Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Rwanda (RATIFICATION: 1988)

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Article 3. Right of organizations to freely organize their activities and to formulate their programmes. The Committee notes with regret that Law No. 017/2020 of October 2020 establishing the General Statute governing public servants and revising Act No. 86/2013 still does not include provisions recognizing the right to strike of public servants. The Committee therefore requests once again that the Government take the necessary measures for the recognition of the right to strike of public servants, with the possible exclusion of those exercising authority in the name of the State. The Committee requests the Government to provide information on any progress made in this regard.

In relation to the Ministerial Order No. 4 of 13 July 2010, determining “indispensable services” and the conditions for the exercise of the right to strike in such services, the Committee recalls that it had previously requested the Government to amend section 11(2), according to which “in the public interest and in the interests of the health of the population, the authorities may prevent workers and employers from having recourse to strikes or lock-outs”. Noting with regret that the Government does not provide information in this regard, the Committee reiterates that the right to strike may only be restricted or prohibited in essential services in the strict sense of the term (namely, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), in the public service only for public servants exercising authority in the name of the State, or in situations of acute national crisis. The Committee once again expects that the necessary measures to amend section 11(2) of the Ministerial Order will be taken without further delay, so as to bring it into line with the Convention. The Committee reiterates its request for the Government to provide information on any progress made in this regard.

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Articles 2 and 3 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing and right of organizations to organize their activities and to formulate their programmes. Civil servants. The Committee notes with interestthe Government’s indication that, according to article 49 of Law No. 017/2020 of October 2020 establishing the general statute governing public servants, a public servant may establish or join a trade union of his or her choice in accordance with the relevant legislation. The Committee also notes that according to articles 3 and 4 of the Law, a public institution may request to be governed by a special statute, established by a Prime Minister’s Order. While the special statute is limited to certain modalities laid out in article 4, the Committee notes that the competent authorities may allow these modalities to include any other additional element, except for the salary and benefits. The Committee requests the Government to indicate whether special statutes have been established regarding any specific category of public servants and if they contain specific limitations. The Committee further requests the Government to take the necessary measures, in consultation with the social partners, to amend article 4, so as to ensure that the establishment of a special statute does not deprive public servants of their rights under the Convention.

Right to elect representatives freely. Time limits for registration. Judicial record. The Committee notes that according to Ministerial Order No. 02/MIFOTRA/22 of August 2022, the time frame to process the application for the registration of a trade union or an employers’ organization has been reduced from 90 days to 60 days. The Committee considers, however, that this still represents a lengthy registration procedure which may constitute a serious obstacle to the establishment of organisations without prior authorisation, as set forth under Article 2 of the Convention. The Committee therefore requests the Government to consider revising Ministerial Order No. 02/MIFOTRA/22 of August 2022 regarding registration of trade unions and employers’ organizations with a view to further reducing the registration period such that it does not amount to a requirement of “previous authorisation,” and to provide information on all developments in this regard.

The Committee recalls that it had previously requested the Government to amend section 3(5) of Ministerial Order No. 11 of September 2010, according to which, an occupational organization of employers or workers, in order to be registered, has to be able to prove that its representatives have never been convicted of offences with sentences of imprisonment equal to or over six months. The Committee notes that the Government reiterates that a person who leads others is required to prove his or her integrity and that a person who committed a crime punishable for at least six months is no longer a person with integrity. The Committee recalls once again that the conviction for an act which, by its nature, does not call into question the integrity of the person and implies no real risk for the performance of trade union duties should not constitute grounds for exclusion from trade union office. The Committee therefore requests once again that the Government take the necessary measures, in consultation with the social partners, to amend section 3(5) of Ministerial Order No. 11, in line with the above.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 2 of the Convention. Right of public servants to establish organizations of their own choosing. In its previous comments, the Committee had requested the Government to indicate whether public servants, in addition to the right to join a trade union, also enjoy the right to establish a union of their own choosing, and to indicate the relevant legislative provisions. The Committee had noted Act No. 86/2013, of 19 September 2013, on the General Statute of Public Servants, section 51 of which recognizes the right of public servants to join a union of their own choosing. The Committee notes the Government’s indication that the Act is under revision and that, in the meantime, public servants have been able to exercise in practice the right to establish trade unions of their choice. In this respect, the Government refers to four examples of trade unions established by public servants: (i) Workers’ Union in Public Administration (STAP); (ii) Rwanda National Teachers’ Union (SNER); (iii) Workers Union in parastatal and privatized institutions (SYPEPAP); and (iv) Rwanda Nurses and Midwives Union (RNMU). The Committee requests the Government to provide information on any further progress made with respect to the revision of Act No. 86/2013, including a copy of the revised Act.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that Act No. 86/2013 issuing the General Statute of the Public Service does not include provisions recognizing the right to strike and in this regard noted the Government’s indication that the Committee’s comments would be taken into account in the context of the reform of the Act. In the absence of concrete information in this regard, the Committee once again requests the Government to take the necessary measures for the recognition of the right to strike of public servants, with the possible exclusion of those exercising authority in the name of the State. The Committee further requests the Government to provide information on any progress made in this regard.

In relation to the Ministerial Order No. 4 of 13 July 2010, determining “indispensable services” and the conditions for the exercise of the right to strike in such services, the Committee had previously requested the Government to amend section 11(2), according to which “in the public interest and in the interests of the health of the population, the authorities may prevent workers and employers from having recourse to strikes or lock-outs”. The Committee reiterates that the right to strike may only be restricted or prohibited in essential services in the strict sense of the term (namely, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), in the public service only for public servants exercising authority in the name of the State, or in situations of acute national crisis. The Committee notes the Government’s indication that it is still in the process of revising the Ministerial Order determining essential services and that the Committee’s concern is under consideration. The Committee expects that the necessary measures to amend section 11(2) of the Ministerial Order will be taken without further delay, so as to bring it into line with the Convention. The Committee requests the Government to provide information on any progress made in this regard.

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The Committee notes the adoption of the new Labour Code (Law No. 66/2018 of 30 August 2018). The Committee notes that sections of the new Labour Code refer to ministerial orders, some of which have been the object of the Committee’s comments.

Articles 2 and 3 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. Right to elect representatives freely. In its previous comments, the Committee had requested the Government to take the necessary measures, in consultation with the social partners, to amend the provisions of Ministerial Order No. 11 so as to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention:

• – Judicial record. Under the terms of section 3(5) of Ministerial Order No. 11, of September 2010, an occupational organization of employers or workers, in order to be registered, has to be able to prove that its representatives have never been convicted of offences with sentences of imprisonment equal to or over six months. In the view of the Committee, conviction on account of offences the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions should not constitute grounds for disqualification from holding trade union office.
• – Time limits for registration. Under the terms of section 5 of Ministerial Order No. 11, the authorities have a time limit of 90 days to process the application for the registration of a trade union. The Committee recalls that a long registration procedure is a serious obstacle to the establishment of organizations without previous authorization, in accordance with Article 2 of the Convention.

The Committee notes that the Government states that a person who leads others is required to prove his or her integrity and that, in line with the Rwandan legislation, a person who is convicted of a crime punishable by a principal penalty of imprisonment for a term of not less than six months is a person whose integrity is questionable. The Committee reiterates that the conviction for an act which, by its nature, does not call into question the integrity of the person and implies no real risk for the performance of trade union duties should not constitute grounds for exclusion from trade union office. Furthermore, legislation which establishes excessively broad ineligibility criteria, for example by means of an open-ended definition or a long list including acts which have no real connection with the qualities of integrity required for the exercise of trade union office, is incompatible with the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 106). The Committee therefore requests once again that the Government take the necessary measures, in consultation with the social partners, to amend section 3(5) of Ministerial Order No. 11, in line with the above.

With regard to the time limits for registration, the Committee notes the Government’s indication that it has taken note of the concern, and that the registration period will be reduced in an ongoing revision of the Ministerial Order regarding registration of employees and employers’ organizations. The Committee requests the Government to provide information on all developments in this regard, including the amendment of section 5 of Ministerial Order No. 11.

Exclusion of categories of public servants from the right to organize. In its previous comment, the Committee had requested the Government to provide a list of categories of public servants which fall within the exclusion established in section 51 of Act No. 86/2013 issuing the General Statute of the Public Service, which recognizes the right of public servants to join any trade union of their choice, with the exception of “political office holders” and “officers of the security services”. The Committee notes the Government’s indication that it will consider the Committee’s concern in the revision of the above-mentioned Act. The Committee reiterates that the Convention sets out the right of all workers, without distinction whatsoever, including political leaders, to establish and join organizations of their own choosing, and only authorizes exemptions in relation to the police and the armed forces, and that these exceptions must, however, be construed in a restrictive manner so as not to include public servants of security related services. The Committee therefore requests the Government to provide information on the specific categories of public servants excluded under section 51 of Act No. 86/2013, and on any progress made in this regard, so as to ensure that public servants, like all other workers, with the only exception of the armed forces and the police, enjoy the right to organize under the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee had noted that section 51 of Act No. 86/2013 of 19 September 2013 issuing the General Statute of the Public Service recognizes the right of public servants to join the union of their own choosing, with the exception of “political office holders” and “officers of the security services” and had requested the Government to provide information on this exclusion. The Committee notes the Government’s indication that under section 51, political leaders and public servants of security-related services are excluded but that other public servants may join any trade union of their own choosing. The Committee once again recalls that the Convention sets out the right of workers, without distinction whatsoever, including political leaders to establish and join organizations of their own choosing, and only authorizes exemptions in relation to the police and the armed forces. These exceptions must however be construed in a restrictive manner so as not to include public servants of security-related services. The Committee once again requests the Government to provide a list of categories of public servants which fall within the exclusion established in section 51 of the Act.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous direct request, the Committee had noted that Act No. 86/2013 issuing the General Statute of the Public Service does not include provisions recognizing the right to strike and in this respect noted the Government’s indication that the Committee’s comments would be taken into account in the context of the reform of the Act. In the absence of any new information regarding reform previously announced by the Government, the Committee expects that the Government will take the necessary measures for the recognition of the right to strike of public servants, with the possible exclusion of those exercising authority in the name of the State, and will provide information on any developments in this regard.

