Government of Burundi has not yet reviewed the existing law to harmonise it with the Convention
which states that "a child means every human being under the age of 18, unless the majority is
attained earlier under the law applicable to the child, majority is attained earlier "(art.1).
27. The age of marriage is 18 for girls and 21 for boys. Nevertheless, there are cases in the country,
of young girls who marry or who voluntarily or forcibly engage in sexual acts while they have not
yet reached adult age. This situation is particularly attributable, in addition to the traditional bad
practices of early marriage, to the perverse and multiform effects of a war that took place in the
country and which resulted in promiscuity in places and homes, rapes, depravation of morals and
the erosion of public morality, debauchery and prostitution associated with poverty, clash of
cultures, consumption of drugs and impunity, to name but a few.
28. With regard to the voting age, it is 18 years old.
29. The Labour Code in Burundi sets the minimum age for admission to employment at 16 years of
age. Ministerial Ordinance No. 630/1 of 5 January 1981 regulating child labour prohibits the work
of any child under 16 years of age.
30. The Burundian legislation protects minors against participation in armed conflicts, as the
Constitution provides that "No child shall be used directly in armed conflict and the protection of
children shall be ensured in times of conflict" (article 45). The minimum age for voluntary
recruitment or recruitment into government armed forces has increased from 16 to 18 years. Indeed,
the law n ° 1/17 of April 29, 2006 on the statute of members of the National Defence Force
specifies that in order to be enrolled within this Force as a military man, it is compulsory to be at
least 18 years old.
31. In terms of the minimum legal age, it therefore appears that for two very specific situations (age
of civil majority and age of marriage for boys), there is a difference between the definition of the
child in the Charter and that of the Burundian legislation which sets it at 21 years old. In short, there
is a typology of definitions of the word "child" according to the fields in which we work.
IV. GENERAL PRINCIPLES
a) Non-discrimination
32. Article 13 of the Constitution of the Republic of Burundi states that "All Burundians are equal
in merit and dignity. All citizens enjoy the same rights and are entitled to the same protection of the
law. No Burundian will be excluded from the social, economic or political life of the nation because
of his or her race, language, religion, sex or ethnic origin ". Article 22 complements Article 13 by
stating that "All citizens are equal before the law, which gives them equal protection. No one shall
be discriminated against because of his or her origin, race, ethnicity, sex, colour, language, social
status, religious, philosophical or political beliefs, because of a physical or mental disability or
suffering from HIV / AIDS or any other incurable disease. "The requirements of these articles are
reflected in the good steps taken by the Government of Burundi to improve access to services,
especially those for children. This includes:
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