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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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 hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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