Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Burundi (Ratification: 1993)

The Committee welcomes the detailed information provided by the Government in its report. It also recalls the communication submitted by the International Confederation of Free Trade Unions (ICFTU) and notes the information provided by the Government in response.

1. Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes with interest the adoption of the new Constitution and its approval by referendum on 28 February 2005. It notes in particular that article 22 of the Constitution forbids discrimination based of an individual’s origin, race, ethnicity, sex, colour, language, social situation, religious, philosophical or political convictions, physical or mental handicap or because they are suffering from HIV/AIDS or any other incurable disease. It notes in addition that the Government adopted Act No. 1/018 of 12 May 2005, which provides special protection from discrimination on the basis of HIV/AIDS in the context of work. The Committee invites the Government to clarify whether article 22 of the Constitution covers the grounds of national extraction and social origin as listed in Article 1(1)(a) of the Convention. Please also indicate the measures adopted or envisaged to ensure the application of the rights set out in article 22.

2. Sexual harassment. The Committee notes the Government’s indication that in the context of the Labour Code’s revision, tripartite consultations on the issue of sexual harassment will be held for those sectors governed by the Code. It also notes that in the public sector, the matter will be submitted to the High Council of the Public Service for consideration. Recalling its general observation of 2002 concerning sexual harassment and noting the Government’s objective to address violence against women under its national gender policy, the Committee asks the Government to keep it informed of the developments resulting from the abovementioned consultations and to continue to provide information on the measures taken or contemplated to prevent and address sexual harassment in private and public sector employment. Please also include information on any developments pertaining to the revision of the Labour Code with regard to prohibiting sexual harassment in employment and occupation.

3. Discrimination on the basis of sex. The Committee notes the Government’s indication that while section 122 of the Labour Code prohibits employers from terminating a women’s contract while she is on maternity leave, in reality, such practices nonetheless occur in the private sector and among NGOs. The Government states that in its efforts to counter this practice, the labour inspectorate will undertake activities to sensitize individuals who are the victims of such treatment and encourage them to take legal action to seek compensation. In addition, the Government states that the setting up of a maternity insurance scheme in the private sector, through which half of the worker’s salary would be paid, will help prevent situations of discrimination against women on maternity leave. The Committee asks the Government to keep it informed of the creation and functioning of a maternity insurance scheme in the private sector. It also asks for information on the progress and results of the labour inspectorate’s sensitization activities as well as on the number and outcome of cases brought by women whose employment contracts have been terminated while on maternity leave. Please also include information on the role of the labour inspectorate in the application of the Convention with regard to grounds of discrimination other than sex.

4. The Committee notes from the detailed statistics in the Government’s report the increased participation of women in government institutions, including in positions of authority. It likewise notes the provisions of the country’s new Constitution guaranteeing that 30 per cent of the positions in the Government, National Assembly and Senate must be occupied by women. With regard to the private sector, the findings of the Report on Gender Integration in the Burundi Labour Market show that, in 2002, women represented only a small fraction of the active workforce. In addition, the Committee notes the Government’s indication that the promotion of women in the private sector to management positions is rare – a claim echoed by the ICFTU’s submission that women are disproportionately under-represented in senior positions. Noting with interest the adoption of the national gender policy in 2003 and its corresponding Plan of Action for
2004-08, the Committee asks the Government for information on the measures taken under this policy and the results achieved towards greater equality of opportunity for women in the labour market generally, as well as in positions of responsibility in the public and private sectors. To help measure progress in this regard, the Committee asks the Government to provide up to date statistics on the distribution of men and women in the various sectors, occupations and positions of responsibility in the public and private sectors.

5. Education and training. The Committee notes the figures included in the Government’s report on school enrolment rates for boys and girls prepared by the Forum for African Women Educationalists (FAWE). From this data, the Committee notes that during the 2001-02 school year, the national average enrolment rate for girls (58.9 per cent) was 26 per cent lower than the enrolment rate for boys (84.9 per cent). According to FAWE’s findings, this disparity in access to education was even more pronounced between regions in the country. In this context, the Committee recalls the comments submitted by the ICFTU stating that discrimination against women persists in Burundi, particularly in rural areas where women do not have the same access to education as men. The Government acknowledges that difficulties tied to the education of girls is an obstacle preventing women from flourishing in the labour market. In response, the Government points to the sectoral policy developed by the Ministry of Social Action and the Promotion of Women for 2002-04 addressing the issue of female education. The Committee notes that the objectives of this policy include guaranteeing equal access for men and women to all levels of education, reducing illiteracy among women and improving the socio-cultural status of uneducated girls. The Committee asks the Government to provide information on the outcomes of the action taken under this policy with respect to equal access to education and training for women, especially in rural areas. It also requests information on what further measures the Ministry of Social Action and the Promotion of Women has taken or is planning to promote equal opportunity for women in employment and occupation, including information on the Support Project for the Promotion of Gender Equality. Please also provide details on the implementation and results of the education and training initiatives under the Government’s national gender policy.

6. The Committee notes the Government’s information on the Vocational Training and Development Centres (CPF). The statistics provided for the CPF in Nyakabiga show that few women graduate from programmes such as auto mechanics, information technology, construction and carpentry (in 2005, only two out of a total of 86 graduates were women). Recalling the initiatives under the national gender policy with regard to education and training, the Committee asks the Government to indicate the progress achieved in encouraging women to pursue occupations traditionally held by men. It further asks the Government to include statistics in its next report on the ethnic origin and sex of the participants enrolled in the CPF training centres.