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

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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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.