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

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

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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

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 is nevertheless cognizant of the adoption in April 2009 of a new Penal Code, the provisions of which will be examined at its next session. The Committee 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 following matters raised in its previous direct request:

Articles 1 (paragraph 1), and 2 (paragraph 2, subparagraphs (b) and (e)), of the Convention. Civic obligations of public interest. Minor communal services. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations of public interest are not considered to be forced or compulsory labour. In response to a request from the Committee for information on the nature of civic legal obligations, the Government stated that such obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee requested the Government to provide copies of the relevant legislative or regulatory texts so that it could assess whether work carried out within the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour. In this respect, the Committee notes the provisions of Act No. 1/016 of 20 April 2005 organizing municipal administration. Under section 7, paragraph 2, of this Act, with a view to promoting the economic and social development of municipalities on not only an individual but a collective and unified basis, municipalities may cooperate through a system of intermunicipality. A regulatory text determines the organization, mechanisms and rules of procedure of intermunicipality. Under section 13 of the Act, the municipal council regulates, through deliberation, the affairs of the municipality, and, in particular, establishes the community development programme and monitors the implementation and carries out the evaluation thereof. Each year, in consultation with the governor of the province or the mayor, it establishes the conditions for carrying out development activities in fields where it is necessary to coordinate the action of the State and the municipality. The Committee also notes that, under sections 25, 31, 37 to 40, 47, 48 and 53 of the Act, other entities intervene at various levels in the socio-economic development activities: the municipal administrator, the chef de colline or chef de quartier (local government officials), the conseil de colline or conseil de quartier (local government councils), the municipal committee for community development, the chef de zone (local government official) and the technical adviser responsible for the development of the municipality. The Committee notes the information in the Government’s report indicating that the implementing texts of the abovementioned Act are not yet available. The Committee hopes that the Government will be able to provide these texts with its next report. It also asks the Government to provide information on the application of these provisions in practice, including details of the type and duration of the work carried out and the number of persons concerned, and to indicate whether persons who evade community labour are liable to penalties.

In its 2007 General Survey on eradication of forced labour, the Committee referred to the criteria which serve to determine the minor communal services excluded from the scope of the Convention and which serve to distinguish them from other forms of compulsory services which, under the terms of the Convention, must be abolished. These criteria are as follows: (1) the services must be “minor services”, i.e. relate primarily to maintenance work; (2) the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must “have the right to be consulted in regard to the need for such services” (see paragraph 65 of the General Survey).

The Committee hopes that the Government will take this information into account when adopting the implementing texts of Act No. 1/016.

The Committee also comments on the compulsory civic service established under Legislative Decree No. 1/1005 of 1 December 1996 within the framework of the application of Convention No. 105.

Possibility for the recipients of a fellowship and for military servicemen to leave their service or employment within a reasonable period. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of national legislation:

–      section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

–      section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

Since the Government did not provide any information in this respect in its last report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following the reimbursement of the costs incurred by the State.

Conditions governing the resignation of military servicemen. The Committee notes the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force. It notes that, under section 68(e) of Act No. 1/15, an officer’s career ends through the offering and acceptance of resignation, when the officer has provided written notification of his intention to leave the national defence force. Under section 68, paragraph 3, of Act No. 1/15, the end of the officer’s career is decided by the President of the Republic at the proposal of the minister responsible for national defence. Under section 63(g) of Act No. 1/16, a non-commissioned officer’s career ends through the offering and acceptance of resignation, when he has provided written notification of his intention to leave the national defence force. Under sections 64 and 65 of Act No. 1/16, the end of the non-commissioned officer’s career or contract is decided by the minister responsible for national defence, at the proposal of the General Chief of Staff and/or following the recommendation of the Commission of Inquiry. Under section 40(h) of Act No. 1/17, the termination of an existing contract, requested by the person concerned and accepted by the General Chief of Staff, involves the definitive suspension of the services of the private. The Committee also notes that, under section 7 of Act No. 1/17, privates are hired on contracts of a duration of 12 years. Re-hiring for periods of six years at a time may be permitted in the form and under the conditions set by the General Chief of Staff. The Committee asks the Government to indicate how the resignation of officers, non-commissioned officers and privates is accepted in practice and whether there are any cases in which the resignation may be refused. It also asks the Government to indicate whether there are any texts governing the resignation of military servicemen in a more specific manner and, if so, to provide copies.

Trafficking in persons. The Government having previously stated that the legislation prescribing the penalties for the trafficking of women was being prepared, the Committee asks the Government to provide a copy of this text once it has been adopted.

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

The Committee notes with regret that the Government’s report has not been received. It further notes with regret that the Government has not provided its comments on the observations presented by the Trade Union Confederation of Burundi (COSYBU), which were transmitted to it in September 2008. In its observations the COSYBU underlined that, contrary to what is required by the Convention, community work is decided on without popular consultation. It adds that the persons who participate in this work are confined to their workplace, since the Government prohibits the movement of persons during the performance of this work. The Committee insists all the more that the Government provide its comments on this subject, considering that the question of community development work has been the subject of its comments for a number of years (see below as well as the direct request addressed to the Government).

In the absence of the Government’s report, the Committee must repeat its previous observation, which read as follows:

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Compulsory community development work. Compulsory agricultural work. Compulsory labour resulting from a sentence handed down for the offences of begging and vagrancy. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into line with the Convention. The Committee notes from the information provided by the Government in its report that the provisions in question still appear to be in force.

With regard to Legislative Decree No. 1/16 of 29 May 1979, which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work, the Committee notes that, according to the Government, Act No. 1/016 of 20 April 2005 organizing municipal administration, provides for voluntary participation in municipal development activities within the framework of national reconstruction. The Committee does not, however, note any provision to this effect in the version of the text annexed to the Government’s report. Furthermore, the Committee notes that, according to the Government, the Legislative Decree of 29 May 1979 has been repealed. The Committee notes, however, that Act No. 1/016 of 20 April 2005 does not expressly repeal the abovementioned Legislative Decree. The Committee would therefore be grateful if the Government would indicate, firstly, whether Act No. 1/016 of 20 April 2005 was amended following its promulgation in the sense indicated by the Government and, secondly, the provisions which expressly repeal Legislative Decree No. 1/16 of 29 May 1979.

The Committee recalls that its previous comments referred to the following matters:

–      the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979);

–      the need to repeal formally certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, and Decree of 10 May 1957);

–      the need to amend sections 340 and 341 of the Penal Code, pursuant to which, in the event of begging or vagrancy, a person may be placed at the disposal of the Government for a period of between one and five years, during which time he may be forced to perform work in a prison institution.

Recalling the Government’s statement, according to which the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture was to be submitted for repeal at one of the subsequent meetings of the Council of Ministers, the Committee once again expresses the hope that the Government will make every effort to take concrete measures to bring the legislation into conformity with the Convention in the very near future.

