Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Rwanda (RATIFICATION: 1981)

CMNT_TITLE

Articles 1 and 2 of the Convention. Protection against discrimination. Legislation.Private sector. The Committee notes that section 9 of the Law regulating labour in Rwanda (Law No. 66/2018), adopted on 30 August 2018, prohibits employers to discriminate against employees on the basis of “ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural difference, language, physical or mental disability or any other form of discrimination”. The Committee notes that the grounds of “national extraction”, “political opinion” and “origin”, which appeared in the previous Law regulating labour, are no longer explicitly prohibited in the new Law regulating labour (Law No. 66/2018), and that this law does not specify the scope on the non-discrimination provisions. Therefore, the Committee asks the Government to indicate whether the prohibition of discrimination in section 9 of Law No. 66/2018 covers:

• (i)both direct and indirect discrimination; and
• (ii)all stages of employment and occupation, including recruitment, in accordance with Article 1(3) of the Convention.

It also asks the Government:

• (i)to explain the reasons why “national extraction”, “political opinion” and “origin” were removed from the list of explicitly prohibited discrimination grounds;
• (ii)to consider, when revising the Law regulating labour, including in section 9 a reference to the grounds of “national extraction”, “political opinion” and “social origin”, set out in Article 1(1)(a) of the Convention; and
• (iii)to indicate if, and on which legal basis, discrimination based on “political opinion”, “national extraction” and “social origin” in employment and occupation was ever reported by workers or labour inspectors and dealt with by the courts.

Public sector. The Committee recalls the Government’s statement in its previous comment that public service workers are protected against all forms of discrimination and its reference in this regard to the Constitution, which prohibits all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural or linguistic difference, social situation, physical or mental disability or any other grounds, and provides that all discrimination shall be punishable by law (section 11). The Committee notes the adoption of the Law establishing the general statute governing public servants (Law No. 017/2020) of 7 October 2020, which does not include any legal provisions defining and prohibiting discrimination based on the grounds enumerated by Article 1(1)(a) of the Convention or any other grounds under Article 1(1)(b). The Committee asks the Government:

• (i)to indicate how the protection of public servants against direct and indirect discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin, in accordance with Article 1(1)(a) of the Convention, is ensured in practice, for example through training or awareness-raising, helplines, guidelines or codes of conduct; and
• (ii)to specify how public servants who may be victims of discrimination in employment and occupation, including at the recruitment stage, can assert their right to non-discrimination on the basis of the provisions of the Constitution and the Law establishing the general statute governing public servants (Law No. 017/2020), indicating the applicable procedure and specifying whether, and how, it has been used in practice.

Discrimination based on sex. Sexual harassment. The Committee recalls the Government’s commitment in its 2018 report to a zero-tolerance policy to gender-based violence and sexual harassment. While welcoming the inclusion in Law No. 66/2018 of provisions prohibiting any form of sexual harassment as well as retaliation in case of reporting or testifying on a case of sexual harassment (section 8), the Committee regrets that the new law: (1) does not contain any definition of sexual harassment; (2) prohibits sexual harassment only against a subordinate employee; and (3) does no longer contain provisions prohibiting and defining “gender-based violence in employment” and “moral harassment at work”. The Committee notes however that the Law determining offences and penalties in general (Law No. 68/2018), adopted on 30 August 2018, defines “sexual harassment” as“repeated remarks or behaviour of sexual overtones towards a person that either undermine, violate his/her dignity because of their degrading or humiliating character which create against him/her an intimidating, hostile or unpleasant situation”. To address effectively all forms of sexual harassment, the Committee asks the Government to take the necessary steps to modify section 8 of Law No. 66/2018 to ensure that:

• (i)sexual harassment is prohibited not only against subordinate employees but also trainees, co-workers, superiors, clients, providers, etc.; and
• (ii)the protection against sexual harassment covers explicitly all persons mentioned before, male and female, with respect not only to employment and occupation, but also vocational education and training, access to employment (recruitment) and conditions of employment.

It also asks the Government to consider:

• (i)modifying the Law determining offences and penalties in general (Law No. 68/2018) to remove element of repetition in the definition of sexual harassment; and
• (ii)including in Law No. 66/2018 a clear and comprehensive definition of sexual harassment in employment and occupation, which covers both quid pro quo and hostile working environment sexual harassment at all stages of employment.

Finally, the Committee asks the Government to provide information on:

• (i)any practical measures adopted to address sexual harassment in employment and occupation, such as codes of conduct or guidelines, help lines, legal assistance or support units to assist victims, training for the employers’ and workers’ organizations and labour inspectors or awareness-raising campaigns; and
• (ii)the number, nature and outcomes of cases of sexual harassment in employment and occupation detected by or reported to labour inspectors and dealt with by the courts.

Article 2. Promotion of equality of opportunity and treatment for men and women, including access to vocational education and training. The Committee notes the information provided by the Government in its 2018 report on the measures taken to encourage access to and maintenance of girls in education (grants, school constructions, rewards, etc.) and to diversify their training, in particular the Technical Vocational Education and Training (TVET) Policy, adopted in July 2015. The Committee further notes that the “promotion of gender equality and equity in education” to address the remaining gender gaps in TVET, Science, Technology, Engineering and Maths (STEM) and tertiary education, as well as “equal access and control of productive resources and economic opportunities for women and men, boys and girls” are part of the priorities set out in the Revised National Gender Policy (RNGP) adopted in February 2021 by the Ministry of Gender and Family Promotion. The Committee also notes the Government’s indication that, according to the Labour Survey, women accounted for 46 per cent of the labour force and 27 per cent of women occupied managerial positions; and their share in non-agricultural employment was 33 per cent. It further notes that the Government refers to: (1) the National Strategy for Transformation (NST1) (2017-2024) – in its 2018 report, which identify the “support and empowerment of women to create business through entrepreneurship and access to finance”, as a key strategic intervention; and (2) to the Revised National Employment Policy, 2019 - in its 2021 report, which seeks to promote entrepreneurship and business development especially for youth and women and to enhance women’s employability and promoting equal access to productive resources (such as land, finance and other resources). The Committee also recalls that Act No. 32/2016 of 28 August 2016 on individuals and families repealed and replaced the Civil Code, in particular provisions that had a negative effect on gender equality. Noting that section 9 of Law No. 66/2018 provides that “[a]n employer must give employees equal opportunities at the workplace”, the Committee asks the Government to provide detailed information on the measures taken, and the results achieved through the implementation of the above policies strategies:

• (i)to encourage and support girls and boys to diversify their fields of study and pursue their studies in tertiary education; and
• (ii)to facilitate the access of women to the labour market in a wider range of jobs at all levels, in particular in managerial positions, and to entrepreneurship and productive resources.

It also asks the Government to indicate if any analysis or studies were undertaken on the impact on gender equality in employment of the adoption of Act No. 32/2016 of 28 August 2016 on individuals and families, which repealed and replaced the Civil Code, and if so, to provide information on their findings. Finally, the Committee asks the Government to provide statistics, disaggregated by sex, on:

• (i)the school attendance of boys and girls at all levels of education; and
• (ii)the participation of men and women in employment, including in managerial positions, in all sectors of the economy.

Measures to promote equal access of “historically marginalized populations”, including Batwa people, to education, training and employment. The Committee notes the Government’s statement in its 2018 report that the Rwandan people share one culture, one language and live together, sharing the same vision and aspirations and, against this background, the concept of ethnicity cannot be relevant to the Rwandan context. According to the Government, “historically marginalized groups”: (1) are not treated as a separate or standing alone group of Rwandese; (2) are given equal respect and treatment as the rest of the Rwandan people; and (3) cannot be assimilated with the Batwa and vice-versa, as there is no clear indicator for measurement. The Committee notes that legal and policy reforms to address the situation of some vulnerable people under the category of “historically marginalized populations” were put in place (free education, health insurance, shelter schemes, etc.) to improve their standard of living and integrate them in the society at all levels. The Government adds that it supports these populations in formal education and vocational training to empower them so that they are competitive on the labour market on an equal footing with the other sectors of the Rwandan population. Noting this information, the Committee asks the Government:

• (i)to specify the groups covered by the term “historically marginalized populations”;
• (ii)to provide information on the action undertaken to enable them to access to education and training, to integrate the labour market on an equal footing with the other sectors of the Rwandan population and/or to practice their traditional activities (including access to land) and as well as information on any assessment made of the results achieved; and
• (iii)to take appropriate steps to prevent and combat the stigmatization and negative stereotypes against such populations, including the Batwa.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee notes from the Government’s report that several measures and initiatives were taken to address occupational gender segregation in the public service, such as the 30 per cent quota for women in decision making organs, the mobilization of women through the National Women Council to compete for higher positions and institutional women’s capacity building measures. The Committee asks the Government to provide information on the results of the above measures and mechanisms on the recruitment of women at higher levels in the public service (in management positions and positions with career prospects), including statistical data.

CMNT_TITLE

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 2016.

Repetition

Articles 1 and 2 of the Convention. Legislation. Excluded workers. Public service. With regard to the protection of public service workers, the Committee notes the Government’s affirmation that public service workers are protected against all forms of discrimination and its reference in this regard to the Constitution, which prohibits all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural or linguistic difference, social situation, physical or mental disability or any other grounds, and provides that all discrimination shall be punishable by law (Section 11). The Government reiterates the information provided previously concerning the measures taken by the Civil Service Commission (CFP) to raise awareness of and prevent discrimination and indicates that none of the 321 appeals handled by the CFP between 2010 and 2014 in relation to recruitment and employment involved discrimination. While recognizing the importance of the constitutional provisions that prohibit discrimination, the Committee requests the Government to indicate the manner in which, in practice, public service employees who may be victims of discrimination in employment and occupation can assert their right to non-discrimination on the basis of these provisions, indicating the applicable procedure and specifying whether it has been used in practice. Please continue to provide information on the special appeal procedures against acts of discrimination referred to the CFP, number of appeals, grounds of discrimination cited, outcome of cases, compensation and penalties.

Article 2. Promotion of equality of opportunity and treatment between boys and girls. Access to education and training. The Committee notes the efforts made by the Government in relation to equality of access to education and training. It notes in particular the various measures and initiatives adopted to encourage girls and women to take subjects that lead to jobs in the scientific and technical sectors traditionally occupied by boys and men, thereby effectively combating horizontal (by sector) and vertical (by job level) occupational gender segregation. The Committee also notes the positive results obtained in terms of school attendance by children from poor families, especially girls, based on the nine years of free school and the measures taken to build adequate sanitary facilities in schools in order to avoid lateness, absenteeism and students dropping out of school. The Committee requests the Government to continue providing information on the measures taken to encourage the access of girls to education and to diversify and extend the training available to girls and boys.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee notes the adoption of Act No. 32/2016 of 28 August 2016 on individuals and families, which repeals and replaces the Civil Code, including the provisions that had a negative impact on gender equality in employment, and in particular section 206 of the Civil Code (“the husband is the head of the household”). The new Act provides that “spouses shall have the same rights and duties” (section 206) and that they shall jointly manage the household (section 209). Section 55 specifies that the marital home shall be chosen by common agreement on the part of the spouses, whereas previously a married woman took the legal domicile of her husband. The Committee also notes the information provided by the Government on the institutional mechanisms competent in the area of gender equality, particularly the Gender Observatory and the gender focal points in ministries and institutions. The Committee also notes the Government’s reference to the drafting and adoption of a strategic plan for the employment of women, although it has not provided information on its implementation or impact. Turning more particularly to the agricultural sector, the Committee notes that at the national level, according to the 2012 data provided by the Government in its report, around 70 per cent of women who work are self-employed agricultural workers (compared with around 55 per cent of men). It also notes that a gender strategy for agriculture was adopted in 2010 to contribute to reducing poverty and promoting sustainable development by facilitating the creation of jobs and the economic empowerment of women, and that a gender analysis was carried out in the agricultural sector to identify difficulties and shortcomings in all agricultural programmes. The Committee requests the Government to provide information on the initiatives and action relating specifically to equality in employment and occupation undertaken by institutions responsible for gender issues. The Committee requests the Government to provide information on the results obtained following the implementation of the strategic plan for the employment of women and the gender strategy for agriculture with a view to promoting gender equality in employment and occupation, particularly through the creation of sustainable and income-generating jobs for women and men.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while recalling that the concept of ethnicity is not relevant in the Rwandan context, indicates once again that it recognizes the particular situation of certain vulnerable populations designated as “historically marginalized groups”, for whom housing, health, education and employment measures have been adopted to improve their living conditions and integration into Rwandan society at all levels. The Committee notes the Government’s indications that a public works policy has provided work for more than 104,000 households (as of 30 June 2014). Since 2008, income-generating projects have been implemented in agriculture, livestock and pottery to assist marginalized and vulnerable groups. While noting the efforts made by the Government to combat the serious poverty faced by “historically marginalized groups” and to improve their living conditions, the Committee requests the Government to:

• (i) develop more initiatives and activities to prevent and combat the stigmatization and stereotypes of which these populations, including the Batwa, are victims;
• (ii) encourage and ensure their integration into the labour market on an equal footing with the other sectors of the Rwandan population, especially by improving their access to education and vocational training;
• (iii) take the necessary measures to give the Batwa people access to land and resources to enable them to practice their traditional occupations.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee recalls that women are greatly outnumbered by men in the six highest categories of the public service, while they make up the majority of general service employees. Noting that the Government’s report does not contain information on this issue, the Committee once again requests the Government to indicate the measures taken, in the framework of the national gender policy or in any other context, to promote equality of opportunity for men and women and access by women to higher category posts in the public service, in particular management positions and positions with career prospects.

Statistics. The Committee requests the Government to continue providing statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1 of the Convention. Protection against discrimination. Legislation. With regard to the scope of application of the legislation, the Committee notes the Government’s reaffirmation that the prohibition of discrimination provided for in section 12 of Act No. 13/2009 of 27 May 2009 issuing labour regulations, covers all stages of employment, including recruitment. The Government indicates that the French version of this section, which prohibits discrimination “during employment”, will be amended to avoid any confusion with regard to its scope of application. The Committee once again requests the Government to take the necessary steps to align the various linguistic versions of section 12 so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely with regard to access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee welcomed the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, and the inclusion in Act No. 13/2009 of provisions prohibiting “gender-based violence” in employment and direct or indirect moral harassment at work. While having noted that the combination of these legislative provisions covered the two essential elements of sexual harassment at work, as set out in its 2002 general observation, the Committee invited the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a clearer and more precise definition of sexual harassment covering both quid pro quo and hostile working environment sexual harassment will be inserted into Act No. 13/2009 issuing labour regulations when it will be revised. The Committee trusts that the Government will soon be in a position to report progress in the revision process of Act No. 13/2009 and the adoption of new provisions covering the two forms of sexual harassment in employment and occupation. The Committee once again requests the Government to provide information on any measures taken to prevent and eliminate sexual harassment in the workplace (educational programmes, campaigns to raise awareness of appeal mechanisms, etc.).

