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

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

A Government representative, referring to the report of the Committee of Experts, said that the form that had had to be filled in by the dismissed teachers was an administrative form designed to permit their re-instatement and not to learn their political opinions. The fact that, within its administration, the Government had civil servants who did not share the views of the revolutionary regime proved that it did not practise discrimination. The brief form did not contain items relating to professional qualifications, since this related to former officials whose files were at the Ministry of Labour, Social Security and Public Service. The circular sent by the Minister of Education prohibiting the employment of striking teachers in private institutions had been declared ineffective-a fact which the ILO mission in September 1986 had been able to verify upon its visit to the country. The mission had been informed of the number of striking teachers who wished to be reinstated in the public service, the number of those who had already been reinstated gradually and the number of those who had found employment in the private sector. The Government would make every effort to reinstate the teachers and hoped to be able shortly to communicate a list of the teachers who had been reinstated.

The Workers' members expressed their satisfaction concerning the very interesting information supplied by the Government representative, which gave the reply the Committee of Experts and the Conference Committee had awaited-namely, that the striking teachers were in the process of being reinstated and that, in addition, the Government was anxious not to turn out those who had replaced them. When a legal strike took place, the Government had to accept it, since, by taking discriminatory measures against strikers and replacing them by others, it violated the provisions of the Convention. It was still to be hoped that all the teachers who had gone on strike would be reinstated and that when strikes occurred in future, no penalty of that type would be imposed. The Government ought to be requested to report in detail on the subject.

The Worker member of France asked whether the figures on the number of dismissed and reinstated teachers which the Government stated that it had transmitted to the Office could not also be communicated to the present Committee, which also wished to know how many teachers had applied for reinstatement.

The Employers' members noted that, in its report, the Committee of Experts had stated that the application form in question contained sections relating to the political opinions of the persons concerned. The Government representative, however, had affirmed that the sole purpose of the form was to provide the administration with information to permit their reinstatement. If that was in fact the case, the Government's objective was in conformity with that of the Committee of Experts and the procedure was fully compatible with the provisions of the Convention, and accordingly it should be possible to find a way to amend the forms. The Government representative had also indicated that his Government was willing to follow the recommendations of the Committee on Freedom of Association. In view of those very positive facts, the information supplied should be presented in a detailed report by the Government, so that the Conference Committee could evaluate the results in 1988.

The Government representative indicated that the figures on the number of strikers and the number of teachers who had expressed a wish to be reinstated were no doubt included in the report drawn up by the ILO mission. Nevertheless, he was in a position to state that, of the approximately 1,000 workers who had been dismissed, 800 had expressed a wish to be reinstated, and that around 400 of them had already been reinstated, including 350 in the public service. The Government would continue to do everything it could to ensure that all the workers concerned were gradually reinstated, and he would inform his Government on the various comments that had been made by the present Committee.

The Committee took note of the information supplied by the Government representative. It also noted that the problem mentioned in the comments made by the Committee of Experts related to serious discriminatory practices against the teachers who had participated in strikes. Nevertheless, the Committee hoped that the Government would take the necessary measures to ensure that the Convention was applied in that connection and that it would provide full information on this matter.

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

Previous comment

Legislation. The Committee notes that a draft bill issuing a new Labour Code was adopted by the Council of Ministers on 7 September 2022 and was due to be submitted to Parliament for adoption. The Committee requests the Government to provide information on the adoption of the new Labour Code and to provide a copy (electronic or hard copy) if it has been adopted.

Article 1 of the Convention. Protection against discrimination for workers excluded from the scope of the Labour Code. The Committee recalls that section 4 of the Labour Code of 2008, which is currently in force, prohibits all discrimination in employment and occupation and contains a definition of direct and indirect discrimination, including on the basis of the seven grounds specified in Article 1(1)(a) of the Convention. For public service employees, who are excluded from the scope of the Labour Code (section 3), the provisions relating to protection against discrimination, to which the Government refers in its previous reports, are only concerned with access to employment (recruitment) for employees of the state public service, the regional public service, public establishments and the parliamentary public service. Among other things, these texts do not explicitly refer to any of the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee once again requests the Governmentto provide information on: (i) measures taken or envisaged to extend the protection against discrimination established in the Convention to the categories of workers who are excluded from the scope of the Labour Code, particularly employees in the public service (to this end, it suggests the adoption of provisions explicitly defining and prohibiting any direct or indirect discrimination at all stages of employment, and covering as a minimum all of the seven grounds specified in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin; (ii) the protection against discrimination afforded in practice to the categories of workers who are excluded from the scope of the Labour Code, indicating the procedure that enables them to assert their rights should they consider themselves to be victims of discrimination; and (iii) the measures adopted or envisaged to ensure that workers in the informal economy also benefit from the protection afforded by the Convention.

Sexual harassment. In its comment adopted in 2012, the Committee noted the Government’s commitment to taking the necessary steps to ensure that hostile work environment sexual harassment is covered by the labour legislation in the forthcoming revision of the Labour Code. The study on bringing the Labour Code into conformity with the fundamental and governance Conventions, undertaken with ILO support in 2014, also underlined the need to amend section 37 of the Labour Code to take account of the Committee’s comments, namely that hostile work environment sexual harassment, and not only quid pro quo sexual harassment, should be covered by the labour legislation. This request was reiterated in the “technical comments on the bill issuing the Labour Code” provided in 2017 at the Government’s request, in which the Office recalled that the definition of sexual harassment contained in section 41(3) of the bill (former section 37(3)) still did not cover sexual conduct which had the effect of creating an intimidating, hostile or humiliating work environment, whether or not the purpose of such conduct was to obtain a sexual favour; and that this provision relating to sexual harassment therefore lacked sufficient scope. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the legislation covers not only quid pro quo sexual harassment but also hostile work environment sexual harassment.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that various projects in the field of vocational training have resulted in increased staff numbers (rising from 30,030 in 2015/16 to 32,475 in 2018/19) but points out that at the same time the proportion of the number of girls has decreased (from 43.2 to 37.5 per cent in the same period). The Committee also notes that, in the context of the “Stabilization and development action plan (PA-SD)” of January 2023, particularly “Pillar 3: Refounding the State and improving governance”, one of the actions planned under strategic objective 3.4 “Promoting decent employment and social protection for all, particularly young persons and women” is to “strengthen the legal framework of the labour market”, which seeks to achieve target 8.8 of the United Nations (UN) Sustainable Development Goals (SDGs), namely to protect labour rights and all workers, including migrant workers, in particular women migrants, and those in precarious employment. Moreover, PA-SD strategic objective 3.5 (“Promoting equality of the sexes and autonomy for women and girls”) is aimed at achieving SDG targets 5.1 and 5.5 (“End all forms of discrimination against all women and girls everywhere” and “Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life”, respectively). The Committee also notes that through the Decent Work Country Programme (DWCP) 2020–22, signed by the ILO and the tripartite constituents in Burkina Faso, the latter have pledged to increase the employability of young persons, women and persons with disabilities by 2022 (outcome 2 of the DWCP). The Government also refers in its report, among the measures taken at the national level to apply the Convention, to a “National gender strategy (SNG) 2020–24”, accompanied by an “Operational action plan (2020–22)”, and also a “National strategy for the promotion of women’s entrepreneurship (2016–25)”. The latter notes that women account for more than 60 per cent of production activities in the informal economy but face difficulties regarding access to, and use and control of, resources and benefits of their socio-economic activities. It adds that despite the efforts made by the Government, economic autonomy for women remains a major challenge to be faced. With regard to the SNG 2020–24 – one of whose five strategic components is also concerned with achieving economic autonomy for women and girls – it offers a mixed assessment of the “National policy for the promotion of women (PNPF 2004–10)” in view of the fact that: (1) the justice system has remained largely inaccessible to women; (2) gender inequalities and disparities in occupational segregation have persisted (gender stereotypes still play a significant role in the choice of fields of study, with a tendency to reproduce traditional gender-based divisions relating to work, including in access to technical and vocational education and training); (3) “traditional practices harmful to women” have not been eradicated; (4) women and girls have continued to be the victims of sexual violence; and (5) despite advances observed in the field of education, inequalities remain with regard to access to the factors of production and economic resources. It is indicated in this strategy that there are “a number of forms of social discrimination to the detriment of women and girls and harmful traditional practices which undermine the enjoyment of their fundamental human rights” and that “significant improvements to the situation of women in Burkina Faso and achieving legal equality between men and women are goals that remain to be achieved”. The SNG 2020–24 also notes that between 2010 and 2019 the proportion of women in the public sector increased from 25 to 33.5 per cent, though this figure is still low. The Committee requests the Government to provide information on the measures taken or envisaged to: (i) effectively combat stereotypes and prejudice relating to the roles of men and women in society; and (ii) improve access for women to leadership positions in the public and private sectors. The Committee also requests the Government to provide detailed information, including statistical data, on the impact of measures taken to promote equal access to employment for men and women without discrimination on the basis of sex, including in the context of the Decent Work Country Programme, the “National gender strategy 2020–24” and the “National strategy for the promotion of women’s entrepreneurship (2016–25)”.