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 following matters raised in its previous direct request:

Articles 1(1) and 2(2)(b) and (e) of the Convention. Civic obligations of public interest. Minor communal services. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations of public interest are not considered to be forced or compulsory labour. In response to a request from the Committee for information on the nature of civic legal obligations, the Government stated that such obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee requested the Government to provide copies of the relevant legislative or regulatory texts so that it could assess whether work carried out within the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour. In this respect, the Committee notes the provisions of Act No. 1/016 of 20 April 2005 organizing municipal administration. Under section 7, paragraph 2, of this Act, with a view to promoting the economic and social development of municipalities on not only an individual but a collective and unified basis, municipalities may cooperate through a system of intermunicipality. A regulatory text determines the organization, mechanisms and rules of procedure of intermunicipality. Under section 13 of the Act, the municipal council regulates, through deliberation, the affairs of the municipality, and, in particular, establishes the community development programme and monitors the implementation and carries out the evaluation thereof. Each year, in consultation with the governor of the province or the mayor, it establishes the conditions for carrying out development activities in fields where it is necessary to coordinate the action of the State and the municipality. The Committee also notes that, under sections 25, 31, 37 to 40, 47, 48 and 53 of the Act, other entities intervene at various levels in the socio‑economic development activities: the municipal administrator, the chef de colline or chef de quartier (local government officials), the conseil de colline or conseil de quartier (local government councils), the municipal committee for community development, the chef de zone (local government official) and the technical adviser responsible for the development of the municipality. The Committee notes the information in the Government’s report indicating that the implementing texts of the abovementioned Act are not yet available. The Committee hopes that the Government will be able to provide these texts with its next report. It also asks the Government to provide information on the application of these provisions in practice, including details of the type and duration of the work carried out and the number of persons concerned, and to indicate whether persons who evade community labour are liable to penalties.

In its 2007 General Survey on eradication of forced labour, the Committee referred to the criteria which serve to determine the minor communal services excluded from the scope of the Convention and which serve to distinguish them from other forms of compulsory services which, under the terms of the Convention, must be abolished. These criteria are as follows: (1) the services must be “minor services”, i.e. relate primarily to maintenance work; (2) the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must “have the right to be consulted in regard to the need for such services” (see paragraph 65 of the General Survey).

The Committee hopes that the Government will take this information into account when adopting the implementing texts of Act No. 1/016.

The Committee also comments on the compulsory civic service established under Legislative Decree No. 1/1005 of 1 December 1996 within the framework of the application of Convention No. 105.

Possibility for the recipients of a fellowship and for military servicemen to leave their service or employment within a reasonable period. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of national legislation:

–      section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

–      section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

Since the Government did not provide any information in this respect in its last report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following the reimbursement of the costs incurred by the State.

Conditions governing the resignation of military servicemen. The Committee notes the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force. It notes that, under section 68(e) of Act No. 1/15, an officer’s career ends through the offering and acceptance of resignation, when the officer has provided written notification of his intention to leave the national defence force. Under section 68, paragraph 3, of Act No. 1/15, the end of the officer’s career is decided by the President of the Republic at the proposal of the minister responsible for national defence. Under section 63(g) of Act No. 1/16, a non-commissioned officer’s career ends through the offering and acceptance of resignation, when he has provided written notification of his intention to leave the national defence force. Under sections 64 and 65 of Act No. 1/16, the end of the non-commissioned officer’s career or contract is decided by the minister responsible for national defence, at the proposal of the General Chief of Staff and/or following the recommendation of the Commission of Inquiry. Under section 40(h) of Act No. 1/17, the termination of an existing contract, requested by the person concerned and accepted by the General Chief of Staff, involves the definitive suspension of the services of the private. The Committee also notes that, under section 7 of Act No. 1/17, privates are hired on contracts of a duration of 12 years. Re-hiring for periods of six years at a time may be permitted in the form and under the conditions set by the General Chief of Staff. The Committee asks the Government to indicate how the resignation of officers, non-commissioned officers and privates is accepted in practice and whether there are any cases in which the resignation may be refused. It also asks the Government to indicate whether there are any texts governing the resignation of military servicemen in a more specific manner and, if so, to provide copies.

Article 25. Application of effective penal sanctions. The Committee recalls that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really adequate and strictly enforced. In this regard, the Committee noted in its previous comments that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, are only punishable by a fine of between 2,500 and 5,000 Burundi francs (BIF). The Committee asked the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It also requested that the Government provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution, which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1), and, where appropriate, information on legal proceedings initiated against those responsible for such exploitation and the penalties imposed. The Committee notes that the Government has attached to its latest report copies of the 1981 Penal Code and the 1999 Code of Penal Procedure, and that it states that the legislation prescribing the penalties for the trafficking of women is being prepared. It is the Committee’s understanding that a reform of the Penal Code is currently under consideration. The Committee would be grateful if the Government would provide copies of the texts being prepared once they have been adopted.

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

The Committee takes note of the communication dated 30 August 2008 received from the Confederation of Trade Unions of Burundi (COSYBU), which was sent to the Government on 22 September 2008. The Committee asks the Government to provide information in this regard in its next report.

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

Articles 1(1) and 2(1) of the Convention. Compulsory community development work. Compulsory agricultural work. Compulsory labour resulting from a sentence handed down for the offences of begging and vagrancy. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into line with the Convention. The Committee notes from the information provided by the Government in its report that the provisions in question still appear to be in force.

With regard to Legislative Decree No. 1/16 of 29 May 1979, which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work, the Committee notes that, according to the Government, Act No. 1/016 of 20 April 2005 organizing municipal administration, provides for voluntary participation in municipal development activities within the framework of national reconstruction. The Committee does not, however, note any provision to this effect in the version of the text annexed to the Government’s report. Furthermore, the Committee notes that, according to the Government, the Legislative Decree of 29 May 1979 has been repealed. The Committee notes, however, that Act No. 1/016 of 20 April 2005 does not expressly repeal the abovementioned Legislative Decree. The Committee would therefore be grateful if the Government would indicate, firstly, whether Act No. 1/016 of 20 April 2005 was amended following its promulgation in the sense indicated by the Government and, secondly, the provisions which expressly repeal Legislative Decree No. 1/16 of 29 May 1979.

The Committee recalls that its previous comments referred to the following matters:

–      the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979);

–      the need to repeal formally certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, and Decree of 10 May 1957);

–      the need to amend sections 340 and 341 of the Penal Code, pursuant to which, in the event of begging or vagrancy, a person may be placed at the disposal of the Government for a period of between one and five years, during which time he may be forced to perform work in a prison institution.

Recalling the Government’s statement, according to which the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture was to be submitted for repeal at one of the subsequent meetings of the Council of Ministers, the Committee once again expresses the hope that the Government will make every effort to take concrete measures to bring the legislation into conformity with the Convention in the very near future.

The Committee is also addressing a request 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 2007, published 97th ILC session (2008)

Articles 1(1) and 2(2)(b) and (e) of the Convention. Civic obligations of public interest. Minor communal services. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations of public interest are not considered to be forced or compulsory labour. In response to a request from the Committee for information on the nature of civic legal obligations, the Government stated that such obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee requested the Government to provide copies of the relevant legislative or regulatory texts so that it could assess whether work carried out within the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour. In this respect, the Committee notes the provisions of Act No. 1/016 of 20 April 2005 organizing municipal administration. Under section 7, paragraph 2, of this Act, with a view to promoting the economic and social development of municipalities on not only an individual but a collective and unified basis, municipalities may cooperate through a system of intermunicipality. A regulatory text determines the organization, mechanisms and rules of procedure of intermunicipality. Under section 13 of the Act, the municipal council regulates, through deliberation, the affairs of the municipality, and, in particular, establishes the community development programme and monitors the implementation and carries out the evaluation thereof. Each year, in consultation with the governor of the province or the mayor, it establishes the conditions for carrying out development activities in fields where it is necessary to coordinate the action of the State and the municipality. The Committee also notes that, under sections 25, 31, 37 to 40, 47, 48 and 53 of the Act, other entities intervene at various levels in the socio‑economic development activities: the municipal administrator, the chef de colline or chef de quartier (local government officials), the conseil de colline or conseil de quartier (local government councils), the municipal committee for community development, the chef de zone (local government official) and the technical adviser responsible for the development of the municipality. The Committee notes the information in the Government’s report indicating that the implementing texts of the abovementioned Act are not yet available. The Committee hopes that the Government will be able to provide these texts with its next report. It also asks the Government to provide information on the application of these provisions in practice, including details of the type and duration of the work carried out and the number of persons concerned, and to indicate whether persons who evade community labour are liable to penalties.

