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

Minimum Age Convention, 1973 (No. 138) - Burundi (Ratification: 2000)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2021.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the National Plan of Action (NPA) for the elimination of the worst forms of child labour 2010-2015, one of the goals of which is to contribute to the elimination of child labour, in all its forms, by 2025. The Committee requested the Government to provide information on the results achieved under the NPA 2010–2015 to ensure the progressive elimination of child labour and on any new national policy formulated in this respect.

The Government indicates in its report that the NPA 2010–2015 enabled awareness-raising among children, parents and professionals on child protection under the Convention. The Government specifies that a national policy to combat child labour and a corresponding action plan will soon be formulated. The Committee notes that, according to UNICEF statistical data, 30.92 per cent of children were engaged in child labour in 2017 in Burundi (32.16 per cent of girls and 29.66 per cent of boys). The Committee requests the Government to intensify its efforts to ensure the progressive elimination of child labour in the country, particularly through the adoption of a national policy on the matter, in accordance with Article 1 of the Convention. It requests the Government to communicate information on the specific measures taken in this respect as well as on the results achieved.

Article 2(1). Scope of application. In its previous comments, the Committee noted that sections 3 and 14 of the Labour Code prohibit work by young persons under 16 years of age in public and private enterprises where such work is carried out on behalf of and under the supervision of an employer. It noted the Government’s indication that the question of extending the application of the Convention to the informal economy, where there is evidence of child labour, would be taken into account during the revision of the Labour Code. The Committee further noted the survey on domestic labour, especially child domestic labour, in Burundi carried out in 2013-14, according to which 5.3 per cent of children in the 7–12 age group and over 40 per cent of children in the 13–15 age group are domestic workers. The Committee therefore requested the Government to take the necessary steps to extend the scope of application of the Convention to work done outside a formal employment relationship, particularly in the informal economy and in agriculture.

The Government indicates in its report that child labour in the informal sector has been taken into account in the revision of the Labour Code. The Committee notes the observations of COSYBU that the revised Labour Code, promulgated on 24 November 2020 (Act No. 1/11), has enabled progress to be made in extending the scope of application of the Convention to work done outside a formal employment relationship. The Committee notes in this regard that under Article 2 of the 2020 Labour Code, relations between domestic workers and employers and the informal sector are governed by this Code, to the extent permitted by specific laws applicable to them. The minimum age of admission to employment, set at 16 years, applies to family agricultural, breeding, commercial or industrial activities. Section 3 of the Code specifies that relations between employers and workers, and working conditions in strictly informal sectors are determined by a special law.

The Committee notes that according to UNICEF’s 2020 annual report in Burundi, the majority of young people in work occupy jobs in the informal sector, as the economy is heavily dependent on agriculture. The Committee notes with interest the adoption of the revised Labour Code of 2020, which extends the scope of application of the Convention to the informal economy. The Committee encourages the Government to pursue its efforts and requests it to indicate any measures taken or envisaged to ensure in practice the application of the minimum age of admission to employment of 16 years in the informal economy. It also requests the Government to communicate a copy of the Act governing work in the informal economy.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted Act No. 1/19 of 10 September 2013 establishing the structure of primary and secondary education, which had strengthened core education by increasing it from six to nine years of schooling, starting at the age of 6 years. Hence, a child who starts school at six years of age completes compulsory schooling at the age of 15 years. It noted that COSYBU, in its observations, asked the Government to fix the minimum age for the completion of compulsory schooling. The Committee requested the Government to take the necessary steps without delay to ensure that schooling is compulsory up to the minimum age of admission to employment, namely 16 years, so that the age of completion of compulsory schooling coincides with the minimum age of access to employment or work.

The Committee notes the absence of new information from the Government on this point. The Committee urges the Government to take the necessary measures so that, in accordance with Article 2(3) of the Convention, schooling up to the minimum age of admission to employment, namely 16 years, is compulsory. It requests the Government to provide information on progress made in this regard.

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