National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
A Government representative, referring to the report of the Committee of Experts, said that the form that had had to be filled in by the dismissed teachers was an administrative form designed to permit their re-instatement and not to learn their political opinions. The fact that, within its administration, the Government had civil servants who did not share the views of the revolutionary regime proved that it did not practise discrimination. The brief form did not contain items relating to professional qualifications, since this related to former officials whose files were at the Ministry of Labour, Social Security and Public Service. The circular sent by the Minister of Education prohibiting the employment of striking teachers in private institutions had been declared ineffective-a fact which the ILO mission in September 1986 had been able to verify upon its visit to the country. The mission had been informed of the number of striking teachers who wished to be reinstated in the public service, the number of those who had already been reinstated gradually and the number of those who had found employment in the private sector. The Government would make every effort to reinstate the teachers and hoped to be able shortly to communicate a list of the teachers who had been reinstated.
The Workers' members expressed their satisfaction concerning the very interesting information supplied by the Government representative, which gave the reply the Committee of Experts and the Conference Committee had awaited-namely, that the striking teachers were in the process of being reinstated and that, in addition, the Government was anxious not to turn out those who had replaced them. When a legal strike took place, the Government had to accept it, since, by taking discriminatory measures against strikers and replacing them by others, it violated the provisions of the Convention. It was still to be hoped that all the teachers who had gone on strike would be reinstated and that when strikes occurred in future, no penalty of that type would be imposed. The Government ought to be requested to report in detail on the subject.
The Worker member of France asked whether the figures on the number of dismissed and reinstated teachers which the Government stated that it had transmitted to the Office could not also be communicated to the present Committee, which also wished to know how many teachers had applied for reinstatement.
The Employers' members noted that, in its report, the Committee of Experts had stated that the application form in question contained sections relating to the political opinions of the persons concerned. The Government representative, however, had affirmed that the sole purpose of the form was to provide the administration with information to permit their reinstatement. If that was in fact the case, the Government's objective was in conformity with that of the Committee of Experts and the procedure was fully compatible with the provisions of the Convention, and accordingly it should be possible to find a way to amend the forms. The Government representative had also indicated that his Government was willing to follow the recommendations of the Committee on Freedom of Association. In view of those very positive facts, the information supplied should be presented in a detailed report by the Government, so that the Conference Committee could evaluate the results in 1988.
The Government representative indicated that the figures on the number of strikers and the number of teachers who had expressed a wish to be reinstated were no doubt included in the report drawn up by the ILO mission. Nevertheless, he was in a position to state that, of the approximately 1,000 workers who had been dismissed, 800 had expressed a wish to be reinstated, and that around 400 of them had already been reinstated, including 350 in the public service. The Government would continue to do everything it could to ensure that all the workers concerned were gradually reinstated, and he would inform his Government on the various comments that had been made by the present Committee.
The Committee took note of the information supplied by the Government representative. It also noted that the problem mentioned in the comments made by the Committee of Experts related to serious discriminatory practices against the teachers who had participated in strikes. Nevertheless, the Committee hoped that the Government would take the necessary measures to ensure that the Convention was applied in that connection and that it would provide full information on this matter.
Previous comment
Repetition Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination in employment and occupation. Legislation. The Committee notes the adoption of Act No. 028-2008/AN of 3 May 2008 issuing the Labour Code. It notes that, like the former Labour Code of 2004, section 4 of the new Code prohibits any discrimination in employment or occupation and contains a definition of direct discrimination and indirect discrimination on the basis of the seven criteria listed in Article 1(1)(a) of the Convention. Moreover, the Committee notes that disability and pregnancy have been added to the list of prohibited grounds of discrimination (section 4(1) of the Labour Code), within the meaning of Article 1(1)(b) of the Convention. The Committee requests the Government to supply information on the application of section 4 of the Labour Code, including any administrative or judicial decision concerning discrimination in employment or occupation.Scope of protection. Exclusions. The Committee notes that section 3 of the Labour Code of 2008 excludes civil servants from the scope of the Labour Code. As regards protection against discrimination for these workers, the Committee notes that Act No. 013/98/AN of 28 April 1998 governing their status, as amended by Act No. 019/2005/AN, does not contain any provisions defining or explicitly prohibiting discrimination on the grounds listed in Article 1(1)(a) of the Convention. The Committee also notes that section 3 of the Code excludes “any worker governed by a specific law” from its scope. Recalling that the protection against discrimination provided for by the Convention extends to all workers in both the private and public sectors, the Committee requests the Government to take the necessary steps to ensure that any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin regarding access to vocational training or employment and also regarding terms and conditions of employment for civil servants is explicitly prohibited. The Committee also requests the Government to specify the category or categories of workers “governed by a specific law” who are not subject to the provisions of the Labour Code pursuant to section 3 thereof and to indicate the manner in which their protection against discrimination in employment and occupation is ensured.Sexual harassment. In its previous comments, the Committee noted that section 47 of the former Labour Code of 2004 appeared to cover only quid pro quo sexual harassment and it expressed the hope that the new Labour Code would contain provisions defining and prohibiting not only quid pro quo sexual harassment but also hostile environment sexual harassment. The Committee notes that the Government has not taken the opportunity provided by the adoption of the new Code in 2008 to introduce the concept of hostile environment sexual harassment, since section 37 of the new Labour Code covers only quid pro quo sexual harassment. With reference to its general observation of 2002 on sexual harassment, the Committee recalls that hostile environment sexual harassment may be defined as “conduct that creates an intimidating, hostile or humiliating working environment for the recipient”. The Committee requests the Government to take the necessary steps to amend section 37 of the Labour Code in order to ensure that workers are also protected against hostile environment sexual harassment and to supply information on the measures taken in this regard. The Committee also requests the Government to supply information on any specific measures taken to prevent and eliminate sexual harassment, in all its forms, and also information on any cases of sexual harassment dealt with by the competent authorities.Equality of opportunity and treatment between men and women. The Committee notes the information concerning the mid-term evaluation, undertaken at the end of