Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s report, as well as the observations attached thereto of the Trade Union Central of Rwanda (CESTRAR), the Association of Christian Trade Unions Umurimo (ASC/UMURIMO), the Congress of Labour and Fraternity of Rwanda (COTRAF) and the National Council of Free Trade Union Organizations of Rwanda (COSYLI).

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indications that no specific laws to combat sexual harassment have been adopted and that the issue has not yet been addressed through educational measures and awareness raising. The ASC/UMURIMO stated that sexual harassment existed and recommended that legislation to protect workers from such harassment at the workplace be adopted. The Committee encourages the Government to take the appropriate legislative and other measures to prohibit and prevent sexual harassment at work, including through educational programmes and awareness-raising campaigns; to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies in this regard; and to keep the Committee informed of any steps taken and progress made.

2. Articles 2 and 3. Application in practice. COTRAF points out that despite the prohibition of discrimination by law, there existed some distinctions in practice between persons for reasons related to ethnicity, religion, political affiliation or social origin. They also raise doubts as to the availability of effective administrative or judicial recourse in cases of discrimination and point to the need for taking practical measures to promote non-discrimination and equality at work. CESTRAR states that discrimination at the stage of recruitment existed in the private sector. As an example, reference was made to the rejection of female job applicants for reasons related to pregnancy. The Government replied that it would make the necessary investigations to examine whether such cases existed. It indicated that complaints regarding discrimination could be lodged with the National Commission on Human Rights and the Office of the Ombudsperson. The Committee requests the Government to provide, in its next report, information on:

(a)  any measures taken or envisaged to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies, such as the National Human Rights Commission, with a view to promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in employment and occupation. The Committee encourages the Government and its social partners to consult on and implement concrete and practical measures to promote and ensure equality at work, such as awareness-raising initiatives and training on equality issues for public officials, employers’ and workers’ representatives, or collection and analysis of labour market data disaggregated by sex;

(b)  the results of the investigations made into cases of pregnancy-related discrimination referred to by the Government; and

(c)  the activities of the authorities to ensure the implementation and enforcement of laws and regulations providing for equality in employment and occupation. Please indicate the number, nature and outcome of any cases concerning work-related discrimination dealt with by the labour inspectorate, the courts, the National Human Rights Commission, or the Office of the Ombudsman.

3. Measures to promote equality of opportunity and treatment irrespective of race or colour. In its previous comments the Committee has sought information from the Government on the measures taken to guarantee underprivileged ethnic groups, such as the Batwa, equality of opportunity and treatment in employment and occupation as laid down in the Convention. In reply, the Government states that article 14 of the Constitution was applicable to the Batwa in need of public assistance or special social measures. The Committee notes that article 14 provides that the State, within the limits of its capacity, takes special measures for the well-being of poor genocide survivors, disabled persons, persons without means, older persons and other vulnerable groups. The Committee also understands that the National Commission for Unity and Reconciliation recommended in 2000 that positive measures should be taken to promote the access of the Batwa to education. It notes that, according to the ASC/UMURIMO, it was important to take positive action in respect of the Batwa in the area of employment, including access to vocational training free of charge. The Committee requests the Government to provide, in its next report, information on any measures taken or envisaged to promote equality of opportunity and treatment of the Batwa or other underprivileged ethnic groups, including access to vocational training.