Right of Association (Agriculture) Convention, 1921 (No. 11) - Rwanda (Ratification: 1962)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. Same rights of association and combination for all those engaged in agriculture as for industrial workers. In its previous comments, the Committee had noted that Act No. 13/2009 regulating labour law in Rwanda provides in its section 3 that “the person dealing with family agricultural and commercial or industrial breeding activities shall not be subjected to the provisions of this law, except for provisions relating to health and safety at the workplace as well as to prohibitions for child labour and for pregnant or breastfeeding women”, and requested the Government to indicate legislative provisions which secure same rights of association and combination for all those engaged in agriculture, as to industrial workers. The Committee notes the Government’s indication that the revision of the labour law is ongoing and that this provision shall be amended to secure all workers engaged in agriculture the same rights of association. The Committee expects that the relevant amendments will be adopted in the near future, and requests the Government to provide information on all progress made in this respect.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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.

Repetition

Article 1 of the Convention. The same rights of association and combination for all those engaged in agriculture as for industrial workers. The Committee recalls that its previous comments concerned the exclusion of agricultural workers from the scope of the Labour Code of 1967 (section 186). The Committee noted previously the Government’s indication that, under Act No. 51/2001 of 30 December 2001 amending the Labour Code, the exclusion of agricultural workers from the scope of the Labour Code was dropped and that Act No. 51/2001 amending the Labour Code grants more explicit protection to agricultural workers.

The Committee notes the Government’s statement that section 3 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda guarantees the right of association in all sectors of activity in both the formal and informal economy. The Committee nevertheless notes that Act No. 13/2009, as published in the Official Gazette, provides in section 3 that “The person dealing with family agricultural, breeding, commercial or industrial activities shall not be subjected to the provisions of this law, except for provisions relating to health and safety at the workplace as well as to prohibitions for child labour and for pregnant or breastfeeding women”.

Recalling that, under Article 1 of the Convention, the Government undertakes to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers, the Committee requests the Government to indicate the legal provisions which ensure the application of this provision of the Convention.

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

Article 1 of the Convention. The same rights of association and combination for all those engaged in agriculture as for industrial workers. The Committee recalls that its previous comments concerned the exclusion of agricultural workers from the scope of the Labour Code of 1967 (section 186). The Committee noted previously the Government’s indication that, under Act No. 51/2001 of 30 December 2001 amending the Labour Code, the exclusion of agricultural workers from the scope of the Labour Code was dropped and that Act No. 51/2001 amending the Labour Code grants more explicit protection to agricultural workers.

The Committee notes the Government’s statement that section 3 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda guarantees the right of association in all sectors of activity in both the formal and informal economy. The Committee nevertheless notes that Act No. 13/2009, as published in the Official Gazette, provides in section 3 that “The person dealing with family agricultural, breeding, commercial or industrial activities shall not be subjected to the provisions of this law, except for provisions relating to health and safety at the workplace as well as to prohibitions for child labour and for pregnant or breastfeeding women”.

Recalling that, under Article 1 of the Convention, the Government undertakes to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers, the Committee requests the Government to indicate the legal provisions which ensure the application of this provision of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes that a copy of the new law amending the Labour Code has not been submitted for its examination.

Article 1 of the Convention (all those engaged in agriculture have the same rights of association and combination as industrial workers). The Committee recalls that its previous comments concerned the exclusion of agricultural workers from the scope of the Labour Code of 1967 (section 186). The Committee had recalled in this regard that, under the terms of Article 1 of the Convention, the Government must secure for all those engaged in agriculture the same rights of association and combination as for industrial workers.

The Committee had previously noted that, under Law No. 51/2001 of 30 December 2001 amending the Labour Code, the exclusion of agricultural workers from the scope of the Labour Code had been dropped. In this regard, the Committee had noted the Government’s indication that Law No. 51/2001 amending the Labour Code grants more explicit protection to agricultural workers. According to the Government, the provisions relating to trade unions will apply to workers in the informal sector, families that work together, and organizations in the rural sector. The Committee notes this information and requests the Government to transmit a copy of the new law amending the Labour Code as soon as it is promulgated, as well as any statistics concerning agricultural workers’ associations created after the new law had entered into force.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It notes, however, that a copy of the new law amending the Labour Code has not been submitted for its examination.

Article 1 of the Convention (all those engaged in agriculture have the same rights of association and combination as industrial workers). The Committee recalls that its previous comments concerned the exclusion of agricultural workers from the scope of the Labour Code of 1967 (section 186). The Committee had recalled in this regard that, under the terms of Article 1 of the Convention, the Government must secure for all those engaged in agriculture the same rights of association and combination as for industrial workers.

The Committee had previously noted that, under Law No. 51/2001 of 30 December 2001 amending the Labour Code, the exclusion of agricultural workers from the scope of the Labour Code had been dropped. In this regard, the Committee notes the Government’s indication that Law No. 51/2001 amending the Labour Code grants more explicit protection to agricultural workers. According to the Government, the provisions relating to trade unions will apply to workers in the informal sector, families that work together, and organizations in the rural sector. The Committee notes this information and requests the Government to transmit a copy of the new law amending the Labour Code as soon as it is promulgated, as well as any statistics concerning agricultural workers’ associations created after the new law had entered into force.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Article 1 of the Convention (all those engaged in agriculture have the same rights of association and combination as industrial workers). The Committee recalls that its previous comments concerned the exclusion of agricultural workers from the scope of the Labour Code of 1967 (section 186). The Committee had recalled in this regard that, under the terms of Article 1 of the Convention, the Government must secure to all those engaged in agriculture the same rights of association and combination as to industrial workers.

