Texts of pending comments

Article 1 of the Convention. National policy on the effective abolition of child labour and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication in its report that it is committed to eradicating child labour in the country and that measures have been undertaken in this regard, including:

–The establishment of Child Labour Steering Committees (CLSCs) from district to village level by Ministerial Guidelines of 17 September 2018, whose responsibilities include conducting awareness-raising campaigns, conducting inspections, and reporting child labour cases and persons who employ children in prohibited forms of work;
–The establishment of an Integrated Labour Administration System (ILAS), which aims to strengthen the management of labour administration data, including child labour. Through this system, labour inspectors and CLSCs are enabled to report child labour cases through mobile phones.

The Committee further notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the UN Committee on the Rights of the Child (CRC) of 15 January 2020, that the National Commission of Children (NCC) is implementing a project called “It takes all Rwandans to end child exploitation” in partnership with World Vision Rwanda (CRC/C/RWA/RQ/5-6, paras. 148-150). Part of its objectives is to contribute to increased protection of children from child labour and sexual abuse by 2022, through strengthened prevention measures, enhanced response mechanisms and improved resilience. The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour in the country, including within the framework of the project to end child exploitation and through the activities of the CLSCs and to provide information on the results achieved. The Committee further requests the Government to provide updated statistical information on children involved in child labour and hazardous work in the country, including the statistics collected by the ILAS.

Article 2(1). Scope of application and labour inspection. Children working in the informal economy. The Committee previously noted in its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Law Regulating Labour (2009) did not apply to the informal sector, and therefore children working in this sector did not benefit from the prohibition on child labour contained in this Law. The Committee further noted that the CRC expressed its concern at the high prevalence of child labour in rural areas particularly in the agricultural and domestic sectors, and that despite legal prohibitions, approximately 65,628 children were involved in hazardous work. The Committee noted that despite the measures undertaken to reduce child labour, including in domestic work, many girls living in poverty continued to be exploited as domestic workers, a condition in which they frequently face precarious conditions, labour exploitation, sexual abuse, violence and harassment.

The Committee notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the CRC of 15 January 2020, that administrative sanctions are provided for by the Ministerial Instructions No. 01/2017 of 17 November 2017 on the prevention and fight against child labour, which are being implemented to fight against the worst forms of child labour and hazardous work and which are particularly useful to combat child labour in the informal economy (CRC/C/RWA/RQ/5-6, para. 143). The Committee notes that, under section 14 of these Instructions, fines are provided for employers who engage children in child labour or exploitation both in the formal and informal sectors. They may also be punished, by a temporary closure of their establishment for a period ranging from seven days to one month.

The Committee further notes the Government’s information in its report that Law No. 66/2018 of 30 August 2018 regulating labour in Rwanda applies to the informal sector, including child labour in the informal economy. In accordance with section 113, the Labour Inspectorate is responsible for monitoring compliance with the Law, its implementing orders and collective agreements, as well as raising awareness and providing advice on matters relating to the laws governing labour and social security.

In this regard, in its replies to the CRC, the Government indicates that child labour inspectors have been deployed at the district level to work hand in hand with different concerned institutions such as the police in making sure that child labour cases are investigated and punished. Every year about 30 million Rwandan francs are allocated to facilitate labour inspections and investigate cases of child labour (CRC/C/RWA/RQ/5-6, para. 146). The Committee welcomes the measures taken by the Government and encourages it to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly in the agricultural sector and domestic service. In this regard, the Committee also requests the Government to provide information on the data gathered by the labour inspection concerning child labour, including statistical information on the number and nature of reported violations, and the penalties imposed in the event of violations, in application of both Ministerial Instructions No. 01/2017 and Law No. 66/2018.

Article 7(1) and (3). Light work and determination of light work activities. The Committee notes that, according to section 5 of Law No. 66/2018, a child aged 13 to 15 years is allowed to perform light work in the context of apprenticeships. The Committee notes that article 3(26) of the law defines light work as “work which cannot have a detrimental effect of child’s health, child development and child’s education or other aspects of child’s life interest”. Moreover, the Ministerial Instructions No. 07/2017 provide that children aged 13 to 15 years may perform light work and establishes a list of types of light work that these children may engage in (sections 7 and 8). However, the Committee notes that section 8 adds that light work activities must not exceed 40 hours per week.

The Committee draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee is of the view that authorizing children from the age of 13 to carry out work for up to 40 hours per week, as allowed by the Ministerial Instructions No. 07/2017, may affect their attendance at school and reduce the time needed for homework related to their education, as well as their period for rest and leisure. This could also have a negative impact on the children’s physical and mental development. The Committee therefore considers that the number of hours set out in section 8 do not meet the conditions for carrying out light work activities, in line with paragraphs 1 and 3 of Article 7 of the Convention. The Committee requests the Government to take the necessary measures to determine a number of hours which constitutes light work that is in line with Article 7(1) and (3) of the Convention, in both Ministerial Order No. 07/2017 and Law No. 66/2018. It requests the Government to provide information on progress made in this regard in its next report.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking. The Committee welcomes the adoption of Law No. 51/2018 of 13 August 2018 relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others, which, among other things, penalizes both the offence of trafficking in persons and the promotion and facilitation of trafficking in persons (sections 18 and 19). Where the offences are committed against a child, the penalty is life imprisonment and a fine of not less than 15 million and not more than 20 million Rwandan francs (section 20).

In this regard, the Committee notes that, in its concluding observations of 21 October 2021, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) noted the efforts of Rwanda to combat trafficking in persons by increasing the conviction rates of perpetrators from 12.5 per cent in 2016 to 53.3 per cent in 2018. However, the CMW expressed its concern about the challenges in evidence-gathering as one of the main causes of the low conviction rate for the crime of trafficking in persons as compared with other crimes, and the scarce quantitative data related to trafficking in persons (CMW/C/RWA/CO/2, para. 53). The Committee requests the Government to supply information on the application of sections 18, 19 and 20 of Law No. 51/2018 in practice, including, in particular, statistics on the number of investigations, prosecutions, convictions and penalties imposed.

2. Commercial sexual exploitation. The Committee previously took note of the measures taken by the Government for the prevention and elimination of commercial sexual exploitation, but took note also of the increase of trafficking in adolescent girls for purposes of sexual exploitation under the pretext of offering them opportunities to study or work abroad and the relatively low number of prosecutions and convictions of traffickers due to insufficient resources allocated to law enforcement.

The Committee notes the Government’s information in its report regarding Rwanda’s legal framework protecting children against all forms of sexual exploitation, including commercial sexual exploitation. Law No. 51/2018 of 13 August 2018 punishes any person convicted of any of the acts constituting sexual exploitation (defined under section 3(2º) of the Law) with imprisonment for a term of not less than 3 years and not more than 5 years and a fine of not less than 3 million and not more than 5 million Rwandan francs. Where the acts are committed against a child, the offender is liable to life imprisonment and a fine of not less than 10 million and not more than fifteen million Rwandan francs (section 24 of the Law). The Committee once again requests the Government to take the necessary measures to protect children against commercial sexual exploitation, particularly by strengthening the capacity of the law enforcement bodies, including by means of allocating enough resources to this end, to enable them to carry out thorough investigations and prosecutions. In this regard, it requests the Government to provide information on the measures taken and the results achieved, including statistics on the number of investigations, prosecutions, convictions and penalties imposed in application of section 24 of Law No. 51/2018.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Access to free basic education and special situation of girls. The Committee previously took due note of the increase in the enrolment rates of girls at the secondary level but requested the Government to enhance its efforts to reduce the drop-out rates.

