Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

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

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

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

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

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