National equality policy irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee notes with regret the Government’s indication in its report that there is no specific national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination. The Committee is therefore bound to recall once again that, under Article 2 of the Convention, the primary obligation of ratifying States is to declare and pursue a national equality policy aimed at eliminating any discrimination in employment and occupation based, at a minimum, on the seven criteria formally prohibited by the Convention. This presupposes the implementation of affirmative programmes, the repeal or amendment of any discriminatory laws or administrative practices, the elimination of stereotyped behaviours and prejudicial attitudes, the promotion of a climate of tolerance and the implementation of a system of monitoring (see 2012 General Survey on the fundamental Conventions, paragraph 844). The Committee once again requests the Government to provide information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation for all, irrespective of race, colour, religion, political opinion, national extraction or social origin, with an indication in particular of whether monitoring mechanisms or specialized bodies have been established.

Article 5. Special measures of protection. The Committee notes the Government’s indication that Decree No. 2009-530/PRES/PM/MTSS/MASSN/MS of 17 July 2009 and Decree No. 2012-829/PRES/PM/MASSN/MEF/MJFPE/MTPEN of 22 October 2012 provide that enterprises with at least 50 employees, on the one hand, and the public service (including state public establishments), on the other hand, are required to reserve at least 5 and 10 per cent of posts, respectively, for persons with disabilities. Furthermore, the Committee recalls that in its previous comment it asked the Government to ensure that, in the context of the current reform of the Labour Code, any restrictions concerning the types of work which may be performed by women are strictly limited to the protection of maternity (section 142 of the Labour Code before revision, and Decree No. 2010-356/PRES/PM/MTSS of 25 June 2010 determining the nature of the hazardous types of work prohibited for women and pregnant women, which the Government once again refers to in its report). Hoping that this request will be taken into account, the Committee requests the Government to provide all relevant information on restrictions concerning the types of work which may be performed by women. The Committee also requests the Government to provide information, including statistical data, on the application in practice of the Decrees of 17 July 2009 and 22 October 2012 and the proportion of posts occupied by persons with disabilities in the public and private sectors.

Enforcement. Labour inspection and the courts. The Committee notes that the administrative or judicial decisions relating to discrimination in employment and occupation referred to by the Government in its report date back more than 10 or even 20 years. The Committee is therefore bound to recall that no society is exempt from discrimination and that the absence of cases of discrimination or complaints may be due, among other factors, to an inappropriate legal framework, lack of knowledge by workers of their rights in this respect, a lack of confidence in the remedies available or difficulties in gaining access in practice to such remedies, or fear of reprisals (2012 General Survey on the fundamental Conventions, paragraphs 731 and 870). In this regard, it notes that the SNG 2020–24 refers, among the deficiencies in implementation of the preceding national gender policy, to: failure to apply favourable laws and regulations systematically and adequately; inadequate financial resources for bodies to operate and for annual action plans to be implemented; and insufficient disaggregated data to document and monitor trends in inequality, thereby making monitoring and evaluation of programmes and projects difficult. The Committee therefore invites the Government to provide information on any measures adopted to improve the capacity of the competent authorities, particularly magistrates and other public officials, to identify and address cases of discrimination, to facilitate access to legal remedies, and to collect data disaggregated by category. The Committee also requests the Government to provide information on the awareness-raising activities undertaken by labour inspectors in relation to equality and action to combat discrimination, and any complaints examined in this regard.

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

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

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

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

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

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

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

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

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

Article 1 of the Convention. Protection against discrimination for workers excluded from the scope of the Labour Code. The Committee notes the detailed information supplied by the Government on the protection of workers who are excluded from the scope of the 2008 Labour Code. It notes that the provisions on protection against discrimination to which the Government refers address only access to employment (recruitment) for public employees of the State (Act No. 013/98/AN as amended by Act No. 019/2005/AN), employees of the territorial public service (Act No. 027-2006/AN), employees of public establishments (Act No. 033-2008/AN) and employees of the parliamentary public service (Act No. 020-2009/AN). Furthermore, there is no express mention in these laws of the grounds of discrimination set forth at Article 1(1)(a) of the Convention. Consequently, with a view to extending protection against discrimination so as to give full effect to the Convention, the Committee requests the Government to consider the possibility of incorporating in the laws pertaining to workers excluded from the scope of the Labour Code, particularly public servants, provisions defining and expressly prohibiting all discrimination, both direct and indirect, at all stages of employment and covering at least the grounds set forth at Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin. The Committee asks the Government to provide information on the protection against discrimination afforded in practice to such workers in the course of employment, indicating the procedure enabling them to assert their rights should they consider themselves victims of discrimination.

Sexual harassment. The Committee notes that the Government undertakes to adopt the necessary mesures to have sexual harassment due to a hostile working environment covered by the labour legislation when the Labour Code is next revised. It also notes the Government’s statement that no instances of sexual harassment at work have as yet been reported. The Committee wishes to draw the Government’s attention to the fact that the absence of complaints of sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to, or the inadequacy of, complaint mechanisms and means of redress, or fear of reprisals (see General Survey on fundamental Conventions, 2012, paragraph 790). The Committee requests the Government to provide information on any revision of section 37 of the Labour Code undertaken to included provisions guaranteeing protection against sexual harassment due to a hostile working environment. It again asks the Government to provide information on any practical measures taken, such as awareness-raising campaigns or information seminars, to prevent and eliminate all forms of sexual harassment, and to continue to send information on any instances of sexual harassment that the competent authorities have addressed. Further, the Government is asked to indicate how it ensures protection for public employees against sexual harassment at work.