December 2008, of the Action Plan for the Advancement of Women 2006–10, in the context of the implementation of the National Policy for the Advancement of Women. While noting that the Government provides detailed information in its report on the activities to be undertaken in order to achieve the six strategic objectives of the National Policy, the Committee observes that the report does not contain any information on the specific measures adopted and implemented for effectively promoting equality of opportunity and treatment between men and women, or on their impact on the situation of men and women in employment. However, the United Nations Committee observes that, according to the report submitted in 2009 by Burkina Faso to the Committee on the Elimination of Discrimination against Women, women are poorly represented in the private sector; in 2005, in all sectors combined, women accounted for 17 per cent and men for 83 per cent of persons regularly declared to the National Social Security Fund (CEDAW/C/BFA/6, 1 October 2009, paragraph 116). The Committee also notes the Government’s indication in the abovementioned report that private sector employers prefer to recruit men and justify that choice by citing their greater availability and their more specialized skills. Furthermore, the statistical data communicated in this report for 2005 show that substantial disparities in favour of men remain in the public service in terms of the number of civil servants and the posts occupied; women represented only 25.4 per cent of civil servants and only 19.7 per cent of senior management (category A). Women are more numerous in middle management because it is at this level that occupations traditionally performed by them are found. In view of the substantial gender disparities in employment and occupation, the Committee requests the Government to supply information on specific measures taken, especially in the context of the Action Plan for the Advancement of Women 2006–10, to increase women’s access to paid employment in the private sector and public service, including to managerial posts, and access to self-employment, especially in rural areas, and to reduce occupational segregation, including through education and vocational training. The Committee also requests the Government to indicate any action taken to combat stereotypes and gender bias regarding the respective roles of men and women in society, including measures aimed at enabling men and women to reconcile work and family responsibilities. The Committee requests the Government to supply statistical data on the situation of women and men in the various sectors of the economy and in the public service and also any available data on the distribution of men and women in the informal economy.Formulation and implementation of a national policy on equality irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee notes that the Government’s report does not contain any information in this respect. It recalls that a national policy in conformity with Articles 2 and 3 of the Convention should include, apart from legislative provisions, specific and practical measures to remedy existing inequalities on the basis of all the types of discrimination prohibited by the Convention, for example awareness raising regarding discrimination and equality and proactive measures. The Committee requests the Government to supply information on the specific measures taken to promote equality of opportunity and treatment in respect of employment and occupation, irrespective of race, colour, religion, political opinion, national extraction or social origin. Special protective measures for women. The Committee notes that section 142 of the Labour Code of 2008 provides that no woman worker may be assigned to work that may harm her reproductive capacity or, in the case of a pregnant woman, harm her health or that of the child. It also notes the adoption on 27 January 2010 of a Decree determining the types of work that are prohibited for pregnant women pursuant to the abovementioned section of the Labour Code. The Committee requests the Government to supply information on the application in practice of section 142 of the Labour Code concerning prohibited work for women, to state whether other implementing decrees have been adopted and to supply a copy of the Decree of 27 January 2010 determining the types of work that are prohibited for pregnant women.Enforcement. Labour inspection. The Committee requests the Government to supply information on the work of the labour inspectorate with regard to discrimination in employment and occupation, stating the number and nature of cases of discrimination detected during workplace inspections, the penalties imposed and the administrative or legal action taken further to these infringements.
Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination in employment and occupation. Legislation. The Committee notes the adoption of Act No. 028-2008/AN of 3 May 2008 issuing the Labour Code. It notes that, like the former Labour Code of 2004, section 4 of the new Code prohibits any discrimination in employment or occupation and contains a definition of direct discrimination and indirect discrimination on the basis of the seven criteria listed in Article 1(1)(a) of the Convention. Moreover, the Committee notes with interest that disability and pregnancy have been added to the list of prohibited grounds of discrimination (section 4(1) of the Labour Code), within the meaning of Article 1(1)(b) of the Convention. The Committee requests the Government to supply information on the application of section 4 of the Labour Code, including any administrative or judicial decision concerning discrimination in employment or occupation.
Scope of protection. Exclusions. The Committee notes that section 3 of the Labour Code of 2008 excludes civil servants from the scope of the Labour Code. As regards protection against discrimination for these workers, the Committee notes that Act No. 013/98/AN of 28 April 1998 governing their status, as amended by Act No. 019/2005/AN, does not contain any provisions defining or explicitly prohibiting discrimination on the grounds listed in Article 1(1)(a) of the Convention. The Committee also notes that section 3 of the Code excludes “any worker governed by a specific law” from its scope. Recalling that the protection against discrimination provided for by the Convention extends to all workers in both the private and public sectors, the Committee requests the Government to take the necessary steps to ensure that any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin regarding access to vocational training or employment and also regarding terms and conditions of employment for civil servants is explicitly prohibited. The Committee also requests the Government to specify the category or categories of workers “governed by a specific law” who are not subject to the provisions of the Labour Code pursuant to section 3 thereof and to indicate the manner in which their protection against discrimination in employment and occupation is ensured.
Sexual harassment. In its previous comments, the Committee noted that section 47 of the former Labour Code of 2004 appeared to cover only quid pro quo sexual harassment and it expressed the hope that the new Labour Code would contain provisions defining and prohibiting not only quid pro quo sexual harassment but also hostile environment sexual harassment. The Committee notes that the Government has not taken the opportunity provided by the adoption of the new Code in 2008 to introduce the concept of hostile environment sexual harassment, since section 37 of the new Labour Code covers only quid pro quo sexual harassment. With reference to its general observation of 2002 on sexual harassment, the Committee recalls that hostile environment sexual harassment may be defined as “conduct that creates an intimidating, hostile or humiliating working environment for the recipient”. The Committee requests the Government to take the necessary steps to amend section 37 of the Labour Code in order to ensure that workers are also protected against hostile environment sexual harassment and to supply information on the measures taken in this regard. The Committee also requests the Government to supply information on any specific measures taken to prevent and eliminate sexual harassment, in all its forms, and also information on any cases of sexual harassment dealt with by the competent authorities.