With regard to Ministerial Order No. 4 of 13 July 2010 determining “indispensable services” and the conditions for the exercise of the right to strike in such services, the Committee had previously requested the Government to amend section 11(2), according to which “in the public interest and in the interests of the health of the population, the authorities may prevent workers and employers from having recourse to strikes or lock-outs”. The Committee had recalled in this regard that the right to strike may only be restricted or prohibited in essential services in the strict sense of the term (namely, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), in the public service only for public servants exercising authority in the name of the State, or in situations of acute national or local crisis. The Committee notes from the Government’s report that Ministerial Order No. 4 will be considered during the revision of the labour legislation. The Committee expects that the necessary measures to amend section 11(2) of the Ministerial Order will be taken without delay. It requests the Government to provide information on any legislative developments in this regard.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee had requested the Government to review the provisions of Ministerial Order No. 11 referred to below to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention:

• – Judicial record. Under the terms of section 3(5) of Ministerial Order No. 11, of September 2010, an occupational organization of employers or workers, in order to be registered, has to be able to prove that its representatives have never been convicted of offences with sentences of imprisonment equal to or over six months. In the view of the Committee, conviction on account of offences the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions should not constitute grounds for disqualification from holding trade union office.
• – Time limits for registration. Under the terms of section 5 of Ministerial Order No. 11, the authorities have a time limit of 90 days to process the application for the registration of a trade union. The Committee recalls that a long registration procedure is a serious obstacle to the establishment of organizations without previous authorization, in accordance with Article 2 of the Convention.

The Committee regrets that the Government provides no information on the measures taken or envisaged in this respect. The Committee once again requests the Government to take the necessary measures in consultation with the social partners to amend the abovementioned provisions, so as to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention.

Right of public servants to join a union of their own choosing. In its previous comments, the Committee had noted Act No. 86/2013, of 19 September 2013, on the General Statute of Public Servants, section 51 of which recognizes the right of public servants to join a union of their own choosing. It had requested the Government to indicate whether public servants, in addition to the right to join a trade union, also enjoy the right to establish a union of their own choosing, and to indicate the relevant legislative provisions. The Committee regrets that the Government has not responded to this query. In the absence of a reply on this matter, the Committee reiterates its previous request.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that, under the terms of section 124 of the Labour Code, any organization requesting recognition as the most representative organization has to authorize the labour administration to check the register of its members and property. In this respect, the Government had previously indicated that the need to amend this provision was being reviewed in consultation with the social partners, and now indicates that a tripartite meeting agreed that the authorization requirement should remain. The Committee takes due note of this information.

The Committee is raising other matters in a request addressed directly to the Government.

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

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Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee had noted that section 51 of Act No. 86/2013 of 19 September 2013 issuing the General Statute of the Public Service recognizes the right of public servants to join the union of their own choosing, with the exception of “political office holders” and “officers of the security services” and had requested the Government to provide information on this exclusion. The Committee notes the Government’s indication that under section 51, political leaders and public servants of security-related services are excluded but that other public servants may join any trade union of their own choosing. The Committee once again recalls that the Convention sets out the right of workers, without distinction whatsoever, including political leaders to establish and join organizations of their own choosing, and only authorizes exemptions in relation to the police and the armed forces. These exceptions must however be construed in a restrictive manner so as not to include public servants of security-related services. The Committee once again requests the Government to provide a list of categories of public servants which fall within the exclusion established in section 51 of the Act.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous direct request, the Committee had noted that Act No. 86/2013 issuing the General Statute of the Public Service does not include provisions recognizing the right to strike and in this respect noted the Government’s indication that the Committee’s comments would be taken into account in the context of the reform of the Act. In the absence of any new information regarding reform previously announced by the Government, the Committee expects that the Government will take the necessary measures for the recognition of the right to strike of public servants, with the possible exclusion of those exercising authority in the name of the State, and will provide information on any developments in this regard.

With regard to Ministerial Order No. 4 of 13 July 2010 determining “indispensable services” and the conditions for the exercise of the right to strike in such services, the Committee had previously requested the Government to amend section 11(2), according to which “in the public interest and in the interests of the health of the population, the authorities may prevent workers and employers from having recourse to strikes or lock-outs”. The Committee had recalled in this regard that the right to strike may only be restricted or prohibited in essential services in the strict sense of the term (namely, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), in the public service only for public servants exercising authority in the name of the State, or in situations of acute national or local crisis. The Committee notes from the Government’s report that Ministerial Order No. 4 will be considered during the revision of the labour legislation. The Committee expects that the necessary measures to amend section 11(2) of the Ministerial Order will be taken without delay. It requests the Government to provide information on any legislative developments in this regard.

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Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee had requested the Government to review the provisions of Ministerial Order No. 11 referred to below to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention:

• -Judicial record. Under the terms of section 3(5) of Ministerial Order No. 11, of September 2010, an occupational organization of employers or workers, in order to be registered, has to be able to prove that its representatives have never been convicted of offences with sentences of imprisonment equal to or over six months. In the view of the Committee, conviction on account of offences the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions should not constitute grounds for disqualification from holding trade union office.
• -Time limits for registration. Under the terms of section 5 of Ministerial Order No. 11, the authorities have a time limit of 90 days to process the application for the registration of a trade union. The Committee recalls that a long registration procedure is a serious obstacle to the establishment of organizations without previous authorization, in accordance with Article 2 of the Convention.

The Committee regrets that the Government provides no information on the measures taken or envisaged in this respect. The Committee once again requests the Government to take the necessary measures in consultation with the social partners to amend the abovementioned provisions, so as to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention.

Right of public servants to join a union of their own choosing. In its previous comments, the Committee had noted Act No. 86/2013, of 19 September 2013, on the General Statute of Public Servants, section 51 of which recognizes the right of public servants to join a union of their own choosing. It had requested the Government to indicate whether public servants, in addition to the right to join a trade union, also enjoy the right to establish a union of their own choosing, and to indicate the relevant legislative provisions. The Committee regrets that the Government has not responded to this query. In the absence of a reply on this matter, the Committee reiterates its previous request.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that, under the terms of section 124 of the Labour Code, any organization requesting recognition as the most representative organization has to authorize the labour administration to check the register of its members and property. In this respect, the Government had previously indicated that the need to amend this provision was being reviewed in consultation with the social partners, and now indicates that a tripartite meeting agreed that the authorization requirement should remain. The Committee takes due note of this information.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted that section 51 of Act No. 86/2013, of 19 September 2013, issuing the General Statute of the Public Service, recognizes the right of public servants to join the union of their own choosing, with the exception of “political office holders” and “officers of the security services”. In the absence of a reply from the Government on this point, the Committee recalls that the Convention sets out the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing, and only authorizes exemptions in relation to the police and the armed forces. The Committee requests the Government to provide information concerning the exclusion established in section 51 of the Act, and the process of revising the General Statute of the Public Service.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous direct request, the Committee noted that Act No. 86/2013, issuing the General Statute of the Public Service, does not include provisions recognizing the right to strike. Noting the Government’s statement that the Committee’s comments will be taken into account in the context of the current reform of the General Statute of the Public Service, the Committee trusts that the Government will take the necessary measures for the recognition of the right to strike of public employees other than those exercising authority in the name of the State and will provide information on any developments in this regard.

With regard to Ministerial Order No. 04 of 13 July 2010 determining “indispensable services” and the conditions for the exercise of the right to strike in such services, the Committee noted previously that, under the terms of section 11(2), “in the public interest and in the interests of the health of the population, the authorities may prevent workers and employers from having recourse to strikes or lock-outs”. The Committee recalls in this regard that the right to strike may only be restricted or prohibited in essential services in the strict sense of the term (namely, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), in the public service only for public servants exercising authority in the name of the State, or in situations of acute national or local crisis (see the 2012 General Survey on the fundamental Conventions, paragraphs 129–133 and 140). The Committee once again requests the Government to take the necessary measures to amend section 11(2) of the Ministerial Order to bring it into conformity with the requirements of the principles referred to above, and to provide information on any legislative developments in this regard.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, concerning matters relating to the application of the Convention. The Committee requests the Government to provide its comments in this regard. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. Registration procedures. The Committee notes Ministerial Order No. 11 of 7 September 2010, communicated by the Government, determining the conditions and procedures for the registration of workers’ unions and employers’ organizations.

• -Judicial record. Under the terms of section 3(5) of Ministerial Order No. 11, an occupational organization of employers or workers, in order to be registered, has to be able to prove that its representatives have never been convicted of offences with sentences of imprisonment equal to or over six months. In the view of the Committee, conviction on account of offences the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions should not constitute grounds for disqualification from holding trade union office.
• -Time limits for registration. Under the terms of section 5 of Ministerial Order No. 11, the authorities have a time limit of 90 days to process the application for the registration of a trade union. The Committee recalls that a long registration procedure is a serious obstacle to the establishment of organizations without previous authorization, in accordance with Article 2 of the Convention.

The Committee requests the Government to review the provisions referred to above with a view to their amendment to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention.

