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

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 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.