In its 2007 general survey on eradication of forced labour, the Committee referred to the criteria which serve to determine the minor communal services excluded from the scope of the Convention and which serve to distinguish them from other forms of compulsory services which, under the terms of the Convention, must be abolished. These criteria are as follows: (1) the services must be “minor services”, i.e. relate primarily to maintenance work; (2) the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must “have the right to be consulted in regard to the need for such services” (see paragraph 65 of the General Survey).

The Committee hopes that the Government will take this information into account when adopting the implementing texts of Act No. 1/016.

The Committee also comments on the compulsory civic service established under Legislative Decree No. 1/1005 of 1 December 1996 within the framework of the application of Convention No. 105.

Possibility for the recipients of a fellowship and for military servicemen to leave their service or employment within a reasonable period. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of national legislation:

–           section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

–           section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non‑commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

Since the Government did not provide any information in this respect in its last report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following the reimbursement of the costs incurred by the State.

Conditions governing the resignation of military servicemen. The Committee notes the provisions of Acts Nos 1/15, 1/16 and 1/17 of 29 April 2006 on the conditions of service of officers, non-commissioned officers and privates of the national defence force. It notes that, under section 68(e) of Act No. 1/15, an officer’s career ends through the offering and acceptance of resignation, when the officer has provided written notification of his intention to leave the national defence force. Under section 68, paragraph 3, of Act No. 1/15, the end of the officer’s career is decided by the President of the Republic at the proposal of the minister responsible for national defence. Under section 63(g) of Act No. 1/16, a non-commissioned officer’s career ends through the offering and acceptance of resignation, when he has provided written notification of his intention to leave the national defence force. Under sections 64 and 65 of Act No. 1/16, the end of the non-commissioned officer’s career or contract is decided by the minister responsible for national defence, at the proposal of the General Chief of Staff and/or following the recommendation of the Commission of Inquiry. Under section 40(h) of Act No. 1/17, the termination of an existing contract, requested by the person concerned and accepted by the General Chief of Staff, involves the definitive suspension of the services of the private. The Committee also notes that, under section 7 of Act No. 1/17, privates are hired on contracts of a duration of 12 years. Re-hiring for periods of six years at a time may be permitted in the form and under the conditions set by the General Chief of Staff. The Committee asks the Government to indicate how the resignation of officers, non-commissioned officers and privates is accepted in practice and whether there are any cases in which the resignation may be refused. It also asks the Government to indicate whether there are any texts governing the resignation of military servicemen in a more specific manner and, if so, to provide copies.

Article 25. Application of effective penal sanctions. The Committee recalls that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really adequate and strictly enforced. In this regard, the Committee noted in its previous comments that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, are only punishable by a fine of between 2,500 and 5,000 francs. The Committee asked the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It also requested that the Government provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution, which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1), and, where appropriate, information on legal proceedings initiated against those responsible for such exploitation and the penalties imposed. The Committee notes that the Government has attached to its latest report copies of the 1981 Penal Code and the 1999 Code of Penal Procedure, and that it states that the legislation prescribing the penalties for the trafficking of women is being prepared. It is the Committee’s understanding that a reform of the Penal Code is currently under consideration. The Committee would be grateful if the Government would provide copies of the texts being prepared once they have been adopted.

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

The Committee notes the Government’s report and the texts annexed thereto. It notes the provisions of the Constitution of 18 March 2005, in particular article 26, which sets forth the prohibition on slavery and the trafficking of slaves in any form.

Articles 1(1) and 2(1) of the Convention. Compulsory community development work. Compulsory agricultural work. Compulsory labour resulting from a sentence handed down for the offences of begging and vagrancy. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into line with the Convention. The Committee notes from the information provided by the Government in its report that the provisions in question still appear to be in force.

With regard to Legislative Decree No. 1/16 of 29 May 1979, which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work, the Committee notes that, according to the Government, Act No. 1/016 of 20 April 2005 organizing municipal administration, provides for voluntary participation in municipal development activities within the framework of national reconstruction. The Committee does not, however, note any provision to this effect in the version of the text annexed to the Government’s report. Furthermore, the Committee notes that, according to the Government, the Legislative Decree of 29 May 1979 has been repealed. The Committee notes, however, that Act No. 1/016 of 20 April 2005 does not expressly repeal the abovementioned Legislative Decree. The Committee would therefore be grateful if the Government would indicate, firstly, whether Act No. 1/016 of 20 April 2005 was amended following its promulgation in the sense indicated by the Government and, secondly, the provisions which expressly repeal Legislative Decree No. 1/16 of 29 May 1979.

The Committee recalls that its previous comments referred to the following matters:

–           the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos 710/275 and 710/276 of 25 October 1979);

–           the need to repeal formally certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, and Decree of 10 May 1957);

–           the need to amend sections 340 and 341 of the Penal Code, pursuant to which, in the event of begging or vagrancy, a person may be placed at the disposal of the Government for a period of between one and five years, during which time he may be forced to perform work in a prison institution.

Recalling the Government’s statement, according to which the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture was to be submitted for repeal at one of the subsequent meetings of the Council of Ministers, the Committee once again expresses the hope that the Government will make every effort to take concrete measures to bring the legislation into conformity with the Convention in the very near future.

The Committee is also addressing a request directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that no report has been received from the Government. 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 following matters raised in its previous direct request:

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations that are of public interest are not considered to be forced or compulsory labour. The Government indicated previously, in response to a request from the Committee for information on the nature of civic legal obligations, that these obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee once again requests the Government to provide copies of the relevant legislative or regulatory texts so that it can assess whether work carried on in the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour.

2. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of the national legislation:

-  section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

-  section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

The Committee noted the Government’s statement that, due to the crisis experienced by the country, it was difficult to amend the provisions of the above legislation. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following reimbursement of the costs incurred by the State.

3. Article 25 of the Convention. Application of effective penal sanctions. Under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really adequate and strictly enforced. In this regard, the Committee notes that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, is only punishable by a fine of between 2,500 and 5,000 francs. The Committee once again asks the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It would also be grateful if the Government would provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution - which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1) - and, where appropriate, information on legal proceedings to prosecute those responsible of such exploitation and the penalties imposed.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Forced recruitment of children during armed conflicts. The Committee of Experts has previously noted the concern expressed by the United Nations Committee on the Rights of the Child at the use of children by the state armed forces as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed its concern at the low minimum age of recruitment to the armed forces. According to these observations, there is also widespread recruitment of children by opposition armed forces and sexual exploitation of children by members of the armed forces (CRC/C/15/Add.133, paragraphs 24 and 71). The Committee also noted the evaluation report of the national action programme for the survival, protection and development of children for the 1990s (report produced in January 2001 as part of the follow-up to the World Summit for Children). This report refers to the situation of street children, child soldiers and the sexual and commercial exploitation of children (paragraphs 86 and 94). Child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12 years. Even though the minimum age for conscription in the armed forces of Burundi is 16 years, there are indications that children are used by soldiers for odd jobs.