Right of public servants to join a union of their own choosing. In its previous comments, the Committee noted Act No. 86/2013, of 19 September 2013, on the General Statute of Public Servants, section 51 of which recognizes the right of public servants to join a union or their own choosing. In the absence of information on this matter, the Committee once again requests the Government to provide information on the recognition of the right of public servants to establish their own unions in law and in practice, and on their other rights under the Convention.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee noted that, under the terms of section 124 of the Labour Code, any organization requesting recognition as the most representative organization has to authorize the labour administration to check the register of its members and assets. The Government indicated in this regard that this requirement would be removed from the labour legislation. Noting the Government’s statement that the process of revising the Labour Code has not yet been completed, the Committee requests the Government to provide a copy of the text, once it has been adopted, which removes from the Labour Code the requirement for the verification of the register of assets.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. However, the Committee observes that the new Law 86/2013, of 19 September 2013, on the General Statute of Public Servants, in its article 51, recognizes the right to join any trade union to public servants, apart from “political leaders” and “public servants of security related services”. Recalling that the Convention enshrines the right of workers, without distinction whatsoever, to organize, only authorizing exceptions as to the police and the armed forces, the Committee requests the Government to provide more information concerning the exclusions set out in article 51 of the abovementioned Law. The Committee hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Right of workers and employers without distinction whatsoever, to establish organizations of their own choosing. Registration procedures. The Committee previously noted that section 102 of the Labour Code provided that an order of the Minister in charge of labour shall determine the modalities and conditions for the registration of trade unions and employers’ organizations. The Committee notes that the Government indicates that the Ministerial Order No. 11 of 7 September 2010 determines the modalities and requirements for the registration of trade unions and employers’ organizations. The Committee requests the Government to provide a copy of this Ministerial Order.

Articles 3 and 10. Right of organizations to freely organize their activities and to formulate their programmes. On previous occasions the Committee noted that there were no legislative provisions referring to the recognition and conditions governing the right to strike of public servants other than servants exercising authority in the name of the State. The Committee observes that the new Law 86/2013 of 19 September 2013 on the General Statute of Public Servants does not include provisions recognizing the right to strike. The Committee requests the Government to take any necessary measures for the recognition of the right to strike of public servants other than those exercising authority in the name of the State and to provide information on any development in this respect.

With regard to the Ministerial Order No. 04 dated 13 July 2010 establishing the “indispensable services” and the conditions of exercising the right to strike in these activities, the Committee notes that section 11, paragraph 2, determines that “For public interest and the health of the population, the Authorities may stop the workers and the employers from exercising the strike or lock-out”. In this respect, the Committee recalls that the right to strike may be restricted or prohibited only when it is related to “essential services” in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population, in the public service only for servants exercising authority in the name of the State, or in situations of acute national or local crisis (see General Survey on the fundamental Conventions concerning rights at work in light of the ILO Declaration on Social Justice for a Fair Globalization, 2008, paragraphs 129, 130, 131, 132, 133 and 140). The Committee requests the Government to take the necessary measures to amend section 11, paragraph 2, of the Ministerial Order in order to bring it into conformity with the requirements of the abovementioned principles and to provide information on any development of this legislative process.

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The Committee notes the observations of the International Trade Union Corporation (ITUC) received on 31 August 2014 on the matters related to the application of the Convention. The Committee requests the Government to provide its comments in this regard.

The Committee notes as well the observations of the International Organisation of Employers (IOE) received on 1 September 2015.

The Committee takes note of the new Law 86/2013 of 19 September 2013 on the General Statute for Public Servants, whose article 51 recognizes the right of public servants to join any trade union of their choice. The Committee requests the Government to provide information on the recognition of the right of public servants to establish their own unions as well as their other rights under the Convention.

The Committee also notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee had taken note of the comments provided by the ITUC dated 31 July 2012 on the application of the Convention. The Committee requests again the Government to provide its observations thereon.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee had noted in its previous comments that under the terms of section 124 of the Labour Code any organization requesting recognition as the most representative organization had to authorize the labour administration to check the register of its members and property. The Committee had noted that the Government indicates that this requirement will be removed from the labour law. The Committee requests again the Government to provide a copy of the legal text which repeals the requirement to check the register of property from the Labour Code.

The Committee is raising other matters in a request addressed directly to the Government.

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

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Article 2 of the Convention. Right of workers and employers without distinction whatsoever, to establish organizations of their own choosing. Registration procedures. The Committee previously noted that section 102 of the Labour Code provided that an order of the Minister in charge of labour shall determine the modalities and conditions for the registration of trade unions and employers’ organizations. The Committee notes that the Government indicates that the Ministerial Order No. 11 of 7 September 2010 determines the modalities and requirements for the registration of trade unions and employers’ organizations. The Committee requests the Government to provide a copy of this Ministerial Order.

Articles 3 and 10. Right of organizations to freely organize their activities and to formulate their programmes. On previous occasions the Committee noted that there were no legislative provisions referring to the recognition and conditions governing the right to strike of public servants other than servants exercising authority in the name of the State. The Committee notes that, according to the Government’s report, the Act on General Statutes for Public Servants is being revised and that full legislative expression has been given to public servants’ rights to organize and collective bargaining. The Committee hopes the revised text will take duly into account its comments and requests the Government to provide a copy of the Law upon its adoption.

Finally, with regard to the Ministerial Order No. 04 dated 13 July 2010 establishing the “indispensable services” and the conditions of exercising the right to strike in these activities, the Committee notes that section 11, paragraph 2, determines that “For public interest and the health of the population, the Authorities may stop the workers and the employers from exercising the strike or lock-out”. In this respect, the Committee recalls that the right to strike may be restricted or prohibited only when it is related to “essential services” in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population, in the public service only for servants exercising authority in the name of the State, or in situations of acute national or local crisis (see General Survey on the fundamental Conventions concerning rights at work in light of the ILO Declaration on Social Justice for a Fair Globalization, 2008, paragraphs 129, 130, 131, 132, 133 and 140). The Committee requests the Government to take the necessary measures to amend section 11, paragraph 2, of the Ministerial Order in order to bring it into conformity with the requirements of the abovementioned principles and to provide information on any development of this legislative process.

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The Committee notes the Government’s reply to the comments made by the International Trade Union Confederation (ITUC) dated 24 August 2010. The Committee also takes note of the comments provided by the ITUC dated 31 July 2012 on the application of the Convention. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted that Law No. 22/2002 of 9 July 2002, on the General Statute for the Rwanda Public Service was silent on the right of public servants to organize and to collective bargaining, although section 73 of the Law provided that public servants and the staff of public enterprises enjoyed rights and freedoms on the same basis as other citizens, the procedure for the implementation of section 73 of Law No. 22/2002 was still to be determined, and the scope of relevant provisions of the Labour Code respecting occupational organizations needed to be extended to state officials. The Committee notes that the Government indicates in its report that the Law on General Statute for Public Servants is being revised and that full legislative expression on public servants’ right to organize and to collective bargaining has been given in the draft Law. The Committee hopes that the Law will be adopted in the near future and requests the Government to provide a copy once it is adopted.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. The Committee noted that section 155(2) of the new Labour Code refers to an order of the Minister responsible for labour to determine “indispensable services” and the conditions of exercising the right to strike in these activities. The Committee had noted that the order was being prepared and requested the Government to supply a copy of the legal text once adopted. The Committee notes that a copy of the Ministerial Order No. 04 dated 13 July 2010 has been provided. The Committee raises certain issues related to the content of this Rule in a direct request.

Finally, the Committee had noted in its previous comments that under the terms of section 124 of the Labour Code any organization requesting recognition as the most representative organization had to authorize the labour administration to check the register of its members and property. The Committee notes that the Government indicates that this requirement will be removed from the labour law. The Committee requests the Government to provide a copy of the legal text which repeals the requirement to check the register of property from the Labour Code.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations of their own choosing. Registration procedures. The Committee noted that article 102 of the Labour Code provides that an order of the minister in charge of labour shall determine the modalities and conditions for the registration of trade unions and employers’ organizations. The Committee recalls in this respect that there should be the right to appeal to independent courts against any administrative decision regarding the registration of organizations (see 1994 General Survey on freedom of association and collective bargaining, paragraph 77). The Government is requested to provide a copy of the order in question when it has been adopted, and of any other order which may be related to the exercise of trade union rights.

Articles 3 and 10. Right of organizations of public servants to formulate their programmes for the defence of the occupational interests of their members, including recourse to collective action and strikes. In its previous comments, the Committee noted that there were no legislative provisions referring to the recognition and conditions governing the right to strike of public servants not exercising authority in the name of the State and it noted the Government’s intention to take measures to determine the conditions for the exercise of the right to strike by this category of public servant. Noting that, according to the Government’s report, the process is under way of revising the General Statute governing civil servants, the Committee once again requests the Government to indicate without delay any measure adopted or envisaged on this matter.

