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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations from the Trade Union Confederation of Burundi (COSYBU), received on 26 November 2015 and reiterated each year, concerning teachers’ postings. The Committee also notes the Government’s responses, received in 2018 and on 7 November 2020.

Article 1(1)(b) of the Convention. Other grounds of discrimination. Real or perceived HIV status. In its previous comment the Committee asked the Government to provide information on any steps taken to combat discrimination and stigmatization in employment and occupation in relation to persons living with HIV as part of the implementation of the Strategic Plan or in any other form. The Committee notes the Government’s indication that workers living with, or perceived to be living with, HIV are protected from discrimination and stigmatization at work based on HIV status under section 6 of Act No. 1/28 of 23 August 2006 establishing the status of civil servants; and under Part IV of Act No. 1/018 of 12 May 2005 on establishing legal protection for people living with HIV and AIDS. The Committee notes with interest section 22(2)in fine of the new Constitution of 2018, which provides that “no person shall be subjected to discrimination as a result, inter alia, […] of living with HIV/AIDS or any incurable disease.”The Committee asks the Government to provide information on the application in practice of section 6 of Act No. 1/28 establishing the status of civil servants and of Part IV of Act No. 1/018, indicating in particular the activities undertaken to raise the awareness of workers, employers and their respective organizations, as well as labour inspectors and judges, to the legal framework protecting workers living, or perceived to be living with HIV against discrimination in employment and occupation.

Articles 1 and 2. Non-discrimination and equality of opportunity and treatment. Public service. Previously, the Committee requested the Government to provide information on the manner in which it ensures that recruitment in the public service is free of any discrimination based on political opinion, and to send comments in respect of the allegations that the COSYBU has been making for a number of years. The Committee notes the Government’s indication that the National Recruitment Commission includes representatives of teachers’ trade unions, and that aggrieved persons have been able to present their respective problems, and that common accord solutions between the parties have eventually been found. In its previous comment, the Committee also requested the Government to provide information on the following points: (i) the composition of public sector personnel as established by the senatorial Commission of Inquiry, and the steps taken or contemplated to rectify any imbalance identified; (ii) any steps taken in this respect by the National Recruitment Commission, which has the task of ensuring that objective and equitable criteria are used and a balance achieved in public service recruitment; and (iii) the possible establishment of a 30 per cent quota for women at all levels of the hierarchy, and the results achieved. The Committee notes the Government’s indication that: (i) the report of the Commission of Inquiry is not yet available; (ii) the regular meetings of the National Recruitment Committee provide an opportunity to speak freely; and (iii) recruitment by competition after pre-selection guarantees objective and fair access to employment. With regard to quotas for women at all levels of the hierarchy, the Committee notes that the Constitution guarantees a quota of 30 per cent of women in government (section 128), in the National Assembly (section 169), in the Senate (section 185), and as magistrates (section 213). The Committee notes that in its national report on the implementation of the Beijing Declaration and Platform for Action (Beijing+25), the Government recognizes that, despite its efforts, it has failed to obtain parity in decision-making positions, and indicates that the Independent National Electoral Commission (CENI) is considering corrective measures with regard to parity in politics.The Committee requests the Government to indicate the practical steps taken or envisaged to achieve the objective of 30 per cent of women in posts of responsibility in government, the National Assembly, the Senate and as magistrates. The Committee also asks the Government to communicate the conclusions of the senatorial Commission of Inquiry’s review of the balances required under the Constitution in the public and semi-public administration, the State administration, decentralized and local services, and the commission’s recommendations aimed at making the administration representative of the nation of Burundi in all its diversity.

General observation of 2018. 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.

Enforcement. In its previous comment, the Committee asked the Government to provide information on the activities of the Labour Inspectorate with regard to combating discrimination in employment and occupation and promoting equality of opportunity and treatment. The Government recalls the functions of the Labour Inspectorate, but provides no information on its activities.The Committee requests the Government to provide statistical information on the number and nature of infringements of the legislation on non-discrimination in respect of employment and occupation identified at the workplace and the penalties imposed, as well as information on the activities of the Labour Inspectorate in promoting equality of opportunity and treatment.

Institution responsible for human rights and equality issues. The Committee asked the Government to provide information on the implementation of the Independent National Human Rights Commission (CNIDH) Strategic Plan 2016–2020, indicating the steps taken or contemplated to combat discrimination and promote equality in employment and occupation both between men and women and also in relation to indigenous peoples, and to provide information on the results achieved. The Committee recalls that Act No. 1/04 of 5 January 2011 establishing the CNIDH, sets out its mission in respect of non-discrimination as “to contribute to the principles of equality and non-discrimination as they are enshrined in the Constitution” (section 5(6)). The Government indicates that, as part of the Strategic Plan 2016–2020, members of the CNIDH have participated in awareness-raising activities on the fight for human rights and the promotion of non-discrimination and equality.The Committee requests the Government to provide detailed information on the practical activities undertaken by the CNIDH, including those to promote non-discrimination in employment and occupation.

Statistics. The Committee recalls that the National Gender Policy provides for the production of data disaggregated by sex by the Institute of Statistics and Economic Studies of Burundi (ISTEEBU) and for the establishment of a gender information system in each sector of development. In its previous comment, it requested the Government to provide information on the setting up of such a system and to provide all available statistical data, disaggregated by sex, on the active population in the public and private sectors and on access for boys and girls to education and vocational training. With regard to available statistical data on the active population in the public and private sectors and on the access for boys and girls to education and vocational training, the Committee notes the Government’s indication that in 2016–2017, 1,168,668 girls and 1,621,430 boys were enrolled in school (pre-schooling, basic schooling, the fourth cycle of basic schooling, general and pedagogic post-basic schooling, and technical post-basic schooling A2). It also notes the data provided by the Government on the distribution of the employed active population, which show that 0.3 per cent of employed women work in in the formal private sector (0.9 percent of men), 95.6 per cent of employed women work in the informal private sector (91.2 per cent of men) and 1.5 per cent of employed women work in the public administration (3 per cent of men). Men represent 0.9 per cent of the active population in the formal private sector against 91.2 per cent in the informal private sector; 3 per cent in the public administration; 1.3 per cent in public or semi-public enterprises; and 3.5 per cent in households. The Committee also notes the information provided by the Government in its Beijing+25 report confirming the intention to establish sectoral gender units in public institutions, in line with the National Gender Policy five-year action plans. In practice, gender units act as observatories, monitoring the inclusion of gender in policy formulation, planning and implementation. However, the Government indicates that, although a legal framework is in place, the implementing texts are not explicit on gender issues. The legal framework is thus out of step with the practice of including gender in projects and programmes. It recognizes that this must be remedied when drafting future texts and that the other challenge before it relates to the funds available to the technical services’ mechanisms, as only the bodies specified in the legislation have resources allocated under the budget of the ISTEEBU.The Committee requests the Government to provide information on all progress in formally establishing information systems on gender in each of the development sectors, the challenges encountered and to provide updated statistical data available on the active population, disaggregated by sex.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the observations from the Trade Union Confederation of Burundi (COSYBU), received on 26 November 2015 and reiterated each year, concerning teachers’ postings. The Committee also notes the Government’s responses, received in 2018 and on 7 November 2020.

Article 1(1)(b) of the Convention. Other grounds of discrimination. Real or perceived HIV status. In its previous comment the Committee asked the Government to provide information on any steps taken to combat discrimination and stigmatization in employment and occupation in relation to persons living with HIV as part of the implementation of the Strategic Plan or in any other form. The Committee notes the Government’s indication that workers living with, or perceived to be living with, HIV are protected from discrimination and stigmatization at work based on HIV status under section 6 of Act No. 1/28 of 23 August 2006 establishing the status of civil servants; and under Part IV of Act No. 1/018 of 12 May 2005 on establishing legal protection for people living with HIV and AIDS. The Committee notes with interest section 22(2) in fine of the new Constitution of 2018, which provides that “no person shall be subjected to discrimination as a result, inter alia, […] of living with HIV/AIDS or any incurable disease.” The Committee asks the Government to provide information on the application in practice of section 6 of Act No. 1/28 establishing the status of civil servants and of Part IV of Act No. 1/018, indicating in particular the activities undertaken to raise the awareness of workers, employers and their respective organizations, as well as labour inspectors and judges, to the legal framework protecting workers living, or perceived to be living with HIV against discrimination in employment and occupation.

Articles 1 and 2. Non-discrimination and equality of opportunity and treatment. Public service. Previously, the Committee requested the Government to provide information on the manner in which it ensures that recruitment in the public service is free of any discrimination based on political opinion, and to send comments in respect of the allegations that the COSYBU has been making for a number of years. The Committee notes the Government’s indication that the National Recruitment Commission includes representatives of teachers’ trade unions, and that aggrieved persons have been able to present their respective problems, and that common accord solutions between the parties have eventually been found.

In its previous comment, the Committee also requested the Government to provide information on the following points: (i) the composition of public sector personnel as established by the senatorial Commission of Inquiry, and the steps taken or contemplated to rectify any imbalance identified; (ii) any steps taken in this respect by the National Recruitment Commission, which has the task of ensuring that objective and equitable criteria are used and a balance achieved in public service recruitment; and (iii) the possible establishment of a 30 per cent quota for women at all levels of the hierarchy, and the results achieved. The Committee notes the Government’s indication that: (i) the report of the Commission of Inquiry is not yet available; (ii) the regular meetings of the National Recruitment Committee provide an opportunity to speak freely; and (iii) recruitment by competition after pre-selection guarantees objective and fair access to employment. With regard to quotas for women at all levels of the hierarchy, the Committee notes that the Constitution guarantees a quota of 30 per cent of women in government (section 128), in the National Assembly (section 169), in the Senate (section 185), and as magistrates (section 213). The Committee notes that in its national report on the implementation of the Beijing Declaration and Platform for Action (Beijing+25), the Government recognizes that, despite its efforts, it has failed to obtain parity in decision-making positions, and indicates that the Independent National Electoral Commission (CENI) is considering corrective measures with regard to parity in politics. The Committee requests the Government to indicate the practical steps taken or envisaged to achieve the objective of 30 per cent of women in posts of responsibility in government, the National Assembly, the Senate and as magistrates. The Committee also asks the Government to communicate the conclusions of the senatorial Commission of Inquiry’s review of the balances required under the Constitution in the public and semi-public administration, the State administration, decentralized and local services, and the commission’s recommendations aimed at making the administration representative of the nation of Burundi in all its diversity.

General observation of 2018. 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.

Enforcement. In its previous comment, the Committee asked the Government to provide information on the activities of the Labour Inspectorate with regard to combating discrimination in employment and occupation and promoting equality of opportunity and treatment. The Government recalls the functions of the Labour Inspectorate, but provides no information on its activities. The Committee requests the Government to provide statistical information on the number and nature of infringements of the legislation on non-discrimination in respect of employment and occupation identified at the workplace and the penalties imposed, as well as information on the activities of the Labour Inspectorate in promoting equality of opportunity and treatment.

Institution responsible for human rights and equality issues. The Committee asked the Government to provide information on the implementation of the Independent National Human Rights Commission (CNIDH) Strategic Plan 2016–2020, indicating the steps taken or contemplated to combat discrimination and promote equality in employment and occupation both between men and women and also in relation to indigenous peoples, and to provide information on the results achieved. The Committee recalls that Act No. 1/04 of 5 January 2011 establishing the CNIDH, sets out its mission in respect of non-discrimination as “to contribute to the principles of equality and non-discrimination as they are enshrined in the Constitution” (section 5(6)). The Government indicates that, as part of the Strategic Plan 2016–2020, members of the CNIDH have participated in awareness-raising activities on the fight for human rights and the promotion of non-discrimination and equality. The Committee requests the Government to provide detailed information on the practical activities undertaken by the CNIDH, including those to promote non-discrimination in employment and occupation.

