years of age for prostitution remains a penal offence in Burundi, which may be punished by a sentence of penal servitude of three to five years and a fine of between 100,000 to 500,000 francs. However, the Committee notes that, according to the information contained in a 2009 report on the worst forms of child labour in Burundi, available on the website of the United Nations High Commissioner for Refugees, the sexual exploitation of children for economic purposes still occurs. Sometimes women initially offer accommodation to girls, and then force them to engage in prostitution to pay their expenses.

The Committee notes the conclusion of the Conference Committee on the Application of Standards that, although the law prohibits the commercial sexual exploitation of children, it remains an issue of serious concern in practice. The Committee requests the Government to take immediate and effective measures on an urgent basis to ensure that persons who use, procure or offer a child under 18 years of age for prostitution are prosecuted and that sufficiently effective and dissuasive sanctions are applied in practice. It requests the Government to provide information on the number and nature of violations reported and penal sanctions applied.

Clause (c). Use, procuring or offering of children for illicit activities. Street children. In its previous comments, the Committee noted the indication by COSYBU that the extreme poverty of the population drives parents to allow their children to engage in begging. The Committee expressed grave concern at the increase in street children who are exposed to numerous risks, including being used or recruited for armed conflict or other illicit activities. It requested the Government to take the necessary measures to protect street children and to prohibit, in the national legislation, the use, procuring or offering of children for illicit activities.

The Committee notes with satisfaction that section 518 of the Penal Code provides that it is prohibited “to induce, directly, a child to commit an unlawful act or an act that is liable to harm her or his health, morals or development” and that, under the terms of section 512 of the Penal Code, the term “child” means any person under 18 years of age.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and providing for their rehabilitation and social integration. 1. Child soldiers. In its previous comments, the Committee noted that, in the framework of the ILO–IPEC inter-regional project, the United Nations programme for demobilization, reintegration and prevention and the National Structure for Child Soldiers, thousands of children had been demobilized and socially reintegrated. The Committee noted that, according to the Government, all the children had been demobilized, except for those used by the armed movement FNL, which had not yet laid down its arms.

The Committee takes due note of the Government’s indication that all the children who had been enrolled in the FNL have been reintegrated into civilian life and that many of them have returned to school. In this respect, in his Seventh Report on the United Nations Integrated Office in Burundi of 30 November 2010, the Secretary-General of the United Nations indicates that the reintegration of 626 children formerly associated with armed groups was successfully concluded on 31 July 2010 (S/2010/608, paragraph 48). Of these 626 children, over 104 have returned to school in their original communities and the others have been engaged in vocational training or income-generating activities.

However, the Committee notes that the Government representative at the Conference Committee on the Application of Standards indicated that combating poverty in Burundi was the basic problem preventing the successful social reintegration of demobilized child soldiers. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee strongly encourages the Government to continue adopting effective time-bound measures for the rehabilitation and social integration of children previously involved in armed conflict.

2. Commercial sexual exploitation. The Committee previously requested the Government to take the necessary measures for the removal of children under 18 years of age from prostitution and for their rehabilitation and social integration. The Committee notes that, in the context of the National Programme of Action for the Elimination of the Worst Forms of Child Labour (PAN), prepared in collaboration with ILO–IPEC for the period 2010–15, one of the objectives is to reduce the vulnerability of children to the worst forms of child labour through the implementation of community development programmes including, among other elements, education and socio-economic reintegration of children engaged in or removed from the worst forms of child labour. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have, in practice, been removed from this situation and provided with rehabilitation and social integration, particularly following the implementation of the PAN.

Clause (d). Children at special risk. Street children. The Committee noted previously that, in its report of 23 September 2005, the United Nations independent expert on the situation of human rights in Burundi had indicated that, according to some estimates, there were over 3,000 street children in the country (E/CN.4/2006/109, paragraph 55). It also noted that, in the report of 19 September 2006 of the independent expert on the situation of human rights in Burundi, the Secretary General of the United Nations had indicated that the numbers of street children were on the rise in Bujumbura (A/61/360, paragraph 79).

The Committee notes that the PAN has to be implemented so as to provide protection in particular for children in a situation of vulnerability. The Committee also notes that, in its concluding observations of 20 October 2010, the Committee on the Rights of the Child noted the efforts made by Burundi to address the widespread phenomenon of children in street situations through, inter alia, the establishment of centres for care, protection and reintegration of children in street situations (CRC/C/BDI/CO/2, paragraph 72). However, the Committee on the Rights of the Child expressed concern at the high number of children in street situations identified in the main towns, who are predominately children living in poverty and HIV/AIDS orphans.

In this regard, the Conference Committee on the Application of Standards also expressed its serious concern that the number of children working on the streets remained high and that these children were exposed to various forms of exploitation. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect them from the worst forms of child labour, to remove children from work in the streets and for their rehabilitation and social integration. It requests the Government to provide information on the impact of the PAN in this regard, as well as on the number of street children who are in practice removed from that situation and socially reintegrated through the action of protection and reintegration centres for street children.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its report, the Government indicates that during the period of the war the sale and trafficking of children occurred. Certain persons sent children to Europe under the pretext that they wished to send them away from the war and that they had found families to receive them in Europe. The Government adds that it took measures to discourage this practice and that it no longer occurs in the country. The Committee notes that the national legislation does not contain provisions prohibiting the sale and trafficking of children for economic or sexual exploitation. It reminds the Government that under Article 3(a) of the Convention, this phenomenon is considered to be one of the worst forms of child labour. The Committee requests the Government to indicate the measures taken to discourage this practice and it also requests the Government to take the necessary measures to ensure the prohibition and elimination of the sale and trafficking of children for economic and sexual exploitation, and to establish penalties for this purpose.