The Committee notes the Government’s statement that girls’ education in Rwanda is a central component of strategies to ensure that there is inclusive basic education for all. The Committee takes note of the detailed information provided by the Government on the measures taken in this regard, in particular: (i) the Special Needs and Inclusive Education Policy and its Strategic plan (SNIEP) (2018/19–2023/24), adopted in October 2018, which puts in place coordinated and appropriately resourced special needs and inclusive education services; (ii) the National Girls’ Education Policy and its strategic plan, the Education Sector Strategic Plan (ESSP) 2018/19–2023/24, which commit to promoting access to education at all levels, improving the quality of education and training as well ensuring that the disadvantaged groups have access to meaningful learning opportunities. As result of policy implementation alongside other programmes in the education sector, the status of girls’ education has improved at primary, secondary, and tertiary levels of education, and gender parity has been stable at primary and secondary levels.

The Committee notes that, in its reply to the list of issues in relation to its combined fifth and sixth reports to the UN Committee on the Rights of the Child (CRC) of 15 January 2020, the Government indicates that access to education has experienced good achievements, particularly at the primary level, but that repetition and drop-out rates continue to be a big challenge (CRC/C/RWA/RQ/5-6, paras. 17, 21). In its concluding observations of 28 February 2020, the CRC, while commending the Government for the high primary school enrolment rates and welcoming the adoption of the education sector strategic plan, expresses its deep concern about the low secondary school enrolment rates (CRC/C/RWA/CO/5-6, para. 38). Welcoming the progress made to improve access to primary education, the Committee encourages the Government to continue its efforts, in order to ensure that all children have access to free basic education, with special attention to girls in lower secondary education, and to reduce school drop-out rates. The Committee requests the Government to continue to provide information on the measures adopted and the results achieved in this regard, including within the framework of the ESSP 2018/19–2023/24 and the SNIEP (2018/19–2023/24).

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Commercial sexual exploitation. The Committee previously noted that, despite the efforts of the Government, children were still exploited in prostitution, and that orphans, children from poor areas and child domestic workers might be particularly vulnerable to becoming engaged in this worst form of child labour. The Committee requested the Government to take the necessary measures to ensure the removal, rehabilitation and social integration of children involved in commercial sexual exploitation.

The Committee notes the Government’s information that Rwanda has established the Isange One Stop Centres, which provide victims of sexual exploitation – including children – with shelter, medical treatment, psychosocial counselling and medical/legal aid under one roof, so as to avoid re-victimization. These centres are currently operational in 44 hospitals countrywide. Moreover, the Ministry of Gender and Family Promotion of Rwanda earmarked funds to all 30 districts to ensure the effective reintegration of victims of gender-based violence, child abuse and human trafficking. The Committee requests the Government to pursue its efforts to provide the necessary direct assistance to child victims of commercial sexual exploitation, and to ensure their rehabilitation and social integration. It further requests the Government to provide information on the number of persons under the age of 18 who have thus benefited from rehabilitation and social integration assistance.

2. Child soldiers. The Committee previously noted that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) had been reintegrated into society by the Rwanda Demobilization and Reintegration Programme (RDRP). The Committee further noted that gender-sensitive measures were employed through the RDRP regarding female ex-combatants. It therefore requested the Government to continue taking the necessary gender-sensitive measures to identify and socially integrate children, particularly girls who are affected by armed conflict within the framework of the disarmament, demobilization and reintegration process.

The Committee notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the CRC of 15 January 2020, that the RDRC continues to collaborate with MONUSCO, which is in charge of disarming members of armed groups in the DRC, after which MONUSCO shares information with RDRC for the repatriation process of withdrawn children. Returnees are thus given national identity cards; enrolled in formal education and in various vocational skills; assisted to set up income-generating activities; enrolled in the National health care scheme known as mutuelle de santé; and given access to their land. The Government indicates that the Rwanda Demobilization and Reintegration Commission (RDRC) has so far demobilized 985 former child soldiers, including two girls (CRC/C/RWA/RQ/5-6, para. 190). The Committee encourages the Government to continue its efforts and its collaboration with the MONUSCO in order remove children under 18 from the armed groups and ensure they receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever appropriate. It requests the Government to supply information on the results achieved in its next report, as well as the latest annual report of the RDRC.

Clause (d). Children at special risk. 1. HIV/AIDS orphans and other vulnerable children (OVCs). Following its previous comments, the Committee takes note of the Government’s statement that it is devoted to continuing to support HIV/AIDS orphans and OVCs in all spheres of life, which will ultimately shield them from child labour and other abuse. The Government indicates that, under the OVC program, partners have continued to implement case management models, whereby programme beneficiaries are provided with a broad range of services in accordance with their needs as identified in their household and individual care plans. The services offered to OVCs include: (i) care and support for people living with HIV; (ii) household economic strengthening actions (loans and savings groups, cooperatives, (iii) income generating activities or conditional household grants, as appropriate); (iv) work readiness education for youth to prepare them for employment and business opportunities; and (v) education support (primary and secondary school and market-based technical and vocational education and training – TVET). Other support provided to OVCs includes early childhood development (ECD) services for children under six years of age and their caregivers; child protection; home visits and linkages to other forms of support; and health promotion services, including referrals to health-related services that respond to beneficiaries’ unique needs in health, food security, nutrition, and water, sanitation and hygiene (WASH), gender-based violence (GBV) prevention and response, and HIV prevention and care. As appropriate, beneficiaries and community caregivers also received psychosocial support services and family planning messaging.

The Committee notes, however, that according to the 2020 estimates of UNAIDS, there are about 90,000 orphans aged 0 to 17 due to HIV/AIDS, compared with 70,000 in 2015. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee once again encourages the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are protected from the worst forms of child labour.The Committee once again requests the Government to provide information on the results achieved in this regard in terms of number of OVCs who have benefited from these efforts.

2. Refugee children. Previously taking note of the increase in cases of child victims of trafficking, particularly refugee children, to the other East African countries and other destinations where they were exposed to forced agricultural and industrial labour, domestic work and prostitution, the Committee requested the Government to take effective and time-bound measures to protect refugee children, especially girls, from the worst forms of child labour.

The Committee notes the Government’s information that the Ministry in charge of Emergency Management has put in place mechanisms to prevent human trafficking and child labour in all refugee settings. In all refugee camps, there are specific implementing partners that closely ensure day-today prevention and mitigation of child labour and trafficking. They work closely with security organs whenever there is a suspect case to proactively anticipate and handle it in due course. The Government indicates that, so far, no case of child trafficking was identified in any refugee camp, but that awareness campaigns are regularly taking place within refugee settings and surrounding host communities.

