Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report. It notes that a draft amendment of the Labour Code is in process but has not yet been sent to the Office. It also notes the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) referring to matters already raised by the Committee concerning the status of public servants and the exercise of the right to strike in essential services. In this respect, the Government indicates that the ICFTU’s comments are welcomed and that it will take them into account when it will elaborate projects for decrees on the application of the modified Labour Code.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted: (1) that articles 11, 33, 35, 36, 38 and 39 of the Constitution of 4 June 2003 guarantee freedom of expression and association for state employees as for all other citizens; (2) that, although Act No. 22/2002 of 9 July 2002 issuing the general conditions of service of the public service in Rwanda says nothing about the right of public servants to organize and to collective bargaining, section 73 of the Act providing that public servants and the staff of public enterprises enjoy rights and freedoms on the same basis as other citizens, allows the interference that public servants have the right to establish occupational organizations in the same way as private sector employees; (3) that, although there are unions of public servants in Rwanda, there is a legal void as regards the right to organize of public servants, which is liable to cause problems in practice; and (4) the procedures for the implementation of section 73 of Act No. 22/2002 are still to be determined and that application of the provisions of Title VIII of the Labour Code governing occupational organizations should be extended to state officials. The Committee notes the declaration of the Government that it is not its intention to restrict the right of association of officials. In this respect, the Government underlines that section 2(2) provides that “Any person covered by the status of a public administration is not covered by the present Code, with the exception of matters decided upon by a decree from the Prime Minister.” The Government further states this is why the Prime Minister’s decree on the application of the Labour Code will soon extend to modalities concerning unionization, claims and collective bargaining to public servants. The Committee requests the Government to keep it informed of any progress made in this respect in its next report.

Article 3. Right to strike. The Committee asked the Government to provide a copy of the Ministry of Labour Order establishing procedures for the implementation of section 191 of the Labour Code which provides that the right to strike of workers in jobs that are essential to the security of persons and property, and in jobs the halting of which would jeopardize human safety and life, is exercised in accordance with specific procedures. The Committee noted in this connection that, according to the Government, no procedures had yet been established for implementing this provision. The Committee requests the Government to keep it informed of the steps taken or envisaged on this matter in the context of the current revision of the Labour Code.

The Committee is addressing a request on other matters directly to the Government.