Article 2. Equality of opportunity and treatment between men and women. In its previous comments, the Committee emphasized that women were poorly represented in both the public and private sectors and that there were substantial disparities between the sexes in employment and occupation. This is borne out by the figures supplied by the Government on public service staff numbers (men account for 70.61 per cent of public servants and women for 29.39 per cent). The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has also pointed out that women are under-represented in all areas of professional life (CEDAW/C/BFA/CO/6, 22 October 2010, paragraph 17). The Government’s report still provides no information on specific measures adopted and implemented for the effective promotion of equality of opportunity and treatment between men and women. The Committee nonetheless notes that a national gender policy was adopted in 2009 which provides for a whole series of measures aimed at eliminating inequalities between men and women in a number of areas, including education, vocational training, access to the resources of production and to employment opportunities, and combating “social and cultural pressures” and gender-based stereotyping. Noting that the Government intends to promote equality between men and women in the framework of its national gender policy, the Committee again asks it to provide information on specific measures taken to improve women’s access to wage employment in the private sector and the public service, including in positions of responsibility, and to self employment, including in rural areas. Please also provide information on the measures taken or envisaged to reduce occupational gender segregation in particular through education and vocational training and secure equality of access for men and women to resources of production such as credit and land. The Committee also asks the Government to indicate whether the implementation of the national gender policy is to be evaluated and, if so, to provide information on the impact the measures taken in this context have had on the status of men and women in employment and occupation. The Government is also asked to indicate any action undertaken to address effectively stereotyping and bias in men’s and women’s roles in society.

National policy on equality without distinction as to race, colour, religion, political opinion, national extraction or social origin. The Committee notes the Government’s statement that at present it has no broad national equality policy but that the issues are taken into account in the various laws in force. The Committee recalls that while the implementation of a national policy on equality normally includes the enactment of laws or regulations it also involves the adoption of specific measures, both immediate and for the long term, to eliminate in practice all discrimination in employment and occupation and promote equality among all sectors of the population. The Committee again asks the Government to provide information on specific measures taken to promote equality of opportunity and treatment for all in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction or social origin, specifying in particular whether supervisory mechanisms or specialized bodies have been established in this context.

Article 5. Special measures of protection. The Committee notes that the Government merely indicates that section 142 of the Labour Code of 2008, providing that “no woman worker may be assigned to work that may harm her reproductive capacity or, in the case of a pregnant woman, harm her health or that of her child”, is effectively applied. The Committee asks the Government to provide information on work prohibited for women pursuant to section 142 of the Labour Code.

Enforcement. Labour inspection and courts. The Committee notes that according to the Government, no administrative or judicial decisions on discrimination in employment and occupation have as yet been handed down. Regarding the work of the labour inspectorate more particularly, the Committee notes that the Government refers to the general yearly report of the labour inspectorate for 2011, which is not available. Consequently, the Committee asks the Government to provide information on the work undertaken by labour inspectors and controllers for the prevention and monitoring of discrimination and to specify the number and nature of any instances of discrimination detected by or reported to labour inspectors, the remedies provided and the penalties imposed. Please provide copies of any judicial decisions regarding discrimination in employment and occupation.

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

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:

Repetition

Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination in employment and occupation. Legislation. The Committee notes the adoption of Act No. 028-2008/AN of 3 May 2008 issuing the Labour Code. It notes that, like the former Labour Code of 2004, section 4 of the new Code prohibits any discrimination in employment or occupation and contains a definition of direct discrimination and indirect discrimination on the basis of the seven criteria listed in Article 1(1)(a) of the Convention. Moreover, the Committee notes that disability and pregnancy have been added to the list of prohibited grounds of discrimination (section 4(1) of the Labour Code), within the meaning of Article 1(1)(b) of the Convention. The Committee requests the Government to supply information on the application of section 4 of the Labour Code, including any administrative or judicial decision concerning discrimination in employment or occupation.

Scope of protection. Exclusions. The Committee notes that section 3 of the Labour Code of 2008 excludes civil servants from the scope of the Labour Code. As regards protection against discrimination for these workers, the Committee notes that Act No. 013/98/AN of 28 April 1998 governing their status, as amended by Act No. 019/2005/AN, does not contain any provisions defining or explicitly prohibiting discrimination on the grounds listed in Article 1(1)(a) of the Convention. The Committee also notes that section 3 of the Code excludes “any worker governed by a specific law” from its scope. Recalling that the protection against discrimination provided for by the Convention extends to all workers in both the private and public sectors, the Committee requests the Government to take the necessary steps to ensure that any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin regarding access to vocational training or employment and also regarding terms and conditions of employment for civil servants is explicitly prohibited. The Committee also requests the Government to specify the category or categories of workers “governed by a specific law” who are not subject to the provisions of the Labour Code pursuant to section 3 thereof and to indicate the manner in which their protection against discrimination in employment and occupation is ensured.

Sexual harassment. In its previous comments, the Committee noted that section 47 of the former Labour Code of 2004 appeared to cover only quid pro quo sexual harassment and it expressed the hope that the new Labour Code would contain provisions defining and prohibiting not only quid pro quo sexual harassment but also hostile environment sexual harassment. The Committee notes that the Government has not taken the opportunity provided by the adoption of the new Code in 2008 to introduce the concept of hostile environment sexual harassment, since section 37 of the new Labour Code covers only quid pro quo sexual harassment. With reference to its general observation of 2002 on sexual harassment, the Committee recalls that hostile environment sexual harassment may be defined as “conduct that creates an intimidating, hostile or humiliating working environment for the recipient”. The Committee requests the Government to take the necessary steps to amend section 37 of the Labour Code in order to ensure that workers are also protected against hostile environment sexual harassment and to supply information on the measures taken in this regard. The Committee also requests the Government to supply information on any specific measures taken to prevent and eliminate sexual harassment, in all its forms, and also information on any cases of sexual harassment dealt with by the competent authorities.

Equality of opportunity and treatment between men and women. The Committee notes the information concerning the mid-term evaluation, undertaken at the end of December 2008, of the Action Plan for the Advancement of Women 2006–10, in the context of the implementation of the National Policy for the Advancement of Women. While noting that the Government provides detailed information in its report on the activities to be undertaken in order to achieve the six strategic objectives of the National Policy, the Committee observes that the report does not contain any information on the specific measures adopted and implemented for effectively promoting equality of opportunity and treatment between men and women, or on their impact on the situation of men and women in employment. However, the United Nations Committee observes that, according to the report submitted in 2009 by Burkina Faso to the Committee on the Elimination of Discrimination against Women, women are poorly represented in the private sector; in 2005, in all sectors combined, women accounted for 17 per cent and men for 83 per cent of persons regularly declared to the National Social Security Fund (CEDAW/C/BFA/6, 1 October 2009, paragraph 116). The Committee also notes the Government’s indication in the abovementioned report that private sector employers prefer to recruit men and justify that choice by citing their greater availability and their more specialized skills. Furthermore, the statistical data communicated in this report for 2005 show that substantial disparities in favour of men remain in the public service in terms of the number of civil servants and the posts occupied; women represented only 25.4 per cent of civil servants and only 19.7 per cent of senior management (category A). Women are more numerous in middle management because it is at this level that occupations traditionally performed by them are found. In view of the substantial gender disparities in employment and occupation, the Committee requests the Government to supply information on specific measures taken, especially in the context of the Action Plan for the Advancement of Women 2006–10, to increase women’s access to paid employment in the private sector and public service, including to managerial posts, and access to self-employment, especially in rural areas, and to reduce occupational segregation, including through education and vocational training. The Committee also requests the Government to indicate any action taken to combat stereotypes and gender bias regarding the respective roles of men and women in society, including measures aimed at enabling men and women to reconcile work and family responsibilities. The Committee requests the Government to supply statistical data on the situation of women and men in the various sectors of the economy and in the public service and also any available data on the distribution of men and women in the informal economy.

Formulation and implementation of a national policy on equality irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee notes that the Government’s report does not contain any information in this respect. It recalls that a national policy in conformity with Articles 2 and 3 of the Convention should include, apart from legislative provisions, specific and practical measures to remedy existing inequalities on the basis of all the types of discrimination prohibited by the Convention, for example awareness raising regarding discrimination and equality and proactive measures. The Committee requests the Government to supply information on the specific measures taken to promote equality of opportunity and treatment in respect of employment and occupation, irrespective of race, colour, religion, political opinion, national extraction or social origin.

