Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Burundi

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1993)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1993)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2025. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1. Scope of application. Private and public sectors. The Committee notes with regret that the Government’s report does not provide any information on measures to ensure protection against discrimination for the categories of workers excluded from the scope of application of the Labour Code, in particular family agricultural, stock-raising, commercial and industrial workers, as well as workers excluded from the General Regulations governing public employees due to special regimes. It recalls that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, and that no provision in the Convention limits its scope as regards individuals or branches of activity (see the 2012 General Survey on the fundamental Conventions, para. 733). The Committee therefore once again requests the Government to indicate the legislative provisions or other measures ensuring the protection of these categories of workers against discrimination on any of the grounds listed in Article 1 of the Convention and, in the absence of an applicable legal framework, to specify whether legislative measures are envisaged to fill this gap.

Article 1(1)(a). Legislation. Prohibited grounds of discrimination (colour, race, national extraction). The Committee observes that section 20 of the General Regulations governing public employees has not been amended to expressly include all the grounds listed in Article 1(1)(a) of the Convention. The Committee recalls that the national legislation provides for an open-ended list of prohibited grounds of discrimination (by adding the word “etc”. at the end of the list), which allows the courts to interpret this provision in the light of the Convention. While the use of an open-ended clause is a positive step that may enable the courts to incorporate additional grounds, the Committee points out that, in the absence of explicit case law or clear guidelines, uncertainties may remain as to whether all the grounds set out in the Convention are effectively covered. In this regard, the Committee emphasizes that the ground of “national extraction” covered by the Convention goes beyond the ground of “ethnic origin”. The concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Discrimination based on national extraction may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State. Distinctions made between citizens of the same country are one of the most evident examples (see the General Survey of 2012, para. 764). The Committee recalls, lastly, that where legal provisions are adopted to give effect to the principles of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee refers to its 2012 General Survey, paras 743 and 850–855). In these conditions, the Committee requests the Government, as part of a future reform of the General Regulations governing public employees, to explicitly prohibit “race, colour and national extraction” as grounds of discrimination and to provide information on progress made in this regard. The Committee also requests the Government to provide information on how discrimination based on the three grounds mentioned above is tackled and to provide, if available, examples of case law invoking them to punish discrimination prohibited by the Convention.

Articles 1 to 3.Equality of opportunity and treatment in respect of employment and occupation. Persons with disabilities. The Government states that one focus of the National Employment Policy is developing the skills and employability of vulnerable groups, including persons with disabilities, including through the development of specific occupations. The Committee observes that it does not provide information on the specific measures implemented to ensure equality of opportunity and treatment for persons with disabilities in respect of employment and occupation. It notes that the Government does not provide any information on the concerns expressed by COSYBU in relation to section 286 of the Labour Code, which provides that a ministerial ordinance shall determine the nature of the work and categories of employment prohibited for persons with disabilities and the nature of the physical and mental disabilities for which there is no possibility of employment. In this context, the Committee requests the Government to: (1) specify the criteria used to define these prohibitions and to identify the disabilities considered to preclude any possibility of employment, as well as the safeguards to prevent any general exclusion contrary to the Convention; (2) indicate the procedures for individual assessment of occupational abilities; and (3) indicate the consultations held with representative organizations. The Committee requests the Government to provide detailed information on the specific measures taken to promote equality of opportunity and treatment in respect of employment and occupation for persons with disabilities, as well as any available statistical data on their access to employment. It also requests the Government to indicate whether the ordinance provided for in the Labour Code has been adopted and, if so, to provide a copy of it and information on refusals to hire based on this regulation.

Equality of opportunity and treatment for men and women. The Committee notes: (1) that a reform of the education system and the establishment of regional technical and vocational training centres aimed at improving equitable access to vocational training for young people, including women, are envisaged under the National Employment Policy; (2) the establishment of the Burundi Employment and Labour Office, designed to ensure non-discriminatory access to employment opportunities; (3) the introduction of a quota system to improve the gender balance in the public service; (4) economic support programmes for young people and women (including the construction of community vocational training centres); and (5) the establishment of financial support mechanisms as part of the project for the economic empowerment and employability of young people. The Committee nevertheless notes with regret the lack of statistical data on the situation of women in the labour market and on the results achieved in terms of women’s entry into the labour market and their participation in technical and scientific fields. The Committee requests the Government to provide: (i) information on specific measures to increase the participation of girls in technical and scientific fields; (ii) data on the results of training and economic support programmes for women; and (iii) information on the impact of the quota system on the representation of women in the public administration.

Convention No. 100 – Principle of equal remuneration for women and men for work of equal value

Articles 1 to 4. Gender pay gap. The Committee observes that, in the absence of statistical data on the situation of women in the labour market, it remains impossible to assess whether there are any gender pay gaps or to measure the extent of occupational segregation. It recalls that in order to assess the situation of women in the labour market and measure the gender pay gap, it is essential to have data, disaggregated by sex, on their activity, employment and unemployment rates, their distribution by sector and occupation, types of employment (full-time/part-time, formal/informal), and their representation in decision-making positions. Moreover, information on average or median wages, including per hour worked, sector, occupation and level of education, is essential for calculating pay gaps. It is also useful to collect information on the use of parental leave, access to childcare services, unpaid workloads, social protection coverage and complaints or findings of discrimination. The Committee recalls that the Government may request technical assistance from the ILO in this regard. The Committee encourages the Government to strengthen data collection and analysis capacities and to communicate, as soon as they become available, statistics disaggregated by sex on: (i) the distribution of women and men in various sectors of activity and occupations, including in the public service; and (ii) the corresponding levels of remuneration.