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The Committee notes with regret that the Government’s report has not been received. It must therefore reiterate its previous observation, which read as follows:

Repetition

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted that: (1) articles 11, 33, 35, 36, 38 and 39 of the Constitution of 4 June 2003 guarantee freedom of expression and association for state employees, as for all other citizens; (2) Law No. 22/2002 of 9 July 2002, on the General Statute for the Rwanda public service, is silent on the right of public servants to organize and to collective bargaining, although section 73 of the Law provides that public servants and the staff of public enterprises enjoy rights and freedoms on the same basis as other citizens; (3) the procedures for the implementation of section 73 of Law No. 22/2002 are still to be determined, and the scope of the relevant provisions of the Labour Code respecting occupational organizations need to be extended to state officials; and (4) although the Government indicated that there are unions of public servants in Rwanda, the legal void as regards the right to organize of this category of workers could give rise to problems in practice. The Committee noted that, under the terms of section 3 of the new Labour Code, “every person employed under the general statutes for the Rwanda public service or every person under specific statutes shall not be subject to the provisions of this law, except for matters that may be provided for by Prime Minister’s orders”. It further noted that, according to the Government’s report, the process is under way of revising the General Statute governing public civil servants. The Committee recalls that public servants shall enjoy the right to establish and join organizations of their own choosing to further and defend their interests. The Committee trusts that the revision of the General Statute governing public civil servants will be completed in the near future and that it will take duly into account the above principle so as to ensure that public servants enjoy the guarantees laid down in the Convention. It requests the Government to provide a copy of the Law once it has been adopted.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes in full freedom. The Committee noted that section 155(2) of the new Labour Code refers to an order of the Minister responsible for labour to determine “indispensable services” and the conditions of exercising the right to strike in these services. In its report, the Government had indicated that the order is prepared following consultations with the National Labour Council and that the text is still at the draft stage. The Committee requests the Government to provide a copy of the order once it has been adopted.

The Committee noted that, under the terms of section 124 of the Labour Code, any organization requesting recognition as the most representative organization has to authorize the labour administration to check the register of its members and property. In this respect, the Committee recalls that the control exercised by the public authorities over trade union finances should not go beyond the requirement for the organizations to submit periodic reports. The Committee trusts that the Government will take the necessary measures to amend section 124 of the Labour Code taking into account the above principle.

The Committee notes the comments of 24 August 2010 by the International Trade Union Confederation (ITUC) and asks the Government to provide its observations thereon.

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

Lastly, the Committee notes the comments of 4 August 2011 by the ITUC which refer to matters already raised by the Committee.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations of their own choosing Registration procedures. The Committee had noted that article 102 of the Labour Code provides that an order of the minister in charge of labour shall determine the modalities and conditions for the registration of trade unions and employers’ organizations. The Committee recalls in this respect that there should be the right to appeal to independent courts against any administrative decision regarding the registration of organizations (see 1994 General Survey on freedom of association and collective bargaining, paragraph 77). The Government is requested to provide a copy of the order in question when it has been adopted, and of any other order which may be related to the exercise of trade union rights.

Articles 3 and 10. Right of organizations of public servants to formulate their programmes for the defence of the occupational interests of their members, including recourse to collective action and strikes. In its previous comments, the Committee noted that there were no legislative provisions referring to the recognition and conditions governing the right to strike of public servants not exercising authority in the name of the State and it noted the Government’s intention to take measures to determine the conditions for the exercise of the right to strike by this category of public servant. Noting that, according to the Government’s report, the process is under way of revising the General Statute governing civil servants, the Committee once again requests the Government to indicate without delay any measure adopted or envisaged on this matter.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted that: (1) articles 11, 33, 35, 36, 38 and 39 of the Constitution of 4 June 2003 guarantee freedom of expression and association for state employees, as for all other citizens; (2) Law No. 22/2002 of 9 July 2002, on the General Statute for the Rwanda public service, is silent on the right of public servants to organize and to collective bargaining, although section 73 of the Law provides that public servants and the staff of public enterprises enjoy rights and freedoms on the same basis as other citizens; (3) the procedures for the implementation of section 73 of Law No. 22/2002 are still to be determined, and the scope of the relevant provisions of the Labour Code respecting occupational organizations need to be extended to state officials; and (4) although the Government indicated that there are unions of public servants in Rwanda, the legal void as regards the right to organize of this category of workers could give rise to problems in practice. The Committee had noted that, under the terms of section 3 of the new Labour Code, “every person employed under the general statutes for the Rwanda public service or every person under specific statutes shall not be subject to the provisions of this law, except for matters that may be provided for by Prime Minister’s orders”. It further noted that, according to the Government’s report, the process is under way of revising the General Statute governing public civil servants. The Committee recalls that public servants shall enjoy the right to establish and join organizations of their own choosing to further and defend their interests. The Committee trusts that the revision of the General Statute governing public civil servants will be completed in the near future and that it will take duly into account the above principle so as to ensure that public servants enjoy the guarantees laid down in the Convention. It requests the Government to provide a copy of the Law once it has been adopted.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes in full freedom. The Committee had noted that section 155(2) of the new Labour Code refers to an order of the Minister responsible for labour to determine “indispensable services” and the conditions of exercising the right to strike in these services. In its report, the Government had indicated that the order is prepared following consultations with the National Labour Council and that the text is still at the draft stage. The Committee requests the Government to provide a copy of the order once it has been adopted.

The Committee had noted that, under the terms of section 124 of the Labour Code, any organization requesting recognition as the most representative organization has to authorize the labour administration to check the register of its members and property. In this respect, the Committee recalls that the control exercised by the public authorities over trade union finances should not go beyond the requirement for the organizations to submit periodic reports. The Committee trusts that the Government will take the necessary measures to amend section 124 of the Labour Code taking into account the above principle.

The Committee is raising other points in a request addressed directly to the Government.

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

Finally, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC) dated 24 August 2010. The Committee requests the Government to provide its observations thereon.

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Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations of their own choosing Registration procedures. The Committee observes that article 102 of the Labour Code provides that an order of the minister in charge of labour shall determine the modalities and conditions for the registration of trade unions and employers’ organizations. The Committee recalls in this respect that there should be the right to appeal to independent courts against any administrative decision regarding the registration of organizations (see 1994 General Survey on freedom of association and collective bargaining, paragraph 77). The Government is requested to provide a copy of the order in question when it has been adopted, and of any other order which may be related to the exercise of trade union rights.

Articles 3 and 10. Right of organizations of public servants to formulate their programmes for the defence of the occupational interests of their members, including recourse to collective action and strikes. In its previous comments, the Committee noted that there were no legislative provisions referring to the recognition and conditions governing the right to strike of public servants not exercising authority in the name of the State and it noted the Government’s intention to take measures to determine the conditions for the exercise of the right to strike by this category of public servant. Noting that, according to the Government’s report, the process is under way of revising the General Statute governing civil servants, the Committee once again requests the Government to indicate without delay any measure adopted or envisaged on this matter.

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The Committee notes the Government’s reply to the comments of the International Trade Union Confederation (ITUC), received in 2008, concerning matters already raised by the Committee relating to the status of public servants and the exercise of the right to strike.

The Committee also notes the adoption of Law No. 13/2009 of 27 May 2009, issuing the new Labour Code.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted that: (1) articles 11, 33, 35, 36, 38 and 39 of the Constitution of 4 June 2003 guarantee freedom of expression and association for State employees, as for all other citizens; (2) Law No. 22/2002 of 9 July 2002, on the General Statute for the Rwanda public service, is silent on the right of public servants to organize and to collective bargaining, although section 73 of the Law provides that public servants and the staff of public enterprises enjoy rights and freedoms on the same basis as other citizens; (3) the procedures for the implementation of section 73 of Law No. 22/2002 are still to be determined, and the scope of the relevant provisions of the Labour Code respecting occupational organizations need to be extended to state officials; and (4) although the Government indicated that there are unions of public servants in Rwanda, the legal void as regards the right to organize of this category of workers could give rise to problems in practice. The Committee notes that, under the terms of section 3 of the new Labour Code, “every person employed under the general statutes for the Rwanda public service or every person under specific statutes shall not be subject to the provisions of this law, except for matters that may be provided for by Prime Minister’s orders”. It further notes that, according to the Government’s report, the process is under way of revising the General Statute governing public civil servants. The Committee recalls that public servants shall enjoy the right to establish and join organizations of their own choosing to further and defend their interests. The Committee trusts that the revision of the General Statute governing public civil servants will be completed in the near future and that it will take duly into account the above principle so as to ensure that public servants enjoy the guarantees laid down in the Convention. It requests the Government to provide a copy of the Law once it has been adopted.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes in full freedom. The Committee notes that section 155(2) of the new Labour Code refers to an order of the Minister responsible for labour to determine “indispensable services” and the conditions of exercising the right to strike in these services. In its report, the Government indicates that the order is prepared following consultations with the National Labour Council and that the text is still at the draft stage. The Committee requests the Government to provide a copy of the order once it has been adopted.

The Committee observes that, under the terms of section 124 of the Labour Code, any organization requesting recognition as the most representative organization has to authorize the labour administration to check the register of its members and property. In this respect, the Committee recalls that the control exercised by the public authorities over trade union finances should not go beyond the requirement for the organizations to submit periodic reports. The Committee trusts that the Government will take the necessary measures to amend section 124 of the Labour Code taking into account the above principle.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It recalls that its previous comments referred to the following points.

Articles 3 and 10 of the Convention. Right to strike. In its previous comments, the Committee noted that section 183 of the Labour Code, read together with section 189, appeared to provide for a form of compulsory arbitration placing too great a restriction on the right to strike of trade union organizations. It would appear that these trade union organizations are bound to follow specific procedures before the Conciliation Council and, if this is not successful, before the competent court, strikes being banned for the duration of these procedures and once there is a final and binding decision. The Committee trusts that, in the process under way of revising the Labour Code, the Government will take due account of the need to amend section 189 to allow trade union organizations to resort to strikes in the event of disagreement with the final decision. The Committee requests the Government to indicate any measures taken or envisaged in this regard.

Right of organizations of public servants not exercising authority in the name of the State to formulate their programmes in defence of the occupational interests of their members, including recourse to collective action and to strikes. In its previous comments, the Committee noted that no provisions in the law refer to the granting of the right to strike for public servants not exercising authority in the name of the State or the conditions under which it may be exercised, and noted the Government’s intention to have procedures established for the exercise of the right to strike of this category of public servants. The Committee requests the Government to indicate without delay any measures taken or envisaged in this regard.