The Committee notes that in March 2003 the ICFTU made comments on the application of the Convention, confirming the use of child soldiers by the armed forces. The Committee notes that the Government has not provided any information on the measures adopted to protect children against recruitment in the armed forces as soldiers or to perform supporting tasks for military personnel. The Committee expresses particular concern at the situation of these children. The Committee also notes the report of the Secretary-General of the United Nations on children and armed conflict, submitted to the United Nations Security Council in November 2002. At the request of the latter, the report drew up a list of 23 parties to armed conflict that recruit or use child soldiers, in violation of the international provisions protecting them. The Committee also notes that this list includes the Government of Burundi, PALIPEHUTU/FNL (Parti pour la libération du peuple Hutu/Forces nationales pour la libération) and the CNDD/FDD (Conseil national pour la défense de la démocratie/Front pour la défense de la démocratie).

Finally, the Committee notes that Burundi ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 11 June 2002. As Convention No. 182 provides in Article 3(a) that the worst forms of child labour include "forced or compulsory recruitment of children for use in armed conflict", the Committee considers that the problem of the recruitment of children in armed forces may be examined more specifically in the context of Convention No. 182. The protection of children is strengthened by the fact that Convention No. 182 places the obligation upon States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. While noting that in its reply to the comments of the ICFTU, the Government indicates that following the Arusha Peace Agreement and the Pretoria Ceasefire Agreement, the phenomenon of recruitment of the children in armed conflicts has almost disappeared and their socio-economic integration is continuing, the Committee requests the Government to provide more detailed information on the measures adopted to protect children against forced recruitment to serve as soldiers and to carry out supporting tasks for the armed forces in its first detailed report on the application of Convention No. 182.

2. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into conformity with the Convention. The Committee noted in this respect that in 1993, a process of bringing the legislation into harmony with the Convention was initiated, but could not be completed due to the crisis experienced by the country. The Committee notes the Government’s indication that the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture will be submitted for abrogation at one of the next meetings of the Council of Ministers. The Committee hopes that the Government will be in a position to report the adoption of specific measures to bring the provisions of the legislation referred to below into conformity with the Convention:

n  the need to set forth in the law the voluntary nature of agricultural work performed in the context of the obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos. 710-275 and 710-276);

n  the need to formally repeal certain texts with respect to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and Decree of 10 May 1957);

n  the need to amend Legislative Decree No. 1/16 of 29 May 1979 which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work;

n  the need to amend sections 340 and 341 of the Penal Code which provide that in the event of vagrancy or begging a person may be placed at the disposal of the Government for a period of between one and five years during which time such person may be forced to perform work in a prison institution.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations that are of public interest are not considered to be forced or compulsory labour. The Government indicated previously, in response to a request from the Committee for information on the nature of civic legal obligations, that these obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee once again requests the Government to provide copies of the relevant legislative or regulatory texts so that it can assess whether work carried on in the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour.

2. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of the national legislation:

-  section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

-  section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

The Committee noted the Government’s statement that, due to the crisis experienced by the country, it was difficult to amend the provisions of the above legislation. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following reimbursement of the costs incurred by the State.

3. Article 25 of the Convention. Application of effective penal sanctions. Under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really adequate and strictly enforced. In this regard, the Committee notes that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, is only punishable by a fine of between 2,500 and 5,000 francs. The Committee once again asks the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It would also be grateful if the Government would provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution - which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1) - and, where appropriate, information on legal proceedings to prosecute those responsible of such exploitation and the penalties imposed.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in response to the ICFTU’s comments. The Committee notes however that the Government’s report has not been received. The Committee again raises the serious issues on which it requests the Government to report.

1. Forced recruitment of children during armed conflicts. The Committee of Experts has previously noted the concern expressed by the United Nations Committee on the Rights of the Child at the use of children by the state armed forces as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed its concern at the low minimum age of recruitment to the armed forces. According to these observations, there is also widespread recruitment of children by opposition armed forces and sexual exploitation of children by members of the armed forces (CRC/C/15/Add.133, paragraphs 24 and 71). The Committee also noted the evaluation report of the national action programme for the survival, protection and development of children for the 1990s (report produced in January 2001 as part of the follow-up to the World Summit for Children). This report refers to the situation of street children, child soldiers and the sexual and commercial exploitation of children (paragraphs 86 and 94). Child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12 years. Even though the minimum age for conscription in the armed forces of Burundi is 16 years, there are indications that children are used by soldiers for odd jobs.

The Committee notes that in March 2003 the ICFTU made comments on the application of the Convention, confirming the use of child soldiers by the armed forces. The Committee notes that the Government has not provided any information on the measures adopted to protect children against recruitment in the armed forces as soldiers or to perform supporting tasks for military personnel. The Committee expresses particular concern at the situation of these children. The Committee also notes the report of the Secretary-General of the United Nations on children and armed conflict, submitted to the United Nations Security Council in November 2002. At the request of the latter, the report drew up a list of 23 parties to armed conflict that recruit or use child soldiers, in violation of the international provisions protecting them. The Committee also notes that this list includes the Government of Burundi, PALIPEHUTU/FNL (Parti pour la libération du peuple Hutu/Forces nationales pour la libération) and the CNDD/FDD (Conseil national pour la défense de la démocratie/Front pour la défense de la démocratie).

Finally, the Committee notes that Burundi ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 11 June 2002. As Convention No. 182 provides in Article 3(a) that the worst forms of child labour include "forced or compulsory recruitment of children for use in armed conflict", the Committee considers that the problem of the recruitment of children in armed forces may be examined more specifically in the context of Convention No. 182. The protection of children is strengthened by the fact that Convention No. 182 places the obligation upon States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. While noting that in its reply to the comments of the ICFTU, the Government indicates that following the Arusha Peace Agreement and the Pretoria Ceasefire Agreement, the phenomenon of recruitment of the children in armed conflicts has almost disappeared and their socio-economic integration is continuing, the Committee requests the Government to provide more detailed information on the measures adopted to protect children against forced recruitment to serve as soldiers and to carry out supporting tasks for the armed forces in its first detailed report on the application of Convention No. 182.

2. For many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into conformity with the Convention. The Committee noted in this respect that in 1993, a process of bringing the legislation into harmony with the Convention was initiated, but could not be completed due to the crisis experienced by the country. The Committee notes the Government’s indication that the national legislation considered contrary to the Convention and dealing with matters covered by the Ministry responsible for agriculture will be submitted for abrogation at one of the next meetings of the Council of Ministers. The Committee hopes that the Government will be in a position to report the adoption of specific measures to bring the provisions of the legislation referred to below into conformity with the Convention:

n  the need to set forth in the law the voluntary nature of agricultural work performed in the context of the obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos. 710-275 and 710-276);

n  the need to formally repeal certain texts with respect to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and Decree of 10 May 1957);

n  the need to amend Legislative Decree No. 1/16 of 29 May 1979 which establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work;

n  the need to amend sections 340 and 341 of the Penal Code which provide that in the event of vagrancy or begging a person may be placed at the disposal of the Government for a period of between one and five years during which time such person may be forced to perform work in a prison institution.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations that are of public interest are not considered to be forced or compulsory labour. The Government indicated previously, in response to a request from the Committee for information on the nature of civic legal obligations, that these obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee once again requests the Government to provide copies of the relevant legislative or regulatory texts so that it can assess whether work carried on in the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour.

2. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of the national legislation:

-  section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

-  section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

In its previous comments, the Committee noted the Government’s statement that, due to the crisis experienced by the country, it was difficult to amend the provisions of the above legislation. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following reimbursement of the costs incurred by the State.

3. Article 25 of the Convention. Application of effective penal sanctions. Under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really effective and strictly enforced. In this regard, the Committee notes that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, is only punishable by a fine of between 2,500 and 5,000 francs. The Committee once again asks the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It would also be grateful if the Government would provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution - which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1) - and, where appropriate, information on legal proceedings to prosecute those responsible of such exploitation and the penalties imposed.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. Forced recruitment of children during armed conflicts. In its previous comments, the Committee of Experts noted the concern expressed by the Committee on the Rights of the Child at the use of children by the state armed forces as soldiers or helpers in camps or in obtaining information. The Committee on the Rights of the Child also expressed its concern at the low minimum age of recruitment to the armed forces. According to these observations, there is also widespread recruitment of children by opposition armed forces and sexual exploitation of children by members of the armed forces (CRC/C/15/Add.133, paragraphs 24 and 71). The Committee also noted the evaluation report of the national action programme for the survival, protection and development of children for the 1990s (report produced in January 2001 as part of the follow-up to the World Summit for Children). This report refers to the situation of street children, child soldiers and the sexual and commercial exploitation of children (paragraphs 86 and 94). Child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12 years. Even though the minimum age for conscription in the armed forces of Burundi is 16 years, there are indications that children are used by soldiers for odd jobs.

The Committee notes that in March 2003 the ICFTU made comments on the application of the Convention, confirming the use of child soldiers by the armed forces. The Committee notes that the Government has not provided any reply to these comments. It also notes that in its last report the Government has not provided any information on the measures adopted to protect children against recruitment in the armed forces as soldiers or to perform supporting tasks for military personnel. The Committee expresses particular concern at the situation of these children. It also notes the report of the Secretary-General of the United Nations on children and armed conflict, submitted to the United Nations Security Council in November 2002. At the request of the latter, the report drew up a list of 23 parties to armed conflict that recruit or use child soldiers, in violation of the international provisions protecting them. The Committee notes that this list includes the Government of Burundi, PALIPEHUTU/FNL (Parti pour la libération du peuple Hutu/Forces nationales pour la libération) and the CNDD/FDD (Conseil national pour la défense de la démocratie/Front pour la défense de la démocratie).

Finally, the Committee notes that Burundi ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 11 June 2002. As Convention No. 182 provides in Article 3(a) that the worst forms of child labour include "forced or compulsory recruitment of children for use in armed conflict", the Committee considers that the problem of the recruitment of children in armed forces may be examined more specifically in the context of Convention No. 182. The protection of children is strengthened by the fact that Convention No. 182 places the obligation upon States which ratify it 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 therefore requests the Government to provide information on the measures adopted to protect children against forced recruitment to serve as soldiers and to carry out supporting tasks for the armed forces in its first detailed report on the application of Convention No. 182, which is due to be submitted in 2004.

2. In the comments that it has been making for many years, the Committee has drawn the Government’s attention to the need to take measures to bring certain provisions of the national legislation into conformity with the Convention. The Committee noted in this respect the Government’s stated intention to repeal most of these provisions. In 1993, a process of bringing the legislation into harmony with the Convention was initiated, but could not be completed due to the crisis experienced by the country. The Committee notes the Government’s indication in its last report that it has not been possible to adopt any legal texts for this purpose. It hopes that the Government will be in a position in the very near future to report the adoption of specific measures to bring the provisions of the legislation referred to below into conformity with the Convention.

(i)  The Committee previously emphasized the need to set forth in the law the voluntary nature of agricultural work performed in the context of the obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops (Ordinances Nos. 710-275 and 710-276).

(ii)  The Committee drew the Government’s attention to the need to formally repeal certain texts with respect to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and Decree of 10 May 1957).

(iii)  The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions (one month of penal labour performed on one half-day a week), to perform community development work.

(iv)  In accordance with sections 340 and 341 of the Penal Code, in the event of vagrancy or begging a person may be placed at the disposal of the Government for a period of between one and five years during which time such person may be forced to perform work in a prison institution.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. In its previous direct request, the Committee noted that, under section 2 of the Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour. It requested the Government to provide information on the nature of these obligations and the corresponding texts.

The Government indicated that the civic legal obligations which are of public interest consist of community development work, such as the rehabilitation of economic and social infrastructure, but did not provide the corresponding laws and regulations. In its last report, the Government once again states that community development work is intended for the rehabilitation of economic and social infrastructure, without providing the corresponding texts. The Committee once again requests the Government to provide copies of the above texts so that it can assess their conformity with the Conventions on forced labour.

2. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990, as well as to Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and 1/111 of 10 November 1967 (section 44) respecting the conditions governing the resignation of certain persons in the service of the State (recipients of fellowships and trainees, and officers in the armed forces, respectively). The Committee hoped that the legislative work which was under way would make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and that persons who have received a fellowship or training at the expense of the State may leave the service within a reasonable period which is proportional to the duration of the training received, or following reimbursement of the expenditure incurred by the State.

The Committee noted the Government’s statement that the crisis experienced by the country had prevented the adoption of new texts. The Government reiterates the same statement in its latest report. The Committee notes the statement and hopes that the Government will be able to report on the measures taken to give effect to the Convention on this point.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no information on the points raised in its last observation.

In comments it has been making for several years, the Committee has asked the Government to provide information on the measures taken to bring certain provisions of the national legislation into line with the Convention. The Government stated that the country’s position regarding the Conventions on forced labour had not changed, since it had not been possible to adopt any new texts owing to the crisis. The Committee notes that statement once again and hopes that the Government will soon be in a position to provide information on specific measures taken regarding the following points, raised in the Committee’s previous comments.

1. In its previous comments concerning Ordinances Nos. 710-275 and 710-276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee noted the Government’s statement that measures to repeal these Ordinances were envisaged in the very short term. The Committee requests the Government to supply the texts repealing the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957), and recommended that they be formally repealed.

The Committee noted the Government’s statement that the above texts warrant express revocation, mainly because they reflect the colonial era and have fallen into disuse, and that measures have been taken with a view to repealing them.

The Committee requested the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee noted that a study transmitted by the Government recommended that the text in question be repealed and replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize commune administration. The Committee requested the Government to supply information on the provisions adopted in this respect.

4. Referring to sections 340 and 341 of the Penal Code which establish sanctions for vagrancy and begging, and to earlier comments, the Committee noted that an opinion on the matter had been requested from the Ministry of the Interior. The Committee requested the Government to supply information concerning the action envisaged to follow up its comments and on the programme of vocational rehabilitation which the Government considered should prevent vagrancy and begging by providing assistance to persons without employment. The Committee noted Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

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

5. Article 2, paragraph 1. The Committee notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.133, paragraph 71) in which the abovementioned Committee expresses its concern at the use of children by the State armed forces either as soldiers or as helpers in camps or in the obtaining of information. It also expressed its concern at the low minimum age of recruitment to the armed forces (paragraph 24). According to these observations, there are reports of widespread recruitment of children by opposition armed forces and of sexual exploitation of children by members of armed forces.

