Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2025. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1. Scope of application. Private and public sectors. The Committee notes with regret that the Government’s report does not provide any information on measures to ensure protection against discrimination for the categories of workers excluded from the scope of application of the Labour Code, in particular family agricultural, stock-raising, commercial and industrial workers, as well as workers excluded from the General Regulations governing public employees due to special regimes. It recalls that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, and that no provision in the Convention limits its scope as regards individuals or branches of activity (see the 2012 General Survey on the fundamental Conventions, para. 733). The Committee therefore once again requests the Government to indicate the legislative provisions or other measures ensuring the protection of these categories of workers against discrimination on any of the grounds listed in Article 1 of the Convention and, in the absence of an applicable legal framework, to specify whether legislative measures are envisaged to fill this gap.

Article 1(1)(a). Legislation. Prohibited grounds of discrimination (colour, race, national extraction). The Committee observes that section 20 of the General Regulations governing public employees has not been amended to expressly include all the grounds listed in Article 1(1)(a) of the Convention. The Committee recalls that the national legislation provides for an open-ended list of prohibited grounds of discrimination (by adding the word “etc”. at the end of the list), which allows the courts to interpret this provision in the light of the Convention. While the use of an open-ended clause is a positive step that may enable the courts to incorporate additional grounds, the Committee points out that, in the absence of explicit case law or clear guidelines, uncertainties may remain as to whether all the grounds set out in the Convention are effectively covered. In this regard, the Committee emphasizes that the ground of “national extraction” covered by the Convention goes beyond the ground of “ethnic origin”. The concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Discrimination based on national extraction may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State. Distinctions made between citizens of the same country are one of the most evident examples (see the General Survey of 2012, para. 764). The Committee recalls, lastly, that where legal provisions are adopted to give effect to the principles of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee refers to its 2012 General Survey, paras 743 and 850–855). In these conditions, the Committee requests the Government, as part of a future reform of the General Regulations governing public employees, to explicitly prohibit “race, colour and national extraction” as grounds of discrimination and to provide information on progress made in this regard. The Committee also requests the Government to provide information on how discrimination based on the three grounds mentioned above is tackled and to provide, if available, examples of case law invoking them to punish discrimination prohibited by the Convention.

Articles 1 to 3.Equality of opportunity and treatment in respect of employment and occupation. Persons with disabilities. The Government states that one focus of the National Employment Policy is developing the skills and employability of vulnerable groups, including persons with disabilities, including through the development of specific occupations. The Committee observes that it does not provide information on the specific measures implemented to ensure equality of opportunity and treatment for persons with disabilities in respect of employment and occupation. It notes that the Government does not provide any information on the concerns expressed by COSYBU in relation to 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. In this context, the Committee requests the Government to: (1) specify the criteria used to define these prohibitions and to identify the disabilities considered to preclude any possibility of employment, as well as the safeguards to prevent any general exclusion contrary to the Convention; (2) indicate the procedures for individual assessment of occupational abilities; and (3) indicate the consultations held with representative organizations. The Committee requests the Government to provide detailed information on the specific measures taken to promote equality of opportunity and treatment in respect of employment and occupation for persons with disabilities, as well as any available statistical data on their access to employment. It also requests the Government to indicate whether the ordinance provided for in the Labour Code has been adopted and, if so, to provide a copy of it and information on refusals to hire based on this regulation.

Equality of opportunity and treatment for men and women. The Committee notes: (1) that a reform of the education system and the establishment of regional technical and vocational training centres aimed at improving equitable access to vocational training for young people, including women, are envisaged under the National Employment Policy; (2) the establishment of the Burundi Employment and Labour Office, designed to ensure non-discriminatory access to employment opportunities; (3) the introduction of a quota system to improve the gender balance in the public service; (4) economic support programmes for young people and women (including the construction of community vocational training centres); and (5) the establishment of financial support mechanisms as part of the project for the economic empowerment and employability of young people. The Committee nevertheless notes with regret the lack of statistical data on the situation of women in the labour market and on the results achieved in terms of women’s entry into the labour market and their participation in technical and scientific fields. The Committee requests the Government to provide: (i) information on specific measures to increase the participation of girls in technical and scientific fields; (ii) data on the results of training and economic support programmes for women; and (iii) information on the impact of the quota system on the representation of women in the public administration.

Convention No. 100 – Principle of equal remuneration for women and men for work of equal value

Articles 1 to 4. Gender pay gap. The Committee observes that, in the absence of statistical data on the situation of women in the labour market, it remains impossible to assess whether there are any gender pay gaps or to measure the extent of occupational segregation. It recalls that in order to assess the situation of women in the labour market and measure the gender pay gap, it is essential to have data, disaggregated by sex, on their activity, employment and unemployment rates, their distribution by sector and occupation, types of employment (full-time/part-time, formal/informal), and their representation in decision-making positions. Moreover, information on average or median wages, including per hour worked, sector, occupation and level of education, is essential for calculating pay gaps. It is also useful to collect information on the use of parental leave, access to childcare services, unpaid workloads, social protection coverage and complaints or findings of discrimination. The Committee recalls that the Government may request technical assistance from the ILO in this regard. The Committee encourages the Government to strengthen data collection and analysis capacities and to communicate, as soon as they become available, statistics disaggregated by sex on: (i) the distribution of women and men in various sectors of activity and occupations, including in the public service; and (ii) the corresponding levels of remuneration.

Articles 1 and 2. Principle of equal remuneration for women and men for work of equal value.Definition of “remuneration”. The Committee notes that the Government does not specify whether the definition of “remuneration” in the Labour Code covers all the elements listed in Article 1(a) of the Convention, in particular emoluments in kind and additional emoluments payable directly or indirectly by the employer to the worker arising out of employment. It recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a), which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Such a broad definition is necessary since if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. The words “directly or indirectly” were added to the definition of remuneration in the Convention with a view to ensuring that certain emoluments which were not payable directly by the employer to the worker concerned would be covered. The definition also captures payments or benefits, whether received regularly or only occasionally (see General Survey of 2012 on the fundamental Conventions, paras 686–687 and 690–692). As to the seniority bonus referred to in section 182 of the Labour Code, the Committee notes that the Government does not respond to the allegations of COSYBU that one category of workers has not been receiving this bonus since 2016. The Committee requests the Government to indicate whether emoluments in kind payable directly or indirectly to the worker are included in the definition of the term “remuneration” contained in the Labour Code. It also requests the Government to indicate the measures taken or envisaged to ensure that the seniority bonus referred to in section 182 of the Labour Code is granted on a non-discriminatory basis, in accordance with the Convention.

Article 2. Machinery for wage determination. Minimum wages. The Committee notes the Government’s indication that regulations on the minimum guaranteed interoccupational wage (SMIG), taking into account the principle of equal remuneration for work of equal value, which applies to all workers under section 184 of the Labour Code, are under preparation, and that the bodies responsible for determining wage rates do not establish differences based on sex. The Committee recalls that determining a national minimum wage is an important means of implementing the Convention, as women predominate in low-wage employment. It also draws attention to the fact that the principle of equal remuneration for work of equal value enshrined in the Convention is more specific (than the universal principle enshrined in the Labour Code) because it focuses on gender-related pay gaps. The Committee therefore requests the Government to indicate the specific measures taken to ensure equal pay for men and women, even though the Labour Code guarantees equal pay for all workers. It requests the Government to provide information on the progress made in adopting regulations on SMIG, which take into account the principle of equal remuneration for men and women for work of equal value, and on the consultations held with the social partners in this regard.