Clause (b). Use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee notes the information provided by the Government to the effect that cases of the use or offering of children for the production of pornography are rare. The Committee observes that the national legislation does not appear to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take the necessary immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures, in accordance with Article 3(b) of the Convention, to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It also requests the Government to establish penalties for this purpose.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous types of work. Own account workers. The Committee notes that sections 9–14 of Ordinance No. 630/1 of 5 January 1981 respecting child labour prohibit night work by any young person under 18 years of age, work which may exceed their strength, hazardous or unhealthy types of work and work of an immoral nature. In particular, it notes that section 13 of the Ordinance prohibits the employment of young persons under 18 years of age in work likely to harm their health or involving particular risks of accidents, and contains a detailed list of prohibited types of activity. The Committee notes that this prohibition does not apply to persons under 18 years of age without a contractual employment relationship. However, according to the information provided by the Government, in many households children are used for work which exceeds their strength and receive very low pay. Furthermore, according to the information contained in the provisional report of February 2004 on children in situations of the worst forms of work, provided by the Government, children are engaged in hazardous forms of work, such as work in mines and quarries. The Committee requests the Government to indicate the manner in which the national legislation provides that persons under 18 years of age without a contractual employment relationship are protected by Article 3(d) of the Convention against being engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of where hazardous types of work exist. In its report, the Government indicates that responsibility for identifying where types of work determined as being hazardous exist lies with the Labour and Social Security Inspectorate. However, figures are not available. The Committee hopes that these figures will be available in the near future and requests the Government to provide information in its next report. It also requests the Government to indicate whether, when identifying where hazardous types of work exist, the Labour and Social Security Inspectorate consulted employers’ and workers’ organizations, in accordance with this Article.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that, under the terms of section 156 of the Labour Code, the General Labour and Social Security Inspectorate is responsible for supervising the application of laws and regulations relating to the conditions of work and protection of workers, and for monitoring the implementation of the provisions of the Convention. It further notes that there is no specific inspection service for child labour. Consequently, there are no inspection reports on this subject, although it is possible that such reports may be produced in future. The Committee requests the Government to provide additional information on the functioning of the General Labour and Social Security Inspectorate. As Article 3(a)–(c) of the Convention relate to offences of a criminal nature, the Committee also requests the Government to indicate whether monitoring mechanisms in addition to the General labour and Social Security Inspectorate have been established to ensure the implementation of these provisions of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes that section 17 of Ordinance No. 630/1 of 5 January 1981 respecting child labour refers to the penalties in section 315(a) and (b) of the former Labour Code, which appear not to be contained in the 1993 Labour Code. It reminds the Government that under this provision of the Convention measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee requests the Government to establish sufficiently effective and dissuasive sanctions to be able to prosecute individuals who engage young persons under 18 years of age in hazardous types of work. It requests the Government to provide information in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. Child HIV/AIDS orphans. The Committee notes that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 120,000 children are HIV/AIDS orphans in Burundi. It notes the sectoral plan of action to combat HIV/AIDS in the working environment (2005–09). The Committee observes that one of the negative consequences of this epidemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Burundi. It further requests the Government to provide information on the measures adopted in the context of the sectoral plan of action to combat HIV/AIDS in the working environment to prevent its transmission within the population and to protect child HIV/AIDS orphans from the worst forms of child labour.

Article 8. Enhanced international cooperation. The Committee notes that Burundi is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat trafficking of children. It also notes that, according to the information contained in the ninth report of the Secretary-General on the United Nations Operation in Burundi of 18 December 2006 (S/2006/994), the Government has prepared a Poverty Reduction Strategy Paper (PRSP). Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the information contained in the provisional report of February 2004 on children in situations of the worst forms of child labour, provided by the Government, the worst forms of child labour exist under various forms in Burundi. The Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. In its comments under Convention No. 29, the Committee noted previously that the Committee on the Rights of the Child, in its concluding observations on the initial report of the Government (CRC/C/15/Add.133, October 2000), expressed concern at the use of children by the State as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed concern at the low minimum age for recruitment to the armed forces and at the widespread recruitment of children by opposition armed forces and the sexual exploitation of children by members of the armed forces. Moreover, the Committee of Experts noted that in March 2003 the International Trade Union Confederation (ITUC) made comments on the application of the Convention confirming the use of child soldiers by the armed forces.

The Committee noted that, in its comments, the COSYBU indicates that armed conflicts persist, maintained by the Partie pour la libération du peuple Hutu/Forces nationales pour la liberation of Agathon Rwasa (PALIPEHUTU/FNL) and that children continue to be enrolled. It also noted the information provided by the Government in reply to COSYBU’s comments according to which, following the signature of the Arusha Peace and Reconciliation Agreement in August 2000 and the Comprehensive Ceasefire Agreement signed with the Conseil national pour la défense de la démocratie/Forces pour la défense de la démocratie (CNDD/FDD) of Pierre Nkurunziza, the phenomenon of children being used in armed conflict has almost ended and the integration of these children into social and economic life is continuing. The Government added that the forced recruitment of children for use in armed conflict is the worst form of child labour observed most commonly in Burundi. However, considering the relative calm that was being experienced over most of the national territory, it had launched the implementation of a vast programme for the demobilization and reintegration of former combatants through three organizations, namely: the National Commission for Demobilization, Reinsertion and Reintegration (CNDRR), the National Structure for Child Soldiers (SEN) and the ILO–IPEC project on the “Prevention and reintegration of children involved in armed conflicts: An interregional programme”. Furthermore, according to the Government, all children had been demobilized except those used by the armed movement FNL (Front national de liberation) of Agathon Rwasa, which has not yet laid down its arms.

The Committee noted that, in his Report on Children and Armed Conflicts in Burundi of 27 October 2006 (S/2006/851), the United Nations Secretary-General indicated that, despite the substantial progress achieved in addressing the grave violations of children’s rights, violations are still occurring and the competent authorities have not always conducted criminal investigations nor punished those responsible. During the period from August 2005 to September 2006, the United Nations Operation in Burundi (UNOB) identified over 300 cases of child victims of grave violations, perpetrated mainly by members of the FNL and FND troops, including the murder and mutilation of children, serious sexual violence and the recruitment and use of children in armed groups and forces, with an increase of this latter violation being noted (paragraph 25). The Secretary-General added that the authorities have not yet adopted national legislation to criminalize the recruitment and use of child soldiers (paragraph 36). Furthermore, according to the information contained in the Report of the Secretary-General of 27 October 2006, a ceasefire agreement was signed between the Government and Agathon Rwasa’s FNL, the last active rebel movement, on 7 September 2006 (paragraph 5). Nevertheless, in his ninth report on the United Nations Operation in Burundi of 18 December 2006 (S/2006/994), the Secretary-General indicated that the implementation of the Comprehensive Ceasefire Agreement had remained stalled since its signature (paragraphs 1 and 2).

