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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.
-
-