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.