The Committee notes the report on the end-of-decade review of the national action programme, produced in January 2001 by Burundi as part of the follow-up to the World Summit for Children. A national action plan for the survival, protection and development of children for the 1990s was established in 1990. The programme was assessed at the end of 1999. The report in question refers to the situation of street children and child soldiers (paragraph 86) and sexual or commercial exploitation of children (paragraph 94). The child soldiers are between 12 and 16 years of age and are used as messengers, servants, lookouts or scouts. As camp followers of the combatants they are often easy targets, being untrained in protection techniques. The rebels allegedly enrol primary school children from the age of 12. The minimum age for conscription in the armed forces of Burundi is 16 years, but there are indications that children are used by soldiers for odd jobs.

The Committee asks the Government to provide information on measures taken to protect children from forced recruitment to serve as soldiers or perform tasks for military personnel. It also asks the Government to provide information on the evaluation of the national action plan for the survival, protection and development of children for the 1990s.

The Committee notes the concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW/C/2001/1/Add.1) according to which the Government adopted legislation in January 2001 punishing the trafficking of women and their exploitation for prostitution.

Article 25 of the Convention. Article 25 of the Convention requires the unlawful exaction of forced labour to be subject to penal sanctions, and any Member ratifying the Convention is bound to satisfy itself that the sanctions imposed by law are really effective and strictly applied. The Committee asks the Government to provide a copy of the new Penal Code, the new Code of Penal Procedure and the legislation prescribing the punishment of trafficking in women and exploitation for prostitution, and to provide information on legal proceedings to prosecute those responsible and the penalties imposed.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour. It requested the Government to provide information on the nature of these obligations and the corresponding texts.

In its last report, the Government indicates that the civic legal obligations which are of public interest consist of community development work, such as the rehabilitation of economic and social infrastructure, but it does not provide the corresponding laws and regulations. The Committee once again requests the Government to provide copies of the above texts so that it can assess their conformity with the Conventions on forced labour.

2. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and 1/111 of 10 November 1967 (section 44) respecting the conditions governing the resignation of certain persons in the service of the State (recipients of fellowships and trainees, and officers in the armed forces, respectively). The Committee hoped that the legislative work which was under way would make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and that persons who have received a fellowship or are undergoing training at the expense of the State may leave the service within a reasonable period which is proportional to the duration of the training received, or following reimbursement of the expenditure incurred by the State.

The Committee notes the Government's statement in its latest report that the crisis experienced by the country has prevented the adoption of new texts. It hopes that the Government will be in a position to report the measures taken to give statutory effect to the freedom to leave the service.

3. With reference to its general observation on the Convention in its report in 1999, the Committee requests the Government to provide information as to the present position in law and practice as regards the following points:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

In the comments that it has been making for several years, the Committee has requested the Government to provide information on the measures taken to bring certain provisions of the national legislation into conformity with the Convention. In its latest report, the Government states that the situation of the country with regard to the Conventions on forced labour has not changed since the transmission of its 1993 report, as the crisis has prevented the adoption of new texts which are in accordance with the Convention. The Committee notes this statement and hopes that the Government will soon be in a position to provide information on the practical steps that it has taken on the following matters, which were raised in previous comments:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee noted the Government's statement that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts repealing the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (the Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, the Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been taken with a view to repealing them.

The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee noted that a study transmitted by the Government recommended that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee noted that an opinion had been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning the action which is envisaged to follow up its comments and on the programme of vocational rehabilitation which the Government considers should prevent vagrancy and begging by providing assistance to persons without employment. The Committee noted Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its observation, the Committee 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:

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in the reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee noted that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared. The Committee noted that in its report received in 1994 the Government appealed for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal. The Committee has taken due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments: 1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work. The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted. 2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed. The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them. The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose. 3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work. The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect. 4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by 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 1997, published 86th ILC session (1998)

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:

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in the reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee noted that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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:

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared. The Committee noted that in its report received in 1994 the Government appealed for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal. The Committee has taken due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments: 1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work. The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted. 2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed. The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them. The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose. 3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work. The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect. 4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by 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 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in the reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee notes that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government.

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared.

The Committee noted that in its report received in 1994 the Government appealed for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal.

The Committee has taken due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them.

The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's statement in its latest report that it did not receive the previous direct request. 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 following matters raised in its previous direct request:

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in the reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee notes that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared.

The Committee notes that in its latest report the Government appeals for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government has promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal.

The Committee takes due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them.

The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In its previous comments, the Committee referred to Decree No. 100/003 of 3 January 1990 and Presidential Decrees Nos. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44), on the conditions governing the retirement of certain persons in the service of the State (recipients of fellowships and trainees; and officers in the armed forces, respectively). The Committee hopes that the current legislative work will make it possible to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with previous notice, and that persons who have received a fellowship or are undergoing training at the expense of the State can leave the service in a reasonable period which is proportional to the duration of the training received or following reimbursement of the expenditure incurred by the State.

2. The Committee notes that by virtue of section 2 of the new Labour Code, civic legal obligations which are of public interest are not considered to be forced or compulsory labour.

The Committee requests the Government to supply information on the nature of these obligations and the corresponding texts.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes the information supplied by the Government in June 1993 to the effect that the process of adapting and harmonizing the legislation with the Convention is continuing; a technical file, of which the Government provided a copy, was forwarded on this subject in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee notes that, according to this file, draft texts to repeal the legal provisions in question have already been prepared.

The Committee also notes the provisions of Legislative Decree No. 1/037 of 7 July 1993 to revise the Labour Code.

The Committee hopes that the Government will supply information on the measures which have been taken on the following points:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them.

The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

5. The Committee is once again addressing a request directly to the Government concerning certain texts respecting the conditions governing the retirement of certain categories of persons in the service of the State and on section 2 of the new Labour Code.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information supplied by the Government in its report. It notes the text of the Constitution of March 1992 and the other texts appended to the Government's report. It notes from the Government's report that work is in process to harmonize the legislation with the Convention.

The Committee hopes that, in view of its detailed comments on the Convention in 1992, the Government will take all necessary measures in the near future and that it will provide information on the following points:

1. In its previous comments, the Committee emphasized, in connection with Ordinances Nos. 710/275 and 710/276 of 1979, that it was necessary to embody the voluntary nature of agricultural work in legislation. The Committee notes the Government's indication that, as part of the liberalization and labour market promotion process, the constraints on farmers would be removed, in particular, through changes in the above-mentioned ordinances and that work has already begun to adapt and harmonize these texts. The Committee asks the Government to provide the texts amending or repealing the provisions of the ordinances as soon as they have been adopted.

2. The Committee drew attention to certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 2186 of 10 July 1953, Decree of 10 May 1957) and advised the Government to have them expressly repealed.

It notes the Government's statement that formal repeal of these texts is warranted, mainly because they are of a colonial nature and have fallen into disuse, that the repeal procedure has been initiated and that the outcome will be communicated in due course.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes compulsory community development work enforceable by sanctions.

The Committee notes the Government's statement that the procedure to abolish the penalty provided for in section 5 of the above Legislative Decree is still in process, having been suspended owing to a heavy political workload.

With regard to the direct participation of the populations concerned in the preparation of work programmes, the Committee notes the Government's indication that this principle is laid down in article 29 of the Constitution and expanded on in the community law (Legislative Decree 1/011 of 8 April 1989, sections 14 and 21).

