Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Burundi (Ratification: 1963)

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous direct request, which read as follows:

The Committee notes that a new Labour Code was adopted on 7 July 1993. This Code does not prohibit night work for women. It notes that, while pregnant women are entitled to special protection in respect of their working conditions under sections 122 to 125 of the said Code, it is only young workers aged less than 18 years who are currently prohibited from night work under section 119 of the same Code. The Government states in its report that the legislator of Burundi had given priority to the principle of equality between the sexes in employment and in work within the meaning of section 6 of the Labour Code. The Committee is therefore obliged to observe that the legislation in force no longer gives any effect to the provisions of the Convention.

The Committee recalls that the Government must conform with the obligations derived from the Convention. It therefore asks the Government to take the measures necessary to bring its legislation and practice into conformity with the Convention, and to provide information in its next report on progress achieved in this connection. However, the Committee takes due note of the Government’s indication that it is considering ratification of the Night Work Convention, 1990 (No. 171). It therefore requests the Government to keep it informed of any decision taken in this regard and also concerning the possible denouncing of Convention No. 89.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.