Equality of opportunity and treatment between men and women. The Committee notes the information concerning the mid-term evaluation, undertaken at the end of December 2008, of the Action Plan for the Advancement of Women 2006–10, in the context of the implementation of the National Policy for the Advancement of Women. While noting that the Government provides detailed information in its report on the activities to be undertaken in order to achieve the six strategic objectives of the National Policy, the Committee observes that the report does not contain any information on the specific measures adopted and implemented for effectively promoting equality of opportunity and treatment between men and women, or on their impact on the situation of men and women in employment. However, the United Nations Committee observes that, according to the report submitted in 2009 by Burkina Faso to the Committee on the Elimination of Discrimination against Women, women are poorly represented in the private sector; in 2005, in all sectors combined, women accounted for 17 per cent and men for 83 per cent of persons regularly declared to the National Social Security Fund (CEDAW/C/BFA/6, 1 October 2009, paragraph 116). The Committee also notes the Government’s indication in the abovementioned report that private sector employers prefer to recruit men and justify that choice by citing their greater availability and their more specialized skills. Furthermore, the statistical data communicated in this report for 2005 show that substantial disparities in favour of men remain in the public service in terms of the number of civil servants and the posts occupied; women represented only 25.4 per cent of civil servants and only 19.7 per cent of senior management (category A). Women are more numerous in middle management because it is at this level that occupations traditionally performed by them are found. In view of the substantial gender disparities in employment and occupation, the Committee requests the Government to supply information on specific measures taken, especially in the context of the Action Plan for the Advancement of Women 2006–10, to increase women’s access to paid employment in the private sector and public service, including to managerial posts, and access to self-employment, especially in rural areas, and to reduce occupational segregation, including through education and vocational training. The Committee also requests the Government to indicate any action taken to combat stereotypes and gender bias regarding the respective roles of men and women in society, including measures aimed at enabling men and women to reconcile work and family responsibilities. The Committee requests the Government to supply statistical data on the situation of women and men in the various sectors of the economy and in the public service and also any available data on the distribution of men and women in the informal economy.
Formulation and implementation of a national policy on equality irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee notes that the Government’s report does not contain any information in this respect. It recalls that a national policy in conformity with Articles 2 and 3 of the Convention should include, apart from legislative provisions, specific and practical measures to remedy existing inequalities on the basis of all the types of discrimination prohibited by the Convention, for example awareness raising regarding discrimination and equality and proactive measures. The Committee requests the Government to supply information on the specific measures taken to promote equality of opportunity and treatment in respect of employment and occupation, irrespective of race, colour, religion, political opinion, national extraction or social origin.
Special protective measures for women. The Committee notes that section 142 of the Labour Code of 2008 provides that no woman worker may be assigned to work that may harm her reproductive capacity or, in the case of a pregnant woman, harm her health or that of the child. It also notes the adoption on 27 January 2010 of a Decree determining the types of work that are prohibited for pregnant women pursuant to the abovementioned section of the Labour Code. The Committee requests the Government to supply information on the application in practice of section 142 of the Labour Code concerning prohibited work for women, to state whether other implementing decrees have been adopted and to supply a copy of the Decree of 27 January 2010 determining the types of work that are prohibited for pregnant women.
Enforcement. Labour inspection. The Committee requests the Government to supply information on the work of the labour inspectorate with regard to discrimination in employment and occupation, stating the number and nature of cases of discrimination detected during workplace inspections, the penalties imposed and the administrative or legal action taken further to these infringements.
The Committee notes that the Government’s report has not been received. Noting that a new Labour Code was enacted in 2008, the Committee 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 following matters raised in its previous direct request:
Article 2 of the Convention. Equality between men and women. The Committee notes that the national policy for the promotion of women focuses on six strategic objectives including reduction of poverty among women, improving their health, level of education and legal status, and also strengthening institutional mechanisms to enable these objectives to be achieved. Moreover, it notes that, in the context of Strategic Objective No. 3 on the promotion of education and the strengthening of women’s abilities and skills, action is contemplated for examining cases of discrimination on grounds of pregnancy, observance of labour standards by all employers, and access to employment and vocational training for disabled girls and women. The Committee notes that the Ministry for the Advancement of Women is undertaking action on behalf of women, particularly those in rural and informal settings, to improve their conditions of work by, for example, providing technical resources tailored to their needs. The Committee appreciates the information sent by the Government on the scope of the policy for the advancement of women and asks it to supply information on the implementation of its strategic objectives and its priority areas of action. The Committee also requests the Government to supply information concerning the implementation of the statement of intent on decentralized agricultural development and on the progress made on the draft law aimed at promoting the role of women in rural areas. The Committee reminds the Government to send a copy of its national policy for the advancement of women and of Parts I and II of the strategic framework for the promotion of employment and vocational training in Burkina Faso.
National policy on equality of opportunity and treatment without distinction on the basis of race, colour, religion, political opinion, national extraction or social origin. The Committee again draws the Government’s attention to the importance of adopting and implementing a national policy on equality of opportunity and treatment in order to eliminate discrimination on the basis of all the grounds set out in the Convention. The Committee repeats its request to the Government to provide information on specific measures adopted to promote equality of opportunity and treatment in employment and occupation for all, irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee again requests the Government to send a copy of the amendment to the Penal Code, which provides that racial discrimination is a crime, and also information on the application of this amendment in practice, including on any court decisions delivered in this respect.
Application in practice of the legislation. In its previous comments, the Committee shared the concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW/C/BFA/CO/4-5, July 2005, paragraph 21) that the Government has not ensured observance of the labour legislation designed to eliminate discrimination with regard to employment. Noting that the Government’s report does not contain information on this point, the Committee urges the Government to send information on the following: (a) the application of the labour legislation to eliminate discrimination, including on the application of the Act of 28 April 1998 guaranteeing equal access to employment in the public sector; (b) the number and results of complaints based on the labour legislation for the elimination of discrimination; and (c) the activities conducted by the Ministry for the Advancement of Women and of the National Committee for Combating Discrimination in order to ensure effective implementation of this legislation.
Part V of the report form. Statistics. The Committee notes that the Government does not provide any statistical information in its report and wishes to remind it of the importance of these statistics for evaluating progress made and for enabling better promotion of the principles contained in the Convention. It hopes that in its next report the Government will supply recent statistical information, disaggregated by sex and, if possible, by race and ethnic origin, on the distribution of the population in the various sectors of the economy and occupations.
