Observation (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(1)(a) of the Convention. Prohibited grounds of discrimination. Further to its previous comment, the Committee notes with satisfaction the indications in the Government’s report that, following the adoption on 24 November 2020 of Act No. 1/11 revising Legislative Decree No. 1/037 of 7 July 1993 issuing the revised Labour Code: (1) any direct or indirect distinction, exclusion or preference based on race, colour, religion, sex, political or religious opinion, and ethnic or social origin is prohibited in relation to recruitment, promotion, termination of employment, access to vocational training, access to employment and to the various occupations and terms and conditions of employment in general (section 14 of the Labour Code); (2) foreign workers or nationals of other Member States of the East African Community who are lawfully recruited enjoy the same rights as national workers and are subject to the Labour Code (section 55); and (3) dismissals on grounds of race, colour, religion, sex, political or religious opinion, or ethnic and social origin are abusive (section 156). However, the Committee notes with regret that, contrary to the Labour Code and despite its recent revision, the General Regulations governing public employees do not explicitly cover all of the seven prohibited grounds of discrimination set out in Article1(1)(a) of the Convention. Indeed, under the terms of section 20(1) of Act No. 1/03 of 8 February 2023 amending Act No. 1/28 of 23 August 2006 issuing the General Regulations governing public employees, the Regulations “guarantee for each public employee equality of opportunity and treatment throughout their career without any discrimination” and “are opposed to any distinction, exclusion or preference based on religion, gender, political opinion, trade union activity, social or ethnic origin”, with the list not being exhaustive. In this regard, the Committee recalls that any discrimination – in law or in practice, direct or indirect – falls within the scope of the Convention and that, for the effective elimination of all forms of discrimination, it is necessary to address discrimination based on all of the grounds enumerated in the Convention (see the 2012 General Survey on the fundamental Conventions, paragraphs 743 and 850–855). The Committee therefore requests the Government to: (i) amend the General Regulations governing public employees in order to introduce a clear and full definition of direct and indirect discrimination which covers all stages of employment and as a minimum all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention; and (ii) provide information on the measures adopted or envisaged for this purpose and the progress achieved. Furthermore, the Committee requests the Government to provide information on the application of the new Labour Code, including any guidance it issued, any complaints that arose under it, and any court proceeding settled or ongoing.

Sexual harassment. Gender-based violence. Further to its previous comment, the Committee notes with satisfaction the Government’s indications that section 22 of the Labour Code now defines sexual harassment not only as any form of pressure, even if not repeated, exerted with the real or apparent purpose of obtaining an act of a sexual nature (quid pro quo), but also as “words or conduct with a sexual connotation” affecting the dignity of the worker or the person engaged in training or an internship, “by reason of their degrading or humiliating nature, or which create an intimidating, hostile or offensive working environment for the recipient”. However, the Committee notes that: (1) the definition of sexual harassment as set out in section 2(n) of Act No. 1/13 of 22 September 2016 on the prevention, protection of victims and repression of gender-based violence and section 586 of Act No. 1/27 of 29 December 2017 revising the Penal Code has not been amended to introduce the notion of an intimidating, hostile or humiliating working environment; and (2) the General Regulations governing public employees do not refer to the notion of sexual harassment. The Committee notes that, according to the Government’s indications, awareness-raising sessions have been organized with a view to assessing the situation with regard to cases of harassment and abuse of authority in the workplace and that a policy and strategy to combat harassment and abuse of authority will soon be introduced. Moreover, the Committee notes from the Sectoral Education Plan 2022–30, prepared by the Ministry of National Education and Scientific Research (MENRS) that, with a view to achieving the objective of all children of six years of age being enrolled in the basic cycle (that is a block of nine years of education encompassing the former primary cycle and the three first years of the secondary cycle) and promoting their maintenance at school, one of the activities to be undertaken is action to combat violence and harassment on the way to school and at school, particularly in relation to girls. On this point, the Committee notes the Government’s indications concerning: (1) the establishment of holistic support centres for victims of gender-based violence and an alarm system for cases of sexual violence; (2) the establishment of a budgetary line for action to combat violence against women; and (3) the search for financing for projects related to the plan of action of the National Gender Policy, such as the project on the promotion of gender and action to combat gender-based sexual violence. In this regard, the Committee welcomes the European Union Gender Action Plan III for Burundi covering the period 2021–25, which aims to accelerate progress in the empowerment of women and girls, including by guaranteeing the absence of any form of gender-based violence. Finally, the Committee notes the observations of the COSYBU according to which the memorandum of understanding that it has concluded with the Employers’ Association of Burundi has been extended to cover gender, which has resulted in the establishment of a joint gender committee to combat discrimination in this field. The Committee requests the Government to: (i) specify the manner in which the provisions of section 22 of the Labour Code are articulated with those of section 586 of the Penal Code and section 2(n) of the 2016 Act on the prevention, protection of victims and repression of gender-based violence; (ii) include in the General Regulations governing public employees a clear definition and an explicit prohibition of sexual harassment in all its forms (quid pro quo and hostile working environment) and provide information on any progress achieved in this regard; and (iii) continue to provide information on any specific measures adopted to prevent and eliminate sexual harassment in the public and private sectors, such as awareness-raising campaigns. The Committee also requests the Government to provide information on any measures taken to: (i) implement the project to promote gender and combat gender-based sexual violence, and the policy and strategy to combat harassment and abuse of authority; and (ii) combat violence and harassment on the way to school and at school, and the results achieved in terms of the school enrolment of girls.