Statistics. The Committee recalls that the National Gender Policy provides for the production of data disaggregated by sex by the Institute of Statistics and Economic Studies of Burundi (ISTEEBU) and for the establishment of a gender information system in each sector of development. In its previous comment, it requested the Government to provide information on the setting up of such a system and to provide all available statistical data, disaggregated by sex, on the active population in the public and private sectors and on access for boys and girls to education and vocational training. With regard to available statistical data on the active population in the public and private sectors and on the access for boys and girls to education and vocational training, the Committee notes the Government’s indication that in 2016–2017, 1,168,668 girls and 1,621,430 boys were enrolled in school (pre-schooling, basic schooling, the fourth cycle of basic schooling, general and pedagogic post-basic schooling, and technical post-basic schooling A2). It also notes the data provided by the Government on the distribution of the employed active population, which show that 0.3 per cent of employed women work in in the formal private sector (0.9 percent of men), 95.6 per cent of employed women work in the informal private sector (91.2 per cent of men) and 1.5 per cent of employed women work in the public administration (3 per cent of men). Men represent 0.9 per cent of the active population in the formal private sector against 91.2 per cent in the informal private sector; 3 per cent in the public administration; 1.3 per cent in public or semi-public enterprises; and 3.5 per cent in households. The Committee also notes the information provided by the Government in its Beijing+25 report confirming the intention to establish sectoral gender units in public institutions, in line with the National Gender Policy five-year action plans. In practice, gender units act as observatories, monitoring the inclusion of gender in policy formulation, planning and implementation. However, the Government indicates that, although a legal framework is in place, the implementing texts are not explicit on gender issues. The legal framework is thus out of step with the practice of including gender in projects and programmes. It recognizes that this must be remedied when drafting future texts and that the other challenge before it relates to the funds available to the technical services’ mechanisms, as only the bodies specified in the legislation have resources allocated under the budget of the ISTEEBU. The Committee requests the Government to provide information on all progress in formally establishing information systems on gender in each of the development sectors, the challenges encountered and to provide updated statistical data available on the active population, disaggregated by sex.

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

The Committee notes the observations on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU), received on 26 November 2015.

Article 1(1)(b) of the Convention. Other grounds of discrimination. Real or perceived HIV status. The Committee notes the measures provided for in the National Strategic Plan for Combating AIDS (2012–16), one of the priorities of which is to ensure protection of the rights of persons living with HIV given the persistence of discrimination and rejection in occupational and social environments. Drawing the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), the Committee asks the Government to provide information on any steps taken to combat discrimination and stigmatization in employment and occupation in relation to persons living with HIV, as part of the implementation of the Strategic Plan or in any other form.

Article 2. Non-discrimination and equality of opportunity and treatment in the public service. The Committee notes that the COSYBU reiterates its brief observations on the existence of discriminatory recruitment practices in the public service based on affiliation to the ruling political party and points out that these practices mostly occur in the education and health sectors. The Committee recalls that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions and in respect of political affiliation. The protection of political opinion applies to opinions which are either expressed or demonstrated, except where violent methods are used, and is not limited to differences of opinion within the established framework of principles. The general obligation to conform to an established ideology or to sign an oath of political allegiance is discriminatory. Cases where political opinion is taken into consideration as a prerequisite for a given job should be objectively examined under judicial scrutiny to determine whether this prerequisite is actually justified by the inherent requirements of the particular job. Political opinion may in certain circumstances constitute a bona fide qualification for certain senior posts which are directly concerned with developing government policy (see General Survey of 2012 on the fundamental Conventions, paragraphs 805 and 831). The Committee asks the Government to provide information on the manner in which it ensures that recruitment in the public service is free of any discrimination based on political opinion, and to send comments on the allegations that the COSYBU has been making for a number of years.

Furthermore, the Committee recalls that, according to article 143 of the Constitution, “the administration is broadly representative of the Burundian nation and must reflect the diversity of its component parts” and “the practices that it observes with regard to employment are based on objective and equitable criteria of aptitude and also on the need to rectify imbalances and ensure broad representation in ethnic, regional and gender terms”. The Committee notes that the Senate of Burundi has set up a commission of inquiry regarding the status of observance of the balance required by the Constitution within the public and semi public administration, semi-autonomous departments, and decentralized and devolved services. The Committee asks the Government to provide information on the following points:

• (i) the composition of public sector personnel as established by the commission of inquiry, and the steps taken or contemplated to rectify any imbalance identified;
• (ii) any steps taken in this respect by the National Recruitment Commission, which has the task of ensuring that objective and equitable criteria are used and a balance achieved in public service recruitment; and
• (iii) the possible establishment of a 30 per cent quota for women at all levels of the hierarchy, and the results achieved.

Institution responsible for human rights and equality issues. The Committee notes that the Government’s report does not contain any information on the activities of the Independent National Human Rights Commission (CNIDH) with regard to non-discrimination and equality. However, it observes that on 25 April 2017 the CNIDH launched a Strategic Plan 2016–20, which included the objectives of promoting the implementation of economic, social and cultural rights and improving the protection of vulnerable groups. The Committee asks the Government to provide information on the implementation of the CNIDH Strategic Plan 2016–20, indicating the steps taken or contemplated to combat discrimination and promote equality in employment and occupation both between men and women and also in relation to indigenous peoples, and on the results achieved.

Statistics. The Committee notes that the National Gender Policy 2012 provides for the production of data disaggregated by sex by the Burundian Institute of Statistics and Economic Surveys and for the setting up of a gender information system in each sector of development. The Committee asks the Government to provide information on the setting up of such a system and to provide all available statistical data, disaggregated by sex, on the active population in the public and private sectors and on access for boys and girls to education and vocational training.

Enforcement. The Committee asks the Government to provide information on the activities of the labour inspectorate with regard to combating discrimination in employment and occupation and promoting equality of opportunity and treatment.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations from the Trade Union Confederation of Burundi (COSYBU), which were received on 30 August 2018. It requests the Government to provide its comments thereon.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

The Committee notes the observations on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU), which were received on 26 November 2015.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex or gender. Gender-based violence. The Committee notes with interest the adoption of Act No. 1/13 of 22 September 2016 concerning the prevention and suppression of gender-based violence and victim protection, which defines and punishes, inter alia, the concept of gender-based violence, including sexual violence, sexual harassment, gender-hostile traditional practices and economic violence, which is defined as denying a spouse access to family resources or forbidding a spouse to work. The Committee also notes that, under section 14, any employees who are victims of gender-based violence in or outside the workplace have the right, at their request and subject to a doctor’s approval, to a temporary reduction or reorganization of hours of work, to a geographical transfer, to assignment to another workplace, to the suspension of their employment contract (following which employees can resume their contracts) and to resignation without notice. In this respect, the Committee would like to draw the Government’s attention to the fact that resignation with or without notice must not be used in practice as the only means of ending the violence and obtaining compensation but rather should be a last resort since this would amount to punishing the victims through the loss of their jobs (double penalty). The Committee notes that Act No. 1/13 also provides that “any employer who violates the rights of a person on the basis of his/her sex which are set down in the Labour Code and its implementing regulations, shall be liable to a fine of 500,000 to 1 million Burundian francs”. The Committee asks the Government to provide information on the following points:

• (i) the implementation and application in practice of Act No. 1/13 of 22 September 2016 with regard to employment and occupation, indicating the number and type of cases of gender-based violence dealt with by the labour inspectorate and the courts and also the penalties imposed;
• (ii) 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 as regards action against gender-based violence, including the steps taken to publicize the content of Act No. 1/13; and
• (iii) the activities of the Independent National Human Rights Commission (CNIDH) against gender-based violence in employment.

In addition, the Committee asks the Government to indicate whether it envisages carrying out an inventory of laws that are discriminatory towards women in order to bring them into line with the Constitution and ratified international instruments, as recommended by the CNIDH.

Sexual harassment. The Committee recalls that section 563 of the Penal Code, as amended in 2009, includes a provision defining sexual harassment as “the act of subjecting another person to orders, threats or physical or psychological coercion, or serious pressure, with a view to obtaining favours of a sexual nature by abusing the authority inherent in his or her functions”, but does not cover either hostile work environment sexual harassment or acts committed by a work colleague or a person connected to the job (such as a customer or supplier). The Committee notes that Act No. 1/13 of 2016 defines sexual harassment as “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, whether between equals or in a hierarchical situation; the act of subjecting another person to orders, threats or physical or psychological coercion, or serious pressure, with a view to obtaining favours of a sexual nature by abusing the authority inherent in his or her functions”. The Committee observes that this definition covers more forms of sexual harassment, including sexual harassment by a person who has no hierarchical connection with the victim. However, it notes that this definition does not cover the concept of a hostile, offensive or humiliating work environment created by certain forms of conduct with sexual connotations. While noting in particular the progress achieved through the adoption of Act No. 1/13 of 2016, the Committee asks the Government to examine the possibility of expanding the definition of sexual harassment by adding the notion of a hostile, offensive or humiliating work environment, and asks it, in the absence of any specific provision towards this end in the Act of 2016, to specify the procedure to be followed and the penalties that apply in cases of sexual harassment. The Committee also asks 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 with regard to the prevention and treatment of sexual harassment.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the National Employment Policy Paper of 2014, some progress has been made on equality but profound inequalities persist in terms of access to initial employment and to managerial posts and as regards conditions of work. These inequalities are due to various forms of discrimination and the social distribution of labour and the exclusive role of women in the area of childcare and domestic tasks. In this regard, the Committee notes that the National Employment Policy states that it will be necessary to encourage enterprises to take steps to achieve a better balance between work and family life and to improve women’s access to productive resources. It also provides for the possibility of establishing a 30 per cent quota for women at all hierarchical levels in the public and semi-public administration on a trial basis, and also for the use of anonymous employment resumés and the promotion of vocational training.

The Committee further notes that Act No. 1/13 of 2016 provides that the Government must formulate and implement a gender policy, submit a report on its implementation to the National Assembly (sections 3 and 4) and adopt awareness-raising measures to “modify structures and models of sociocultural behaviour for men and women to eliminate customary or other practices based on the notion of the inferiority or superiority of either sex or stereotypical roles of men or women” (section 5). The Act establishes the obligation for parents or any other persons in charge of children to give equal treatment to boys and girls in all aspects of life and to protect them against any gender-based violence (section 8). Public authorities must take steps to give girls and boys equal access to education, and school directors must ensure that single mothers’ right to education is respected. In this regard, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, welcomed the measures adopted by Burundi to increase the school enrolment and retention rates for girls, including the adoption of a policy on the reintegration of girls into school after pregnancy (CEDAW/C/BDI/CO/5-6, paragraph 34). While welcoming all of these provisions and measures, the Committee asks the Government to provide information on their implementation in practice and the results achieved, including with regard to increasing the rate of school enrolment and vocational training for girls and improving women’s access to productive resources and to employment including to managerial posts in the public and private sectors. The Committee also asks the Government to indicate whether a new national gender policy, replacing the one adopted in 2012, has been formulated and, if so, to provide details on those sections relating to gender equality in employment and occupation.

Indigenous peoples. The Committee recalls that it has been drawing the Government’s attention for a number of years to the stigmatization and discrimination faced by the Batwa people and notes that the Government’s report does not contain any information on this matter. The Committee notes that, in their respective concluding observations, CEDAW emphasizes that access to education for Batwa girls is very limited (CEDAW/C/BDI/CO/5-6, 25 November 2016, paragraph 34(b)) and the United Nations Committee on Economic, Social and Cultural Rights expresses concern at the lack of effective measures for combating the discrimination faced by the Batwa, particularly with regard to ensuring the effective exercise of their economic, social and cultural rights (E/C.12/BDI/CO/1, 16 October 2015, paragraph 15). The Committee urges the Government to take the necessary steps to ensure equal access for the Batwa people to education, vocational training and employment, including to enable them to exercise their traditional activities, and also steps to combat stereotypes and prejudice against this indigenous community and to promote tolerance among all sections of the population. The Committee also asks the Government to provide information on 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 on the exercise of traditional activities by the Batwa on the land where they live.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU), received on 26 November 2015.

Article 1(1)(b) of the Convention. Other grounds of discrimination. Real or perceived HIV status. The Committee notes the measures provided for in the National Strategic Plan for Combating AIDS (2012–16), one of the priorities of which is to ensure protection of the rights of persons living with HIV given the persistence of discrimination and rejection in occupational and social environments. Drawing the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), the Committee asks the Government to provide information on any steps taken to combat discrimination and stigmatization in employment and occupation in relation to persons living with HIV, as part of the implementation of the Strategic Plan or in any other form.