Article 3. Objective job appraisal methods. The Committee notes the information provided by the Government, according to which: (1) the appraisal of jobs in the public service is based on the classification of jobs according to four main criteria: the level of training required, the complexity and technical nature of the job, contextual factors and the level of autonomy; (2) the factors used for comparing and weighing these factors, and the comparison itself, do not contain any direct or indirect discriminatory elements; and (3) the job entitles the jobholder to a certain number of points, and the value of a job point is set by presidential decree. The Committee requests the Government to provide information on the impact of applying this objective job appraisal method on career progression and access to senior positions, and more generally on the distribution of men and women in the various grades and roles in the public service and therefore on the pay gaps for work of equal value.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Cooperation with the employers’ and workers’ organizations. The Committee notes the Government’s indication that labour-related laws and regulations are always drafted in a tripartite framework. According to the Government, the tripartite constituents have already begun discussions with a view to adopting a law on the informal economy, where practices that may promote forms of discrimination have been observed. The Committee notes the observations of COSYBU, according to which the Government has set up a tripartite committee that has only analysed the application of the wage policy to staff governed by the General Regulations governing public employees, to the detriment of institutions with special status. COSYBU indicates that it has been unable to negotiate a fair wage policy for the public sector, which is why it is still requesting the renegotiation of the implementation of the wage policy. In this regard, the Committee refers to its comments on the implementation by Burundi of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Enforcement and awareness-raising. The Committee notes the information that no cases of discrimination, particularly with regard to equal pay for men and women, have been brought before the labour inspectorate. It wishes to recall that the absence of complaints does not mean that such discrimination does not exist in practice. The absence or low number of cases of discrimination or complaints may be due to a lack of awareness of rights, a lack of confidence in the available remedies, the non-existence of such remedies or the difficulty of accessing them in practice, or fear of reprisals. The Committee therefore requests the Government to provide information on: (i) the capacity-building carried out in the labour inspectorate, particularly in terms of training, awareness-raising and operational tools aimed at improving the detection, monitoring and handling of cases of discrimination in employment and occupation, including in terms of equal remuneration for men and women for work of equal “value”; and (ii) the awareness-raising activities carried out for the general public on rights to equality of opportunity and treatment in respect of employment and occupation and the remedies available. The Committee once again requests the Government to provide information, where available, on the nature and number of complaints registered by the labour inspectorate and on any decisions handed down by the courts in this area.

Practical application. The Committee notes with regret that the Government does not provide any information on the practical application of section 184 of the Labour Code, which provides that “workers performing the same work or work of equal value shall be entitled, without any discrimination, to equal remuneration”. The Committee once again requests the Government to provide information on the application of section 184 of the Labour Code, including on any guidance it may have issued, on complaints lodged under the Code and on any judicial proceedings that have been settled or are ongoing.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2025. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Sex. Sexual harassment. Public service. Legislation. The Committee notes with regret that the Government does not provide any new information on the follow-up to its previous requests concerning sexual harassment and, in particular, the absence of any reference to sexual harassment in the General Regulations governing public employees. The Committee therefore requests the Government to indicate the measures taken or envisaged to introduce into the General Regulations governing public employeesa full definition of sexual harassment, covering both quid pro quo and hostile work environment sexual harassment, and to continue to provide information on the specific measures taken to prevent and eliminate sexual harassment in the public and private sectors.

Articles 1 to 3.National policy to promote equality of opportunity and treatment. Indigenous peoples. The Government indicates that it has taken measures to ensure equal access for the Batwa to education, vocational training and employment, and to enable them to carry out their traditional activities and to combat stereotypes and prejudices against this community. In this regard, it informs the Committee that a policy has been adopted to ensure that all Batwa schoolchildren who obtain more than 50 per cent in the national examination are referred to schools of excellence, and that a national strategy for the socio-economic reintegration of disaster victims, including the Batwa, is being adopted by the Council of Ministers. Furthermore, the Committee notes with interest that on the International Day of the World’s Indigenous Peoples, held on 9 August 2025, the President of the Republic, on behalf of the Government, publicly apologized to the indigenous peoples for the injustices and discrimination they have suffered for years and committed to taking specific measures, such as granting arable land and housing to the Batwa, promoting their access to quality education and increasing their representation in decision-making bodies. The Committee requests the Government to provide up-to-date information on the progress made in adopting the national strategy for the socio-economic reintegration of disaster victims. It also requests detailed information on the measures implemented to improve access to education, vocational training and employment for members of the Batwa community, as well as on the results achieved, including statistical data to assess their impact.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value.Public service. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal “value” is fully reflected in the legal framework applicable to public servants, and to provide information on any developments in this regard.

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

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

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. In its report, the Government informs the Committee of the adoption of Act No. 1/11 of 24 November 2020 revising the Labour Code of Burundi and Act No. 1/03 of 8 February 2023 amending the General Regulations governing public employees. The Committee notes that, under the terms of the last paragraph of section 2 of the Labour Code, agricultural, stock-rearing, commercial and industrial family workers are excluded from the scope of application of the Labour Code and that, under section 3 of the General Regulations governing public employees, the Regulations do not apply to persons engaged in public jobs subject to specific legal regimes. The Committee recalls that no exclusions are permitted from the Convention and that it applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and private sectors (see the General Survey of 2012 on the fundamental Conventions, paragraph 658). The Committee therefore requests the Government to indicate how the categories of workers that are excluded from the scope of application of the Labour Code and the General Regulations governing public employees are specifically protected against inequality of remuneration for men and women for work of equal value and, in the absence of any applicable text, to indicate whether it is envisaged to adopt legislation covering these specific categories of workers.

Article 2. Minimum wages. With reference to the establishment of a system of minimum wages, the Government indicates that draft regulations on the minimum guaranteed inter-occupational wage (SMIG), which take into account the principle of equal remuneration, are under preparation. The Committee requests the Government to provide information on any progress achieved in the adoption of the regulations on the minimum wage.

Article 3. Objective job evaluation and classification. The Committee notes that, according to the Government’s indications provided in reply to its previous comment, the methods applied to undertake the objective evaluation of the jobs of State employees and employees in the para-State sector on the basis of the work performed are founded on three elements: (1) the classification of jobs (which is carried out without taking sex into consideration, as it is established as a function of the level of training required, the complexity and technical level of the job, contextual factors and the level of independence required); (2) the rating of jobs (which is established without taking into account any direct or indirect discriminatory elements); and (3) the indexed component (which is a function of the qualifications and seniority of the employee). The Committee recalls that the use of appropriate methods for the objective evaluation of jobs to determine their value generally requires a comparison of four key factors, namely the required skills and qualifications, effort, responsibilities and working conditions. It further notes that the Government does not refer to the use of objective job evaluation methods in the private sector and that the COSYBU confirms that no measures have been taken to encourage such evaluation. Finally, the Committee emphasizes that direct and indirect sexist distortions can slip into all stages of the process of evaluation (the selection of factors for comparison, the weighting of such factors and the actual comparison carried out), affect the final outcome and result in the undervaluation of jobs that are generally occupied by women. The Committee requests the Government to: (i) indicate the extent to which the three factors identified by the Government to measure the value of jobs in the public service cover the four factors generally included in job evaluation exercises; and (ii) provide information on any measures adopted or envisaged, within or outside the context of collective bargaining, to promote the objective evaluation of jobs in the private sector. The Committee also reminds the Government that it may avail itself of ILO technical assistance for this purpose.

Article 4. Collaboration with employers’ and workers’ organizations. The Committee notes the reference by the COSYBU on several occasions in its observations to the fact that the Government does not keep it informed of the measures taken to give effect to the Convention and does not associate it with these measures. The COSYBU adds that the Government has not really negotiated with it the equitable wage policy applicable in the public sector and that it has refused to engage in consultations and negotiations on the wage policy applicable in the private sector. The Committee requests the Government to provide its comments on this subject.