The Committee noted that, in the information provided under Convention No. 29, the Government indicated that the minimum age for enrolment in the armed forces of Burundi has been increased from 16 to 18 years. It also noted that, according to the information contained on the Internet site of the Special Representative of the Secretary-General for Children and Armed Conflict (www.un.org/children/conflict/english/home6.html), following her visit to the country, the Government of Burundi had made progress in the protection of children affected by conflict. In this respect, the Committee noted that the Penal Code had been amended to bring its provisions into harmony with the international instruments on human rights ratified by Burundi and that the proposed changes include provisions relating to the protection of children and against war crimes. The Penal Code now provides that the recruitment of children under 16 years of age in armed conflicts constitutes a war crime. The Committee reminds the Government that under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour. It therefore once again requests the Government to take measures as a matter of urgency to amend the national legislation and prohibit the forced recruitment of young persons under 18 years of age for use in armed conflict, either in the national armed forces or in rebel groups, and to provide information in this respect.

The Committee noted that, despite the measures adopted by the Government, the forced recruitment of children for use in armed conflicts still occurs and that the situation in Burundi remains fragile. It expressed great concern at the current situation, particularly since the persistence of this worst form of child labour gives rise to other violations of the rights of the child, such as the murder and mutilation of children and sexual violence. In this respect, the Committee refers to the Report of the Secretary-General on Children and Armed Conflict in Burundi and once again requests the Government to take all the necessary measures to continue negotiations with a view to reaching a definitive peace agreement, putting an end unconditionally to the recruitment of children and undertaking the immediate and complete demobilization of all children. Finally, with reference to the Security Council which, in resolution 1612 of 26 July 2005, recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee once again urges the Government to ensure that sufficiently effective and dissuasive penalties are imposed on persons found guilty of enrolling or using young persons under 18 years of age in armed conflict.

Clause (b). Use, procuring or offering of children for prostitution. In its communication, the COSYBU indicated that the extreme poverty of the population encourages parents to allow their children to engage in prostitution. In its report, the Government indicated that cases of the use of children for prostitution have been reported in the popular districts of the municipality of Bujumbura (Bwiza and Buyenzi). However, the juvenile police reacted rapidly and eradicated this phenomenon, with penalties being imposed on persons who recruited children for prostitution. The Committee noted that, in the report of 19 September 2006 of the United Nations independent expert on the situation of human rights in Burundi (A/61/360), the Secretary-General indicated that more and more children are victims of sexual violence (paragraph 82). The Committee noted that sections 372 and 373 of the Penal Code penalize the use, procuring or offering of children who are minors for prostitution, even with their consent. The Committee noted that, even though the national legislation prohibits this worst form of child labour, the use, procuring or offering of children for prostitution remains a problem in practice. It once again requests the Government to renew its efforts to implement these provisions effectively in practice and to ensure the protection of young persons under 18 years of age against prostitution. The Committee once again requests the Government to provide information in this respect, including reports on the number of convictions. It also requests the Government to indicate whether the national legislation contains provisions criminalizing the client in the event of prostitution.

Clause (c). Use, procuring or offering of children for illicit activities. Street children. In its communication, the COSYBU indicated that the extreme poverty of the population drives parents to allow their children to engage in begging. In his Report on Children and Armed Conflict in Burundi of 27 October 2006 (S/2006/851), the Secretary-General indicated that UNOB and its partner child protection agencies have received information on the recruitment of from three to ten male children per month, including street children in Bujumbura Mairie Province (paragraph 25). As the national legislation does not appear to regulate this activity, the Committee expresses grave concern at the increase in street children who are exposed to numerous risks, including being used or recruited for armed conflict or other illicit activities. It reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee once again requests the Government to take the necessary measures to protect street children and to prohibit in the national legislation the use, procuring or offering of children for illicit activities. It also requests the Government to establish penalties for this purpose.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and providing for their rehabilitation and social integration. Child soldiers. The Committee noted with interest that the Government is participating in the ILO–IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also includes the Congo, Rwanda, the Democratic Republic of the Congo, the Philippines, Sri Lanka and Colombia. The objective of the programme is to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration. The Committee noted the detailed information provided by the Government in its report on the measures that it has taken with organizations to prevent the recruitment of children in armed conflict or to remove them from this worst form of child labour. It noted that, in the context of the ILO–IPEC interregional project, over 15 programmes of action have been implemented and that around 1,440 children have been demobilized in the areas covered by the project. The Committee further noted that, in his ninth report on the United Nations Operation in Burundi of 18 December 2006 (S/2006/994), the Secretary-General indicates that, since November 2003, the United Nations project for the demobilization, reintegration and prevention of the recruitment of children associated with armed forces and groups has freed and reintegrated 3,015 children (paragraph 27). It further noted that the National Structure for Child Soldiers is a project for the demobilization, reintegration and prevention of the recruitment of child soldiers which has been in operation since 2003. In the context of this programme, 1,932 children had been demobilized.

The Committee noted that the Ministry of National Solidarity, Human Rights and Gender has signed a memorandum of understanding with the Executive Secretariat of the NCDRR. In the context of this agreement, measures are adopted at different levels to raise the awareness of the various target groups with regard to the problem of recruitment (members of military forces, combatants, parents, young persons, the civil administration, civil society, NGOs and politicians) and to institutionalize training on the rights and protection of the child in armed conflicts within the training structures of the national army. Furthermore, children who had been demobilized and were exposed to the risk of being recruited once again are monitored. The Committee encouraged the Government to continue collaborating with the various bodies involved in the process of disarmament, demobilization and reintegration with a view to removing children from armed forces and groups. It once again requests the Government to provide information on the impact of the measures adopted in the context of the implementation of the ILO–IPEC interregional programme on the prevention and reintegration of children involved in armed conflict with a view to preventing children from being enrolled in armed conflict and to remove them from this worst form of child labour. The Committee also requests the Government to provide information on the time-bound measures adopted for the rehabilitation and social integration of children who are in practice removed from armed forces or groups.

Sexual exploitation. Considering that a number of children are the victims of sexual exploitation as noted under Article 3(b), the Committee requests the Government to take the necessary measures to remove young persons under 18 years of age from prostitution. It also requests the Government to envisage measures to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee took note of the information provided by the Government to the effect that, during the 2004–05 school year, a total of 485 former child soldiers were reintegrated into primary school, 99 were oriented towards secondary school, 79 in technical training centres and 74 in training from craft workers. It once again strongly encourages the Government to pursue its efforts to provide access to basic education or vocational training to children removed from armed conflict. The Committee requests the Government to continue providing information on this subject.