The Committee notes that, in its concluding observations of 21 October 2021, the CMW, while noting the efforts of Rwanda to combat trafficking in persons, expresses concern about the limited knowledge about trafficking in persons in the country, including among local leaders, teachers, young people, the border community, refugees, implementing partners in refugee camps and the community in general (CMW/C/RWA/CO/2, para. 53). The Committee therefore requests the Government to continue its efforts to ensure that refugee children, particularly girls, are protected from the worst forms of child labour, including through intensified awareness-raising. The Committee requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.

Articles 1 and 3 of the Convention. Development and implementation of an active employment policy. Consultation with the social partners. The Committee notes with interest the adoption on 7 June 2019 of the Revised National Employment Policy (RNEP) for the period of 2019–2024, as well as the series of measures taken by the Government to promote the objectives of the Convention. The Government indicates that the RNEP was developed through the coordination of the Ministry of Public Service and Labour (MIFOTRA) in consultation with other key government institutions, the tripartite National Labour Council (NLC), the Private Sector Federation and the Rwanda Workers’ Trade Union Confederation (CESTRAR), as well as other stakeholders, such as representatives of persons with disabilities, youth and women, with technical support from the ILO. The Committee further notes that the RNEP passed through the tripartite National Labour Council following its validation at the technical level. The RNEP provides guidance to achieve the targets established by the National Transformation Strategy (NTS) of creating 1.5 million decent and productive jobs by 2024, as established by the National Strategy for Transformation 2017-2024 (NST 1). The Government indicates in its report that, under the RNEP, the coordination mechanisms for all stakeholders involved in job creation will be strengthened through joint planning and implementation. Monitoring and evaluation will also be strengthened through periodic labour force surveys. The Government refers to the establishment of the Kigali Employment Service Centre, indicating that, as of June 2017, 1,404 persons had obtained employment through the Centre, including permanent or temporary employment, internships or self-employment opportunities, of which 457 (33 per cent) were women and 947 (67 per cent) were men. The Committee requests the Government to provide updated detailed information, including statistical data disaggregated by sex and age, on the nature and impact of measures taken to implement the Revised National Employment Policy. It also requests the Government to provide further information on the activities and impact of the National Employment Agency and the Kigali Employment Service Centre in relation to promoting access to sustainable employment and decent work, particularly in relation to disadvantaged groups, including women, young persons, persons with disabilities, and those working in the informal economy. The Committee further requests the Government to provide additional information on the consultations held with the social partners as well as the representatives of persons affected by the employment measures to be taken.

Article 2. Collection and analysis of statistics. The Committee previously requested the Government to provide information on progress made in relation to the collection and compilation of labour statistics through a labour force survey. The Committee notes that the Rwanda Labour Force Survey was launched in 2016 with an annual sample spread into two rounds to provide bi-annual estimates of main labour market indicators at the national level. From February 2019, the sample was spread into four rounds to provide relevant estimates on quarterly basis. According to the 2020 Annual Report of the Labour Force Survey, the employment to population ratio was 46.3 per cent, the highest since 2017. In 2020, this ratio was higher among men (55.2 per cent) compared to women (38.5 per cent), and higher among adults (49.5 per cent) than among young persons aged 16 to 30 (42.6 per cent). The unemployment rate rose to 17.9 per cent in 2020, largely due to the effects of the COVID-19 pandemic on the labour market, up from 15.2 per cent in 2019. Unemployment rates in 2020 were higher among women (20.3 per cent) than men (15.9 per cent) and higher among young people (22.4 per cent) than adults (14.1 per cent). The Committee requests the Government to continue to provide updated detailed information on the situation and trends of labour force participation, employment, unemployment and underemployment, disaggregated by age, sex and urban/rural areas.

Education and training programmes. The Government indicates that the Workforce Development Authority (WDA) continues to operate as an institutional framework to provide a strategic response to skills development challenges in all sectors of the economy. The Government reports that 16 technical vocational education and training (TVET) polytechnics have been established. In addition, the number of TVET schools in the country increased from 402 in 2017 to 409 in 2018. In 2017, there were 107, 501 students enrolled in the TVET schools (65, 327 men and 42,174 women). The Government also reports that, to address existing skills development challenges, the Skills Development Fund implemented by the WDA through the National Employment Program structures delivered Short-Term Massive Vocational Training (MVT) and Rapid Response Training (RRT), focusing on women and youth. The Government indicates that a few months after completing the training, 54.7 per cent of Skills Development Fund graduates were employed, while 45.3 per cent were still looking for jobs. The Government further indicates that the Skills Development Fund II has been launched. Its objective is to minimize skills gaps experienced by private business operators by increasing the supply of skills in high demand in the labour market and providing new entrants with needed skills in selected sectors, including energy, transport and logistics, and manufacturing. The Committee also notes that the National Skills Development and Employment Promotion Strategy for 2019–2024 focuses on the upskilling needs of investing companies through the Skills Development Fund, while addressing its shortcomings, such as insufficient private sector engagement and weak accountability. Noting the adoption of the National Skills Development and Employment Promotion Strategy (2019–2024), the Committee requests the Government to provide updated detailed information on the nature of the activities carried out by the Workforce Development Authority and their results in terms of coordinating education and vocational training measures with prospective employment opportunities. The Government is also requested to provide detailed information on the impact of the various training and income-generating activities and funding programmes in Rwanda, including statistical data, disaggregated by age and sex, on the number of women and men who have benefited from these programmes and accessed full, productive, freely chosen and lasting employment. The Committee further requests the Government to communicate information on the activities and impact of the Skills Development Fund II and the results achieved.

Youth employment. The Committee notes the Government’s indication that it has put in place measures to support young persons and graduates, particularly through the National Employment Program (2014–2019) and the workplace learning policy, to help them acquire skills needed in the labour market. The Government also provides graduates with vocational training and assists them to support their self-employment. The Committee notes that young persons are helped to form cooperatives and provided with start-up toolkits to begin operating in Integrated Craft Production Centres (ICPCs). During 2016 and 2017, 25,872 young persons and women received support in entrepreneurship, business development, business coaching and access to start-up loans for self-employment. During the same period, 18,945 young people received training in short-term vocational training programmes, industrial-based training and reconversion programmes. The Committee also notes the adoption of the Private Sector Development and Youth Employment Strategy (2018–2024). To enhance youth employment, the Strategy focuses on, among other measures, promoting workplace readiness programmes, including internships, mentorships and on-the-job training, as well as on providing opportunities for greater involvement of youth in entrepreneurship and job creation. Noting the increase in the unemployment rates of young women and men in 2020 in the context of the COVID-19 pandemic, the Committee encourages the Government to strengthen its efforts to tackle youth unemployment and to promote the long-term integration of young persons in the labour market, paying special attention to the employment of young women, and to provide information on progress made or results achieved in this regard. The Committee also requests the Government to provide detailed information on the impact of measures adopted to promote youth employment, in the framework of the National Employment Program (2014 – 2019), the Private Sector Development and Youth Employment Strategy (2018 – 2024), and the Integrated Craft Production Centres.