Enforcement. Awareness raising. The Committee notes that, according to the information provided by the Government in reply to its previous comments, the courts have not handed down any decisions on matters of principle concerning the application of the Convention, and that the work of the labour inspection services has not up to now been the subject of an annual report. On this latter point, the Committee refers the Government to the comment that it is making on Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), in which it requests it to take the necessary measures for the publication by the central authority of an annual report on the work of the labour inspection services. The Committee also notes that the Government has not provided information on any awareness-raising activities relating specifically to the principle of equal remuneration for work of equal “value”. The Committee requests the Government to provide information on any measures adopted or envisaged to improve understanding and acceptance of the principle of equal remuneration for men and women for work of equal “value” and to reinforce the resources available to the competent authorities, and particularly magistrates, labour inspectors and other public officials, to identify and deal with cases of discrimination and unequal remuneration, for example through training targeted at equal remuneration issues. The Committee once again requests the Government to provide information, where appropriate, on the nature and number of complaints received by the labour inspection services and any decisions handed down by the courts in this field.

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

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.

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

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

Article 1(a) of the Convention. Definition of remuneration. Legislation. Further to its previous comment, the Committee notes that, under the terms of section 4 of Act No. 1/11 of 24 November 2020 to revise Legislative Decree No. 1/037 of 7 July 1993 revising the Labour Code, remuneration is now defined as “earnings of all types, which may be valued in cash and determined by agreement or in accordance with the law, and which are payable, by virtue of a work contract, by an employer to a worker” and that, in accordance with section 181, “it is composed of the basic wage and any additional emoluments paid by the employer to the worker arising out of the workers’ employment”. The Committee requests the Government to indicate whether all the components of remuneration enumerated in Article 1(a) of the Convention, including benefits in kind payable directly or indirectly to the worker, are indeed included in the definition of the term “remuneration” contained in the Labour Code.

The Committee also notes that, according to the indications of the COSYBU, one category of workers (without further specification) has no longer been receiving since 2016 the seniority bonus that is now set out in section 182 of the Labour Code. In this regard, the Committee recalls that, within the meaning of the Convention, the term “remuneration” includes wage differentials or increments based on seniority (see the 2012 General Survey on the fundamental Conventions, paragraph 691). The Committee requests the Government to provide its comments on this subject.

Finally, the Committee recalls that it noted previously that the designation of the husband as head of the household could have an adverse impact on the payment to women of employment-related benefits, such as family allowances. It notes that Act No. 1/12 of 12 May 2020 issuing the Social Protection Code in Burundi provides, in section 105, that “family allowances shall be paid to the beneficiary”. The General Regulations governing public employees provide in section 82 that these allowances are payable to the “public employee”, without therefore any specification of the sex. The Committee notes with interest this information which responds to its previous comment.

Article 1(b). Equal remuneration for work of equal value. Legislation. The Committee notes with satisfaction that section 184 of the new Labour Code provides that “workers performing the same work or work of equal value shall be entitled, without any discrimination, to equal remuneration”. The Committee requests the Government to provide information on the application of this new Labour Code, including any guidance it issued, any complaints that arose under it, and any court proceeding settled or ongoing.

Public service. The Committee notes that, in accordance with section 79 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 remuneration of public employees “includes an indexed component, an employment component, family allowances and a performance component” and that, in accordance with section 25(1) of the Regulations, “a wage scale is attached to each step”. It also notes that section 79 of the General Regulations governing public employees does not explicitly refer to the principle of equal remuneration for men and women for work of equal “value”. The Committee requests the Government to: (i) indicate the measures taken to ensure that the determination of the remuneration of public employees is exempt from sexist prejudices or discrimination in practice; and (ii) ensure that full expression is given in the General Regulations governing public employees to the principle set out in the Convention, and to provide information on any measures taken to this effect.

The Committee further notes that article 57 of the Constitution still provides that “with equal skills, all persons shall have the right, without any discrimination, to equal wages for equal work” and that the Government did not therefore take the opportunity of the revision of the Constitution in May 2018 to amend this provision in order to reflect the concept of “work of equal value”. In this regard, the Committee refers to paragraphs 672 to 674 of its 2012 General Survey on the fundamental Conventions which explain the notion of work “of equal value” and to the Introductory Guide on Equal Pay, in particular its Part 4. The Committee thereforeonce again invites the Government to envisage the possibility of amending accordingly article 57 of the Constitution during a forthcoming constitutional revision.

Occupational segregation and remuneration gaps between men and women. Statistics. Further to its previous comment, the Committee notes that, according to the Government’s indications, there are no statistics on any potential inequality of treatment between men and women workers. In this regard, the Committee notes that the strategy for the implementation of the National Employment Policy 2018–22 confirmed the absence of reliable statistics, particularly on the mainstreaming of gender in employment promotion programmes. The document also indicates that, in order to be able to perform its duties effectively, the Burundi Employment and Labour Office (OBEM) will need to establish a statistical database. The Committee recalls that one of the underlying factors behind the wage gap between women and men is generally occupational segregation (under which women are in a majority in certain jobs and occupations characterized by lower remuneration and occupational prospects) and that, in order to be able to determine the nature, extent and causes of any inequality of remuneration, it is essential to have available appropriate data, and particularly statistical data. The Committee therefore once again requests the Government to provide statistics on the distribution of men and women in the various sectors, including the public sector, and on the corresponding remuneration, as soon as such data is available. The Committee recalls that the Government may avail itself of ILO technical assistance for this purpose.

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

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

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.

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

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

Repetition

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

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

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

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

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

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

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

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

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Indigenous peoples. The Committee recalls that it has been drawing the Government’s attention for a number of years to the stigmatization and discrimination faced by the Batwa people and notes that the Government’s report does not contain any information on this matter. The Committee notes that, in their respective concluding observations, CEDAW emphasizes that access to education for Batwa girls is very limited (CEDAW/C/BDI/CO/5-6, 25 November 2016, paragraph 34(b)) and the United Nations Committee on Economic, Social and Cultural Rights expresses concern at the lack of effective measures for combating the discrimination faced by the Batwa, particularly with regard to ensuring the effective exercise of their economic, social and cultural rights (E/C.12/BDI/CO/1, 16 October 2015, paragraph 15). The Committee urges the Government to take the necessary steps to ensure equal access for the Batwa people to education, vocational training and employment, including to enable them to exercise their traditional activities, and also steps to combat stereotypes and prejudice against this indigenous community and to promote tolerance among all sections of the population. The Committee also asks the Government to provide information on the impact of Act No. 1/07 of 15 July 2016 revising the Forestry Code, which provides that the rational and balanced management of forests is based, inter alia, on the principle of participation by the grassroots communities, and on the exercise of traditional activities by the Batwa on the land where they live.

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 2 of the Convention. Minimum wages. The Committee recalls that a uniform national system of minimum wages contributes to increasing the income of the lowest-paid workers and that women often predominate in low-waged jobs. The establishment of a minimum wage system therefore has an impact on the link between men’s and women’s wages and also on reducing the gender pay gap. In this regard, the Committee refers to its comments on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), in which it requests the Government to “take all necessary measures in order to reactivate the minimum wage-fixing process in full consultation with the social partners and proceed to the readjustment of the inter-occupational guaranteed minimum wage”. Recalling that the fixing of minimum wages can make an important contribution to the application of the Convention, the Committee requests the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation and classification. The Committee notes that the COSYBU indicates in its observations that when wages are fixed, occupations are not subjected to any comparison, and the social partners are not associated with the study on the classification of jobs that is currently in progress as part of the national administrative reform policy. The COSYBU also notes the Government’s indication in its report that a national wage policy is being formulated and that it provides for a classification of jobs. The Committee recalls that job evaluation is a formal procedure which, through analysing the content of jobs, gives a numerical value to each job. There are different methods of job evaluation. Such methods analyse and classify jobs on the basis of objective factors such as skills/qualifications, effort, responsibilities and working conditions. Objective job evaluation is concerned with evaluating the job and not the individual worker. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey of 2012 on the fundamental Conventions, paragraphs 695–709). The Committee requests the Government to take the necessary steps to ensure, in collaboration with the social partners, that the method of job evaluation and classification used when preparing the classification of jobs in the context of the future wage policy is free from gender bias, that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and that they do not result in jobs generally occupied by women being undervalued. The Committee requests the Government to provide information on progress made regarding the formulation of the wage policy and the classification of jobs, and on the results achieved.