Clause (d). Children at special risk. Street children. The Committee noted that in his report of 23 September 2005 (E/CN.4/2006/109), the United Nations independent expert on the human rights situation in Burundi indicates that the situation of children in the country remains extremely worrying. Children are affected not only by the continuing conflict, but also by the deteriorating economic situation (paragraph 55). According to some estimates, there are over 3,000 street children in the country. It also noted that, in the report of 19 September 2006 of the independent expert on the situation of human rights in Burundi (A/61/360), the Secretary-General indicates that the phenomenon of street children is on the rise in Bujumbura and that a programme aimed at curbing the trend has been elaborated and includes aspects relating to prevention, assistance and reintegration (paragraph 79). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee once again encourages the Government to pursue its efforts to protect them from these worst forms. It also requests the Government to provide information on the measures adopted in the context of the programme to bring an end to this phenomenon, particularly with regard to measures for their rehabilitation and social integration.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (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 matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its report, the Government indicates that during the period of the war the sale and trafficking of children occurred. Certain persons sent children to Europe under the pretext that they wished to send them away from the war and that they had found families to receive them in Europe. The Government adds that it took measures to discourage this practice and that it no longer occurs in the country. The Committee notes that the national legislation does not contain provisions prohibiting the sale and trafficking of children for economic or sexual exploitation. It reminds the Government that under Article 3(a) of the Convention, this phenomenon is considered to be one of the worst forms of child labour. The Committee requests the Government to indicate the measures taken to discourage this practice and it also requests the Government to take the necessary measures to ensure the prohibition and elimination of the sale and trafficking of children for economic and sexual exploitation, and to establish penalties for this purpose.

Clause (b). Use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee notes the information provided by the Government to the effect that cases of the use or offering of children for the production of pornography are rare. The Committee observes that the national legislation does not appear to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take the necessary immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures, in accordance with Article 3(b) of the Convention, to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It also requests the Government to establish penalties for this purpose.

Article 3(d) and Article 4, paragraph 1. Hazardous types of work. Own account workers. The Committee notes that sections 9–14 of Ordinance No. 630/1 of 5 January 1981 respecting child labour prohibit night work by any young person under 18 years of age, work which may exceed their strength, hazardous or unhealthy types of work and work of an immoral nature. In particular, it notes that section 13 of the Ordinance prohibits the employment of young persons under 18 years of age in work likely to harm their health or involving particular risks of accidents, and contains a detailed list of prohibited types of activity. The Committee notes that this prohibition does not apply to persons under 18 years of age without a contractual employment relationship. However, according to the information provided by the Government, in many households children are used for work which exceeds their strength and receive very low pay. Furthermore, according to the information contained in the provisional report of February 2004 on children in situations of the worst forms of work, provided by the Government, children are engaged in hazardous forms of work, such as work in mines and quarries. The Committee requests the Government to indicate the manner in which the national legislation provides that persons under 18 years of age without a contractual employment relationship are protected by Article 3(d) of the Convention against being engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of where hazardous types of work exist. In its report, the Government indicates that responsibility for identifying where types of work determined as being hazardous exist lies with the Labour and Social Security Inspectorate. However, figures are not available. The Committee hopes that these figures will be available in the near future and requests the Government to provide information in its next report. It also requests the Government to indicate whether, when identifying where hazardous types of work exist, the Labour and Social Security Inspectorate consulted employers’ and workers’ organizations, in accordance with this Article.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that, under the terms of section 156 of the Labour Code, the General Labour and Social Security Inspectorate is responsible for supervising the application of laws and regulations relating to the conditions of work and protection of workers, and for monitoring the implementation of the provisions of the Convention. It further notes that there is no specific inspection service for child labour. Consequently, there are no inspection reports on this subject, although it is possible that such reports may be produced in future. The Committee requests the Government to provide additional information on the functioning of the General Labour and Social Security Inspectorate. As Article 3(a)–(c) of the Convention relate to offences of a criminal nature, the Committee also requests the Government to indicate whether monitoring mechanisms in addition to the General labour and Social Security Inspectorate have been established to ensure the implementation of these provisions of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes that section 17 of Ordinance No. 630/1 of 5 January 1981 respecting child labour refers to the penalties in section 315(a) and (b) of the former Labour Code, which appear not to be contained in the 1993 Labour Code. It reminds the Government that under this provision of the Convention measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee requests the Government to establish sufficiently effective and dissuasive sanctions to be able to prosecute individuals who engage young persons under 18 years of age in hazardous types of work. It requests the Government to provide information in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. Child HIV/AIDS orphans. The Committee notes that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 120,000 children are HIV/AIDS orphans in Burundi. It notes the sectoral plan of action to combat HIV/AIDS in the working environment (2005–09). The Committee observes that one of the negative consequences of this epidemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Burundi. It further requests the Government to provide information on the measures adopted in the context of the sectoral plan of action to combat HIV/AIDS in the working environment to prevent its transmission within the population and to protect child HIV/AIDS orphans from the worst forms of child labour.

Article 8. Enhanced international cooperation. The Committee notes that Burundi is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat trafficking of children. It also notes that, according to the information contained in the ninth report of the Secretary-General on the United Nations Operation in Burundi of 18 fDecember 2006 (S/2006/994), the Government has prepared a Poverty Reduction Strategy Paper (PRSP). Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the information contained in the provisional report of February 2004 on children in situations of the worst forms of child labour, provided by the Government, the worst forms of child labour exist under various forms in Burundi. The Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. In its comments under Convention No. 29, the Committee noted previously that the Committee on the Rights of the Child, in its concluding observations on the initial report of the Government (CRC/C/15/Add.133, October 2000), expressed concern at the use of children by the State as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed concern at the low minimum age for recruitment to the armed forces and at the widespread recruitment of children by opposition armed forces and the sexual exploitation of children by members of the armed forces. Moreover, the Committee of Experts noted that in March 2003 the International Trade Union Confederation (ITUC) made comments on the application of the Convention confirming the use of child soldiers by the armed forces.