Persons with disabilities. The Committee notes that the RNEP provides for the adoption of measures to empower persons with disabilities and promote their employment, including advocating for skills development and special infrastructure provision for persons with disabilities, to enable them to be more productive at work, conducting a study of feasible incentives to promote employment for persons with disabilities and facilitating access to finance for persons with disabilities business starters. The Committee notes that, in its concluding observations of 3 May 2019, the UN Committee on the Rights of Persons with Disabilities (CRPD) expressed concern with respect to: (a) the low rate of employment among persons with disabilities – at 56 per cent according to the fourth Rwanda Population and Housing Census (2012), 77 per cent of whom are in the informal sector – where women and youth with disabilities are concentrated; (b) systematic barriers and discrimination against persons with disabilities in the recruitment process and in the workplace, including lack of reasonable accommodation, lack of accessible workplaces and of accessible and affordable public transport; and (c) the lack of vocational training opportunities to enable persons with disabilities to gain access to employment (document CRPD/C/RWA/CO/1, paragraph 49). The Committee requests the Government to provide detailed updated information on the nature and impact of measures taken to promote the employment of workers with disabilities on the open labour market as well as to facilitate their transition from the informal to the formal economy, particularly youth and women with disabilities, including those measures adopted in the framework of the RNEP.

Informal economy. The Government reports that it has implemented various strategies to facilitate formalization, including incentives to encourage informal small and medium-size enterprises (SMEs) toward formalization, supporting young persons and women in the informal economy to become entrepreneurs and improving the legal framework. The Government also reports that it has established business development advisory services, Community Processing Centres and Integrated Craft Production Centres to provide hands-on skills and access to start-up equipment for self-employment. The Committee notes that, according to the results of recent labour force surveys conducted from 2017 through 2019, the percentage of informal employment rate is decreasing slightly, but remains high at 89.5 per cent in 2019. The RNEP sets out strategies to facilitate the formalization of informal economy, taking account of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee requests the Government to continue to provide detailed information, including statistical data, on the impact of the programmes and measures implemented to facilitate the transition of workers from the informal to the formal economy, including workers belonging to disadvantaged groups, such as women, young persons and persons with disabilities, and within the framework of the Revised National Employment Policy (2017–2024).

The Committee takes note of the Government’s first report.

Articles 1, 2 and 5 of the Convention. Scope of application. The Committee notes the Government’s indication that article 3 of Law No. 66/2018 of 30 August 2018 regulating Labour in Rwanda provides that a “collective agreement” means a written agreement relating to employment conditions or any other mutual interests between employees’ organizations or employees’ representatives where there are no such employees’ organizations on the one hand, and one or more employers or employers’ organizations, on the other hand. The same provision defines “employees’ organizations” as trade unions, federations of trade unions and employees’ confederations. The Committee wishes to stress that: (i) according to its Article 2, the Convention covers the negotiations carried out by all workers’ organizations – and not only employees’ organizations; and (ii) according to its Article 5(2)(a), collective bargaining should be made possible for all employers and all groups of workers in the branches of activity covered by this Convention. As a result, the recognition of the right to collective bargaining is wide-ranging in scope and should cover all workers, irrespective of their contractual status and should for instance include the self-employed. The Committee therefore requests the Government to provide information on how the right to collective bargaining is recognized to all categories of workers, irrespective of their contractual status. As this issue also falls within the scope of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government is invited to include the requested information in its next report on the application of Convention No. 98.

Collective bargaining in the public service. The Committee notes that article 49 of Law No. 017/2020 of 7 October 2020, establishing the General Statute governing public servants, recognizes the right of public servants to join the union of their own choosing. The Committee notes, however, that Law No. 017/2020 does not explicitly refer to collective bargaining mechanisms. The Committee highlights in this respect that, as a result of its articles 1.1 and 1.3, the Convention also applies to the public service and that, as a consequence, civil servants and public employees should also be able to collectively negotiate their working conditions and terms of employment. The Committee therefore requests the Government to provide information on the legal provisions and mechanisms that enable the civil servants to exercise their right to collective bargaining. The Committee further requests the Government to provide information in its next report on any collective negotiations held in the public service.

Article 3. Collective bargaining agents. The Committee observes that according to article 3 of the Labour Law above-mentioned, the elected representatives of workers may conclude collective labour agreements in the absence of trade union organizations. The Committee notes that this provision is in line with Article 3 of the Convention, as well as with Paragraph 2(1) of the Collective Agreements Recommendation, 1951 (No. 91). Recalling that under Article 3(2) of the Convention, when collective bargaining also includes negotiations with elected workers’ representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of these representatives is not used to undermine the position of the workers’ organizations concerned, the Committee requests the Government to inform about the number of collective agreements concluded by trade unions’ organizations and elected workers’ representatives respectively. As these issues also fall within the scope of Convention No. 98, the Government is invited to include the requested information in its next report on the application of the referred Convention.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF–RWANDA) on the application of the Convention, received in 2018.

Articles 1 and 3(2) of the Convention. Minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. Further to its previous comments requesting the Government to take all necessary steps in order to accelerate the process of determining – in consultation with employers’ and workers’ organizations – minimum wage rates, the Committee notes that, despite the Government’s previous indications that a draft law determining minimum wage rates was pending adoption, the Government once again refers in its report to a 2015 study on the matter and to ongoing consultations. The Government also refers to legislative revisions under way. The Committee notes that COTRAF–RWANDA emphasizes that there is still no appropriate minimum wage-adjusting mechanism in place to respond to the rising cost of living and inflation in the country. In this respect, the Committee notes the adoption of Act No. 66/18 of 30 August 2018 issuing the labour regulations of Rwanda (Labour Code), section 68 of which provides for the determination of the minimum wage through a decree issued by the competent minister. The Committee also notes that the National Labour Council is responsible for proposing, or issuing an opinion on, the determination and adjustment of minimum wage rates, under section 3 of Decree No. 125/03 of 25 October 2010. The Committee notes with regret, however, that according to information available, the new minimum wage rates have still not been determined and recalls that the last adjustment to these rates was in 1980. The Committee expresses the firm hope that the ministerial decree determining the minimum wage under section 68 of the new Labour Code will be adopted promptly, and requests the Government to take all necessary measures in this regard. In addition, it requests the Government to provide detailed information on the consultations held in this regard, including on the role played by the National Labour Council. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

Article 4. Sanctions. The Committee notes that the Labour Code does not provide for sanctions in the case of non-respect of the provisions of national legislation concerning the minimum wage. The Committee requests the Government to ensure that the determination of the minimum wage rates will be coupled with the implementation of a system of sanctions in order to ensure that the wages actually paid are not lower than the minimum rates determined; and to provide information in this regard.