1. Article 1 of the Convention. The Committee notes that section 3 of the Labour Code prohibits discrimination in employment or occupation on all the grounds set out in the Convention. The Committee notes, however, that under section 4 of the Labour Code, public service employees, magistrates and military personal are not subject to the provisions of the Code. The Committee asks the Government to supply information on the practical application of section 3 of the Labour Code, including any relevant court decisions. The Committee also asks the Government to supply information on the way in which persons who are excluded from the provisions of the Labour Code are protected against discrimination.
2. Sexual harassment. The Committee notes the statement in the Government’s report that sexual harassment exists in practice and is experienced by a large number of people, but since the victims rarely speak about it out of fear, the judicial authorities find it difficult to grant them relief. In view of this situation, the Committee notes the importance of adopting clear legislation in this field providing in particular for an accessible complaints mechanism and of taking preventive measures. It is also important to adopt measures aimed at achieving better knowledge and understanding of the existence of sexual harassment and means of preventing and addressing it among judges, labour inspectors and other relevant public officials as well as employers and workers and their organizations. The Committee notes that section 47 of the Labour Code appears only to cover quid pro quo harassment. The Committee notes that the Government is revising the Labour Code and hopes that, in the context of this revision, the Government will define and prohibit quid pro quo sexual harassment and sexual harassment arising from a hostile work environment. The Government is asked to supply information on the adoption and implementation of measures designed to prevent and address sexual harassment, and on the impact of awareness campaigns conducted by the labour administration.
3. Article 2. Equality between men and women. The Committee notes that the national policy for the promotion of women focuses on six strategic objectives including reduction of poverty among women, improving their health, level of education and legal status, and also strengthening institutional mechanisms to enable these objectives to be achieved. Moreover, it notes that, in the context of Strategic Objective No. 3 on the promotion of education and the strengthening of women’s abilities and skills, action is contemplated for examining cases of discrimination on grounds of pregnancy, observance of labour standards by all employers, and access to employment and vocational training for disabled girls and women. The Committee notes that the Ministry for the Advancement of Women is undertaking action on behalf of women, particularly those in rural and informal settings, to improve their conditions of work by, for example, providing technical resources tailored to their needs. The Committee appreciates the information sent by the Government on the scope of the policy for the advancement of women and asks it to supply information on the implementation of its strategic objectives and its priority areas of action. The Committee also requests the Government to supply information concerning the implementation of the statement of intent on decentralized agricultural development and on the progress made on the draft law aimed at promoting the role of women in rural areas. The Committee reminds the Government to send a copy of its national policy for the advancement of women and of parts I and II of the strategic framework for the promotion of employment and vocational training in Burkina Faso.
4. National policy on equality of opportunity and treatment without distinction on the basis of race, colour, religion, political opinion, national extraction or social origin. The Committee again draws the Government’s attention to the importance of adopting and implementing a national policy on equality of opportunity and treatment in order to eliminate discrimination on the basis of all the grounds set out in the Convention. The Committee repeats its request to the Government to provide information on specific measures adopted to promote equality of opportunity and treatment in employment and occupation for all, irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee again requests the Government to send a copy of the amendment to the Penal Code, which provides that racial discrimination is a crime, and also information on the application of this amendment in practice, including on any court decisions delivered in this respect.
5. Application in practice of the legislation. In its previous comments, the Committee shared the concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW/C/BFA/CO/4-5, July 2005, paragraph 21) that the Government has not ensured observance of the labour legislation designed to eliminate discrimination with regard to employment. Noting that the Government’s report does not contain information on this point, the Committee urges the Government to send information on the following: (a) the application of the labour legislation to eliminate discrimination, including on the application of the Act of 28 April 1998 guaranteeing equal access to employment in the public sector; (b) the number and results of complaints based on the labour legislation for the elimination of discrimination; and (c) the activities conducted by the Ministry for the Advancement of Women and of the National Committee for Combating Discrimination in order to ensure effective implementation of this legislation.
6. Article 5. Special protective measures with regard to women. The Committee notes that, under section 140 of the Labour Code, regulations may be adopted, after an opinion from the Labour Advisory Committee, prohibiting women from performing certain types of work. The Committee notes that, according to the Government’s report, the Labour Advisory Committee is about to draw up legislation to implement the Labour Code, particularly with regard to the types of work which women are prohibited from performing. The Committee invites the Labour Advisory Committee to ensure that future provisions imposing restrictions on women’s access to certain kinds of work are not based on a stereotypical perception of their abilities and their role in society. The Committee hopes that, in drafting the new provisions, the Labour Advisory Committee will limit restrictions on women’s access to certain kinds of work to what is necessary for maternity protection.
7. Part V of the report form. Statistics. The Committee notes that the Government does not provide any statistical information in its report and wishes to remind it of the importance of these statistics for evaluating progress made and for enabling better promotion of the principles contained in the Convention. It hopes that in its next report the Government will supply recent statistical information, disaggregated by sex and, if possible, by race and ethnic origin, on the distribution of the population in the various sectors of the economy and occupations.
The Committee notes that the Government’s brief report does not reply to the issues raised in the Committee’s previous direct request, which address the following points:
1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee noted that section 47 of the new Labour Code (Act No. 33-2004/AN of 14 September 2004) continued to cover only quid pro quo harassment. The Committee reminds the Government that in accordance with its general observation of 2002, sexual harassment also includes conduct of a sexual nature that creates an intimidating, hostile or humiliating working environment for the recipient, whether or not for the purpose of obtaining a sexual favour. The Committee, therefore, asks the Government to indicate the measures taken or envisaged to prohibit and prevent hostile working environment harassment in practice. Please also provide information on the practical application of section 47, including the number and outcome of any cases brought before the court.
2. Discrimination on the grounds of colour, national extraction and race. Referring once again to its earlier direct requests concerning the amendment of the Penal Code, which makes racial discrimination a criminal offence, the Committee asks the Government to provide the Office with a copy of the amendment of the Penal Code, together with information on the practical effect given to the amendment and on court decisions.
