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Burundi
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the 2005 Constitution at article 26 which prohibits slavery in all its forms. Enslavement is criminalised when committed as an element of a crime against humanity in article 196 of the Penal Code, while article 242 criminalises ‘entering into an agreement to alienate the freedom of a third person’.
Practices similar to slavery
There appears to be no legislation in place in Burundi which prohibits institutions and practices similar to slavery, although article 29 of the 2005 Constitution prohibits marriage not based on the full consent of both parties.
Servitude
Provisions related to servitude are found in the 2005 Constitution at article 26 which declares that no one may be kept in servitude.
Forced or compulsory labour
Provisions related to forced labour are found in the Labour Code which prohibits forced labour at article 2, although the penalties outlines in article 292 are limited to a fine of 2,500 to 5,000 FBU (or 5,000 to 10,000 FBU in the case of recidivism).
Human trafficking
Provisions related to trafficking in persons are found in the 2005 Constitution which prohibits human trafficking in all its forms. Law No. 1/28 of 29 October 2014 on the Prevention and Punishment of Trafficking in Persons and the Protection of Traffic Victims also prohibits trafficking in persons.
Forced marriage
There appears to be no legislation in Burundi that addresses forced marriage, although the 1993 Family Law addresses the absence of one of the qualities and conditions required to contract marriage or the existence of one of the impediments to marriage.
Consent to marriage
Servile marriage
There appears to be no legislation in Burundi that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Burundi are found in the LAW NO. 1/28 OF 29 OCTOBER 2014 ON THE PREVENTION AND PUNISHMENT OF TRAFFICKING IN PERSONS AND THE PROTECTION OF TRAFFIC VICTIMS 2014, which prohibits practices similar to slavery at Article 4, with a potential penalty of by penal servitude of five to ten years and a fine from 100,000 FBu to 500,000 FBu. This article includes forced marriage into practices similar to slavery.
Minimum age for marriage
The minimum age for marriage in Burundi is 18 for females and 21 for males, as set out on Article 88 of the 1993 Family Code. Where marriages are conducted involving a person below the minimum age, the marriage is affected by absolute nullity, as set out on Article 143 the 1993 Family Code. However, marriages below this age are permitted for serious reasons and with the consent of their parents, as set out on Article 143 the 1993 Family Code. These exceptions are not differentiated by gender.
Region
Africa
Regional Court
African Court on Human and Peoples’ Rights
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- African Court on Human and Peoples’ Rights
- African Union
Legislative Provisions
1955 ENGEN REPORT
Paragraph 14
The following are punishable offences: the abduction by means of violence, frauds, or threats of any person for the purpose of trade or slavery, the receiving, conveying or transportation of slaves (Decree of the King Sovereign of 1 July 1891 to suppress the slave trade), and acts whereby a person disposes of other placed under his authority for sale as slaves (Penal Code, section 68)
CONSTITUTION OF BURUNDI 2005
Article 19
The rights and duties proclaimed and guaranteed, between others, by the Universal Declaration of Human Rights, the International Pacts related to human rights, the African Charter of human and community rights, the Convention on the elimination of all forms of discrimination at towards women and the Convention related to children’s rights are an integral part of the Constitution of the Republic of Burundi.
These fundamental rights are not the object of any restriction or derogation, except in certain circumstances justifiable by the general interest or the protection of a fundamental right.
Article 20
All the citizens have rights and duties.
Article 21
Human dignity is respected and protected. All violations of human dignity are punishable by the penal code.
Article 25
All women and men have the right liberty, notably to physical and psychic integrity and the freedom of movement. No one may be submitted to torture, cruel, inhumane, or degrading torture or punishment.
Article 26
No one may be kept in slavery or servitude. Slavery and human trafficking are prohibited in all their forms.
Article 29
The liberty to marry is guaranteed, as is the right to choose one’s partner. Marriage may not occur without the freedom and full consent of the future spouses.
Marriage between two people of the same sex is prohibited.
Article 44
All children have the right to particular measures to assure or ameliorate the care necessary to their wellbeing, health, physical security protection against abuse, violence or exploitation.
Article 54
The state recognizes to all citizens the right to work and endeavors to create the conditions that render effective the enjoyment of this right. It recognizes the right of all persons to enjoy proper and satisfying work conditions and guarantees to the laborer the just compensation for his or her services or production.
