Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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

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

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

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

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