Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

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.

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.

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.

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.