Awareness raising. In view of the lack of information on this point, the Committee requests the Government to provide information on the specific measures taken to increase understanding and acceptance of the principle of equal remuneration for men and women for work of equal value, including among workers’ and employers’ organizations.

Enforcement. The Committee notes the Government’s indication in its report that it is the labour inspectorate which deals with complaints on wage disparities. The Committee also notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations, recommends that Burundi ensures that the labour inspection system is endowed with adequate and effective resources and focuses its efforts on the labour legislation, including the principle of equal remuneration for work of equal value (E/C.12/BDI/CO/1, 16 October 2015, paragraphs 25–26). The Committee requests the Government once again to provide information on the measures taken or envisaged to strengthen the resources of the labour inspectorate, for example through targeted training on equal pay issues. The Committee also requests the Government to supply information, if applicable, on the nature and number of complaints received by the labour inspectorate and on any related court decisions.

Statistics. The Committee asks the Government once again to provide statistical information on the earnings of men and women by branch of activity, occupation and position, in both the public and private sectors, as soon as such data becomes available.

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

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

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee recalls that, under section 15(f) of the Labour Code, family allowances, benefits in kind, housing benefits, travel costs and other benefits are not considered as forming a part of wages or remuneration. It also recalls that, in order to ensure the application of the principle of equal remuneration for men and women for work of equal value, the definition of remuneration established by the Convention is to include all elements that workers may receive in exchange for their work and arising from their employment, regardless of whether the employer pays in cash or in kind and directly or indirectly. Noting the Government’s indication that it is in the process of revising the Labour Code, the Committee requests the Government to take this opportunity to extend the definition of “remuneration” to bring it into line with Article 1(a) of the Convention, in order to apply the principle of equal remuneration established by the Convention. The Committee requests the Government to provide information on all progress made in this respect.

Furthermore, the Committee previously pointed out that the designation of the husband as head of the household could have an adverse impact on the payment to women of employment-related benefits, such as family allowances. Noting that the Government’s report does not contain any information on this point, the Committee observes the Government’s indication, in its report to the United Nations Committee on the Elimination of Discrimination against Women, that a preliminary draft Code of Personal and Family Rights is under examination (CEDAW/C/BDI/5-6, 17 June 2015, paragraph 36). The Committee asks the Government to examine the possibility, as part of the review of the Code of Personal and Family Rights, of removing the obstacles to equality between men and women, particularly regarding the payment of employment-related benefits.

Article 1(b). Equal remuneration for work of equal value. Legislation. The Committee recalls that article 57 of the Constitution provides that “all persons with equal skills shall have the right, without discrimination, to equal wages for equal work” and section 73 of the Labour Code provides that “with equal conditions of work, vocational qualifications and performance, wages shall be equal for all workers, regardless of their origin, sex or age”. As the Committee has emphasized several times, these provisions do not give full effect to the principle of equal remuneration for work of equal value laid down in Article 1(b) of the Convention. In this regard, the Committee notes that COSYBU, in its observations, reiterates its previous observations to the effect that, as requested by the Committee, section 73 of the Labour Code should be amended to fully reflect the principle of the Convention. The Committee notes the Government’s indication that the Labour Code is being revised and that the social partners, including COSYBU, have drawn the attention of the committee responsible for proposing amendments to the fact that section 73 needs to be amended to incorporate the concept of work of equal value. In this regard, the Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It is essential to combating gender-based occupational segregation, since it allows for a broad comparison and includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work and also encompasses work of an entirely different nature which is nevertheless of equal value. The Committee has previously found that referring in the law to factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see the General Survey on the fundamental Conventions, 2012, paragraphs 672–675). Having raised this issue for many years, the Committee trusts that the Government will take the opportunity provided by the revision of the Labour Code to amend section 73 so as to incorporate the principle of equal remuneration for work of equal value. In addition, the Committee invites the Government to contemplate the possibility of amending article 57 of the Constitution when the Constitution is next revised in order to reflect the concept of “work of equal value”.

Occupational segregation and gender pay gaps. The Committee notes the Government’s indication in its report that remuneration is fixed according to the qualifications and post concerned and that a wage policy is being formulated which aims to resolve wage disparities by harmonizing aspects of gender, occupation, posts, grades and wages. It also notes the Government’s indication in the National Employment Policy 2015 that women have a major presence in low productivity jobs and underpaid posts and therefore have a minor presence in high-productivity occupations or professions, resulting in their income being lower than that of men. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed concern at inequality in the employment sphere and at significant wage gaps (E/C.12/BDI/CO/1, 16 October 2015, paragraph 19). The Committee requests the Government to take steps to combat occupational segregation between men and women, particularly the predominance of women in low-productivity or underpaid jobs, including by combating stereotypes regarding the roles of men and women and encouraging women to participate in initial or further training. It also requests the Government to provide statistics, disaggregated by sex, on the distribution of men and women in the various sectors of the economy, including the public sector, and on the corresponding levels of pay.

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

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

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

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

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

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

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

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

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

Indigenous peoples. The Committee recalls that it has been drawing the Government’s attention for a number of years to the stigmatization and discrimination faced by the Batwa people and notes that the Government’s report does not contain any information on this matter. The Committee notes that, in their respective concluding observations, CEDAW emphasizes that access to education for Batwa girls is very limited (CEDAW/C/BDI/CO/5-6, 25 November 2016, paragraph 34(b)) and the United Nations Committee on Economic, Social and Cultural Rights expresses concern at the lack of effective measures for combating the discrimination faced by the Batwa, particularly with regard to ensuring the effective exercise of their economic, social and cultural rights (E/C.12/BDI/CO/1, 16 October 2015, paragraph 15). The Committee urges the Government to take the necessary steps to ensure equal access for the Batwa people to education, vocational training and employment, including to enable them to exercise their traditional activities, and also steps to combat stereotypes and prejudice against this indigenous community and to promote tolerance among all sections of the population. The Committee also asks the Government to provide information on the impact of Act No. 1/07 of 15 July 2016 revising the Forestry Code, which provides that the rational and balanced management of forests is based, inter alia, on the principle of participation by the grassroots communities, and on the exercise of traditional activities by the Batwa on the land where they live.

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

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

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

Repetition

The Committee takes note of the observations of 26 September 2014 submitted by the Trade Union Confederation of Burundi (COSYBU) reiterating its observations of 30 August 2013, indicating that when wages are fixed, there is no comparison of occupations and the social partners have not been associated with the job classification study currently under way as part of the national policy on administrative reform. The Committee requests the Government to provide information on the matters raised by COSYBU.

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to 4,500 Burundian francs (BIF)), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, BIF20,000 and BIF29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistics. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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

Repetition

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

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

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

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

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

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

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

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

Repetition

The Committee notes the observations communicated on 26 September 2014 by the Trade Union Confederation of Burundi (COSYBU) that reiterate its previous observations, according to which, as the Committee requests, section 73 of the Labour Code should be amended so as to reflect fully the principle of the Convention.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that according to article 57 of the Constitution, “for equal qualifications, all persons, without discrimination, have a right to an equal wage for equal work” and that section 73 of the Labour Code provides that “in equal conditions of work, occupational qualification and output, the wage shall be equal for all workers, whatever their origin, sex, age”. For several years the Committee has stressed that these provisions do not give effect to the principle of equal remuneration for work of equal value laid down in Article 1(b) of the Convention. It recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It is essential to combating gender-based occupational segregation (which characterizes the labour market of almost all countries), since it allows for a broad comparison and includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work and also encompasses work that is of an entirely different nature but nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Committee also recalls that in its report for 2007, the Government indicated that there were no obstacles to incorporating the principle of the Convention into the national legislation. The Committee again asks the Government to take the necessary steps to ensure that article 57 of the Constitution and section 73 of the Labour Code are amended to align them with the Convention and to give full effect to the principle of equal remuneration for men and women for work of equal value, as set out in Article 1(b) of the Convention. The Government is asked to provide information on any measures taken in this regard.