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

The Committee notes with concern 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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee previously noted that the revised Penal Code (Law No. 01/2012/OL of 2 May 2012) includes provisions criminalizing trafficking in persons and establishes penalties of seven to ten years of imprisonment and a fine for internal trafficking, and up to 15 years of imprisonment and a fine for transnational trafficking, under sections 250–263. The Committee also noted that the first Annual Inter-ministerial National Consultative Forum on human trafficking, drug abuse and gender-based violence was held in Parliament in October 2014 which adopted a National Action Plan (NAP) to Combat Trafficking effective until 2016.

The Committee notes the Government’s information in its report that the Penal Code is under review, including provisions related to human trafficking. Moreover, a special law on human trafficking is at the drafting stage, aimed at addressing the prevention and punishment of trafficking, as well as the protection of victims. The Committee also notes that the National Prosecution Bureau has filed 14 cases to the courts, of which eight persons were convicted and received penalties of up to ten years’ imprisonment. Moreover, the Government has established the Law Enforcement Academy and developed a training manual for both authorities and the public. Since 2015, 39 prosecutors and 34 judicial officers have received training on human trafficking. The Committee further notes that a Special Unit on Human Trafficking was established and that the police services have been extended to remote areas through the mobile police station and the Mobile Isange One Stop Centre. The Government has also enhanced information-sharing between the national police and the Immigration Bureau, and organized several meetings at regional and international levels within the framework of the East African Community (EAC), the Eastern Africa Police Chiefs Cooperation Organization (EAPCCO) and the International Criminal Police Organization (Interpol). However, the Committee notes that the UN Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed its concern in its concluding observations of 9 March 2017, at the relatively low number of prosecutions and conviction of traffickers, inter alia because of insufficient resources allocated to law enforcement (CEDAW/C/RWA/CO/7-9, paragraph 26). The Committee therefore requests the Government to pursue its efforts to strengthen the capacity of the law enforcement authorities, including police officers, prosecutors and judges, particularly by providing appropriate training and allocating sufficient resources. The Committee also requests the Government to continue providing information on the application in practice of sections 250–263 of the Penal Code criminalizing trafficking in persons, including on the number of convictions and specific penalties applied. Noting the NAP 2014–16 has ended, the Committee requests the Government to provide information on the results achieved through the application of the NAP, and to indicate whether it will be renewed for a second phase.

2. Punishment of vagrancy. The Committee previously noted that the revised Penal Code limits, under section 687, the punishment of vagrancy to cases that impair public order. The Committee requested the Government to indicate the status of the previous regulations according to which the mere fact of living as a vagrant was punishable by a period “at the disposal” of the Government during which work was compulsory. The Government indicated that Presidential Order No. 234/06 of 21 October 1975, establishing rehabilitation and production centres for vagrant people had become obsolete. The Committee requested the Government to confirm that the rehabilitation and production centres were closed.

The Committee notes the Government’s information that the Presidential Order No. 234/06 of 21 October 1975 has been repealed by Law No. 01/2012 of 2 May 2012 instituting the Penal Code. However, the Government indicates that the rehabilitation and production centres are still in operation so that the vagrants and beggars are helped and re-integrated in their families and benefit from re education and social services. The Committee also notes that, pursuant to section 687 of the Penal Code, four cases of vagrancy were prosecuted by the National Public Prosecution Authority. The Committee therefore requests the Government to indicate whether vagrants and beggars admitted at the rehabilitation and production centre are required to perform work or participate in production activities.

3. Freedom of career members of the armed forces to leave their employment. The Committee previously noted that, according to section 85 of Presidential Order No.72/01 of 8 July 2002 establishing the army general statute, the member of the armed forces has to submit a written application for resignation to the competent authority which has 90 days to issue a decision and if the authority does not issue a decision within this time limit, the resignation is deemed to have been accepted. The Committee requested the Government to ensure that in practice the competent authorities cannot refuse the resignation of career members of the armed forces within a reasonable period. The Committee asked the Government to indicate the number of applications to resign submitted by military staff that have been refused, indicating the grounds of the refusal.

The Committee notes the Government’s information that section 87 of Presidential Order No. 32/01 of 3 September 2012, establishing the special statute of the Defence Forces, addresses the procedures governing the applications for cessation of services, which also provides for 90 days for the competent authority to handle the request. The Government also indicates that all applications for cessation of service in the armed forces were granted.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prison labour. The Committee previously noted that prison work may be carried out for the benefit of private bodies and that, according to Law No. 34/2010 on the establishment, functioning and organization of Rwanda Correctional Service, a prisoner may be requested or can himself/herself request to perform work, but he/she cannot be forced to perform work. Besides, if such activities are income-generating, 10 per cent of the person’s earnings is allocated to him/her and strict compliance is required to respect occupational health and safety and social security provisions of the labour law. The Committee requested the Government to provide samples of agreements concluded between prison authorities and private companies using prison labour.

The Committee notes the Government’s indication that when the consent of a prisoner is provided or the permission is granted by the competent authority upon the request of a prisoner to perform work, the concerned prisoner shall not be forced to work beyond his/her capacity or perform work that degrades him/her. The Government also indicates that the prisoner may appeal to the Commissioner if his/her consent is not respected. The case may also be referred to the public procuratorate under the Penal Code. The Committee also notes that prisoners are allocated one day off per week and sufficient time for education and other activities as part of the treatment and rehabilitation.

The Committee recalls that, by virtue of Article 2(2)(c) of the Convention, compulsory labour of convicted persons is excluded from the scope of the Convention, only if it is “carried out under the supervision and control of a public authority” and that such persons are not “hired to or placed at the disposal of private individuals, companies or associations”, regardless of the purpose or the nature of the work undertaken. The Committee once again recalls that work by prisoners for private enterprises can be held compatible with the Convention only where the necessary safeguards exist to ensure that such work is not compulsory, but is carried out with the formal, informed and freely given consent of the person concerned, and that the conditions of such work approximate those of a free labour relationship. The Committee finally notes that samples of agreements concluded between prison authorities and private companies using prison labour are not attached to the report, as indicated in the Government’s report. The Committee requests the Government to specify the manner in which the prisoners formally give their free, formal and informed consent to work for private enterprises, in practice. The Committee once again requests the Government to provide samples of agreements concluded between prison authorities and private companies using prison labour.

2. Sentence involving the performance of community work. The Committee previously noted section 48 of the Penal Code providing for community service as an alternative penalty to imprisonment (Travaux d’Intérêt Général, TIG) when an offence is punishable by a term of imprisonment of up to five years. Community service can also be imposed in case of failure to comply with the court’s orders or to pay the whole debt arising from an offence (sections 48 and 49 of the Penal Code). The Committee also noted that, under article 56 of Law No. 34/2010, a person under TIG shall enjoy all rights of the prisoners provided for by the law.