Article 2. Non-discrimination and equality of opportunity and treatment in the public service. The Committee notes that the COSYBU reiterates its brief observations on the existence of discriminatory recruitment practices in the public service based on affiliation to the ruling political party and points out that these practices mostly occur in the education and health sectors. The Committee recalls that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions and in respect of political affiliation. The protection of political opinion applies to opinions which are either expressed or demonstrated, except where violent methods are used, and is not limited to differences of opinion within the established framework of principles. The general obligation to conform to an established ideology or to sign an oath of political allegiance is discriminatory. Cases where political opinion is taken into consideration as a prerequisite for a given job should be objectively examined under judicial scrutiny to determine whether this prerequisite is actually justified by the inherent requirements of the particular job. Political opinion may in certain circumstances constitute a bona fide qualification for certain senior posts which are directly concerned with developing government policy (see General Survey of 2012 on the fundamental Conventions, paragraphs 805 and 831). The Committee asks the Government to provide information on the manner in which it ensures that recruitment in the public service is free of any discrimination based on political opinion, and to send comments on the allegations that the COSYBU has been making for a number of years.

Furthermore, the Committee recalls that, according to Article 143 of the Constitution, “the administration is broadly representative of the Burundian nation and must reflect the diversity of its component parts” and “the practices that it observes with regard to employment are based on objective and equitable criteria of aptitude and also on the need to rectify imbalances and ensure broad representation in ethnic, regional and gender terms”. The Committee notes that the Senate of Burundi has set up a commission of inquiry regarding the status of observance of the balance required by the Constitution within the public and semi public administration, semi-autonomous departments, and decentralized and devolved services. The Committee asks the Government to provide information on the following points:

• (i) the composition of public sector personnel as established by the commission of inquiry, and the steps taken or contemplated to rectify any imbalance identified;
• (ii) any steps taken in this respect by the National Recruitment Commission, which has the task of ensuring that objective and equitable criteria are used and a balance achieved in public service recruitment; and
• (iii) the possible establishment of a 30 per cent quota for women at all levels of the hierarchy, and the results achieved.

Institution responsible for human rights and equality issues. The Committee notes that the Government’s report does not contain any information on the activities of the Independent National Human Rights Commission (CNIDH) with regard to non-discrimination and equality. However, it observes that on 25 April 2017 the CNIDH launched a Strategic Plan 2016–20, which included the objectives of promoting the implementation of economic, social and cultural rights and improving the protection of vulnerable groups. The Committee asks the Government to provide information on the implementation of the CNIDH Strategic Plan 2016–20, indicating the steps taken or contemplated to combat discrimination and promote equality in employment and occupation both between men and women and also in relation to indigenous peoples, and on the results achieved.

Statistics. The Committee notes that the National Gender Policy 2012 provides for the production of data disaggregated by sex by the Burundian Institute of Statistics and Economic Surveys and for the setting up of a gender information system in each sector of development. The Committee asks the Government to provide information on the setting up of such a system and to provide all available statistical data, disaggregated by sex, on the active population in the public and private sectors and on access for boys and girls to education and vocational training.

Enforcement. The Committee asks the Government to provide information on the activities of the labour inspectorate with regard to combating discrimination in employment and occupation and promoting equality of opportunity and treatment.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU), which were received on 26 November 2015.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex or gender. Gender-based violence. The Committee notes with interest the adoption of Act No. 1/13 of 22 September 2016 concerning the prevention and suppression of gender-based violence and victim protection, which defines and punishes, inter alia, the concept of gender-based violence, including sexual violence, sexual harassment, gender-hostile traditional practices and economic violence, which is defined as denying a spouse access to family resources or forbidding a spouse to work. The Committee also notes that, under section 14, any employees who are victims of gender-based violence in or outside the workplace have the right, at their request and subject to a doctor’s approval, to a temporary reduction or reorganization of hours of work, to a geographical transfer, to assignment to another workplace, to the suspension of their employment contract (following which employees can resume their contracts) and to resignation without notice. In this respect, the Committee would like to draw the Government’s attention to the fact that resignation with or without notice must not be used in practice as the only means of ending the violence and obtaining compensation but rather should be a last resort since this would amount to punishing the victims through the loss of their jobs (double penalty). The Committee notes that Act No. 1/13 also provides that “any employer who violates the rights of a person on the basis of his/her sex which are set down in the Labour Code and its implementing regulations, shall be liable to a fine of 500,000 to 1 million Burundian francs”. The Committee asks the Government to provide information on the following points:

• (i) the implementation and application in practice of Act No. 1/13 of 22 September 2016 with regard to employment and occupation, indicating the number and type of cases of gender-based violence dealt with by the labour inspectorate and the courts and also the penalties imposed;
• (ii) 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 as regards action against gender-based violence, including the steps taken to publicize the content of Act No. 1/13; and
• (iii) the activities of the Independent National Human Rights Commission (CNIDH) against gender-based violence in employment.

In addition, the Committee asks the Government to indicate whether it envisages carrying out an inventory of laws that are discriminatory towards women in order to bring them into line with the Constitution and ratified international instruments, as recommended by the CNIDH.

Sexual harassment. The Committee recalls that section 563 of the Penal Code, as amended in 2009, includes a provision defining sexual harassment as “the act of subjecting another person to orders, threats or physical or psychological coercion, or serious pressure, with a view to obtaining favours of a sexual nature by abusing the authority inherent in his or her functions”, but does not cover either hostile work environment sexual harassment or acts committed by a work colleague or a person connected to the job (such as a customer or supplier). The Committee notes that Act No. 1/13 of 2016 defines sexual harassment as “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, whether between equals or in a hierarchical situation; the act of subjecting another person to orders, threats or physical or psychological coercion, or serious pressure, with a view to obtaining favours of a sexual nature by abusing the authority inherent in his or her functions”. The Committee observes that this definition covers more forms of sexual harassment, including sexual harassment by a person who has no hierarchical connection with the victim. However, it notes that this definition does not cover the concept of a hostile, offensive or humiliating work environment created by certain forms of conduct with sexual connotations. While noting in particular the progress achieved through the adoption of Act No. 1/13 of 2016, the Committee asks the Government to examine the possibility of expanding the definition of sexual harassment by adding the notion of a hostile, offensive or humiliating work environment, and asks it, in the absence of any specific provision towards this end in the Act of 2016, to specify the procedure to be followed and the penalties that apply in cases of sexual harassment. The Committee also asks 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 with regard to the prevention and treatment of sexual harassment.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the National Employment Policy Paper of 2014, some progress has been made on equality but profound inequalities persist in terms of access to initial employment and to managerial posts and as regards conditions of work. These inequalities are due to various forms of discrimination and the social distribution of labour and the exclusive role of women in the area of childcare and domestic tasks. In this regard, the Committee notes that the National Employment Policy states that it will be necessary to encourage enterprises to take steps to achieve a better balance between work and family life and to improve women’s access to productive resources. It also provides for the possibility of establishing a 30 per cent quota for women at all hierarchical levels in the public and semi-public administration on a trial basis, and also for the use of anonymous employment resumés and the promotion of vocational training.

The Committee further notes that Act No. 1/13 of 2016 provides that the Government must formulate and implement a gender policy, submit a report on its implementation to the National Assembly (sections 3 and 4) and adopt awareness-raising measures to “modify structures and models of sociocultural behaviour for men and women to eliminate customary or other practices based on the notion of the inferiority or superiority of either sex or stereotypical roles of men or women” (section 5). The Act establishes the obligation for parents or any other persons in charge of children to give equal treatment to boys and girls in all aspects of life and to protect them against any gender-based violence (section 8). Public authorities must take steps to give girls and boys equal access to education, and school directors must ensure that single mothers’ right to education is respected. In this regard, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, welcomed the measures adopted by Burundi to increase the school enrolment and retention rates for girls, including the adoption of a policy on the reintegration of girls into school after pregnancy (CEDAW/C/BDI/CO/5-6, paragraph 34). While welcoming all of these provisions and measures, the Committee asks the Government to provide information on their implementation in practice and the results achieved, including with regard to increasing the rate of school enrolment and vocational training for girls and improving women’s access to productive resources and to employment including to managerial posts in the public and private sectors. The Committee also asks the Government to indicate whether a new national gender policy, replacing the one adopted in 2012, has been formulated and, if so, to provide details on those sections relating to gender equality in employment and occupation.

Indigenous peoples. The Committee recalls that it has been drawing the Government’s attention for a number of years to the stigmatization and discrimination faced by the Batwa people and notes that the Government’s report does not contain any information on this matter. The Committee notes that, in their respective concluding observations, CEDAW emphasizes that access to education for Batwa girls is very limited (CEDAW/C/BDI/CO/5-6, 25 November 2016, paragraph 34(b)) and the United Nations Committee on Economic, Social and Cultural Rights expresses concern at the lack of effective measures for combating the discrimination faced by the Batwa, particularly with regard to ensuring the effective exercise of their economic, social and cultural rights (E/C.12/BDI/CO/1, 16 October 2015, paragraph 15). The Committee urges the Government to take the necessary steps to ensure equal access for the Batwa people to education, vocational training and employment, including to enable them to exercise their traditional activities, and also steps to combat stereotypes and prejudice against this indigenous community and to promote tolerance among all sections of the population. The Committee also asks the Government to provide information on 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 on the exercise of traditional activities by the Batwa on the land where they live.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Discrimination on the basis of sex. The Committee notes that, in its 2012 activities report, the National Independent Human Rights Commission (CNIDH), set up in 2011, specifically recommended the Government 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, and to adopt the Act on Prevention, Repression and Compensation of Gender-based Violence. The Committee requests the Government to provide information on the measures taken or envisaged to follow up on the CNIDH’s recommendations concerning measures to combat sex discrimination. Furthermore, recalling its previous comments to the effect that despite the ban on dismissals during maternity leave (section 122 of the Labour Code), such dismissals were occurring in the private sector, the Committee reiterates its request for information on the progress and results of the labour inspectorate’s awareness-raising activities regarding discrimination based on pregnancy, as well as on the number and outcome of complaints lodged by women whose employment contracts have been terminated while on maternity leave. The Government is also requested to provide information on the measures taken relating to the maternity insurance scheme in the private sector.

Sexual harassment. In its previous comments, the Committee noted that the issue of sexual harassment was to be addressed in the context of both the revision of the Labour Code and the activities of the Higher Council of the Public Service, and the Government also indicated that a provision on sexual harassment would be included in the draft revised Penal Code. The Committee notes that Act No. 1/05 of 22 April 2009 revising the Penal Code includes a provision defining sexual harassment as “the act of subjecting another person to orders, threats or physical or psychological coercion, or serious pressure, with a view to obtaining favours of a sexual nature by abusing the authority inherent in his or her functions”, and makes it punishable by a month to two years of penal servitude and a fine of 100,000 to 500,000 francs (section 563). While welcoming the inclusion of a provision in the Penal Code defining and criminalizing sexual harassment, the Committee wishes to draw the Government’s attention to the fact that only harassment similar to sexual blackmail (quid pro quo) is covered by section 563, and that this must be committed by a person in a situation of authority. With reference to its general observation of 2002, the Committee recalls that in order to combat all forms of behaviour constituting sexual harassment, it is important also to ban sexual harassment arising from a hostile or offensive environment, as well as acts committed not only by a person in a position of authority, but also by a work colleague or a person with links to the job, such as the client of an enterprise or a subcontractor. The Committee would also like to recall that, in general, addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, and the higher burden of proof, which is harder to meet, especially if there are no witnesses (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794). The Committee asks the Government to indicate the steps taken or envisaged to amend section 563 of the Penal Code to cover sexual harassment arising from a hostile environment and urges the Government to include provisions defining and prohibiting sexual harassment in both its forms in the Labour Code. The Committee asks the Government to provide information on the progress made in dealing with the issue of violence against women in the context of the national policy of equality between men and women. Please also provide information on the practical measures taken to prevent and eliminate sexual harassment in the public and private sectors.

Gender equality in employment and occupation. The Committee requests the Government to provide information on the following points:

• (i) the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and statistical information on the participation of men and women in vocational training, indicating the progress achieved in encouraging women to pursue occupations traditionally held by men;
• (ii) any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy; and
• (iii) statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data become available.