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

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

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

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

Repetition

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

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

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

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

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

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

The Committee takes note of the observations of 26 September 2014 submitted by the Trade Union Confederation of Burundi (COSYBU) reiterating its observations of 30 August 2013, indicating that when wages are fixed, there is no comparison of occupations and the social partners have not been associated with the job classification study currently under way as part of the national policy on administrative reform. The Committee requests the Government to provide information on the matters raised by COSYBU.

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

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to 4,500 Burundian francs (BIF)), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, BIF20,000 and BIF29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistics. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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

Repetition

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

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

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

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

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

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

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

The Committee notes the observations communicated on 26 September 2014 by the Trade Union Confederation of Burundi (COSYBU) that reiterate its previous observations, according to which, as the Committee requests, section 73 of the Labour Code should be amended so as to reflect fully the principle of the Convention.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that according to article 57 of the Constitution, “for equal qualifications, all persons, without discrimination, have a right to an equal wage for equal work” and that section 73 of the Labour Code provides that “in equal conditions of work, occupational qualification and output, the wage shall be equal for all workers, whatever their origin, sex, age”. For several years the Committee has stressed that these provisions do not give effect to the principle of equal remuneration for work of equal value laid down in Article 1(b) of the Convention. It recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It is essential to combating gender-based occupational segregation (which characterizes the labour market of almost all countries), since it allows for a broad comparison and includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work and also encompasses work that is of an entirely different nature but nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Committee also recalls that in its report for 2007, the Government indicated that there were no obstacles to incorporating the principle of the Convention into the national legislation. The Committee again asks the Government to take the necessary steps to ensure that article 57 of the Constitution and section 73 of the Labour Code are amended to align them with the Convention and to give full effect to the principle of equal remuneration for men and women for work of equal value, as set out in Article 1(b) of the Convention. The Government is asked to provide information on any measures taken in this regard.

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

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

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

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

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

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

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

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

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

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

The Committee takes note of the observations of 30 August 2013 submitted by the Trade Union Confederation of Burundi (COSYBU) on the application of the Convention, indicating that when wages are fixed, there is no comparison of occupations and the social partners have not been associated with the job classification study currently under way as part of the national policy on administrative reform. The Committee requests the Government to provide information on the matters raised by COSYBU.

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

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to 4,500 Burundian Francs (BIF)), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, BIF20,000 and BIF29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistics. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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

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

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

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

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

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

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

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

The Committee notes the observations of 30 August 2013 submitted by the Trade Union Confederation of Burundi (COSYBU) on the application of the Convention, emphasizing, as has the Committee, that section 73 of the Labour Code needs to be amended so as to reflect fully the principle of the Convention. The Committee once more notes with regret that the Government’s report has not been received.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that according to article 57 of the Constitution, “for equal qualifications, all persons, without discrimination, have a right to an equal wage for equal work” and that section 73 of the Labour Code provides that “in equal conditions of work, occupational qualification and output, the wage shall be equal for all workers, whatever their origin, sex, age”. For several years the Committee has stressed that these provisions do not give effect to the principle of equal remuneration for work of equal value laid down in Article 1(b) of the Convention. It recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It is essential to combating gender-based occupational segregation (which characterizes the labour market of almost all countries), since it allows for a broad comparison and includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work and also encompasses work that is of an entirely different nature but nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Committee also recalls that in its report for 2007, the Government indicated that there were no obstacles to incorporating the principle of the Convention into the national legislation. The Committee again asks the Government to take the necessary steps to ensure that article 57 of the Constitution and section 73 of the Labour Code are amended to align them with the Convention and to give full effect to the principle of equal remuneration for men and women for work of equal value, as set out in Article 1(b) of the Convention. The Government is asked to provide information on any measures taken in this regard.

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

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

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

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

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

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

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

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

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

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

Repetition

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

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

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

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

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

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

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

Repetition

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to 4,500 Burundian Francs (BIF)), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, BIF20,000 and BIF29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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

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

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

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

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

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

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

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

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

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

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

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

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

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

Repetition

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to FBU4,500), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, FBU20,000 and FBU29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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

Repetition

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

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

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

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

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

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

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

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

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

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

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

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

Repetition

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

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

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

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

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

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

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

Article 1(b) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(b) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to FBU4,500), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, FBU20,000 and FBU29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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

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

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

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

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

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

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

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

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

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

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 1(b) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(b) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub‑Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to FBU4,500), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, FBU20,000 and FBU29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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

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

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

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

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

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

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

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

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

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

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

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

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

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

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

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

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

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

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

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

Article 1(b) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(b) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub‑Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to FBU4,500), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, FBU20,000 and FBU29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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

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

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

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

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

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

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

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

The Committee notes the Government’s report along with the information provided in response to the submission of the International Confederation of Free Trade Unions (ICFTU).

1. Article 1(a) of the Convention. With regard to articles 80 and 84 of the Social Security Code of 1999 and the payment of family allowances, the Committee notes from the Government’s report that the family allowance fund has not yet been established. Once in place, however, the Government indicates that disbursements will be given to men and women without distinction. In the meantime, the Committee asks the Government to indicate how it ensures that the practice of paying family allowances to the head of the household does not adversely affect women in the receipt of employment-related benefits such as allowances. The Committee also requests information regarding when the family allowance fund will be established and what steps have been taken in that regard.

2. Further to the previous point, the Committee recalls article 15(f) of the Labour Code which excludes from the definition of wage or remuneration family benefits as well as other advantages in kind and reimbursement of costs. It notes the Government’s statement in this regard that there is no sex-based discrimination under national law pertaining to the reimbursement of costs or other advantages. The Committee asks the Government to indicate how it ensures that no discrimination on the grounds of sex is committed in practice with regard to other advantages and reimbursement of costs, and whether it has any intention of amending the legislation to bring the definition of remuneration into conformity with Article 1(a) of the Convention.

3. Article 1(b). The Committee notes the adoption of the new Constitution (approved by referendum in February 2005) and in particular article 57 which states that equally competent persons have the right to equal pay for equal work, without discrimination. Recalling its previous comment on article 73 of the Labour Code, the Committee notes the Government’s statement that it has not evaluated its national legislation in light of Convention No. 100. Noting that neither article 57 of the Constitution, nor article 73 of the Labour Code are in conformity with the principle of equal remuneration as set out in Article 1(b) of the Convention, the Committee again urges the Government to incorporate fully the principle of equal remuneration into law, not only for equal or the same work but also for work of equal value, and to report on any such changes.

4. Equal remuneration in the public service. The Committee notes the adoption of Act No. 1/28 of 23 August 2006 regarding the general status of public servants. It notes that article 6(1) guarantees every civil servant equal opportunity and treatment – including with regard to remuneration – without discrimination on the basis of sex. Chapter 5 of the Act sets out the rules covering remuneration, bonuses and allowances, stating in article 42(4) that public servants of the same grade and step shall receive the same base salary. Noting that the principle of equal remuneration for work of equal value is not explicitly reproduced in the Act, the Committee asks the Government to indicate how it is ensured in practice in the public service. In this respect, the Committee again asks the Government to collect and transmit detailed statistical information on the composition of the public service including the number of men and women employed in the various grades and steps, with an indication of their corresponding posts and salaries. Please also forward the current wage scales in effect for the public service and indicate whether any objective job evaluation or gender analysis was undertaken in their preparation.

5. Further to the previous point, the Committee recalls the Government’s indication that education is the only criterion used in the classification of posts and the determination of grades. While noting the positive developments with regard to women in positions of responsibility in government institutions, the Committee reminds the Government that, although the level of education may appear to be a neutral factor, it may in practice be applied differently between men and women. It draws the Government’s attention in this regard to the tables prepared by the Forum for African Women Educationalists (FAWE) showing the low school enrolment rates of girls as compared to boys. It also notes the ICFTU’s allegation that women are disproportionately under-represented in senior positions and that women in rural areas have less access to education than men. In response, the Government indicates that the sectoral policy of the Ministry of National Education currently being implemented is working to achieve equal enrolment of boys and girls. The Committee asks the Government to provide information on how it ensures that the current inequalities in educational opportunities between men and women do not adversely affect equal remuneration in the public sector or access to positions of seniority given that education is the sole criterion used in job evaluation.

