Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Burundi (Ratification: 2002)

Autre commentaire sur C182

Observation

Demande directe

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Articles 3(d) and 4(1) and (2) of the Convention. Hazardous work, determination of hazardous types of work and identification of where these types of work exist. Children working in the informal economy. In its previous comments, the Committee noted Ordinance No. 630/1 of 5 January 1981 concerning child labour, which prohibited night work by children under 18 years of age, work that may exceed their strength, hazardous or unhealthy types of work, and work of an immoral nature, and contained a detailed list of types of activities prohibited for children. However, the Committee observed that this prohibition did not apply to children who were not in a contractual employment relationship, and that children were subjected to work which exceeded their strength and they received very low pay in many households. In this regard, the Government indicated that it had already set in motion a process to eradicate the worst forms of child labour in the informal economy, that the list of hazardous types of work and worst forms of child labour was to be updated in the context of the National Action Plan 2010–15 for the elimination of the worst forms of child labour, and that the new texts would include provisions relating to child labour in the informal economy.

The Committee notes that the Government provides in its report a detailed list of hazardous types of work prohibited for children under 18 years of age, as part of the implementation of the National Action Plan. The Government also indicates that the Child Protection Code is being drawn up. The Committee requests the Government to indicate under which provisions the list of hazardous types of work prohibited for children under 18 years of age has been updated. The Committee expresses the firm hope that the draft Child Protection Code will be adopted as soon as possible and that its provisions will incorporate protection of children engaged in hazardous work in the informal economy. It requests the Government to send a copy of the Code when it has been adopted.

Articles 5 and 6. Monitoring mechanisms and programmes of action. In its previous comments, the Committee noted that there was no specific inspection service for child labour in Burundi and that the number of labour inspectors was insufficient in view of the prevalence of child labour in the country. The Committee asked the Government to provide information on the results achieved through the implementation of the National Action Plan with regard to strengthening the capacities of law enforcement bodies in relation to the worst forms of child labour, including in the informal economy.

The Committee notes the Government’s indication that the lack of financial resources prevents the effective reinforcement of the capacities of bodies responsible for law enforcement relating to the worst forms of child labour in the informal economy. Moreover, the Committee notes that the Government, in its 2017 report on the Labour Inspection Convention, 1947 (No. 81), indicates that 11 labour inspectors are responsible for the enforcement of laws and regulations and that three inspectors are responsible for the collection of labour statistics. The Committee recalls that monitoring mechanisms are essential for the application of the provisions of the relevant legislation. The Committee urges the Government to take the necessary steps to strengthen the capacities of the bodies responsible for enforcement of the laws relating to the worst forms of child labour, including in the informal economy.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that the National Strategic Plan against HIV/AIDS for the 2007–11 period (2007–11 National Strategic Plan) provided support for the schooling of over 90,000 orphans and vulnerable children (OVCs). However, the Committee noted that, according to estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS) for 2009, some 200,000 children were HIV/AIDS orphans in Burundi. According to UNAIDS estimates for 2015, there were 69,000 HIV/AIDS orphans under 17 years of age in Burundi. The Committee asked the Government to provide information on the results achieved through the implementation of the 2007–11 National Strategic Plan, including the number of HIV/AIDS orphans who had been enrolled in school.

The Committee notes the Government’s indications that the 2007–11 National Strategic Plan established support activities for orphans to prevent their engagement in the worst forms of child labour, providing educational support for 91,572 OVCs and medical assistance for 24,878 children living with AIDS. The Committee notes that, in a speech of 12 July 2018, the First Lady of Burundi observed that, even though the national rate for persons living with AIDS stands at 0.9 per cent, it is 3.6 per cent in Bujumbura Mairie, with girls in the 15–24 age group particularly affected. The Committee also notes that for 2017, UNAIDS estimated 52,000 children under 17 years of age to be HIV/AIDS orphans in Burundi. The Government has adopted a new National Strategic Plan against HIV/AIDS for the 2014–17 period, which establishes comprehensive care for OVCs with medical assistance and educational support. The Committee requests the Government to continue its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. It also requests the Government to provide information on the results achieved through the implementation of the National Strategic Plan against HIV/AIDS for 2014–17.

2. Street children. In its previous comments, the Committee noted the Government’s indication that the Ministry of Labour had collaborated with national and international non-governmental organizations (NGOs) to remove children from the streets and socially and economically integrate them, including as part of the “Enfants Soleil” project of the Ministry of National Solidarity, Personal Rights and Gender. It also noted that two centres for the rehabilitation of children were opened in Ruyigi and Rumonge in 2015, and that the Government had drawn up an Action Plan for 2014–16 as part of the National Strategy for preventing and combating the phenomenon of street children (National Strategy).

The Committee notes the Government’s indications that the National Strategy has enabled cooperation between parties involved in child protection to promote the socio-economic reintegration of these children. The Government also indicates that additional rehabilitation centres have been established in Ngozi, particularly for girls. However, in its report, the Government presents these rehabilitation centres as prisons specifically for children. The Committee notes that in the report of the Office of the United Nations High Commissioner for Human Rights of November 2017, the Human Rights Council observed that the Office of the United Nations High Commissioner for Refugees (UNHCR) expressed concern at the systematic practice of police round-ups targeting street children, leading to the detention of the minors and their forced return to their supposed areas of origin. The UNHCR recommended that the Government convert the current practices of police control and repression against street children into a prevention and protection response system (A/HRC/WG.6/29/BDI/2, paragraph 55). The Committee recalls that children living in the streets are particularly at risk from the worst forms of child labour. The Committee requests the Government to take specific measures to protect adequately children living in the streets against exploitation and to ensure their rehabilitation and social integration. It once again requests the Government to provide information on the results achieved through the adoption of the National Strategy and the related Action Plan for 2014–16 for preventing and combating the phenomenon of children in street situations.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Particular situation of girls. The Committee notes that UNESCO (in its contribution to the Universal Periodic Review of January–February 2018) and the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), while welcoming the measures in place to increase the enrolment of girls in school, highlight the fact that the drop-out rate for girls at the secondary level is extremely high and call on the Government to continue its efforts to ensure education for girls (CEDAW/C/BDI/CO/5-6, paragraph 34). The Committee also notes that CEDAW, in its concluding observations, deplores the lack of protection of domestic workers from exploitation and sexual abuse and the fact that girls continue to be exploited, especially in domestic work (CEDAW/C/BDI/CO/5-6, paragraph 36). The Committee recalls that education contributes to preventing and combating the engagement of children in the worst forms of child labour. The Committee requests the Government to take effective and time-bound measures to prevent the exploitation of girls in domestic work. In this regard, it requests the Government to take the necessary steps to improve the functioning of the education system, including by increasing the rate of enrolment and the rate of completion in secondary education for girls.