Article 2. Equality of opportunity and treatment for men and women. The Committee welcomes the adoption of various measures, according to the indications provided by the Government in response to its previous comment, for the achievement of equality of opportunity for men and women, including the increase of the budget for the implementation of the National Gender Policy, the development of the National Programme to Strengthen the Economic Capacities of Women and the creation of the Investment and Development Bank for Women (BIDF). The Government adds that, in parallel, it is seeking financing for the implementation of the project to support the socio-economic empowerment of women. The Committee notes that, while the report on Sustainable Development Goal (SDG) priorities for Burundi 2016–30 indicates that remarkable progress has been achieved in recent years, both in terms of the net primary school attendance rate and girl/boy parity, it emphasizes the persistent inequalities in relation to gender which have their origin in social and ideological perceptions that are not favourable to equality for men and women, the insufficient account taken of gender in sectoral programmes and the persistence of socio-cultural prejudices. The report adds that the many challenges that remain include the strengthening of the knowledge and skills of women, their access to resources and economic opportunities and the improvement of access to and equitable participation of women in management and decision-making bodies. In this regard, the Committee notes that, in view of the low participation rate of girls in technical and scientific subjects, the Sectoral Education Plan 2020-30 envisages, among other measures, the development of a mechanism to attract girls to these subjects and to facilitate their access to accommodation. It also envisages the promotion of training for girls in occupations in the primary and secondary sectors. As the authorities have also noted that unwanted pregnancies often result in adolescent girls leaving school, they have included a number of prevention measures in the Sectoral Education Plan, including a significant strengthening of action by the “zero pregnancy” unit established in the Ministry of National Education and Scientific Research. The Committee requests the Government to provide detailed information on: (i) any measures adopted or envisaged to facilitate the access of girls to technical and scientific subjects and their training for occupations in the primary and secondary sectors; (ii) the activities of the “zero pregnancy” unit to prevent unwanted pregnancies among adolescent girls; and (iii) the entry of women into the labour market, including the implementation of the National Programme to Strengthen the Economic Capacities of Women and the project to support the socio-economic empowerment of women, and the results achieved in this regard. Finally, noting that the vision of the Investment and Development Bank for Women for 2027 is to be a financial institution that enables women in Burundi to enjoy financial facilities and develop all their economic capacities, the Committee requests the Government to provide detailed information on any progress made in achieving this objective.

Indigenous peoples. Further to its previous comment, the Committee notes the Government’s indications that, while awaiting the implementation of forest management projects in association with Batwa peoples, the Council of Ministers will soon adopt a national integration strategy for them. The Committee notes that a Plan for Indigenous Peoples (Batwa) was adopted in August 2022 within the context of the Transport Resilience Project. As a result, the Batwa should potentially be the beneficiaries of the project as they can envisage obtaining work in the construction of the various types of infrastructure, but the implementation of the project could have direct negative effects on Batwa communities, including cases of school dropouts as a result of workers being hired. In light of the situation of extreme poverty of Batwa families, the Plan provides that Batwa children will benefit from support for school materials for around four years and their families will be provided with support for the development of a community solidarity mechanism to help them learn to save, take out credit and initiate sustainable income-generating activities. In view of the poverty level of Batwa women and girls and prevailing social attitudes and prejudices, they are particularly vulnerable and are already the victims of gender-based violence, exploitation, abuse and sexual harassment. In view of this situation, the Plan indicates that it is important to ensure that they are given special attention in recruitment and that they participate actively in complaints committees. The Committee also welcomes, as emphasized by the Independent National Human Rights Committee (CNIDH) emphasized in its report for 2023, the fact that the protection and promotion of the rights of the Batwa remains a concern of the Government and that certain measures have been adopted to help them, such as the decision not to require school and boarding fees for Batwa students in order to enable them to have access more easily to post-fundamental education. Finally, the Committee notes that the United Nations Human Rights Committee, in its concluding observations, refers to reports that the Council of Ministers decided in February 2023 to suspend the adoption of a national strategy for the integration and socio-economic inclusion of the Batwa people for sustainable development 2022–27 (CCPR/C/BDI/CO/3, 29 August 2023, paragraph 49). Noting that the Independent National Human Rights Committee has encouraged the Government to improve the access of Batwa populations to education and land, the Committee requests the Government to provide detailed information on any measures adopted or envisaged for this purpose. With reference to the decision of the Council of Ministers to suspend the adoption of the national strategy for the integration and socio-economic inclusion of the Batwa for sustainable development 2022–27, the Committee requests the Government to provide detailed information on this matter and on any measures adopted or envisaged with a view to promoting equality of opportunity for the Batwa. It also requests the Government to provide information on the implementation of the Plan for Indigenous Peoples (Batwa) of August 2022. In the absence of information on forest management projects in association with the Batwa and on the efforts that were to be taken to guarantee them the right to exercise their traditional activities without discrimination and to conserve their means of subsistence, the Committee urges the Government to provide information on any measures adopted or envisaged in this respect.

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