CMNT_TITLE

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

Other comments on C111

Observation

Direct Request

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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.