Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.