i.
Other forms of abuse and exploitation such as begging, early pregnancy,
208. Child begging is a phenomenon that exists in Burundi. Sometimes children are encouraged by
adults or their parents who use them to earn the proceeds of begging. This theme is addressed by the
National Strategy for the prevention and sustainable fight against the issue of street children
adopted by the Government in December 2013. This strategy identifies actions in three areas:
(i) those related to prevention;
(ii) appropriate response and care actions;
(iii) Those relating to the coordination of the various stakeholders in this sector.
vi. Child sale, trafficking and kidnapping
209. In Burundi, human beings cannot be sold: any contract that concerns an individual himself
is illegal and can not produce any effect in law.
210. With regard to violations against individual freedom, the criminal law of 2009 punishes
trafficking and smuggling of persons (Articles 242 and 243) and kidnapping (Articles 244 and
245).
211. Article 242 of the Penal Code punishes by imprisonment any person who has entered into
an agreement for the purpose of alienating, free of charge or not, the freedom of a third person.
Money, goods and other valuables received in execution of the agreement are confiscated. The
same provision penalises persons who have entered into agreements for the purpose of sexual
exploitation of the victim.
212. Similarly, article 243 punishes the act of removing individuals from Burundi with a view to
enter an agreement abroad for the purpose of sale, trafficking and abduction. The penalty
provided by law is aggravated if the victim is a child under 18 years of age.
213. Burundi has recorded 4 judicial cases opened in 2013 against human traffickers, 3 court
cases in 2014, 3 court cases in 2015 and 4 court cases as at 30 June 2016.47 In general, the
victims are underage girls and women who return to their homes once their cases are closed.
214. To counter this phenomenon, a law on trafficking in persons, including children, was
promulgated in October 2014 by the Head of State and a National Action Plan for its
implementation was also adopted.
215. At regional level, Burundi is signatory to the Palermo Protocol and has joined the multilateral
cooperation agreement to combat trafficking in persons, particularly women and children.
47
Reports from the Juvenile Police and Moral Protection
46