Special protective measures for women. The Committee notes that section 142 of the Labour Code of 2008 provides that no woman worker may be assigned to work that may harm her reproductive capacity or, in the case of a pregnant woman, harm her health or that of the child. It also notes the adoption on 27 January 2010 of a Decree determining the types of work that are prohibited for pregnant women pursuant to the abovementioned section of the Labour Code. The Committee requests the Government to supply information on the application in practice of section 142 of the Labour Code concerning prohibited work for women, to state whether other implementing decrees have been adopted and to supply a copy of the Decree of 27 January 2010 determining the types of work that are prohibited for pregnant women.

Enforcement. Labour inspection. The Committee requests the Government to supply information on the work of the labour inspectorate with regard to discrimination in employment and occupation, stating the number and nature of cases of discrimination detected during workplace inspections, the penalties imposed and the administrative or legal action taken further to these infringements.

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

Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination in employment and occupation. Legislation. The Committee notes the adoption of Act No. 028-2008/AN of 3 May 2008 issuing the Labour Code. It notes that, like the former Labour Code of 2004, section 4 of the new Code prohibits any discrimination in employment or occupation and contains a definition of direct discrimination and indirect discrimination on the basis of the seven criteria listed in Article 1(1)(a) of the Convention. Moreover, the Committee notes with interest that disability and pregnancy have been added to the list of prohibited grounds of discrimination (section 4(1) of the Labour Code), within the meaning of Article 1(1)(b) of the Convention. The Committee requests the Government to supply information on the application of section 4 of the Labour Code, including any administrative or judicial decision concerning discrimination in employment or occupation.

Scope of protection. Exclusions. The Committee notes that section 3 of the Labour Code of 2008 excludes civil servants from the scope of the Labour Code. As regards protection against discrimination for these workers, the Committee notes that Act No. 013/98/AN of 28 April 1998 governing their status, as amended by Act No. 019/2005/AN, does not contain any provisions defining or explicitly prohibiting discrimination on the grounds listed in Article 1(1)(a) of the Convention. The Committee also notes that section 3 of the Code excludes “any worker governed by a specific law” from its scope. Recalling that the protection against discrimination provided for by the Convention extends to all workers in both the private and public sectors, the Committee requests the Government to take the necessary steps to ensure that any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin regarding access to vocational training or employment and also regarding terms and conditions of employment for civil servants is explicitly prohibited. The Committee also requests the Government to specify the category or categories of workers “governed by a specific law” who are not subject to the provisions of the Labour Code pursuant to section 3 thereof and to indicate the manner in which their protection against discrimination in employment and occupation is ensured.

Sexual harassment. In its previous comments, the Committee noted that section 47 of the former Labour Code of 2004 appeared to cover only quid pro quo sexual harassment and it expressed the hope that the new Labour Code would contain provisions defining and prohibiting not only quid pro quo sexual harassment but also hostile environment sexual harassment. The Committee notes that the Government has not taken the opportunity provided by the adoption of the new Code in 2008 to introduce the concept of hostile environment sexual harassment, since section 37 of the new Labour Code covers only quid pro quo sexual harassment. With reference to its general observation of 2002 on sexual harassment, the Committee recalls that hostile environment sexual harassment may be defined as “conduct that creates an intimidating, hostile or humiliating working environment for the recipient”. The Committee requests the Government to take the necessary steps to amend section 37 of the Labour Code in order to ensure that workers are also protected against hostile environment sexual harassment and to supply information on the measures taken in this regard. The Committee also requests the Government to supply information on any specific measures taken to prevent and eliminate sexual harassment, in all its forms, and also information on any cases of sexual harassment dealt with by the competent authorities.

Equality of opportunity and treatment between men and women. The Committee notes the information concerning the mid-term evaluation, undertaken at the end of December 2008, of the Action Plan for the Advancement of Women 2006–10, in the context of the implementation of the National Policy for the Advancement of Women. While noting that the Government provides detailed information in its report on the activities to be undertaken in order to achieve the six strategic objectives of the National Policy, the Committee observes that the report does not contain any information on the specific measures adopted and implemented for effectively promoting equality of opportunity and treatment between men and women, or on their impact on the situation of men and women in employment. However, the United Nations Committee observes that, according to the report submitted in 2009 by Burkina Faso to the Committee on the Elimination of Discrimination against Women, women are poorly represented in the private sector; in 2005, in all sectors combined, women accounted for 17 per cent and men for 83 per cent of persons regularly declared to the National Social Security Fund (CEDAW/C/BFA/6, 1 October 2009, paragraph 116). The Committee also notes the Government’s indication in the abovementioned report that private sector employers prefer to recruit men and justify that choice by citing their greater availability and their more specialized skills. Furthermore, the statistical data communicated in this report for 2005 show that substantial disparities in favour of men remain in the public service in terms of the number of civil servants and the posts occupied; women represented only 25.4 per cent of civil servants and only 19.7 per cent of senior management (category A). Women are more numerous in middle management because it is at this level that occupations traditionally performed by them are found. In view of the substantial gender disparities in employment and occupation, the Committee requests the Government to supply information on specific measures taken, especially in the context of the Action Plan for the Advancement of Women 2006–10, to increase women’s access to paid employment in the private sector and public service, including to managerial posts, and access to self-employment, especially in rural areas, and to reduce occupational segregation, including through education and vocational training. The Committee also requests the Government to indicate any action taken to combat stereotypes and gender bias regarding the respective roles of men and women in society, including measures aimed at enabling men and women to reconcile work and family responsibilities. The Committee requests the Government to supply statistical data on the situation of women and men in the various sectors of the economy and in the public service and also any available data on the distribution of men and women in the informal economy.

Formulation and implementation of a national policy on equality irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee notes that the Government’s report does not contain any information in this respect. It recalls that a national policy in conformity with Articles 2 and 3 of the Convention should include, apart from legislative provisions, specific and practical measures to remedy existing inequalities on the basis of all the types of discrimination prohibited by the Convention, for example awareness raising regarding discrimination and equality and proactive measures. The Committee requests the Government to supply information on the specific measures taken to promote equality of opportunity and treatment in respect of employment and occupation, irrespective of race, colour, religion, political opinion, national extraction or social origin.

Special protective measures for women. The Committee notes that section 142 of the Labour Code of 2008 provides that no woman worker may be assigned to work that may harm her reproductive capacity or, in the case of a pregnant woman, harm her health or that of the child. It also notes the adoption on 27 January 2010 of a Decree determining the types of work that are prohibited for pregnant women pursuant to the abovementioned section of the Labour Code. The Committee requests the Government to supply information on the application in practice of section 142 of the Labour Code concerning prohibited work for women, to state whether other implementing decrees have been adopted and to supply a copy of the Decree of 27 January 2010 determining the types of work that are prohibited for pregnant women.

Enforcement. Labour inspection. The Committee requests the Government to supply information on the work of the labour inspectorate with regard to discrimination in employment and occupation, stating the number and nature of cases of discrimination detected during workplace inspections, the penalties imposed and the administrative or legal action taken further to these infringements.

