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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Rwanda (Ratification: 1988)

The Committee notes with regret that the Government did not provide information in response to its previous direct request. The Committee is therefore bound to reiterate its comment and requests the Government to take all the necessary steps in this regard.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination.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 once again requests the Government to provide information on the amount of compensation awarded by courts when addressing anti-union discrimination cases.

Article 4. Promotion of collective bargaining. Recognition of organizations for the purposes of collective bargaining. The Committee once again requests the Government to clarify the meaning of section 93 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 agents. In its previous comments under the Collective Bargaining Convention, 1981 (No. 154), the Committee had observed that according to article 3 of Law No. 66/2018 regulating labour, the elected representatives of workers may conclude collective labour agreements in the absence of trade union organizations. The Committee notes the Government’s indication that 15 collective agreements have been concluded by trade-unions organizations; however, it does not provide information concerning the agreements concluded by elected representatives. Recalling that 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, not only by trade unions’ organizations, but also by elected workers’ representatives. The Committee requests the Government to provide information in each case on the number of workers covered, specifying the sectors concerned.

The Committee finally requests the Government to provide information on the National Labour Council’s activities in the field of collective bargaining.