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.

CMNT_TITLE

Articles 1 and 2 of the Convention. Legislation. Excluded workers. Public service. With regard to the protection of public service workers, the Committee notes the Government’s affirmation that public service workers are protected against all forms of discrimination and its reference in this regard to the Constitution, which prohibits all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural or linguistic difference, social situation, physical or mental disability or any other grounds, and provides that all discrimination shall be punishable by law (Section 11). The Government reiterates the information provided previously concerning the measures taken by the Civil Service Commission (CFP) to raise awareness of and prevent discrimination and indicates that none of the 321 appeals handled by the CFP between 2010 and 2014 in relation to recruitment and employment involved discrimination. While recognizing the importance of the constitutional provisions that prohibit discrimination, the Committee requests the Government to indicate the manner in which, in practice, public service employees who may be victims of discrimination in employment and occupation can assert their right to non-discrimination on the basis of these provisions, indicating the applicable procedure and specifying whether it has been used in practice. Please continue to provide information on the special appeal procedures against acts of discrimination referred to the CFP, number of appeals, grounds of discrimination cited, outcome of cases, compensation and penalties.

Article 2. Promotion of equality of opportunity and treatment between boys and girls. Access to education and training. The Committee notes with interest the efforts made by the Government in relation to equality of access to education and training. It notes in particular the various measures and initiatives adopted to encourage girls and women to take subjects that lead to jobs in the scientific and technical sectors traditionally occupied by boys and men, thereby effectively combating horizontal (by sector) and vertical (by job level) occupational gender segregation. The Committee also notes the positive results obtained in terms of school attendance by children from poor families, especially girls, based on the nine years of free school and the measures taken to build adequate sanitary facilities in schools in order to avoid lateness, absenteeism and students dropping out of school. The Committee requests the Government to continue providing information on the measures taken to encourage the access of girls to education and to diversify and extend the training available to girls and boys.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee notes with interest the adoption of Act No. 32/2016 of 28 August 2016 on individuals and families, which repeals and replaces the Civil Code, including the provisions that had a negative impact on gender equality in employment, and in particular section 206 of the Civil Code (“the husband is the head of the household”). The new Act provides that “spouses shall have the same rights and duties” (section 206) and that they shall jointly manage the household (section 209). Section 55 specifies that the marital home shall be chosen by common agreement on the part of the spouses, whereas previously a married woman took the legal domicile of her husband. The Committee also notes the information provided by the Government on the institutional mechanisms competent in the area of gender equality, particularly the Gender Observatory and the gender focal points in ministries and institutions. The Committee also notes the Government’s reference to the drafting and adoption of a strategic plan for the employment of women, although it has not provided information on its implementation or impact. Turning more particularly to the agricultural sector, the Committee notes that at the national level, according to the 2012 data provided by the Government in its report, around 70 per cent of women who work are self-employed agricultural workers (compared with around 55 per cent of men). It also notes that a gender strategy for agriculture was adopted in 2010 to contribute to reducing poverty and promoting sustainable development by facilitating the creation of jobs and the economic empowerment of women, and that a gender analysis was carried out in the agricultural sector to identify difficulties and shortcomings in all agricultural programmes. The Committee requests the Government to provide information on the initiatives and action relating specifically to equality in employment and occupation undertaken by institutions responsible for gender issues. The Committee requests the Government to provide information on the results obtained following the implementation of the strategic plan for the employment of women and the gender strategy for agriculture with a view to promoting gender equality in employment and occupation, particularly through the creation of sustainable and income-generating jobs for women and men.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while recalling that the concept of ethnicity is not relevant in the Rwandan context, indicates once again that it recognizes the particular situation of certain vulnerable populations designated as “historically marginalized groups”, for whom housing, health, education and employment measures have been adopted to improve their living conditions and integration into Rwandan society at all levels. The Committee notes the Government’s indications that a public works policy has provided work for more than 104,000 households (as of 30 June 2014). Since 2008, income-generating projects have been implemented in agriculture, livestock and pottery to assist marginalized and vulnerable groups. While noting the efforts made by the Government to combat the serious poverty faced by “historically marginalized groups” and to improve their living conditions, the Committee requests the Government to:

• (i) develop more initiatives and activities to prevent and combat the stigmatization and stereotypes of which these populations, including the Batwa, are victims;
• (ii) encourage and ensure their integration into the labour market on an equal footing with the other sectors of the Rwandan population, especially by improving their access to education and vocational training;
• (iii) take the necessary measures to give the Batwa people access to land and resources to enable them to practice their traditional occupations.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee recalls that women are greatly outnumbered by men in the six highest categories of the public service, while they make up the majority of general service employees. Noting that the Government’s report does not contain information on this issue, the Committee once again requests the Government to indicate the measures taken, in the framework of the national gender policy or in any other context, to promote equality of opportunity for men and women and access by women to higher category posts in the public service, in particular management positions and positions with career prospects.

Statistics. The Committee requests the Government to continue providing statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.

CMNT_TITLE

Article 1 of the Convention. Protection against discrimination. Legislation. With regard to the scope of application of the legislation, the Committee notes the Government’s reaffirmation that the prohibition of discrimination provided for in section 12 of Act No. 13/2009 of 27 May 2009 issuing labour regulations, covers all stages of employment, including recruitment. The Government indicates that the French version of this section, which prohibits discrimination “during employment”, will be amended to avoid any confusion with regard to its scope of application. The Committee once again requests the Government to take the necessary steps to align the various linguistic versions of section 12 so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely with regard to access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee welcomed the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, and the inclusion in Act No. 13/2009 of provisions prohibiting “gender-based violence” in employment and direct or indirect moral harassment at work. While having noted that the combination of these legislative provisions covered the two essential elements of sexual harassment at work, as set out in its 2002 general observation, the Committee invited the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a clearer and more precise definition of sexual harassment covering both quid pro quo and hostile working environment sexual harassment will be inserted into Act No. 13/2009 issuing labour regulations when it will be revised. The Committee trusts that the Government will soon be in a position to report progress in the revision process of Act No. 13/2009 and the adoption of new provisions covering the two forms of sexual harassment in employment and occupation. The Committee once again requests the Government to provide information on any measures taken to prevent and eliminate sexual harassment in the workplace (educational programmes, campaigns to raise awareness of appeal mechanisms, etc.).

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

CMNT_TITLE

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 comments.

Repetition

Legislation. Scope of application. In reply to the Committee’s previous comment concerning the protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 by virtue of section 3 thereof – other than public service employees – the Government indicates that workers in family businesses are covered by the provisions of Act No. 13/2009 relating to safety and health at work, child labour and maternity, and that workers in the informal economy are covered by the provisions relating to social security, trade unions and occupational safety and health. While noting these indications, the Committee requests the Government to clarify the legislative or regulatory provisions specifically relating to discrimination which apply to these workers or, in the absence of such legal provisions, to indicate the manner in which they are protected in practice against discrimination in employment and occupation on all the grounds enumerated in the Convention. Noting the Government’s assurances that the discrepancies between the translations of Act No. 13/2009 highlighted by the Committee in its previous comment will be examined and corrected when this Act is revised, the Committee requests the Government to provide information on any measures taken to this end.

As regards the protection of officials against any act of discrimination in practice, the Committee notes that the Civil Service Commission (CFP) has adopted a set of measures in this respect. It notes that media campaigns, workshops, conferences and training sessions have been held on a regular basis to raise the awareness of officials and human resources managers with regard to discrimination issues during recruitment and employment. The Committee further notes that the CFP has been tasked with formulating rules for the management of staff according to the “zero tolerance” principle as regards discrimination and that it is conducting regular audits of the management procedures for recruitment. According to the Government, the CFP is encouraging candidates for employment and officials who are victims of discrimination to refer such cases to them and has established special appeal procedures. In addition, the CFP has set up a freephone number for employees and the general public to enable them to report any act of discrimination in the workplace. In the absence of legislative provisions designed to protect civil service employees against discrimination, the Committee requests the Government to continue to provide information on the practical measures taken towards this end. It also requests the Government to indicate whether staff management rules containing specific provisions on discrimination have been adopted by the Civil Service Commission (CFP) and to provide detailed information on the operation of the special appeal procedures against acts of discrimination referred to the CFP (number of appeals, grounds of discrimination cited, outcome of cases, compensation granted, penalties imposed, etc.).

Article 2 of the Convention. Equality between men and women. Access to education. The Committee notes the information supplied by the Government concerning the measures taken to promote education for girls as part of the policy and strategic plan established by the Ministry of Education (free schooling for nine years, scholarships, etc.). It further notes the adoption in 2012 of a new national gender policy, which provides, among other things, for the implementation of measures combating the social, cultural and economic factors that obstruct the participation of girls and women at all levels of education, particularly in fields traditionally occupied by men. The Committee requests the Government to continue to supply information on the measures implemented in the context of the national gender policy and the policy for the education of girls in order to encourage access for girls to basic education and to enable them to pursue studies at secondary level and in higher education, and on the measures taken to diversify and increase the provision of training for girls and boys, particularly by combating gender-based prejudice and stereotypes. The Government is also requested to provide information on the impact of these measures on access for women and men to paid employment and various occupations, including in agriculture.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee welcomes the numerous measures adopted by the Government in recent years to foster gender equality in employment and occupation and promote greater autonomy for women in economic terms, especially as regards access to credit and land. The Committee welcomes the establishment of a guarantee fund for women and the adoption of Organic Act No. 08/2005 of 14 July 2005 regulating land ownership in Rwanda, section 4 of which prohibits any form of discrimination on the basis of sex with regard to access to land and the enjoyment of land rights and states that men and women have equal rights regarding land ownership. The Committee also notes the indication in the Government’s report that a strategic plan for the employment of women has been adopted. However, it notes that, according to the information in the introduction of the new national gender policy adopted in 2010, many women work in the informal economy and most women in employment occupy low-level unskilled jobs. It also notes with respect to employment in the private sector, that the 2010 gender policy provides for the adoption of measures aimed at improving the access of women to positions of responsibility in all sectors and to technical jobs and for the dissemination of better information on job opportunities to women. Provision has also been made for the adoption of legislation aimed at combating discrimination in the field of employment. The Committee requests the Government to provide information on the implementation of the national gender policy in employment and occupation, indicating the steps taken to promote gender equality and combat vertical and horizontal gender segregation in the labour market, and also information on the impact of these measures in practice. The Government is also requested to provide information on any legislation adopted to combat gender discrimination in employment and occupation and to provide a copy of the strategic plan for the employment of women.

Furthermore, as regards section 206 of the Civil Code, which states that “the husband is the head of the household”, and its negative impact on gender equality in employment, the Committee notes the Government’s indication that the proposed amendments to discriminatory legislation submitted by the Ministry for Gender and Promotion of the Family have been examined in the context of the revision of the Penal Code, which is due to be promulgated soon, and the Family Code, which is currently before Parliament. The Committee requests the Government to provide information on the new provisions adopted concerning gender equality in the context of the revision of the Penal Code and the Family Code and to specify which discriminatory provisions such as section 206 of the Civil Code, have been repealed.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while stating that the concept of ethnicity is not relevant in the Rwandan context, indicates that it recognizes the particular situation of certain vulnerable population groups designated as “historically marginalized groups” and that it has adopted a series of measures to improve their living conditions. The Government adds that development and poverty reduction programmes, such as the “Umurenge Vision 2020” programme, are aimed at all Rwandans living in poverty and that all Rwandans, including historically disadvantaged persons, have equal access to education and employment. Regarding the particular situation of the Batwa people, who form part of the “historically marginalized groups”, the Committee notes that, according to the report of the Independent Expert on Minority Issues concerning her mission to Rwanda from 31 January to 7 February 2011, many Batwas are landless agricultural labourers or, lacking paid employment, exist through begging or charity, and many of them live in extreme poverty (A/HRC/19/56/Add.1, 28 November 2011, paragraph 63). This report also indicates that Batwa communities face widespread discrimination, especially in employment, and have no viable means of subsistence, and that the assistance programmes established by the public authorities have not had any positive impact for the Batwas as a whole. Furthermore, according to the Independent Expert, Batwa children experience significant obstacles to their right to education relative to other population groups, including low-levels of enrolment, particularly at the post-primary level (CA/HRC/19/56/Add., paragraph 69). The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 19 April 2011, expressed concern at the persistence of negative stereotypes with regard to the Batwas and at the weak impact of the measures taken in their favour, and recommended the adoption of measures aimed in particular at facilitating and guaranteeing Batwa children’s access to education without discrimination, developing training and apprenticeship opportunities for the Batwas with a view to facilitating their integration in the labour market and combating the stereotypes and discrimination of which they are victims (CERD/C/RWA/CO/13-17, 19 April 2011, paragraph 16). While welcoming the Government’s efforts to combat poverty through assistance programmes for certain population groups, the Committee requests the Government to indicate the measures taken to improve access for “historically marginalized groups”, in particular the Batwa communities, to education, including higher education and vocational training, employment and particular occupations, stating the steps taken to give the Batwas access to land and resources to enable them to practise their traditional occupations. The Committee also requests the Government to supply information on the manner in which the programmes implemented by the Government are evaluated and also on the impact of the measures taken with regard to the overall socio-economic situation of the Batwa communities.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee notes the statistical data provided by the Government concerning the representation of women in key public posts at central and decentralized levels (2011) and data on the percentage of women in the public service by category (2010). It notes in particular that 38.4 per cent of senators, 56.25 per cent of deputies, 42 per cent of ministers, 50 per cent of Supreme Court judges and 70 per cent of High Court judges are women. However, at the local level, very few women are district mayors (9.6 per cent). Moreover, statistics on the composition of the public service show that women are greatly outnumbered by men in the six higher categories but account for nearly 61 per cent of staff in the general services. The Committee requests the Government to indicate the measures taken, including in the context of the national gender policy, to promote equal opportunities for men and women and the access of women to posts in the higher categories of the public service, particularly managerial posts with career prospects.

Parts III and IV of the report form. Enforcement. The Committee again requests the Government to provide information on any cases of discrimination in employment or occupation addressed by the labour inspectorate, the National Human Rights Committee, the Ombudsperson or the courts and the results thereof. The Government is also requested to provide extracts from inspection reports and court decisions dealing with discrimination in employment and occupation.

Part V of the report form. Statistical information. The Committee welcomes the established by the National Institute of Statistics, in collaboration with the Gender Observatory, of a general framework for statistics disaggregated by sex (GSF) aimed at enabling an evaluation of the situation of men and women in various fields, and welcomes the importance given by the Gender Observatory to the collection and dissemination of statistics disaggregated by sex and to the promotion of the use of such statistics vis-à-vis those responsible for formulating and implementing policies and measures relating to gender equality. The Committee requests the Government to continue to provide statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.