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

The Committee notes that the Government’s report has not been received. Noting that a new Labour Code was enacted in 2008, the Committee 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 following matters raised in its previous direct request:

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes that the Government’s brief report does not reply to the issues raised in the Committee’s previous direct request, which address the following points:

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee noted that section 47 of the new Labour Code (Act No. 33-2004/AN of 14 September 2004) continued to cover only quid pro quo harassment. The Committee reminds the Government that in accordance with its general observation of 2002, sexual harassment also includes conduct of a sexual nature that creates an intimidating, hostile or humiliating working environment for the recipient, whether or not for the purpose of obtaining a sexual favour. The Committee, therefore, asks the Government to indicate the measures taken or envisaged to prohibit and prevent hostile working environment harassment in practice. Please also provide information on the practical application of section 47, including the number and outcome of any cases brought before the court.

2. Discrimination on the grounds of colour, national extraction and race. Referring once again to its earlier direct requests concerning the amendment of the Penal Code, which makes racial discrimination a criminal offence, the Committee asks the Government to provide the Office with a copy of the amendment of the Penal Code, together with information on the practical effect given to the amendment and on court decisions.

3. Article 2. Promotion of the principle of the Convention. The Committee notes the Government’s statement that in Burkina Faso, the forms of discrimination identified by the Convention do not exist. The Committee reminds the Government that the achievement of favourable conditions for equality of opportunity and treatment in employment and occupation is a continuing endeavour and it is the responsibility of each government to continue supplying, in its successive reports, information on developments regarding its policy. The Committee previously noted the adoption of a national policy for the promotion of women by Decree No. 2004-486/PRES/PM/MPF of 10 November 2004. It also noted the various strategies previously mentioned by the Government that have been adopted or are envisaged to promote employment and vocational training. It noted in particular the adoption of the “Strategic Framework for the Promotion of Employment and Vocational Training in Burkina Faso”, the project for an Employment and Vocational Training Observatory and the Bill to set guidelines for the promotion of employment and vocational training. The Government is asked to provide a copy of its national policy for the promotion of women as well as information on the measures taken under this policy to advance the principle of the Convention, and the results achieved. The Committee also asks the Government to indicate to what extent and by what means the abovementioned strategies help to promote equal opportunity and treatment in employment and training with a view to eliminating all discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin. Please also provide the full text of the “Strategic Framework”.

4. Equal opportunity and treatment of women. The Committee notes the continued concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW/C/BFA/CO/4-5, July 2005, paragraph 21) that the Government has not sufficiently addressed the enforcement of labour laws to eliminate discrimination in employment. In this context, the Committee asks the Government to provide details of the practical effect given to the Act of 28 April 1998 to ensure equal access to employment without distinction in the public sector. It further asks the Government to provide full information on the measures taken to improve standards of education for women, the results of the measures for women’s participation in vocational training and university and their promotion to management posts, and to report on the progress of the draft legislation to promote women’s development in rural areas. Noting the creation in 2002 of the Ministry for the Advancement of Women, the Committee asks the Government to provide information on the activities undertaken by this new Ministry in the promotion of the principle of the Convention.

5. Article 5. Special measures of protection for women. The Committee welcomed the fact that section 107 of the 1992 Labour Code, which provided that women may not be kept in jobs considered to be beyond their strength and must be assigned to suitable employment, was not maintained in the new Labour Code. However, the Committee noted that, pursuant to section 140 of the new Code, certain types of work can be prohibited for women by regulation and upon the advice of the Labour Advisory Council. The Government is again asked to provide a copy of the pertinent regulations as well as a list of the jobs prohibited for women and the reasons for such prohibition.

6. Part V of the report form. Statistics. The Committee reminds the Government of the importance of including statistical data along with its report to allow the Committee to make an informed evaluation of the progress achieved and to assist the Government in promoting the principle of the Convention. It hopes that in its next report, the Government will provide recent statistics disaggregated by sex, race and ethnic origin, on the distribution of Burkinabes in the various sectors of the economy and the different occupations.

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

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 47 of the new Labour Code (Act No. 33-2004/AN of 14 September 2004) continues to cover only quid pro quo harassment. With reference to its general observation of 2002, the Committee requests the Government to indicate the measures taken or envisaged to prohibit and prevent hostile working environment harassment in practice. Please also provide information on the practical application of section 47, including regarding the number and outcomes of any cases brought before the court.

2. Article 2. Promotion of the principle of the Convention. The Committee notes with interest the adoption of a national policy for the promotion of women by Decree No. 2004-486/PRES/PM/MPF of 10 November 2004. The Government is asked to provide a copy of this policy as well as information on the measures taken under this policy to promote the principle of equality of opportunity and treatment with respect to employment and occupation, and the results achieved.

3. Article 5. Measures of protection for women. With reference to its previous comment, the Committee welcomes that section 107 of the 1992 Labour Code, which provided that women may not be kept in jobs which are acknowledged to be beyond their strength and must be assigned to suitable employment, has not been maintained in the new Labour Code. However, the Committee notes that, pursuant to section 140 of the new Code, certain types of work can be prohibited for women by regulation and upon the advice of the Labour Advisory Council. The Government is asked to provide a copy of the pertinent regulations as well as a list of the jobs prohibited and the reasons for such prohibition.

4. The Committee further 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, in relevant parts, as follows:

[…]

2. Discrimination on grounds of colour, national extraction and race. The Committee notes that section 1 of the draft Labour Code reproduces almost word for word the provisions of Article 1 of the Convention, and includes "colour" and "national extraction" among the prohibited grounds of discrimination. The Committee reiterates its hope that the final text of the Labour Code will at last be adopted. Referring once again to its earlier direct requests concerning amendment of the Penal Code, which makes racial discrimination a criminal offence, the Committee requests the Government to provide the Office with a copy of the amendment of the Penal Code, together with information on the practical effect given to the amendment and on court decisions.

3. Article 2. Promotion of the national policy. The Committee notes the various strategies mentioned in the Government’s report that have been adopted or are envisaged to promote employment and vocational training. It notes in particular the adoption of the "Strategic Framework for the Promotion of Employment and Vocational Training in Burkina Faso", the project for an Employment and Vocational Training Observatory and the Bill to set guidelines for the promotion of employment on vocational training. The Committee would be grateful if the Government would indicate to what extent and by what means the abovementioned strategies help to promote equality of opportunity and treatment in employment and training with a view to eliminating all discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, and to provide the full text of the abovementioned "Strategic Framework".

4. Equal treatment for men and women. The Committee requests the Government to provide details of the practical effect given to the Act of 28 April 1998 to ensure equal access to employment without distinction in the public sector. Recalling its previous direct request, the Committee also asks the Government to provide full information on the measures taken to improve standards of education for women, the results of the measures for women’s participation in vocational training and university and their promotion to management posts, and to report on the progress of the draft legislation to promote women’s development in rural areas. The Committee notes the creation in 2002 of the Ministry for the Advancement of Women and requests the Government to provide information on the activities undertaken by the above Ministry to promote the principles of the Convention.

[…]

6. Part V of the report form. Statistics. The Committee notes that the Government has provided no statistics in its report and would point out the importance of such statistics to an evaluation of progress and to more effective promotion of the principles contained in the Convention. It hopes that in its next report, the Government will provide recent statistics, disaggregated by sex, race and ethnic origin, on the distribution of Burkinabes in the various sectors of the economy and the different occupations.

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

The Committee notes with satisfaction that section 3 of the new Labour Code (Act No. 33-2004/AN of 14 September 2004) reproduces almost word for word the provisions of Article 1 of the Convention. It notes in particular that “colour” and “national extraction”, which were excluded under the 1992 Labour Code, are now covered by section 3 of the new Code.

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

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

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee refers to its general observation of 2002 on the Convention, and notes that the definition of sexual harassment in section 34 of the draft Labour Code, only covers quid pro quo harassment. The Committee requests the Government to indicate the measures taken or envisaged to include the notion of "hostile environment" harassment in the definition. The Committee hopes that the draft Labour Code will shortly be adopted and that the Government will provide information on the application of this provision in practice.

