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TITLE: BURUNDI HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution explicitly provides equal status and
protection for all citizens, without distinction based on sex,
origin, ethnicity, religion, or opinion.
Women
Women hold a secondary place in society and face both legal and
societal discrimination. Explicitly discriminatory inheritance
laws and discriminatory financial credit practices remain
unchanged. Although women by law must receive the same pay as
men for the same jobs, women are far less likely to hold any
mid- or high-level positions. In rural areas, women
traditionally perform hard farm work and have far less
opportunity for education than men enjoy.
Violence against women occurs, but there is no documentation of
its extent. Wives have the right to bring physical abuse
charges against their husbands. In practice this rarely
occurs. Police do not normally intervene in domestic disputes,
and the press does not report incidents of violence against
women, including rape. There were no known court cases dealing
with abuse of women.
Children
The Government has taken no action to protect children's
rights, nor has it addressed the growing problem of the
increasing population of orphans which resulted from the
violence of 1993 and 1994.
Indigenous People
The indigenous Twa (Pygmy) minority remained almost completely
marginalized, economically, socially, and politically. Most
Twa continued to live in isolation, uneducated, and without
access to government services, including health care. The Twa
voted in the 1993 election, but are otherwise outside the
political process.
National/Racial/Ethnic Minorities
Burundi's fundamental problem continues to be ethnic conflict
between majority Hutus, who gained political power only with
the election of Ndadaye, and minority Tutsis, who have
historically held power and still control the military and
dominate educated society. De facto ethnic discrimination
against Hutus--85 percent of the population--colors every facet
of society and institutions, including the military and the
judicial establishment, despite constitutional provisions and
some policies introduced under the Buyoya military
administration to attract Hutus into the professions.
The Ndadaye administration upon assuming office began a more
concerted effort to put its FRODEBU faithful into the
government bureaucracy. Those policy changes quickly led to
increased tensions between long-term Tutsi professionals and
the FRODEBU Government.
People with Disabilities
The Government has not enacted legislation or otherwise
mandated access to buildings or government services for people
with disabilities. Burundi's rudimentary economy effectively
excludes the physically disabled from many types of
employment.
Section 6 Worker Rights
a. The Right of Association
The Constitution and the Labor Code nominally protect the
rights of workers to form unions, though the military, the
gendarmerie and certain expatriates working in the public
sector are prohibited from union participation. Most workers
are urban civil servants.
Since its independence from the Government in 1992, the
national umbrella trade union organization, the Organization of
Free Unions of Burundi (CSB), has been financially dependent on
a system of voluntary checkoffs, as are local unions. The CSB
represented labor in drafting negotiations for the revised
Labor Code and has participated in collective bargaining
negotiations in cooperation with individual labor unions. The
CSB includes all labor unions except the teachers' union and is
the only existing labor federation. The Labor Code permits the
formation of additional unions or confederations outside the
CSB.
Unions are able to affiliate with international organizations.
The Labor Code also provides workers with the right to strike.
Restrictions on the right to strike and lockout are several:
that the action must be taken only after exhausting all other
peaceful means of resolution; that negotiations must continue
during the action, mediated by a mutually agreeable party or by
the Government; and that 6 days' notice must be given. The law
prohibits retribution against workers participating in a legal
strike and this is upheld in practice.
In September the Labor Court decided in favor of workers in the
national data processing center strike, in process since
October 1993. In the year's only other strike, teachers in
several regions of the country struck briefly, and
successfully, in September over their inability to claim assets
from an obligatory savings program.
b. The Right to Organize and Bargain Collectively
The Labor Code recognizes the right to collective bargaining,
which had formerly been acknowledged only by ordinance. Since
most workers are civil servants, government entities are
involved in almost every phase of labor negotiations. Public
sector wages are set in fixed scales in individual work
contracts and are not affected by collective bargaining. In
the private sector, wage scales also exist but individual
contract negotiation is possible. In principle, private sector
wage scales can also be influenced by collective bargaining,
although this is infrequent.
The Labor Code also gives the Labor Court jurisdiction over all
labor dispute cases, including those involving public
employees. Labor negotiations are still conducted largely
between unions and employers under the supervision of the
tripartite National Labor Council, the Government's highest
consultative authority on labor issues. The Council represents
government, labor, and management and is presided over and
regulated by the Minister of Labor.
The Labor Code prohibits employers from firing or otherwise
discriminating against a worker because of union affiliation or
activity. This right is upheld in practice.
There are no export processing zones, although a decree-law
making the entire country a free zone for many nontraditional,
export-oriented activities was promulgated in 1992.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor and it is not
practiced.
d. Minimum Age for Employment of Children
The Labor Code states that children under the age of 16 are not
allowed to be employed by "an enterprise" even as apprentices,
although it also states that they may undertake occasional work
which does not damage their health or schooling. In practice,
young children do heavy manual labor in rural areas in daytime
during the school year, including transporting bricks on their
heads. Children are legally prohibited from working at night,
although many do so in the informal sector. Children are
obligated by custom and economic necessity to help support
their families by participating in activities related to
subsistence agriculture in family-based enterprises and the
informal sector.
e. Acceptable Conditions of Work
The formal minimum wage for unskilled workers is $0.58 (140
Burundi francs) per day in Bujumbura and Gitega and $0.37 (88
Burundi francs) in the rest of the country, with a graduated
scale for greater skill levels. This amount does not allow a
family to maintain a decent standard of living and most
families rely on second incomes and subsistence agriculture to
do so. Employees working under a contract, particularly in
urban areas, generally earn significantly more than the minimum
wage. All employees in the public sector work under contract.
The CSB estimates that 70 percent of employees working in the
formal private sector are covered by a contract.
The Labor Code imposes a maximum 8-hour workday and 45-hour
workweek except in cases when workers are involved in
activities related to national security. Supplements must be
paid for overtime in any case. The Labor Code establishes
health and safety standards requiring an employer to provide a
safe workplace and assigns enforcement responsibility to the
Ministry of Labor. However, the Ministry does not enforce the
Code effectively. Health and safety articles in the Labor Code
do not directly address the workers' right to remove themselves
from a dangerous work situation.