6. Article 2. Determination of wages in the private sector. The Committee notes the Government’s indication that there has been no progress made in the adoption of agreements setting minimum wages at the sectoral level. Recalling the Government’s statement that Ministerial Order No. 650/11 of 30 April 1988 is considered outdated and that the social partners also consider it necessary to update the provisions of the Order, the Government is asked to keep the Committee informed on any progress in this respect. The Committee also looks forward to receiving the information on minimum wages paid by each enterprise referred to in the Government’s report. Please also provide statistics where possible for the private sector on the salaries and level of responsibility of men and women for all the sectors of the economy and in all categories of employment.

7. Article 3. Objective appraisal of jobs. The Committee reminds the Government that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt an objective technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. In this regard, it recalls the importance for both the Government and the Committee to have information on the positions and wages of men and women in all categories of employment, both between the sectors of economic activity and within them, in order to assess the application of the Convention. The Committee again asks the Government to indicate what methods have been adopted to promote an objective evaluation of jobs on the basis of the work to be performed so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage fixing or review process.

8. Parts III and IV of the report form. The Government reports that, although the labour inspectorate is responsible for ensuring respect for the principle of equal remuneration, it lacks adequate resources to monitor the situation. The Government further adds that there have been no equal pay complaints lodged with the inspectorate. The Committee reminds the Government that a lack of complaints does not necessarily indicate that pay inequality does not exist in practice. It therefore asks what measures the Government is taking to raise public awareness about the issue of equal remuneration for work of equal value and to sensitize workers to the availability of a complaints mechanism. Taking into account the limited resources available to the labour inspectorate, the Committee asks the Government to indicate what measures it is considering or implementing to strengthen the supervision of equal remuneration for work of equal value through, for example, targeted training for labour inspectors or the greater involvement of workers and employers in the inspection process. Please also continue to provide information on the work of the labour inspectorate concerning the principle of equal remuneration along with the nature and number of complaints received and any action taken as a result.

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

The Committee welcomes the detailed information provided by the Government in its report. It also recalls the communication submitted by the International Confederation of Free Trade Unions (ICFTU) and notes the information provided by the Government in response.

1. Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes with interest the adoption of the new Constitution and its approval by referendum on 28 February 2005. It notes in particular that article 22 of the Constitution forbids discrimination based of an individual’s origin, race, ethnicity, sex, colour, language, social situation, religious, philosophical or political convictions, physical or mental handicap or because they are suffering from HIV/AIDS or any other incurable disease. It notes in addition that the Government adopted Act No. 1/018 of 12 May 2005, which provides special protection from discrimination on the basis of HIV/AIDS in the context of work. The Committee invites the Government to clarify whether article 22 of the Constitution covers the grounds of national extraction and social origin as listed in Article 1(1)(a) of the Convention. Please also indicate the measures adopted or envisaged to ensure the application of the rights set out in article 22.

2. Sexual harassment. The Committee notes the Government’s indication that in the context of the Labour Code’s revision, tripartite consultations on the issue of sexual harassment will be held for those sectors governed by the Code. It also notes that in the public sector, the matter will be submitted to the High Council of the Public Service for consideration. Recalling its general observation of 2002 concerning sexual harassment and noting the Government’s objective to address violence against women under its national gender policy, the Committee asks the Government to keep it informed of the developments resulting from the abovementioned consultations and to continue to provide information on the measures taken or contemplated to prevent and address sexual harassment in private and public sector employment. Please also include information on any developments pertaining to the revision of the Labour Code with regard to prohibiting sexual harassment in employment and occupation.

3. Discrimination on the basis of sex. The Committee notes the Government’s indication that while section 122 of the Labour Code prohibits employers from terminating a women’s contract while she is on maternity leave, in reality, such practices nonetheless occur in the private sector and among NGOs. The Government states that in its efforts to counter this practice, the labour inspectorate will undertake activities to sensitize individuals who are the victims of such treatment and encourage them to take legal action to seek compensation. In addition, the Government states that the setting up of a maternity insurance scheme in the private sector, through which half of the worker’s salary would be paid, will help prevent situations of discrimination against women on maternity leave. The Committee asks the Government to keep it informed of the creation and functioning of a maternity insurance scheme in the private sector. It also asks for information on the progress and results of the labour inspectorate’s sensitization activities as well as on the number and outcome of cases brought by women whose employment contracts have been terminated while on maternity leave. Please also include information on the role of the labour inspectorate in the application of the Convention with regard to grounds of discrimination other than sex.

4. The Committee notes from the detailed statistics in the Government’s report the increased participation of women in government institutions, including in positions of authority. It likewise notes the provisions of the country’s new Constitution guaranteeing that 30 per cent of the positions in the Government, National Assembly and Senate must be occupied by women. With regard to the private sector, the findings of the Report on Gender Integration in the Burundi Labour Market show that, in 2002, women represented only a small fraction of the active workforce. In addition, the Committee notes the Government’s indication that the promotion of women in the private sector to management positions is rare – a claim echoed by the ICFTU’s submission that women are disproportionately under-represented in senior positions. Noting with interest the adoption of the national gender policy in 2003 and its corresponding Plan of Action for
2004-08, the Committee asks the Government for information on the measures taken under this policy and the results achieved towards greater equality of opportunity for women in the labour market generally, as well as in positions of responsibility in the public and private sectors. To help measure progress in this regard, the Committee asks the Government to provide up to date statistics on the distribution of men and women in the various sectors, occupations and positions of responsibility in the public and private sectors.

5. Education and training. The Committee notes the figures included in the Government’s report on school enrolment rates for boys and girls prepared by the Forum for African Women Educationalists (FAWE). From this data, the Committee notes that during the 2001-02 school year, the national average enrolment rate for girls (58.9 per cent) was 26 per cent lower than the enrolment rate for boys (84.9 per cent). According to FAWE’s findings, this disparity in access to education was even more pronounced between regions in the country. In this context, the Committee recalls the comments submitted by the ICFTU stating that discrimination against women persists in Burundi, particularly in rural areas where women do not have the same access to education as men. The Government acknowledges that difficulties tied to the education of girls is an obstacle preventing women from flourishing in the labour market. In response, the Government points to the sectoral policy developed by the Ministry of Social Action and the Promotion of Women for 2002-04 addressing the issue of female education. The Committee notes that the objectives of this policy include guaranteeing equal access for men and women to all levels of education, reducing illiteracy among women and improving the socio-cultural status of uneducated girls. The Committee asks the Government to provide information on the outcomes of the action taken under this policy with respect to equal access to education and training for women, especially in rural areas. It also requests information on what further measures the Ministry of Social Action and the Promotion of Women has taken or is planning to promote equal opportunity for women in employment and occupation, including information on the Support Project for the Promotion of Gender Equality. Please also provide details on the implementation and results of the education and training initiatives under the Government’s national gender policy.

6. The Committee notes the Government’s information on the Vocational Training and Development Centres (CPF). The statistics provided for the CPF in Nyakabiga show that few women graduate from programmes such as auto mechanics, information technology, construction and carpentry (in 2005, only two out of a total of 86 graduates were women). Recalling the initiatives under the national gender policy with regard to education and training, the Committee asks the Government to indicate the progress achieved in encouraging women to pursue occupations traditionally held by men. It further asks the Government to include statistics in its next report on the ethnic origin and sex of the participants enrolled in the CPF training centres.

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

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

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

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

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

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

1. The Committee notes the information provided by the Government in reply to the observations of the International Confederation of Free Trade Unions (ICFTU) dated 23 March 2003. It will examine this information at its next session.