Articles 1 and 2. Principle of equal remuneration for women and men for work of equal value.Definition of “remuneration”. The Committee notes that the Government does not specify whether the definition of “remuneration” in the Labour Code covers all the elements listed in Article 1(a) of the Convention, in particular emoluments in kind and additional emoluments payable directly or indirectly by the employer to the worker arising out of employment. It recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a), which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Such a broad definition is necessary since if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. The words “directly or indirectly” were added to the definition of remuneration in the Convention with a view to ensuring that certain emoluments which were not payable directly by the employer to the worker concerned would be covered. The definition also captures payments or benefits, whether received regularly or only occasionally (see General Survey of 2012 on the fundamental Conventions, paras 686–687 and 690–692). As to the seniority bonus referred to in section 182 of the Labour Code, the Committee notes that the Government does not respond to the allegations of COSYBU that one category of workers has not been receiving this bonus since 2016. The Committee requests the Government to indicate whether emoluments in kind payable directly or indirectly to the worker are included in the definition of the term “remuneration” contained in the Labour Code. It also requests the Government to indicate the measures taken or envisaged to ensure that the seniority bonus referred to in section 182 of the Labour Code is granted on a non-discriminatory basis, in accordance with the Convention.

Article 2. Machinery for wage determination. Minimum wages. The Committee notes the Government’s indication that regulations on the minimum guaranteed interoccupational wage (SMIG), taking into account the principle of equal remuneration for work of equal value, which applies to all workers under section 184 of the Labour Code, are under preparation, and that the bodies responsible for determining wage rates do not establish differences based on sex. The Committee recalls that determining a national minimum wage is an important means of implementing the Convention, as women predominate in low-wage employment. It also draws attention to the fact that the principle of equal remuneration for work of equal value enshrined in the Convention is more specific (than the universal principle enshrined in the Labour Code) because it focuses on gender-related pay gaps. The Committee therefore requests the Government to indicate the specific measures taken to ensure equal pay for men and women, even though the Labour Code guarantees equal pay for all workers. It requests the Government to provide information on the progress made in adopting regulations on SMIG, which take into account the principle of equal remuneration for men and women for work of equal value, and on the consultations held with the social partners in this regard.

Article 3. Objective job appraisal methods. The Committee notes the information provided by the Government, according to which: (1) the appraisal of jobs in the public service is based on the classification of jobs according to four main criteria: the level of training required, the complexity and technical nature of the job, contextual factors and the level of autonomy; (2) the factors used for comparing and weighing these factors, and the comparison itself, do not contain any direct or indirect discriminatory elements; and (3) the job entitles the jobholder to a certain number of points, and the value of a job point is set by presidential decree. The Committee requests the Government to provide information on the impact of applying this objective job appraisal method on career progression and access to senior positions, and more generally on the distribution of men and women in the various grades and roles in the public service and therefore on the pay gaps for work of equal value.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Cooperation with the employers’ and workers’ organizations. The Committee notes the Government’s indication that labour-related laws and regulations are always drafted in a tripartite framework. According to the Government, the tripartite constituents have already begun discussions with a view to adopting a law on the informal economy, where practices that may promote forms of discrimination have been observed. The Committee notes the observations of COSYBU, according to which the Government has set up a tripartite committee that has only analysed the application of the wage policy to staff governed by the General Regulations governing public employees, to the detriment of institutions with special status. COSYBU indicates that it has been unable to negotiate a fair wage policy for the public sector, which is why it is still requesting the renegotiation of the implementation of the wage policy. In this regard, the Committee refers to its comments on the implementation by Burundi of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Enforcement and awareness-raising. The Committee notes the information that no cases of discrimination, particularly with regard to equal pay for men and women, have been brought before the labour inspectorate. It wishes to recall that the absence of complaints does not mean that such discrimination does not exist in practice. The absence or low number of cases of discrimination or complaints may be due to a lack of awareness of rights, a lack of confidence in the available remedies, the non-existence of such remedies or the difficulty of accessing them in practice, or fear of reprisals. The Committee therefore requests the Government to provide information on: (i) the capacity-building carried out in the labour inspectorate, particularly in terms of training, awareness-raising and operational tools aimed at improving the detection, monitoring and handling of cases of discrimination in employment and occupation, including in terms of equal remuneration for men and women for work of equal “value”; and (ii) the awareness-raising activities carried out for the general public on rights to equality of opportunity and treatment in respect of employment and occupation and the remedies available. The Committee once again requests the Government to provide information, where available, on the nature and number of complaints registered by the labour inspectorate and on any decisions handed down by the courts in this area.

Practical application. The Committee notes with regret that the Government does not provide any information on the practical application of section 184 of the Labour Code, which provides that “workers performing the same work or work of equal value shall be entitled, without any discrimination, to equal remuneration”. The Committee once again requests the Government to provide information on the application of section 184 of the Labour Code, including on any guidance it may have issued, on complaints lodged under the Code and on any judicial proceedings that have been settled or are ongoing.