Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (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.