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

The Committee notes the Government’s report. It notes with satisfaction the entry into force of Act No. 51/2001 issuing the Labour Code and Act No. 22/2002 issuing the general conditions of service of the public service. The Committee recalls that its previous comments concerned the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. (i) Agricultural workers. The Committee notes with interest that the exclusion of agricultural workers from the scope of the Labour Code, as set out in the former Code, has not been retained in section 2 of the new Code.

(ii) Public servants. The Committee notes that, on the one hand, section 2(2) of the new Labour Code excludes from its scope persons engaged in a public administration, but that, on the other hand, the new general conditions of service of the public service do not contain any specific provision respecting the right to organize of public servants. In this respect, recalling that the provisions of the Convention cover all workers, without distinction whatsoever, the Committee requests the Government to indicate in its next report whether public servants in practice benefit from the right to organize.

Article 3. (i) Right of workers’ organizations to elect their representatives in full freedom. In its previous comments, the Committee had noted that section 8(b) of the Labour Code of 1967 provided that only nationals could be elected as members responsible for the management and administration of a workers’ occupational organization. The Committee notes with interest that, under the terms of section 145 of the new Labour Code, trade union leaders may be of Rwandan nationality or of foreign nationality, although the latter may not be elected until they have completed a period of residence of at least five years in the country and they may not exceed in number one-third of the members of the executive board of the organization.

(ii) Right to strike. The Committee notes that section 191 of the new Labour Code provides that the right to strike of workers in jobs that are indispensable for the safety of persons and goods, and in jobs the cessation of which would jeopardize human safety and life, shall be exercised subject to specific procedures, for which the rules are to be set out in an order made by the Minister of Labour. In this respect, the Committee requests the Government to provide a copy of the above order so that it can ascertain its conformity with the provisions of the Convention.

Furthermore, a request on certain other points is being addressed directly to the Government.