2. Discrimination on grounds of colour, national extraction and race. The Committee notes that section 1 of the draft Labour Code reproduces almost word for word the provisions of Article 1 of the Convention, and includes "colour" and "national extraction" among the prohibited grounds of discrimination. The Committee reiterates its hope that the final text of the Labour Code will at last be adopted. Referring once again to its earlier direct requests concerning amendment of the Penal Code, which makes racial discrimination a criminal offence, the Committee requests the Government to provide the Office with a copy of the amendment of the Penal Code, together with information on the practical effect given to the amendment and on court decisions.

3. Article 2. Promotion of the national policy. The Committee notes the various strategies mentioned in the Government’s report that have been adopted or are envisaged to promote employment and vocational training. It notes in particular the adoption of the "Strategic Framework for the Promotion of Employment and Vocational Training in Burkina Faso", the project for an Employment and Vocational Training Observatory and the Bill to set guidelines for the promotion of employment on vocational training. The Committee would be grateful if the Government would indicate to what extent and by what means the abovementioned strategies help to promote equality of opportunity and treatment in employment and training with a view to eliminating all discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, and to provide the full text of the abovementioned "Strategic Framework".

4. Equal treatment for men and women. The Committee requests the Government to provide details of the practical effect given to the Act of 28 April 1998 to ensure equal access to employment without distinction in the public sector. Recalling its previous direct request, the Committee also asks the Government to provide full information on the measures taken to improve standards of education for women, the results of the measures for women’s participation in vocational training and university and their promotion to management posts, and to report on the progress of the draft legislation to promote women’s development in rural areas. The Committee notes the creation in 2002 of the Ministry for the Advancement of Women and requests the Government to provide information on the activities undertaken by the above Ministry to promote the principles of the Convention.

5. Article 5, paragraph 1. Measures of protection for women. The Committee notes that section 107 of the draft Labour Code provides that women may not be kept in jobs which are acknowledged to be beyond their strength, and must be assigned to suitable employment. If this is not possible, the contract must be terminated and severance entitlements paid to the woman. The Committee recalls that following the resolution of 1985 on equality of opportunity and treatment between men and women workers, specific measures of protection for women that are based on stereotype thinking about their ability and their role in society have been called into question and may lead unnecessarily to breach of the principle of equality of opportunity and treatment. The Committee would be grateful if the Government would provide information on the application of section 107 in practice.

6. Part V of the report form. Statistics. The Committee notes that the Government has provided no statistics in its report and would point out the importance of such statistics to an evaluation of progress and to more effective promotion of the principles contained in the Convention. It hopes that in its next report, the Government will provide recent statistics, disaggregated by sex, race and ethnic origin, on the distribution of Burkinabes in the various sectors of the economy and the different occupations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the reports of the Government and draws the Government’s attention to the following points.

1. Further to its previous request concerning the amendment of the Penal Code to make racial discrimination a criminal offence, the Committee hopes that the Government will submit a copy of the amendment with its next report.

2. The Committee notes from the report that the revision of the Labour Code is still ongoing. The Committee once again highlights the importance it places on including the prohibited grounds for discrimination of colour and national extraction in the revised draft Labour Code. In this regard it notes the Government’s statement that the comments of the Committee are being taken into consideration in this process. The Committee looks forward to receiving information on the adoption of any amendments to the Code.

3. The Government’s attention is drawn to the fact that the Committee considers it of importance that the national policy to promote equality of opportunity and treatment in employment and occupation is followed through by the Government with the adoption and implementation of the necessary policies and measures. Noting that the Government had previously referred to a framework policy document on employment and educational training and national action plans for employment, the Committee would like to reiterate its request for copies of these documents, as they relate to the Convention.

4. With regard to education and training of women and girls and the participation of women in government employment and the private sector, the Committee notes from the Government’s report under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/BFA/2 3 of 25 February 1998) that women still have few opportunities to be recruited in the private sector, in which the percentage of women is currently 18 per cent. A similar percentage of public sector employees are women, working predominantly as secretaries, teachers and nurses. The Government is once again requested to supply full information on the measures taken with regard to improving women’s educational attainment and changing socio-cultural traditions that hinder equal treatment and opportunities of women in employment and occupation. As previously stated, the Committee would particularly appreciate receiving information on the impact of such measures on women’s participation in vocational and university training, as well as concerning their promotion in managerial and supervisory positions, both in the private and public sector. The Committee also requests information on progress made in regard to the elaboration of the Act on vocational guidance and vocational training. Noting that legislation had been enacted in 1998 to ensure equal access to employment without distinction in the public sector, the Committee asks the Government to submit a copy of that legislation and to provide indications as to its practical application and impact on the representation of women in the public sector.

5. The Committee notes from the Government’s CEDAW report that 90.1 per cent of the female working population was engaged in agriculture, stock raising and fishing, and 6.7 per cent in business and sales (as of 1995). Noting the stated commitment of the Government to elaborate adequate legislation to promote the development of rural women, the Committee would appreciate receiving information on the status of the legislative project and on other measures taken to promote the economic development of women, including thorough training and support for income generating activities such as small businesses.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

1. The Committee notes the information contained in the Government's report, as well as that contained in the conclusions of the United Nations Committee on the Elimination of Racial Discrimination (CERD) and in the Government's report on the International Convention on the Elimination of Racial Discrimination concerning the amendment to the Criminal Code which makes racial discrimination a criminal offence (UN documents CERD/C/304/Add.41 of 18 September 1997 and CERD/C/279/Add.2 of 13 March 1997). The Committee asks the Government to transmit a copy of the amendment to the Criminal Code.

2. Regarding the insertion in the revised draft Labour Code of the grounds of colour and national extraction -- grounds for discrimination prohibited by the Constitution and the Convention but not by the current Labour Code -- the Committee notes the Government's statement in its report that the revision is still under way and that any amendment to include these two grounds will be brought to the Committee's attention. As already noted in its previous direct request, the Committee looks forward to receiving in future reports information on the adoption of the revised Code, as well as a copy of the final text.

3. In its previous direct request, the Committee had noted the reasons given for the small percentage of women occupied in the public and private sectors and the measures under way to remedy this situation through increasing the level of school attendance and education for girls. The Committee had asked the Government to supply full information on the results of the measures particularly regarding female participation in vocational and university training, and on the participation of women in public and private sector employment, especially in posts reserved for men and in supervisory and managerial positions. From the Government's report to CERD, the Committee notes that the percentage of women in the public service has increased from 22 per cent in 1993 to 34 per cent in 1994 and that they are highly represented in the education sector (57 per cent), but highly underrepresented in the finance sector (3.2 per cent). From the Government's report on the Convention, the Committee notes that a draft Act on vocational guidance and vocational training is being drawn up on the basis of the framework policy document on employment and vocational training and that national plans of action for employment are being adopted, and that these will be communicated to the Committee. The Committee hopes that these various documents will take account of all aspects of the national policy to promote equality of opportunity and treatment in employment and occupation including general measures (like enforcement procedures through the courts, affirmative action) to give concrete implementation to this policy. It looks forward to receiving the copies of the documents as they relate to the Convention, as well as information, accompanied by statistics, on the results already obtained in the implementation of the action plans.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information contained in the Government's report, as well as that contained in the conclusions of the United Nations Committee on the Elimination of Racial Discrimination (CERD) and in the Government's report on the International Convention on the Elimination of Racial Discrimination concerning the amendment to the Criminal Code which makes racial discrimination a criminal offence (UN documents CERD/C/304/Add.41 of 18 September 1997 and CERD/C/279/Add.2 of 13 March 1997). The Committee asks the Government to transmit a copy of the amendment to the Criminal Code.