3. Article 2. Promotion of the principle of the Convention. The Committee notes the Government’s statement that in Burkina Faso, the forms of discrimination identified by the Convention do not exist. The Committee reminds the Government that the achievement of favourable conditions for equality of opportunity and treatment in employment and occupation is a continuing endeavour and it is the responsibility of each government to continue supplying, in its successive reports, information on developments regarding its policy. The Committee previously noted the adoption of a national policy for the promotion of women by Decree No. 2004-486/PRES/PM/MPF of 10 November 2004. It also noted the various strategies previously mentioned by the Government that have been adopted or are envisaged to promote employment and vocational training. It noted in particular the adoption of the “Strategic Framework for the Promotion of Employment and Vocational Training in Burkina Faso”, the project for an Employment and Vocational Training Observatory and the Bill to set guidelines for the promotion of employment and vocational training. The Government is asked to provide a copy of its national policy for the promotion of women as well as information on the measures taken under this policy to advance the principle of the Convention, and the results achieved. The Committee also asks the Government to indicate to what extent and by what means the abovementioned strategies help to promote equal opportunity and treatment in employment and training with a view to eliminating all discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin. Please also provide the full text of the “Strategic Framework”.
4. Equal opportunity and treatment of women. The Committee notes the continued concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW/C/BFA/CO/4-5, July 2005, paragraph 21) that the Government has not sufficiently addressed the enforcement of labour laws to eliminate discrimination in employment. In this context, the Committee asks the Government to provide details of the practical effect given to the Act of 28 April 1998 to ensure equal access to employment without distinction in the public sector. It further asks the Government to provide full information on the measures taken to improve standards of education for women, the results of the measures for women’s participation in vocational training and university and their promotion to management posts, and to report on the progress of the draft legislation to promote women’s development in rural areas. Noting the creation in 2002 of the Ministry for the Advancement of Women, the Committee asks the Government to provide information on the activities undertaken by this new Ministry in the promotion of the principle of the Convention.
5. Article 5. Special measures of protection for women. The Committee welcomed the fact that section 107 of the 1992 Labour Code, which provided that women may not be kept in jobs considered to be beyond their strength and must be assigned to suitable employment, was not maintained in the new Labour Code. However, the Committee noted that, pursuant to section 140 of the new Code, certain types of work can be prohibited for women by regulation and upon the advice of the Labour Advisory Council. The Government is again asked to provide a copy of the pertinent regulations as well as a list of the jobs prohibited for women and the reasons for such prohibition.
6. Part V of the report form. Statistics. The Committee reminds the Government of the importance of including statistical data along with its report to allow the Committee to make an informed evaluation of the progress achieved and to assist the Government in promoting the principle of the Convention. It hopes that in its next report, the Government will provide recent statistics disaggregated by sex, race and ethnic origin, on the distribution of Burkinabes in the various sectors of the economy and the different occupations.
1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 47 of the new Labour Code (Act No. 33-2004/AN of 14 September 2004) continues to cover only quid pro quo harassment. With reference to its general observation of 2002, the Committee requests the Government to indicate the measures taken or envisaged to prohibit and prevent hostile working environment harassment in practice. Please also provide information on the practical application of section 47, including regarding the number and outcomes of any cases brought before the court.
2. Article 2. Promotion of the principle of the Convention. The Committee notes with interest the adoption of a national policy for the promotion of women by Decree No. 2004-486/PRES/PM/MPF of 10 November 2004. The Government is asked to provide a copy of this policy as well as information on the measures taken under this policy to promote the principle of equality of opportunity and treatment with respect to employment and occupation, and the results achieved.
3. Article 5. Measures of protection for women. With reference to its previous comment, the Committee welcomes that section 107 of the 1992 Labour Code, which provided that women may not be kept in jobs which are acknowledged to be beyond their strength and must be assigned to suitable employment, has not been maintained in the new Labour Code. However, the Committee notes that, pursuant to section 140 of the new Code, certain types of work can be prohibited for women by regulation and upon the advice of the Labour Advisory Council. The Government is asked to provide a copy of the pertinent regulations as well as a list of the jobs prohibited and the reasons for such prohibition.
4. The Committee further notes 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 direct request, which read, in relevant parts, as follows:
[…]
2. Discrimination on grounds of colour, national extraction and race. The Committee notes that section 1 of the draft Labour Code reproduces almost word for word the provisions of Article 1 of the Convention, and includes "colour" and "national extraction" among the prohibited grounds of discrimination. The Committee reiterates its hope that the final text of the Labour Code will at last be adopted. Referring once again to its earlier direct requests concerning amendment of the Penal Code, which makes racial discrimination a criminal offence, the Committee requests the Government to provide the Office with a copy of the amendment of the Penal Code, together with information on the practical effect given to the amendment and on court decisions.
3. Article 2. Promotion of the national policy. The Committee notes the various strategies mentioned in the Government’s report that have been adopted or are envisaged to promote employment and vocational training. It notes in particular the adoption of the "Strategic Framework for the Promotion of Employment and Vocational Training in Burkina Faso", the project for an Employment and Vocational Training Observatory and the Bill to set guidelines for the promotion of employment on vocational training. The Committee would be grateful if the Government would indicate to what extent and by what means the abovementioned strategies help to promote equality of opportunity and treatment in employment and training with a view to eliminating all discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, and to provide the full text of the abovementioned "Strategic Framework".
4. Equal treatment for men and women. The Committee requests the Government to provide details of the practical effect given to the Act of 28 April 1998 to ensure equal access to employment without distinction in the public sector. Recalling its previous direct request, the Committee also asks the Government to provide full information on the measures taken to improve standards of education for women, the results of the measures for women’s participation in vocational training and university and their promotion to management posts, and to report on the progress of the draft legislation to promote women’s development in rural areas. The Committee notes the creation in 2002 of the Ministry for the Advancement of Women and requests the Government to provide information on the activities undertaken by the above Ministry to promote the principles of the Convention.
6. Part V of the report form. Statistics. The Committee notes that the Government has provided no statistics in its report and would point out the importance of such statistics to an evaluation of progress and to more effective promotion of the principles contained in the Convention. It hopes that in its next report, the Government will provide recent statistics, disaggregated by sex, race and ethnic origin, on the distribution of Burkinabes in the various sectors of the economy and the different occupations.
The Committee notes with satisfaction that section 3 of the new Labour Code (Act No. 33-2004/AN of 14 September 2004) reproduces almost word for word the provisions of Article 1 of the Convention. It notes in particular that “colour” and “national extraction”, which were excluded under the 1992 Labour Code, are now covered by section 3 of the new Code.
The Committee is raising other points in a request addressed directly to the Government.
1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee refers to its general observation of 2002 on the Convention, and notes that the definition of sexual harassment in section 34 of the draft Labour Code, only covers quid pro quo harassment. The Committee requests the Government to indicate the measures taken or envisaged to include the notion of "hostile environment" harassment in the definition. The Committee hopes that the draft Labour Code will shortly be adopted and that the Government will provide information on the application of this provision in practice.
5. Article 5, paragraph 1. Measures of protection for women. The Committee notes that section 107 of the draft Labour Code provides that women may not be kept in jobs which are acknowledged to be beyond their strength, and must be assigned to suitable employment. If this is not possible, the contract must be terminated and severance entitlements paid to the woman. The Committee recalls that following the resolution of 1985 on equality of opportunity and treatment between men and women workers, specific measures of protection for women that are based on stereotype thinking about their ability and their role in society have been called into question and may lead unnecessarily to breach of the principle of equality of opportunity and treatment. The Committee would be grateful if the Government would provide information on the application of section 107 in practice.
The Committee notes the reports of the Government and draws the Government’s attention to the following points.
1. Further to its previous request concerning the amendment of the Penal Code to make racial discrimination a criminal offence, the Committee hopes that the Government will submit a copy of the amendment with its next report.
2. The Committee notes from the report that the revision of the Labour Code is still ongoing. The Committee once again highlights the importance it places on including the prohibited grounds for discrimination of colour and national extraction in the revised draft Labour Code. In this regard it notes the Government’s statement that the comments of the Committee are being taken into consideration in this process. The Committee looks forward to receiving information on the adoption of any amendments to the Code.
3. The Government’s attention is drawn to the fact that the Committee considers it of importance that the national policy to promote equality of opportunity and treatment in employment and occupation is followed through by the Government with the adoption and implementation of the necessary policies and measures. Noting that the Government had previously referred to a framework policy document on employment and educational training and national action plans for employment, the Committee would like to reiterate its request for copies of these documents, as they relate to the Convention.
4. With regard to education and training of women and girls and the participation of women in government employment and the private sector, the Committee notes from the Government’s report under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/BFA/2 3 of 25 February 1998) that women still have few opportunities to be recruited in the private sector, in which the percentage of women is currently 18 per cent. A similar percentage of public sector employees are women, working predominantly as secretaries, teachers and nurses. The Government is once again requested to supply full information on the measures taken with regard to improving women’s educational attainment and changing socio-cultural traditions that hinder equal treatment and opportunities of women in employment and occupation. As previously stated, the Committee would particularly appreciate receiving information on the impact of such measures on women’s participation in vocational and university training, as well as concerning their promotion in managerial and supervisory positions, both in the private and public sector. The Committee also requests information on progress made in regard to the elaboration of the Act on vocational guidance and vocational training. Noting that legislation had been enacted in 1998 to ensure equal access to employment without distinction in the public sector, the Committee asks the Government to submit a copy of that legislation and to provide indications as to its practical application and impact on the representation of women in the public sector.
5. The Committee notes from the Government’s CEDAW report that 90.1 per cent of the female working population was engaged in agriculture, stock raising and fishing, and 6.7 per cent in business and sales (as of 1995). Noting the stated commitment of the Government to elaborate adequate legislation to promote the development of rural women, the Committee would appreciate receiving information on the status of the legislative project and on other measures taken to promote the economic development of women, including thorough training and support for income generating activities such as small businesses.
The Committee notes 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 direct request, which read as follows:
1. The Committee notes the information contained in the Government's report, as well as that contained in the conclusions of the United Nations Committee on the Elimination of Racial Discrimination (CERD) and in the Government's report on the International Convention on the Elimination of Racial Discrimination concerning the amendment to the Criminal Code which makes racial discrimination a criminal offence (UN documents CERD/C/304/Add.41 of 18 September 1997 and CERD/C/279/Add.2 of 13 March 1997). The Committee asks the Government to transmit a copy of the amendment to the Criminal Code.
2. Regarding the insertion in the revised draft Labour Code of the grounds of colour and national extraction -- grounds for discrimination prohibited by the Constitution and the Convention but not by the current Labour Code -- the Committee notes the Government's statement in its report that the revision is still under way and that any amendment to include these two grounds will be brought to the Committee's attention. As already noted in its previous direct request, the Committee looks forward to receiving in future reports information on the adoption of the revised Code, as well as a copy of the final text.
3. In its previous direct request, the Committee had noted the reasons given for the small percentage of women occupied in the public and private sectors and the measures under way to remedy this situation through increasing the level of school attendance and education for girls. The Committee had asked the Government to supply full information on the results of the measures particularly regarding female participation in vocational and university training, and on the participation of women in public and private sector employment, especially in posts reserved for men and in supervisory and managerial positions. From the Government's report to CERD, the Committee notes that the percentage of women in the public service has increased from 22 per cent in 1993 to 34 per cent in 1994 and that they are highly represented in the education sector (57 per cent), but highly underrepresented in the finance sector (3.2 per cent). From the Government's report on the Convention, the Committee notes that a draft Act on vocational guidance and vocational training is being drawn up on the basis of the framework policy document on employment and vocational training and that national plans of action for employment are being adopted, and that these will be communicated to the Committee. The Committee hopes that these various documents will take account of all aspects of the national policy to promote equality of opportunity and treatment in employment and occupation including general measures (like enforcement procedures through the courts, affirmative action) to give concrete implementation to this policy. It looks forward to receiving the copies of the documents as they relate to the Convention, as well as information, accompanied by statistics, on the results already obtained in the implementation of the action plans.
