Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex or gender Gender-based violence. In its previous comment, the Committee asked the Government to provide information on the following points: (1) the implementation and application in practice of Act No. 1/13 of 22 September 2016 concerning the prevention and suppression of gender-based violence and victim protection (hereinafter “the Act of 2016”), which defines and punishes, inter alia, gender-based violence (GBV), including sexual violence, sexual harassment, traditional gender-hostile practices and economic violence, which is defined as denying a spouse access to family resources or forbidding a spouse to work, indicating the number and type of cases of gender-based violence dealt with by the labour inspectorate and the courts, as well as the penalties imposed; (2) the steps taken or contemplated to inform and raise the awareness of employers, workers and their respective organizations, labour inspectors, judges and also the general public with regard to action against gender-based violence, including the steps taken to publicize the content of the Act of 2016; and (3) the activities of the Independent National Human Rights Commission (CNIDH) against gender-based violence in employment. The Committee notes from the Government’s report that: (1) the labour inspectorate has not identified any cases of gender-based violence in employment and occupation, but the courts dealt with 4,004 cases of gender-based violence between 2016 and September 2018, with penal servitude being imposed as a penalty; (2) the measures taken by the Government to raise awareness of the Act of 2016 include training of trainers at the Training Centre for Legal Personnel; the launching, by the Second Vice-President of the Republic, of an outreach campaign; the translation of the Act into the national language (Kirundi); raising the awareness of the different State services; broadcasting; community awareness-raising through community leaders and the Women’s National Forum; and (3) the CNIDH undertook a number of activities aimed at combating gender-based violence in employment. The Government adds that the CNIDH took part in activities led by various partners in the GBV field to hold exchanges with them, review their achievements and provide legal support. Finally, the Committee notes the Government’s intention to compile an inventory of laws that discriminate against women with a view to amending them in accordance with the Constitution and ratified international instruments, following the recommendations of the CNIDH. The Committee requests the Government to provide information on the progress achieved and to provide copies of the amended texts while conducting the inventory.

Sexual harassment. In its previous comment, the Committee requested the Government to: (1) examine the possibility of expanding the definition of sexual harassment by adding the notion of a hostile, offensive or humiliating work environment, and to specify the procedure to be followed and the penalties that apply in cases of sexual harassment, in the absence of any specific provision in that regard in the Act of 2016; and (2) provide information on the practical steps taken to prevent and eliminate sexual harassment in the public and private sectors, including measures designed to raise the awareness of employers, workers and their respective organizations with regard to the prevention and treatment of sexual harassment. The Committee notes the Government’s indication that the Gender Commission of the National Assembly, meeting to review progress in raising awareness of the Act of 2016 and to make recommendations, has suggested amending the Act in view of its lack of compliance with the new Penal Code and with the Gender Commission’s definition of sexual harassment. Regarding the procedure to be followed and penalties applied in cases of sexual harassment, the Government indicates that those are provided under section 586 of the Penal Code. Finally, in its Beijing+25 report, the Government adds that sexual harassment is included in the list of offences established in the Act of 2016, under section 61 of which all GBV offences cannot be amnestied and are imprescriptible with regard to both public action and the penalty imposed, which is irreducible and cannot be pardoned. The Committee hopes that the Government will take the opportunity provided by the revision of the Act of 2016 to complete the definition of sexual harassment by including the notion of a hostile, offensive or humiliating work environment and will provide information on the progress made in this regard. The Committee once again requests the Government to provide information on the practical steps taken to prevent and eliminate sexual harassment in the public and private sectors, including measures designed to raise the awareness of employers, workers and their respective organizations.

Article 2. Equality of opportunity and treatment for men and women. In its previous comment, the Committee asked the Government to provide information on: (1) the increase in the rate of school enrolment and vocational training of girls, (2) women’s access to productive resources and to employment, including to managerial posts in the public and private sectors; and (3) the adoption of a new national gender policy, replacing the one adopted in 2012, and to provide details on those sections relating to gender equality in employment and occupation.