The Committee notes the Government’s information that, according to section 32 of the Presidential Order No. 10/01 of 7 March 2005 determining the modalities of implementation of community service, the community service is carried out three days per week, on the request by the host institution and with the consent of the convict. The Government also indicates that persons working under TIG are obliged to perform activities such as tree planting, renovation of bridges, construction of schools, building houses for victims of the genocide, cleaning the community and so on.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee had been drawing the Government’s attention to the fact that sections 2(2), 3 and 13 of Act No. 53/2007 of 17 November 2007 on community work, go well beyond the exception allowed in Article 2(2)(e) of the Convention for minor communal services. The Committee noted that pursuant to sections 2 and 3, community work shall aim to promote development activities in the framework of supporting the national budget and that every Rwandan from 18 to 65 years old shall have the obligation to perform community works. Its section 4 provides that community work shall take place on the last Saturday of every month from 8 a.m. and shall last at least for three hours. The community work is unpaid (section 5) and persons who fail to participate without justified reasons are punishable by a fine not exceeding 5,000 Rwandan francs (section 13). The Government indicated that the participation in community work should be considered as minor services because it gives minimum contribution to the community itself without considering benefits to a few specific groups. The Committee requested the Government to indicate the type of work carried out under community services.

The Committee notes the absence of new information in the Government’s report. However, the Committee notes that, according to a report of the Rwanda Governance Board in 2017, the community services, referred to as Umuganda, involved about 91.3 per cent of the Rwandan population in 2015–16. The report also indicates that Umuganda has mainly contributed to environment protection through erosion control, tree planting, and cleaning, as well as to developing, building and maintaining different infrastructure, including the construction of roads, houses for vulnerable people, public offices, health centres and schools. For example, from 2009 to 2013, the estimated monetary value of community work attained 61.9 per cent of the total cost for the construction of classrooms, while the Government’s contribution only accounted for 36.62 per cent. The Committee therefore once again recalls that minor communal services may be excluded from the scope of the Convention only if certain criteria are met and that, inter alia, the services must be “minor services”, that is, relating primarily to maintenance work and, in exceptional cases, to the erection of certain buildings intended to improve the social conditions of the population of the community itself. Noting that the large-scale participation in Umuganda is compulsory and that the infrastructure construction is one of the main activities, the Committee requests the Government to take the necessary measures in order to ensure that community services are limited to “minor services”, which constitute an exception to forced labour as provided for in the Convention.

Article 25. Penal sanctions for the exaction of forced labour. The Committee previously noted that, under section 167 of Act No. 13/2009 of 25 May 2009, issuing regulations on labour in Rwanda, anyone convicted of forced labour is liable to a prison term of three months to five years, a fine, or one of these penalties. The Committee further noted that the revised Penal Code includes provisions criminalizing forced labour and establishes penalties ranging from six months to two years of imprisonment and a fine, or one of these penalties, under section 178. Noting that the provision of the revised Penal Code provides for sanctions of imprisonment which are lower than the sanctions provided under section 167 of the abovementioned Act No. 13/2009, and that according to both provisions forced labour may be punished only with a fine, the Committee recalled that under Article 25 of the Convention, penal sanctions imposed by law for exaction of forced labour must be really adequate and strictly enforced.

The Committee notes the Government’s information that, in the ongoing process of labour law review, the sanctions for forced labour are proposed to be removed and integrated into the Penal Code, which is also under review. The Government indicates that the revised sanctions provided under the Penal Code will be adequate. The Committee also notes that in collaboration with different stakeholders, the Government has organized training for labour inspectors and social partners to enforce the labour law and its implementing orders. The Committee therefore requests the Government to take the necessary measures to ensure that the sanctions provided under the revised Penal Code for the exaction of forced labour are really adequate, and to provide a copy of the revised law once adopted.

The Committee notes with concern 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

The Committee notes that the Government’s report contains no reply to its previous comments.

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. Statistics. The Government reiterates that the labour force survey has not been carried out and that a statistical framework relating to gender and gender indicators has been drawn up in four sectors of activity providing a basis for the assessment of the gender wage gap. The Committee recalls that, in order to be able to address appropriately discrimination and unequal pay, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (see 2012 General Survey on the fundamental Conventions, paragraph 869). The Committee requests the Government to provide the statistical information gathered to assess pay levels for men and women and the gender pay gap and any analysis thereof, at least, with respect to the four sectors for which gender indicators have been drawn up.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that progress has been made in setting up minimum wages free from gender bias on the basis of the principle of work of equal value in the draft Ministerial Order determining minimum wage which was approved through tripartite consultations. Noting that the Government indicates that the draft Ministerial Order is awaiting approval by the competent authority, the Committee asks the Government to supply information on progress made in the process of fixing the minimum wage and to send a copy of any legal texts adopted in this respect.

Collective agreements. The Committee recalls that collective bargaining has been identified as an important factor in reducing the gender pay gap, and can, therefore, be key in the implementation of the Convention (see 2012 General Survey, paragraph 662). The Committee, once again, asks the Government to supply information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. It also requests the Government to provide extracts of collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. Noting that the extracts from reports of the labour inspectorate were not attached to the Government’s report, the Committee once again asks the Government to provide information on the promotional and enforcement activities of the labour inspectorate with respect to the principle of equal pay for men and women for work of equal value. The Committee also requests the Government to provide specific information on the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF-RWANDA) received on 24 June 2018. The Committee requests the Government to provide its comments in this respect.

Articles 1(b) and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow to fully implement the principle of the Convention. It also recalls that this law does not contain any substantial provisions prescribing equal remuneration for men and women for work of equal value and the Constitution only refers to “the right to equal wage for equal work”. The Committee notes that the Government continues to repeat that, in practice, there is no discrimination between men and women with regard to remuneration, and that full legislative expression will be given to the principle of equal remuneration for men and women for work of equal value in the ongoing revision process of Law No. 13/2009. The Government also indicates that the revision will also address the linguistic differences between the Kinyarwanda and English versions of section 12. The Committee once again refers to paragraphs 672–679 of its General Survey of 2012 on the fundamental Conventions explaining the meaning of the concept of “work of equal value” which not only covers “equal”, the “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. Noting that no progress has been made in this respect for a number of years, the Committee urges the Government to take the necessary steps without delay to amend Law No. 13/2009 of 27 May 2009 regulating Labour, including sections 1.9 and 12, so as to give full legislative effect to the principle of equal remuneration for men and women for work of equal value.

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

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views. The Committee previously noted that, according to section 50(8) of Law No. 34/2010 of 12 November 2010 on the establishment, functioning and organization of Rwanda Correctional Service, an incarcerated person has the main obligation, inter alia, to perform activities for the development of the country, himself/herself and the prison. The Committee further took note of the Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association who conducted an official visit to Rwanda in January 2014 (A/HRC/26/29/Add.2). The Special Rapporteur noted with concern the Government’s prevailing hostility towards peaceful initiatives by its critics and the existence of a legal framework that silences dissent. In this regard, the Special Rapporteur referred to several provisions of the Penal Code which provide for sanctions of imprisonment for persons expressing political views (sections 116, 136, 451, 462, 463, 468 and 469 of the Penal Code). Noting that any reference made to compulsory prison labour had been removed from the Penal Code, the Committee requested the Government to provide information on the measures taken in order to harmonize the Code of Penal Procedure with the Penal Code. The Committee also requested the Government to provide a copy of the draft Ministerial Order on the nature of income-generating activities which can be performed by prisoners.