CMNT_TITLE

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

Repetition

Article 1 of the Convention. Legislation. In its previous comment the Committee asked the Government to provide further information concerning the scope of section 12 (prohibiting discrimination) of Law No. 13/2009 of 27 May 2009 regulating labour in Rwanda in view of discrepancies between the different linguistic versions of this Law. The Committee notes the Government’s explanation that the prohibition of all direct or indirect discrimination covers all stages of employment, including recruitment, and an act need not be intentional to constitute discrimination within the meaning of this section. It further notes that no legal proceedings have been instituted on the basis of any of the prohibited grounds of discrimination, nor has any penalty been imposed under section 169 of Law No. 13/2009. The Committee requests the Government to take the necessary steps to align the different linguistic versions of section 12, so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely as regards access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. It also requests the Government to provide information on the application of section 12 of the Law by the courts, stating the grounds of discrimination invoked, the penalties imposed and remedies provided.

Sexual harassment. In its previous comments the Committee welcomed the adoption of Law No. 59/2008 of 10 September 2008 concerning the prevention and suppression of gender-based violence, and the inclusion in Law No. 13/2009 of provisions prohibiting “gender-based violence” in employment, and direct or indirect moral harassment at work. While noting that the combination of these legislative provisions covered the two essential elements of sexual harassment at work as set out in its 2002 general observation, the Committee asked the Government to consider taking the necessary steps to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covered both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a provision specifically concerning sexual harassment and covering quid pro quo and hostile environment sexual harassment will be included in Law No. 13/2009 establishing the labour regulations, when it is revised. The Committee requests the Government to provide information on progress made in the process of the revision of Law No. 13/2009 and on any other provisions adopted on sexual harassment in employment and occupation. The Committee repeats its request for information concerning any measure taken to prevent and eliminate sexual harassment in the workplace (educational programmes, awareness-raising campaigns relating to appeal mechanisms, etc.).

The Committee recalls that it raised 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.

CMNT_TITLE

Legislation. Scope of application. In reply to the Committee’s previous comment concerning the protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 by virtue of section 3 thereof – other than public service employees – the Government indicates that workers in family businesses are covered by the provisions of Act No. 13/2009 relating to safety and health at work, child labour and maternity, and that workers in the informal economy are covered by the provisions relating to social security, trade unions and occupational safety and health. While noting these indications, the Committee requests the Government to clarify the legislative or regulatory provisions specifically relating to discrimination which apply to these workers or, in the absence of such legal provisions, to indicate the manner in which they are protected in practice against discrimination in employment and occupation on all the grounds enumerated in the Convention. Noting the Government’s assurances that the discrepancies between the translations of Act No. 13/2009 highlighted by the Committee in its previous comment will be examined and corrected when this Act is revised, the Committee requests the Government to provide information on any measures taken to this end.

As regards the protection of officials against any act of discrimination in practice, the Committee notes with interest that the Civil Service Commission (CFP) has adopted a set of measures in this respect. It notes that media campaigns, workshops, conferences and training sessions have been held on a regular basis to raise the awareness of officials and human resources managers with regard to discrimination issues during recruitment and employment. The Committee further notes that the CFP has been tasked with formulating rules for the management of staff according to the “zero tolerance” principle as regards discrimination and that it is conducting regular audits of the management procedures for recruitment. According to the Government, the CFP is encouraging candidates for employment and officials who are victims of discrimination to refer such cases to them and has established special appeal procedures. In addition, the CFP has set up a freephone number for employees and the general public to enable them to report any act of discrimination in the workplace. In the absence of legislative provisions designed to protect civil service employees against discrimination, the Committee requests the Government to continue to provide information on the practical measures taken towards this end. It also requests the Government to indicate whether staff management rules containing specific provisions on discrimination have been adopted by the Civil Service Commission (CFP) and to provide detailed information on the operation of the special appeal procedures against acts of discrimination referred to the CFP (number of appeals, grounds of discrimination cited, outcome of cases, compensation granted, penalties imposed, etc.).

Article 2 of the Convention. Equality between men and women. Access to education. The Committee notes the information supplied by the Government concerning the measures taken to promote education for girls as part of the policy and strategic plan established by the Ministry of Education (free schooling for nine years, scholarships, etc.). It further notes the adoption in 2012 of a new national gender policy, which provides, among other things, for the implementation of measures combating the social, cultural and economic factors that obstruct the participation of girls and women at all levels of education, particularly in fields traditionally occupied by men. The Committee requests the Government to continue to supply information on the measures implemented in the context of the national gender policy and the policy for the education of girls in order to encourage access for girls to basic education and to enable them to pursue studies at secondary level and in higher education, and on the measures taken to diversify and increase the provision of training for girls and boys, particularly by combating gender-based prejudice and stereotypes. The Government is also requested to provide information on the impact of these measures on access for women and men to paid employment and various occupations, including in agriculture.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee welcomes the numerous measures adopted by the Government in recent years to foster gender equality in employment and occupation and promote greater autonomy for women in economic terms, especially as regards access to credit and land. The Committee welcomes the establishment of a guarantee fund for women and the adoption of Organic Act No. 08/2005 of 14 July 2005 regulating land ownership in Rwanda, section 4 of which prohibits any form of discrimination on the basis of sex with regard to access to land and the enjoyment of land rights and states that men and women have equal rights regarding land ownership. The Committee also notes the indication in the Government’s report that a strategic plan for the employment of women has been adopted. However, it notes that, according to the information in the introduction of the new national gender policy adopted in 2010, many women work in the informal economy and most women in employment occupy low-level unskilled jobs. It also notes with respect to employment in the private sector, that the 2010 gender policy provides for the adoption of measures aimed at improving the access of women to positions of responsibility in all sectors and to technical jobs and for the dissemination of better information on job opportunities to women. Provision has also been made for the adoption of legislation aimed at combating discrimination in the field of employment. The Committee requests the Government to provide information on the implementation of the national gender policy in employment and occupation, indicating the steps taken to promote gender equality and combat vertical and horizontal gender segregation in the labour market, and also information on the impact of these measures in practice. The Government is also requested to provide information on any legislation adopted to combat gender discrimination in employment and occupation and to provide a copy of the strategic plan for the employment of women.

Furthermore, as regards section 206 of the Civil Code, which states that “the husband is the head of the household”, and its negative impact on gender equality in employment, the Committee notes the Government’s indication that the proposed amendments to discriminatory legislation submitted by the Ministry for Gender and Promotion of the Family have been examined in the context of the revision of the Penal Code, which is due to be promulgated soon, and the Family Code, which is currently before Parliament. The Committee requests the Government to provide information on the new provisions adopted concerning gender equality in the context of the revision of the Penal Code and the Family Code and to specify which discriminatory provisions such as section 206 of the Civil Code, have been repealed.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while stating that the concept of ethnicity is not relevant in the Rwandan context, indicates that it recognizes the particular situation of certain vulnerable population groups designated as “historically marginalized groups” and that it has adopted a series of measures to improve their living conditions. The Government adds that development and poverty reduction programmes, such as the “Umurenge Vision 2020” programme, are aimed at all Rwandans living in poverty and that all Rwandans, including historically disadvantaged persons, have equal access to education and employment. Regarding the particular situation of the Batwa people, who form part of the “historically marginalized groups”, the Committee notes that, according to the report of the Independent Expert on Minority Issues concerning her mission to Rwanda from 31 January to 7 February 2011, many Batwas are landless agricultural labourers or, lacking paid employment, exist through begging or charity, and many of them live in extreme poverty (A/HRC/19/56/Add.1, 28 November 2011, paragraph 63). This report also indicates that Batwa communities face widespread discrimination, especially in employment, and have no viable means of subsistence, and that the assistance programmes established by the public authorities have not had any positive impact for the Batwas as a whole. Furthermore, according to the Independent Expert, Batwa children experience significant obstacles to their right to education relative to other population groups, including low-levels of enrolment, particularly at the post-primary level (CA/HRC/19/56/Add., paragraph 69). The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 19 April 2011, expressed concern at the persistence of negative stereotypes with regard to the Batwas and at the weak impact of the measures taken in their favour, and recommended the adoption of measures aimed in particular at facilitating and guaranteeing Batwa children’s access to education without discrimination, developing training and apprenticeship opportunities for the Batwas with a view to facilitating their integration in the labour market and combating the stereotypes and discrimination of which they are victims (CERD/C/RWA/CO/13-17, 19 April 2011, paragraph 16). While welcoming the Government’s efforts to combat poverty through assistance programmes for certain population groups, the Committee requests the Government to indicate the measures taken to improve access for “historically marginalized groups”, in particular the Batwa communities, to education, including higher education and vocational training, employment and particular occupations, stating the steps taken to give the Batwas access to land and resources to enable them to practise their traditional occupations. The Committee also requests the Government to supply information on the manner in which the programmes implemented by the Government are evaluated and also on the impact of the measures taken with regard to the overall socio-economic situation of the Batwa communities.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee notes the statistical data provided by the Government concerning the representation of women in key public posts at central and decentralized levels (2011) and data on the percentage of women in the public service by category (2010). It notes in particular that 38.4 per cent of senators, 56.25 per cent of deputies, 42 per cent of ministers, 50 per cent of Supreme Court judges and 70 per cent of High Court judges are women. However, at the local level, very few women are district mayors (9.6 per cent). Moreover, statistics on the composition of the public service show that women are greatly outnumbered by men in the six higher categories but account for nearly 61 per cent of staff in the general services. The Committee requests the Government to indicate the measures taken, including in the context of the national gender policy, to promote equal opportunities for men and women and the access of women to posts in the higher categories of the public service, particularly managerial posts with career prospects.

Parts III and IV of the report form. Enforcement. The Committee again requests the Government to provide information on any cases of discrimination in employment or occupation addressed by the labour inspectorate, the National Human Rights Committee, the Ombudsperson or the courts and the results thereof. The Government is also requested to provide extracts from inspection reports and court decisions dealing with discrimination in employment and occupation.

Part V of the report form. Statistical information. The Committee welcomes the established by the National Institute of Statistics, in collaboration with the Gender Observatory, of a general framework for statistics disaggregated by sex (GSF) aimed at enabling an evaluation of the situation of men and women in various fields, and welcomes the importance given by the Gender Observatory to the collection and dissemination of statistics disaggregated by sex and to the promotion of the use of such statistics vis-à-vis those responsible for formulating and implementing policies and measures relating to gender equality. The Committee requests the Government to continue to provide statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.

CMNT_TITLE

Article 1 of the Convention. Legislation. In its previous comment the Committee asked the Government to provide further information concerning the scope of section 12 (prohibiting discrimination) of Law No. 13/2009 of 27 May 2009 regulating labour in Rwanda in view of discrepancies between the different linguistic versions of this Law. The Committee notes the Government’s explanation that the prohibition of all direct or indirect discrimination covers all stages of employment, including recruitment, and an act need not be intentional to constitute discrimination within the meaning of this section. It further notes that no legal proceedings have been instituted on the basis of any of the prohibited grounds of discrimination, nor has any penalty been imposed under section 169 of Law No. 13/2009. The Committee requests the Government to take the necessary steps to align the different linguistic versions of section 12, so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely as regards access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. It also requests the Government to provide information on the application of section 12 of the Law by the courts, stating the grounds of discrimination invoked, the penalties imposed and remedies provided.

Sexual harassment. In its previous comments the Committee welcomed the adoption of Law No. 59/2008 of 10 September 2008 concerning the prevention and suppression of gender-based violence, and the inclusion in Law No. 13/2009 of provisions prohibiting “gender-based violence” in employment, and direct or indirect moral harassment at work. While noting that the combination of these legislative provisions covered the two essential elements of sexual harassment at work as set out in its 2002 general observation, the Committee asked the Government to consider taking the necessary steps to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covered both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a provision specifically concerning sexual harassment and covering quid pro quo and hostile environment sexual harassment will be included in Law No. 13/2009 establishing the labour regulations, when it is revised. The Committee requests the Government to provide information on progress made in the process of the revision of Law No. 13/2009 and on any other provisions adopted on sexual harassment in employment and occupation. The Committee repeats its request for information concerning any measure taken to prevent and eliminate sexual harassment in the workplace (educational programmes, awareness-raising campaigns relating to appeal mechanisms, etc.).

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

CMNT_TITLE

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:

Repetition

Legislation. Scope of protection against discrimination. Referring to its observation, the Committee would be grateful if the Government would indicate how it ensures protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda, other than public service employees, such as family members working in agriculture, stock raising and commercial and industrial activities (section 3).

The Committee notes that Act No. 13/2009 has been published in three languages: Kinyarwanda, English and French. It notes that there are substantial differences between the English and French versions of this Act, particularly with regard to the translation of its key provisions to which the Committee refers in its observation and in its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee fears that these discrepancies are a source of confusion and could lead to inconsistencies in the application of the Act. The Committee requests the Government to take the necessary measures to align the different translations of Act No. 13/2009 issuing the labour regulations in the manner which is most compatible with the provisions of the Convention and to provide information on the measures taken to that end.

Article 2 of the Convention. Equality between men and women. Implementation of the National Gender Policy. The Committee notes that the objective of the National Gender Policy adopted in 2004 is to “ensure that women, particularly those in rural areas, and men, boys and girls have equal access to and control over economic opportunities such as employment and credit”. It also notes that, according to the Economic Development and Poverty Reduction Strategy (2008–12), particular attention will be paid to the access of women to paid employment and measures will be taken to increase the professional opportunities offered to women and to eliminate gender-based pay discrimination. Welcoming the Government’s efforts to combat gender-based discrimination, the Committee requests it to provide information on the concrete measures taken or envisaged, particularly in the context of the implementation of the National Gender Policy, to encourage the access of women and girls to education, particularly to secondary and higher education, vocational training and employment, and to promote equality of opportunity and treatment for men and women in employment and occupation.

Furthermore, referring to its previous comments concerning section 206 of the Civil Code, which provides that “the husband is the head of the household”, and its negative impact on equality between men and women in employment, the Committee notes the Government’s commitment to amend this provision as soon as possible and requests it to indicate any progress made in this regard. The Committee also requests the Government to provide information on the progress made in examining the proposals contained in the document identifying the legislative texts which are discriminatory with regard to gender produced in January 2009 by the Ministry of Gender and Family Promotion.

The Committee notes the communication of the Association of Christian Trade Unions (UMURIMO), according to which the Government initiated the procedure for the ratification of the Maternity Protection Convention, 2000 (No. 183), and the Workers with Family Responsibilities Convention, 1981 (No. 156), at the end of 2007. Emphasizing the importance of these two Conventions with regard to equality between men and women, the Committee asks the Government to provide information on the progress made with regard to the ratification procedures.

