Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing.

Agricultural workers. The Committee notes with interest the information provided by the Government to the effect that section 2 of the new Labour Code, recently adopted by the Transitional National Assembly, no longer excludes agricultural workers from the scope of the Labour Code. As it has done in the context of the application of Convention No. 11, the Committee requests that the Government provides the text of the new Labour Code with its next report.

Public servants. In its previous comments, the Committee noted the comments of the Confederation of Trade Unions of Rwanda (CESTRAR) regarding section 84 of the Bill to issue the conditions of service of the public service, which envisaged prohibiting state employees from publicly expressing their political, philosophical, religious or trade union opinions. In this respect, the Government emphasizes in its latest report that articles 16, 18, 19 and 20 of the Constitution of 1991 provide that state officials, in the same way as any other citizen, have the right to freedom of expression and of association. The Government also indicates that new general conditions of service for state employees have just been adopted by the Transitional National Assembly without, however, indicating whether or not the provisions concerning the prohibition from expressing their trade union opinions has been maintained. The Committee therefore requests that the Government provides with its next report the text of the new general conditions of service of state employees so that it can examine their conformity with the provisions of the Convention.

Articles 3 and 10. The right of the organizations of public servants not exercising authority in the name of the State to formulate their programmes in the defence of the occupational interests of their members, including recourse to collective action and to strikes. In its previous comments, the Committee noted that section 26 of the Legislative Decree of 19 March 1974 on the general conditions of service of state employees prohibits them from taking part in strikes or in activities aimed at causing a strike in state services. In this respect, the Committee notes with interest that, according to the Government, the prohibition of strike action is no longer contained in the new general conditions of service of state employees. The Committee will review this matter once it has received from the Government the text of the new conditions of service.

Article 3. Right of workers’ organizations to elect their representatives in full freedom. In its previous comments, the Committee noted that section 8(b) of the Labour Code of 1967 provides that only nationals may be elected as members responsible for the management and administration of a workers’ occupational organization. The Committee recalled in this respect that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country. In its latest report, the Government indicates that the amendment permitting the election of foreign workers to executive office in occupational organizations after a period of residence of five years in the country and subject to the condition that their number should not exceed one-third of the members of the management and administration committee of the organization, has been included in the new Act issuing the Labour Code, which has been adopted by the Transitional National Assembly. The Committee notes this information with interest and will examine the new provisions when it has a copy of the new Labour Code.

Envisaged legislation regarding restrictions on the right to strike. The Committee had previously emphasized that section 272 of the draft Labour Code, which restricts the right to strike of workers occupying posts that are essential for, among others, the conservation of installations and equipment and for ensuring the functioning of the country’s vital socio-economic sectors, is too broad in scope to be compatible with the Convention. In its latest report, the Government indicates that the text in question (section 192 of the new Labour Code) has already been adopted by the Transitional National Assembly and that during the preparation of the texts implementing the new Code, which should be completed by the end of 2001, the Government will take into account the concerns expressed by the Committee. In this respect, the Committee trusts that the texts issued under this provision will restrict the right to strike only in essential services, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis. It therefore requests the Government to provide copies of the texts implementing the new Labour Code as soon as they are adopted.