The Committee asks the Government to provide the text abolishing the penalty prescribed in section 5 of Legislative Decree No. 1/16 of 29 May 1979 as soon as it has been adopted.

4. The Committee referred to sections 340 and 341 of the Penal Code prescribing penalties for begging and vagrancy. It notes the Government's statement in its report that these provisions cannot be applied to persons who are merely unemployed and are seeking work. It also notes that three ordinances on the liberalization of employment have been adopted (Ministerial Ordinances No. 660/161 of 3 June 1991, No. 660/086/92 of 17 February 1992 and No. 660/351/91). The Committee requests the Government to provide a copy of these texts.

The Committee also notes the Government's statement that a vocational retraining programme has just been adopted to assist unemployed persons so that they are not reduced to begging and vagrancy. The Committee asks the Government to provide information on this programme.

5. The Committee referred in a direct request to Decree No. 100/003 of 3 January 1990 and Presidential Decrees No. 1/106 of 25 October 1967 (section 43) and No. 1/111 of 10 November 1967 (section 44) respecting the conditions for the resignation of certain persons working in the service of the State. The Committee hopes that in the work currently being done on the legislation, it will be possible to give statutory effect to the right of persons in the service of the State to leave their employment within a reasonable period or by giving notice.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee has examined Decree No. 100/003 of 3 January 1990 on fellowships and traineeships communicated by the Government.

The Committee notes that section 28 of the Decree restores the obligation on the recipient of a fellowship to undertake to serve the Government for a period of ten years.

An identical provision had drawn the Committee's attention in a previous text of law.

The Committee considers that the obligation of service linked to the training received should reflect concern for due proportion. It asks the Government to state what measures it intends to take either to alter the duration of the obligation prescribed or to enable the persons concerned to leave the State's service on their own initiative within a reasonable period, at specified intervals or by giving notice.

2. In its previous direct requests the Committee commented on sections 340 and 341 of the Penal Code, that instituted as a penalty for begging and vagrancy terms of one to five years during which the persons concerned were placed at the Government's disposal and compelled to work in penitentiary institutions. The Committee noted that the Government was studying the question.

3. The Committee noted previously that, under section 43 of Presidential Decree No. 1/106 of 25 October 1967 on the conditions of service of non-commissioned officers in the armed forces and section 44 of Presidential Decree No. 1/111 of 10 November 1967 on the conditions of service of officers, the Minister of Defence might reject a resignation when he deemed it incompatible with the interests of the service.

The Committee notes the Government's indications that the rejection of a resignation may be the result of exceptional circumstances, for example the training of instructors or a scarcity of military personnel. In practice, according to the Government, continuation of service is decided upon after consultation with the member of the armed forces concerned; there are consequently no disciplinary penalties for or appeals against rejection of resignation.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour. In the case of career military personnel it observed that persons who had voluntarily entered into an engagement could not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which might normally require to ensure the continuity of the service. Consequently, the discretionary power of the authority finds its limits in the rights of the worker.

The Committee asks the Government to supply the texts applicable to a decision to reject a resignation and to consultations on resignation.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its previous comments the Committee referred to the provisions of two Ordinances introducing, on the one hand, obligations with regard to the conservation and utilisation of the soil and, on the other, the obligation to create and maintain minimum areas of food crops (Ordinances Nos. 710/275 and 710/276 of 25 October 1979, as amended by Presidential Decrees Nos. 100/143 and 100/144 of 30 May 1983).

The Committee had noted the Government's statements to the effect that these texts were of an exhortative character and that in practice the work covered by the texts in question was voluntary. The Committee had expressed the hope that measures would be adopted to make the voluntary nature of the provisions statutory.

The Committee notes the Government's statement that consultations with the government departments concerned have not led to a specific decision. The Committee wishes to point out in this connection that Ordinances Nos. 710/275 and 710/276 were adopted pursuant to Legislative Decree No. 1-22 of 24 July 1979 laying certain specific obligations on farmers. Consequently the legal obligations prescribed in those Ordinances are still fully valid. The Committee asks the Government to indicate what measures are contemplated to embody in legislation the voluntary nature of the work to which the aforementioned Ordinances relate.

2. In its previous comments the Committee observed that the texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952; Ordinance No. 21/86 of 10 July 1953; Decree of 10 May 1957) had not been formally repealed.

The Committee notes the Government's statement that the colonial character of the provisions complained of is beyond dispute. It also notes that according to the Government the texts in question are not in the codes and laws of Burundi, that this proves that they are no longer applied; and that they were probably repealed during the period preceding independence.

The Committee points out that, under section 1 of the Act of 29 June 1962, legislative texts issued before independence will remain applicable until expressly repealed.

The Government states further that the texts in question were replaced by Ordinances Nos. 710/275 and 710/276. The Committee has drawn attention above to the mandatory nature of these texts.

The Committee reminds the Government of the need to repeal the aforementioned texts expressly and unmistakably, and asks the Government to state what measures it intends to take in that connection.

3. In its previous comments the Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation for all persons over 18 years of age to carry out community development work one half-day per week on pain of a one-month prison sentence. The Committee notes the Government's reiteration that the penalty described in section 5 of the Legislative Decree is to be abolished and that consultations with the government department concerned are continuing.

The Committee points out that Article 2, paragraph 1, of the Convention defines as forced or compulsory labour all work or service exacted "under the menace of any penalty". The Committee asks the Government to state what progress has been made in repealing section 5 of Legislative Decree No. 1/16 of 29 May 1979.

The Committee had also pointed out in its comments that under section 3 of Legislative Decree No. 1/16 and Decree of Application No. 100/79 of 29 May 1979 the role of the municipalities was limited to supervising the execution of the work according to the programme adopted at the regional level.

The Committee had reminded the Government of the criteria determining the limits of the exception provided for in Article 2, paragraph 2(e), of the Convention:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The Committee notes that the Government mentions contacts between the ministries concerned for the purpose of undertaking studies with a view to the revision of these texts in order to bring the law into conformity with the Convention.

The Committee asks the Government to supply information on the specific measures adopted or contemplated to ensure the direct participation of the populations concerned in the preparation of work programmes.

4. In its previous comments, the Committee referred to sections 340 and 341 of the Penal Code which sanctions vagrancy and begging by placing them at the disposal of the Government for one to five years during which the persons concerned are made to work in penal institutions.

The Committee notes the Government's statement that the provisions of the Penal Code have nothing to do with a general obligation to work, with penalties for non-compliance. The Government explains that, in the eyes of the Burundi legislator, it is mainly a matter of stemming the flight from the countryside in which many young people are leaving it for the urban centres where, failing to find work, they resort to begging and drift into crime. The Government stated in its previous reports that, as part of the campaign against the flight from the countryside, persons placed at the Government's disposal under sections 340 et seq. of the Penal Code were as a rule turned back to their locality of origin and, if they persisted, were placed in penitentiary establishments devoted to various activities. The Government states further that placement at its disposal is in principle a matter for the criminal courts and that no court has ever sentenced anyone for the offence of vagrancy or begging.

The Committee, however, noted that this might amount in practice to leaving the persons concerned no choice but to accept work within the limited range available in the rural areas on pain of finding themselves, when they moved away in search of work and failed to find it at the first attempt, subjected to a penalty including work in a penitentiary institution.