2. Regarding the insertion in the revised draft Labour Code of the grounds of colour and national extraction -- grounds for discrimination prohibited by the Constitution and the Convention but not by the current Labour Code -- the Committee notes the Government's statement in its report that the revision is still under way and that any amendment to include these two grounds will be brought to the Committee's attention. As already noted in its previous direct request, the Committee looks forward to receiving in future reports information on the adoption of the revised Code, as well as a copy of the final text.

3. In its previous direct request, the Committee had noted the reasons given for the small percentage of women occupied in the public and private sectors and the measures under way to remedy this situation through increasing the level of school attendance and education for girls. The Committee had asked the Government to supply full information on the results of the measures particularly regarding female participation in vocational and university training, and on the participation of women in public and private sector employment, especially in posts reserved for men and in supervisory and managerial positions. From the Government's report to CERD, the Committee notes that the percentage of women in the public service has increased from 22 per cent in 1993 to 34 per cent in 1994 and that they are highly represented in the education sector (57 per cent), but highly underrepresented in the finance sector (3.2 per cent). From the Government's report on the Convention, the Committee notes that a draft Act on vocational guidance and vocational training is being drawn up on the basis of the framework policy document on employment and vocational training and that national plans of action for employment are being adopted, and that these will be communicated to the Committee. The Committee hopes that these various documents will take account of all aspects of the national policy to promote equality of opportunity and treatment in employment and occupation including general measures (like enforcement procedures through the courts, affirmative action) to give concrete implementation to this policy. It looks forward to receiving the copies of the documents as they relate to the Convention, as well as information, accompanied by statistics, on the results already obtained in the implementation of the action plans.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report in reply to its previous comments.

1. The Committee notes from the report that its previous observations concerning the inclusion in the Labour Code during revision of colour and national extraction - grounds for discrimination prohibited by the Constitution and the Convention but not by the current Labour Code - will be taken into account during the rereading of the Labour Code which was scheduled for September 1995. The Committee notes that any modification on this matter will be brought to the attention of the Committee in future reports and hopes to receive a copy of any amendments to the Code as soon as they are adopted.

2. The Committee notes from the report that the small percentage of women occupied in the public and private sectors is essentially due to the low rate of school attendance and low level of education of women as compared with men. The Government indicates, however, that, despite the absence of statistics to illustrate it, participation of women in employment has increased and that they even have increasing access to occupations formerly considered to be the prerogative of men. It considers that the situation of women's employment will continue to improve as a result of the information and awareness activities aimed at encouraging women to embrace all occupations and to the efforts made by the Government to increase the levels of school attendance and education for girls. The Committee requests the Government to supply full information on the results of these efforts, accompanied by statistics reflecting the evolution of the situation in regard to participation of girls in education and training - particularly, vocational and university training - and the participation of women in public and private employment, especially in the posts traditionally reserved for men and in supervisory and managerial posts.

3. The Committee notes that an outline document on employment and vocational training policy is being finalized by the Government and will be communicated to the ILO with future reports. It notes that this document will take into account all aspects of the question of implementing the national policy aimed at promoting equality of opportunity and treatment in respect of employment and occupation which is enshrined in the Constitution and the Labour Code. The Committee hopes that this document will set forth the general methods (legal procedures, practical forms of action, etc.) by which this policy will be implemented in practical terms in the spheres of access to vocational training, employment and particular occupations, and conditions of employment. It requests the Government to send it, as indicated in the report, extracts from the above-mentioned document relating to measures designed to implement the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information supplied by the Government in its report in reply to its previous comments, in particular the adoption of the new Labour Code (Act No. 11/92 of 22 December 1992). It notes that section 1(3) of the new Code prohibits all discrimination in employment on the grounds set out in Article 1, 1(a) of the Convention, except for colour and national extraction which had been covered in the preliminary draft Code sent to the ILO. Since colour is one of the grounds of discrimination prohibited by articles 1(3) and 19 of the new Constitution of 11 June 1991, the Committee asks the Government to indicate the steps taken or envisaged to ensure that national extraction and colour are included in the text of the new Code during the current revision. In this connection, the Government is asked to refer to paragraph 58 of the Committee's 1988 General Survey on Equality in Employment and Occupation, which stresses that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention.

2. In answer to the Committee's previous comments concerning the lack of sanctions for breaches of sections 1(3) and 20(7) of the new Code, the Committee notes the Government's indication that such sanctions were not deemed necessary, since in practice there are no breaches of the principle of non-discrimination. As there is no indication that such breaches might not be committed in the future, the Committee asks the Government to provide information in its next report on the measures taken to ensure that in the current revision of the Code, the sanctions provided for in section 238(a) also cover sections 1(3) and 20(7) mentioned above.

3. The Committee notes from the statistics supplied with the report concerning the disaggregation by sex of employees of the public service and semi-public and private enterprises during the period 1986-92, that the overall percentage of women employed in the public and private sectors is very low compared with that of men (just over 12 per cent) and that there was no change in the situation over the period in question because of the very slight increase in the number of women joining the labour market (an increase of approximately 0.3 per cent in seven years). The Committee therefore asks the Government to indicate in its next report the obstacles in the way of higher female participation in employment and the specific measures taken or envisaged, as part of the national policy to promote equal opportunity and treatment for men and women in employment, to facilitate women's access to employment in the public and private sectors. Please provide information on the results obtained, including statistics of the percentage of women employed at different levels and the number of women holding high-level posts.

4. With regard to education and vocational training, the Committee notes that the Government has not been able to provide the statistical data it requested to enable it to ascertain developments in the distribution by sex of pupils and students attending general educational institutions, and technical and vocational institutions. It again expresses the hope that the Government will include with its next report statistics of the percentage of female students in vocational training schools and centres and will indicate the measures taken or envisaged to increase the enrolment of girls in such establishments or in other education or training programmes, so as to promote and diversify opportunities for women in employment and occupation. Please refer in this connection to paragraphs 15, 158 and 170 of the 1988 General Survey on Equality in Employment and Occupation, in which the Committee stresses the affirmative measures that must be taken in implementing the national policy provided for in Articles 2 and 3 of the Convention, and the need to give particulars of the actions undertaken and the results obtained.

5. With regard to the public service and its specialized bodies, the Committee notes that eight specific regulations have been adopted under section 17 of the General Public Service Regulations, and that 15 others are about to be adopted. Referring to the Government's previous indications about possible derogations from the principle of the Convention, it hopes that the Government will ensure that the Regulations contain no provisions that discriminate against women in respect of access to employment, training, promotion and employment conditions in certain specialized bodies of the public service, including the police and water and forestry departments. It asks the Government to provide a copy of the regulations that have already been adopted, as indicated in its last report.

6. Please provide the information requested under points III, IV and V of the report form on the practical application of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous observation, the Committee notes with satisfaction that the new Labour Code (Act No. 11/92 of 22 December 1992), in section 1(3), lists religion among the grounds of prohibited discrimination.

The Committee is addressing a request directly to the Government on other matters, in particular concerning the Labour Code.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee takes note of the information provided by the Government and of the texts of the new Constitution adopted on 11 June 1991 and of the preliminary draft Labour Code which were annexed.

1. The Committee notes that sections 237 and 238 of the preliminary draft Code do not provide for sanctions against persons violating section 1 (3)'s prohibition of discrimination. It asks the Government to indicate the measures taken or envisaged to punish infringements of the principle of non-discrimination.