Article 3(d). Public service. The Committee notes that, in reply to its previous comments concerning the Public Service Commission, the Government indicates that this Commission was created by Act No. 06/2007 of 1 February 2007 and that it is operational. It notes that the Commission is entrusted with the task of organizing a candidate selection system which is objective, impartial, transparent and equal for all and with conducting research on all matters relating to personnel development and management. The Committee also notes that public service employees are excluded from the scope of the 2009 Act No. 13/2009 regulating labour in Rwanda and that the 2002 general conditions of service of public servants and its implementing texts, which govern their conditions of employment and work, do not contain provisions expressly prohibiting discrimination. The Committee therefore requests the Government to provide information on:

• (i) the activities of the Public Service Commission relating to recruitment and development of personnel;
• (ii) the measures taken to ensure effective protection of these employees against any act of discrimination on the basis of any of the seven grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), not only during their recruitment but also in the course of their employment (possibilities for promotion and advancement);
• (iii) the measures taken or envisaged, particularly under the National Gender Policy, to promote the participation of women in all sectors of the administration, at both the central and local levels, and to encourage the access of women to managerial posts on an equal footing with men.

Measures to promote equal access of the Batwa to education, training and employment. In the absence of a reply from the Government on this matter, the Committee is bound to repeat its previous request for specific information on the measures taken by the Government to improve the access of members of the Batwa community to education, including vocational training, employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this community. The Committee also requests it to provide any statistics available on the school enrolment rate of Batwa children and the employment situation of members of this community in the private and public sectors.

Part V of the report form. Application in practice. Statistical information. The Committee notes the first company census report in Rwanda, carried out in 2008 by the Rwanda Private Sector Federation and submitted by the Government. The report constitutes the first step towards a better understanding of the country’s economic fabric, but does not, however, contain sufficient data disaggregated by sex to obtain an overview of the employment situation of women. The Committee also notes that, in July 2009, the Gender Observatory, created in 2009, organized, in partnership with the Ministry of Finance and Economic Planning and the National Institute of Statistics, with support from UNIFEM, a workshop to consider best practices and the challenges relating to the collection and analysis of statistics disaggregated by sex, which resulted in the adoption of an action plan in this regard. The Committee hopes that the Government will soon be able to provide as detailed as possible statistics on the employment of men and women in the private sector, according to economic sector and job level, and in the public sector, including in managerial posts, in order to assess the impact of the measures taken to combat discrimination on the basis of sex and promote equality of opportunity and treatment. The Government is also requested to provide information on any cases of discrimination in employment and occupation dealt with by labour inspectors, the National Human Rights Commission, the Office of the Ombudsperson or the courts.

CMNT_TITLE

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

Repetition

Article 1 of the Convention. Legislative developments. Scope of protection of workers against discrimination. The Committee notes that section 12 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda extends the protection afforded to workers covered from all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention as well as from other grounds (Article 1(1)(b)). Section 12 of that Act prohibits any discrimination, either directly or indirectly, in the course of employment intended to deprive workers of equality of opportunity and treatment where such discrimination is based on: (1) race, colour, origin; (2) sex, marital status or family responsibilities; (3) religion, beliefs or political opinions; (4) social or economic conditions; (5) national extraction; (6) handicap; (7) previous, current or prospective pregnancy; and (8) any other form of discrimination. The Committee also notes that the new Act establishes general penalties in the case of the violation of its provisions (section 169), namely two months’ imprisonment and/or a fine of 50,000 to 300,000 Rwandan francs. It notes, however, that, in the French version of the Act at least, direct or indirect discrimination is prohibited only “during the course of employment” and that this prohibition does not therefore cover all stages of employment and occupation, particularly recruitment. The Committee also notes that section 12 appears to prohibit acts done with an intention to deny equality of opportunity and treatment, which would be more restrictive than the definition of discrimination set out in Article 1 of the Convention under which intent is not required. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit discrimination during access to employment or to an occupation. It also requests the Government to clarify whether intent is required for an act to constitute discrimination under section 12 of Act No. 13/2009. The Government is also requested to provide information on the application of section 12 of the Act, in practice and to specify, in particular, whether any appeals have been lodged on the basis of any one of the prohibited grounds of discrimination and whether penalties have been imposed under section 169 of that Act.

Sexual harassment. The Committee notes the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, section 24 of which establishes punitive measures in the case of “sexual harassment of a subordinate” imposed on “any employer or any other person who uses his or her position to harass a subordinate by way of orders, intimidation and terror for the purpose of sexual pleasure”. It also notes the inclusion in Act No. 13/2009, of provisions prohibiting “gender-based violence” in employment (section 9), that is “any act of a physical, psychological or sexual nature directed at a person or likely to damage their property on the grounds of their sex” which “infringes their rights and affects their integrity”. Section 9 of Act No. 13/2009 also prohibits moral harassment at work, either directly or indirectly, which is defined as “any act of harassment at work of any origin, either external or internal to the enterprise, which manifests itself in particular through behaviour, words, intimidation or anonymous written communications designed to have an adverse effect on the dignity of a worker in the workplace, endanger his or her job and constitute an obstacle to his or her work”. The Committee welcomes the adoption of these new legislative provisions which, when combined, appear to cover the two essential elements of sexual harassment at work as defined in its 2002 general observation, namely: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). However, in order to ensure adequate protection for men and women workers and to clarify the legal regime applicable to this discriminatory practice, the Committee requests the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and the creation of a hostile working environment. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to prevent this form of gender-based discrimination in the workplace, particularly in the context of the national gender policy adopted in 2004 (education programmes, awareness-raising campaigns on preventive measures and appeal mechanisms, etc.).

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.

CMNT_TITLE

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:

Legislation. Scope of protection against discrimination. Referring to its observation, the Committee would be grateful if the Government would indicate how it ensures protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda, other than public service employees, such as family members working in agriculture, stock-raising and commercial and industrial activities (section 3).

The Committee notes that Act No. 13/2009 has been published in three languages: Kinyarwanda, English and French. It notes that there are substantial differences between the English and French versions of this Act, particularly with regard to the translation of its key provisions to which the Committee refers in its observation and in its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee fears that these discrepancies are a source of confusion and could lead to inconsistencies in the application of the Act. The Committee requests the Government to take the necessary measures to align the different translations of Act No. 13/2009 issuing the labour regulations in the manner which is most compatible with the provisions of the Convention and to provide information on the measures taken to that end.

Article 2 of the Convention. Equality between men and women. Implementation of the National Gender Policy. The Committee notes that the objective of the National Gender Policy adopted in 2004 is to “ensure that women, particularly those in rural areas, and men, boys and girls have equal access to and control over economic opportunities such as employment and credit”. It also notes that, according to the Economic Development and Poverty Reduction Strategy (2008–12), particular attention will be paid to the access of women to paid employment and measures will be taken to increase the professional opportunities offered to women and to eliminate gender-based pay discrimination. Welcoming the Government’s efforts to combat gender-based discrimination, the Committee requests it to provide information on the concrete measures taken or envisaged, particularly in the context of the implementation of the National Gender Policy, to encourage the access of women and girls to education, particularly to secondary and higher education, vocational training and employment, and to promote equality of opportunity and treatment for men and women in employment and occupation.

Furthermore, referring to its previous comments concerning section 206 of the Civil Code, which provides that “the husband is the head of the household”, and its negative impact on equality between men and women in employment, the Committee notes the Government’s commitment to amend this provision as soon as possible and requests it to indicate any progress made in this regard. The Committee also requests the Government to provide information on the progress made in examining the proposals contained in the document identifying the legislative texts which are discriminatory with regard to gender produced in January 2009 by the Ministry of Gender and Family Promotion.

The Committee notes the communication of the Association of Christian Trade Unions (UMURIMO), according to which the Government initiated the procedure for the ratification of the Maternity Protection Convention, 2000 (No. 183), and the Workers with Family Responsibilities Convention, 1981 (No. 156), at the end of 2007. Emphasizing the importance of these two Conventions with regard to equality between men and women, the Committee asks the Government to provide information on the progress made with regard to the ratification procedures.

Article 3(d). Public service. The Committee notes that, in reply to its previous comments concerning the Public Service Commission, the Government indicates that this Commission was created by Act No. 06/2007 of 1 February 2007 and that it is operational. It notes that the Commission is entrusted with the task of organizing a candidate selection system which is objective, impartial, transparent and equal for all and with conducting research on all matters relating to personnel development and management. The Committee also notes that public service employees are excluded from the scope of the 2009 Act No. 13/2009 regulating labour in Rwanda and that the 2002 general conditions of service of public servants and its implementing texts, which govern their conditions of employment and work, do not contain provisions expressly prohibiting discrimination. The Committee therefore requests the Government to provide information on:

(i)    the activities of the Public Service Commission relating to recruitment and development of personnel;

(ii)   the measures taken to ensure effective protection of these employees against any act of discrimination on the basis of any of the seven grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), not only during their recruitment but also in the course of their employment (possibilities for promotion and advancement);

(iii)  the measures taken or envisaged, particularly under the National Gender Policy, to promote the participation of women in all sectors of the administration, at both the central and local levels, and to encourage the access of women to managerial posts on an equal footing with men.

Measures to promote equal access of the Batwa to education, training and employment. In the absence of a reply from the Government on this matter, the Committee is bound to repeat its previous request for specific information on the measures taken by the Government to improve the access of members of the Batwa community to education, including vocational training, employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this community. The Committee also requests it to provide any statistics available on the school enrolment rate of Batwa children and the employment situation of members of this community in the private and public sectors.

Part V of the report form. Application in practice. Statistical information. The Committee notes the first company census report in Rwanda, carried out in 2008 by the Rwanda Private Sector Federation and submitted by the Government. The report constitutes the first step towards a better understanding of the country’s economic fabric, but does not, however, contain sufficient data disaggregated by sex to obtain an overview of the employment situation of women. The Committee also notes that, in July 2009, the Gender Observatory, created in 2009, organized, in partnership with the Ministry of Finance and Economic Planning and the National Institute of Statistics, with support from UNIFEM, a workshop to consider best practices and the challenges relating to the collection and analysis of statistics disaggregated by sex, which resulted in the adoption of an action plan in this regard. The Committee hopes that the Government will soon be able to provide as detailed as possible statistics on the employment of men and women in the private sector, according to economic sector and job level, and in the public sector, including in managerial posts, in order to assess the impact of the measures taken to combat discrimination on the basis of sex and promote equality of opportunity and treatment. The Government is also requested to provide information on any cases of discrimination in employment and occupation dealt with by labour inspectors, the National Human Rights Commission, the Office of the Ombudsperson or the courts.

CMNT_TITLE

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

Article 1 of the Convention. Legislative developments. Scope of protection of workers against discrimination. The Committee notes that section 12 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda extends the protection afforded to workers covered from all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention as well as from other grounds (Article 1(1)(b)). Section 12 of that Act prohibits any discrimination, either directly or indirectly, in the course of employment intended to deprive workers of equality of opportunity and treatment where such discrimination is based on: (1) race, colour, origin; (2) sex, marital status or family responsibilities; (3) religion, beliefs or political opinions; (4) social or economic conditions; (5) national extraction; (6) handicap; (7) previous, current or prospective pregnancy; and (8) any other form of discrimination. The Committee also notes that the new Act establishes general penalties in the case of the violation of its provisions (section 169), namely two months’ imprisonment and/or a fine of 50,000 to 300,000 Rwandan francs. It notes, however, that, in the French version of the Act at least, direct or indirect discrimination is prohibited only “during the course of employment” and that this prohibition does not therefore cover all stages of employment and occupation, particularly recruitment. The Committee also notes that section 12 appears to prohibit acts done with an intention to deny equality of opportunity and treatment, which would be more restrictive than the definition of discrimination set out in Article 1 of the Convention under which intent is not required. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit discrimination during access to employment or to an occupation. It also requests the Government to clarify whether intent is required for an act to constitute discrimination under section 12 of Act No. 13/2009. The Government is also requested to provide information on the application of section 12 of the Act, in practice and to specify, in particular, whether any appeals have been lodged on the basis of any one of the prohibited grounds of discrimination and whether penalties have been imposed under section 169 of that Act.

Sexual harassment. The Committee notes the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, section 24 of which establishes punitive measures in the case of “sexual harassment of a subordinate” imposed on “any employer or any other person who uses his or her position to harass a subordinate by way of orders, intimidation and terror for the purpose of sexual pleasure”. It also notes the inclusion in Act No. 13/2009, of provisions prohibiting “gender-based violence” in employment (section 9), that is “any act of a physical, psychological or sexual nature directed at a person or likely to damage their property on the grounds of their sex” which “infringes their rights and affects their integrity”. Section 9 of Act No. 13/2009 also prohibits moral harassment at work, either directly or indirectly, which is defined as “any act of harassment at work of any origin, either external or internal to the enterprise, which manifests itself in particular through behaviour, words, intimidation or anonymous written communications designed to have an adverse effect on the dignity of a worker in the workplace, endanger his or her job and constitute an obstacle to his or her work”. The Committee welcomes the adoption of these new legislative provisions which, when combined, appear to cover the two essential elements of sexual harassment at work as defined in its 2002 general observation, namely: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). However, in order to ensure adequate protection for men and women workers and to clarify the legal regime applicable to this discriminatory practice, the Committee requests the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and the creation of a hostile working environment. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to prevent this form of gender-based discrimination in the workplace, particularly in the context of the national gender policy adopted in 2004 (education programmes, awareness-raising campaigns on preventive measures and appeal mechanisms, etc.).

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.

CMNT_TITLE

Legislation. Scope of protection against discrimination. Referring to its observation, the Committee would be grateful if the Government would indicate how it ensures protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda, other than public service employees, such as family members working in agriculture, stock-raising and commercial and industrial activities (section 3).

The Committee notes that Act No. 13/2009 has been published in three languages: Kinyarwanda, English and French. It notes that there are substantial differences between the English and French versions of this Act, particularly with regard to the translation of its key provisions to which the Committee refers in its observation and in its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee fears that these discrepancies are a source of confusion and could lead to inconsistencies in the application of the Act. The Committee requests the Government to take the necessary measures to align the different translations of Act No. 13/2009 issuing the labour regulations in the manner which is most compatible with the provisions of the Convention and to provide information on the measures taken to that end.

Article 2 of the Convention. Equality between men and women. Implementation of the National Gender Policy. The Committee notes that the objective of the National Gender Policy adopted in 2004 is to “ensure that women, particularly those in rural areas, and men, boys and girls have equal access to and control over economic opportunities such as employment and credit”. It also notes that, according to the Economic Development and Poverty Reduction Strategy (2008–12), particular attention will be paid to the access of women to paid employment and measures will be taken to increase the professional opportunities offered to women and to eliminate gender-based pay discrimination. Welcoming the Government’s efforts to combat gender-based discrimination, the Committee requests it to provide information on the concrete measures taken or envisaged, particularly in the context of the implementation of the National Gender Policy, to encourage the access of women and girls to education, particularly to secondary and higher education, vocational training and employment, and to promote equality of opportunity and treatment for men and women in employment and occupation.

Furthermore, referring to its previous comments concerning section 206 of the Civil Code, which provides that “the husband is the head of the household”, and its negative impact on equality between men and women in employment, the Committee notes the Government’s commitment to amend this provision as soon as possible and requests it to indicate any progress made in this regard. The Committee also requests the Government to provide information on the progress made in examining the proposals contained in the document identifying the legislative texts which are discriminatory with regard to gender produced in January 2009 by the Ministry of Gender and Family Promotion.

The Committee notes the communication of the Association of Christian Trade Unions (UMURIMO), according to which the Government initiated the procedure for the ratification of the Maternity Protection Convention, 2000 (No. 183), and the Workers with Family Responsibilities Convention, 1981 (No. 156), at the end of 2007. Emphasizing the importance of these two Conventions with regard to equality between men and women, the Committee asks the Government to provide information on the progress made with regard to the ratification procedures.

Article 3(d). Public service. The Committee notes that, in reply to its previous comments concerning the Public Service Commission, the Government indicates that this Commission was created by Act No. 06/2007 of 1 February 2007 and that it is operational. It notes that the Commission is entrusted with the task of organizing a candidate selection system which is objective, impartial, transparent and equal for all and with conducting research on all matters relating to personnel development and management. The Committee also notes that public service employees are excluded from the scope of the 2009 Act No. 13/2009 regulating labour in Rwanda and that the 2002 general conditions of service of public servants and its implementing texts, which govern their conditions of employment and work, do not contain provisions expressly prohibiting discrimination. The Committee therefore requests the Government to provide information on:

(i)    the activities of the Public Service Commission relating to recruitment and development of personnel;

(ii)   the measures taken to ensure effective protection of these employees against any act of discrimination on the basis of any of the seven grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), not only during their recruitment but also in the course of their employment (possibilities for promotion and advancement);

(iii) the measures taken or envisaged, particularly under the National Gender Policy, to promote the participation of women in all sectors of the administration, at both the central and local levels, and to encourage the access of women to managerial posts on an equal footing with men.

Measures to promote equal access of the Batwa to education, training and employment. In the absence of a reply from the Government on this matter, the Committee is bound to repeat its previous request for specific information on the measures taken by the Government to improve the access of members of the Batwa community to education, including vocational training, employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this community. The Committee also requests it to provide any statistics available on the school enrolment rate of Batwa children and the employment situation of members of this community in the private and public sectors.

Part V of the report form. Application in practice. Statistical information. The Committee notes the first company census report in Rwanda, carried out in 2008 by the Rwanda Private Sector Federation and submitted by the Government. The report constitutes the first step towards a better understanding of the country’s economic fabric, but does not, however, contain sufficient data disaggregated by sex to obtain an overview of the employment situation of women. The Committee also notes that, in July 2009, the Gender Observatory, created in 2009, organized, in partnership with the Ministry of Finance and Economic Planning and the National Institute of Statistics, with support from UNIFEM, a workshop to consider best practices and the challenges relating to the collection and analysis of statistics disaggregated by sex, which resulted in the adoption of an action plan in this regard. The Committee hopes that the Government will soon be able to provide as detailed as possible statistics on the employment of men and women in the private sector, according to economic sector and job level, and in the public sector, including in managerial posts, in order to assess the impact of the measures taken to combat discrimination on the basis of sex and promote equality of opportunity and treatment. The Government is also requested to provide information on any cases of discrimination in employment and occupation dealt with by labour inspectors, the National Human Rights Commission, the Office of the Ombudsperson or the courts.

CMNT_TITLE

Article 1 of the Convention. Legislative developments. Scope of protection of workers against discrimination. The Committee notes that section 12 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda extends the protection afforded to workers covered from all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention as well as from other grounds (Article 1(1)(b)). Section 12 of that Act prohibits any discrimination, either directly or indirectly, in the course of employment intended to deprive workers of equality of opportunity and treatment where such discrimination is based on: (1) race, colour, origin; (2) sex, marital status or family responsibilities; (3) religion, beliefs or political opinions; (4) social or economic conditions; (5) national extraction; (6) handicap; (7) previous, current or prospective pregnancy; and (8) any other form of discrimination. The Committee also notes that the new Act establishes general penalties in the case of the violation of its provisions (section 169), namely two months’ imprisonment and/or a fine of 50,000 to 300,000 Rwandan francs. It notes, however, that, in the French version of the Act at least, direct or indirect discrimination is prohibited only “during the course of employment” and that this prohibition does not therefore cover all stages of employment and occupation, particularly recruitment. The Committee also notes that section 12 appears to prohibit acts done with an intention to deny equality of opportunity and treatment, which would be more restrictive than the definition of discrimination set out in Article 1 of the Convention under which intent is not required. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit discrimination during access to employment or to an occupation. It also requests the Government to clarify whether intent is required for an act to constitute discrimination under section 12 of Act No. 13/2009. The Government is also requested to provide information on the application of section 12 of the Act, in practice and to specify, in particular, whether any appeals have been lodged on the basis of any one of the prohibited grounds of discrimination and whether penalties have been imposed under section 169 of that Act.

Sexual harassment. The Committee notes the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, section 24 of which establishes punitive measures in the case of “sexual harassment of a subordinate” imposed on “any employer or any other person who uses his or her position to harass a subordinate by way of orders, intimidation and terror for the purpose of sexual pleasure”. It also notes the inclusion in Act No. 13/2009, of provisions prohibiting “gender-based violence” in employment (section 9), that is “any act of a physical, psychological or sexual nature directed at a person or likely to damage their property on the grounds of their sex” which “infringes their rights and affects their integrity”. Section 9 of Act No. 13/2009 also prohibits moral harassment at work, either directly or indirectly, which is defined as “any act of harassment at work of any origin, either external or internal to the enterprise, which manifests itself in particular through behaviour, words, intimidation or anonymous written communications designed to have an adverse effect on the dignity of a worker in the workplace, endanger his or her job and constitute an obstacle to his or her work”. The Committee welcomes the adoption of these new legislative provisions which, when combined, appear to cover the two essential elements of sexual harassment at work as defined in its 2002 general observation, namely: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). However, in order to ensure adequate protection for men and women workers and to clarify the legal regime applicable to this discriminatory practice, the Committee requests the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and the creation of a hostile working environment. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to prevent this form of gender-based discrimination in the workplace, particularly in the context of the national gender policy adopted in 2004 (education programmes, awareness-raising campaigns on preventive measures and appeal mechanisms, etc.).

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

CMNT_TITLE

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:

1. Gender equality. In its previous comments under the Equal Remuneration Convention, 1951 (No. 100), the Committee noted that section 206 of the Civil Code of Rwanda establishes that the husband is the head of the household as a matter of principle. As a consequence, women workers are entitled to income tax reductions in respect of dependants only in so far as they prove that they are de facto heads of households. The Committee observed that providing for equal rights of women and men in civil and family matters creates an environment which should be conducive to more rapid progress towards equal opportunity and equal treatment for men and women in employment. In its report, the Government states that it has taken due note of this observation. The Committee requests the Government to indicate in its next report whether any consideration is being given to amending section 206 of the Civil Code in order to provide for the equal status of men and women as heads of household.

2. Statistical information. The Committee requests the Government to provide detailed statistical information on the participation of men and women in private and public sector employment (if possible according to occupations and level of responsibility), as well as their representation in the informal economy.

3. Measures to promote equal access of the Batwa to education, training and employment. In reply to the Committee’s request for information on any measures taken to promote equality of opportunity and treatment of the Batwa, the Government indicates in its report that, since 2003, elementary education was provided free of charge and that education funds at the district level supported poor households to ensure education for their children. The Committee requests the Government to provide further and more detailed information on the specific measures taken to improve the access of members of the Batwa community to education, including vocational training, and to employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this group.

CMNT_TITLE

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

1. Legislation. Grounds of discrimination and scope of protection. Recalling its previous comments concerning section 12 of the Labour Code (Act No. 51/2001), the Committee notes the Government’s statement that a draft Labour Code had been drafted, section 7 of which would replace section 12 of the existing law. According to the Government, the new section 7 of the draft Labour Code prohibits discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all stages of the employment process. The Committee hopes that the revision of the Labour Code will introduce provisions on equality of opportunity and treatment in employment and occupation in accordance with the Convention, and encourages the Government to seek, in this regard, the assistance of the ILO. The Committee requests the Government to provide the text of the draft Labour Code to the Committee for examination.

2. Sexual harassment. The Committee notes the Government’s indication that section 16 of the draft Labour Code provides that a worker cannot be sanctioned for having been sexually harassed or for having objected to acts of sexual harassment by the employer, a representative of the employer or any other person abusing his or her authority. The same provision also protects workers who report sexual harassment. The Committee hopes that the new provisions on sexual harassment will not only address the protection of workers from reprisals, but also define and prohibit sexual harassment as such. The Committee urges the Government to have due regard to its 2002 general observation on sexual harassment for further guidance. The Committee requests the Government to keep it informed of the steps taken to include appropriate provisions on sexual harassment in the Labour Code.

3. Application to the civil service. The Committee notes that the Government’s report refers to section 181 of the Constitution which envisages the establishment of a civil service commission as an independent national institution responsible for organizing an objective, impartial and transparent system for the selection of candidates. Noting the observations made by the Congress of Labour and Brotherhood of Rwanda (COTRAF) according to which the civil service commission has not yet been established, the Committee requests the Government to provide full information on the establishment and functioning of this commission, including on the measures taken by it to ensure that recruitment to the civil service is free from discrimination.

4. Practical application. In its previous comments, the Committee noted observations from workers’ organizations concerning discrimination in practice on the grounds of sex, ethnicity, religion, political affiliation or social origin, despite the fact that the law prohibits such discrimination. In reply to the requests for information made by the Committee in this regard, the Government indicates that no cases of discrimination have been reported to the labour inspection services. No information was provided on whether and how the National Human Rights Commission, the Office of the Ombudsperson or the courts had addressed instances of discrimination.

5. The Committee emphasizes that prohibiting discrimination by law is an important element in ensuring the application of the Convention. However, a national policy to promote equality of opportunity and treatment in employment and occupation, as envisaged under Article 2 of the Convention, also requires the Government to take specific measures to ensure that equality of opportunity and treatment can be enjoyed in practice. In this regard, the Committee recommends that the Government examine whether the available administrative and judicial remedies are appropriate to address discrimination in employment and occupation, as well as any other obstacles for the detection and resolution of instances of discrimination in employment and occupation. In this context, the Committee recommends that awareness raising and training on equality issues be strengthened. The Committee requests the Government to provide detailed information on the measures taken or envisaged in this regard, indicating how the cooperation with workers’ and employers’ organizations and other appropriate bodies, such as the National Human Rights Commission, has been sought. The Committee also requests the Government to indicate any cases of discrimination in employment and occupation dealt with by the competent authorities.

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 very near future.

CMNT_TITLE

1. Gender equality. In its previous comments under the Equal Remuneration Convention, 1951 (No. 100), the Committee noted that section 206 of the Civil Code of Rwanda establishes that the husband is the head of the household as a matter of principle. As a consequence, women workers are entitled to income tax reductions in respect of dependants only in so far as they prove that they are de facto heads of households. The Committee observed that providing for equal rights of women and men in civil and family matters creates an environment which should be conducive to more rapid progress towards equal opportunity and equal treatment for men and women in employment. In its report, the Government states that it has taken due note of this observation. The Committee requests the Government to indicate in its next report whether any consideration is being given to amending section 206 of the Civil Code in order to provide for the equal status of men and women as heads of household.

2. Statistical information. The Committee requests the Government to provide detailed statistical information on the participation of men and women in private and public sector employment (if possible according to occupations and level of responsibility), as well as their representation in the informal economy.

3. Measures to promote equal access of the Batwa to education, training and employment. In reply to the Committee’s request for information on any measures taken to promote equality of opportunity and treatment of the Batwa, the Government indicates in its report that, since 2003, elementary education was provided free of charge and that education funds at the district level supported poor households to ensure education for their children. The Committee requests the Government to provide further and more detailed information on the specific measures taken to improve the access of members of the Batwa community to education, including vocational training, and to employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this group.

CMNT_TITLE

1. Legislation. Grounds of discrimination and scope of protection. Recalling its previous comments concerning section 12 of the Labour Code (Act No. 51/2001), the Committee notes the Government’s statement that a draft Labour Code had been drafted, section 7 of which would replace section 12 of the existing law. According to the Government, the new section 7 of the draft Labour Code prohibits discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all stages of the employment process. The Committee hopes that the revision of the Labour Code will introduce provisions on equality of opportunity and treatment in employment and occupation in accordance with the Convention, and encourages the Government to seek, in this regard, the assistance of the ILO. The Committee requests the Government to provide the text of the draft Labour Code to the Committee for examination.

2. Sexual harassment. The Committee notes the Government’s indication that section 16 of the draft Labour Code provides that a worker cannot be sanctioned for having been sexually harassed or for having objected to acts of sexual harassment by the employer, a representative of the employer or any other person abusing his or her authority. The same provision also protects workers who report sexual harassment. The Committee hopes that the new provisions on sexual harassment will not only address the protection of workers from reprisals, but also define and prohibit sexual harassment as such. The Committee urges the Government to have due regard to its 2002 general observation on sexual harassment for further guidance. The Committee requests the Government to keep it informed of the steps taken to include appropriate provisions on sexual harassment in the Labour Code.

3. Application to the civil service. The Committee notes that the Government’s report refers to section 181 of the Constitution which envisages the establishment of a civil service commission as an independent national institution responsible for organizing an objective, impartial and transparent system for the selection of candidates. Noting the observations made by the Congress of Labour and Brotherhood of Rwanda (COTRAF) according to which the civil service commission has not yet been established, the Committee requests the Government to provide full information on the establishment and functioning of this commission, including on the measures taken by it to ensure that recruitment to the civil service is free from discrimination.

4. Practical application. In its previous comments, the Committee noted observations from workers’ organizations concerning discrimination in practice on the grounds of sex, ethnicity, religion, political affiliation or social origin, despite the fact that the law prohibits such discrimination. In reply to the requests for information made by the Committee in this regard, the Government indicates that no cases of discrimination have been reported to the labour inspection services. No information was provided on whether and how the National Human Rights Commission, the Office of the Ombudsperson or the courts had addressed instances of discrimination.

5. The Committee emphasizes that prohibiting discrimination by law is an important element in ensuring the application of the Convention. However, a national policy to promote equality of opportunity and treatment in employment and occupation, as envisaged under Article 2 of the Convention, also requires the Government to take specific measures to ensure that equality of opportunity and treatment can be enjoyed in practice. In this regard, the Committee recommends that the Government examine whether the available administrative and judicial remedies are appropriate to address discrimination in employment and occupation, as well as any other obstacles for the detection and resolution of instances of discrimination in employment and occupation. In this context, the Committee recommends that awareness raising and training on equality issues be strengthened. The Committee requests the Government to provide detailed information on the measures taken or envisaged in this regard, indicating how the cooperation with workers’ and employers’ organizations and other appropriate bodies, such as the National Human Rights Commission, has been sought. The Committee also requests the Government to indicate any cases of discrimination in employment and occupation dealt with by the competent authorities.