PENAL CODE (REV. 2009)
Article 196
A crime against humanity of any of the following acts when committed as part of a widespread or systematic attack against any civilian population with knowledge of the attack:
3 Enslavement;
5 Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
7 Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity;
11 Other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health.
Article 197
For the purposes of the preceding article:
3 The term “enslavement” means the pursuit of a person any or all powers relating to property rights, including in the context of human trafficking, especially women and children;
Article 242
Any person who has entered into an agreement to alienate the freedom of a third person, whether gratuitously or for consideration, shall be punished with penal servitude from five years to ten years.
Money, goods and other valuables received in execution of the agreement shall be forfeited.
The same penalties are imposed on persons who have concluded such a convention for the purpose of sexual exploitation or domestic exploitation of the victim.
Article 243
The penalties provided for in article 242 shall be the introduction into Burundi of persons intended to be the subject of the aforesaid Convention, or of removing individuals from the country for the purpose of the said Convention to contract abroad.
However, the penalty shall be increased to twenty years if the person who has been subjected to it, either inside or outside Burundi, is a child under the age of eighteen years.
Article 519
Anyone who has used, hired or offered a child for prostitution, production of pornography or for pornographic performances is punishable by imprisonment of three to five years and a fine of one hundred thousand to five hundred thousand francs .
Article 540
The penalties in the first paragraph of the preceding article shall apply to:
1 ° Every person hired, abducted or enticed, to debauchery or prostitution, another adult or minor, even with the consent;
2 ° Anyone who enjoys the same purpose, an adult or minor, even consenting.
Article 542
Is punishable by two to five years’ imprisonment and a fine of one hundred thousand to one million francs, who, directly or through intermediaries, conducts, manages, or knowingly finances or takes part in financing a brothel.
Article 543
Is punishable by one year to five years’ imprisonment and a fine of twenty thousand to two hundred thousand francs, anyone, in any form, taking advantage of prostitution, sharing the proceeds of prostitution of an adult or minor, even if it is willing, or receives payments from a person who habitually engages in prostitution.
Article 544
Is punishable by imprisonment of one to three years and a fine of twenty thousand to fifty thousand francs, anyone, in any way aids, assists or knowingly protects the prostitution of others, or soliciting for prostitution.
Article 545
The penalties provided in the preceding article shall apply to any person who acts as an intermediary in any capacity between those who habitually engages in prostitution and individuals who exploit or remunerate the prostitution of others.
Article 546
Anyone who knowingly gives or takes rent, in whole or in part, a building or any premises for the purpose of prostitution of others is punishable by two to five years’ imprisonment and a fine of fifty thousand to one million francs or one of these penalties.
LABOUR CODE
Article 2
Forced or compulsory labor is absolutely prohibited.
Any work or service required of an individual under threat of any kind of punishment for which the said person has not offered himself voluntarily falls under the prohibition.
Excluded are:
- Military obligations or other civic obligations in the public interest;
- The services required in cases of force majeure such as war, disasters, threats of loss, prevention of famine, natural disasters, epidemics and, in general, circumstances likely to endanger the life of others or conditions of existence Of all or part of the population;
- The work required of an individual as a result of a judicial conviction, provided that such work is carried out under the supervision of the public authorities and that the individual is not placed at the disposal of individuals or private legal persons.
Article 292
The perpetrators of violations of the provisions of Articles 2, 81, 103, 115 and 269 and their execution measures are punished with a fine of 2,500 to 5,000 FBU and in the event of a recurrence of 5,000 to 10,000 FBU.
LAW NO. 1/28 OF 29 OCTOBER 2014 ON THE PREVENTION AND PUNISHMENT OF TRAFFICKING IN PERSONS AND THE PROTECTION OF TRAFFIC VICTIMS
Article 4
For the purposes of this Act:
(a) “Trafficking in persons” means the recruitment, transportation, transfer, accommodation or receipt of persons, by the threat or use of force or other forms of coercion, by kidnapping, fraud, deception, abuse of authority or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having authority over another, including the parental or legal authority, the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced work or services, or slavery practices similar to slavery, servitude or the removal of organs.
(g) The term “debt bondage” means the state or condition resulting from the fair a debtor has committed to provide as security for a debt his personal services or those of someone on whom he authority, if the fair value of these services is not be affected in the liquidation of the debt or the length of these services is not reasonably limited nor defined their character.
