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

The Committee notes the Government’s report. It also notes the observations of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, reporting acts of anti-union discrimination, and particularly cases of the arrest and abusive dismissal of trade union leaders. The Committee requests the Government to reply to these comments in its next report.

Articles 1, 2 and 3 of the Convention. The Committee noted previously that, according to the Association of Christian Trade Unions (ASC/UMURIMO) and the Confederation of Trade Unions of Rwanda (CESTRAR), the new Labour Code does not establish penalties for acts of anti-union discrimination, even though the exercise of the right to organize is in general terms protected by section 159 of the Labour Code.

The Committee notes that the Government refers in its report to the applicable sanctions in cases of anti-union discrimination against trade union delegates.

The Committee also noted that, according to the Congress of Labour and Fraternity in Rwanda (COTRAF-RWANDA), there were still no adequate protection measures against acts of interference by employers in relation to workers’ organizations, particularly with regard to their operation and establishment in enterprises and establishments.

The Committee recalls that legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference (see the 1994 General Survey on freedom of association and collective bargaining, paragraph 232) and anti-union discrimination. The Committee requests the Government to take the necessary measures to prohibit any act of interference by workers’ and employers’ organizations in each others’ affairs, and any act of anti-union discrimination, and to adopt dissuasive penalties applicable to all workers, not solely trade union delegates, towards this end. The Committee further requests the Government to ensure that the above protections are reflected in the draft Labour Code the Government refers to in its report.

Article 4. 1. In its previous comments, the Committee requested the Government to adopt measures to encourage and promote the widest possible use of voluntary negotiation procedures and of collective agreements in the country. In this respect, it noted the comment by CESTRAR that no collective agreement had been concluded due to the lack of measures to encourage and promote collective bargaining. The Committee notes the draft Presidential Order establishing the National Labour Council, and the holding of training seminars on negotiating techniques for the social partners, labour inspectors and labour administration officials. The Committee requests the Government to continue its efforts to adopt measures to encourage and promote the conclusion of collective agreements and to keep it informed in this respect.

2. With regard to the explanations that it had requested previously concerning collective disputes and, more particularly, section 183 of the Labour Code, the Committee noted the Government’s observation that a collective labour dispute in the context of collective bargaining may be submitted by both parties or by either of them to the competent legal authority, whose decisions are enforceable. The Committee notes that it is has not received the draft Ministerial Decree on the application of section 183 of the Labour Code, referred to by the Government in its report. It asks the Government to transmit a copy of the draft Ministerial Decree with its next report. The Committee recalls that, with the exception of public servants engaged in the administration of the State and essential services in the strict meaning of the term, arbitration imposed by the authorities at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention, and therefore the autonomy of the bargaining partners (see General Survey, op. cit., paragraph 257). It therefore requests the Government to amend section 183 of the Labour Code so that a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of both parties.

Article 6. The Committee also requested the Government to indicate which public workers were covered by the exception laid down in section 114(4) of the Labour Code, which provides that collective agreements may be concluded where the staff of public enterprises and establishments are not governed by a specific legal or regulatory status. The Committee noted the information provided by the Government to the effect that the distinction laid down in section 114 of the Labour Code no longer applied since all public officials were now governed by Act No. 22/2002 of 9 July 2002 issuing the conditions of service of public servants in Rwanda. The Committee however noted that Act No. 22/2002 does not contain any provisions relating to the right to collective bargaining. The Committee notes the indications in the Government’s report, according to which no limitations exist in the Labour Code with regards to the fundamental rights of public servants, and that the draft Labour Code extends the right to collective bargaining to public servants.

The Committee recalled the distinction that must be drawn between, on the one hand, public servants who by their functions are directly engaged in the administration of the State (for example, civil servants employed in government ministries and other comparable bodies, as well as their auxiliary staff), who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see General Survey, op. cit., paragraph 200). The Committee therefore once again requests the Government to amend section 114 of the Labour Code so that the exclusions from the scope of the Labour Code respecting the conclusion of collective agreements does not include categories of public servants who are not engaged in the administration of the State.

The Committee hopes that the Government’s next report will allow it to note substantial progress on the various matters raised above.