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

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

Other comments on C087

Observation

Direct Request

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Articles 2 and 3 of the Convention. With refence to its previous comments, the Committee notes with satisfaction the indications supplied by the Government in its report and by the Central Trade Union Organization of Rwanda (CESTRA) to the effect that political and trade union pluralism is now in force, that the independence of the trade union movement is consecrated by the by-laws of CESTRA and that the right to strike has been extended to employees of the public services under the new Constitution of 10 June 1991.

The Committee notes that section 32 of the new Constitution does not reproduce the provisions of section 32 of the 1978 Constitution, which provided that the right to strike was not recognized for employees of public services.

The Committee, however, requests the Government to indicate in its next report the measures which have been taken or are envisaged to amend section 26 of the Legislative Decree of 19 March 1974 to issue the general conditions of service of employees of the State which, under its present wording, continues to forbid state employees to take part in strikes or in activities aimed at causing a strike in the state services, with a view to limiting the restrictions on the right to strike to those which accord with the principles of freedom of association.

The Committee also requests the Government to indicate the measures which have been taken or are envisaged to amend section 8 of the Labour Code which prohibits occupational organizations of employees to elect trade union officers who are not of Rwandan nationality, in order to permit foreign workers to hold trade union office after a reasonable period of residence in the country (see paragraph 160 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee would moreover remind the Government that the International Labour Office is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention.