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

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

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

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

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

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