2. Article 1(a). With respect to its previous comments concerning the limited scope of the definition of remuneration in section 15(f) of the 1993 Labour Code, which excludes family benefits as well as other advantages in kind and reimbursement of costs, the Committee notes the Government’s statement that family allowances are paid to the head of the household and to the wife if the husband does not work. The Government also adds that pursuant to sections 80 and 84 of the Social Security Code of 1999, these allowances will by paid through a social security regime as soon as the Family Allowance Fund is put in place. The Committee wishes to point out that the designation of the husband as the head of household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. The Committee therefore hopes that, in order to bring the law and practice into greater conformity with the Convention, the new Family Allowances Fund, once in place, will grant equal entitlement to men and women to receive family allowances, rather than starting from the principle that they should systematically be paid to the husband, and only in exceptional cases to the wife. It also asks the Government to indicate how it ensures that no discrimination on the ground of sex is committed with regard to other advantages and reimbursement of costs, and whether it has any intention to amend its legislation to bring it into greater conformity with the Convention.

3. Article 1(b). With reference to its previous comments concerning article 26 of the Constitution and section 73 of the Labour Code, which set forth the principle of equal remuneration for equal work, the Committee notes the Government’s statement that the formulation of section 73 of the Labour Code could be revised in line with the provisions of the Convention. It urges the Government to amend the said legislation, incorporating the principle of equal remuneration not only for identical work but also for different work of equal value, and to report on any such changes.

4. Article 2. With regard to the application of the Convention in the public service, the Committee notes the Government’s indication that the level of education is the only criterion used for the classification of posts and the determination of grades and steps. The Government further indicates that if the public service does not take into account the principle of the Convention, this should be rectified, although the problem does not exist in practice. The Committee wishes to point out that while the level of education may appear to be a neutral factor, it may in practice be applied differently between men and women. In this regard, it refers to the ICFTU’s allegation that women face discrimination in education. Also, wage classification structures which are not based on objective job evaluations may play a part in inequalities in remuneration between men and women. The Committee therefore asks the Government to provide information on the number of men and women employed in the various grades and steps in the public service, with an indication of the posts corresponding to these steps and grades as well as their corresponding salaries.

5. Article 3. With reference to its previous comments concerning the existence of objective job evaluation methods and the need for specific information on the progress of the application of the Convention, the Committee notes the Government’s statement that there does not yet exist such an objective job evaluation method nor any statistical data that allow this to happen. The Committee wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee asks the Government to indicate the measures taken to ensure that the objective of equal remuneration for men and women for work of equal value is achieved in any wage fixing or review process, such as, for example, through the undertaking of a gender analysis.

6. Further to the above, the Committee also draws the attention of the Government to the need for both the Government and the Committee to have specific information, in particular statistical data on the positions and wages of men and women in all categories of employment, both between the economic activity sectors and within them, in order to assess adequately the situation in regard to the application of the Convention. The Committee hopes that the Government will be in a position to provide more complete information in this regard.

7. The Committee notes the Government’s statement that the Ministerial Order No. 650/11 of 30 April 1988 is considered outdated and that for that reason employers pay wages beyond the statutory minimum wages. It further notes that the social partners also consider it necessary to update the provisions of the Order. Noting that no national employment agreements setting minimum wages have yet been adopted per sector pursuant to the inter-occupational agreement of 3 April 1980, the Committee asks the Government to continue to provide information of any progress made in the adoption of agreements setting minimum wages at sector level and to provide information on the wages paid beyond the minimum wage to men and women in the sectors covered by the 1988 Order. Please also indicate the manner in which cooperation with the employers’ and the workers’ organizations is effected for other aspects of application of the Convention.

8. The Committee notes the statement by the Government that no equal pay violation has been noted by the labour inspectorate and that no complaint has been lodged by employees to the Labour Tribunal. The Government is requested to continue to supply information on the supervision effected by the labour inspection services, particularly on the nature and number of violations and complaints noted and any action taken in respect of them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the information provided by the Government in reply to the observations of the International Confederation of Free Trade Unions (ICFTU) dated 23 March 2003. It will examine this information at its next session. 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:

2. Article 1(a). With respect to its previous comments concerning the limited scope of the definition of remuneration in section 15(f) of the 1993 Labour Code, which excludes family benefits as well as other advantages in kind and reimbursement of costs, the Committee notes the Government’s statement that family allowances are paid to the head of the household and to the wife if the husband does not work. The Government also adds that pursuant to sections 80 and 84 of the Social Security Code of 1999, these allowances will by paid through a social security regime as soon as the Family Allowance Fund is put in place. The Committee wishes to point out that the designation of the husband as the head of household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. The Committee therefore hopes that, in order to bring the law and practice into greater conformity with the Convention, the new Family Allowances Fund, once in place, will grant equal entitlement to men and women to receive family allowances, rather than starting from the principle that they should systematically be paid to the husband, and only in exceptional cases to the wife. It also asks the Government to indicate how it ensures that no discrimination on the ground of sex is committed with regard to other advantages and reimbursement of costs, and whether it has any intention to amend its legislation to bring it into greater conformity with the Convention.

3. Article 1(b). With reference to its previous comments concerning article 26 of the Constitution and section 73 of the Labour Code, which set forth the principle of equal remuneration for equal work, the Committee notes the Government’s statement that the formulation of section 73 of the Labour Code could be revised in line with the provisions of the Convention. It urges the Government to amend the said legislation, incorporating the principle of equal remuneration not only for identical work but also for different work of equal value, and to report on any such changes.

4. Article 2. With regard to the application of the Convention in the public service, the Committee notes the Government’s indication that the level of education is the only criterion used for the classification of posts and the determination of grades and steps. The Government further indicates that if the public service does not take into account the principle of the Convention, this should be rectified, although the problem does not exist in practice. The Committee wishes to point out that while the level of education may appear to be a neutral factor, it may in practice be applied differently between men and women. In this regard, it refers to the ICFTU’s allegation that women face discrimination in education. Also, wage classification structures which are not based on objective job evaluations may play a part in inequalities in remuneration between men and women. The Committee therefore asks the Government to provide information on the number of men and women employed in the various grades and steps in the public service, with an indication of the posts corresponding to these steps and grades as well as their corresponding salaries.

5. Article 3. With reference to its previous comments concerning the existence of objective job evaluation methods and the need for specific information on the progress of the application of the Convention, the Committee notes the Government’s statement that there does not yet exist such an objective job evaluation method nor any statistical data that allow this to happen. The Committee wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee asks the Government to indicate the measures taken to ensure that the objective of equal remuneration for men and women for work of equal value is achieved in any wage fixing or review process, such as, for example, through the undertaking of a gender analysis.

6. Further to the above, the Committee also draws the attention of the Government to the need for both the Government and the Committee to have specific information, in particular statistical data on the positions and wages of men and women in all categories of employment, both between the economic activity sectors and within them, in order to assess adequately the situation in regard to the application of the Convention. The Committee hopes that the Government will be in a position to provide more complete information in this regard.

7. The Committee notes the Government’s statement that the Ministerial Order No. 650/11 of 30 April 1988 is considered outdated and that for that reason employers pay wages beyond the statutory minimum wages. It further notes that the social partners also consider it necessary to update the provisions of the Order. Noting that no national employment agreements setting minimum wages have yet been adopted per sector pursuant to the inter-occupational agreement of 3 April 1980, the Committee asks the Government to continue to provide information of any progress made in the adoption of agreements setting minimum wages at sector level and to provide information on the wages paid beyond the minimum wage to men and women in the sectors covered by the 1988 Order. Please also indicate the manner in which cooperation with the employers’ and the workers’ organizations is effected for other aspects of application of the Convention.

8. The Committee notes the statement by the Government that no equal pay violation has been noted by the labour inspectorate and that no complaint has been lodged by employees to the Labour Tribunal. The Government is requested to continue to supply information on the supervision effected by the labour inspection services, particularly on the nature and number of violations and complaints noted and any action taken in respect of them.