(i) The term “forced labour or services” means Article 2 of the Code debts, serfdom, forced or servile marriages and the exploitation of children.
(j) The term “practices similar to slavery” includes debt bondage, serfdom, forced or servile marriages and the exploitation of children.
(m) the term “servitude” means a dependence condition in which the labour or services of a person are provided or obtained by means of threats serious harm to that person or another person, or by a ploy, plan or manoeuvre aimed to convince the person, if not provide work or services in question, she or another person would suffer serious harm knowing that the person cannot escape or change this.
(n) the term “exploitation” includes the following cases:
4) the work, workfare permission or holding a person in conditions for forced work or services, to slavery, servitude, or similar practices to slavery, to sexual exploitation or in conditions contrary to human dignity.
(p) The term “slavery” means the state or condition of a person on which exercised the attributes of ownership or some of them even when this state or condition results from the consequence of a debt or contract entered into by the person concerned.
CONSTITUTION OF BURUNDI 2005
Article 29
The liberty to marry is guaranteed, as is the right to choose one’s partner. Marriage may not occur without the freedom and full consent of the future spouses.
Marriage between two people of the same sex is prohibited.
Constitution of Burundi 2018 – Constitute Project – English (PDF)
LAW NO. 1/28 OF 2014 ON THE PREVENTION AND PUNISHMENT OF TRAFFICKING IN PERSONS AND THE PROTECTION OF TRAFFIC VICTIMS
Article 4
For the purposes of this Act:
(a) “Trafficking in persons” means the recruitment, transportation, transfer, accommodation or receipt of persons, by the threat or use of force or other forms of coercion, by kidnapping, fraud, deception, abuse of authority or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having authority over another, including the parental or legal authority, the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced work or services, or slavery practices similar to slavery, servitude or the removal of organs.
(g) The term “debt bondage” means the state or condition resulting from the fair a debtor has committed to provide as security for a debt his personal services or those of someone on whom he authority, if the fair value of these services is not be affected in the liquidation of the debt or the length of these services is not reasonably limited nor defined their character.
(i) The term “forced labour or services” means Article 2 of the Code debts, serfdom, forced or servile marriages and the exploitation of children.
(j) The term “practices similar to slavery” includes debt bondage, serfdom, forced or servile marriages and the exploitation of children.
(m) the term “servitude” means a dependence condition in which the labour or services of a person are provided or obtained by means of threats serious harm to that person or another person, or by a ploy, plan or manoeuvre aimed to convince the person, if not provide work or services in question, she or another person would suffer serious harm knowing that the person cannot escape or change this.
(n) the term “exploitation” includes the following cases:
4) the work, workfare permission or holding a person in conditions for forced work or services, to slavery, servitude, or similar practices to slavery, to sexual exploitation or in conditions contrary to human dignity.
(p) The term “slavery” means the state or condition of a person on which exercised the attributes of ownership or some of them even when this state or condition results from the consequence of a debt or contract entered into by the person concerned.
Article 10:
A sentence of penal servitude of five to ten years, along with a fine ranging from one hundred thousand Burundian francs (100,000 FBu) to five hundred thousand Burundian francs (500,000 FBu), is imposed on anyone who, for the purpose of exploitation, recruits, transports, transfers, harbors, or receives a person by means of threats, the use of force, or other forms of coercion, through abduction, fraud, deception, abuse of authority or of a position of vulnerability, or by offering or accepting payments or benefits to gain the consent of a person having authority over another.
The recruitment, transport, transfer, harboring, or receipt of a child for the purpose of exploitation is punishable by the same penalty without the need for the aforementioned means.
Article 18:
The offense described in Article 10 is punishable by penal servitude of 10 to 15 years and a fine of three hundred thousand Burundian francs (300,000 FBu) to two million Burundian francs (2,000,000 FBu) when the offense is committed:
- By a person who abuses the authority or privileges conferred by their position;
- By a public official in the exercise of their duties;
- When it constitutes participation in the primary or secondary activities of an association, regardless of whether the offender holds a leadership position.