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The Committee notes that the Government’s report has not been received. The Committee also notes the comments of 29 August 2008 by the International Trade Union Confederation (ITUC), referring to matters already raised by the Committee concerning the status of public servants and the exercise of the right to strike.

The Committee recalls that, for many years, its comments have referred to the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted that: (1) articles 11, 33, 35, 36, 38 and 39 of the Constitution of 4 June 2003 guarantee freedom of expression and association for state employees as for all other citizens; (2) Act No. 22/2002 of 9 July 2002 issuing the general conditions of service of the public service in Rwanda says nothing about the right of public servants to organize and to collective bargaining, but section 73 of the Act provides that public servants and the staff of public enterprises enjoy rights and freedoms on the same basis as other citizens; (3) the procedures for the implementation of section 73 of Act No. 22/2002 are still to be determined and that application of the provisions of Title VIII of the Labour Code governing occupational organizations should be extended to state officials; and (4) although the Government indicated that there are unions of public servants in Rwanda, the Committee held the view that the legal void as regards the right to organize of this category of workers could cause problems in practice. The Committee also noted the Government’s indication that it was considering amending the Labour Code so as to provide in section 2(2) that “any person covered by the status of a public administration is not covered by the present Code, with the exception of matters decided upon by a decree from the Prime Minister”, and that it was therefore anticipated that the Prime Minister’s decree could extend the procedures concerning unionization, claims and collective bargaining to public servants. The Committee requests the Government to indicate without delay any progress made to ensure due recognition in the legislation of the guarantees provided for by the Convention in respect of public servants, in accordance with the requirements of the Convention.

Article 3. Right to strike. The Committee previously noted that, in accordance with section 191 of the Labour Code, the right to strike of workers in jobs that are essential to the security of persons and property, and workers in services the interruption of which would jeopardize human safety and life, is exercised in accordance with the specific procedures laid down by Order of the Minister of Labour. The Committee therefore asked the Government to provide a copy of the Order in question. The Committee requests the Government to indicate any developments concerning the adoption of the implementing decree for section 191 of the Labour Code or any other measures taken concerning this matter within the context of the revision of the Labour Code under way.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the Government’s report. It notes that a draft amendment of the Labour Code is in process but it has not yet been sent to the Office.

Articles 3 and 10 of the Convention. 1. Right to strike. Referring to its previous comments, the Committee noted that section 183 of the Labour Code, read together with section 189, appeared to provide for a form of compulsory arbitration placing too great a restriction on the right to strike of trade union organizations. It would appear that the latter are bound to follow specific procedures before a conciliation council and, if this is not successful, before the competent jurisdiction, strikes being banned for the duration of these procedures and once there is a final and binding decision. The Committee trusts that the draft amendment of the Labour Code will take into account the need to amend section 189 of the Labour Code to allow trade union organizations to resort to strikes in the event of disagreement with the final decision. The Committee requests the Government to keep it informed of the steps taken in this respect.

2. Right of organizations of public servants not exercising authority in the name of the State to formulate their programmes in defence of the occupational interests of their members including recourse to collective action and to strikes. In its previous comments, the Committee noted that no provisions in the law refer to the granting of the right to strike for public servants or the conditions under which it may be exercised, and noted the Government’s intention to have procedures established for the exercise of the right to strike of public servants. Noting from the Government’s report that the draft amendment of the Labour Code provides for a decree, adopted by the Prime Minister, which will specify the modalities concerning claims and collective bargaining of public officials, the Committee requests the Government to keep it informed in this regard.

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The Committee notes the Government’s report. It notes that a draft amendment of the Labour Code is in process but has not yet been sent to the Office. It also notes the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) referring to matters already raised by the Committee concerning the status of public servants and the exercise of the right to strike in essential services. In this respect, the Government indicates that the ICFTU’s comments are welcomed and that it will take them into account when it will elaborate projects for decrees on the application of the modified Labour Code.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted: (1) that articles 11, 33, 35, 36, 38 and 39 of the Constitution of 4 June 2003 guarantee freedom of expression and association for state employees as for all other citizens; (2) that, although Act No. 22/2002 of 9 July 2002 issuing the general conditions of service of the public service in Rwanda says nothing about the right of public servants to organize and to collective bargaining, section 73 of the Act providing that public servants and the staff of public enterprises enjoy rights and freedoms on the same basis as other citizens, allows the interference that public servants have the right to establish occupational organizations in the same way as private sector employees; (3) that, although there are unions of public servants in Rwanda, there is a legal void as regards the right to organize of public servants, which is liable to cause problems in practice; and (4) the procedures for the implementation of section 73 of Act No. 22/2002 are still to be determined and that application of the provisions of Title VIII of the Labour Code governing occupational organizations should be extended to state officials. The Committee notes the declaration of the Government that it is not its intention to restrict the right of association of officials. In this respect, the Government underlines that section 2(2) provides that “Any person covered by the status of a public administration is not covered by the present Code, with the exception of matters decided upon by a decree from the Prime Minister.” The Government further states this is why the Prime Minister’s decree on the application of the Labour Code will soon extend to modalities concerning unionization, claims and collective bargaining to public servants. The Committee requests the Government to keep it informed of any progress made in this respect in its next report.

Article 3. Right to strike. The Committee asked the Government to provide a copy of the Ministry of Labour Order establishing procedures for the implementation of section 191 of the Labour Code which provides that the right to strike of workers in jobs that are essential to the security of persons and property, and in jobs the halting of which would jeopardize human safety and life, is exercised in accordance with specific procedures. The Committee noted in this connection that, according to the Government, no procedures had yet been established for implementing this provision. The Committee requests the Government to keep it informed of the steps taken or envisaged on this matter in the context of the current revision of the Labour Code.

The Committee is addressing a request on other matters directly to the Government.

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The Committee notes the Government’s report.

Articles 3 and 10 of the Convention. 1. Right to strike. In its previous comments, the Committee had noted that section 183 of the Labour Code provides that, when a collective labour dispute occurs, before referring the matter to the competent jurisdiction, the parties concerned must first submit it to the Conciliation Council to endeavour to reach an agreed settlement. Where conciliation is not successful, the dispute shall be brought to the competent jurisdiction. The Committee had also noted that section 189 prohibits any strike by workers before the exhaustion of the procedures set out in the Labour Code, or in violation of a conciliation agreement on the collective dispute or a judgement that has become final. In this respect, the Committee had requested the Government to indicate the circumstances in which workers can lawfully have recourse to strike action in practice, since section 189 appears to prohibit such action before the exhaustion of the procedures set out in section 183. The Committee notes that, according to the Government, a strike will occur, on the one hand, as a reaction to negative behaviour by one of the parties which has not complied with the judgement issued by the competent jurisdiction once it has become final and, on the other hand, when, following the expiry of the 15-day period, the conciliation council to which the matter has been referred has not issued its conclusion (section 189(2) of the Labour Code).

The Committee recalls that provisions which, for instance, require the parties to exhaust mediation or conciliation procedures or workers’ organizations to observe certain procedural rules before calling a strike are admissible provided that they do not make the exercise of the right to strike impossible or very difficult in practice, which would result in a very wide restriction of this right in fact (see the General Survey on freedom of association and collective bargaining, 1994, paragraph 179). However, it would appear from the Government’s reply that the combination of sections 183 and 189 of the Labour Code seems to constitute a form of compulsory arbitration, thereby excessively restricting the right to strike of trade union organizations. In practice, such organizations appear to be compelled to comply with precise procedures before the Conciliation Council and, in the event of failure, before the competent jurisdiction, these procedures involving the prohibition of recourse to strike action until they are exhausted and the judgement has become final. The Committee therefore requests the Government to amend section 189 of the Labour Code so that, in the case of disagreement with the final decision, trade union organizations may have recourse to strike action. With regard to section 183 of the Labour Code, the Committee also refers to its direct request made in the context of the regular examination of Convention No. 98.

2. Right of organizations of public servants not exercising authority in the name of the State to formulate their programmes in defence of the occupational interests of their members, including recourse to collective action and to strikes. In its previous comments, the Committee had noted that no specific provision of Act No. 22/2002 of 9 July 2002, issuing the general conditions of service of the public service in Rwanda, refers to the granting of the right to strike for public servants or the conditions under which it may be exercised, and requested the Government to indicate the provisions applicable in this respect. The Committee notes the Government’s indication that the general conditions of service of the public service do not set out conditions for the exercise of the right to strike by public servants, that it takes due note of the comments made on this subject and that it will have to endeavour to establish such conditions in future. The Committee takes due note of the Government’s comments and requests it to keep it informed on this matter.