The Committee notes the information provided by the Government in its report in reply to its previous comments.
1. The Committee notes from the report that its previous observations concerning the inclusion in the Labour Code during revision of colour and national extraction - grounds for discrimination prohibited by the Constitution and the Convention but not by the current Labour Code - will be taken into account during the rereading of the Labour Code which was scheduled for September 1995. The Committee notes that any modification on this matter will be brought to the attention of the Committee in future reports and hopes to receive a copy of any amendments to the Code as soon as they are adopted.
2. The Committee notes from the report that the small percentage of women occupied in the public and private sectors is essentially due to the low rate of school attendance and low level of education of women as compared with men. The Government indicates, however, that, despite the absence of statistics to illustrate it, participation of women in employment has increased and that they even have increasing access to occupations formerly considered to be the prerogative of men. It considers that the situation of women's employment will continue to improve as a result of the information and awareness activities aimed at encouraging women to embrace all occupations and to the efforts made by the Government to increase the levels of school attendance and education for girls. The Committee requests the Government to supply full information on the results of these efforts, accompanied by statistics reflecting the evolution of the situation in regard to participation of girls in education and training - particularly, vocational and university training - and the participation of women in public and private employment, especially in the posts traditionally reserved for men and in supervisory and managerial posts.
3. The Committee notes that an outline document on employment and vocational training policy is being finalized by the Government and will be communicated to the ILO with future reports. It notes that this document will take into account all aspects of the question of implementing the national policy aimed at promoting equality of opportunity and treatment in respect of employment and occupation which is enshrined in the Constitution and the Labour Code. The Committee hopes that this document will set forth the general methods (legal procedures, practical forms of action, etc.) by which this policy will be implemented in practical terms in the spheres of access to vocational training, employment and particular occupations, and conditions of employment. It requests the Government to send it, as indicated in the report, extracts from the above-mentioned document relating to measures designed to implement the Convention.
1. The Committee notes the information supplied by the Government in its report in reply to its previous comments, in particular the adoption of the new Labour Code (Act No. 11/92 of 22 December 1992). It notes that section 1(3) of the new Code prohibits all discrimination in employment on the grounds set out in Article 1, 1(a) of the Convention, except for colour and national extraction which had been covered in the preliminary draft Code sent to the ILO. Since colour is one of the grounds of discrimination prohibited by articles 1(3) and 19 of the new Constitution of 11 June 1991, the Committee asks the Government to indicate the steps taken or envisaged to ensure that national extraction and colour are included in the text of the new Code during the current revision. In this connection, the Government is asked to refer to paragraph 58 of the Committee's 1988 General Survey on Equality in Employment and Occupation, which stresses that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention.
2. In answer to the Committee's previous comments concerning the lack of sanctions for breaches of sections 1(3) and 20(7) of the new Code, the Committee notes the Government's indication that such sanctions were not deemed necessary, since in practice there are no breaches of the principle of non-discrimination. As there is no indication that such breaches might not be committed in the future, the Committee asks the Government to provide information in its next report on the measures taken to ensure that in the current revision of the Code, the sanctions provided for in section 238(a) also cover sections 1(3) and 20(7) mentioned above.
3. The Committee notes from the statistics supplied with the report concerning the disaggregation by sex of employees of the public service and semi-public and private enterprises during the period 1986-92, that the overall percentage of women employed in the public and private sectors is very low compared with that of men (just over 12 per cent) and that there was no change in the situation over the period in question because of the very slight increase in the number of women joining the labour market (an increase of approximately 0.3 per cent in seven years). The Committee therefore asks the Government to indicate in its next report the obstacles in the way of higher female participation in employment and the specific measures taken or envisaged, as part of the national policy to promote equal opportunity and treatment for men and women in employment, to facilitate women's access to employment in the public and private sectors. Please provide information on the results obtained, including statistics of the percentage of women employed at different levels and the number of women holding high-level posts.
4. With regard to education and vocational training, the Committee notes that the Government has not been able to provide the statistical data it requested to enable it to ascertain developments in the distribution by sex of pupils and students attending general educational institutions, and technical and vocational institutions. It again expresses the hope that the Government will include with its next report statistics of the percentage of female students in vocational training schools and centres and will indicate the measures taken or envisaged to increase the enrolment of girls in such establishments or in other education or training programmes, so as to promote and diversify opportunities for women in employment and occupation. Please refer in this connection to paragraphs 15, 158 and 170 of the 1988 General Survey on Equality in Employment and Occupation, in which the Committee stresses the affirmative measures that must be taken in implementing the national policy provided for in Articles 2 and 3 of the Convention, and the need to give particulars of the actions undertaken and the results obtained.
5. With regard to the public service and its specialized bodies, the Committee notes that eight specific regulations have been adopted under section 17 of the General Public Service Regulations, and that 15 others are about to be adopted. Referring to the Government's previous indications about possible derogations from the principle of the Convention, it hopes that the Government will ensure that the Regulations contain no provisions that discriminate against women in respect of access to employment, training, promotion and employment conditions in certain specialized bodies of the public service, including the police and water and forestry departments. It asks the Government to provide a copy of the regulations that have already been adopted, as indicated in its last report.
6. Please provide the information requested under points III, IV and V of the report form on the practical application of the Convention.
With reference to its previous observation, the Committee notes with satisfaction that the new Labour Code (Act No. 11/92 of 22 December 1992), in section 1(3), lists religion among the grounds of prohibited discrimination.
The Committee is addressing a request directly to the Government on other matters, in particular concerning the Labour Code.
With reference to its previous direct requests, the Committee takes note of the information provided by the Government and of the texts of the new Constitution adopted on 11 June 1991 and of the preliminary draft Labour Code which were annexed.
1. The Committee notes that sections 237 and 238 of the preliminary draft Code do not provide for sanctions against persons violating section 1 (3)'s prohibition of discrimination. It asks the Government to indicate the measures taken or envisaged to punish infringements of the principle of non-discrimination.
