Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

1. The Committee notes the Government’s report. It notes with interest the Act instituting punishment for offences of discrimination and sectarianism (No. 47/2001) which entered into force on 15 February 2002. Under section 3 of the Act, discrimination is an offence committed through oral or written expression or any act based on ethnic origin, nationality, skin colour, physical features, sex, language, religion or opinion aimed at depriving one or more persons of their rights under the laws in force in Rwanda and under international conventions to which Rwanda is a party. The Government is requested to provide information on the implementation and enforcement of the Act in respect to discrimination in employment and occupation.

2. The Committee also notes that section 12 of the new Labour Code (Act No. 51/2001), which entered into force on 1 March 2002, provides that "any distinction, exclusion or preference made in particular on the basis of race, colour, sex, religion, or political opinion, which would have the effect of nullifying or impairing equality of opportunity in employment or equality of treatment before the judicial instances in labour disputes, is prohibited". Noting that section 12 covers all the prohibited grounds of discrimination mentioned in Article 1(1)(a) of the Convention, except national extraction and social origin, the Committee recalls the importance of prohibiting discrimination on all the grounds laid down in the Convention. Aware of the recent history of the country, the Committee firmly believes that the prevention of and protection from discrimination in employment, particularly on grounds of national extraction, is crucial in promoting national reconciliation and peace. It therefore asks the Government to indicate the reasons for this omission, as well as the manner in which discrimination on grounds of national extraction and social origin are otherwise prohibited in employment in law or practice. It hopes that the Government will consider amending the Act to bring it fully in line with Article 1(1)(a) of the Convention. In addition, the Committee is concerned that section 12 could be read and applied in a manner, that would restrict its scope to providing equality before the courts in labour matters. Recalling that the Convention’s scope is broad, providing for substantive as well as formal equality of opportunity and treatment in employment and occupation at all stages of employment, including vocational training, recruitment, access to particular occupations, as well as terms and conditions of employment, the Committee requests the Government to clarify the meaning of section 12 of the Labour Code and to provide indications as to its application in practice.

3. Further to its previous comments, the Committee notes that the new Labour Code, through its section 198, formally repeals all prior legal provisions and regulations contrary to the Code, including the Presidential Order of 17 April 1978 which organized the placement of workers and employment supervision. It notes with interest that the requirement for obtaining employment in the private sector of an attestation or certificate of good conduct, lifestyle and morals, which is issued by the communal authorities, has therefore been abolished de jure. As regards the requirement of such an attestation in respect to employment in the public service, the Committee notes with satisfaction that Act No. 22/2002 establishing the general conditions of service of public officials, which entered into force on 1 September 2002 and which replaces the Legislative Decree of 19 March 1974, no longer requires such an attestation in law or practice.

4. Recalling that section 6 of the Presidential Order of 20 December 1976 establishing the conditions of service of personnel in public establishments also provided for the requirement of an attestation or certificate of good conduct, lifestyle and morals in order to be employed in public establishments, the Government is requested to clarify whether this Order is still in force.

5. The Committee recalls its request for information concerning the re-education programme that repatriated persons seeking employment, or those already employed, were required to follow. In this regard, the Committee notes the Government’s statement that re-education of all components of the Rwandan society ("Ingando") continued in order to strengthen cohesion and to overcome the ethnic and tribal divisions that led to the 1994 genocide, and that re-education was no longer targeted specifically at persons seeking employment or having found work, as was the case in 1998 when there was a massive influx of returning refugees. The Committee notes this information. Noting from the report that no assessment of the impact of the Government’s human rights awareness campaign is yet available, the Committee asks the Government to continue to provide information on any measures taken to promote the rule of law and respect for human rights through awareness-raising activities and human rights education or training, for government officials and the public at large, including relevant activities of the National Commission on Human Rights.

6. With reference to its previous comments concerning exclusion from employment for reasons related to the security of the State, the Committee notes the information provided by the Government that since the liberalization of recruitment nobody had been refused employment because of being suspected of carrying out activities prejudicial to the security of the State. Recalling that the Government had previously stated that the labour administration was no longer responsible for conducting investigations concerning persons suspected of carrying out such activities, the Committee reiterates its request to the Government to indicate the measures which have been taken to ensure that a person cannot be refused employment for reasons related to the security of the State except within the limits prescribed by Articles 1 and 2 of the Convention, and subject to the right of appeal set out in Article 4.

In addition, a request regarding other points is being addressed directly to the Government.