The Committee noted that, in its comments, the COSYBU indicates that armed conflicts persist, maintained by the Partie pour la libération du peuple Hutu/Forces nationales pour la liberation of Agathon Rwasa (PALIPEHUTU/FNL) and that children continue to be enrolled. It also noted the information provided by the Government in reply to COSYBU’s comments according to which, following the signature of the Arusha Peace and Reconciliation Agreement in August 2000 and the Comprehensive Ceasefire Agreement signed with the Conseil national pour la défense de la démocratie/Forces pour la défense de la démocratie (CNDD/FDD) of Pierre Nkurunziza, the phenomenon of children being used in armed conflict has almost ended and the integration of these children into social and economic life is continuing. The Government adds that the forced recruitment of children for use in armed conflict is the worst form of child labour observed most commonly in Burundi. However, considering the relative calm that is being experienced over most of the national territory, it has launched the implementation of a vast programme for the demobilization and reintegration of former combatants through three organizations, namely: the National Commission for Demobilization, Reinsertion and Reintegration (CNDRR), the National Structure for Child Soldiers (SEN) and the ILO–IPEC project on the “Prevention and reintegration of children involved in armed conflicts: An interregional programme”. Furthermore, according to the Government, all children have been demobilized except those used by the armed movement FNL (Front national de libération) of Agathon Rwasa, which has not yet laid down its arms.

The Committee noted that, in his Report on Children and Armed Conflicts in Burundi of 27 October 2006 (S/2006/851), the United Nations Secretary-General indicates that, despite the substantial progress achieved in addressing the grave violations of children’s rights, violations are still occurring and the competent authorities have not always conducted criminal investigations nor punished those responsible. During the period from August 2005 to September 2006, the United Nations Operation in Burundi (UNOB) identified over 300 cases of child victims of grave violations, perpetrated mainly by members of the FNL and FND troops, including the murder and mutilation of children, serious sexual violence and the recruitment and use of children in armed groups and forces, with an increase of this latter violation being noted (paragraph 25). The Secretary-General adds that the authorities have not yet adopted national legislation to criminalize the recruitment and use of child soldiers (paragraph 36). Furthermore, according to the information contained in the Report of the Secretary-General of 27 October 2006, a ceasefire agreement was signed between the Government and Agathon Rwasa’s FNL, the last active rebel movement, on 7 September 2006 (paragraph 5). Nevertheless, in his ninth report on the United Nations Operation in Burundi of 18 December 2006 (S/2006/994), the Secretary-General indicates that the implementation of the Comprehensive Ceasefire Agreement has remained stalled since its signature (paragraphs 1 and 2).

The Committee noted that, in the information provided under Convention No. 29, the Government indicates that the minimum age for enrolment in the armed forces of Burundi has been increased from 16 to 18 years. It also noted that, according to the information contained on the Internet site of the Special Representative of the Secretary-General for Children and Armed Conflict (http://www.un.org/children/conflict/english/home6.html), following her visit to the country, the Government of Burundi has made progress in the protection of children affected by conflict. In this respect, the Committee noted that the Penal Code has been amended to bring its provisions into harmony with the international instruments on human rights ratified by Burundi and that the proposed changes include provisions relating to the protection of children and against war crimes. The Penal Code now provides that the recruitment of children under 16 years of age in armed conflicts constitutes a war crime. The Committee reminds the Government that under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour. It therefore requests the Government to take measures as a matter of urgency to amend the national legislation and prohibit the forced recruitment of young persons under 18 years of age for use in armed conflict, either in the national armed forces or in rebel groups, and to provide information in this respect.

The Committee noted that, despite the measures adopted by the Government, the forced recruitment of children for use in armed conflicts still occurs and that the situation in Burundi remains fragile. It expressed great concern at the current situation, particularly since the persistence of this worst form of child labour gives rise to other violations of the rights of the child, such as the murder and mutilation of children and sexual violence. In this respect, the Committee refers to the Report of the Secretary-General on Children and Armed Conflict in Burundi and requests the Government to take all the necessary measures to continue negotiations with a view to reaching a definitive peace agreement, putting an end unconditionally to the recruitment of children and undertaking the immediate and complete demobilization of all children. Finally, with reference to the Security Council which, in resolution 1612 of 26 July 2005, recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to ensure that sufficiently effective and dissuasive penalties are imposed on persons found guilty of enrolling or using young persons under 18 years of age in armed conflict.

Clause (b). Use, procuring or offering of children for prostitution. In its communication, the COSYBU indicated that the extreme poverty of the population encourages parents to allow their children to engage in prostitution. In its report, the Government indicated that cases of the use of children for prostitution have been reported in the popular districts of the municipality of Bujumbura (Bwiza and Buyenzi). However, the juvenile police reacted rapidly and eradicated this phenomenon, with penalties being imposed on persons who recruited children for prostitution. The Committee noted that, in the report of 19 September 2006 of the United Nations independent expert on the situation of human rights in Burundi (A/61/360), the Secretary-General indicated that more and more children are victims of sexual violence (paragraph 82). The Committee noted that sections 372 and 373 of the Penal Code penalize the use, procuring or offering of children who are minors for prostitution, even with their consent. The Committee noted that, even though the national legislation prohibits this worst form of child labour, the use, procuring or offering of children for prostitution remains a problem in practice. It requests the Government to renew its efforts to implement these provisions effectively in practice and to ensure the protection of young persons under 18 years of age against prostitution. The Committee requests the Government to provide information in this respect, including reports on the number of convictions. It also requests the Government to indicate whether the national legislation contains provisions criminalizing the client in the event of prostitution.

Clause (c). Use, procuring or offering of children for illicit activities. Street children. In its communication, the COSYBU indicated that the extreme poverty of the population drives parents to allow their children to engage in begging. In his Report on Children and Armed Conflict in Burundi of 27 October 2006 (S/2006/851), the Secretary-General indicated that UNOB and its partner child protection agencies have received information on the recruitment of from three to ten male children per month, including street children in Bujumbura Mairie Province (paragraph 2 5). As the national legislation does not appear to regulate this activity, the Committee expresses grave concern at the increase in street children who are exposed to numerous risks, including being used or recruited for armed conflict or other illicit activities. It reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures to protect street children and to prohibit in the national legislation the use, procuring or offering of children for illicit activities. It also requests the Government to establish penalties for this purpose.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and providing for their rehabilitation and social integration. 1. Child soldiers. The Committee noted with interest that the Government is participating in the ILO–IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also includes the Congo, Rwanda, the Democratic Republic of the Congo, the Philippines, Sri Lanka and Colombia. The objective of the programme is to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration. The Committee noted the detailed information provided by the Government in its report on the measures that it has taken with organizations to prevent the recruitment of children in armed conflict or to remove them from this worst form of child labour. It noted that, in the context of the ILO–IPEC interregional project, over 15 programmes of action have been implemented and that around 1,440 children have been demobilized in the areas covered by the project. The Committee further noted that, in his ninth report on the United Nations Operation in Burundi of 18 December 2006 (S/2006/994), the Secretary-General indicates that, since November 2003, the United Nations project for the demobilization, reintegration and prevention of the recruitment of children associated with armed forces and groups has freed and reintegrated 3,015 children (paragraph 27). It further noted that the National Structure for Child Soldiers is a project for the demobilization, reintegration and prevention of the recruitment of child soldiers which has been in operation since 2003. In the context of this programme, 1,932 children had been demobilized.