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

CMNT_TITLE

The Committee notes the Government’s report, as well as the observations attached thereto of the Trade Union Central of Rwanda (CESTRAR), the Association of Christian Trade Unions Umurimo (ASC/UMURIMO), the Congress of Labour and Fraternity of Rwanda (COTRAF) and the National Council of Free Trade Union Organizations of Rwanda (COSYLI).

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indications that no specific laws to combat sexual harassment have been adopted and that the issue has not yet been addressed through educational measures and awareness raising. The ASC/UMURIMO stated that sexual harassment existed and recommended that legislation to protect workers from such harassment at the workplace be adopted. The Committee encourages the Government to take the appropriate legislative and other measures to prohibit and prevent sexual harassment at work, including through educational programmes and awareness-raising campaigns; to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies in this regard; and to keep the Committee informed of any steps taken and progress made.

2. Articles 2 and 3. Application in practice. COTRAF points out that despite the prohibition of discrimination by law, there existed some distinctions in practice between persons for reasons related to ethnicity, religion, political affiliation or social origin. They also raise doubts as to the availability of effective administrative or judicial recourse in cases of discrimination and point to the need for taking practical measures to promote non-discrimination and equality at work. CESTRAR states that discrimination at the stage of recruitment existed in the private sector. As an example, reference was made to the rejection of female job applicants for reasons related to pregnancy. The Government replied that it would make the necessary investigations to examine whether such cases existed. It indicated that complaints regarding discrimination could be lodged with the National Commission on Human Rights and the Office of the Ombudsperson. The Committee requests the Government to provide, in its next report, information on:

(a)  any measures taken or envisaged to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies, such as the National Human Rights Commission, with a view to promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in employment and occupation. The Committee encourages the Government and its social partners to consult on and implement concrete and practical measures to promote and ensure equality at work, such as awareness-raising initiatives and training on equality issues for public officials, employers’ and workers’ representatives, or collection and analysis of labour market data disaggregated by sex;

(b)  the results of the investigations made into cases of pregnancy-related discrimination referred to by the Government; and

(c)  the activities of the authorities to ensure the implementation and enforcement of laws and regulations providing for equality in employment and occupation. Please indicate the number, nature and outcome of any cases concerning work-related discrimination dealt with by the labour inspectorate, the courts, the National Human Rights Commission, or the Office of the Ombudsman.

3. Measures to promote equality of opportunity and treatment irrespective of race or colour. In its previous comments the Committee has sought information from the Government on the measures taken to guarantee underprivileged ethnic groups, such as the Batwa, equality of opportunity and treatment in employment and occupation as laid down in the Convention. In reply, the Government states that article 14 of the Constitution was applicable to the Batwa in need of public assistance or special social measures. The Committee notes that article 14 provides that the State, within the limits of its capacity, takes special measures for the well-being of poor genocide survivors, disabled persons, persons without means, older persons and other vulnerable groups. The Committee also understands that the National Commission for Unity and Reconciliation recommended in 2000 that positive measures should be taken to promote the access of the Batwa to education. It notes that, according to the ASC/UMURIMO, it was important to take positive action in respect of the Batwa in the area of employment, including access to vocational training free of charge. The Committee requests the Government to provide, in its next report, information on any measures taken or envisaged to promote equality of opportunity and treatment of the Batwa or other underprivileged ethnic groups, including access to vocational training.

CMNT_TITLE

1. Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee notes that under article 11 of the new Constitution of the Republic of Rwanda of 4 June 2003, all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural difference, language, social situation, physical or mental disability or any other form of discrimination, is prohibited and punishable by the law. The Committee notes with interest that article 11 provides increased constitutional protection from discrimination as compared to the previous Constitution by explicitly prohibiting discrimination and by introducing new prohibited grounds. It notes that no explicit reference is made in article 11 to national extraction, which is listed in Article 1(1)(a) of the Convention. The Committee recalls that the ground of national extraction relates to distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. The Government is requested to indicate whether article 11 of the 2003 Constitution is intended to prohibit discrimination on the basis of national extraction, and to provide information on the application of article 11 in practice, including information on any cases brought under it before the courts or other competent bodies.

2. The Committee refers to section 12 of the Labour Code (Act No. 51/2001) which provides that "any distinction, exclusion or preference made, in particular on the basis of race, colour, sex, religion, or political opinion, which would have the effect of nullifying or impairing equality of opportunity in employment or equality of treatment before the judicial instances in labour disputes, is prohibited". The Committee noted previously that this provision makes no reference to the grounds of national extraction and social origin, which are listed in Article 1(1)(a) of the Convention. The Committee notes from the Government’s report, that the ground of national extraction had been omitted unintentionally, while no information is given with regard to the ground of social origin. The Committee requests the Government to take the measures necessary to amend the Labour Code to ensure that it prohibits discrimination on all the grounds listed in the Convention, including national extraction and social origin.

3. Article 1(3). Scope of protection. Section 12 of the Labour Code provides for "equality of opportunity in employment or equality of treatment before the judicial instances in labour disputes". The Committee recalls that the Convention is aimed at achieving equality in employment and occupation, which includes access to vocational training, access to employment and particular occupations, and terms and conditions of employment. The Committee requests the Government to clarify whether section 12 of the Labour Code prohibits discrimination in respect of all stages of the employment process, including vocational training, recruitment, access to particular occupations, as well as terms and conditions of employment.

4. Recruitment in public establishments. For a number of years the Committee has been commenting on the requirement of an attestation or certificate of good conduct, lifestyle and morals in order to be employed in public establishments, which was contained in section 6 of the Presidential Order of 20 December 1976 establishing the conditions of service of personnel in public establishments. In this regard, the Committee notes with satisfaction that the Presidential Order has been repealed with the adoption of Act No. 22/2002 establishing the general conditions of service of public officials.

5. Article 4. Measures to protect state security. In its previous observation, the Committee requested the Government to indicate the measures that have been taken to ensure that a person cannot be refused employment for reasons related to the security of the State except within the limits prescribed by Articles 1 and 2 of the Convention, and subject to the right of appeal set out in Article 4. The Committee trusts that the Government will provide the information requested in the near future, as indicated in its report.

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

CMNT_TITLE

Further to its observation, the Committee requests the Government to provide information on the following points.

1. Noting from section 28 of Act No. 22/2002 establishing the general conditions of service of public officials, which establishes the criteria for admission to competitions concerning civil service posts, that additional criteria can be established for certain employment, the Committee asks the Government to provide information whether it has made or intends to make use of this provision. If applicable, please provide information on any additional criteria established.

2. Noting the Committee on the Elimination of Racial Discrimination was encouraged by the Government’s efforts to rehabilitate the judicial system, including through training of judicial and law enforcement officials (concluding observation of 23 March 2000, CERD/C/304/Add.97, paragraph 7), the Committee would be grateful to receive information on whether such training is also provided to officials enforcing or applying laws and regulations on non-discrimination and equality in employment and occupation, such as judges and labour inspectors.

3. The Committee notes that the Government’s report did not reply to the following points raised in its previous direct request:

[...]

2.  The Committee notes that the Government has not provided any information on the actual situation of underprivileged ethnic groups, particularly the Batwa (Pygmies) and that it makes no mention of the study that it had envisaged undertaking on this matter. The Committee would therefore be grateful if the Government would indicate whether such a study has actually been carried out and, if so, its conclusions and recommendations, as well as the measures which have been taken or are contemplated to ensure that these minorities enjoy the equality of opportunity and treatment in employment and occupation guaranteed by both the Convention and article 16 of the Constitution of Rwanda. If the study has not been carried out, the Committee would be grateful to be provided with information on the measures taken or envisaged by the Government to guarantee underprivileged ethnic groups, including the Batwa, the equality of opportunity and treatment in employment and occupation laid down by the Convention.

3.  The Committee notes that the Government makes no reference in its report to any effect that the liberalization of recruitment procedures since 1993 may have had on the application of the national policy for the promotion of equality of opportunity and treatment in access to employment. The Committee therefore once again requests the Government to indicate the measures which have been taken or are envisaged to ensure the right of all jobseekers to have their applications for employment considered equitably, that is, without discrimination on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.

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

CMNT_TITLE

1. The Committee notes the Government’s report. It notes with interest the Act instituting punishment for offences of discrimination and sectarianism (No. 47/2001) which entered into force on 15 February 2002. Under section 3 of the Act, discrimination is an offence committed through oral or written expression or any act based on ethnic origin, nationality, skin colour, physical features, sex, language, religion or opinion aimed at depriving one or more persons of their rights under the laws in force in Rwanda and under international conventions to which Rwanda is a party. The Government is requested to provide information on the implementation and enforcement of the Act in respect to discrimination in employment and occupation.

2. The Committee also notes that section 12 of the new Labour Code (Act No. 51/2001), which entered into force on 1 March 2002, provides that "any distinction, exclusion or preference made in particular on the basis of race, colour, sex, religion, or political opinion, which would have the effect of nullifying or impairing equality of opportunity in employment or equality of treatment before the judicial instances in labour disputes, is prohibited". Noting that section 12 covers all the prohibited grounds of discrimination mentioned in Article 1(1)(a) of the Convention, except national extraction and social origin, the Committee recalls the importance of prohibiting discrimination on all the grounds laid down in the Convention. Aware of the recent history of the country, the Committee firmly believes that the prevention of and protection from discrimination in employment, particularly on grounds of national extraction, is crucial in promoting national reconciliation and peace. It therefore asks the Government to indicate the reasons for this omission, as well as the manner in which discrimination on grounds of national extraction and social origin are otherwise prohibited in employment in law or practice. It hopes that the Government will consider amending the Act to bring it fully in line with Article 1(1)(a) of the Convention. In addition, the Committee is concerned that section 12 could be read and applied in a manner, that would restrict its scope to providing equality before the courts in labour matters. Recalling that the Convention’s scope is broad, providing for substantive as well as formal equality of opportunity and treatment in employment and occupation at all stages of employment, including vocational training, recruitment, access to particular occupations, as well as terms and conditions of employment, the Committee requests the Government to clarify the meaning of section 12 of the Labour Code and to provide indications as to its application in practice.

3. Further to its previous comments, the Committee notes that the new Labour Code, through its section 198, formally repeals all prior legal provisions and regulations contrary to the Code, including the Presidential Order of 17 April 1978 which organized the placement of workers and employment supervision. It notes with interest that the requirement for obtaining employment in the private sector of an attestation or certificate of good conduct, lifestyle and morals, which is issued by the communal authorities, has therefore been abolished de jure. As regards the requirement of such an attestation in respect to employment in the public service, the Committee notes with satisfaction that Act No. 22/2002 establishing the general conditions of service of public officials, which entered into force on 1 September 2002 and which replaces the Legislative Decree of 19 March 1974, no longer requires such an attestation in law or practice.

4. Recalling that section 6 of the Presidential Order of 20 December 1976 establishing the conditions of service of personnel in public establishments also provided for the requirement of an attestation or certificate of good conduct, lifestyle and morals in order to be employed in public establishments, the Government is requested to clarify whether this Order is still in force.

5. The Committee recalls its request for information concerning the re-education programme that repatriated persons seeking employment, or those already employed, were required to follow. In this regard, the Committee notes the Government’s statement that re-education of all components of the Rwandan society ("Ingando") continued in order to strengthen cohesion and to overcome the ethnic and tribal divisions that led to the 1994 genocide, and that re-education was no longer targeted specifically at persons seeking employment or having found work, as was the case in 1998 when there was a massive influx of returning refugees. The Committee notes this information. Noting from the report that no assessment of the impact of the Government’s human rights awareness campaign is yet available, the Committee asks the Government to continue to provide information on any measures taken to promote the rule of law and respect for human rights through awareness-raising activities and human rights education or training, for government officials and the public at large, including relevant activities of the National Commission on Human Rights.

6. With reference to its previous comments concerning exclusion from employment for reasons related to the security of the State, the Committee notes the information provided by the Government that since the liberalization of recruitment nobody had been refused employment because of being suspected of carrying out activities prejudicial to the security of the State. Recalling that the Government had previously stated that the labour administration was no longer responsible for conducting investigations concerning persons suspected of carrying out such activities, the Committee reiterates its request to the Government to indicate the measures which have been taken to ensure that a person cannot be refused employment for reasons related to the security of the State except within the limits prescribed by Articles 1 and 2 of the Convention, and subject to the right of appeal set out in Article 4.

In addition, a request regarding other points is being addressed directly to the Government.

CMNT_TITLE

1. In its previous comments, the Committee noted that the Bill to amend the Act of 28 February 1967 issuing the Labour Code contained no provision prohibiting discrimination in employment on all of the seven grounds provided for in the Convention. In its report, the Government states that the current draft Labour Code fully incorporates in section 14 the wording of Article 1, paragraph 1(a), of Convention No. 111 and merely adds ethnic origin among the grounds of discrimination which are prohibited by the legislation. The Government adds that the draft text is currently being examined by the Transitional National Assembly. The Committee notes this information and would be grateful if the Government would keep it informed of the progress achieved in adopting the new Labour Code and if it would provide a copy of the final text.

2. The Committee notes that the Government has not provided any information on the actual situation of underprivileged ethnic groups, particularly the Batwa (Pygmies) and that it makes no mention of the study that it had envisaged undertaking on this matter. The Committee would therefore be grateful if the Government would indicate whether such a study has actually been carried out and, if so, its conclusions and recommendations, as well as the measures which have been taken or are contemplated to ensure that these minorities enjoy the equality of opportunity and treatment in employment and occupation guaranteed by both the Convention and article 16 of the Constitution of Rwanda. If the study has not been carried out, the Committee would be grateful to be provided with information on the measures taken or envisaged by the Government to guarantee underprivileged ethnic groups, including the Batwa, the equality of opportunity and treatment in employment and occupation laid down by the Convention.

3. The Committee notes that the Government makes no reference in its report to any effect that the liberalization of recruitment procedures since 1993 may have had on the application of the national policy for the promotion of equality of opportunity and treatment in access to employment. The Committee therefore once again requests the Government to indicate the measures which have been taken or are envisaged to ensure the right of all jobseekers to have their applications for employment considered equitably, that is, without discrimination on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.

CMNT_TITLE

1. The Committee welcomes the efforts made by the Government, following the civil war which tore the country apart in 1994, to establish a State based on the rule of law and to promote peace and reconciliation, as noted by the United Nations Commission on Human Rights in Resolution No. 1999/20 on the situation of human rights in Rwanda. The Committee takes this opportunity to request the Government to keep the Office informed of the results of the awareness campaign that it has launched to promote the rule of law, respect for human rights and national reconciliation.