With regard to the increase in the rate of school enrolment and vocational training of girls and women’s access to productive resources and employment, the Committee notes from the Government’s report, as well as from its Beijing+25 report, that the steps taken to increase the access of girls to primary and secondary school include: integrating the gender equity dimension in education into the National Development Plan 2018–27; the formulation of the Sectoral Plan for the Development of Education and Training (PSDEF) 2012–20; and the Transitional Plan for Education 2018–20 (PTE 2018–20), which was primarily aimed at basic education. The Committee also notes: the creation of a unit for inclusive education to take all vulnerable groups into account, such as persons with disabilities; the return to school of adolescent mothers; the 2018 launching of the “aunt/school and father/school” project to combat school drop-outs and unwanted pregnancies; the renewal of curricula and the eradication of gender stereotypes from text books and other scholastic tools; and the annual holding of the “Back to School” campaign. The school enrolment rate for girls stood at 87 per cent in 2018. Moreover, to encourage women and girls to take up sciences, engineering, technology and other disciplines, certificates were awarded to certain women and girls who excelled in the field of science during the celebration in February 2019 of International Day of Women and Girls in Science. With regard to women’s access to productive resources and employment, the Committee notes an empowerment project for women which sets up guarantee funds to help women obtain microcredits. The project is already operating in eight provinces (Cibitoke, Bubanza, Bururi, Makamba, Rutana, Karusi, Bujumbura Marie and Bujumbura).

The Committee also notes the adoption of the National Development Plan (PND) 2018–27, the new frame of reference for planning, which also takes account of different social policies, such as the National Gender Policy (PNG) and the 2017–2021 action plans for the PNG and for United Nations Security Council resolution No. 1325, which seek to encourage sectoral ministries to create gender units and to involve them in their sectoral planning and budgets to ensure effective ministerial programming and budgetary allocation for gender equity and equality. However, the Government indicates that it faces numerous challenges, including insufficient funds to implement the plans of action and the absence of coordination institutions. The Committee requests the Government to indicate the measures taken or envisaged to implement the action plans and the National Gender Policy.

Indigenous peoples. In its previous comment, the Committee urged the Government to take the necessary steps to: (1) ensure equal access for the Batwa people to education, vocational training and employment, including to enable them to exercise their traditional activities; (2) combat stereotypes and prejudice against this indigenous community; and (3) to promote tolerance among all sections of the population. The Committee also asked the Government to provide information on: (1) the impact of Act No. 1/07 of 15 July 2016 revising the Forestry Code, which provides that the rational and balanced management of forests is based, inter alia, on the principle of participation by the grassroots communities; and (2) the exercise of traditional activities by the Batwa on the land where they live. The Committee notes the Government’s indication that: (1) the cost of the schooling of Batwa pupils has been financed and that awareness-raising activities to encourage young Batwa to take up schooling have been carried out by various associations including Unite to Promote the Batwa (UNIPROBA); and (2) a secondary-level boarding school has been reserved exclusively for young Batwa (Gitega Province) and young Batwa have been helped to enter secondary education and university. The Government indicates that the measures taken to encourage adolescent mothers to return to school after pregnancy have not been welcomed by them. The Committee notes the information that young Batwa have received vocational training in car mechanics, carpentry, sewing, information technology, construction, etc. According to the Government, Act No. 1/07 of 15 July 2016 revising the Forestry Code has had a negative impact on the economic life of the Batwa people. They have lost an economic resource that enabled them to sell basketwork and traditional medicines based on wood and medicinal plants from the forest. Act No. 1/21 of 15 October 2013 issuing the Mining Code has also deprived the Batwa of access to clay to produce pottery to use or sell. To counter this problem, the Government has undertaken to mount forestry management projects in association with the Batwa people for the use of the forest under their control and subject to their permission. The Committee also notes that in its Beijing+25 report, the Government recognizes the Batwa community as the most marginalized group. It is for this reason that many legal, statutory and institutional mechanisms have been put in place so that the Batwa can participate fully in political, economic, social and cultural life and draw attention to their concerns. The Government refers, among the positive steps taken, to the distribution of land to the Batwa so that they can settle, and the training provided to Batwa community women from the Vyegwa locality, who are now able to build their own houses, or be employed on other construction sites. These training activities for Batwa women have also contributed to gender, social and sustainable development, by changing mentalities and improving social relations between the Batwa and other population groups, and by encouraging reflection on prejudice against the Batwa people. Taking into account the Government’s assessment of the impact of the Forestry and Mining Codes on the ability of the Batwa to continue to practice their traditional occupations, the Committee requests the Government to: (i) intensify its efforts to ensure that indigenous peoples have the right to practice their traditional activities and retain their means of subsistence without discrimination; and (ii) provide detailed information on the forestry management projects developed in association with the indigenous peoples concerned and on the lands attributed to the Batwa.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.