The Committee noted that the Ministry of National Solidarity, Human Rights and Gender has signed a memorandum of understanding with the Executive Secretariat of the NCDRR. In the context of this agreement, measures are adopted at different levels to raise the awareness of the various target groups with regard to the problem of recruitment (members of military forces, combatants, parents, young persons, the civil administration, civil society, NGOs and politicians) and to institutionalize training on the rights and protection of the child in armed conflicts within the training structures of the national army. Furthermore, children who had been demobilized and were exposed to the risk of being recruited once again are monitored. The Committee encouraged the Government to continue collaborating with the various bodies involved in the process of disarmament, demobilization and reintegration with a view to removing children from armed forces and groups. It requests the Government to provide information on the impact of the measures adopted in the context of the implementation of the ILO–IPEC interregional programme on the prevention and reintegration of children involved in armed conflict with a view to preventing children from being enrolled in armed conflict and to remove them from this worst form of child labour. The Committee also requests the Government to provide information on the time-bound measures adopted for the rehabilitation and social integration of children who are in practice removed from armed forces or groups.

2. Sexual exploitation. Considering that a number of children are the victims of sexual exploitation as noted under Article 3(b), the Committee requests the Government to take the necessary measures to remove young persons under 18 years of age from prostitution. It also requests the Government to envisage measures to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee took note of the information provided by the Government to the effect that, during the 2004–05 school year, a total of 485 former child soldiers were reintegrated into primary school, 99 were oriented towards secondary school, 79 in technical training centres and 74 in training from craft workers. It once again strongly encourages the Government to pursue its efforts to provide access to basic education or vocational training to children removed from armed conflict. The Committee requests the Government to continue providing information on this subject.

Clause (d). Children at special risk. Street children. The Committee noted that in his report of 23 September 2005 (E/CN.4/2006/109), the United Nations independent expert on the human rights situation in Burundi indicates that the situation of children in the country remains extremely worrying. Children are affected not only by the continuing conflict, but also by the deteriorating economic situation (paragraph 55). According to some estimates, there are over 3,000 street children in the country. It also noted that, in the report of 19 September 2006 of the independent expert on the situation of human rights in Burundi (A/61/360), the Secretary-General indicates that the phenomenon of street children is on the rise in Bujumbura and that a programme aimed at curbing the trend has been elaborated and includes aspects relating to prevention, assistance and reintegration (paragraph 79). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee once again encourages the Government to pursue its efforts to protect them from these worst forms. It also requests the Government to provide information on the measures adopted in the context of the programme to bring an end to this phenomenon, particularly with regard to measures for their rehabilitation and social integration.

The Committee is also addressing a direct request to the Government concerning other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its report, the Government indicates that during the period of the war the sale and trafficking of children occurred. Certain persons sent children to Europe under the pretext that they wished to send them away from the war and that they had found families to receive them in Europe. The Government adds that it took measures to discourage this practice and that it no longer occurs in the country. The Committee notes that the national legislation does not contain provisions prohibiting the sale and trafficking of children for economic or sexual exploitation. It reminds the Government that under Article 3(a) of the Convention, this phenomenon is considered to be one of the worst forms of child labour. The Committee requests the Government to indicate the measures taken to discourage this practice and it also requests the Government to take the necessary measures to ensure the prohibition and elimination of the sale and trafficking of children for economic and sexual exploitation, and to establish penalties for this purpose.

Clause (b). Use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee notes the information provided by the Government to the effect that cases of the use or offering of children for the production of pornography are rare. The Committee observes that the national legislation does not appear to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take the necessary immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures, in accordance with Article 3(b) of the Convention, to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It also requests the Government to establish penalties for this purpose.

Article 3(d) and Article 4, paragraph 1. Hazardous types of work. Own‑account workers. The Committee notes that sections 9–14 of Ordinance No. 630/1 of 5 January 1981 respecting child labour prohibit night work by any young person under 18 years of age, work which may exceed their strength, hazardous or unhealthy types of work and work of an immoral nature. In particular, it notes that section 13 of the Ordinance prohibits the employment of young persons under 18 years of age in work likely to harm their health or involving particular risks of accidents, and contains a detailed list of prohibited types of activity. The Committee notes that this prohibition does not apply to persons under 18 years of age without a contractual employment relationship. However, according to the information provided by the Government, in many households children are used for work which exceeds their strength and receive very low pay. Furthermore, according to the information contained in the provisional report of February 2004 on children in situations of the worst forms of work, provided by the Government, children are engaged in hazardous forms of work, such as work in mines and quarries. The Committee requests the Government to indicate the manner in which the national legislation provides that persons under 18 years of age without a contractual employment relationship are protected by Article 3(d) of the Convention against being engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of where hazardous types of work exist In its report, the Government indicates that responsibility for identifying where types of work determined as being hazardous exist lies with the Labour and Social Security Inspectorate. However, figures are not available. The Committee hopes that these figures will be available in the near future and requests the Government to provide information in its next report. It also requests the Government to indicate whether, when identifying where hazardous types of work exist, the Labour and Social Security Inspectorate consulted employers’ and workers’ organizations, in accordance with this Article.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that, under the terms of section 156 of the Labour Code, the General Labour and Social Security Inspectorate is responsible for supervising the application of laws and regulations relating to the conditions of work and protection of workers, and for monitoring the implementation of the provisions of the Convention. It further notes that there is no specific inspection service for child labour. Consequently, there are no inspection reports on this subject, although it is possible that such reports may be produced in future. The Committee requests the Government to provide additional information on the functioning of the General Labour and Social Security Inspectorate. As Article 3(a)–(c) of the Convention relate to offences of a criminal nature, the Committee also requests the Government to indicate whether monitoring mechanisms in addition to the General labour and Social Security Inspectorate have been established to ensure the implementation of these provisions of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes that section 17 of Ordinance No. 630/1 of 5 January 1981 respecting child labour refers to the penalties in section 315(a) and (b) of the former Labour Code, which appear not to be contained in the 1993 Labour Code. It reminds the Government that under this provision of the Convention measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee requests the Government to establish sufficiently effective and dissuasive sanctions to be able to prosecute individuals who engage young persons under 18 years of age in hazardous types of work. It requests the Government to provide information in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. Child HIV/AIDS orphans. The Committee notes that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 120,000 children are HIV/AIDS orphans in Burundi. It notes the sectoral plan of action to combat HIV/AIDS in the working environment
(2005–09). The Committee observes that one of the negative consequences of this epidemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Burundi. It further requests the Government to provide information on the measures adopted in the context of the sectoral plan of action to combat HIV/AIDS in the working environment to prevent its transmission within the population and to protect child HIV/AIDS orphans from the worst forms of child labour.