Institution responsible for human rights and equality issues. The Committee notes the adoption of Act No. 1/04 of 5 January 2011 establishing the CNIDH and welcomes the setting up of this Commission, the functions of which include combating gender-based violence, ensuring the promotion of women’s rights and contributing to promoting the principles of equality and non-discrimination as guaranteed by the Constitution. The Committee notes that, according to its 2012 annual activities report, the CNIDH has organized or participated in activities targeting vulnerable categories of persons, such as persons with disabilities and the Batwa. The Committee also notes that in 2012, 13 allegations of labour rights violations were brought before the CNIDH. The Committee requests the Government to provide information on the operation and activities of the CNIDH in relation to the promotion of equality and non-discrimination and the advancement of women’s rights in employment and occupation. Please also provide information on the complaints of discrimination in employment and occupation lodged with the CNIDH, indicating the number of cases received and handled, the grounds of discrimination concerned, the outcome of the procedures and the penalties handed down.

Enforcement. The Government is also asked to provide information on any other measures taken by the labour inspectors to address discrimination in employment and occupation.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations communicated on 26 September 2014 by the Trade Union Confederation of Burundi (COSYBU) on the application of the Convention. The COSYBU reiterates its observations concerning the existence of discriminatory recruitment practices in the public service, based on membership of the political party in power, specifying that these practices are particularly prevalent in the education and health sectors. Noting that the Government has not replied to the observations submitted by the COSYBU in 2008 and 2012 or to those of 2013, the Committee once again asks the Government to provide comments on the COSYBU’s allegations concerning the existence of discriminatory recruitment practices in the public service based on political opinion, especially in the education and health sectors, and to indicate any steps taken to ensure that recruitment in the public service should be exempt from any discrimination.

Discrimination based on race, colour or national extraction. In its previous comments, the Committee requested the Government to provide information on the measures taken to address discrimination in employment between different ethnic groups. In reply, the Government once again refers to the 2005 Constitution, and to the Arusha Agreement. As previously noted by the Committee, article 122 of the Constitution prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour and language. The Committee also notes that, pursuant to article 129(1) of the Constitution, 60 per cent and 40 per cent of the seats in Parliament are reserved for Hutus and Tutsis, respectively. Similar provisions also exist for government positions. In its report, the Government also asserts that ethnic discrimination in employment and occupation no longer exists. As the elimination of discrimination and the promotion of equality is a continual process, and cannot be achieved solely through legislation, the Committee finds it difficult to accept statements to the effect that discrimination is inexistent in a given country. It stresses the need for the Government to take continuing action with a view to promoting and ensuring non-discrimination and equality in employment and occupation. The Committee therefore reiterates its request for information on any specific measures taken to promote and ensure equality of opportunity and treatment, irrespective of ethnic origin, in respect of employment in the private and public sectors, including awareness-raising activities and measures to promote respect and tolerance between the different groups. It also reiterates its request for information on the activities of the newly established public service recruitment commission with a view to promoting equal access to public service employment of different ethnic groups.

Indigenous peoples. The Committee urges the Government to take all measures necessary to ensure equal access of the Batwa to education, vocational training and employment, including through reviewing and strengthening relevant national laws and policies and ensuring their full implementation. The Committee also requests the Government to take measures to combat stereotypes and prejudice against this group. The Government is requested to provide detailed information with regard to these matters in its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Discrimination on the basis of sex. The Committee notes that, in its 2012 activities report, the National Independent Human Rights Commission (CNIDH), set up in 2011, specifically recommended the Government 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, and to adopt the Act on Prevention, Repression and Compensation of Gender-based Violence. The Committee requests the Government to provide information on the measures taken or envisaged to follow-up on the CNIDH’s recommendations concerning measures to combat sex discrimination. Furthermore, recalling its previous comments to the effect that despite the ban on dismissals during maternity leave (section 122 of the Labour Code), such dismissals were occurring in the private sector, the Committee reiterates its request for information on the progress and results of the labour inspectorate’s awareness-raising activities regarding discrimination based on pregnancy, as well as on the number and outcome of complaints lodged by women whose employment contracts have been terminated while on maternity leave. The Government is also requested to provide information on the measures taken relating to the maternity insurance scheme in the private sector.

Sexual harassment. In its previous comments, the Committee noted that the issue of sexual harassment was to be addressed in the context of both the revision of the Labour Code and the activities of the Higher Council of the Public Service, and the Government also indicated that a provision on sexual harassment would be included in the draft revised Penal Code. The Committee notes that Act No. 1/05 of 22 April 2009 revising the Penal Code includes a provision defining sexual harassment as “the act of subjecting another person to orders, threats or physical or psychological coercion, or serious pressure, with a view to obtaining favours of a sexual nature by abusing the authority inherent in his or her functions”, and makes it punishable by a month to two years of penal servitude and a fine of 100,000 to 500,000 francs (section 563). While welcoming the inclusion of a provision in the Penal Code defining and criminalizing sexual harassment, the Committee wishes to draw the Government’s attention to the fact that only harassment similar to sexual blackmail (quid pro quo) is covered by section 563, and that this must be committed by a person in a situation of authority. With reference to its general observation of 2002, the Committee recalls that in order to combat all forms of behaviour constituting sexual harassment, it is important also to ban sexual harassment arising from a hostile or offensive environment, as well as acts committed not only by a person in a position of authority, but also by a work colleague or a person with links to the job, such as the client of an enterprise or a subcontractor. The Committee would also like to recall that, in general, addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, and the higher burden of proof, which is harder to meet, especially if there are no witnesses (see 2012 General Survey on the fundamental Conventions, 2012, paragraphs 789–794). The Committee asks the Government to indicate the steps taken or envisaged to amend section 563 of the Penal Code to cover sexual harassment arising from a hostile environment and urges the Government to include provisions defining and prohibiting sexual harassment in both its forms in the Labour Code. The Committee asks the Government to provide information on the progress made in dealing with the issue of violence against women in the context of the national policy of equality between men and women. Please also provide information on the practical measures taken to prevent and eliminate sexual harassment in the public and private sectors.

Gender equality in employment and occupation. The Committee requests the Government to provide information on the following points:

• (i) the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and statistical information on the participation of men and women in vocational training, indicating the progress achieved in encouraging women to pursue occupations traditionally held by men;
• (ii) any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy;
• (iii) statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data becomes available.

Institution responsible for human rights and equality issues. The Committee notes the adoption of Act No. 1/04 of 5 January 2011 establishing the CNIDH and welcomes the setting up of this Commission, the functions of which include combating gender-based violence, ensuring the promotion of women’s rights and contributing to promoting the principles of equality and non-discrimination as guaranteed by the Constitution. The Committee notes that, according to its 2012 annual activities report, the CNIDH has organized or participated in activities targeting vulnerable categories of persons, such as persons with disabilities and the Batwa. The Committee also notes that in 2012, 13 allegations of labour rights violations were brought before the CNIDH. The Committee requests the Government to provide information on the operation and activities of the CNIDH in relation to the promotion of equality and non-discrimination and the advancement of women’s rights in employment and occupation. Please also provide information on the complaints of discrimination in employment and occupation lodged with the CNIDH, indicating the number of cases received and handled, the grounds of discrimination concerned, the outcome of the procedures and the penalties handed down.

Enforcement. The Government is also asked to provide information on any other measures taken by the labour inspectors to address discrimination in employment and occupation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations communicated on 26 September 2014 by the Trade Union Confederation of Burundi (COSYBU) on the application of the Convention. The COSYBU reiterates its observations concerning the existence of discriminatory recruitment practices in the public service, based on membership of the political party in power, specifying that these practices are particularly prevalent in the education and health sectors. Noting that the Government has not replied to the observations submitted by the COSYBU in 2008 and 2012 or to those of 2013, the Committee once again asks the Government to provide comments on the COSYBU’s allegations concerning the existence of discriminatory recruitment practices in the public service based on political opinion, especially in the education and health sectors, and to indicate any steps taken to ensure that recruitment in the public service should be exempt from any discrimination.

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Discrimination based on race, colour or national extraction. In its previous comments the Committee requested the Government to provide information on the measures taken to address discrimination in employment between different ethnic groups. In reply, the Government once again refers to the 2005 Constitution, and to the Arusha Agreement. As previously noted by the Committee, article 122 of the Constitution prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour and language. The Committee also notes that, pursuant to article 129(1) of the Constitution, 60 per cent and 40 per cent of the seats in Parliament are reserved for Hutus and Tutsis, respectively. Similar provisions also exist for government positions. In its report, the Government also asserts that ethnic discrimination in employment and occupation no longer exists. As the elimination of discrimination and the promotion of equality is a continual process, and cannot be achieved solely through legislation, the Committee finds it difficult to accept statements to the effect that discrimination is inexistent in a given country. It stresses the need for the Government to take continuing action with a view to promoting and ensuring non-discrimination and equality in employment and occupation. The Committee therefore reiterates its request for information on any specific measures taken to promote and ensure equality of opportunity and treatment, irrespective of ethnic origin, in respect of employment in the private and public sectors, including awareness-raising activities and measures to promote respect and tolerance between the different groups. It also reiterates its request for information on the activities of the newly established public service recruitment commission with a view to promoting equal access to public service employment of different ethnic groups.

Indigenous peoples. The Committee urges the Government to take all measures necessary to ensure equal access of the Batwa to education, vocational training and employment, including through reviewing and strengthening relevant national laws and policies and ensuring their full implementation. The Committee also requests the Government to take measures to combat stereotypes and prejudice against this group. The Government is requested to provide detailed information with regard to these matters in its next report.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Discrimination on the basis of sex. The Committee notes that, in its 2012 activities report, the National Independent Human Rights Commission (CNIDH), set up in 2011, specifically recommended the Government 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, and to adopt the Act on Prevention, Repression and Compensation of Gender-based Violence. The Committee requests the Government to provide information on the measures taken or envisaged to follow-up on the CNIDH’s recommendations concerning measures to combat sex discrimination. Furthermore, recalling its previous comments to the effect that despite the ban on dismissals during maternity leave (section 122 of the Labour Code), such dismissals were occurring in the private sector, the Committee reiterates its request for information on the progress and results of the labour inspectorate’s awareness-raising activities regarding discrimination based on pregnancy, as well as on the number and outcome of complaints lodged by women whose employment contracts have been terminated while on maternity leave. The Government is also requested to provide information on the measures taken relating to the maternity insurance scheme in the private sector.

Sexual harassment. In its previous comments, the Committee noted that the issue of sexual harassment was to be addressed in the context of both the revision of the Labour Code and the activities of the Higher Council of the Public Service, and the Government also indicated that a provision on sexual harassment would be included in the draft revised Penal Code. The Committee notes that Act No. 1/05 of 22 April 2009 revising the Penal Code includes a provision defining sexual harassment as “the act of subjecting another person to orders, threats or physical or psychological coercion, or serious pressure, with a view to obtaining favours of a sexual nature by abusing the authority inherent in his or her functions”, and makes it punishable by a month to two years of penal servitude and a fine of 100,000 to 500,000 francs (section 563). While welcoming the inclusion of a provision in the Penal Code defining and criminalizing sexual harassment, the Committee wishes to draw the Government’s attention to the fact that only harassment similar to sexual blackmail (quid pro quo) is covered by section 563, and that this must be committed by a person in a situation of authority. With reference to its general observation of 2002, the Committee recalls that in order to combat all forms of behaviour constituting sexual harassment, it is important also to ban sexual harassment arising from a hostile or offensive environment, as well as acts committed not only by a person in a position of authority, but also by a work colleague or a person with links to the job, such as the client of an enterprise or a subcontractor. The Committee would also like to recall that, in general, addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, and the higher burden of proof, which is harder to meet, especially if there are no witnesses (see 2012 General Survey on the fundamental Conventions, 2012, paragraphs 789–794). The Committee asks the Government to indicate the steps taken or envisaged to amend section 563 of the Penal Code to cover sexual harassment arising from a hostile environment and urges the Government to include provisions defining and prohibiting sexual harassment in both its forms in the Labour Code. The Committee asks the Government to provide information on the progress made in dealing with the issue of violence against women in the context of the national policy of equality between men and women. Please also provide information on the practical measures taken to prevent and eliminate sexual harassment in the public and private sectors.

