Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the comments made by the Workers Trade Union Confederation of Rwanda (CESTRAR), dated 31 August 2003, the Association of Christian Trade Unions (ASC/UMURIMO), dated 4 September 2004, the Congress of Labour and Brotherhood of Rwanda (COTRAF), dated 6 September 2004, and the National Council of Free Trade Unions of Rwanda (COSYLI), dated 6 September 2004.

Article 1 of the Convention. The Committee refers to its comments on the application of Articles 1 and 3 of Convention No. 98 in relation to protection against acts of anti-union discrimination.

Article 2. The Committee notes with interest that sections 154, 155 and 156 of the Labour Code provide that the various establishments of an enterprise shall have different notice boards, for both staff delegates and trade union delegates, and that the heads of enterprises employing over 20 employees shall make available to the members of the local trade union office premises suitable for the discharge of their functions and that trade union delegates shall benefit from time off to discharge their functions and shall benefit from annual training leave.

Article 4. 1. The Committee notes that the comments of the CESTRAR and the ASC/UMURIMO indicate that the Ministerial Order establishing arrangements for the election of staff delegates has not yet been adopted, thereby making sections 174 and 175 of the Labour Code incomplete. The Committee notes the Government’s indication that a draft Order is currently before the Council of Ministers for examination and adoption and it requests the Government to provide a copy of this Ministerial Order once it has been adopted.

2. The Committee also notes the indication in CESTRAR’s comment that the failure to issue the Ministerial Order determining the duration and conditions for the granting of workers’ education training leave afforded to trade union delegates by the Labour Code allows certain employers to raise obstacles to the proper functioning of trade unions in enterprises. The Committee notes that the Government’s reply does not refer to the Ministerial Order determining the duration and conditions for the granting of workers’ education training leave, but rather refers to the draft Order determining the arrangements for the election of staff delegates. The Committee requests the Government to indicate whether two distinct ministerial orders will be adopted or whether the Order determining the arrangements for the election of staff delegates will also establish the conditions for the granting of workers’ education training leave. The Committee requests the Government to keep it informed in this respect and to provide a copy of the relevant texts once they have been adopted.