The Committee notes the Government’s information in its report that Law No. 30/2013 of 24 May 2013 relating to the Code of Penal Procedure has removed the reference to compulsory prison labour. However, the Committee notes that section 50(8) of Law No. 34/2010 remains valid, under which an incarcerated person can be obliged to work for the development of the country, himself/herself and the prison. The Government also considers sections 116, 136, 451, 462, 463, 468 and 469 of the Penal Code as compatible with the Convention without providing further explanation, and indicates that there are no court decisions in this regard. However, the Committee notes that the UN Human Rights Committee expressed its concern in its concluding observations on the fourth periodic report of Rwanda of 2 May 2016, at the prosecution of opposition politicians, journalists and human rights defenders as a means of discouraging them from freely expressing their opinions (CCPR/C/RWA/CO/4, paragraphs 39 and 40).

The Committee once again recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for peacefully holding or expressing political views or views ideologically opposed to the established political, social or economic system. It once again draws the attention of the Government to the fact that the abovementioned sections of the Penal Code are worded in terms broad enough to lend themselves to the application as a means of punishment for peacefully expressing political views and, in so far as they are enforceable with sanctions of imprisonment which involve compulsory labour, they may fall within the scope of the Convention. The Committee further notes that the draft Ministerial Order on the nature of income-generating activities which can be performed by prisoners is not attached as indicated in the Government’s report. The Committee therefore requests the Government to ensure that no penal sanctions involving compulsory prison labour may be imposed on persons for peacefully expressing political views, for example, by amending section 50(8) of Law No. 34/2010 following the adoption of Law No. 30/2013. The Committee also requests the Government to provide information on the application of sections 116, 136, 451, 462, 463, 468 and 469 of the Penal Code in practice, including any legal proceedings defining or illustrating their scope. The Committee finally once again requests the Government to provide a copy of the draft Ministerial Order on the nature of income-generating activities which can be performed by prisoners.

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

The Committee notes the adoption of the new Labour Code (Law No. 66/2018 of 30 August 2018). The Committee notes that sections of the new Labour Code refer to ministerial orders, some of which have been the object of the Committee’s comments.

Articles 2 and 3 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. Right to elect representatives freely. In its previous comments, the Committee had requested the Government to take the necessary measures, in consultation with the social partners, to amend the provisions of Ministerial Order No. 11 so as to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention:

– Judicial record. Under the terms of section 3(5) of Ministerial Order No. 11, of September 2010, an occupational organization of employers or workers, in order to be registered, has to be able to prove that its representatives have never been convicted of offences with sentences of imprisonment equal to or over six months. In the view of the Committee, conviction on account of offences the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions should not constitute grounds for disqualification from holding trade union office.
– Time limits for registration. Under the terms of section 5 of Ministerial Order No. 11, the authorities have a time limit of 90 days to process the application for the registration of a trade union. The Committee recalls that a long registration procedure is a serious obstacle to the establishment of organizations without previous authorization, in accordance with Article 2 of the Convention.

The Committee notes that the Government states that a person who leads others is required to prove his or her integrity and that, in line with the Rwandan legislation, a person who is convicted of a crime punishable by a principal penalty of imprisonment for a term of not less than six months is a person whose integrity is questionable. The Committee reiterates that the conviction for an act which, by its nature, does not call into question the integrity of the person and implies no real risk for the performance of trade union duties should not constitute grounds for exclusion from trade union office. Furthermore, legislation which establishes excessively broad ineligibility criteria, for example by means of an open-ended definition or a long list including acts which have no real connection with the qualities of integrity required for the exercise of trade union office, is incompatible with the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 106). The Committee therefore requests once again that the Government take the necessary measures, in consultation with the social partners, to amend section 3(5) of Ministerial Order No. 11, in line with the above.

With regard to the time limits for registration, the Committee notes the Government’s indication that it has taken note of the concern, and that the registration period will be reduced in an ongoing revision of the Ministerial Order regarding registration of employees and employers’ organizations. The Committee requests the Government to provide information on all developments in this regard, including the amendment of section 5 of Ministerial Order No. 11.

Exclusion of categories of public servants from the right to organize. In its previous comment, the Committee had requested the Government to provide a list of categories of public servants which fall within the exclusion established in section 51 of Act No. 86/2013 issuing the General Statute of the Public Service, which recognizes the right of public servants to join any trade union of their choice, with the exception of “political office holders” and “officers of the security services”. The Committee notes the Government’s indication that it will consider the Committee’s concern in the revision of the above-mentioned Act. The Committee reiterates that the Convention sets out the right of all workers, without distinction whatsoever, including political leaders, to establish and join organizations of their own choosing, and only authorizes exemptions in relation to the police and the armed forces, and that these exceptions must, however, be construed in a restrictive manner so as not to include public servants of security related services. The Committee therefore requests the Government to provide information on the specific categories of public servants excluded under section 51 of Act No. 86/2013, and on any progress made in this regard, so as to ensure that public servants, like all other workers, with the only exception of the armed forces and the police, enjoy the right to organize under the Convention.

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

Article 2 of the Convention. Right of public servants to establish organizations of their own choosing. In its previous comments, the Committee had requested the Government to indicate whether public servants, in addition to the right to join a trade union, also enjoy the right to establish a union of their own choosing, and to indicate the relevant legislative provisions. The Committee had noted Act No. 86/2013, of 19 September 2013, on the General Statute of Public Servants, section 51 of which recognizes the right of public servants to join a union of their own choosing. The Committee notes the Government’s indication that the Act is under revision and that, in the meantime, public servants have been able to exercise in practice the right to establish trade unions of their choice. In this respect, the Government refers to four examples of trade unions established by public servants: (i) Workers’ Union in Public Administration (STAP); (ii) Rwanda National Teachers’ Union (SNER); (iii) Workers Union in parastatal and privatized institutions (SYPEPAP); and (iv) Rwanda Nurses and Midwives Union (RNMU). The Committee requests the Government to provide information on any further progress made with respect to the revision of Act No. 86/2013, including a copy of the revised Act.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that Act No. 86/2013 issuing the General Statute of the Public Service does not include provisions recognizing the right to strike and in this regard noted the Government’s indication that the Committee’s comments would be taken into account in the context of the reform of the Act. In the absence of concrete information in this regard, the Committee once again requests the Government to take the necessary measures for the recognition of the right to strike of public servants, with the possible exclusion of those exercising authority in the name of the State. The Committee further requests the Government to provide information on any progress made in this regard.