Institution responsible for human rights and equality issues. The Committee notes the adoption of Act No. 1/04 of 5 January 2011 establishing the CNIDH and welcomes the setting up of this Commission, the functions of which include combating gender-based violence, ensuring the promotion of women’s rights and contributing to promoting the principles of equality and non-discrimination as guaranteed by the Constitution. The Committee notes that, according to its 2012 annual activities report, the CNIDH has organized or participated in activities targeting vulnerable categories of persons, such as persons with disabilities and the Batwa. The Committee also notes that in 2012, 13 allegations of labour rights violations were brought before the CNIDH. The Committee requests the Government to provide information on the operation and activities of the CNIDH in relation to the promotion of equality and non-discrimination and the advancement of women’s rights in employment and occupation. Please also provide information on the complaints of discrimination in employment and occupation lodged with the CNIDH, indicating the number of cases received and handled, the grounds of discrimination concerned, the outcome of the procedures and the penalties handed down.

Furthermore, the Committee notes once again with regret that the Government’s report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that it will contain full information on the following issues raised in its previous direct request, which read as follows:

Gender equality in employment and occupation. ... The Committee requests the Government to provide information on the following points:

• (i) the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and statistical information on the participation of men and women in vocational training, indicating the progress achieved in encouraging women to pursue occupations traditionally held by men;
• (ii) any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy;
• (iii) statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data becomes available.

Enforcement. ... The Government is also asked to provide information on any other measures taken by the labour inspectors to address discrimination in employment and occupation.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations dated 30 August 2013 of the Trade Union Confederation of Burundi (COSYBU) on the application of the Convention. The COSYBU reiterates its observations of 2012 and 2008 concerning the existence of discriminatory recruitment practices in the public service, based on membership of the political party in power, specifying that these practices are particularly prevalent in the education and health sectors. Noting that the Government has not replied to the observations submitted by the COSYBU in 2008 and 2012 or to those of 2013, the Committee asks the Government to provide comments on the COSYBU’s allegations concerning the existence of discriminatory recruitment practices in the public service based on political opinion, especially in the education and health sectors, and to indicate any steps taken to ensure that recruitment in the public service should be exempt from any discrimination.

Furthermore, the Committee once again notes with regret that it has not received the Government’s report. It is therefore bound to repeat its previous observation, which read as follows:

Discrimination based on race, colour or national extraction. In its previous comments the Committee requested the Government to provide information on the measures taken to address discrimination in employment between different ethnic groups. In reply, the Government once again refers to the 2005 Constitution, and to the Arusha Agreement. As previously noted by the Committee, article 122 of the Constitution prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour and language. The Committee also notes that, pursuant to article 129(1) of the Constitution, 60 per cent and 40 per cent of the seats in Parliament are reserved for Hutus and Tutsis, respectively. Similar provisions also exist for government positions. In its report, the Government also asserts that ethnic discrimination in employment and occupation no longer exists. As the elimination of discrimination and the promotion of equality is a continual process, and cannot be achieved solely through legislation, the Committee finds it difficult to accept statements to the effect that discrimination is inexistent in a given country. It stresses the need for the Government to take continuing action with a view to promoting and ensuring non-discrimination and equality in employment and occupation. The Committee therefore reiterates its request for information on any specific measures taken to promote and ensure equality of opportunity and treatment, irrespective of ethnic origin, in respect of employment in the private and public sectors, including awareness-raising activities and measures to promote respect and tolerance between the different groups. It also reiterates its request for information on the activities of the newly established public service recruitment commission with a view to promoting equal access to public service employment of different ethnic groups.

Indigenous peoples. ... The Committee urges the Government to take all measures necessary to ensure equal access of the Batwa to education, vocational training and employment, including through reviewing and strengthening relevant national laws and policies and ensuring their full implementation. The Committee also requests the Government to take measures to combat stereotypes and prejudice against this group. The Government is requested to provide detailed information with regard to these matters in its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Sexual harassment. In its previous comments, the Committee noted indications from the Government that the issue of sexual harassment would be addressed in the context of both the revision of the Labour Code and the activities of the High Council of the Public Service. In its latest report the Government states that provision concerning sexual harassment will be contained in the draft Criminal Code which is currently under consideration by Parliament. Noting that there is a high incidence of violence against women in the country (CEDAW/C/BDI/4, 6 March 2007, paragraph 30), the Committee is concerned to note from the Government’s report that, in the absence of the required funds, the National Gender Policy which was aimed at addressing the problem of violence against women has not yet been implemented. The Committee requests the Government to indicate the progress in including provisions prohibiting sexual harassment in the Labour Code and the Criminal Code, as well as with regard to addressing violence against women under the National Gender Policy. It also reiterates its request for information on the measures taken by the High Council of the Public Service to prevent sexual harassment in the public sector.

Discrimination on the basis of sex. The Committee recalls its previous comments on section 122 of the Labour Code, which prohibits dismissal during maternity leave, and the fact that despite this provision such dismissals occur in the private sector. It notes that the planned maternity insurance scheme which is hoped to address this practise is still subject to consultations between the social partners. The Committee asks the Government to indicate the steps taken towards the adoption and implementation of the maternity insurance scheme in the private sector. It also reiterates its request for information on the progress and results of the labour inspectorate’s sensitization activities regarding discrimination based on pregnancy, as well as on the number and outcomes of complaints lodged by women whose employment contracts have been terminated while on maternity leave.

Gender equality in employment and occupation. ... The Committee requests the Government to provide information on the following points:

• (i) the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and statistical information on the participation of men and women in vocational training, indicating the progress achieved in encouraging women to pursue occupations traditionally held by men;
• (ii) any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy;
• (iii) statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data becomes available.

Enforcement. Recalling its previous comments regarding the equality provisions contained in section 6(1) of Act No. 1/28 of 23 August 2006 on the general status of public servants, the Committee notes from the Government’s report that no complaint has been lodged with regard to this provision. The Committee requests the Government to continue to provide information concerning any complaints or cases concerning discrimination brought before the competent authorities, including cases involving article 22 of the Constitution, section 6(1) of Act No. 1/28 of 23 August 2006, section 6 of the Labour Code, or any other provisions applying the Convention. The Government is also asked to provide information on any measures taken by the labour inspectors to address discrimination in employment and occupation.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

In its 2008 observation, the Committee noted the observations dated 30 August 2008 from the Trade Union Confederation of Burundi (COSYBU) on the application of the Convention, and noted that the Government had not replied to them. The Committee notes a new communication dated 31 August 2012 from COSYBU containing observations on the application of the Convention. COSYBU again highlights the existence of discriminatory recruitment practices in the public service, based on membership of the political party in power. According to the confederation, such practices are starting to become widespread in non-governmental organizations and foreign companies. The Committee requests the Government to send any comments that it may wish to make in reply to the observations from COSYBU.

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the comments on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU) dated 30 August 2008, to which the Government has not as yet replied. It requests the Government to provide its comments regarding the issues raised by COSYBU.

Discrimination based on race, colour or national extraction. In its previous comments the Committee requested the Government to provide information on the measures taken to address discrimination in employment between different ethnic groups. In reply, the Government once again refers to the 2005 Constitution, and to the Arusha Agreement. As previously noted by the Committee, article 122 of the Constitution prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour and language. The Committee also notes that, pursuant to article 129(1) of the Constitution, 60 per cent and 40 per cent of the seats in Parliament are reserved for Hutus and Tutsis, respectively. Similar provisions also exist for government positions. In its report, the Government also asserts that ethnic discrimination in employment and occupation no longer exists. As the elimination of discrimination and the promotion of equality is a continual process, and cannot be achieved solely through legislation, the Committee finds it difficult to accept statements to the effect that discrimination is inexistent in a given country. It stresses the need for the Government to take continuing action with a view to promoting and ensuring non-discrimination and equality in employment and occupation. The Committee therefore reiterates its request for information on any specific measures taken to promote and ensure equality of opportunity and treatment, irrespective of ethnic origin, in respect of employment in the private and public sectors, including awareness-raising activities and measures to promote respect and tolerance between the different groups. It also reiterates its request for information on the activities of the newly established public service recruitment commission with a view to promoting equal access to public service employment of different ethnic groups.

The Committee notes that, despite the provisions of article 7 of Protocol I to the Arusha Agreement which provides for the promotion of disadvantaged groups, notably the Batwa, the Working Group of Expats on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights (Report of the Research and Information Visit to the Republic of Burundi, March–April 2005, page 31) reports that this particular group continues to suffer from strong negative stereotypes and racial harassment by other segments of the population. While taking note of the Government’s very general statement that measures have been taken in the field of education, the Committee observes that, according to the African Commission’s Working Group, the Batwa’s access to education is well below the national average. The illiteracy rate among the Batwa is estimated to be over 78 per cent. The Committee urges the Government to take all measures necessary to ensure equal access of the Batwa to education, vocational training and employment, including through reviewing and strengthening relevant national laws and policies and ensuring their full implementation. The Committee also requests the Government to take measures to combat stereotypes and prejudice against this group. The Government is requested to provide detailed information with regard to these matters in its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Sexual harassment. In its previous comments, the Committee noted indications from the Government that the issue of sexual harassment would be addressed in the context of both the revision of the Labour Code and the activities of the High Council of the Public Service. In its latest report the Government states that provision concerning sexual harassment will be contained in the draft Criminal Code which is currently under consideration by Parliament. Noting that there is a high incidence of violence against women in the country (CEDAW/C/BDI/4, 6 March 2007, paragraph 30), the Committee is concerned to note from the Government’s report that, in the absence of the required funds, the National Gender Policy which was aimed at addressing the problem of violence against women has not yet been implemented. The Committee requests the Government to indicate the progress in including provisions prohibiting sexual harassment in the Labour Code and the Criminal Code, as well as with regard to addressing violence against women under the National Gender Policy. It also reiterates its request for information on the measures taken by the High Council of the Public Service to prevent sexual harassment in the public sector.

Discrimination on the basis of sex. The Committee recalls its previous comments on section 122 of the Labour Code, which prohibits dismissal during maternity leave, and the fact that despite this provision such dismissals occur in the private sector. It notes that the planned maternity insurance scheme which is hoped to address this practise is still subject to consultations between the social partners. The Committee asks the Government to indicate the steps taken towards the adoption and implementation of the maternity insurance scheme in the private sector. It also reiterates its request for information on the progress and results of the labour inspectorate’s sensitization activities regarding discrimination based on pregnancy, as well as on the number and outcomes of complaints lodged by women whose employment contracts have been terminated while on maternity leave.

Gender equality in employment and occupation. The Committee notes from the Government’s report that among the participants in the training courses held at the Vocational Training and Development Centres (CPF) from January 2006 to July 2007, 463 were women and 862 men (i.e. women represented 34 per cent of the participants in the training courses). It also notes that the level of women’s participation in the programmes organized by the CPF in Nyakabika remains largely unchanged (in 2006 only 14 out of a total of 243 graduates were women). The Committee requests the Government to provide information on the following points:

• (i) the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and statistical information on the participation of men and women in vocational training, indicating the progress achieved in encouraging women to pursue occupations traditionally held by men;
• (ii) any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy;
• (iii) statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data becomes available.

Enforcement. Recalling its previous comments regarding the equality provisions contained in section 6(1) of Act No. 1/28 of 23 August 2006 on the general status of public servants, the Committee notes from the Government’s report that no complaint has been lodged with regard to this provision. The Committee requests the Government to continue to provide information concerning any complaints or cases concerning discrimination brought before the competent authorities, including cases involving article 22 of the Constitution, section 6(1) of Act No. 1/28 of 23 August 2006, section 6 of the Labour Code, or any other provisions applying the Convention. The Government is also asked to provide information on any measures taken by the labour inspectors to address discrimination in employment and occupation.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the comments on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU) dated 30 August 2008, to which the Government has not as yet replied. It requests the Government to provide its comments regarding the issues raised by COSYBU.