The Committee notes the Government’s indications according to which the new law amending the Labour Code has been adopted by the Transitional National Assembly in 2000, and it is currently before the Supreme Court in order to verify its constitutionality, which is a necessary step before its promulgation. The Government indicates that under the terms of section 2 of the new law, the exclusion of agricultural workers from the scope of the Labour Code has been dropped. The Committee takes note of this information with interest and asks the Government to send it a copy of the new law amending the Labour Code as soon as it is promulgated, as well as any statistics concerning agricultural organizations which may be formed once the new Code comes into force.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report.

Article 1 of the Convention (all those engaged in agriculture have the same rights of association and combination as industrial workers).  The Committee recalls that the Labour Code of 1967, section 6 of which guarantees the right of association, continues to exclude agricultural workers from its scope (section 186). The Committee underlines again that, under the terms of Article 1 of the Convention, the Government must secure to all those engaged in agriculture the same rights of association and combination as to industrial workers.

The Committee notes that the Government indicates in its report that the revision procedure of the Labour Code, which was transmitted to the Transitional National Assembly in April 1999 for examination and adoption, still has to go through two stages (the examination of the draft by the Constitutional Court and its promulgation by the President of the Republic after its adoption). The revision procedure is intended to explicitly include agricultural workers in the scope of the Labour Code and thereby guarantee them the right of association (sections 2(2) and 77 of the draft Labour Code).

The Committee notes with great concern that it has been requesting the Government since 1969 to secure to those engaged in agriculture the same rights of association and combination as industrial workers. It expresses consequently the strong hope that the Government will take all the necessary measures in the very near future to bring its legislation into conformity with the Convention.

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the information in the Government's report, especially the Bill revising the Act of 28 February 1967 issuing the Labour Code.

The Committee has commented since 1969 on section 186 of the Labour Code, which excludes agricultural workers from the scope of the Code. The Committee recalls that under Article 1 of the Convention the Government must secure for all those engaged in agriculture the same rights of association and combination as to industrial workers.

The Committee requests the Government to transmit in its next report detailed information regarding the progress of the revision of the Labour Code which includes specifically agricultural workers within its scope. It firmly hopes that the Government will take all necessary measures at an early date to make its legislation compatible with the Convention, by ensuring the same rights of association and combination for agricultural workers as for industrial workers.

[The Government is asked to report in detail in 2000.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

With reference to its comments made since 1969 relating to the exclusion of agricultural workers from the scope of the Labour Code, the Committee notes the Government's statement that the draft Legislative Decree to repeal section 186, which contains the said exclusion, was submitted to the competent authorities on 23 February 1991. Recalling the previous statement made by the Government that persons engaged in agriculture have, in practice, always enjoyed the same rights of association and combination as industrial workers, the Committee trusts that this draft Decree will be adopted in the very near future by the competent authorities in order to bring the legislation into conformity with current practice and with the Convention. It requests the Government to supply a copy of the Labour Code, as amended, once it has been adopted.

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

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report contains no new information with regard to the repeal of section 186 of the Labour Code, which excludes agricultural workers from the scope of the Code. It is therefore bound to repeat the comments that it has been making in this respect since 1969 and requests the Government to take the necessary measures in the very near future to bring the national legislation into conformity with the Convention, particularly to ensure that agricultural workers are not discriminated against in relation to industrial workers as regards rights of association and combination. It also requests the Government to supply it with a copy of the Labour Code as soon as the amendments to it have been adopted.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its comments made since 1969 relating to the exclusion of agricultural workers from the scope of the Labour Code, the Committee notes the Government's statement that the draft Legislative Decree to repeal section 186, which contains the said exclusion, was submitted to the competent authorities on 23 February 1991.

Recalling the previous statement made by the Government that persons engaged in agriculture have, in practice, always enjoyed the same rights of association and combination as industrial workers, the Committee trusts that this draft Decree will be adopted in the very near future by the competent authorities in order to bring the legislation into conformity with current practice and with the Convention. It requests the Government to supply a copy of the Labour Code, as amended, once it has been adopted.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments concerning section 186 of the Labour Code, which provides that agricultural workers shall be covered by special provisions contained in a special Act and therefore excluded from the scope of the Labour Code, the Committee notes the Government's statement that, despite section 186 of the Labour Code, those engaged in agriculture have always in practice enjoyed the same rights of association and combination as industrial workers. It notes with interest that a first-level trade union for workers in agriculture, animal rearing and forestry (the constituent by-laws of which are attached to the report) was established within the Rwandan Workers' Trade Union Confederation on 27 December 1989.

With regard to the draft Legislative Decree to revise the Labour Code, which repeals section 186, the Government states that the competent authorities have now opted for a progressive revision of the law which gives priority to urgent cases, instead of the total revision that was previously envisaged in the above draft text. The Committee points out that this draft text has been under discussion since 1978 and that there would not appear to be major difficulties in bringing the Labour Code into conformity with the Convention - and with current practice in Rwanda - and it trusts that the appropriate amendments will be made rapidly to the Labour Code in order to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers. The Committee requests the Government to supply a copy once it has been adopted.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous observations concerning developments in the adoption of a new Labour Code which would repeal current section 186 (excluding agricultural workers from the scope of the Code), the Committee notes with regret that the draft has still not been adopted.

The Committee considers that, since the right of association is generally recognised to all workers by virtue of the 1978 Constitution "under the terms defined by law" (Article 19), it would be useful for the Government to provide information as to how agricultural workers are assured the same rights of association and combination as industrial workers in practice. In particular, the Committee would request information as to the number of agricultural workers' organisations and copies of any other texts (legislation, awards or collective agreements) which govern their establishment and functioning.

It also requests the Government to inform it of the adoption of the Bill to revise the Labour Code to which the Government has referred - after an initial draft failed to receive approval in 1977 - since 1978.