Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 29 August 2022 and 29 August 2023.

Article 1 of the Convention. Scope of application. Private sector and public service. The Committee notes the adoption: (i) on 24 November 2020, of Act No. 1/11 revising Legislative Decree No. 1/037 of 7 July 1993 revising the Labour Code of Burundi; and (2) on 8 February 2023, of Act No. 1/03 amending Act No. 1/28 of 23 August 2006 issuing the General Regulations governing public employees. However, it notes that, under the terms of section 2, last subsection, of the Labour Code, family agricultural, stock-raising, commercial and industrial workers are excluded from the scope of the Labour Code and that, under section 3 of the General Regulations governing public employees, the Regulations do not cover persons in public employment subject to specific legal regimes. In this regard, the Committee recalls that the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and private sectors, and in the formal and informal economy (see the General Survey of 2012 on the fundamental Conventions, paragraph 733). The Committee therefore requests the Government to indicate the manner in which the categories of workers who are excluded from the scope of application of the Labour Code and the General Regulations governing public employees are protected against discrimination in employment and occupation on all of the grounds enumerated in the Convention and, in the absence of an applicable legal text, to indicate whether it is envisaged adopting legislation to cover these specific categories of workers.

Article 1(1)(b). Other grounds of discrimination. Further to its previous comment, the Committee notes with interest the indications in the Government’s report that, under the terms of article 22(2) of the Constitution of 17 May 2018, no one shall be subject to discrimination by reason, among other grounds, of their language, philosophical convictions, physical or mental disability, or infection with HIV/AIDS, or any other incurable disease. The Committee also notes with interest that section 14 of the Labour Code also prohibits any direct or indirect distinction, exclusion or preference on the basis of language, philosophical beliefs, trade union activity, physical or mental disability, the status of infection with HIV/AIDS or any other incurable disease, in relation to recruitment, promotion, dismissal, access to vocational training, access to employment and the various occupations, and terms and conditions of employment in general. The Government adds that, under the terms of the Labour Code, dismissals on these grounds are unjustified (section 156), workers benefit from appropriate protection against any acts of discrimination in employment that are prejudicial to freedom of association (section 588) and that any employer who makes the employment of a worker subject to or dismisses a worker on the grounds of membership of or participation in trade union activities shall be liable to a fine (section 632). The Committee further notes with interest that, under the terms of section 20(1) of the General Regulations governing public employees, the Regulations “are opposed to any distinction, exclusion or preference” based on trade union activities, real or supposed serological status in relation to promotion and definitive dismissal, and that this list is not exhaustive.

Workers with disabilities. The Committee welcomes the prohibition of discrimination in respect of these workers and the Government’s indications concerning: (1) the establishment in 2019 of the National Committee for the Rights of Persons with Disabilities in Burundi; (2) the adoption of the National Policy on the Rights of Persons with Disabilities and its plan of action 2020–24; and (3) the adoption of Act No. 1/14 of 28 April 2022 on the ratification by the Republic of Burundi of the Protocol to the African Charter on Human and Peoples’ Rights on the rights of persons with disabilities in Africa. However, the Committee notes that the strategy for the implementation of the National Employment Policy (NEP) 2018–22 indicated that the inaccessibility of workplaces remained an important challenge for persons with disabilities as the certificate of physical aptitude required for applications for employment is one aspect of discrimination in employment for such persons, and that the public authorities have not adopted incentives to encourage public and private employers to recruit persons in this category of the population. The Committee notes that pillar No. 5 of the strategy covered the promotion of employment for persons with disabilities and their labour market inclusion, for example, through incentives and positive discrimination. The Committee also notes that the SDG priorities report for Burundi 2016–22 indicates that one of the objectives to be achieved by 2030 is ensuring equality of access for vulnerable people, including persons with disabilities, at all levels of education and vocational training. The Sectoral Education Plan 2022–30 refers to the formulation of a national strategy for inclusive education for children with disabilities. The Committee further notes that, in its observations, the COSYBU denounces the discriminatory nature of section 286 of the Labour Code, which provides that a ministerial ordinance shall determine the nature of the work and categories of employment prohibited for persons with disabilities and the nature of the physical and mental disabilities for which there is no possibility of employment. The Committee requests the Government to provide information on: (i) the application in practice at the workplace of the measures respecting the rights of persons with disabilities, including any affirmative measures adopted or envisaged to ensure them equality of opportunity and treatment in employment and occupation (adaptation of workplaces, awareness-raising campaigns, etc.), in both the private and public sectors; (ii) the number of persons with disabilities employed in the public and private sectors, if possible disaggregated by sex; and (iii) any measures adopted or envisaged with a view to the adoption of a strategy for the access of children with disabilities to all levels of education and vocational training. The Committee also requests the Government to provide its comments on the observations of the COSYBU in relation to section 286 of the Labour Code and to provide a copy of the ministerial ordinance concerned.

Real or supposed HIV status. While noting the prohibition of discrimination against workers who are or are assumed to be seropositive, the Committee requests the Government to provide information on: (i) any measures adopted or envisaged to ensure in practice that the workers concerned are effectively protected against discrimination in relation to all aspects of employment and occupation, and that they can have access to reporting and compensation mechanisms; and (ii) any specific measures implemented to prevent and combat stigmatization and discrimination in employment and occupation on the grounds of real or supposed HIV status, including measures to raise awareness of the applicable provisions in this regard and training activities for workers, employers and their respective organizations, labour inspectors and controllers and magistrates.