Discrimination based on race, colour or national extraction. In its previous comments the Committee requested the Government to provide information on the measures taken to address discrimination in employment between different ethnic groups. In reply, the Government once again refers to the 2005 Constitution, and to the Arusha Agreement. As previously noted by the Committee, article 122 of the Constitution prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour and language. The Committee also notes that, pursuant to article 129(1) of the Constitution, 60 per cent and 40 per cent of the seats in Parliament are reserved for Hutus and Tutsis, respectively. Similar provisions also exist for government positions. In its report, the Government also asserts that ethnic discrimination in employment and occupation no longer exists. As the elimination of discrimination and the promotion of equality is a continual process, and cannot be achieved solely through legislation, the Committee finds it difficult to accept statements to the effect that discrimination is inexistent in a given country. It stresses the need for the Government to take continuing action with a view to promoting and ensuring non-discrimination and equality in employment and occupation. The Committee therefore reiterates its request for information on any specific measures taken to promote and ensure equality of opportunity and treatment, irrespective of ethnic origin, in respect of employment in the private and public sectors, including awareness-raising activities and measures to promote respect and tolerance between the different groups. It also reiterates its request for information on the activities of the newly established public service recruitment commission with a view to promoting equal access to public service employment of different ethnic groups.

The Committee notes that, despite the provisions of article 7 of Protocol I to the Arusha Agreement which provides for the promotion of disadvantaged groups, notably the Batwa, the Working Group of Expats on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights (Report of the Research and Information Visit to the Republic of Burundi, March–April 2005, page 31) reports that this particular group continues to suffer from strong negative stereotypes and racial harassment by other segments of the population. While taking note of the Government’s very general statement that measures have been taken in the field of education, the Committee observes that, according to the African Commission’s Working Group, the Batwa’s access to education is well below the national average. The illiteracy rate among the Batwa is estimated to be over 78 per cent. The Committee urges the Government to take all measures necessary to ensure equal access of the Batwa to education, vocational training and employment, including through reviewing and strengthening relevant national laws and policies and ensuring their full implementation. The Committee also requests the Government to take measures to combat stereotypes and prejudice against this group. The Government is requested to provide detailed information with regard to these matters in its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Sexual harassment. In its previous comments the Committee noted indications from the Government that the issue of sexual harassment would be addressed in the context of both the revision of the Labour Code and the activities of the High Council of the Public Service. In its latest report the Government states that provision concerning sexual harassment will be contained in the draft Criminal Code which is currently under consideration by Parliament. Noting that there is a high incidence of violence against women in the country (CEDAW/C/BDI/4, 6 March 2007, paragraph 30), the Committee is concerned to note from the Government’s report that, in the absence of the required funds, the National Gender Policy which was aimed at addressing the problem of violence against women has not yet been implemented. The Committee requests the Government to indicate the progress in including provisions prohibiting sexual harassment in the Labour Code and the Criminal Code, as well as with regard to addressing violence against women under the National Gender Policy. It also reiterates its request for information on the measures taken by the High Council of the Public Service to prevent sexual harassment in the public sector.

Discrimination on the basis of sex. The Committee recalls its previous comments on section 122 of the Labour Code, which prohibits dismissal during maternity leave, and the fact that despite this provision such dismissals occur in the private sector. It notes that the planned maternity insurance scheme which is hoped to address this practise is still subject to consultations between the social partners. The Committee asks the Government to indicate the steps taken towards the adoption and implementation of the maternity insurance scheme in the private sector. It also reiterates its request for information on the progress and results of the labour inspectorate’s sensitization activities regarding discrimination based on pregnancy, as well as on the number and outcomes of complaints lodged by women whose employment contracts have been terminated while on maternity leave.

Gender equality in employment and occupation. The Committee notes from the Government’s report that among the participants in the training courses held at the Vocational Training and Development Centres (CPF) from January 2006 to July 2007, 463 were women and 862 men (i.e. women represented 34 per cent of the participants in the training courses). It also notes that the level of women’s participation in the programmes organized by the CPF in Nyakabika remains largely unchanged (in 2006 only 14 out of a total of 243 graduates were women). The Committee requests the Government to:

(a)   supply information on the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and continue to provide statistical information on the participation of men and women in vocational training, and indicate the progress achieved in encouraging women to pursue occupations traditionally held by men;

(b)   provide information on any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy;

(c)    provide statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data becomes available.

Enforcement. Recalling its previous comments regarding the equality provisions contained in section 6(1) of Act No. 1/28 of 23 August 2006 on the general status of public servants, the Committee notes from the Government’s report that no complaint has been lodged with regard to this provision. The Committee requests the Government to continue to provide information concerning any complaints or cases concerning discrimination brought before the competent authorities, including cases involving article 22 of the Constitution, section 6(1) of Act No. 1/28 of 23 August 2006, section 6 of the Labour Code, or any other provisions applying the Convention. The Government is also asked to provide information on any measures taken by the labour inspectors to address discrimination in employment and occupation.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the comments on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU) dated 30 August 2008, to which the Government has not as yet replied. It requests the Government to provide its comments regarding the issues raised by COSYBU.

Discrimination based on race, colour or national extraction. In its previous comments the Committee requested the Government to provide information on the measures taken to address discrimination in employment between different ethnic groups. In reply, the Government once again refers to the 2005 Constitution, and to the Arusha Agreement. As previously noted by the Committee, article 122 of the Constitution prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour and language. The Committee also notes that, pursuant to article 129(1) of the Constitution, 60 per cent and 40 per cent of the seats in Parliament are reserved for Hutus and Tutsis, respectively. Similar provisions also exist for government positions. In its report, the Government also asserts that ethnic discrimination in employment and occupation no longer exists. As the elimination of discrimination and the promotion of equality is a continual process, and cannot be achieved solely through legislation, the Committee finds it difficult to accept statements to the effect that discrimination is inexistent in a given country. It stresses the need for the Government to take continuing action with a view to promoting and ensuring non-discrimination and equality in employment and occupation. The Committee therefore reiterates its request for information on any specific measures taken to promote and ensure equality of opportunity and treatment, irrespective of ethnic origin, in respect of employment in the private and public sectors, including awareness-raising activities and measures to promote respect and tolerance between the different groups. It also reiterates its request for information on the activities of the newly established public service recruitment commission with a view to promoting equal access to public service employment of different ethnic groups.

The Committee notes that, despite the provisions of article 7 of Protocol I to the Arusha Agreement which provides for the promotion of disadvantaged groups, notably the Batwa, the Working Group of Expats on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights (Report of the Research and Information Visit to the Republic of Burundi, March–April 2005, page 31) reports that this particular group continues to suffer from strong negative stereotypes and racial harassment by other segments of the population. While taking note of the Government’s very general statement that measures have been taken in the field of education, the Committee observes that, according to the African Commission’s Working Group, the Batwa’s access to education is well below the national average. The illiteracy rate among the Batwa is estimated to be over 78 per cent. The Committee urges the Government to take all measures necessary to ensure equal access of the Batwa to education, vocational training and employment, including through reviewing and strengthening relevant national laws and policies and ensuring their full implementation. The Committee also requests the Government to take measures to combat stereotypes and prejudice against this group. The Government is requested to provide detailed information with regard to these matters in its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Sexual harassment. In its previous comments the Committee noted indications from the Government that the issue of sexual harassment would be addressed in the context of both the revision of the Labour Code and the activities of the High Council of the Public Service. In its latest report the Government states that provision concerning sexual harassment will be contained in the draft Criminal Code which is currently under consideration by Parliament. Noting that there is a high incidence of violence against women in the country (CEDAW/C/BDI/4, 6 March 2007, paragraph 30), the Committee is concerned to note from the Government’s report that, in the absence of the required funds, the National Gender Policy which was aimed at addressing the problem of violence against women has not yet been implemented. The Committee requests the Government to indicate the progress in including provisions prohibiting sexual harassment in the Labour Code and the Criminal Code, as well as with regard to addressing violence against women under the National Gender Policy. It also reiterates its request for information on the measures taken by the High Council of the Public Service to prevent sexual harassment in the public sector.

Discrimination on the basis of sex. The Committee recalls its previous comments on section 122 of the Labour Code, which prohibits dismissal during maternity leave, and the fact that despite this provision such dismissals occur in the private sector. It notes that the planned maternity insurance scheme which is hoped to address this practise is still subject to consultations between the social partners. The Committee asks the Government to indicate the steps taken towards the adoption and implementation of the maternity insurance scheme in the private sector. It also reiterates its request for information on the progress and results of the labour inspectorate’s sensitization activities regarding discrimination based on pregnancy, as well as on the number and outcomes of complaints lodged by women whose employment contracts have been terminated while on maternity leave.

Gender equality in employment and occupation. The Committee notes from the Government’s report that among the participants in the training courses held at the Vocational Training and Development Centres (CPF) from January 2006 to July 2007, 463 were women and 862 men (i.e. women represented 34 per cent of the participants in the training courses). It also notes that the level of women’s participation in the programmes organized by the CPF in Nyakabika remains largely unchanged (in 2006 only 14 out of a total of 243 graduates were women). The Committee requests the Government to:

(a)   supply information on the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and continue to provide statistical information on the participation of men and women in vocational training, and indicate the progress achieved in encouraging women to pursue occupations traditionally held by men;

(b)    provide information on any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy;

(c)    provide statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data becomes available.

Enforcement. Recalling its previous comments regarding the equality provisions contained in section 6(1) of Act No. 1/28 of 23 August 2006 on the general status of public servants, the Committee notes from the Government’s report that no complaint has been lodged with regard to this provision. The Committee requests the Government to continue to provide information concerning any complaints or cases concerning discrimination brought before the competent authorities, including cases involving article 22 of the Constitution, section 6(1) of Act No. 1/28 of 23 August 2006, section 6 of the Labour Code, or any other provisions applying the Convention. The Government is also asked to provide information on any measures taken by the labour inspectors to address discrimination in employment and occupation.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes the comments on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU) dated 30 August 2008, to which the Government has not as yet replied. It requests the Government to provide its comments regarding the issues raised by COSYBU.

Discrimination based on race, colour or national extraction. In its previous comments the Committee requested the Government to provide information on the measures taken to address discrimination in employment between different ethnic groups. In reply, the Government once again refers to the 2005 Constitution, and to the Arusha Agreement. As previously noted by the Committee, article 122 of the Constitution prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour and language. The Committee also notes that, pursuant to article 129(1) of the Constitution, 60 per cent and 40 per cent of the seats in Parliament are reserved for Hutus and Tutsis, respectively. Similar provisions also exist for government positions. In its report, the Government also asserts that ethnic discrimination in employment and occupation no longer exists. As the elimination of discrimination and the promotion of equality is a continual process, and cannot be achieved solely through legislation, the Committee finds it difficult to accept statements to the effect that discrimination is inexistent in a given country. It stresses the need for the Government to take continuing action with a view to promoting and ensuring non-discrimination and equality in employment and occupation. The Committee therefore reiterates its request for information on any specific measures taken to promote and ensure equality of opportunity and treatment, irrespective of ethnic origin, in respect of employment in the private and public sectors, including awareness‑raising activities and measures to promote respect and tolerance between the different groups. It also reiterates its request for information on the activities of the newly established public service recruitment commission with a view to promoting equal access to public service employment of different ethnic groups.

The Committee notes that, despite the provisions of article 7 of Protocol I to the Arusha Agreement which provides for the promotion of disadvantaged groups, notably the Batwa, the Working Group of Expats on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights (Report of the Research and Information Visit to the Republic of Burundi, March–April 2005, page 31) reports that this particular group continues to suffer from strong negative stereotypes and racial harassment by other segments of the population. While taking note of the Government’s very general statement that measures have been taken in the field of education, the Committee observes that, according to the African Commission’s Working Group, the Batwa’s access to education is well below the national average. The illiteracy rate among the Batwa is estimated to be over 78 per cent. The Committee urges the Government to take all measures necessary to ensure equal access of the Batwa to education, vocational training and employment, including through reviewing and strengthening relevant national laws and policies and ensuring their full implementation. The Committee also requests the Government to take measures to combat stereotypes and prejudice against this group. The Government is requested to provide detailed information with regard to these matters in its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Sexual harassment. In its previous comments the Committee noted indications from the Government that the issue of sexual harassment would be addressed in the context of both the revision of the Labour Code and the activities of the High Council of the Public Service. In its latest report the Government states that provision concerning sexual harassment will be contained in the draft Criminal Code which is currently under consideration by Parliament. Noting that there is a high incidence of violence against women in the country (CEDAW/C/BDI/4, 6 March 2007, paragraph 30), the Committee is concerned to note from the Government’s report that, in the absence of the required funds, the National Gender Policy which was aimed at addressing the problem of violence against women has not yet been implemented. The Committee requests the Government to indicate the progress in including provisions prohibiting sexual harassment in the Labour Code and the Criminal Code, as well as with regard to addressing violence against women under the National Gender Policy. It also reiterates its request for information on the measures taken by the High Council of the Public Service to prevent sexual harassment in the public sector.