Article 19:
The offense described in Article 10 is punishable by penal servitude of 15 to 20 years and a fine of five hundred thousand Burundian francs (500,000 FBu) to ten million Burundian francs (10,000,000 FBu) in the following cases:
- When the offense is committed against a child;
- When it is committed by exploiting the vulnerability of a person due to their illegal or precarious administrative status, social instability, age, pregnancy, illness, disability, or physical or mental impairment, leaving the person with no real or acceptable choice other than to submit to the abuse;
- When it is committed using direct fraudulent maneuvers, violence, threats, or any form of coercion;
- When the victim’s life is deliberately or negligently endangered;
- When the offense causes an incurable disease, permanent physical or mental disability, complete loss of an organ or its function, or serious mutilation;
- When the offense is part of a habitual activity;
- When the offense constitutes participation in the primary or secondary activities of a criminal organization, regardless of whether the offender holds a leadership position.
FAMILY CODE 1980 (AMENDED 1993)
Article 87
Marriage is the voluntary union of man and woman, in accordance with civil law.
Article 88
The man before the age of twenty-one and the woman before the age of eighteen can contract marriage. However, the provincial governor may grant exemption from age for serious reasons.
Article 89
Without prejudice to the provisions of paragraph 2 of the preceding article, the man and woman who have not reached the age of majority cannot enter into marriage without the consent of their father and mother
If the father or mother is deceased or if one of them is absent or prohibited, the consent of the other parent is sufficient.
Article 90
In the event of refusal by one of the parents, the family council may be seized of a request for consent to marriage, introduced by one of the parents or the future husband.
Article 91
The decision of the family council concerns either consent to the marriage or confirmation of the refusal, or imposition on the future spouses of a cooling-off period which cannot exceed six months and at the end of which the marriage can be celebrated.
Article 92
In the event of the death of both parents or if they are absent or prohibited, the consent is given by the family council of the future husband.
Article 93
The validity of the marriage cannot be conditioned by the payment of a dowry, even in the case of a written commitment by the future spouse.
Article 104
The right to oppose the celebration of a marriage belongs to everyone interested party, to the public prosecutor, as well as to the registrar.
Article 105
Under penalty of nullity, the opposition must be motivated. Can be invoked as grounds for opposition:
a) the absence of one of the qualities and conditions required to contract marriage;
b) the existence of one of the impediments to marriage
Article 120
Is liable to a penal servitude of ten months to two years and a fine of four thousand to twenty thousand francs or one of these two penalties only, the officer of civil status which celebrates a marriage in violation of the provisions of this chapter.
Article 140
The causes of absolute nullity are those exhaustively provided for by law. The judge cannot appreciate them.
The other grounds for nullity are relative. The judge appreciates them sovereignly.
The action for absolute nullity belongs to any interested person and to the ministry public.
The action based on a relative nullity belongs only to the spouses, the parents and the family council.
Article 143
The causes of absolute nullity are:
a) impuberty;
b) marriage between relatives or allies to the prohibited degree;
c) bigamy;
d) the absence of the consent of a spouse
Article 146
Parents or the family council who have consented to the marriage of an impubeous are never admissible to request the nullity.
Article 147
Nullity for lack of consent of a spouse can no longer be requested as soon as there has been continued cohabitation for one year.
Article 148
The causes of relative nullity are in particular:
– the defect of consent of one of the spouses;
– lack of consent from parents or the family council;
– the clandestinity of the celebration;
– incompetence of the registrar or usurpation of functions.
Article 149
A defect occurs when the consent of a spouse has been given in error or extorted by violence.
The error is only a cause of nullity if it results from a substitution of persons in the moment of celebration, or of a usurpation of state or name
Article 150
The action for nullity for defect of consent belongs to the spouse whose consent was vitiated.
Article 151
The action in nullity for defect of consent is no longer admissible as soon as there has been cohabitation continued for six months from the discovery of the error or cessation of violence.
Article 152
The action for nullity for lack of consent belongs to:
a) to the parents, or to the family council whose consent has been evaded;
b) to the spouse who has not obtained the required consents.
Article 153
Parents or the family council can no longer bring an action for nullity for lack of consent:
(a) when they have approved the marriage, expressly or tacitly;
b) when six months have passed without a complaint on their part since they had knowledge of the marriage.
Article 154
The spouse can no longer bring an action for nullity for lack of consent of the parents or family council when there has been continued cohabitation for six months without complaint on his part