2. The Committee notes the information provided by the Government on the objectives and the number of persons who have followed the rehabilitation programme that repatriated persons seeking employment or already employed are required to follow. However, it notes that the Government's report makes no reference to the issue of whether measures have been taken to ensure that there is no resulting discrimination in employment and occupation based on any of the seven grounds enumerated in the Convention. It would be grateful if the Government would provide the information requested and also if it would indicate whether the process of rehabilitation which it describes is an isolated event or whether it is a continuing process.

3. Since 1985, the Committee has been expressing its concern with regard to the attestation or certificate of good conduct, lifestyle and morals, which is issued by the communal authorities, and which is required for persons to obtain salaried employment and to apply for employment in the public service, although no legal provision or regulations establish the criteria on which this attestation (or certificate) is to be issued or refused. The Committee notes the Government's statement that the liberalization of the recruitment of labour in 1993, without amendment to the regulations which are in force, had the de facto result of rendering null and void the Presidential Order of 17 April 1978, which organized the placement of workers and the supervision of employment. It therefore also nullified a number of formalities prior to recruitment, including the requirement of a certificate of good conduct, lifestyle and morals. Since then, recruitment in the private sector has essentially been based on the vocational skills of the applicants. The Committee notes that, according to the Government, the coming into force of the new Labour Code will give a legal basis to the current situation and will automatically result in the repeal of the above Order. The Committee would therefore be grateful if the Government would keep it informed of the progress achieved in the adoption of the new Labour Code and if it would provide a copy of the definitive text.

4. Nevertheless, the Committee notes that the attestation of good conduct, lifestyle and morals is still required from applicants for employment in the public service (despite the absence of legal provisions or regulations establishing the criteria on which this attestation is to be issued or refused) under the terms of section 5 of the Legislative Decree of 19 March 1974 which established the general conditions of service of public officials and section 6 of the Presidential Order of 20 December 1976, which established the conditions of service of personnel in public establishments. In its report, the Government considers that there are no grounds for concern with regard to such a requirement since "its grant by the communal authority, according to the usual practice, requires the opinions of lower bodies which are close to the population". However, the Committee remains concerned. It considers that requesting the opinion of bodies close to the population is not a sufficient guarantee of the effective respect of the principles set forth in the Convention and cannot compensate for the lack of criteria on which these bodies are to base their opinions. The Committee therefore suggests that recourse should be had to information which is less subject to interpretation, such as the person's criminal record. So that it can gain an idea of the scope of the phenomenon, the Committee would be grateful if the Government would provide statistics on the number of cases in which communal authorities have refused to issue an attestation of good conduct, lifestyle and morals, and on the reasons given for such refusals, as well as the number of appeals made against any such refusals by the communal authorities, including copies of the decisions of the Council of State in such cases. The Committee notes that the general conditions of service of public officials is under examination and requests the Government to keep it informed of the progress made with the draft revision of the conditions of service in the public service and to provide it with a copy of the definitive text once it has been adopted.

5. The Committee notes that, following the liberalization of recruitment, the labour administration is no longer responsible for conducting the necessary investigations concerning persons "suspected of carrying out activities prejudicial to the security of the State" and that such investigations are now the responsibility of other state services. Since the Government has not provided information on this point, the Committee once again hopes that the Government's next report will indicate the measures which have been taken to ensure that a person cannot be refused employment for reasons related to the security of the State, except within the limits prescribed by Articles 1 and 2 of the Convention, and subject to the right of appeal set out in Article 4, and that it will provide copies of court decisions on this matter.

CMNT_TITLE

In its previous comments, the Committee considered that, despite the comments which had been submitted by the ILO on the draft Bill, the draft amendments to the Act of 28 February 1967 issuing the Labour Code contains no provision to prohibit discrimination in employment on all of the seven grounds provided for in the Convention. The Committee takes due note of the Government's statement that the current draft text of the Labour Code eliminates any discrimination on the grounds of sex since sections 159 to 163 protect pregnant women and nursing mothers. The Committee, nevertheless, emphasizes that non-discrimination on the grounds of sex, as set out in the Convention, is not restricted only to distinctions, exclusions and preferences based on the biological characteristics and functions of women and, in this respect, refers the Government to paragraphs 35 to 40 of its 1996 Special Survey on equality in employment and occupation. The Committee also wishes to emphasize that, in addition to discrimination on the ground of sex, the Convention expressly prohibits discrimination in employment or occupation on six other grounds: race, colour, religion, political opinion, national extraction or social origin. The Committee would therefore be grateful if the Government could provide information on the measures taken to ensure the application in practice of the principle of non-discrimination in employment and occupation, as set out in the Convention and section 16 of the Constitution of Rwanda. The Committee also requests the Government to keep it informed of the progress achieved in the adoption of the new Labour Code.

As far as the situation facing disadvantaged ethnic groups and, in particular, the Batwa (Pygmies) are concerned, the Committee notes the Government's statement in which it envisages improving the situation of ethnic groups following an in-depth study of the question. The Committee, therefore, requests the Government to keep it informed of the conclusions and recommendations of this study. In the meantime, the Committee requests information, including statistics, on the situation of ethnic groups as regards access to vocational training, employment (public and private sectors) and the various occupations.

The Committee notes that the Presidential Order of 26 February 1993, by liberalizing the recruitment of workers, has invalidated the Presidential Order of 17 April 1978 respecting the organization and placement of workers and employment control. The Committee would be grateful if the Government could provide information on the effect of this new regulation on the application of its national policy to promote equality of opportunity and treatment in matters of recruitment, particularly in regard to eliminating all discrimination on the grounds of sex, race or national extraction and, where appropriate, copies of any decisions pronounced by the courts in respect of jobseekers who consider they have been victims of discrimination on one or several of the grounds prohibited by the Convention.

CMNT_TITLE

1. The Committee is aware of the Government's efforts towards the economic and social reconstruction of the country, including the reintegration of the returnees. The Committee understands that the Government announced that returnees who wanted to seek employment would first have to pass through a one-month programme of re-education, and that returnees already employed had been told to leave their jobs until they had undergone this process. The Committee would be grateful if the Government would provide information on the re-education process, including the numbers of persons who have undergone the re-education, and the measures taken to ensure that it does not result in discrimination in employment and occupation on the basis of any of the grounds set out in the Convention.

2. With respect to the issuance, by the communal authorities, of a certificate of good conduct, lifestyle and morals and proof of loyalty to the authorities and national institutions required by jobseekers wishing to enter public service (in accordance with section 5 of the Legislative Decree of March 1974 issuing General Regulations for State Employees and section 6 of the Presidential Order of 20 December 1976 issuing Regulations for Personnel in Public Enterprises), the Committee notes that the new draft of the public service regulations which are intended to resolve the question of the criteria on which communal authorities may refuse or grant such certificates is still being examined. It therefore requests the Government to keep it informed of progress on the said draft text and to supply a copy of the definitive text once it has been adopted.

3. The Committee notes, on the other hand, that the Government's report makes no mention of the fact that the labour administration may request a certificate of good conduct, lifestyle and morals from jobseekers who are "justifiably suspected of, or engaged in, activities prejudicial to the security of the State", even though there are no legislative provisions or regulations which define the criteria on which communal authorities may refuse or issue such certificates. Therefore, the Committee reiterates that it would like the Government to indicate in its next report the measures taken to rectify this omission which could be open to abuse and, also, to ensure that a jobseeker may only be refused employment if justifiably suspected of, or engaged in, activities prejudicial to the security of the State within the limits of Articles 1 and 2 of the Convention and subject to the right to appeal as laid down in Article 4. In this respect, please refer to paragraphs 104 and 134-138 of the Committee's 1988 General Survey on equality in employment and profession.

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

CMNT_TITLE

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.

1. The Committee notes with interest that a Bill to revise the Labour Code, Act of 28 February 1967, has been prepared and sent to the Office for comments. It notes, however, that the draft text contains no provision prohibiting discrimination on all the grounds set out in the Convention. The Committee would be grateful if the Government would supply information on the measures taken, following the Office's advice, to include in the draft Code provisions ensuring the principle of non-discrimination in employment and occupation in line with the Convention, and on the progress made towards adoption of the new Code.

2. Referring to its previous comments concerning women and vulnerable ethnic groups, the Committee again asks the Government to supply information on the concrete measures taken or under consideration to promote equality of opportunity and treatment in employment and occupation and to eliminate any discrimination based on all the grounds listed in the Convention, including ethnicity and sex. It would like to receive information on the measures taken to promote the training and employment of women and vulnerable ethnic groups, particularly the Pygmies (Batwa), and on the results obtained discernible through statistics on the number of women and members of this ethnic group undergoing training, especially vocational and university training, and their access to public and private employment.

3. The Committee notes that, according to the report, the Presidential Order of 26 February 1993 to amend the Presidential Order of 17 April 1978 on the organization of workers' placement services and employment supervision, liberalizes the recruitment of national manpower and removes the obstacles of a legal and regulatory nature from employment mobility and flexibility, which had originated in the numerous formalities for recruitment under the former, above-mentioned Order. The Committee would like to receive information on the effect of this new regulation on the national policy to promote equality of opportunity and treatment and to eliminate any discrimination during the recruitment process which might be based on the criteria set out in the Convention, in particular race and sex. In particular, please supply details on the way in which placement services ensure the application of this policy, on the means of action available to them, and the means of redress open to those who use them and believe that they have suffered discrimination following the implementation of the new recruitment procedures.

CMNT_TITLE

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

1. In its previous comments, the Committee had referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of the Presidential Order of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria the issuance by the communal authority to candidates of a certificate of good conduct, living and morals and loyalty to the authorities and national institutions. The Committee notes that the Government recalls the provisions of the above-mentioned Legislative Decree and indicates that there are no legislative or regulatory provisions that define the criteria on the basis of which the communal authority can base a refusal or a grant of these certificates. The Government recognizes that this lacuna could give rise to irregularities and points out that the new authorities in the country can find a solution in conformity with the Convention. With this in mind, a draft of new public service regulations has been prepared and is being examined by the Government. The Committee asks the Government to transmit, with its next report, information on the measures taken to bring its legislation and practice into conformity with the Convention, and on progress made towards the adoption of the new public service regulations which would amend section 5 of the above-mentioned Legislative Decree. The Committee again draws the Government's attention to the fact that, if by virtue of Article 1, paragraph 2, of the Convention, it is permissible to take account of political opinion for certain high-level posts directly involved in the implementation of government policy, the same does not apply when criteria relating to political opinion are applied to all public employment or certain other occupations. 2. Referring to its previous comments on the refusal of communal authorities to issue certificates of good conduct, living and morals, required by the labour administration of persons seeking employment who are suspected of activities prejudicial to the security of the State, without appropriate legislative or regulatory bases, the Committee hopes that the next report will indicate the measures taken and the results obtained in ensuring that no one can only be refused employment for reasons linked to the security of the State within the limits of Articles 1, paragraph 2, and 4, of the Convention and subject to the right of appeal in Article 4. Please refer in this connection to paragraphs 134 to 138 and 104 of the Committee's 1988 General Survey on equality in employment and occupation. 3. The Committee is addressing a request directly to the Government on other points.

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

CMNT_TITLE

1. The Committee notes with interest that a Bill to revise the Labour Code, Act of 28 February 1967, has been prepared and sent to the Office for comments. It notes, however, that the draft text contains no provision prohibiting discrimination on all the grounds set out in the Convention. The Committee would be grateful if the Government would supply information on the measures taken, following the Office's advice, to include in the draft Code provisions ensuring the principle of non-discrimination in employment and occupation in line with the Convention, and on the progress made towards adoption of the new Code.

2. Referring to its previous comments concerning women and vulnerable ethnic groups, the Committee again asks the Government to supply information on the concrete measures taken or under consideration to promote equality of opportunity and treatment in employment and occupation and to eliminate any discrimination based on all the grounds listed in the Convention, including ethnicity and sex. It would like to receive information on the measures taken to promote the training and employment of women and vulnerable ethnic groups, particularly the Pygmies (Batwa), and on the results obtained discernible through statistics on the number of women and members of this ethnic group undergoing training, especially vocational and university training, and their access to public and private employment.

3. The Committee notes that, according to the report, the Presidential Order of 26 February 1993 to amend the Presidential Order of 17 April 1978 on the organization of workers' placement services and employment supervision, liberalizes the recruitment of national manpower and removes the obstacles of a legal and regulatory nature from employment mobility and flexibility, which had originated in the numerous formalities for recruitment under the former, above-mentioned Order. The Committee would like to receive information on the effect of this new regulation on the national policy to promote equality of opportunity and treatment and to eliminate any discrimination during the recruitment process which might be based on the criteria set out in the Convention, in particular race and sex. In particular, please supply details on the way in which placement services ensure the application of this policy, on the means of action available to them, and the means of redress open to those who use them and believe that they have suffered discrimination following the implementation of the new recruitment procedures.

CMNT_TITLE

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:

1. The Committee notes that a draft Act relating to the national policy on vocational training will be submitted immediately to the competent authorities for adoption. It also notes that a National Training and Advance Training Centre will be operational in the near future and that, to date, vocational training has been organized sporadically as the need arises and with available means which are still limited. The Committee hopes that the Act relating to the national policy on vocational training will be adopted in the near future and that the Government will be able to send it the text. It would also be grateful if the Government would supply in its next report information on the number and types of vocational training carried out, on the results obtained and the percentage of women who participate in such training.

2. The Committee takes note of the 1992 statistics concerning the distribution of the active population by occupational category and sex, by branch of activity and sex, and by professional status and sex, for the private sector excluding agriculture and self-employment. Noting that only 105 out of 1,287 senior administrative managers are female and that the female economically active population is concentrated in agriculture and stock-raising, the Committee asks the Government to supply in its next report indications of the measures taken, in accordance with Article 3 of the Convention, to promote the national policy of non-discrimination in employment on the basis of sex. It also asks the Government to supply statistics of this nature showing the distribution of men and women throughout the different levels of the public service.

3. The Committee asks the Government to supply information in its next report on the measures taken or envisaged to ensure that persons belonging to the Tutsi and Batwa minorities do not suffer any discrimination and enjoy, in law and in practice, equality of opportunity and treatment in the fields covered by the Convention. In particular, it would like to receive information on:

(a) the situation of persons belonging to these minorities as regards access to education, vocational training and employment, together with relevant statistics; and

(b) any quota system having the effect of restricting access of members of these minorities to education, training and public service jobs.

CMNT_TITLE

The Committee notes the information supplied in the Government's report. Aware of the situation in the country, the Committee nevertheless notes that the Government has not replied directly to the questions which it raised in its previous comments. However, certain of these points are covered in the examination made by the Government of its application of the Convention.