Discrimination on the basis of sex. The Committee recalls its previous comments on section 122 of the Labour Code, which prohibits dismissal during maternity leave, and the fact that despite this provision such dismissals occur in the private sector. It notes that the planned maternity insurance scheme which is hoped to address this practise is still subject to consultations between the social partners. The Committee asks the Government to indicate the steps taken towards the adoption and implementation of the maternity insurance scheme in the private sector. It also reiterates its request for information on the progress and results of the labour inspectorate’s sensitization activities regarding discrimination based on pregnancy, as well as on the number and outcomes of complaints lodged by women whose employment contracts have been terminated while on maternity leave.

Gender equality in employment and occupation. The Committee notes from the Government’s report that among the participants in the training courses held at the Vocational Training and Development Centres (CPF) from January 2006 to July 2007, 463 were women and 862 men (i.e. women represented 34 per cent of the participants in the training courses). It also notes that the level of women’s participation in the programmes organized by the CPF in Nyakabika remains largely unchanged (in 2006 only 14 out of a total of 243 graduates were women). The Committee requests the Government to:

(a)   supply information on the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and continue to provide statistical information on the participation of men and women in vocational training, and indicate the progress achieved in encouraging women to pursue occupations traditionally held by men;

(b)   provide information on any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy;

(c)   provide statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data becomes available.

Enforcement. Recalling its previous comments regarding the equality provisions contained in section 6(1) of Act No. 1/28 of 23 August 2006 on the general status of public servants, the Committee notes from the Government’s report that no complaint has been lodged with regard to this provision. The Committee requests the Government to continue to provide information concerning any complaints or cases concerning discrimination brought before the competent authorities, including cases involving article 22 of the Constitution, section 6(1) of Act No. 1/28 of 23 August 2006, section 6 of the Labour Code, or any other provisions applying the Convention. The Government is also asked to provide information on any measures taken by the labour inspectors to address discrimination in employment and occupation.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments on the application of the Convention made by the Trade Union Confederation of Burundi (COSYBU) dated 30 August 2008, to which the Government has not as yet replied. It requests the Government to provide its comments regarding the issues raised by COSYBU.

Discrimination based on race, colour or national extraction. In its previous comments the Committee requested the Government to provide information on the measures taken to address discrimination in employment between different ethnic groups. In reply, the Government once again refers to the 2005 Constitution, and to the Arusha Agreement. As previously noted by the Committee, article 122 of the Constitution prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour and language. The Committee also notes that, pursuant to article 129(1) of the Constitution, 60 per cent and 40 per cent of the seats in Parliament are reserved for Hutus and Tutsis, respectively. Similar provisions also exist for government positions. In its report, the Government also asserts that ethnic discrimination in employment and occupation no longer exists. As the elimination of discrimination and the promotion of equality is a continual process, and cannot be achieved solely through legislation, the Committee finds it difficult to accept statements to the effect that discrimination is inexistent in a given country. It stresses the need for the Government to take continuing action with a view to promoting and ensuring non-discrimination and equality in employment and occupation. The Committee therefore reiterates its request for information on any specific measures taken to promote and ensure equality of opportunity and treatment, irrespective of ethnic origin, in respect of employment in the private and public sectors, including awareness‑raising activities and measures to promote respect and tolerance between the different groups. It also reiterates its request for information on the activities of the newly established public service recruitment commission with a view to promoting equal access to public service employment of different ethnic groups.

The Committee notes that, despite the provisions of article 7 of Protocol I to the Arusha Agreement which provides for the promotion of disadvantaged groups, notably the Batwa, the Working Group of Expats on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights (Report of the Research and Information Visit to the Republic of Burundi, March–April 2005, page 31) reports that this particular group continues to suffer from strong negative stereotypes and racial harassment by other segments of the population. While taking note of the Government’s very general statement that measures have been taken in the field of education, the Committee observes that, according to the African Commission’s Working Group, Batwa’s access to education is well below the national average. The illiteracy rate among the Batwa is estimated to be over 78 per cent. The Committee urges the Government to take all measures necessary to ensure equal access of the Batwa to education, vocational training and employment, including through reviewing and strengthening relevant national laws and policies and ensuring their full implementation. The Committee also requests the Government to take measures to combat stereotypes and prejudice against this group. The Government is requested to provide detailed information with regard to these matters in its next report.

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

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

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.

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

1. Discrimination based on race, colour or national extraction. The Committee recalls the communication received from the International Confederation of Free Trade Unions (ICFTU) dated 26 March 2003. According to the ICFTU, discrimination between two ethnic groups, the Hutu and Tutsi, is persistent and is manifest in terms of employment. In its response of 5 May 2004, the Government states that the authorities make every effort to prevent discrimination based on ethnic origin. In its report, the Government states that the new Constitution approved by referendum on 28 February 2005 prohibits discrimination based, inter alia, on an individual’s origin, race, ethnicity, sex, colour, language (article 22). The Government asserts that the Constitution’s provisions are respected in practice. The Committee also notes the Government’s recognition of the need to assist disadvantaged groups, such as the Batwa, to remedy existing inequalities. The Committee notes the non-discrimination provisions of the new Constitution with interest. It requests the Government to provide detailed information in its next report on the specific measures taken to prevent ethnic discrimination and to promote equality in employment and occupation irrespective of ethnic origin, and to indicate any special measure taken to address the inequalities faced by particularly disadvantaged groups such as the Batwa.

2. Public service. The Committee notes with satisfaction the adoption of Act No. 1/28 of 23 August 2006 regarding the general status of public servants, and, in particular, article 6(1) which guarantees equality of opportunity and treatment for public servants without distinction, exclusion or preference based on religion, gender, political opinion, union activity, social or ethnic origin as well as real or perceived HIV status. The Committee asks the Government to provide information in its next report on the practical application of article 6(1) of the Act, including information on the number and outcome of complaints brought under this provision. Please also supply information on any measures taken to promote and ensure equality of opportunity in respect of access to employment in the public service.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reply to the observations by the International Confederation of Free Trade Unions (ICFTU) dated 26 March 2003, which it will examine at its next session, together with the Government’s report.

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that there are no laws or policies prohibiting sexual harassment in the workplace, but that the Government is ready to take measures to discourage this practice. It asks the Government to provide information on any measures taken or contemplated to prevent and address sexual harassment in private and public sector employment.

2. Articles 1, 2 and 3 of the Convention and Part IV of the report form. The Committee notes the Government’s statement that it will provide the information on the matters raised in the Committee’s previous direct request with its next report. It hopes that this report will contain full information on all the points previously raised, which read as follows:

1. The Committee notes the efforts under way to resolve and to build an internal political partnership in the country. In this regard, it notes the promulgation on 27 October 2001 of the Transitional Constitution, article 17 of which states that all persons are equal before the law, without distinction as to sex, origin, ethnic group, religion or opinion. It also notes that article 35 regulates the right to work and that article 36 provides for equal remuneration for equal work. The Committee requests the Government to provide information with its next report on the measures adopted or envisaged to ensure the application of the above rights set out in the Constitution of 2001, in so far as they are related to the achievement in practice of equality in employment and occupation for all men and women from various ethnic groups.

2. The Committee notes the Government’s statement of its intention to amend the regulations on the conditions of service of public servants to prohibit discrimination based on race, national extraction and sex. It also notes the Government’s statement that the priority given to citizens for employment in the public sector should be abolished. The Committee welcomes these initiatives and hopes that when the provisions are adopted, they will include all the grounds of discrimination laid down in Article 1 of the Convention, so that the above conditions of service would also prohibit discrimination in employment and occupation on the grounds of colour, religion, political opinion and social origin. The Committee requests the Government to indicate the measures that it has taken to extend the scope of the prohibition of discrimination proposed in the above conditions of service of public servants, and to apply it in practice. It also hopes the Government, in consultation with workers and employers’ organizations and community groups, will be able to review all laws and regulations in the near future to bring them into conformity with the Convention.

3. The Committee notes the Government’s statement that it has not been able to collect information respecting the national policy to promote equality of opportunity and treatment in respect of employment and occupation. In this connection, the Committee wishes to remind the Government that while affirmation of the principle of equality in constitutional or other legal texts may be an element of national policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention. This policy should: (1) be clearly stated, which implies that programmes for this purpose should be or should have been set up; and (2) should be applied, presupposing State implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee requests the Government to supply information with its next report respecting any national policy that has been adopted or is envisaged to promote equality in employment and occupation in the process of national reconstruction.

4. The Committee notes the establishment of the Ministry of Social Action and the Advancement of Women and the Ministry of Human Rights, Institutional Reforms and Relations with the National Assembly. It requests the Government to supply detailed information respecting the activities carried out by the above two ministries that are related to the promotion of non-discrimination and equality in employment and occupation. In more general terms, the Committee requests the Government to supply information in its next report respecting all the measures taken or contemplated to eliminate discrimination and promote equality in employment and occupation of women of all ethnic groups and the results achieved in terms of increasing women’s access to jobs and decision-making positions.

5. The Committee notes the Government’s statement that the Ministry of Labour, Public Service and Vocational Training publishes articles respecting its anti-discrimination policy in its monthly publication. The Committee asks the Government to supply copies of these articles with its next report. The Committee reiterates its request for further information respecting the participants in the two institutions that have been established for the provision of vocational training, namely, the Further and Continuous Training Centre (CPF) and the Vocational Training and Further Training Centre (CFPP). The Committee hopes that the Government will supply detailed information on the participants in these training centres, including their ethnic origin and sex, with a view to enabling the Committee to evaluate the application of Article 3(e) of the Convention, which provides that the Government shall ensure the observance of the policy in the activities of vocational training which is under the direction of a national authority.

6. The Committee notes the Government’s statement that information on the promotional role of labour inspection services in relation to the application of the Convention will be supplied to the Office and hopes that this information will be provided with the Government’s next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in reply to the observations by the International Confederation of Free Trade Unions (ICFTU) dated 26 March 2003, which it will examine at its next session, together with the Government’s report.

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that there are no laws or policies prohibiting sexual harassment in the workplace, but that the Government is ready to take measures to discourage this practice. It asks the Government to provide information on any measures taken or contemplated to prevent and address sexual harassment in private and public sector employment.

2. Articles 1, 2 and 3 of the Convention and Part IV of the report form. The Committee notes the Government’s statement that it will provide the information on the matters raised in the Committee’s previous direct request with its next report. It hopes that this report will contain full information on all the points previously raised, which read as follows:

1. The Committee notes the efforts under way to resolve and to build an internal political partnership in the country. In this regard, it notes the promulgation on 27 October 2001 of the Transitional Constitution, article 17 of which states that all persons are equal before the law, without distinction as to sex, origin, ethnic group, religion or opinion. It also notes that article 35 regulates the right to work and that article 36 provides for equal remuneration for equal work. The Committee requests the Government to provide information with its next report on the measures adopted or envisaged to ensure the application of the above rights set out in the Constitution of 2001, in so far as they are related to the achievement in practice of equality in employment and occupation for all men and women from various ethnic groups.

2. The Committee notes the Government’s statement of its intention to amend the regulations on the conditions of service of public servants to prohibit discrimination based on race, national extraction and sex. It also notes the Government’s statement that the priority given to citizens for employment in the public sector should be abolished. The Committee welcomes these initiatives and hopes that when the provisions are adopted, they will include all the grounds of discrimination laid down in Article 1 of the Convention, so that the above conditions of service would also prohibit discrimination in employment and occupation on the grounds of colour, religion, political opinion and social origin. The Committee requests the Government to indicate the measures that it has taken to extend the scope of the prohibition of discrimination proposed in the above conditions of service of public servants, and to apply it in practice. It also hopes the Government, in consultation with workers and employers’ organizations and community groups, will be able to review all laws and regulations in the near future to bring them into conformity with the Convention.

