Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the National Confederation of Workers of Burkina (CNTB), transmitted with the Government’s report.

Article 1 of the Convention. Protection against discrimination for workers excluded from the scope of the Labour Code. The Committee previously noted the detailed information provided by the Government concerning the protection of workers who are excluded from the scope of the 2008 Labour Code. It noted in particular that the provisions on protection against discrimination to which the Government referred only addressed access to employment (recruitment) for public state employees (Act No. 013/98/AN, as amended by Act No. 019/2005/AN), employees of the territorial public service (Act No. 027 2006/AN), employees of public establishments (Act No. 033-2008/AN) and employees of the parliamentary public service (Act No. 020-2009/AN). It also drew the Government’s attention to the fact that these laws did not refer to any of the prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee notes the CNTB’s observations, according to which it is difficult to raise the issue of discrimination in the public service, and particularly the territorial service, as well as in the informal economy and individual enterprises, although it provides no further details. As the Government’s report does not contain a reply on this point, the Committee once again requests the Government to provide information on measures taken to extend the protection against discrimination set out in the Convention to the categories of workers who are excluded from the scope of the Labour Code, particularly employees in the public service. To this effect it suggests the adoption of provisions explicitly defining and prohibiting any direct or indirect discrimination at all stages of employment, and covering as a minimum, all of the seven grounds enumerated in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also requests the Government to provide information on the protection against discrimination afforded in practice to the categories of workers who are excluded from the scope of the Labour Code, indicating the procedure that enables them to assert their rights should they consider themselves to be victims of discrimination. Please provide any available information on the measures adopted or envisaged to ensure that workers in the informal economy also benefit from the protection afforded by the Convention.

Sexual harassment. The Committee notes that the study on bringing the Labour Code into conformity with the fundamental and governance Conventions, undertaken with ILO support, emphasizes the need to amend section 37 of the Labour Code to take into account the Committee’s comments, namely that sexual harassment due to a hostile working environment should be covered by the labour legislation, and not only quid pro quo sexual harassment. The Committee notes that the Government envisages revising the current Labour Code of 2008 and requests it to keep the Committee informed of progress made in this regard, and to indicate whether the other conclusions of the above study relating to non discrimination in employment and occupation have been validated by the Government and the social partners.

Article 2. Equality of opportunity and treatment for men and women. In its report, the Government recognizes the existence of an under-representation of women in all fields of occupational life, one of the principal causes of which is the fact that girls do not attend school. In reply to the Committee’s request to obtain information on the specific measures adopted and implemented for the effective promotion of equality of opportunity and treatment for men and women, the Government indicates that efforts are being made for the school enrolment of all girls and boys, and also to reduce the illiteracy rate of adults, particularly of women. These efforts have resulted in an increase in the employability of women, as well as an increase in guarantees of equality of access to employment. Other measures taken to promote equality of access to employment between men and women include: (i) the subprogramme to increase income and promote decent employment for women and young persons (PARPED), which aims to increase the participation of women in the national production process through better access to vocational training and credits for businesses; (ii) Component 4 of the special job creation programme for youth and women (PSCE/JF) entitled “The economic autonomization of women”, aims to increase the productive capacities of women’s groups and associations; (iii) the youth employment and skills development project (PEJDC) which, through labour-intensive works, aims to offer immediate job opportunities to over 30,000 unskilled or low-skilled young persons and women, including over 15,000 persons, in rural areas and at least 50 per cent of women and it also aims to improve the skills of at least 8,000 young persons and women, with at least 30 per cent being women, and to provide support for self-employment through the acquisition of vocational skills to increase their employability and productivity; (iv) social measures to support the integration of young persons trained in trades, which target women in particular not only through the occupations selected (those usually exercised by women), but also through quotas in occupations consisting of at least 30 per cent of women; (v) support for economic initiatives by women and young persons through the emergency transition socio-economic programme (PSUT), adopted to support the initiatives of young persons and women and to reinforce education and health infrastructure; and (vi) the implementation of preferential conditions for women in access to credit with a view to promoting entrepreneurship by young persons and women (the establishment of financing funds, such as the Informal Sector Support Fund (FASI), the Employment Promotion Support Fund (FAPE), the Youth Initiatives Support Fund (FAIJ) and the Women’s Income-generating Activities Support Fund (FAARF). Noting that all of these measures are essentially intended to facilitate the access of women to employment, which it welcomes, the Committee requests the Government to provide information on the additional measures adopted or envisaged to improve the access of women to positions of responsibility in the private sector and the public sector, the latter being where the Government is in a position to ensure the implementation of the national equality policy, which serves as a model for other employers. The Committee also requests the Government to indicate any measures taken to combat effectively stereotypes and prejudices regarding the respective roles of men and women in society. Please provide detailed information (including statistic data) on the impact of measures taken to promote equality of access to employment between men and women without discrimination on the ground of sex.