1. In its previous comments, the Committee had referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of the Presidential Order of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria the issuance by the communal authority to candidates of a certificate of good conduct, living and morals and loyalty to the authorities and national institutions. The Committee notes that the Government recalls the provisions of the above-mentioned Legislative Decree and indicates that there are no legislative or regulatory provisions that define the criteria on the basis of which the communal authority can base a refusal or a grant of these certificates. The Government recognizes that this lacuna could give rise to irregularities and points out that the new authorities in the country can find a solution in conformity with the Convention. With this in mind, a draft of new public service regulations has been prepared and is being examined by the Government. The Committee asks the Government to transmit, with its next report, information on the measures taken to bring its legislation and practice into conformity with the Convention, and on progress made towards the adoption of the new public service regulations which would amend section 5 of the above-mentioned Legislative Decree. The Committee again draws the Government's attention to the fact that, if by virtue of Article 1, paragraph 2, of the Convention, it is permissable to take account of political opinion for certain high-level posts directly involved in the implementation of government policy, the same does not apply when criteria relating to political opinion are applied to all public employment or certain other occupations.

2. Referring to its previous comments on the refusal of communal authorities to issue certificates of good conduct, living and morals, required by the labour administration of persons seeking employment who are suspected of activities prejudicial to the security of the State, without appropriate legislative or regulatory bases, the Committee hopes that the next report will indicate the measures taken and the results obtained in ensuring that no one can only be refused employment for reasons linked to the security of the State within the limits of Articles 1, paragraph 2, and 4, of the Convention and subject to the right of appeal in Article 4. Please refer in this connection to paragraphs 134 to 138 and 104 of the Committee's 1988 General Survey on equality in employment and occupation.

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

CMNT_TITLE

The Committee notes that the Government's report has not been received. It refers to its General Observation on this country and repeats its previous observation which read as follows:

1. In its previous comments, the Committee had noted that certificates of good conduct, living and morals are required by the labour administration before any person begins to work for wages and that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue these certificates without having to base its refusal on any provisions or procedures in this respect. The Committee notes that, according to the Government, the question has been submitted to the Ministry of the Interior and of Communal Development for examination and appropriate follow-up. It hopes that the next report will indicate the measures taken or envisaged as a result of this examination so as to ensure that a person may be refused employment only for reasons linked to the security of the State within the limits prescribed by Articles 1, paragraph 2, and 4 of the Convention, and subject to the right of appeal set out in Article 4. In this regard, the Committee recalls paragraphs 134 to 138 and 104 of its 1988 General Survey on Equality in Employment and Occupation, in particular, where it states: "the application of measures intended to protect the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise, there is a danger, and even likelihood, that such measures entail distinctions and exclusions based on political opinion or religion, which would be contrary to the Convention." 2. In its previous direct requests, the Committee had also referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of Presidential Order No. 227/01 of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria "good conduct, living and morals" and "loyalty to the authorities and national institutions". Noting the Government's reply that this proof of loyalty is treated in the same way as certificates of good conduct, living and morals, the issuance of which is at the discretion of the communal authority, the Committee refers back to its comments under point I of this observation. In addition, it observes that the requirement of "loyalty to the authorities and national institutions" should not be interpreted in practice in such a way as to justify any distinction, exclusion or preference based on political opinion as regards access to employment in the public service or in public enterprises. Indeed, while it is accepted under Article 1, paragraph 2, of the Convention that political opinion may be taken into account for certain senior posts directly related to the implementation of government policy, this is not the case when criteria of a political nature are laid down for all types of public employment in general or in certain other occupations, as for example, when it is stipulated that the persons concerned must formally declare themselves and show themselves faithful to the political principles of the regime in power. Consequently, the Committee trusts that the Government will supply in its next report information on the application in practice of the provisions referred to above and, in particular, on the number of cases and the type of employment where these provisions have been used. 3. The Committee requests the Government to refer also to the request it is addressing directly to the Government on the application of other aspects of the Convention.

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

CMNT_TITLE

The Committee notes the Government's reply to its previous comments.

1. The Committee notes that a draft Act relating to the national policy on vocational training will be submitted immediately to the competent authorities for adoption. It also notes that a National Training and Advance Training Centre will be operational in the near future and that, to date, vocational training has been organized sporadically as the need arises and with available means which are still limited. The Committee hopes that the Act relating to the national policy on vocational training will be adopted in the near future and that the Government will be able to send it the text. It would also be grateful if the Government would supply in its next report information on the number and types of vocational training carried out, on the results obtained and the percentage of women who participate in such training.

2. The Committee takes note of the 1992 statistics concerning the distribution of the active population by occupational category and sex, by branch of activity and sex, and by professional status and sex, for the private sector excluding agriculture and self-employment. Noting that only 105 out of 1,287 senior administrative managers are female and that the female economically active population is concentrated in agriculture and stock-raising, the Committee asks the Government to supply in its next report indications of the measures taken, in accordance with Article 3 of the Convention, to promote the national policy of non-discrimination in employment on the basis of sex. It also asks the Government to supply statistics of this nature showing the distribution of men and women throughout the different levels of the public service.

3. The Committee asks the Government to supply information in its next report on the measures taken or envisaged to ensure that persons belonging to the Tutsi and Batwa minorities do not suffer any discrimination and enjoy, in law and in practice, equality of opportunity and treatment in the fields covered by the Convention. In particular, it would like to receive information on:

(a) the situation of persons belonging to these minorities as regards access to education, vocational training and employment, together with relevant statistics; and

(b) any quota system having the effect of restricting access of members of these minorities to education, training and public service jobs.

CMNT_TITLE

The Committee notes the Government's reply to its previous observation.

1. In its previous comments, the Committee had noted that certificates of good conduct, living and morals are required by the labour administration before any person begins to work for wages and that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue these certificates without having to base its refusal on any provisions or procedures in this respect.

The Committee notes that, according to the Government, the question has been submitted to the Ministry of the Interior and of Communal Development for examination and appropriate follow-up. It hopes that the next report will indicate the measures taken or envisaged as a result of this examination so as to ensure that a person may be refused employment only for reasons linked to the security of the State within the limits prescribed by Articles 1, paragraph 2, and 4 of the Convention, and subject to the right of appeal set out in Article 4. In this regard, the Committee recalls paragraphs 134 to 138 and 104 of its 1988 General Survey on Equality in Employment and Occupation, in particular, where it states "the application of measures intended to protect the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise, there is a danger, and even likelihood, that such measures entail distinctions and exclusions based on political opinion or religion, which would be contrary to the Convention".

2. In its previous direct requests, the Committee had also referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of Presidential Order No. 227/01 of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria "good conduct, living and morals" and "loyalty to the authorities and national institutions".

Noting the Government's reply that this proof of loyalty is treated in the same way as certificates of good conduct, living and morals, the issuance of which is at the discretion of the communal authority, the Committee refers back to its comments under point I of this observation. In addition, it observes that the requirement of "loyalty to the authorities and national institutions" should not be interpreted in practice in such a way as to justify any distinction, exclusion or preference based on political opinion as regards access to employment in the public service or in public enterprises. Indeed, while it is accepted under Article 1, paragraph 2, of the Convention that political opinion may be taken into account for certain senior posts directly related to the implementation of government policy, this is not the case when criteria of a political nature are laid down for all types of public employment in general or in certain other occupations, as for example, when it is stipulated that the persons concerned must formally declare themselves and show themselves faithful to the political principles of the regime in power.

Consequently, the Committee trusts that the Government will supply in its next report information on the application in practice of the provisions referred to above and, in particular, on the number of cases and the type of employment where these provisions have been used.

3. The Committee requests the Government to refer also to the request it is addressing directly to the Government on the application of other aspects of the Convention.

CMNT_TITLE

The Committee takes note of the information supplied by the Government in reply to its previous comments and also refers to its observation on the present Convention.

1. The Government indicates that the information requested on the analysis of the employment market and on vocational training and guidance is not yet available. The Committee again requests the Government in its next report to supply information on any studies which may have been conducted which would shed light on the application of the Convention (for example, statistical information concerning different categories of persons placed in employment or in programmes of vocational training and guidance).

2. The Committee notes that the recruitment procedure falling within the purview of the competent Ministry concerns only the personnel referred to in the Labour Code and asks the Government to refer also to point 3 below in this connection. The Committee also notes that the competent Ministry has liberalised the recruitment of category I personnel (labourers) and plans to do the same for categories VI and VII (middle and top management staff). It asks the Government to provide information on this matter in its next report.

3. The Committee recalls its previous comments on measures taken to ensure the effective application of the constitutional provisions prohibiting all discrimination against workers who are not covered by the relevant provisions of the Labour Code, i.e. agricultural wage earners, persons appointed under the civil service rules and persons in the liberal professions and trade. The Committee pointed out that provisions in national Constitutions prohibiting discrimination are in many cases insufficient to apply in practice the requirements of the Convention, in particular as concerns the right to appeal of workers affected by discrimination, and the designation of the authorities competent to act on these problems (see paragraphs 170 and 171 of the 1988 General Survey on Equality in Employment and Occupation). The Committee notes the Government's statement that the technical department has taken note of these comments and will pass them on immediately to the competent bodies. It therefore requests the Government to indicate in its next report the measures taken or envisaged to protect these workers in practice against discrimination in employment and occupation.

4. The Committee again refers to its observation concerning the issuance of certificates of good conduct, living and morals. It must again repeat its request to the Government to indicate how effect is given in practice to section 5 of the Legislative Decree of 19 March 1974 containing the general conditions of service of persons employed by the State and section 6 of Presidential Order No. 227/01 of 26 December 1976 containing the conditions of service of the staff of public establishments, as well as the cases in which they have been applied. These provisions include among the requirements for recruitment, in addition to good conduct, life and morals, "loyalty towards the authorities and institutions of the nation".

5. The Committee takes note of Basic Law No. 1/1985 of 25 January 1985 respecting national education, which was enclosed with the report. As regards the practical implementation of Circular Letter No. 1848/06.18/22/83 of the Ministry of Public Service and Employment concerning the engagement of female staff, the Committee notes from the Government's report that the information is not available but that the technical services have registered no further cases of discrimination on grounds of sex. The Committee requests the Government to indicate any further developments in this respect in its future reports.

CMNT_TITLE

The Committee takes note of the Government's report.

1. With reference to its previous comments, the Committee notes with satisfaction Act No. 42/1988 of 27 October 1988 setting forth the Preliminary Title and Book One of the Civil Code, section 458 of which repeals former section 122 (authorisation of the husband for all acts for which she contracts to provide a personal service) which was the subject of the Committee's comments.

2. The Committee notes that the Government's report does not reply to the other questions raised in its previous comments which read as follows:

The Committee had also noted that certificates of good conduct, living and morals, are required by the labour administration before any person begins to work for wages. It noted that these certificates are issued by the communal authority, and requested the Government to provide information on the provisions governing their issuance. It noted further that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue the certificate. In its report, the Government has indicated that the issuance of these certificates is within the discretion of the Bourgmestre of the commune of origin; it thus appears that there are no provisions or procedures governing the issuance of these certificates. The Committee therefore requests the Government to indicate in its next report the measures which it intends to take to ensure that no discrimination contrary to the Convention is practised on the community level in the issuance of these certificates.

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

The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.

CMNT_TITLE

The Committee notes the information communicated by the Government in its report, and refers to the observation it has made on this Convention.

1. The Committee notes that the government department responsible for vocational training and for supervision of employment and conditions of work, carries out studies of the employment market and on vocational training and guidance. It requests the Government to communicate with its next report information on any such studies which may have been done which would shed light on the application of the present Convention (for instance, statistical information concerning different categories of persons placed in employment or in programmes of vocational training and guidance).

2. The Committee also notes the adoption of a procedure for recruitment of staff, according to which all offers of employment are forwarded to the Minister, who then communicates them to the prospective employee. It requests the Government to indicate whether this procedure applies to all employment in all sectors of the economy (including those not covered by the Labour Code - see below), and to communicate the texts regulating this procedure. Please indicate any effect this may have had on applying the principle of non-discrimination in employment and occupation.

3. The Committee recalls that in its previous comments, it asked for information on the measures taken to ensure that the constitutional provisions prohibiting discrimination are applied to agricultural wage earners, persons appointed under the civil service rules and persons in the liberal professions and trade, who are not covered by the Labour Code. The Committee notes the statement in the report that the protection of these persons is implicit in the Constitution's prohibition of all forms of discrimination. The Committee points out, however, that provisions in national Constitutions prohibiting discrimination are in many cases insufficient to apply in practice the requirements of the present Convention, in particular as concerns the right to appeal of workers affected by discrimination, and the designation of the authorities competent to act on these problems (see paragraph 171 of the 1988 General Survey on Equality in Employment and Occupation). It therefore requests the Government to indicate in its next report any measures which have been taken or are contemplated to protect these workers in practice against discrimination in employment and occupation.

4. The Committee refers to its observation concerning the issuance of certificates of good conduct, living and morals. In the same connection, the Committee again requests the Government to indicate how effect is given in practice to section 5 of the Legislative Decree of 19 March 1974 containing the general conditions of service of persons employed by the State, and section 6 of Presidential Order No. 227/01 of 26 December 1976 containing the conditions of service of the staff of public establishments. These provisions include, among the requirements for recruitment, "loyalty towards the authorities and institutions of the nation". Please indicate in particular the number of cases in which these provisions have been invoked.

5. The Committee requests the Government to provide information in its next report on the practical implementation of Circular Letter No. 1848/06.18/22/83 of the Minister of Public Service and Employment concerning the engagement of female staff, to which it has referred previously; and to communicate a copy of the Act on National Education (Act No. 1 of 1985), which was not included with the last report.

CMNT_TITLE

In its previous direct request, the Committee had noted that section 122 of the Civil Code requires a married woman to obtain the authorisation of her husband for any legal instrument under which she must furnish a service in person. It pointed out that this constitutes a violation of the Convention through imposing restrictions on the employment of women which do not exist for men. The Government has stated in its report that there has been no change in the legislation in this respect. The Committee recalls that Article 3 (c) of the Convention requires ratifying States to "repeal any statutory provisions ... which are inconsistent with the policy" embodied in the Convention. It therefore again requests the Government to indicate in its next report the measures which it has taken or is contemplating to bring the national legislation into conformity with the Convention on this point.

The Committee had also noted that certificates of good conduct, living and morals, are required by the labour administration before any person begins to work for wages. It noted that these certificates are issued by the communal authority, and requested the Government to provide information on the provisions governing their issuance. It noted further that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue the certificate. In its report the Government has indicated that the issuance of these certificates is within the discretion of the Bourgmestre of the commune of origin; it thus appears that there are no provisions or procedures governing the issuance of these certificates. The Committee therefore requests the Government to indicate in its next report the measures which it intends to take to ensure that no discrimination contrary to the Convention is practised on the community level in the issuance of these certificates.The Committee is also raising certain points in a request addressed directly to the Government.