Article 8. Enhanced international cooperation. The Committee notes that Burundi is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat trafficking of children. It also notes that, according to the information contained in the ninth report of the Secretary-General on the United Nations Operation in Burundi of 18 December 2006 (S/2006/994), the Government has prepared a Poverty Reduction Strategy Paper (PRSP). Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the information contained in the provisional report of February 2004 on children in situations of the worst forms of child labour, provided by the Government, the worst forms of child labour exist under various forms in Burundi. The Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s first report. It also notes the comments made by the Confederation of Burundi Trade Unions (COSYBU), dated 30 August 2005, and the Government’s reply. Furthermore, with reference to its comments under the Forced Labour Convention, 1930 (No. 29), concerning the recruitment of children for use in armed conflict and the commercial sexual exploitation of children and because the Worst Forms of Child Labour Convention, 1999 (No. 182), addresses these forms of child labour, the Committee considers that the comments under Convention No. 29 may be examined under Convention No. 182.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. In its comments under Convention No. 29, the Committee noted previously that the Committee on the Rights of the Child, in its concluding observations on the initial report of the Government (CRC/C/15/Add.133, October 2000), expressed concern at the use of children by the State as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed concern at the low minimum age for recruitment to the armed forces and at the widespread recruitment of children by opposition armed forces and the sexual exploitation of children by members of the armed forces. Moreover, the Committee of Experts noted that in March 2003 the International Trade Union Confederation (ITUC) made comments on the application of the Convention confirming the use of child soldiers by the armed forces.

The Committee notes that, in its comments, the COSYBU indicates that armed conflicts persist, maintained by the Partie pour la libération du peuple Hutu/Forces nationales pour la liberation of Agathon Rwasa (PALIPEHUTU/FNL) and that children continue to be enrolled. It also notes the information provided by the Government in reply to COSYBU’s comments according to which, following the signature of the Arusha Peace and Reconciliation Agreement in August 2000 and the Comprehensive Ceasefire Agreement signed with the Conseil national pour la défense de la démocratie/Forces pour la défense de la démocratie (CNDD/FDD) of Pierre Nkurunziza, the phenomenon of children being used in armed conflict has almost ended and the integration of these children into social and economic life is continuing. The Government adds that the forced recruitment of children for use in armed conflict is the worst form of child labour observed most commonly in Burundi. However, considering the relative calm that is being experienced over most of the national territory, it has launched the implementation of a vast programme for the demobilization and reintegration of former combatants through three organizations, namely: the National Commission for Demobilization, Reinsertion and Reintegration (CNDRR), the National Structure for Child Soldiers (SEN) and the ILO/IPEC project on the “Prevention and reintegration of children involved in armed conflicts: An interregional programme”. Furthermore, according to the Government, all children have been demobilized except those used by the armed movement FNL (Front national de libération) of Agathon Rwasa, which has not yet laid down its arms.

The Committee notes that, in his Report on Children and Armed Conflicts in Burundi of 27 October 2006 (S/2006/851), the United Nations Secretary-General indicates that, despite the substantial progress achieved in addressing the grave violations of children’s rights, violations are still occurring and the competent authorities have not always conducted criminal investigations nor punished those responsible. During the period from August 2005 to September 2006, the United Nations Operation in Burundi (UNOB) identified over 300 cases of child victims of grave violations, perpetrated mainly by members of the FNL and FND troops, including the murder and mutilation of children, serious sexual violence and the recruitment and use of children in armed groups and forces, with an increase of this latter violation being noted (paragraph 25). The Secretary-General adds that the authorities have not yet adopted national legislation to criminalize the recruitment and use of child soldiers (paragraph 36). Furthermore, according to the information contained in the Report of the Secretary-General of 27 October 2006, a ceasefire agreement was signed between the Government and Agathon Rwasa’s FNL, the last active rebel movement, on 7 September 2006 (paragraph 5). Nevertheless, in his ninth report on the United Nations Operation in Burundi of 18 December 2006 (S/2006/994), the Secretary-General indicates that the implementation of the Comprehensive Ceasefire Agreement has remained stalled since its signature (paragraphs 1 and 2).

The Committee notes that, in the information provided under Convention No. 29, the Government indicates that the minimum age for enrolment in the armed forces of Burundi has been increased from 16 to 18 years. It also notes that, according to the information contained on the Internet site of the Special Representative of the Secretary-General for Children and Armed Conflict (http://www.un.org/children/conflict/english/home6.html), following her visit to the country, the Government of Burundi has made progress in the protection of children affected by conflict. In this respect, the Committee notes that the Penal Code has been amended to bring its provisions into harmony with the international instruments on human rights ratified by Burundi and that the proposed changes include provisions relating to the protection of children and against war crimes. The Penal Code now provides that the recruitment of children under 16 years of age in armed conflicts constitutes a war crime. The Committee reminds the Government that under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour. It therefore requests the Government to take measures as a matter of great urgency to amend the national legislation and prohibit the forced recruitment of young persons under 18 years of age for use in armed conflict, either in the national armed forces or in rebel groups, and to provide information in this respect.

