Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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

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

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

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 Furthermore, the Committee notes that, according to the Government, the Legislative Decree of 29 May 1979 has been repealed.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

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

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

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

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

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

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

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