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The Committee notes the Government’s report and the entry into force of the Constitution of 4 June 2003. It also notes the comments of the Confederation of Trade Unions of Rwanda (CESTRAR), dated 31 August 2004, the Association of Christian Trade Unions (ASC/UMURIMO), dated 4 September 2004, the Labour Congress and Brotherhood of Rwanda (COTRAF), dated 6 September 2004, and the National Council of Free Trade Union Organizations of Rwanda (COSYLI), dated 6 September 2004, as well as the Government’s observations on the matters raised.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments the Committee had requested the Government to indicate whether in practice public servants benefit from the right to organize. The Committee notes that, according to the Government, articles 11, 33, 35, 36, 38 and 39 of the Constitution of 4 June 2003 guarantee state public officials, in the same way as any other citizen, the right to freedom of expression and association. Furthermore, the Committee notes the Government’s indication that, although Act No. 22/2002 of 9 July 2002, issuing the general conditions of service of the public service in Rwanda, is silent on the right to organize and collective bargaining of public servants, section 73 of this Act, which provides that public servants and the staff of public enterprises enjoy rights and freedoms on the same basis as other citizens, allows it to be deduced that public servants benefit from the right to establish occupational organizations in the same way as private sector employees. However, the Committee notes the comments of CESTRAR, ASC/UMURIMO and COSYLI to the effect that, although trade unions of public servants exist in Rwanda, there is currently a legal void concerning the right to organize of public servants which is likely to raise problems in practice. Noting the Government’s indication that procedures for the implementation of section 73 of Act No. 22/2002 remain to be formulated and that the application of the provisions of Title VIII of the Labour Code respecting occupational organizations should be extended to cover state officials, the Committee requests the Government to make the necessary amendments to the legislation so that the exercise of the right to organize by public servants can be clarified and facilitated. It requests the Government to keep it informed of any progress achieved in this respect.

Article 3. Right to strike. In its previous comments, the Committee had requested the Government to provide a copy of the order of the Minister of Labour issuing rules under section 191 of the Labour Code, which provides that the right to strike of workers in jobs that are indispensable for the security of persons and property, and in jobs the cessation of which would jeopardize human safety and life, shall be exercised subject to specific procedures. The Committee notes the Government’s indication that the procedures for the implementation of this provision have not yet been issued and that the Committee will be informed as soon as the relevant text is adopted. Noting that the comments of the CESTRAR indicate that this legal void makes the exercise of trade union rights by public servants difficult, the Committee hopes that the order of the Minister of Labour will be adopted in the near future and requests the Government to keep it informed of this matter.

A request on certain other matters is also being addressed directly to the Government.

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The Committee notes with satisfaction the entry into force of Act No. 51/2001 issuing the Labour Code and Act No. 22/2002 issuing the general conditions of service of the public service.

Articles 3 and 10 of the Convention. (i) Right to strike. The Committee notes sections 183-191 of the new Labour Code governing the settlement of collective labour disputes. The Committee notes that section 183 provides that, when a collective labour dispute occurs, before referring the matter to the competent jurisdiction, the parties concerned must first turn to the conciliation council to endeavour to reach an agreed settlement. Where conciliation is not successful, the dispute is brought to the competent jurisdiction. Furthermore, section 189 prohibits any strike by workers before the exhaustion of the procedures set out in the Act, or in violation of a conciliation agreement on the collective dispute or a judgement that has become final. In this respect, the Committee requests the Government to indicate in its next report the circumstances in which workers can in effect lawfully have recourse to strike action in practice, since section 189 appears to prohibit such action before the exhaustion of the procedure set out in section 183.

(ii) Right of organizations of public servants not exercising authority in the name of the State to formulate their programmes in the defence of the occupational interests of their members, including recourse to collective action and to strikes. In its previous comments, the Committee noted that section 26 of the Legislative Decree of 19 March 1974 issuing the general conditions of service of state employees prohibited them from calling strikes or taking part in activities intended to cause a strike in state services. In this respect, the Committee notes with interest that the prohibition of the right to strike is no longer set out in the new general conditions of service of the public service. However, the Committee observes that no specific provision in the conditions of service refers to the granting of the right to strike or the conditions under which it may be exercised. The Committee therefore requests the Government to indicate the provisions applicable in this respect in its next report.

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The Committee notes the Government’s report. It notes with satisfaction the entry into force of Act No. 51/2001 issuing the Labour Code and Act No. 22/2002 issuing the general conditions of service of the public service. The Committee recalls that its previous comments concerned the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. (i) Agricultural workers. The Committee notes with interest that the exclusion of agricultural workers from the scope of the Labour Code, as set out in the former Code, has not been retained in section 2 of the new Code.

(ii) Public servants. The Committee notes that, on the one hand, section 2(2) of the new Labour Code excludes from its scope persons engaged in a public administration, but that, on the other hand, the new general conditions of service of the public service do not contain any specific provision respecting the right to organize of public servants. In this respect, recalling that the provisions of the Convention cover all workers, without distinction whatsoever, the Committee requests the Government to indicate in its next report whether public servants in practice benefit from the right to organize.

Article 3. (i) Right of workers’ organizations to elect their representatives in full freedom. In its previous comments, the Committee had noted that section 8(b) of the Labour Code of 1967 provided that only nationals could be elected as members responsible for the management and administration of a workers’ occupational organization. The Committee notes with interest that, under the terms of section 145 of the new Labour Code, trade union leaders may be of Rwandan nationality or of foreign nationality, although the latter may not be elected until they have completed a period of residence of at least five years in the country and they may not exceed in number one-third of the members of the executive board of the organization.

(ii) Right to strike. The Committee notes that section 191 of the new Labour Code provides that the right to strike of workers in jobs that are indispensable for the safety of persons and goods, and in jobs the cessation of which would jeopardize human safety and life, shall be exercised subject to specific procedures, for which the rules are to be set out in an order made by the Minister of Labour. In this respect, the Committee requests the Government to provide a copy of the above order so that it can ascertain its conformity with the provisions of the Convention.

Furthermore, a request on certain other points is being addressed directly to the Government.

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The Committee notes the Government’s report.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing.

Agricultural workers. The Committee notes with interest the information provided by the Government to the effect that section 2 of the new Labour Code, recently adopted by the Transitional National Assembly, no longer excludes agricultural workers from the scope of the Labour Code. As it has done in the context of the application of Convention No. 11, the Committee requests that the Government provides the text of the new Labour Code with its next report.

Public servants. In its previous comments, the Committee noted the comments of the Confederation of Trade Unions of Rwanda (CESTRAR) regarding section 84 of the Bill to issue the conditions of service of the public service, which envisaged prohibiting state employees from publicly expressing their political, philosophical, religious or trade union opinions. In this respect, the Government emphasizes in its latest report that articles 16, 18, 19 and 20 of the Constitution of 1991 provide that state officials, in the same way as any other citizen, have the right to freedom of expression and of association. The Government also indicates that new general conditions of service for state employees have just been adopted by the Transitional National Assembly without, however, indicating whether or not the provisions concerning the prohibition from expressing their trade union opinions has been maintained. The Committee therefore requests that the Government provides with its next report the text of the new general conditions of service of state employees so that it can examine their conformity with the provisions of the Convention.

Articles 3 and 10. The right of the organizations of public servants not exercising authority in the name of the State to formulate their programmes in the defence of the occupational interests of their members, including recourse to collective action and to strikes. In its previous comments, the Committee noted that section 26 of the Legislative Decree of 19 March 1974 on the general conditions of service of state employees prohibits them from taking part in strikes or in activities aimed at causing a strike in state services. In this respect, the Committee notes with interest that, according to the Government, the prohibition of strike action is no longer contained in the new general conditions of service of state employees. The Committee will review this matter once it has received from the Government the text of the new conditions of service.

Article 3. Right of workers’ organizations to elect their representatives in full freedom. In its previous comments, the Committee noted that section 8(b) of the Labour Code of 1967 provides that only nationals may be elected as members responsible for the management and administration of a workers’ occupational organization. The Committee recalled in this respect that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country. In its latest report, the Government indicates that the amendment permitting the election of foreign workers to executive office in occupational organizations after a period of residence of five years in the country and subject to the condition that their number should not exceed one-third of the members of the management and administration committee of the organization, has been included in the new Act issuing the Labour Code, which has been adopted by the Transitional National Assembly. The Committee notes this information with interest and will examine the new provisions when it has a copy of the new Labour Code.

Envisaged legislation regarding restrictions on the right to strike. The Committee had previously emphasized that section 272 of the draft Labour Code, which restricts the right to strike of workers occupying posts that are essential for, among others, the conservation of installations and equipment and for ensuring the functioning of the country’s vital socio-economic sectors, is too broad in scope to be compatible with the Convention. In its latest report, the Government indicates that the text in question (section 192 of the new Labour Code) has already been adopted by the Transitional National Assembly and that during the preparation of the texts implementing the new Code, which should be completed by the end of 2001, the Government will take into account the concerns expressed by the Committee. In this respect, the Committee trusts that the texts issued under this provision will restrict the right to strike only in essential services, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis. It therefore requests the Government to provide copies of the texts implementing the new Labour Code as soon as they are adopted.

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The Committee takes note of the Government’s report and of the comments submitted by the Confederation of Trade Unions of Rwanda (CESTRAR) and requests the Government to comment on these in its next report. The Committee recalls its previous observations on the incompatibility between certain provisions of the national legislation and the Convention.

Article 2 of the Convention (the right of workers,
without distinction whatsoever, to establish
organizations of their own choosing)

Agricultural workers

Section 186 of the 1967 Labour Code excludes agricultural workers from the scope of the Labour Code and therefore from the protection guaranteed by the Convention of the right to organize and bargain collectively in respect of employment conditions. The Committee recalls that it has been requesting the Government to include these workers in the Labour Code since 1969 in the framework of the application of Convention No. 11, in order for them to enjoy the same rights as industrial workers. The Committee urges the Government to grant agricultural workers the right to organize in the defence of their occupational interests.