Articles 1 and 2. Non-discrimination and equality of opportunity and treatment. Further to its previous comments, the Committee notes that, according to the Government’s indications, the quota of 30 per cent of women that is required in the Government, the National Assembly and the Senate (Articles 128, 169 and 185(2), respectively, of the Constitution) is respected. The Committee notes the conclusions of the Senate survey on compliance with the balances required by the Constitution in the public and para-public administration, State administrative services and decentralized and deconcentrated services show that women occupy 35, 63 and 43 per cent, respectively, of executive, managerial and junior positions. The Committee requests the Government to continue providing information on the number of women in the workforce in the public sector, including magistrates (Article 213(3) of the Constitution).

With reference to the private sector, the Committee notes that the SDG priorities report referred to above also places emphasis on the promotion of gender equality and the creation of conducive conditions for better access to resources, better control of these resources and a better contribution by women to the socio-economic development of the country and the strengthening of their capacities so that they can benefit more from fruits of development. The Committee also notes that, in its 2023 report, the Independent National Human Rights Commission (CNIDH) emphasizes that the Government is placing women at the centre of national family and economic development, but that several challenges remain, and particularly their access to land. The Committee requests the Government to provide detailed information on the measures taken to promote the access of women to resources and their participation in the various economic sectors.

General observation of 2018. The Committee notes the information provided by the Government in reply to its previous comment, including its reference to the implementing strategy for the NEP 2018–22, and the role played by labour inspection, labour courts and the National Labour Committee.

Article 3(a). Cooperation with workers’ organizations in promoting the acceptance and observance of the national policy designed to promote equality of opportunity and treatment. The Committee notes that the COSYBU, in its observations, refers on several occasions to the fact that the Government does not keep it informed of the measures adopted for the implementation of the Convention and does not associate it with such measures. The COSYBU also indicates that a framework for collaboration should be promoted, in addition to the National Labour Committee. The Committee requests the Government to provide its comments on this subject.

Enforcement. The Committee notes the indications provided by the Government in response to its previous comment, according to which none of the matters on which complaints have been made to the labour inspection services are related to the promotion of equality of opportunity and treatment or discrimination in employment and occupation, and that no notices have been issued on this subject. In this regard, the Committee recalls that the absence of complaints to the labour inspection services does not mean that such discrimination does not exist. Indeed, the absence or a low number of cases of discrimination or complaints may be due to the lack of an appropriate legal framework, the lack of awareness of rights, a lack of confidence in the recourse mechanisms available, or the absence of such mechanisms, difficulties of access to them in practice or fear of reprisals. In this regard, the Committee also notes that the strategy for the implementation of the NEP 2018–22 placed emphasis on the strengthening of the technical capacities of labour inspectors and controllers, and the allocation of adequate human resources and material and logistical resources. The Committee requests the Government to continue providing information on the number and nature of violations of the legislation on non-discrimination in employment and occupation identified at the workplace, the penalties imposed, and the activities carried out by the labour inspection services to promote equality of opportunity and treatment.

Institution responsible for human rights and equality issues. Further to its previous comment, the Committee notes the Government’s indications that the CNIDH has: (1) encouraged the Government to continue taking into account the question of gender balance in the context of recruitment and appointment procedures; (2) during the course of 2021, organized 18 activities for the promotion of human rights, including 14 awareness-raising and training workshops, of which one was for exchanges on the implementation of human rights in Burundi and another on the rights of indigenous peoples, in which emphasis was placed on action to combat the exclusion of and discrimination against the Batwa; (3) organized with the Senate awareness-raising sessions in secondary establishments against early and forced marriage; and (4) participated in a conference workshop on the inclusion of deaf women in development policies and programmes in Burundi. The Committee notes this information, which responds to its previous request.

Statistics. Further to its previous comment, the Committee notes that, according to the Government’s indications, a certain amount of progress has been achieved in the formal implementation of a gender information system in each development sector (the design and implementation of a national gender database; the development of national gender indicators on the implementation of the Beijing+25 programme of action – building a future that ensures the empowerment of all women and girls; the development and validation of data collection files for each indicator; the strengthening of the capacities of members of sectoral gender units on input into and the management of the national gender database and the provision of computers to each sectoral gender unit). However, the Committee notes the Government’s indication that there are still several challenges to be faced, namely the low awareness of the inclusion of gender data in sectoral statistical systems, the inadequacy of resources for the operationalization of the national gender database, and the insufficient number of ICT statisticians to ensure the management of the database. The Government adds that the report of the integrated household living standards survey in Burundi (EICVMB) 2019–20, conducted by the Institute of Statistics and Economic Studies of Burundi (ISTEEBU), shows that the activity rate is 77.2 per cent for men and 75.7 per cent for women. The report also indicates that substantial efforts still need to be made to significantly improve the quality and availability of statistical data and that it is therefore important for the action that is currently being taken to be continued with a view to further strengthening the national statistical system and mobilizing the necessary resources to conduct regular surveys on the living conditions of households. The Committee therefore requests the Government to continue working on the compilation of full statistical data and to provide information on any progress achieved in this field. It hopes that the Government will be in a position to provide information in its next report on the employment of men and women in the different sectors and occupations.