Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the observations made by the Workers Trade Union Confederation of Rwanda (CESTRAR), the Association of Christian Trade Unions Umurimo (ASC/UMURIMO), and the National Council of Free Trade Union Organizations of Rwanda (COSYLI).

1. Articles 1 and 2 of the Convention. Application by law. The Committee noted previously that section 206 of the Civil Code of Rwanda establishes that the husband is the head of the household as a matter of principle. As a consequence, women workers are entitled to income tax reductions in respect of dependents only insofar as they prove that they are de facto heads of households. The Committee observes that providing for equal rights of women and men in civil and family matters creates an environment which should be conducive to more rapid progress towards equal opportunity and equal treatment for men and women in employment. The Government is requested to provide information, in its next report under Convention No. 111, on whether any consideration is being given to amending section 206 of the Civil Code in order to provide for the equal status of men and women in the family.

2. Assessment of the gender wage gap. The Committee notes the Government’s statement that an assessment of the gap between the remuneration received by men and women would be made in the context of collective bargaining. The Government is asked to provide information on the measures taken and the progress made with regard to gathering statistical information on the earning levels of men and women, and on the results of any assessment of the gender wage gap made in the context of collective bargaining.

3. Collective agreements. The Committee notes the Government’s indication that no collective agreement has yet been concluded in Rwanda. The Government is asked to keep the Committee informed of any collective agreement that may be concluded, to provide a copy of any collective agreement concluded, and to indicate the ways in which the collective agreement has been designed to address gender wage inequalities.

4. Minimum wage. The Committee notes that, under section 83 of the Labour Code, the Ministry of Labour is responsible for fixing the guaranteed minimum wage, after consultations with the social partners, but that the minimum wage has not yet been decreed. The Committee stresses that the establishment of a minimum wage can make a positive contribution to the application of the Convention. According to COSILY the fixation of the minimum wage would allow for an updating of the wage scales in the private sector. The Committee asks the Government to provide information on: (a) the progress in fixing the guaranteed minimum wage as envisaged under section 83 of the Labour Code; and (b) the progress made in updating private sector wage scales, including information on how the principle of equal remuneration for work of equal value has been taken into account in doing so.

5. Enforcement. The Committee remains concerned at the apparent absence of any provision in Rwandan legislation establishing penalties for breaches of the principle of equal pay for men and women and on the need to provide effective remedies in this regard. Section 194 of the Labour Code, which lists the provisions in respect of which a violation is subject to penalties, does not list section 84. The Committee reiterates that without effective means of redress against sex-based discrimination in respect of remuneration, the application of the Convention cannot be effectively promoted and ensured. The Committee asks the Government to provide information on how section 84 of the Labour Code is enforced in practice, including any information on the concrete measures by the labour inspectorate or any cases that may have been brought before the courts.

6. Article 3. Objective job appraisal. The Committee notes from the Government’s report that objective job evaluation will be undertaken in the context of future collective or enterprise agreements. No information has been provided concerning the use of job descriptions in the public service (point 3 of the previous direct request). The Government is asked: (a) to keep the Committee informed on any measures taken to promote the objective appraisal of jobs in collective bargaining; and (b) to indicate the progress made in establishing job descriptions for posts in the public service, as provided for in section 24 of Act No. 22/2002 concerning the public service.