2. As regards recruitment in the public service and its specialized bodies, the Committee notes that the Government undertakes to take the necessary measures to bring all the provisions of the General Regulations on the Public Service into conformity with the Convention but that, for specific reasons linked to the exercise of certain occupations, some particular Regulations permit exceptional derogations (police, officers in the water and forestry service where physical aptitude is required). The Committee asks the Government to communicate a copy of the special Regulations adopted under section 17 of the General Regulations on the Public Service (Zatu of 26 October 1988).
3. As regards vocational training and guidance for women, the Committee notes the efforts made by the Government to encourage women's access to technical training and to trades and occupations previously reserved for men (for example, higher public service, electricity, electronics, medicine). It asks the Government to supply details permitting an appreciation to be made of the practical application of the principle of the Convention, in particular statistics, disaggregated by sex, on the number of public servants and of private undertakings employing a large number of women and indicating the percentage of women as against men at the different levels of responsibility. Noting that the Government is doing its utmost to encourage girls to undertake technical training by facilitating the creation of technical institutions, it would also like to receive statistical information on the pupils and students, disaggregated by sex, attending general educational institutions and technical and vocational institutions, whether private or public or at secondary or higher level, as well as on the specific measures taken or contemplated to facilitate the training and employment of women especially in trades traditionally reserved for men, and on the results obtained. It asks the Government to refer in this respect to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation, where it indicates that improvement in the means available for compiling information on direct and indirect discrimination based for example on race, colour or sex is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment.
With reference to its previous comments, the Committee notes with interest that the new Constitution of 11 June 1991, in article 1(3) bans all forms of discrimination, in particular on the grounds of race, ethnic origin, region, colour, sex, language, religion, caste, political opinion, wealth and birth in accordance with Article 1, paragraph 1(a), of the Convention. It notes, however, that article 19 of the Constitution prohibits discrimination in employment and remuneration on grounds of, specifically, sex, colour, social or ethnic origin or political opinions, without mentioning religion. Nevertheless, in view of the fact that this ground is included, along with the others listed in the Convention, in section 1(3) of the preliminary draft Labour Code, which bans all discrimination in respect of employment and occupation, the Committee hopes that this preliminary draft will be adopted in the near future. It also hopes that the next report will indicate the progress achieved in this respect.
The Committee notes the Government's report for the period ending 15 October 1990.
1. With reference to its previous comments concerning the revision of the Labour Code, which would include provisions designed to eliminate all discrimination in employment and occupation, the Committee requests the Government to indicate in its next report the current stage of the procedure and to transmit a copy of the draft revised Code.
2. The Committee refers to its observation relating to Zatu No. AN VI-0008/FP/TRAV issuing the general conditions of employment of the public service. With regard to recruitment, the Committee requests the Government to supply information on the specific conditions that have been adopted for certain jobs in accordance with section 17 of the above text.
3. With regard to vocational training and guidance, the Committee notes the information contained in the Government's report on the measures and initiatives that have been taken to promote and improve the vocational training of women (in particular, the creation of women's vocational training centres and the "Bantaré" women's craftwork and literacy centre). The Committee also notes that, according to the Government, the political, economic and social measures taken for women are intended to promote their awareness, independence and self-development with the stated aim of making it possible for women to progressively free themselves and participate on an equal footing with men in the social and economic life of the country.
The Committee requests the Government to indicate the impact of the above measures and to supply more detailed information on the action that has been taken to formulate a national policy designed to promote equality of opportunity and treatment in order to eliminate all discrimination, as is provided for in Article 2 of the Convention. Furthermore, the Committee emphasises that, in accordance with the Convention, the vocational training of women has to be encouraged and improved at all levels, particularly in order to facilitate their access to technical training and to occupations other than those traditionally occupied by women.
The Committee once again requests the Government to supply with its next report copies of texts that impose sanctions in cases of discrimination based on sex, as well as inspection reports and judicial rulings made in this field.
Further to its previous comments, the Committee notes with satisfaction Zatu No. AN VI-0008/FP/TRAV of 26 October 1988, issuing the general conditions of employment of the public service, which repeals Zatu No. AN IV-0011bis/CNR/TRAV of 25 October 1986, sections 5, 51 and 61 of which referred to criteria of political engagement which were incompatible with the provisions of the Convention.
1. The Committee had noted previously that the revision of the Labour Code and the public service statutes was in process and that the new texts would include provisions designed to eliminate all discrimination in employment and occupation. The Committee notes that the Government has transmitted advance drafts of the revised Labour Code to employers' and workers' organisations. It also notes the Government's indications concerning the reform of the public service statutes being undertaken at present. In this respect, the Committee notes, from the information available, the adoption of Zatu No. AN VI-0008/FP/TRAV of 26 October 1988 concerning the public service statutes, which revises Zatu No. AN IV-0011 bis/CNR/TRAV of 25 October 1986, of which sections 5, 15 and 61 referred to political criteria incompatible with the provisions of the Convention.
The Committee asks the Government to communicate the text of Zatu No. AN VI-0008/FP/TRAV of 26 October 1988, and to provide information on the progress of the revision of the Labour Code.
2. The Committee notes from the Government's report that vocational training and vocational guidance are open to everyone, without distinction of sex. The Committee asks the Government to indicate if measures have been taken or envisaged to encourage and improve vocational training for women, particularly with a view to promoting their access to technical training including non-traditional occupations.
3. The Committee notes with interest the information supplied by the Government in its report, to the effect that the National Office for the Promotion of Employment rejects job offers which discriminate on the basis of sex; it notes also that the employment services bring an action against any employer which dismisses a worker for such cause, and that an employer who dismisses a woman because of pregnancy is liable to civil and penal sanctions.
The Committee asked the Government to supply the texts which impose sanctions in cases of discrimination based on sex, as well as inspection reports and judicial rulings made in this field.
Referring also to its observation on the same Convention, the Committee notes the information supplied by the Government in its report.
Referring to its previous comments on the subject of the conditions imposed for reinstatement in the public service of teachers who were dismissed for having participated in a strike, the Committee notes with satisfaction the information provided by the Government in its report according to which, by the Popular Front's Circular No. 5 published in Le Sidwava, No. 879 of 19 October 1987, all the teachers dismissed in 1984 for having participated in a strike have been reinstated in their former positions, sanctions against officials have been lifted, and political prisoners and internees have been released.