Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Burundi (Ratification: 1963)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2025.

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously referred to several provisions of the national legislation that may allow the imposition of sentences of penal servitude (custodial sentences involving compulsory labour under Act No. 1/24 of 14 December 2017 revising the prison regulations) for certain activities that fall within the scope of the Convention.

The Committee previously referred to the following provisions of the Penal Code: section 264 (injurious allegations), sections 265 and 268 (insults), sections 394 and 396 (acts against decency), section 398 (insult of the flag or official insignia of the Republic), section 623 (distribution of documents from abroad or inspired by foreign sources intended to harm the national interest), section 624 (receipt of foreign advantages intended for activities or propaganda such as to undermine the integrity or independence of the country or the loyalty that the citizens owe to the State and the country’s institutions), and section 625 (publication, dissemination or reproduction of false news, or display of objects or images likely to breach the peace). The Committee also referred to Act No. 1/19 of 2018 governing the press in Burundi, which provides that failure to comply with its provisions is punishable by criminal penalties. The Committee noted with deep concern the information relating to the judicial punishment of journalists and political opponents and asked the Government to revise the above provisions so that no person expressing political views or views ideologically opposed to the established political, social or economic system may be liable to, or sentenced to, a custodial sentence involving compulsory labour.

The Government indicates in its report that Burundi does not subject to forced or compulsory labour persons holding or expressing divergent political views, nor those expressing views ideologically opposed to the established system. It indicates that no legislative or regulatory provisions impose such a penalty, whether as a means of coercion, political education or punishment. It adds that fundamental rights, including freedom of opinion and expression, are guaranteed by the Constitution. The Committee recalls in this regard that, under section 25 of Act No. 1/24 of 14 December 2017 revising the prison regulations, able-bodied prison inmates are required to perform prison labour. It therefore observes that labour is compulsory for persons sentenced to custodial sentences (penal servitude) and recalls that any work required as part of a penalty falls within the scope of the Convention when it is imposed in one of the circumstances covered under Article 1(a) of the Convention.

The Committee notes the Act No. 1/21 of 12 July 2024 amending Act No. 1/19 of 14 September 2018, which amended Act No. 1/15 of 9 May 2015 governing the press in Burundi. It welcomes the fact that, under this Act, several offences defined in the Penal Code, including insults, injurious allegations, acts against decency and the dissemination of false news, are no longer punishable by custodial sentences when committed through the press.

The Committee also notes that, in its observations, COSYBU once again indicates that the organization of opposition movements and public demonstrations is viewed negatively by the public authorities. Workers are afraid to participate in such movements for fear of being sentenced to severe penalties.

The Committee notes that, in its 2024 annual activity report, the Independent National Human Rights Commission (CNIDH) referred to several cases that it had taken up in the context of protecting human rights defenders, including journalists and human rights defenders who had been convicted, including for undermining the integrity of the national territory, or who had been unlawfully detained. The CNIDH recommended compliance with judicial procedures and the right to a fair trial.

The Committee further notes the Report of the United Nations Special Rapporteur on the situation of human rights in Burundi of 12 August 2025, which highlights persistent attacks on freedom of expression, including abusive prosecution of views expressed on social media and a worrying use of national security-related criminal charges to punish criticism on sensitive issues. Members of opposition parties, youth activists, human rights defenders and journalists were arrested on charges such as disturbing the peace, spreading false information and endangering State security. The Special Rapporteur recommends the immediate release of all persons who have been detained solely for the peaceful exercise of their civil and political rights (A/HRC/60/60). In addition, in a press release dated 1 September 2025, several United Nations experts denounced an alarming upsurge in serious human rights violations, including enforced disappearances, arbitrary detentions and extrajudicial executions, targeting journalists, human rights defenders and any person perceived to be affiliated with the political opposition.

The Committee is bound to express its deep concern at this information, in particular the arrest, detention and conviction of human rights defenders, journalists and members of opposition parties, and recalls that restrictions on fundamental rights and liberties, including freedom of expression, have a bearing on the application of the Convention where such measures are enforced by sanctions involving compulsory labour. The Committee therefore urges the Government to take immediate measures to ensure that, both in law and practice, no penalty involving compulsory labour can be imposed on persons expressing political views or views opposed to the established political, social or economic system. The Committee also once again requests the Government to provide information on the application in practice of the above provisions of the Penal Code, specifying the number of sentences handed down, the facts that led to these convictions, and the penalties imposed.

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