2. As regards recruitment in the public service and its specialized bodies, the Committee notes that the Government undertakes to take the necessary measures to bring all the provisions of the General Regulations on the Public Service into conformity with the Convention but that, for specific reasons linked to the exercise of certain occupations, some particular Regulations permit exceptional derogations (police, officers in the water and forestry service where physical aptitude is required). The Committee asks the Government to communicate a copy of the special Regulations adopted under section 17 of the General Regulations on the Public Service (Zatu of 26 October 1988).

3. As regards vocational training and guidance for women, the Committee notes the efforts made by the Government to encourage women's access to technical training and to trades and occupations previously reserved for men (for example, higher public service, electricity, electronics, medicine). It asks the Government to supply details permitting an appreciation to be made of the practical application of the principle of the Convention, in particular statistics, disaggregated by sex, on the number of public servants and of private undertakings employing a large number of women and indicating the percentage of women as against men at the different levels of responsibility. Noting that the Government is doing its utmost to encourage girls to undertake technical training by facilitating the creation of technical institutions, it would also like to receive statistical information on the pupils and students, disaggregated by sex, attending general educational institutions and technical and vocational institutions, whether private or public or at secondary or higher level, as well as on the specific measures taken or contemplated to facilitate the training and employment of women especially in trades traditionally reserved for men, and on the results obtained. It asks the Government to refer in this respect to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation, where it indicates that improvement in the means available for compiling information on direct and indirect discrimination based for example on race, colour or sex is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes with interest that the new Constitution of 11 June 1991, in article 1(3) bans all forms of discrimination, in particular on the grounds of race, ethnic origin, region, colour, sex, language, religion, caste, political opinion, wealth and birth in accordance with Article 1, paragraph 1(a), of the Convention. It notes, however, that article 19 of the Constitution prohibits discrimination in employment and remuneration on grounds of, specifically, sex, colour, social or ethnic origin or political opinions, without mentioning religion. Nevertheless, in view of the fact that this ground is included, along with the others listed in the Convention, in section 1(3) of the preliminary draft Labour Code, which bans all discrimination in respect of employment and occupation, the Committee hopes that this preliminary draft will be adopted in the near future. It also hopes that the next report will indicate the progress achieved in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report for the period ending 15 October 1990.

1. With reference to its previous comments concerning the revision of the Labour Code, which would include provisions designed to eliminate all discrimination in employment and occupation, the Committee requests the Government to indicate in its next report the current stage of the procedure and to transmit a copy of the draft revised Code.

2. The Committee refers to its observation relating to Zatu No. AN VI-0008/FP/TRAV issuing the general conditions of employment of the public service. With regard to recruitment, the Committee requests the Government to supply information on the specific conditions that have been adopted for certain jobs in accordance with section 17 of the above text.

3. With regard to vocational training and guidance, the Committee notes the information contained in the Government's report on the measures and initiatives that have been taken to promote and improve the vocational training of women (in particular, the creation of women's vocational training centres and the "Bantaré" women's craftwork and literacy centre). The Committee also notes that, according to the Government, the political, economic and social measures taken for women are intended to promote their awareness, independence and self-development with the stated aim of making it possible for women to progressively free themselves and participate on an equal footing with men in the social and economic life of the country.

The Committee requests the Government to indicate the impact of the above measures and to supply more detailed information on the action that has been taken to formulate a national policy designed to promote equality of opportunity and treatment in order to eliminate all discrimination, as is provided for in Article 2 of the Convention. Furthermore, the Committee emphasises that, in accordance with the Convention, the vocational training of women has to be encouraged and improved at all levels, particularly in order to facilitate their access to technical training and to occupations other than those traditionally occupied by women.

The Committee once again requests the Government to supply with its next report copies of texts that impose sanctions in cases of discrimination based on sex, as well as inspection reports and judicial rulings made in this field.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes with satisfaction Zatu No. AN VI-0008/FP/TRAV of 26 October 1988, issuing the general conditions of employment of the public service, which repeals Zatu No. AN IV-0011bis/CNR/TRAV of 25 October 1986, sections 5, 51 and 61 of which referred to criteria of political engagement which were incompatible with the provisions of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

1. The Committee had noted previously that the revision of the Labour Code and the public service statutes was in process and that the new texts would include provisions designed to eliminate all discrimination in employment and occupation. The Committee notes that the Government has transmitted advance drafts of the revised Labour Code to employers' and workers' organisations. It also notes the Government's indications concerning the reform of the public service statutes being undertaken at present. In this respect, the Committee notes, from the information available, the adoption of Zatu No. AN VI-0008/FP/TRAV of 26 October 1988 concerning the public service statutes, which revises Zatu No. AN IV-0011 bis/CNR/TRAV of 25 October 1986, of which sections 5, 15 and 61 referred to political criteria incompatible with the provisions of the Convention.

The Committee asks the Government to communicate the text of Zatu No. AN VI-0008/FP/TRAV of 26 October 1988, and to provide information on the progress of the revision of the Labour Code.

2. The Committee notes from the Government's report that vocational training and vocational guidance are open to everyone, without distinction of sex. The Committee asks the Government to indicate if measures have been taken or envisaged to encourage and improve vocational training for women, particularly with a view to promoting their access to technical training including non-traditional occupations.

3. The Committee notes with interest the information supplied by the Government in its report, to the effect that the National Office for the Promotion of Employment rejects job offers which discriminate on the basis of sex; it notes also that the employment services bring an action against any employer which dismisses a worker for such cause, and that an employer who dismisses a woman because of pregnancy is liable to civil and penal sanctions.

The Committee asked the Government to supply the texts which impose sanctions in cases of discrimination based on sex, as well as inspection reports and judicial rulings made in this field.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Referring also to its observation on the same Convention, the Committee notes the information supplied by the Government in its report.

1. The Committee had noted previously that the revision of the Labour Code and the public service statutes was in process and that the new texts would include provisions designed to eliminate all discrimination in employment and occupation. The Committee notes that the Government has transmitted advance drafts of the revised Labour Code to employers' and workers' organisations. It also notes the Government's indications concerning the reform of the public service statutes being undertaken at present. In this respect, the Committee notes, from the information available, the adoption of Zatu No. AN VI-0008/FP/TRAV of 26 October 1988 concerning the public service statutes, which revises Zatu No. AN IV-0011 bis/CNR/TRAV of 25 October 1986, of which sections 5, 15 and 61 referred to political criteria incompatible with the provisions of the Convention.

The Committee asks the Government to communicate the text of Zatu No. AN VI-0008/FP/TRAV of 26 October 1988, and to provide information on the progress of the revision of the Labour Code.

2. The Committee notes from the Government's report that vocational training and vocational guidance are open to everyone, without distinction of sex. The Committee asks the Government to indicate if measures have been taken or envisaged to encourage and improve vocational training for women, particularly with a view to promoting their access to technical training including non-traditional occupations.

3. The Committee notes with interest the information supplied by the Government in its report, to the effect that the National Office for the Promotion of Employment rejects job offers which discriminate on the basis of sex; it notes also that the employment services bring an action against any employer which dismisses a worker for such cause, and that an employer who dismisses a woman because of pregnancy is liable to civil and penal sanctions.

The Committee asked the Government to supply the texts which impose sanctions in cases of discrimination based on sex, as well as inspection reports and judicial rulings made in this field.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Referring to its previous comments on the subject of the conditions imposed for reinstatement in the public service of teachers who were dismissed for having participated in a strike, the Committee notes with satisfaction the information provided by the Government in its report according to which, by the Popular Front's Circular No. 5 published in Le Sidwava, No. 879 of 19 October 1987, all the teachers dismissed in 1984 for having participated in a strike have been reinstated in their former positions, sanctions against officials have been lifted, and political prisoners and internees have been released.