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

1. The Committee notes the comments from the International Confederation of Free Trade Unions (ICFTU) dated 26 March 2003, alleging that discrimination persists despite its prohibition in the Constitution and that equal remuneration is mandated by law but not obtained in practice. They further point out that women face particular discrimination with regard to their access to senior positions and in education. The ICFTU comments have been sent to the Government for its observations thereon and the Committee will examine them, together with the Government’s reply at its next session.

2. Article 1(a). With respect to its previous comments concerning the limited scope of the definition of remuneration in section 15(f) of the 1993 Labour Code, which excludes family benefits as well as other advantages in kind and reimbursement of costs, the Committee notes the Government’s statement that family allowances are paid to the head of the household and to the wife if the husband does not work. The Government also adds that pursuant to sections 80 and 84 of the Social Security Code of 1999, these allowances will by paid through a social security regime as soon as the Family Allowance Fund is put in place. The Committee wishes to point out that the designation of the husband as the head of household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. The Committee therefore hopes that, in order to bring the law and practice into greater conformity with the Convention, the new Family Allowances Fund, once in place, will grant equal entitlement to men and women to receive family allowances, rather than starting from the principle that they should systematically be paid to the husband, and only in exceptional cases to the wife. It also asks the Government to indicate how it ensures that no discrimination on the ground of sex is committed with regard to other advantages and reimbursement of costs, and whether it has any intention to amend its legislation to bring it into greater conformity with the Convention.

3. Article 1(b). With reference to its previous comments concerning article 26 of the Constitution and section 73 of the Labour Code, which set forth the principle of equal remuneration for equal work, the Committee notes the Government’s statement that the formulation of section 73 of the Labour Code could be revised in line with the provisions of the Convention. It urges the Government to amend the said legislation, incorporating the principle of equal remuneration not only for identical work but also for different work of equal value, and to report on any such changes.

4. Article 2. With regard to the application of the Convention in the public service, the Committee notes the Government’s indication that the level of education is the only criterion used for the classification of posts and the determination of grades and steps. The Government further indicates that if the public service does not take into account the principle of the Convention, this should be rectified, although the problem does not exist in practice. The Committee wishes to point out that while the level of education may appear to be a neutral factor, it may in practice be applied differently between men and women. In this regard, it refers to the ICFTU’s allegation that women face discrimination in education. Also, wage classification structures which are not based on objective job evaluations may play a part in inequalities in remuneration between men and women. The Committee therefore asks the Government to provide information on the number of men and women employed in the various grades and steps in the public service, with an indication of the posts corresponding to these steps and grades as well as their corresponding salaries.

5. Article 3. With reference to its previous comments concerning the existence of objective job evaluation methods and the need for specific information on the progress of the application of the Convention, the Committee notes the Government’s statement that there does not yet exist such an objective job evaluation method nor any statistical data that allow this to happen. The Committee wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee asks the Government to indicate the measures taken to ensure that the objective of equal remuneration for men and women for work of equal value is achieved in any wage fixing or review process, such as, for example, through the undertaking of a gender analysis.

6. Further to the above, the Committee also draws the attention of the Government to the need for both the Government and the Committee to have specific information, in particular statistical data on the positions and wages of men and women in all categories of employment, both between the economic activity sectors and within them, in order to assess adequately the situation in regard to the application of the Convention. The Committee hopes that the Government will be in a position to provide more complete information in this regard.

7. The Committee notes the Government’s statement that the Ministerial Order No. 650/11 of 30 April 1988 is considered outdated and that for that reason employers pay wages beyond the statutory minimum wages. It further notes that the social partners also consider it necessary to update the provisions of the Order. Noting that no national employment agreements setting minimum wages have yet been adopted per sector pursuant to the inter-occupational agreement of 3 April 1980, the Committee asks the Government to continue to provide information of any progress made in the adoption of agreements setting minimum wages at sector level and to provide information on the wages paid beyond the minimum wage to men and women in the sectors covered by the 1988 Order. Please also indicate the manner in which cooperation with the employers’ and the workers’ organizations is effected for other aspects of application of the Convention.

8. The Committee notes the statement by the Government that no equal pay violation has been noted by the labour inspectorate and that no complaint has been lodged by employees to the Labour Tribunal. The Government is requested to continue to supply information on the supervision effected by the labour inspection services, particularly on the nature and number of violations and complaints noted and any action taken in respect of them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the information supplied by the Government in its first report on the application of the Convention. It asks the Government to supply details in its next report on the following points.

1.  Article 1(a) of the Convention.  The Committee notes that the scope of the definition of remuneration in section 15(f) of the 1993 Labour Code seems more restricted than that of the Convention, which is couched in the broadest possible terms so as to ensure that equality will not be limited to the basic or ordinary wage or salary, nor restricted in any way whatsoever by terminological distinctions. Remuneration as defined in the Burundi Labour Code excludes family benefits as well as other advantages in kind and reimbursement of costs. The Committee asks the Government to indicate the methods by which it guarantees that no discrimination on the ground of sex is committed concerning payment of these advantages.

2.  Article 1(b).  The Committee notes article 36 of the Constitution and section 73 of the Labour Code which set forth the principle of equal remuneration for equal work. It notes that the principle thus laid down in these two instruments seems to have a more restricted scope than in the Convention which makes the comparison on the basis of the value of the work, not simply comparing identical or similar work. The Committee asks the Government to indicate whether it envisages amending or supplementing its legislation in order to incorporate the principle of equality of remuneration, not only for identical work but also for different work of comparable value, which could be done by setting up machinery for objective evaluation of work.

3.  Article 2.  The Committee notes that remuneration of civil servants is determined as a function of their grade and step (section 95 of Legislative Decree No. 1/009 of June 1998). It asks the Government to indicate the criteria which are used for classification of posts and determination of their grade and step in the civil service. It also asks the Government to indicate how application of the principle of the Convention is ensured in the civil service, given that Legislative Decree No. 1/009 contains no provisions prohibiting discrimination on the ground of sex. For workers governed by the Labour Code, wages are fixed freely by bargaining between employers and workers (section 74 of the Labour Code, 1993). Under Article 2 of the Convention, a State having ratified the Convention has an obligation to promote application of the Convention when it does not intervene in determining wages. The Committee asks the Government to supply in its future reports information on the measures taken or envisaged to promote application of the principle of equal remuneration for work of equal value in the undertakings covered by the Labour Code.

4.  Article 3.  The Committee asks the Government to indicate whether objective evaluation methods for jobs existing in the country are used in Burundi and, if so, which. The Committee also asks the Government to provide in its future reports specific information on the progress of application of the Convention in the country. In fact, in order to assess adequately the situation in regard to application of the Convention and the nature, extent and causes of wage differences between men and women, as well as progress made in application of the principle of the Convention, it is essential that both the Government and the Committee have specific information, in particular statistical data on the positions and wages of men and women in all categories of employment, both between the economic activity sectors and within them.

5.  Article 4.  The Committee notes the Government’s indication to the effect that fixing of the guaranteed inter-occupational minimum wage (SMIG) is achieved in consultation with employers’ and workers’ organizations and that, by virtue of the national inter-occupational collective labour Agreement of 3 April 1980, minimum wage rates are fixed by category and by step, by national, regional or local labour agreements or by enterprise agreements. The most recent Ministerial Order adopted on the subject is No. 650/11 of 30 April 1988. The Committee asks the Government to indicate which workers are covered by the SMIG and to send it copies of the national employment agreements setting minimum wages by sector. It also asks it to indicate the manner in which cooperation with employers’ and workers’ organizations is effected for other aspects of application of the Convention.

6.  Parts III and V of the report form.  The Committee notes the Government’s statement to the effect that no violation has been noted and no complaint lodged concerning application of the Convention. It asks the Government to continue to supply information on the supervision effected by the labour inspection services, particularly on the number and nature of violations noted and any action taken in respect of them.

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

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

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

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

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

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

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

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

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

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

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