Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Burundi (Ratification: 1993)

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.