3. The Committee notes the Government’s statement that it has not been able to collect information respecting the national policy to promote equality of opportunity and treatment in respect of employment and occupation. In this connection, the Committee wishes to remind the Government that while affirmation of the principle of equality in constitutional or other legal texts may be an element of national policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention. This policy should: (1) be clearly stated, which implies that programmes for this purpose should be or should have been set up; and (2) should be applied, presupposing State implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee requests the Government to supply information with its next report respecting any national policy that has been adopted or is envisaged to promote equality in employment and occupation in the process of national reconstruction.

4. The Committee notes the establishment of the Ministry of Social Action and the Advancement of Women and the Ministry of Human Rights, Institutional Reforms and Relations with the National Assembly. It requests the Government to supply detailed information respecting the activities carried out by the above two ministries that are related to the promotion of non-discrimination and equality in employment and occupation. In more general terms, the Committee requests the Government to supply information in its next report respecting all the measures taken or contemplated to eliminate discrimination and promote equality in employment and occupation of women of all ethnic groups and the results achieved in terms of increasing women’s access to jobs and decision-making positions.

5. The Committee notes the Government’s statement that the Ministry of Labour, Public Service and Vocational Training publishes articles respecting its anti-discrimination policy in its monthly publication. The Committee asks the Government to supply copies of these articles with its next report. The Committee reiterates its request for further information respecting the participants in the two institutions that have been established for the provision of vocational training, namely, the Further and Continuous Training Centre (CPF) and the Vocational Training and Further Training Centre (CFPP). The Committee hopes that the Government will supply detailed information on the participants in these training centres, including their ethnic origin and sex, with a view to enabling the Committee to evaluate the application of Article 3(e) of the Convention, which provides that the Government shall ensure the observance of the policy in the activities of vocational training which is under the direction of a national authority.

6. The Committee notes the Government’s statement that information on the promotional role of labour inspection services in relation to the application of the Convention will be supplied to the Office and hopes that this information will be provided with the Government’s next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report of June 2001 and in its additional report received on 12 November 2001.

1. The Committee notes the efforts under way to resolve and to build an internal political partnership in the country. In this regard, it notes the promulgation on 27 October 2001 of the Transitional Constitution, article 17 of which states that all persons are equal before the law, without distinction as to sex, origin, ethnic group, religion or opinion. It also notes that article 35 regulates the right to work and that article 36 provides for equal remuneration for equal work. The Committee requests the Government to provide information with its next report on the measures adopted or envisaged to ensure the application of the above rights set out in the Constitution of 2001, in so far as they are related to the achievement in practice of equality in employment and occupation for all men and women from various ethnic groups.

2. The Committee notes the Government’s statement of its intention to amend the regulations on the conditions of service of public servants to prohibit discrimination based on race, national extraction and sex. It also notes the Government’s statement that the priority given to citizens for employment in the public sector should be abolished. The Committee welcomes these initiatives and hopes that when the provisions are adopted, they will include all the grounds of discrimination laid down in Article 1 of the Convention, so that the above conditions of service would also prohibit discrimination in employment and occupation on the grounds of colour, religion, political opinion and social origin. The Committee requests the Government to indicate the measures that it has taken to extend the scope of the prohibition of discrimination proposed in the above conditions of service of public servants, and to apply it in practice. It also hopes the Government, in consultation with workers and employers’ organizations, and community groups will be able to review all laws and regulations in the near future to bring them into conformity with the Convention.

3. The Committee notes the Government’s statement that it has not been able to collect information respecting the national policy to promote equality of opportunity and treatment in respect of employment and occupation. In this connection, the Committee wishes to remind the Government that while affirmation of the principle of equality in constitutional or other legal texts may be an element of national policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention. This policy should: (1) be clearly stated, which implies that programmes for this purpose should be or should have been set up; and (2) should be applied, presupposing State implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee requests the Government to supply information with its next report respecting any national policy that has been adopted or is envisaged to promote equality in employment and occupation in the process of national reconstruction.

4. The Committee notes the establishment of the Ministry of Social Action and the Advancement of Women and the Ministry of Human Rights, Institutional Reforms and Relations with the National Assembly. It requests the Government to supply detailed information respecting the activities carried out by the above two ministries that are related to the promotion of non-discrimination and equality in employment and occupation. In more general terms, the Committee requests the Government to supply information in its next report respecting all the measures taken or contemplated to eliminate discrimination and promote equality in employment and occupation of women of all ethnic groups and the results achieved in terms of increasing women’s access to jobs, and decision-making positions.

5. The Committee notes the Government’s statement that the Ministry of Labour, Public Service and Vocational Training publishes articles respecting its anti-discrimination policy in its monthly publication. The Committee asks the Government to supply copies of these articles with its next report. The Committee reiterates its request for further information respecting the participants in the two institutions that have been established for the provision of vocational training, namely, the Further and Continuous Training Centre (CPF) and the Vocational Training and Further Training Centre (CFPP). The Committee hopes that the Government will supply detailed information on the participants in these training centres, including their ethnic origin and sex, with a view to enabling the Committee to evaluate the application of Article 3(e) of the Convention, which provides that the Government shall ensure the observance of the policy in the activities of vocational training which is under the direction of a national authority.

6. The Committee notes the Government’s statement that information on the promotional role of labour inspection services in relation to the application of the Convention will be supplied to the Office and hopes that this information will be provided with the Government’s next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report of June 2001 and in its additional report received on 12 November 2001.

1. The Committee notes the efforts under way to resolve and to build an internal political partnership in the country. In this regard, it notes the promulgation on 27 October 2001 of the Transitional Constitution, article 17 of which states that all persons are equal before the law, without distinction as to sex, origin, ethnic group, religion or opinion. It also notes that article 35 regulates the right to work and that article 36 provides for equal remuneration for equal work. The Committee requests the Government to provide information with its next report on the measures adopted or envisaged to ensure the application of the above rights set out in the Constitution of 2001, in so far as they are related to the achievement in practice of equality in employment and occupation for all men and women from various ethnic groups.

2. The Committee notes the Government’s statement of its intention to amend the regulations on the conditions of service of public servants to prohibit discrimination based on race, national extraction and sex. It also notes the Government’s statement that the priority given to citizens for employment in the public sector should be abolished. The Committee welcomes these initiatives and hopes that when the provisions are adopted, they will include all the grounds of discrimination laid down in Article 1 of the Convention, so that the above conditions of service would also prohibit discrimination in employment and occupation on the grounds of colour, religion, political opinion and social origin. The Committee requests the Government to indicate the measures that it has taken to extend the scope of the prohibition of discrimination proposed in the above conditions of service of public servants, and to apply it in practice. It also hopes the Government, in consultation with workers and employers’ organizations, and community groups will be able to review all laws and regulations in the near future to bring them into conformity with the Convention.

3. The Committee notes the Government’s statement that it has not been able to collect information respecting the national policy to promote equality of opportunity and treatment in respect of employment and occupation. In this connection, the Committee wishes to remind the Government that while affirmation of the principle of equality in constitutional or other legal texts may be an element of national policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention. This policy should: (1) be clearly stated, which implies that programmes for this purpose should be or should have been set up; and (2) should be applied, presupposing State implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee requests the Government to supply information with its next report respecting any national policy that has been adopted or is envisaged to promote equality in employment and occupation in the process of national reconstruction.

4. The Committee notes the establishment of the Ministry of Social Action and the Advancement of Women and the Ministry of Human Rights, Institutional Reforms and Relations with the National Assembly. It requests the Government to supply detailed information respecting the activities carried out by the above two ministries that are related to the promotion of non-discrimination and equality in employment and occupation. In more general terms, the Committee requests the Government to supply information in its next report respecting all the measures taken or contemplated to eliminate discrimination and promote equality in employment and occupation of women of all ethnic groups and the results achieved in terms of increasing women’s access to jobs, and decision­-making positions.

5. The Committee notes the Government’s statement that the Ministry of Labour, Public Service and Vocational Trainingpublishes articles respecting its anti-discrimination policy in its monthly publication. The Committee asks the Government to supply copies of these articles with its next report. The Committee reiterates its request for further information respecting the participants in the two institutions that have been established for the provision of vocational training, namely, the Further and Continuous Training Centre (CPF) and the Vocational Training and Further Training Centre (CFPP). The Committee hopes that the Government will supply detailed information on the participants in these training centres, including their ethnic origin and sex, with a view to enabling the Committee to evaluate the application of Article 3(e) of the Convention, which provides that the Government shall ensure the observance of the policy in the activities of vocational training which is under the direction of a national authority.

6. The Committee notes the Government’s statement that information on the promotional role of labour inspection services in relation to the application of the Convention will be supplied to the Office and hopes that this information will be provided with the Government’s next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  In the first place, the Committee wishes to express its deep concern at the current situation in the country. The rapid resolution of this very serious crisis is an essential prerequisite for the development of a political context in which those responsible for government can fulfil their obligations deriving from the Convention in a sustainable manner. The Committee nevertheless notes the information provided in the Government’s first report, and the legislation to which reference is made. It requests the Government to provide additional information on the following points.

2.  Article 1 of the Convention.  The Committee notes that section 6 of the Labour Code prohibits any discrimination in employment on the basis of all the criteria set out in the Convention. However, it notes that the Labour Code excludes from its application state officials, who are governed by Legislative Decree No. 1/009 of June 1998 issuing the conditions of service of public servants. The Committee notes that no provision in this Legislative Decree guarantees protection against discrimination on grounds of race, national extraction or sex, and it requests the Government to indicate the manner in which protection is provided in the public service against discrimination on these three grounds.

3.  Article 2.  The Committee notes the provisions of the Transitional Constitutional Act of June 1998 and the Labour Code of 1993, setting forth the principle of non-discrimination in employment and occupation on the basis of all the criteria set out in the Convention, and also on grounds of trade union activities. However, the Government does not provide information on the other aspects of its national policy for the promotion of equality in employment and occupation. The Committee wishes to draw the Government’s attention to the fact that, while legislation is an element of this policy, it cannot be the sole component of such a policy, within the meaning of Article 2 of the Convention. It therefore requests the Government to provide information in future reports on the general methods (legal procedures, types of practical action, etc.) through which this policy is implemented.

4.  Article 3(a).  The Committee notes the information provided in the Government’s report concerning the delivery of work permits to foreign nationals, and the priority given to nationals for employment in the public service. With regard to Article 3(a) of the Convention, the Committee wishes to draw the Government’s attention to the fact that the cooperation required by this provision consists of active cooperation with employers’ and workers’ organizations in the fields covered by the Convention. This provision also presupposes that such organizations should not practise or tolerate any discrimination with regard to the admission of members, the maintenance of their membership or their participation in trade union activities. The Committee requests the Government to provide information on the measures taken to seek the active cooperation of employers’ and workers’ organizations in the application of the Convention, and the arrangements made for this purpose.

5.  Article 3(b).  The Committee requests the Government to provide additional information on the promotional role, in its proper sense, of labour inspection services and the manner in which this is carried out. It also requests the Government to indicate whether other bodies are specifically entrusted with combating discrimination in employment.

6.  Article 3(c).  Please indicate whether an examination has already been undertaken of national legislation with a view to identifying and repealing provisions which include discriminatory measures restricting the employment of minorities, and women.

7.  Article 3(d).  The Committee requests the Government to indicate the authorities which are entrusted with guaranteeing non-discrimination and promoting equality in the public sector, and whether there are competent authorities for issues relating to human rights and women’s issues.

8.  Article 3(e).  The Committee notes from the Government’s report that two institutions have been established for the provision of vocational training, namely the Further and Continuous Training Centre (CPF) and the Vocational Training and Further Training Centre (CFPP). The Committee would be grateful if the Government would provide information on the participants in these training courses by ethnic origin and sex.

9.  Article 4.  The Committee notes the Government’s indication that there are no legislative or administrative measures, or national practice governing the employment or occupational activities of persons justifiably suspected of engaging in activities prejudicial to the security of the State. It requests the Government to indicate whether it envisages adopting such measures in the future.

10.  Part V of the report form.  The Committee requests the Government to provide further information to enable it to evaluate the situation with regard to the application of the Convention in practice, including statistical information, and studies and information on the programmes or activities carried out for the application of the Convention.