National equality policy irrespective of race, colour, religion, political opinion, national extraction or social origin. The Government reiterates that there is no national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on grounds of race, colour, religion, political opinion, national extraction or social origin. In this regard, the Committee wishes to recall that the primary obligation of States which have ratified the Convention is to declare and pursue a national equality policy aimed at eliminating any discrimination in employment and occupation based, at a minimum, on the seven criteria formally prohibited by the Convention, and not solely the criterion of sex. Indeed, the Committee notes that a national gender policy was adopted in 2009 and that it provides for a whole series of measures intended to eliminate inequality between men and women in many fields, including education, vocational training, access to productive resources and employment opportunities, and to combat socio-cultural obstacles and sexist stereotypes. The implementation of a national equality policy goes beyond the adoption of legislative measures or regulations. In this regard, supervision of the application of the Convention by labour inspectors and awareness-raising activities, as indicated by the Government, cannot make up for the absence of a national policy, which presupposes the implementation of affirmative programmes, the repeal or amendment of any discriminatory laws or administrative practices, the elimination of stereotyped behaviours and prejudicial attitudes, the promotion of a climate of tolerance and the implementation of a system of monitoring (see 2012 General Survey on the fundamental Conventions, paragraph 844). The Committee once again requests the Government to provide information on the specific measures taken 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, with an indication in particular of whether monitoring mechanisms or specialized bodies have been established. The Committee takes this opportunity to request the Government once again to indicate whether it is planned to evaluate the implementation of the national gender policy and, if so, to provide information on the impact of the measures adopted in this context on the situation of men and women in employment and occupation.

Article 5. Special measures of protection. Following the Committee’s request to provide information on the types of work prohibited for women, pursuant to section 142 of the Labour Code, it notes the copy of Decree No. 2010-356/PRES/PM/MTSS of 25 June 2010 provided by the Government determining the nature of the hazardous types of work prohibited for women and pregnant women. This Decree is subdivided into two major parts, consisting of a chapter enumerating the prohibitions applicable to all women (sections 1–6) and a chapter setting out those applicable to pregnant or nursing women (sections 7–12). With regard to the first chapter, the Committee draws the Government’s attention to provisions which tend to protect not strictly maternity, but women as such, which are therefore contrary to Article 5 of the Convention. For example, section 4 of the Decree prohibits night work by women under 18 years of age, but not for young men of that age. Sections 5 and 6 prohibit certain types of physically dangerous or arduous work for women (the treatment of animal skins with a mercurous nitrate solution; work involving equipment such as pneumatic drills powered by compressed air; work involving exposure to aromatic hydrocarbons, unless the processes are carried out with sealed equipment). These types of measures are not strictly related to maternity protection and are often based on stereotypical assumptions regarding the social role and capacities of women and, as such, are an obstacle to the recruitment and employment of women. In this regard, it is also necessary to recall the major development in relation to ILO standards on maternity, that is, the progressive transition from a purely protective approach in relation to the employment of women to a strategy intended to ensure real equality between men and women and the elimination of all discriminatory laws and practices. While taking into account the differences which result in each gender being exposed to specific health risks, it is important to ensure that provisions on the protection of persons working under hazardous or arduous conditions are intended to protect the health and safety of both men and women (2012 General Survey, paragraphs 838–840). The Committee therefore requests the Government to ensure that, in the context of the current reform of the Labour Code, any restrictions concerning the types of work which may be performed by women are strictly limited to the protection of maternity.

Enforcement. Labour inspection and the courts. The Committee notes that once again the Government indicates that there have not yet been any administrative or judicial decisions relating to discrimination in employment and occupation. The Committee draws the Government’s attention to the fact that, in order to be in a position to achieve the objectives of the Convention, it is essential to recognize that no society is exempt from discrimination and that discrimination in employment is a universal phenomenon which continues to evolve, taking on ever more subtle forms, which are less visible and therefore more difficult to identify and address. Consequently, the absence of cases of discrimination or complaints is a matter of concern, as it may be due, among other factors, to an inappropriate legal framework, lack of knowledge by workers of their rights in this respect, a lack of confidence in the remedies available or difficulties in gaining access in practice to such remedies, or fear of reprisals (2012 General Survey, paragraphs 731 and 870). The Committee therefore invites the Government to provide information on any measures adopted to further improve the capacity of the competent authorities, and particularly magistrates and other public officials, to identify and address cases of discrimination. It also requests the Government to examine the possibility of the broader dissemination of basic provisions and procedures in force as a means of assisting in the lodging of successful complaints. Please also provide information on the awareness-raising activities undertaken by labour inspectors in relation to equality and action to combat discrimination, and any complaints made in this regard.