Public servants

The Committee also notes the comments of CESTRAR regarding the application of the Convention and in particular the allegation that section 84 of the draft Act on public service envisages a prohibition on state employees from publicly expressing their political, philosophical, religious or trade union opinions. CESTRAR considers that this provision is tantamount to prohibiting public servants from organizing. The Committee believes that freedom of expression is an essential element of freedom of association. The full exercise of trade union rights calls for a free flow of information, opinions and ideas, and workers, employers and their organizations should enjoy freedom of opinion and expression at their meetings, in their publications, and in the course of their other activities (see General Survey on freedom of association and collective bargaining, 1994, paragraph 38). Moreover, public servants must benefit, as do other workers, from the civil and political rights which are essential to the normal exercise of freedom of association, subject only to obligations devolving from their status and the nature of the functions they perform. The Committee therefore requests the Government to remove the prohibition of the freedom of expression of trade unions from section 84 of the draft Act on public service.

Articles 3 and 10 (the right of the organizations of public servants not exercising authority in the name of the State to formulate their programmes in the defence of the occupational interests of their members, including recourse to collective action and to strikes). Section 26 of the Legislative Decree of 19 March 1974 on the general conditions of service of employees of the State forbids state employees to take part in strikes or in activities aimed at causing a strike in the state services. According to information supplied by the Government in its reports, the review of the general conditions of service of state employees was under examination by the technical services of the Ministry for Labour and the Public Service. This review included amending section 26. The Committee recalls that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State. In its latest report, the Government indicated that section 73 of the draft Act on the review of the general status of civil servants provides that civil servants have the rights and liberties recognized to citizens by the Constitution. It again requests the Government to transmit, in its next report, the text of the draft amendment to section 26.

Article 3 of the Convention (the right of workers’ organizations to elect their representatives in full freedom). Section 8(b) of the 1967 Labour Code provides that only nationals may be elected as members responsible for the management and administration of a workers’ organization. However, the Committee considers that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 63 and 118). The Committee notes that the Government reiterates its earlier comments that the draft Labour Code, under examination, should amend the provisions of section 8. Section 67(2) of the draft indeed provides that foreign workers may be elected to trade union office after a period of residence of at least five years in the country, subject to their number not exceeding one-third of the members of the organization’s management and administration committee. The Committee firmly hopes that this amendment will be adopted very shortly.

Legislation envisaged regarding restrictions to the right to strike

The Committee recalls that section 272 of the draft Labour Code which restricts the right to strike of workers occupying posts essential for the physical safety of persons, for the conservation of installations and for ensuring the functioning of the country’s vital socio-economic sectors, has too wide a scope to be compatible with the Convention. Noting that the Government indicates in its report that this text is dictated by the concern to maintain essential services, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population and that this will be confirmed by the application of section 272, the Committee nevertheless insists that the Government modify the text of section 272 of the draft Labour Code, using the precise terms mentioned in its report.

The Committee requests the Government to communicate information in its next report on all progress achieved in this respect.

[The Government is asked to report in detail in 2001.]

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The Committee notes the information contained in the Government's report and reiterates its earlier comments on the draft Labour Code.

1. The right to establish occupational organizations without previous authorization. The Committee takes due note of the contents of Ministerial Order No. 1974/06 of 18 December 1987, which concerns procedures for depositing the statutes of trade union organizations. It notes that the provisions of this Order are restricted to the formal requirements of establishing organizations with the aim of ensuring that their rules are made public.

2. The right of workers' organizations to organize their activities and to formulate their programmes without interference from the public authorities. The Committee notes the Government's statements that it will take account of its comments on restriction of the right to strike when elaborating the measures to implement the Labour Code. It recalls however that section 272 remains the basic legal text for this draft. This section restricts the right to strike of workers occupying posts essential for the physical safety of persons, for the conservation of installations and for ensuring the functioning of the country's vital socio-economic sectors. The Committee stresses that the right to strike may be restricted only to maintain essential services, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers that section 272 of the draft Labour Code has too wide a scope and that the restrictions to the right to strike should be limited to essential services in the strict sense of the term. In the Committee's opinion this restriction should appear clearly within section 272 itself and not in the implementing texts.

The Committee requests the Government to transmit in its next report all information on progress achieved in these fields.

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The Committee notes the information contained in the Government's report. It raises the following questions:

1. Exclusion of agricultural workers from the scope of the Labour Code and thus from the protection guaranteed by the Convention of the right to organize and bargain collectively in respect of employment conditions (section 186 of the 1967 Labour Code). The Committee recalls that it has been requesting the Government to include these workers in the Labour Code since 1969 in the framework of the application of Convention No. 11 in order for them to enjoy the same rights as industrial workers.

2. Prohibition of the right to strike in the public service. The Committee recalls that the prohibition to the right to strike in the public service should be restricted to public servants who are exercising authority in the name of the State. According to the information provided by the Government in its report, the reform of the general conditions of service of employees of the State is under examination by the technical services of the Ministry of the Public Service and Labour. The reform envisages, inter alia, the amendment of section 26 of the Legislative Decree of 19 March 1974 on the general conditions of service of employees of the State which, in its present wording, forbids state employees to take part in strikes or in activities aimed at causing a strike in the state services. The Committee requests the Government to send in its next report the text of the draft amendment to section 26.

3. Hindrance with respect to the election of trade union representatives. Referring to its previous comments, the Committee notes with interest that the draft Labour Code currently under examination by the Transitional National Assembly, amends the provisions of section 8 of the Labour Code prohibiting election of non-Rwandans to trade union office. Section 67(2) of the draft provides that foreign workers may be elected to trade union office after a period of residence of at least five years in the country and subject to their number not exceeding one-third of the members of the organization's management and administration committee.

The Committee requests the Government to communicate information in its next report on all progress achieved in this respect.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the new draft Labour Code.

1. The right to establish occupational organizations without previous authorization (Article 2 of the Convention). The Committee notes that section 66, subsection 2, of the draft concerning the establishment of workers' and employers' occupational organizations lays down that the statutes of any occupational organization and the names and functions of those who are responsible in any way whatsoever for its administration or leadership must be deposited by the founders of the organization in accordance with the procedure determined by order of the Ministry of Labour.

The Committee recalls that Article 2 of the Convention guarantees the right of workers and employers to establish organizations without previous authorization of the public authorities. National regulations which require certain formalities to be observed when such organizations are established must not be equivalent to previous authorization. Depositing of the rules of an organization is compatible with Article 2 of the Convention if this is merely a formality to ensure that the rules are made public (see paragraphs 68 to 75 of the 1994 General Survey on freedom of association and collective bargaining).

The Committee considers that the order of the Ministry of Labour referred to in section 66 should be restricted to the purely formal requirements of establishing organizations with the aim of ensuring that the rules are made public.

2. The right of workers' organizations to organize their activities and to formulate their programmes without interference from the public authorities (Article 3). The Committee notes also that section 272 of the draft restricts the right to strike of workers occupying posts essential for the physical safety of persons (...) ensuring the functioning of the country's vital socio-economic sectors and lays down the application procedures by ministerial order.

The Committee recalls that the principle under which the right to strike may be restricted or even prohibited in the essential services would be devoid of any meaning if the national legislation defined these services too extensively and that the only services that can be considered essential are those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey, op. cit., paragraphs 150 to 162).

The Committee considers that section 272 has too wide a scope and should be restricted to cases of interruption in essential services within the strict meaning of the term.

The Committee requests the Government to take its observations into account and to send it the drafts of the two orders contemplated in association with the draft Labour Code.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Prohibition of the right to strike in the public service. Recalling that restrictions or prohibition of the right to strike in the public service should be restricted to public servants who are exercising authority in the name of the State, the Committee notes from the information supplied by the Government in its report that the general conditions of service of employees of the State are being amended and that, in order to take into account the observations of the Committee of Experts, the Government intends to amend section 26 of the Legislative Decree of 19 March 1974 issuing the general conditions of service of employees of the State which, in its present wording, forbids state employees to take part in strikes or in activities aimed at causing a strike in the state services. The Committee requests the Government to supply in its next report the draft of the amendment to section 26. 2. Hindrance with respect to the election of trade union representatives. Referring to its previous comments, the Committee notes with interest that the draft Labour Code being submitted, according to the Government's report, amends the provisions of section 8 of the Code prohibiting election of non-Rwandans to trade union office. Section 67(2), of the draft provides that foreign workers may be elected to trade union office after a period of residence of at least five years in the country and subject to their number not exceeding one-third of the members of the organization's management and administration committee. The Committee requests the Government to supply in its next report information on any progress made in these spheres.

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

The Committee is also addressing a direct request on other points to the Government.

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The Committee notes the new draft Labour Code.

1. The right to establish occupational organizations without previous authorization (Article 2 of the Convention). The Committee notes that section 66, subsection 2, of the draft concerning the establishment of workers' and employers' occupational organizations lays down that the statutes of any occupational organization and the names and functions of those who are responsible in any way whatsoever for its administration or leadership must be deposited by the founders of the organization in accordance with the procedure determined by order of the Ministry of Labour.

The Committee recalls that Article 2 of the Convention guarantees the right of workers and employers to establish organizations without previous authorization of the public authorities. National regulations which require certain formalities to be observed when such organizations are established must not be equivalent to previous authorization. Depositing of the rules of an organization is compatible with Article 2 of the Convention if this is merely a formality to ensure that the rules are made public (see paragraphs 68 to 75 of the 1994 General Survey on freedom of association and collective bargaining).

The Committee considers that the order of the Ministry of Labour referred to in section 66 should be restricted to the purely formal requirements of establishing organizations with the aim of ensuring that the rules are made public.

2. The right of worker's organizations to organize their activities and to formulate their programmes without interference from the public authorities (Article 3). The Committee notes also that section 272 of the draft restricts the right to strike of workers occupying posts essential for the physical safety of persons (...) ensuring the functioning of the country's vital socio-economic sectors and lays down the application procedures by ministerial order.

