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

1. Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee notes that under article 11 of the new Constitution of the Republic of Rwanda of 4 June 2003, all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural difference, language, social situation, physical or mental disability or any other form of discrimination, is prohibited and punishable by the law. The Committee notes with interest that article 11 provides increased constitutional protection from discrimination as compared to the previous Constitution by explicitly prohibiting discrimination and by introducing new prohibited grounds. It notes that no explicit reference is made in article 11 to national extraction, which is listed in Article 1(1)(a) of the Convention. The Committee recalls that the ground of national extraction relates to distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. The Government is requested to indicate whether article 11 of the 2003 Constitution is intended to prohibit discrimination on the basis of national extraction, and to provide information on the application of article 11 in practice, including information on any cases brought under it before the courts or other competent bodies.

2. The Committee refers to section 12 of the Labour Code (Act No. 51/2001) which 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". The Committee noted previously that this provision makes no reference to the grounds of national extraction and social origin, which are listed in Article 1(1)(a) of the Convention. The Committee notes from the Government’s report, that the ground of national extraction had been omitted unintentionally, while no information is given with regard to the ground of social origin. The Committee requests the Government to take the measures necessary to amend the Labour Code to ensure that it prohibits discrimination on all the grounds listed in the Convention, including national extraction and social origin.

3. Article 1(3). Scope of protection. Section 12 of the Labour Code provides for "equality of opportunity in employment or equality of treatment before the judicial instances in labour disputes". The Committee recalls that the Convention is aimed at achieving equality in employment and occupation, which includes access to vocational training, access to employment and particular occupations, and terms and conditions of employment. The Committee requests the Government to clarify whether section 12 of the Labour Code prohibits discrimination in respect of all stages of the employment process, including vocational training, recruitment, access to particular occupations, as well as terms and conditions of employment.

4. Recruitment in public establishments. For a number of years the Committee has been commenting on the requirement of an attestation or certificate of good conduct, lifestyle and morals in order to be employed in public establishments, which was contained in section 6 of the Presidential Order of 20 December 1976 establishing the conditions of service of personnel in public establishments. In this regard, the Committee notes with satisfaction that the Presidential Order has been repealed with the adoption of Act No. 22/2002 establishing the general conditions of service of public officials.

5. Article 4. Measures to protect state security. In its previous observation, the Committee requested the Government to indicate the measures that 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. The Committee trusts that the Government will provide the information requested in the near future, as indicated in its report.

The Committee is raising other points in a request addressed directly to the Government.