185. The separation of men and women in the prison environment as well as the fight against sexual
violence against women in these environments may offer intermediate solutions, since they may
significantly reduce pregnancies and child birth during incarceration.
186. With regard to health care and education, the implementation of the new sectoral policy of the
Ministry of Justice provides access to these services.
187. An innovation that aims to reduce / prohibit the detention of women and their children is
article 32 of the new Code of Criminal Procedure which stipulates that a pregnant woman of over
six months or who breastfeeds an infant under six months of age may be held in custody only for
the crimes and on authorisation of the Public Prosecutor.
d) Children in situation of exploitation and abuse
i. Economic exploitation including child labour
188. According to statistics from the 2008 General Population Census, 90 per cent of Burundi's
population lives in rural areas, while the majority of the population (52 per cent) is under the age of
18 years. The vast majority of Burundian children inevitably suffer from the direct and indirect
consequences of the conflict.
189. Very often, children are victims of the worst forms of violence. Some children are forced to
take on the responsibilities of adults to support themselves and their families.
190. In order to combat these abuses, Decree-Law No. 1037 of 7 July 1993 revising the Labour
Code of Burundi prohibits child labour before the age of 16, except for those jobs authorised by the
Minister such as light work and apprendiceship that do not harm the health, development and
education of children. It also prohibits night work for children under 18 years of age.
191. In addition to national labour regulations, in September 2009, Burundi adopted the National
Action Plan (NAP) for the Elimination of the Worst Forms of Child Labour (WFP).
192. In addition, the NAP provides for 6 areas of intervention:
(i) strengthening of legislation;
(ii) advocacy and sensitisation on child labour and related legal provisions;
(iii) institutional capacity building of stakeholders;
(iv) promoting Education For All (EFA);
(v) support to poor / needy families, prevention, withdrawal, rehabilitation and socio-economic
integration,
(vi) programme coordination and management. 1
93. As of 2015, the NAP advocates for the elimination of the worst forms of child labour in
Burundi; by 2025, the NAP will serve as a reference tool that has promoted the elimination of the
worst forms of child labour.
194. The NAP is part of the PRSP II and is implemented by the Ministry of Public Service, Labour
and Employment.
43