Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Rwanda (Ratification: 1988)

The Committee notes the Government’s report and the entry into force of Act No. 22/2002 of 9 July 2002 establishing the conditions of service of public servants in Rwanda. The Committee also notes the comments made by the Confederation of Trade Unions of Rwanda (CESTRAR), dated 31 August 2004, the Association of Christian Trade Unions (ASC/UMURIMO), dated 4 September 2004, the Congress of Labour and Fraternity in Rwanda (COTRAF), dated 6 September 2004, and the National Council of Free Trade Unions in Rwanda (COSYLI), dated 6 September 2004.

Articles 1 and 3 of the Convention. The Committee notes that the comments made by ASC/UMURIMO and CESTRAR indicate that, although the exercise of the right to organize in general is protected by section 159 of the Labour Code, no provision lays down penalties for violations of this section. The Committee notes that, contrary to the former draft Labour Code, the final articles of the new Labour Code do not impose penalties for acts of anti-union discrimination. The Committee requests the Government to reply to these comments in its next report.

Article 2. The Committee notes the observation made by COTRAF-RWANDA that there are still no appropriate protection measures against any acts of interference by employers with regard to workers’ organizations, especially with regard to the functioning and the establishment of the latter in enterprises and establishments. Recalling that the legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference (see General Survey on freedom of association and collective bargaining, 1994, paragraph 232), and that the current Labour Code does not lay down provisions to this end, the Committee requests the Government to adopt the necessary measures for prohibiting any acts of interference by workers’ and employers’ organizations towards each other and to adopt dissuasive sanctions to this end.

Article 4. 1. In its previous comments, the Committee invited the Government to adopt measures to encourage and promote the widest possible use of voluntary negotiation procedures and of collective agreements in the country. In this regard, the Committee notes the comment by CESTRAR that no collective agreement has been concluded so far for want of measures to encourage and promote collective bargaining. Noting the Government’s observation that the process for the adoption of a draft presidential order establishing the National Labour Council, a tripartite body, is at an advanced stage, and that seminars providing training in negotiation techniques for the social partners, labour inspectors and labour administration officials have taken place, the Committee requests the Government to continue its efforts to adopt measures to encourage and promote the conclusion of collective agreements and to keep it informed in this regard.

2. With regard to the explanations that it requested concerning section 183 of the Labour Code, the Committee notes the Government’s observation to the effect that a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority, whose decisions are enforceable, by both parties or by either of them. Recalling that it considers that, apart from the public servants engaged in the administration of the State and essential services in the strict meaning of the term, arbitration imposed by the authorities at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention and thus the autonomy of the bargaining partners (see General Survey, op. cit., paragraph 257), the Committee requests the Government to amend section 183 of the Labour Code so that a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of the two parties.

Article 6. In its previous comments, the Committee requested the Government to indicate which public workers were covered by the exception laid down in section 114(4) of the Labour Code, stating that collective agreements may be concluded where staff of public enterprises and establishments are not submitted to a particular legal or regulatory status. The Committee notes the Government’s reply to the effect that the distinction laid down in section 114 of the Labour Code no longer applies since all public officials are now governed by Act No. 22/2002 of 9 July 2002 establishing the conditions of service of public servants in Rwanda. The Committee notes, however, that Act No. 22/2002 does not contain any provision concerning the right to collective bargaining.

The Committee recalls that a distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State (for example, in some countries, civil servants employed in government ministries and other comparable bodies, as well as auxiliary staff) who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see General Survey, op. cit., paragraph 200). The Committee therefore requests the Government to amend section 114 of the Labour Code so that the exclusion from the scope of the Labour Code concerning the conclusion of collective agreements does not cover categories of public servants who are not engaged in the administration of the State.