Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Burkina Faso (Ratification: 1969)

Previous comments: observation and direct request

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee emphasized that the 2008 Labour Code, in the same way as the 2004 Labour Code, does not clearly reflect the principle of the Convention since, even though it explicitly establishes the principle of equal remuneration for men and women for work of equal value (section 182(3)), it also provides for equal wages for workers irrespective of sex “under equal conditions of work, vocational qualifications and output” (section 182(1)). The Committee drew attention to the fact that the coexistence of these two provisions may be a source of confusion or even conflict when applying the principle in practice. The Committee notes that the Office has been providing technical assistance for more than 15 years with regard to bringing the legislation into conformity with the international labour standards ratified by Burkina Faso, in particular: (1) in 2007, when it provided a “technical note on Act No. 033-2004 issuing the Labour Code” before the latter was revised in 2008; (2) in 2014, when it supported the “study on the alignment of national law and practice with the ILO fundamental and governance Conventions” and a “national validation workshop” in relation to this study, which concluded with the adoption of a road map accompanied by a time-bound action plan; and (3) in 2017, when it provided “technical comments on the bill issuing the Labour Code”. In this regard, the Committee notes that a draft bill issuing a new Labour Code was adopted by the Council of Ministers on 7 September 2022 and was due to be submitted to Parliament for adoption. The Committee requests the Government to provide information on the adoption of the new Labour Code and to provide a copy if it has been adopted. The Committee expresses the firm hope that the new Labour Code will take account of the technical comments provided by the Office at the Government’s request, particularly with regard to the principle of equal remuneration for work of equal value.

Article 2. Application of the principle in practice. In its reports, the Government indicates that, according to figures available in 2018, the average gender wage gap in the public sector is approximately 20 per cent and that, in the formal private sector, more than one third of women are paid less than the guaranteed inter-occupational minimum wage (SMIG) compared with 17.8 per cent of men. The Committee notes the Government’s indication that this situation does not mean that women are victims of discrimination but that they are employed in sectors of employment which are less well paid than sectors where men are employed or that they are frequently engaged in the informal economy. The Government indicates that, in order to tackle these inequalities, it has implemented a number of specific programmes for women: (1) the “Subprogramme for increasing revenue and promoting decent employment for women and young persons” (PARPED); (2) the “Special job creation programme for young persons and women” (PSCE/JF); and (3) the “Programme for promoting economic autonomy for young persons and women” (PAE-JF). The Committee notes the information provided by the Government on the impact of these programmes and on the activity of the special kiosk for the promotion of women’s entrepreneurship, which has enabled 25,000 women to benefit from financing. The Committee underlines the fact that horizontal occupational segregation (that is, channeling men and women into different types of activity and employment) and vertical occupational segregation (that is, different levels of responsibility for men and women) are indeed causes of discrimination of which women are mostly the victims (see General Survey of 2012 on the fundamental Conventions, paragraphs 710–714). The Committee requests the Government to provide information on the measures taken or envisaged to specifically combat occupational segregation in the labour market and thereby enable women to have access to better paid jobs, occupations and positions, into sectors of activity dominated by men, and to make occupational gender diversity a priority in its employment policy.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication that the classification process launched before 2018 with a view to the preparation of an operational directory of occupations and jobs (ROME), which aimed to establish the basis for the objective evaluation of jobs, has been interrupted because of budgetary constraints. The Committee requests the Government to provide information on the measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to finalize a method for the evaluation of jobs based on objective and non-discriminatory criteria which go beyond the qualifications and experience required for a job, and to promote the use of this method in both the public and the private sectors.

Monitoring and enforcement. The Government indicates that labour inspectors’ control sheets do not enable information to be collected on infringements recorded according to sex and occupational category but that it is planned to revise the control sheets in order to take account of these observations. Recalling the importance of gender-specific data in combating discrimination, the Committee requests the Government to indicate the measures taken to ensure that this information can be collected by labour inspectors when they record infringements, particularly in connection with equal pay for work of equal value. The Committee invites the Government also to provide information on any court rulings dealing with the gender pay gap.

Statistics. The Committee notes that the statistics communicated by the Government do not provide details regarding the number and type of infringements recorded. However, it notes the Government’s indication that women, being the most disadvantaged in terms of education and training, are the worst affected by unemployment in urban areas; that the gender pay gap is even more pronounced in jobs in agriculture; and that young women have little access to the “modern” sector (only 3.8 per cent are in this sector compared with 9 per cent of young men). The Committee invites the Government to continue its efforts to collect statistical data disaggregated by sex and refers the Government to its general observation of 2006 on the Convention, which provides guidance on useful types of statistical data. It requests the Government to continue providing available statistical data, disaggregated by sex.