Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Prohibition of the right to strike in the public service. The Committee recalls that whereas it has always acknowledged that the right to strike may be limited or even prohibited in the public service, such a prohibition would be nonsensical if legislation adopted a too broad definition of the concept of public service. The Committee cannot disregard the peculiarities or legal and social traditions of each country but it must nevertheless attempt to identify relatively uniform criteria permitting examination of the compatibility of a legislation with the principles of freedom of association. In these circumstances, the prohibition of the right to strike should not be imposed on public servants who are not exercising authority in the name of the State (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 158). The Committee therefore requests the Government to indicate 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. 2. Hindrance with respect to the election of trade union representatives. The Committee recalls that under Article 3 of the Convention workers' and employers' organizations shall have the right to elect their representatives in full freedom. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to amend section 8 of the Labour Code which prohibits election of non-Rwandans to trade union office, in order to permit foreign workers to hold trade union office at least after a reasonable period of residence in the country (see paragraph 118 of the General Survey). The Committee reminds the Government that the ILO is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention and hopes that the Government will make every effort to take the necessary action in the very near future. It requests the Government to communicate in its next report information on any progress made in these fields.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.