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

The Committee notes the information provided by the Government in reply to the observations by the International Confederation of Free Trade Unions (ICFTU) dated 26 March 2003, which it will examine at its next session, together with the Government’s report.

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that there are no laws or policies prohibiting sexual harassment in the workplace, but that the Government is ready to take measures to discourage this practice. It asks the Government to provide information on any measures taken or contemplated to prevent and address sexual harassment in private and public sector employment.

2. Articles 1, 2 and 3 of the Convention and Part IV of the report form. The Committee notes the Government’s statement that it will provide the information on the matters raised in the Committee’s previous direct request with its next report. It hopes that this report will contain full information on all the points previously raised, which read as follows:

1. The Committee notes the efforts under way to resolve and to build an internal political partnership in the country. In this regard, it notes the promulgation on 27 October 2001 of the Transitional Constitution, article 17 of which states that all persons are equal before the law, without distinction as to sex, origin, ethnic group, religion or opinion. It also notes that article 35 regulates the right to work and that article 36 provides for equal remuneration for equal work. The Committee requests the Government to provide information with its next report on the measures adopted or envisaged to ensure the application of the above rights set out in the Constitution of 2001, in so far as they are related to the achievement in practice of equality in employment and occupation for all men and women from various ethnic groups.

2. The Committee notes the Government’s statement of its intention to amend the regulations on the conditions of service of public servants to prohibit discrimination based on race, national extraction and sex. It also notes the Government’s statement that the priority given to citizens for employment in the public sector should be abolished. The Committee welcomes these initiatives and hopes that when the provisions are adopted, they will include all the grounds of discrimination laid down in Article 1 of the Convention, so that the above conditions of service would also prohibit discrimination in employment and occupation on the grounds of colour, religion, political opinion and social origin. The Committee requests the Government to indicate the measures that it has taken to extend the scope of the prohibition of discrimination proposed in the above conditions of service of public servants, and to apply it in practice. It also hopes the Government, in consultation with workers and employers’ organizations and community groups, will be able to review all laws and regulations in the near future to bring them into conformity with the Convention.

3. The Committee notes the Government’s statement that it has not been able to collect information respecting the national policy to promote equality of opportunity and treatment in respect of employment and occupation. In this connection, the Committee wishes to remind the Government that while affirmation of the principle of equality in constitutional or other legal texts may be an element of national policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention. This policy should: (1) be clearly stated, which implies that programmes for this purpose should be or should have been set up; and (2) should be applied, presupposing State implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee requests the Government to supply information with its next report respecting any national policy that has been adopted or is envisaged to promote equality in employment and occupation in the process of national reconstruction.

4. The Committee notes the establishment of the Ministry of Social Action and the Advancement of Women and the Ministry of Human Rights, Institutional Reforms and Relations with the National Assembly. It requests the Government to supply detailed information respecting the activities carried out by the above two ministries that are related to the promotion of non-discrimination and equality in employment and occupation. In more general terms, the Committee requests the Government to supply information in its next report respecting all the measures taken or contemplated to eliminate discrimination and promote equality in employment and occupation of women of all ethnic groups and the results achieved in terms of increasing women’s access to jobs and decision-making positions.

5. The Committee notes the Government’s statement that the Ministry of Labour, Public Service and Vocational Training publishes articles respecting its anti-discrimination policy in its monthly publication. The Committee asks the Government to supply copies of these articles with its next report. The Committee reiterates its request for further information respecting the participants in the two institutions that have been established for the provision of vocational training, namely, the Further and Continuous Training Centre (CPF) and the Vocational Training and Further Training Centre (CFPP). The Committee hopes that the Government will supply detailed information on the participants in these training centres, including their ethnic origin and sex, with a view to enabling the Committee to evaluate the application of Article 3(e) of the Convention, which provides that the Government shall ensure the observance of the policy in the activities of vocational training which is under the direction of a national authority.

6. The Committee notes the Government’s statement that information on the promotional role of labour inspection services in relation to the application of the Convention will be supplied to the Office and hopes that this information will be provided with the Government’s next report.