Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Article 1 of the Convention. The Committee notes that section 3 of the Labour Code prohibits discrimination in employment or occupation on all the grounds set out in the Convention. The Committee notes, however, that under section 4 of the Labour Code, public service employees, magistrates and military personal are not subject to the provisions of the Code. The Committee asks the Government to supply information on the practical application of section 3 of the Labour Code, including any relevant court decisions. The Committee also asks the Government to supply information on the way in which persons who are excluded from the provisions of the Labour Code are protected against discrimination.

2. Sexual harassment. The Committee notes the statement in the Government’s report that sexual harassment exists in practice and is experienced by a large number of people, but since the victims rarely speak about it out of fear, the judicial authorities find it difficult to grant them relief. In view of this situation, the Committee notes the importance of adopting clear legislation in this field providing in particular for an accessible complaints mechanism and of taking preventive measures. It is also important to adopt measures aimed at achieving better knowledge and understanding of the existence of sexual harassment and  means of preventing and addressing it among judges, labour inspectors and other relevant public officials as well as employers and workers and their organizations. The Committee notes that section 47 of the Labour Code appears only to cover quid pro quo harassment. The Committee notes that the Government is revising the Labour Code and hopes that, in the context of this revision, the Government will define and prohibit quid pro quo sexual harassment and sexual harassment arising from a hostile work environment. The Government is asked to supply information on the adoption and implementation of measures designed to prevent and address sexual harassment, and on the impact of awareness campaigns conducted by the labour administration.

3. Article 2. Equality between men and women. The Committee notes that the national policy for the promotion of women focuses on six strategic objectives including reduction of poverty among women, improving their health, level of education and legal status, and also strengthening institutional mechanisms to enable these objectives to be achieved. Moreover, it notes that, in the context of Strategic Objective No. 3 on the promotion of education and the strengthening of women’s abilities and skills, action is contemplated for examining cases of discrimination on grounds of pregnancy, observance of labour standards by all employers, and access to employment and vocational training for disabled girls and women. The Committee notes that the Ministry for the Advancement of Women is undertaking action on behalf of women, particularly those in rural and informal settings, to improve their conditions of work by, for example, providing technical resources tailored to their needs. The Committee appreciates the information sent by the Government on the scope of the policy for the advancement of women and asks it to supply information on the implementation of its strategic objectives and its priority areas of action. The Committee also requests the Government to supply information concerning the implementation of the statement of intent on decentralized agricultural development and on the progress made on the draft law aimed at promoting the role of women in rural areas. The Committee reminds the Government to send a copy of its national policy for the advancement of women and of parts I and II of the strategic framework for the promotion of employment and vocational training in Burkina Faso.

4. National policy on equality of opportunity and treatment without distinction on the basis of race, colour, religion, political opinion, national extraction or social origin. The Committee again draws the Government’s attention to the importance of adopting and implementing a national policy on equality of opportunity and treatment in order to eliminate discrimination on the basis of all the grounds set out in the Convention. The Committee repeats its request to the Government to provide information on specific measures adopted to promote equality of opportunity and treatment in employment and occupation for all, irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee again requests the Government to send a copy of the amendment to the Penal Code, which provides that racial discrimination is a crime, and also information on the application of this amendment in practice, including on any court decisions delivered in this respect.

5. Application in practice of the legislation. In its previous comments, the Committee shared the concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW/C/BFA/CO/4-5, July 2005, paragraph 21) that the Government has not ensured observance of the labour legislation designed to eliminate discrimination with regard to employment. Noting that the Government’s report does not contain information on this point, the Committee urges the Government to send information on the following: (a) the application of the labour legislation to eliminate discrimination, including on the application of the Act of 28 April 1998 guaranteeing equal access to employment in the public sector; (b) the number and results of complaints based on the labour legislation for the elimination of discrimination; and (c) the activities conducted by the Ministry for the Advancement of Women and of the National Committee for Combating Discrimination in order to ensure effective implementation of this legislation.

6. Article 5. Special protective measures with regard to women. The Committee notes that, under section 140 of the Labour Code, regulations may be adopted, after an opinion from the Labour Advisory Committee, prohibiting women from performing certain types of work. The Committee notes that, according to the Government’s report, the Labour Advisory Committee is about to draw up legislation to implement the Labour Code, particularly with regard to the types of work which women are prohibited from performing. The Committee invites the Labour Advisory Committee to ensure that future provisions imposing restrictions on women’s access to certain kinds of work are not based on a stereotypical perception of their abilities and their role in society. The Committee hopes that, in drafting the new provisions, the Labour Advisory Committee will limit restrictions on women’s access to certain kinds of work to what is necessary for maternity protection.

7. Part V of the report form. Statistics. The Committee notes that the Government does not provide any statistical information in its report and wishes to remind it of the importance of these statistics for evaluating progress made and for enabling better promotion of the principles contained in the Convention. It hopes that in its next report the Government will supply recent statistical information, disaggregated by sex and, if possible, by race and ethnic origin, on the distribution of the population in the various sectors of the economy and occupations.