The Committee notes that, despite the measures adopted by the Government, the forced recruitment of children for use in armed conflicts still occurs and that the situation in Burundi remains fragile. It expresses great concern at the current situation, particularly since the persistence of this worst form of child labour gives rise to other violations of the rights of the child, such as the murder and mutilation of children and sexual violence. In this respect, the Committee refers to the Report of the Secretary-General on Children and Armed Conflict in Burundi and requests the Government to take all the necessary measures to continue negotiations with a view to reaching a definitive peace agreement, putting an end unconditionally to the recruitment of children and undertaking the immediate and complete demobilization of all children. Finally, with reference to the Security Council which, in resolution 1612 of 26 July 2005, recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to convict and impose sufficiently and dissuasive penalties on persons found guilty of enrolling or using young persons under 18 years of age in armed conflict.

Clause (b). Use, procuring or offering of children for prostitution. In its communication, the COSYBU indicates that the extreme poverty of the population encourages parents to allow their children to engage in prostitution. In its report, the Government indicates that cases of the use of children for prostitution have been reported in the popular districts of the municipality of Bujumbura (Bwiza and Buyenzi). However, the juvenile police reacted rapidly and eradicated this phenomenon, with penalties being imposed on persons who recruited children for prostitution. The Committee notes that, in the report of 19 September 2006 of the United Nations independent expert on the situation of human rights in Burundi (A/61/360), the Secretary-General indicates that more and more children are victims of sexual violence (paragraph 82). The Committee notes that sections 372 and 373 of the Penal Code penalize the use, procuring or offering of children who are minors for prostitution, even with their consent. The Committee notes that, even though the national legislation prohibits this worst form of child labour, the use, procuring or offering of children for prostitution remains a problem in practice. It requests the Government to renew its efforts to implement these provisions effectively in practice and to ensure the protection of young persons under 18 years of age against prostitution. The Committee requests the Government to provide information in this respect, including reports on the number of convictions. It also requests the Government to indicate whether the national legislation contains provisions criminalizing the client in the event of prostitution.

Clause (c). Use, procuring or offering of children for illicit activities. Street children. In its communication, the COSYBU indicates that the extreme poverty of the population drives parents to allow their children to engage in begging. In his Report on Children and Armed Conflict in Burundi of 27 October 2006 (S/2006/851), the Secretary-General indicates that UNOB and its partner child protection agencies have received information on the recruitment of from three to ten male children per month, including street children in Bujumbura Mairie Province (paragraph 2 5). As the national legislation does not appear to regulate this activity, the Committee expresses grave concern at the increase in street children who are exposed to numerous risks, including being used or recruited for armed conflict or other illicit activities. It reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures to protect street children and to establish the prohibition in the national legislation of their use, procuring or offering for illicit activities. It also requests the Government to establish penalties for this purpose.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and providing for their rehabilitation and social integration. 1. Child soldiers. The Committee notes with interest that the Government is participating in the ILO/IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also includes the Congo, Rwanda, the Democratic Republic of the Congo, the Philippines, Sri Lanka and Colombia. The objective of the programme is to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration. The Committee notes the detailed information provided by the Government in its report on the measures that it has taken with organizations to prevent the recruitment of children in armed conflict or to remove them from this worst form of child labour. It notes that, in the context of the ILO/IPEC interregional project, over 15 programmes of action have been implemented and that around 1,440 children have been demobilized in the areas covered by the project. The Committee further notes that, in his ninth report on the United Nations Operation in Burundi of 18 December 2006 (S/2006/994), the Secretary-General indicates that, since November 2003, the United Nations project for the demobilization, reintegration and prevention of the recruitment of children associated with armed forces and groups has freed and reintegrated 3,015 children (paragraph 27). It further notes that the National Structure for Child Soldiers is a project for the demobilization, reintegration and prevention of the recruitment of child soldiers which has been in operation since 2003. Up to now, 1,932 children have been demobilized in the context of this programme.

The Committee notes that the Ministry of National Solidarity, Human Rights and Gender has signed a memorandum of understanding with the Executive Secretariat of the NCDRR. In the context of this agreement, measures are adopted at different levels to raise the awareness of the various target groups with regard to the problem of recruitment (members of military forces, combatants, parents, young persons, the civil administration, civil society, NGOs and politicians) and to institutionalize training on the rights and protection of the child in armed conflicts within the training structures of the national army. Furthermore, children who have been demobilized and are exposed to the risk of being recruited once again are monitored. The Committee encourages the Government to continue collaborating with the various bodies involved in the process of disarmament, demobilization and reintegration with a view to removing children from armed forces and groups. It requests the Government to provide information on the impact of the measures adopted in the context of the implementation of the ILO/IPEC interregional programme on the prevention and reintegration of children involved in armed conflict with a view to preventing children from being enrolled in armed conflict and to remove them from this worst form of child labour. The Committee also requests the Government to provide information on the time-bound measures adopted for the rehabilitation and social integration of children who are in practice removed from armed forces or groups.

2. Sexual exploitation. Considering that a number of children are the victims of sexual exploitation as noted under Article 3(b), the Committee requests the Government to take the necessary measures to remove young persons under 18 years of age from prostitution. It also requests the Government to envisage measures to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee takes due note of the information provided by the Government to the effect that, during the 2004–05 school year, a total of 485 former child soldiers were reintegrated into primary school, 99 were oriented towards secondary school, 79 in technical training centres and 74 in training from craft workers. It strongly encourages the Government to pursue its efforts to provide access to basic education or vocational training to children removed from armed conflict. The Committee requests the Government to continue providing information on this subject.

Clause (d). Children at special risk. Street children. The Committee notes that in his report of 23 September 2005 (E/CN.4/2006/109), the United Nations independent expert on the human rights situation in Burundi indicates that the situation of children in the country remains extremely worrying. Children are affected not only by the continuing conflict, but also by the deteriorating economic situation (paragraph 55). According to some estimates, there are over 3,000 street children in the country. It also notes that, in the report of 19 September 2006 of the independent expert on the situation of human rights in Burundi (A/61/360), the Secretary-General indicates that the phenomenon of street children is on the rise in Bujumbura and that a programme aimed at curbing the trend has been elaborated and includes aspects relating to prevention, assistance and reintegration (paragraph 79). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to protect them from these worst forms. It also requests the Government to provide information on the measures adopted in the context of the programme to bring an end to this phenomenon, particularly with regard to measures for their rehabilitation and social integration.

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