Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes that the Government’s report has not been received. It takes note of the observations of 29 August 2008 by the International Trade Union Confederation (ITUC) on the application of the Convention. The Committee recalls that in its previous comments it noted that the draft Labour Code, dated September 2006, omitted some of the comments it has been making for many years on the legislation of Rwanda.

Articles 1, 2 and 3 of the Convention. The Committee recalls that the national legislation does not make express provision for rapid appeal procedures, coupled with effective and sufficiently dissuasive sanctions against acts of interference and anti-union discrimination. The Committee requests the Government to take the necessary steps to prohibit, in the draft Labour Code or some other legislative text, all acts of interference by employers’ and workers’ organizations in each other’s affairs, and all acts of anti-union discrimination, and to make provision for sufficiently dissuasive sanctions to this end, not only in the case of staff delegates.

Article 4. In its previous comments, the Committee took note of a draft Ministerial Order on the establishment and running of the Conciliation Council issued pursuant to section 183 of the Labour Code. It reminded the Government that apart from the case of public officials exercising authority in the name of the State and essential services in the strict sense of the term, arbitration imposed by the authorities or at the request of only one party is as a rule contrary to the principle of voluntary negotiation of collective agreements established by the Convention, and hence to the autonomy of the bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee again asks the Government to amend section 183 of the Labour Code (section 222 of the draft Labour Code) so that, other than in the circumstances referred to above, 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.

The Committee’s earlier comments also referred to section 136 of the draft Labour Code, which provides that, at the request of one of the representative workers’ or employers’ organizations, the collective agreement shall be negotiated in a joint committee convened by the Minister of Labour. The Committee pointed out that such a provision was liable to restrict the principle of free and voluntary bargaining within the meaning of the Convention. The Committee asks the Government to amend section 136 of the draft Labour Code so as to require the agreement of both parties for negotiation of the collective agreement in a joint committee.

The Committee also asks the Government to indicate whether the draft Ministerial Order issued pursuant to section 116 of the Labour Code to establish requirements for the deposit, registry and publication of collective agreements has been adopted. If so, please provide a copy of the text.

The Committee trusts that the Government will take all necessary steps to amend the draft Labour Code taking due account of the principles referred to above.

Article 6. The Committee notes that according to a communication of November 2006, the Government was planning to amend the Labour Code so as to provide, in section 2(2), that “anyone employed under regulations in a public department of Rwanda is not subject to the present law other than for matters determined by an order of the Prime Minister”, and that it was planning thereafter for an order to be issued to extend to public servants the arrangements for establishing and joining unions, filing claims and collective bargaining. The Committee also notes that, according to the ITUC, the national legislation contains no specific provisions on the trade union rights of public servants. The Committee requests the Government to indicate any measures taken or envisaged to establish by law (Labour Code or otherwise) the right to collective bargaining of public servants, covered by the Convention.

The Committee once again reminds the Government that it may call upon the Office for technical assistance with any or all of the issues raised in this observation.

Lastly, the Committee requests the Government to provide information in its next report on the work of the National Labour Council in the area of collective bargaining, and on the number of collective agreements concluded and the sectors and number of workers covered.