CMNT_TITLE

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

Other comments on C111

Observation

Direct Request

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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.