In relation to the Ministerial Order No. 4 of 13 July 2010, determining “indispensable services” and the conditions for the exercise of the right to strike in such services, the Committee had previously requested the Government to amend section 11(2), according to which “in the public interest and in the interests of the health of the population, the authorities may prevent workers and employers from having recourse to strikes or lock-outs”. The Committee reiterates that the right to strike may only be restricted or prohibited in essential services in the strict sense of the term (namely, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), in the public service only for public servants exercising authority in the name of the State, or in situations of acute national crisis. The Committee notes the Government’s indication that it is still in the process of revising the Ministerial Order determining essential services and that the Committee’s concern is under consideration. The Committee expects that the necessary measures to amend section 11(2) of the Ministerial Order will be taken without further delay, so as to bring it into line with the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 3 of the Convention. Prohibition of night work of women. Further to its previous comments, the Committee recalls that the prohibition of night work of women in Rwanda was lifted in 2001. Recalling that the Convention will be open to denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes that section 30 of the new Labour Code (Law No. 66/2018 of 30 August 2018) provides that trade union representatives who are victims of unfair dismissal, as a result of the discharge of their responsibility to represent employees will receive the payment of damages that cannot exceed the amount of nine months’ net salary. The Committee observes that according to section 30 of the Labour Code, the mentioned amount of compensation is also applicable to other types of unfair dismissal for those employees who have more than ten years of experience with the same employer. With respect to the compensation applicable to anti-union dismissals, the Committee recalls that, when a country opts for a system of compensation and fines, the compensation envisaged for anti-union dismissal should fulfil certain conditions: (i) be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal; and (ii) be adapted in accordance with the size of the enterprises concerned (see the 2012 General Survey on the fundamental Conventions, paragraph 185). Recalling that, under the Convention, all acts of anti-union discrimination should be adequately prevented through the imposition of dissuasive sanctions and adequate compensation, the Committee requests the Government to provide information on the amount of compensation awarded by courts when addressing anti-union dismissal cases.

Article 4 of the Convention. Promotion of collective bargaining. Recognition of organizations for the purposes of collective bargaining. The Committee notes that section 93 of the new Labour Code provides that if in an enterprise there are several employees’ organizations in a company, they team up to conduct collective bargaining. However, if they fail to team up, the organization representing the majority of workers carries on the collective negotiations on behalf of other employees’ organizations. The Committee requests the Government to clarify the meaning of section 93 of the Labour Code when it refers to the majority organization (organization that would represent more than 50 per cent of workers or the most representative organization).

Collective bargaining in practice. In its last comment, the Committee had requested the Government to provide information on the National Labour Council’s activities in the field of collective bargaining and on the number of collective agreements concluded, the sectors concerned, and the number of workers covered. The Committee notes the Government’s indication that the number of collective agreements concluded is seven, which covers 18,291 employees. The Committee requests the Government to provide information on the National Labour Council’s activities in the field of collective bargaining and to continue providing information on the number of collective agreements concluded and the number of workers covered, specifying the sectors concerned.

The Committee notes the adoption of the new Labour Code (Law No. 66/2018 of 30 August 2018).

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee had noted that, according to the provisions of section 114 of the Labour Code (Law No. 13/2009), any act which infringed the provisions granting protection against acts of discrimination and interference was considered abusive and incurred the payment of damages, and had noted that the amount of damages, however, was not specified in the Labour Code 2009. The Committee had requested the Government to take measures to establish sufficiently dissuasive sanctions against acts of anti-union discrimination and interference, in particular with respect to the amount of damages awarded to trade union members. While taking note of the Government’s statement that the amount of compensation applicable in cases of anti-union discrimination must be determined according to the damage suffered by the victim, in consonance with section 258 of the Civil Code, Book III, the Committee notes with regret that with the adoption of the Labour Code 2018, the above-mentioned section 114 was repealed and the new legislation does not contain, beyond the dismissal of trade union representatives, specific provisions prohibiting and punishing acts of anti-union discrimination and interference. The Committee requests the Government to take the necessary measures to ensure that the new legislation in force provides adequate and specific protection against all acts of anti-union discrimination and interference, including the imposition of effective and sufficiently dissuasive sanctions. The Committee requests the Government to provide information in its next report on any progress made in this regard.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had noted that the collective bargaining dispute settlement procedure provided for in section 143 ff. of the Labour Code 2009 culminated, in cases of non-conciliation, in referral, at the initiative of the labour administration, to an arbitration committee whose decisions could be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee had recalled that, in order to preserve the principle of voluntary negotiation recognized by the Convention, compulsory arbitration is only acceptable in certain specific conditions, such as in essential services in the strict sense of the term, in the case of disputes involving public servants engaged in the administration of the State (Article 6 of the Convention), or in the case of an acute national crisis. The Committee therefore had requested the Government to take the necessary measures to amend the legislation so as to ensure that a collective labour dispute in the context of collective bargaining may be submitted to arbitration or to the competent legal authority only with the agreement of both parties, except in the circumstances referred to above. The Committee takes due note of the Government’s indication that: (i) the new Labour Code removed the mandatory requirement for the parties involved in a collective labour dispute to resort to arbitration; and (ii) it may intervene in the settlement of collective labour disputes, within limits established by an Order of the Minister in charge of labour, which, under section 103 of the new Labour Code, determines the organization, functioning of labour inspection and procedure for labour disputes settlements. While it welcomes the removal by the new Labour Code of the mandatory requirement for the parties involved in a collective labour dispute to resort to arbitration, the Committee, in order to ensure that the new rules applicable to the settlement of collective disputes are fully in line with the principle of free and voluntary collective bargaining established by the Convention, requests the Government to provide a copy of the above-mentioned Order and to communicate detailed information on the new procedure for collective labour disputes settlement.

Furthermore, in its previous comments, the Committee had noted that section 121 of the Labour Code 2009 provided that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his or her delegate or representatives of the labour inspection participating as advisers. The Committee had recalled that such provision may restrict the principle of free and voluntary negotiation of the parties established by the Convention, and had requested the Government take the necessary measures to amend the legislation so as to ensure that the parties can freely determine the modalities of collective bargaining and in particular that they can decide as to whether or not a representative of the labour administration may be present. The Committee notes with interest the Government’s statement that the participation of a labour administration representative in the collective bargaining process is no longer required under the new Labour Code and that, as a consequence, parties can now convene and negotiate freely without the presence of the Minister, his/her delegate or representative of labour inspection.

In its previous comments, the Committee had also noted that, under section 133 of the Labour Code 2009, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational and territorial scope of the agreement. The Committee had requested the Government to indicate the institutional framework in which these tripartite consultations take place and to provide information on recent extension procedures. The Committee notes the Government’s indication that the recent extension procedure is set forth in the new Labour Code in its section 95, which provides that a collective agreement applicable to at least to two-thirds (2/3) of the number of employees or employers representing the category of the concerned professionals may, at the request of the parties, be extended to the entire sector. The Committee welcomes these elements and requests the Government to provide information on the application in practice of section 95 of the new Labour Code.

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

Comments adopted by the CEACR: Rwanda

Adopted by the CEACR in 2022

C138 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C182 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C154 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C026 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C087 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C089 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Rwanda

Display the list by:

Adopted by the CEACR in 2022

C138 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C182 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C154 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C026 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C087 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C089 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)