The Committee recalls that the principle under which the right to strike may be restricted or even prohibited in the essential services would be devoid of any meaning if the national legislation defined these services too extensively and that the only services that can be considered essential are those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (op. cit., paragraphs 150 to 162).

The Committee considers that section 272 has too wide a scope and should be restricted to cases of interruption in essential services within the strict meaning of the term.

The Committee requests the Government to take its observations into account and to send it the drafts of the two orders contemplated in association with the draft Labour Code.

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1. Prohibition of the right to strike in the public service. Recalling that restrictions or prohibition of the right to strike in the public service should be restricted to public servants who are exercising authority in the name of the State, the Committee notes from the information supplied by the Government in its report that the general conditions of service of employees of the State are being amended and that, in order to take into account the observations of the Committee of Experts, the Government intends to amend section 26 of the Legislative Decree of 19 March 1974 issuing the general conditions of service of employees of the State which, in its present wording, forbids state employees to take part in strikes or in activities aimed at causing a strike in the state services. The Committee requests the Government to supply in its next report the draft of the amendment to section 26.

2. Hindrance with respect to the election of trade union representatives. Referring to its previous comments, the Committee notes with interest that the draft labour code being submitted, according to the Government's report, amends the provisions of section 8 of the Code prohibiting election of non-Rwandans to trade union office. Section 67(2), of the draft provides that foreign workers may be elected to trade union office after a period of residence of at least five years in the country and subject to their number not exceeding one-third of the members of the organization's management and administration committee.

The Committee requests the Government to supply in its next report information on any progress made in these spheres.

The Committee is also addressing a direct request on other points to the Government.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Prohibition of the right to strike in the public service. The Committee recalls that whereas it has always acknowledged that the right to strike may be limited or even prohibited in the public service, such a prohibition would be nonsensical if legislation adopted a too broad definition of the concept of public service. The Committee cannot disregard the peculiarities or legal and social traditions of each country but it must nevertheless attempt to identify relatively uniform criteria permitting examination of the compatibility of a legislation with the principles of freedom of association. In these circumstances, the prohibition of the right to strike should not be imposed on public servants who are not exercising authority in the name of the State (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 158). The Committee therefore requests the Government to indicate the measures which have been taken, or are envisaged, to amend section 26 of the Legislative Decree of 19 March 1974 to issue the general conditions of service of employees of the State (which, under its present wording, continues to forbid state employees to take part in strikes or in activities aimed at causing a strike in the state services) with a view to limiting the restrictions on the right to strike to those which accord with the principles of freedom of association. 2. Hindrance with respect to the election of trade union representatives. The Committee recalls that under Article 3 of the Convention workers' and employers' organizations shall have the right to elect their representatives in full freedom. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to amend section 8 of the Labour Code which prohibits election of non-Rwandans to trade union office, in order to permit foreign workers to hold trade union office at least after a reasonable period of residence in the country (see paragraph 118 of the General Survey). The Committee reminds the Government that the ILO is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention and hopes that the Government will make every effort to take the necessary action in the very near future. It requests the Government to communicate in its next report information on any progress made in these fields.

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

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The Committee notes with regret that the Government's report does not contain a reply to its previous observation.

1. Prohibition of the right to strike in the public service. The Committee recalls that whereas it has always acknowledged that the right to strike may be limited or even prohibited in the public service, such a prohibition would be nonsensical if legislation adopted a too broad definition of the concept of public service. The Committee cannot disregard the peculiarities or legal and social traditions of each country but it must nevertheless attempt to identify relatively uniform criteria permitting examination of the compatibility of a legislation with the principles of freedom of association. In these circumstances, the prohibition of the right to strike should not be imposed on public servants who are not exercising authority in the name of the State (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 158).

The Committee therefore requests the Government to indicate the measures which have been taken, or are envisaged, to amend section 26 of the Legislative Decree of 19 March 1974 to issue the general conditions of service of employees of the State (which, under its present wording, continues to forbid state employees to take part in strikes or in activities aimed at causing a strike in the state services) with a view to limiting the restrictions on the right to strike to those which accord with the principles of freedom of association.

2. Hindrance with respect to the election of trade union representatives. The Committee recalls that under Article 3 of the Convention workers' and employers' organizations shall have the right to elect their representatives in full freedom.

The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to amend section 8 of the Labour Code which prohibits election of non-Rwandans to trade union office, in order to permit foreign workers to hold trade union office at least after a reasonable period of residence in the country (see paragraph 118 of the General Survey).

The Committee reminds the Government that the ILO is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention and hopes that the Government will make every effort to take the necessary action in the very near future. It requests the Government to communicate in its next report information on any progress made in these fields.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which addressed the following issues:

The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged to amend section 26 of the Legislative Decree of 19 March 1974 to issue the general conditions of service of employees of the State which, under its present wording, continues to forbid state employees to take part in strikes or in activities aimed at causing a strike in the state services, with a view to limiting the restrictions on the right to strike to those which accord with the principles of freedom of association, namely to public servants exercising authority in the name of the State or to services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee also requests the Government to indicate the measures which have been taken or are envisaged to amend section 8 of the Labour Code which prohibits occupational organizations of employees to elect trade union officers who are not of Rwandan nationality, in order to permit foreign workers to hold trade union office after a reasonable period of residence in the country (see paragraph 118 of the 1994 General Survey on Freedom of Association and Collective Bargaining). The Committee would moreover remind the Government that the International Labour Office is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Articles 2 and 3 of the Convention. With refence to its previous comments, the Committee notes with satisfaction the indications supplied by the Government in its report and by the Central Trade Union Organization of Rwanda (CESTRA) to the effect that political and trade union pluralism is now in force, that the independence of the trade union movement is consecrated by the by-laws of CESTRA and that the right to strike has been extended to employees of the public services under the new Constitution of 10 June 1991.

The Committee notes that section 32 of the new Constitution does not reproduce the provisions of section 32 of the 1978 Constitution, which provided that the right to strike was not recognized for employees of public services.

The Committee, however, requests the Government to indicate in its next report the measures which have been taken or are envisaged to amend section 26 of the Legislative Decree of 19 March 1974 to issue the general conditions of service of employees of the State which, under its present wording, continues to forbid state employees to take part in strikes or in activities aimed at causing a strike in the state services, with a view to limiting the restrictions on the right to strike to those which accord with the principles of freedom of association.

The Committee also requests the Government to indicate the measures which have been taken or are envisaged to amend section 8 of the Labour Code which prohibits occupational organizations of employees to elect trade union officers who are not of Rwandan nationality, in order to permit foreign workers to hold trade union office after a reasonable period of residence in the country (see paragraph 160 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee would moreover remind the Government that the International Labour Office is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention.

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The Committee notes the Government's first report and wishes to draw the Government's attention to the following points:

Article 2 of the Convention. 1. The Committee notes the information supplied by the Government in its first report on Convention No. 98, to the effect that any first-level trade union must be endorsed by the central trade union organisation of Rwanda in order to receive official recognition. The Committee points out that under the terms of Article 2 of the Convention, workers shall have the right to establish organisations of their own choosing, including organisations that are outside any existing trade union structure, and it requests the Government to supply with its next report the by-laws of the central trade union organisation of Rwanda and any legal texts governing the scope of this central organisation as regards the defence of the occupational interests of workers.

2. With regard to the application of the Convention to agricultural workers, see under Convention No. 11, as follows:

With reference to its previous comments concerning section 186 of the Labour Code, which provides that agricultural workers shall be covered by special provisions contained in a special Act and therefore excluded from the scope of the Labour Code, the Committee notes the Government's statement that, despite section 186 of the Labour Code, those engaged in agriculture have always in practice enjoyed the same rights of association and combination as industrial workers. It notes with interest that a first-level trade union for workers in agriculture, animal rearing and forestry (the constituent by-laws of which are attached to the report) was established within the Rwandan Workers' Trade Union Confederation on 27 December 1989.

With regard to the draft Legislative Decree to revise the Labour Code, which repeals section 186, the Government states that the competent authorities have now opted for a progressive revision of the law which gives priority to urgent cases, instead of the total revision that was previously envisaged in the above draft text. The Committee points out that this draft text has been under discussion since 1978 and that there would not appear to be major difficulties in bringing the Labour Code into conformity with the Convention - and with current practice in Rwanda - and it trusts that the appropriate amendments will be made rapidly to the Labour Code in order to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers. The Committee requests the Government to supply a copy once it has been adopted.

Article 3. 1. With reference to section 8 of the Labour Code, which prohibits occupational organisations of employees to elect trade union officers that are not of Rwandan nationality, the Committee draws the Government's attention to the fact that this restriction is not in full conformity of the principle of the freedom of workers to elect their trade union representatives. The Committee requests the Government to make its legislation more flexible in order to permit workers' organisations to choose their representatives in full freedom and to allow foreign workers to hold trade union office after a reasonable period of residence in the country.

2. With reference to section 32 of the Constitution and section 26 of the Legislative Decree of 19 March 1974 to issue the general conditions of service of employees of the State, the Committee notes that the right to strike is not recognised for agents of the public authorities. In the opinion of the Committee, the right to strike is one of the essential means available to workers for the promotion and protection of their economic and social interests. Furthermore, the principle whereby the right to strike may be limited or prohibited in the public service or in essential services would become meaningless if the legislation defined the public service or essential services too broadly. This prohibition should therefore be confined to public servants acting in their capacity as agents of the public authority or to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population (paragraph 214 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee would be grateful if the Government would amend its legislation in order to recognise the right to strike in defence of their occupational interests of agents of the public authorities who do not belong to the above categories.

Article 5. The Committee requests the Government to indicate whether, in practice, workers' organisations exercise the right to join trade union organisations freely.