The Committee asks the Government to review the situation and to indicate what measures it has taken or intends to take to ensure that the provisions in question cannot be applied to persons who are simply out of work.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous comments, the Committee referred to Legislative Decree No. 1/16 of 29 May 1979 which establishes the obligation for all natural and able-bodied persons of 18 years of age residing in Burundi to carry out community development work one-half day per week, on pain of a one-month prison sentence. The Committee noted the Government's indications to the effect that the penalty provided for in section 5 of the above Legislative Decree is not applied in practice and that the Government was considering abolishing it. With regard to the nature of the compulsory work, the Committee noted the Government's statement that it consisted of reforestation and erosion operations in the hills, marking out small communication tracks, installing water points, and other minor services which are decided upon by the population itself, through its elected representatives and supported by the Community Council. The Committee also noted the Government's indications that it was considering amending the provisions of the Legislative Decree with a view to ensuring, in particular, fuller participation by the populations concerned in the drawing up of the work programmes. The Committee noted that Decrees Nos. 100/78 and 100/79 of 29 May 1979, issued under Legislative Decree No. 1/16, provide that decisions concerning the need for work to be done and its nature lie within the competence of the National Commission for Regional Planning and its subcommittees, which are composed only of public servants in their capacity as representatives of the Government. The competence of the Community Council covers the supervision and practical implementation of the work decided upon by the superior body, but it does not have the right to express itself on the need for such work.

The Committee notes that the Government again states in its report that it is considering abolishing the penalty provided for in section 5 of Legislative Decree No. 1/16, but that procedural difficulties might arise. With regard to the measures to give effect to the Legislative Decree, the Government considers that they are not contrary to the spirit of Article 2 of the Convention, particularly as the regional planning subcommittee is an advisory rather than a decision-making body.

The Committee observes that, under section 3 of Legislative Decree No. 1/16, the community development work programme, adopted by the National Commission, takes account of the objectives of the National Development Plan and is drawn up in close co-operation with the Ministry of the Interior, and that section 3 also provides that a portion of the receipts is to be placed in a solidarity fund managed by the National Commission, that the Ministry of the Interior determines the quotas and that the fund must be used to finance national or local investment projects. The Committee also notes that, in accordance with Decree No. 100/79 of 29 May 1979, the regional planning subcommittee advises the National Commission on the general outline of the work and draws up the work programme on the basis of general guide-lines from the National Commission. As the Committee has already noted, the above-mentioned texts limit the role of the communities to supervision and day-to-day implementation of the work, in accordance with the general plan of the subcommittee.

The Committee refers once again to paragraph 37 of its General Survey of 1979 on the Abolition of Forced Labour, in which the criteria determining the limits of the exception provided for in Article 2, paragraph 2(e), of the Convention are enumerated:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the Community Council) must "have the right to be consulted in regard to the need for such services".

In view of the Government's previous indications concerning the practice in this matter, the Committee again expresses the hope that the Government will reconsider the texts in question in the light of these indications and that the necessary measures will be taken rapidly in order to bring the legislation into conformity with the Convention and with the practice described.

2. In its previous comments, the Committee referred to sections 340 and 341 of the Penal Code, under which persons can be placed at the disposal of the Government as a penalty for mendacity and vagrancy for periods of between one and five years, during which time they are compelled to work in a specialised institution. The Committee noted the Government's statement to the effect that, as part of the campaign against the rural exodus, the persons placed at the disposal of the Government by virtue of sections 340 et seq. of the Penal Code are generally returned to their place of origin and it is only where there is repetition or an obvious offence that they are placed in prison establishments devoted to various activities that enable them to receive training and prepare them for social rehabilitation. The Committee requested the Government to indicate which authorities are responsible for placing persons at the disposal of the Government and to furnish copies of the most relevant judgements, if any, handed down in the matter.

The Committee notes that the Government again states that the matter is under study and that a reply will be furnished with the next report, and hopes that the Government will supply the information requested.

3. In its earlier comments, the Committee requested the Government to indicate the conditions under which students may now benefit from state financial assistance for the completion of their studies. The Committee notes the information supplied by the Government to the effect that study grants are provided by the State without any particular conditions other than that beneficiaries must be in possession of a recognised diploma. The Committee again requests the Government to provide a copy of the relevant texts in this connection.

4. The Committee noted previously that, by virtue of section 43 of Presidental Decree No. 1/106 of 25 October 1967, to issue the conditions of service of non-commissioned officers in the armed forces, and of section 44 of Presidential Decree No. 1/111 of 10 November 1967, to issue the conditions of service of officers, the Minister of Defence may refuse to accept a resignation when he considers that it is incompatible with the interests of the service. The Committee requested the Government to supply information regarding the criteria used in evaluating the interests of the service.

The Committee notes that, in its last report, the Government indicates that it is not appropriate to provide information on the manner in which the armed forces are managed; the competent authority is entitled to use its discretion in evaluating the interests of the service.

The Committee draws the Government's attention to paragraph 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, in which it observes that the worker's right to free choice of employment is inalienable, and that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law. Referring more particularly to career servicemen, the Committee observes that persons who have voluntarily entered into an engagement may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. Accordingly, the discretionary power of the authority is limited by the workers' rights. The Committee requests the Government to indicate in what circumstances the authority considers that the interest of the service requires servicemen to be retained in employment, the nature of the sanctions to which they are liable and the possibilities of appeal against decisions to refuse resignation.

The Committee also noted that, under section 4 of Legislative Decree No. 1/53 of 1 June 1971 to lay down the procedure for recruitment to the armed forces and the military obligations, these obligations last for 15 years. It also noted that Presidential Decree No. 1/118 of 18 November 1967 to lay down the situation of other ranks within the armed forces, contains no provision relating to resignation since engagement is by fixed-term contract. The Committee requested the Government to indicate the duration of the contracts referred to in section 3 of Presidential Decree No. 1/118.

The Committee takes note of the Government's indications in its report to the effect that the duration of the contracts referred to in section 3 of Presidential Decree No. 1/118 is generally six years, renewable once.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous comments, the Committee referred to the provisions of Ordinance No. 710/275 of 25 October 1979 laying down certain obligations concerning the conservation and utilisation of soils and Ordinance No. 710/276 of 25 October 1979 providing for the obligation to create and maintain minimum areas of food crops, as amended by Presidential Decrees Nos. 100/143 and 100/144 of 30 May 1983. The Committee noted the Government's statement that the abolition in 1983 of the penalties which were provided for in section 4 of Ordinance No. 710/275 and section 3 of Ordinance No. 710/276 (laying down that infringements of these Ordinances could be punished by sentences of imprisonment) was intended to give these Ordinances a merely exhortative character and had had this effect. The Committee recalled the Government's earlier indication that all the work covered by the above texts was, in practice, voluntary and expressed the hope that the necessary measures would be adopted to make the voluntary nature of the provisions statutory.

The Committee notes from the information supplied by the Government in its report that consultations to bring these texts into full conformity with the Convention or to repeal them are being pursued. The Committee hopes that the Government will shortly be able to indicate the measures adopted to this end.

2. In its previous comments, the Committee asked the Government to indicate the measures taken to make the public aware of the repeal of the texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952; Ordinance No. 21/86 of 10 July 1953; Decree of 10 May 1957).

The Committee notes the Government's statement that the above provisions are contrary to the provisions of the Constitution and are not contained in the published collections of laws and regulations in use; the Government is examining the texts in question and will communicate the provisions adopted in this connection. The Committee expresses the hope that the Government will shortly be able to report on the measures adopted to bring the national legislation formally into line with the Convention so that there is no doubt or uncertainty as to the present status of positive law (as distinct from customary law).