Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Burkina Faso (Ratification: 1962)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 47 of the new Labour Code (Act No. 33-2004/AN of 14 September 2004) continues to cover only quid pro quo harassment. With reference to its general observation of 2002, the Committee requests the Government to indicate the measures taken or envisaged to prohibit and prevent hostile working environment harassment in practice. Please also provide information on the practical application of section 47, including regarding the number and outcomes of any cases brought before the court.

2. Article 2. Promotion of the principle of the Convention. The Committee notes with interest the adoption of a national policy for the promotion of women by Decree No. 2004-486/PRES/PM/MPF of 10 November 2004. The Government is asked to provide a copy of this policy as well as information on the measures taken under this policy to promote the principle of equality of opportunity and treatment with respect to employment and occupation, and the results achieved.

3. Article 5. Measures of protection for women. With reference to its previous comment, the Committee welcomes that section 107 of the 1992 Labour Code, which provided that women may not be kept in jobs which are acknowledged to be beyond their strength and must be assigned to suitable employment, has not been maintained in the new Labour Code. However, the Committee notes that, pursuant to section 140 of the new Code, certain types of work can be prohibited for women by regulation and upon the advice of the Labour Advisory Council. The Government is asked to provide a copy of the pertinent regulations as well as a list of the jobs prohibited and the reasons for such prohibition.

4. The Committee further notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read, in relevant parts, as follows:

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2. Discrimination on grounds of colour, national extraction and race. The Committee notes that section 1 of the draft Labour Code reproduces almost word for word the provisions of Article 1 of the Convention, and includes "colour" and "national extraction" among the prohibited grounds of discrimination. The Committee reiterates its hope that the final text of the Labour Code will at last be adopted. Referring once again to its earlier direct requests concerning amendment of the Penal Code, which makes racial discrimination a criminal offence, the Committee requests the Government to provide the Office with a copy of the amendment of the Penal Code, together with information on the practical effect given to the amendment and on court decisions.

3. Article 2. Promotion of the national policy. The Committee notes the various strategies mentioned in the Government’s report that have been adopted or are envisaged to promote employment and vocational training. It notes in particular the adoption of the "Strategic Framework for the Promotion of Employment and Vocational Training in Burkina Faso", the project for an Employment and Vocational Training Observatory and the Bill to set guidelines for the promotion of employment on vocational training. The Committee would be grateful if the Government would indicate to what extent and by what means the abovementioned strategies help to promote equality of opportunity and treatment in employment and training with a view to eliminating all discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, and to provide the full text of the abovementioned "Strategic Framework".

4. Equal treatment for men and women. The Committee requests the Government to provide details of the practical effect given to the Act of 28 April 1998 to ensure equal access to employment without distinction in the public sector. Recalling its previous direct request, the Committee also asks the Government to provide full information on the measures taken to improve standards of education for women, the results of the measures for women’s participation in vocational training and university and their promotion to management posts, and to report on the progress of the draft legislation to promote women’s development in rural areas. The Committee notes the creation in 2002 of the Ministry for the Advancement of Women and requests the Government to provide information on the activities undertaken by the above Ministry to promote the principles of the Convention.

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6. Part V of the report form. Statistics. The Committee notes that the Government has provided no statistics in its report and would point out the importance of such statistics to an evaluation of progress and to more effective promotion of the principles contained in the Convention. It hopes that in its next report, the Government will provide recent statistics, disaggregated by sex, race and ethnic origin, on the distribution of Burkinabes in the various sectors of the economy and the different occupations.