Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Repetition

Article 1 of the Convention. Legislative developments. Scope of protection of workers against discrimination. The Committee notes that section 12 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda extends the protection afforded to workers covered from all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention as well as from other grounds (Article 1(1)(b)). Section 12 of that Act prohibits any discrimination, either directly or indirectly, in the course of employment intended to deprive workers of equality of opportunity and treatment where such discrimination is based on: (1) race, colour, origin; (2) sex, marital status or family responsibilities; (3) religion, beliefs or political opinions; (4) social or economic conditions; (5) national extraction; (6) handicap; (7) previous, current or prospective pregnancy; and (8) any other form of discrimination. The Committee also notes that the new Act establishes general penalties in the case of the violation of its provisions (section 169), namely two months’ imprisonment and/or a fine of 50,000 to 300,000 Rwandan francs. It notes, however, that, in the French version of the Act at least, direct or indirect discrimination is prohibited only “during the course of employment” and that this prohibition does not therefore cover all stages of employment and occupation, particularly recruitment. The Committee also notes that section 12 appears to prohibit acts done with an intention to deny equality of opportunity and treatment, which would be more restrictive than the definition of discrimination set out in Article 1 of the Convention under which intent is not required. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit discrimination during access to employment or to an occupation. It also requests the Government to clarify whether intent is required for an act to constitute discrimination under section 12 of Act No. 13/2009. The Government is also requested to provide information on the application of section 12 of the Act, in practice and to specify, in particular, whether any appeals have been lodged on the basis of any one of the prohibited grounds of discrimination and whether penalties have been imposed under section 169 of that Act.

Sexual harassment. The Committee notes the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, section 24 of which establishes punitive measures in the case of “sexual harassment of a subordinate” imposed on “any employer or any other person who uses his or her position to harass a subordinate by way of orders, intimidation and terror for the purpose of sexual pleasure”. It also notes the inclusion in Act No. 13/2009, of provisions prohibiting “gender-based violence” in employment (section 9), that is “any act of a physical, psychological or sexual nature directed at a person or likely to damage their property on the grounds of their sex” which “infringes their rights and affects their integrity”. Section 9 of Act No. 13/2009 also prohibits moral harassment at work, either directly or indirectly, which is defined as “any act of harassment at work of any origin, either external or internal to the enterprise, which manifests itself in particular through behaviour, words, intimidation or anonymous written communications designed to have an adverse effect on the dignity of a worker in the workplace, endanger his or her job and constitute an obstacle to his or her work”. The Committee welcomes the adoption of these new legislative provisions which, when combined, appear to cover the two essential elements of sexual harassment at work as defined in its 2002 general observation, namely: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). However, in order to ensure adequate protection for men and women workers and to clarify the legal regime applicable to this discriminatory practice, the Committee requests the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and the creation of a hostile working environment. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to prevent this form of gender-based discrimination in the workplace, particularly in the context of the national gender policy adopted in 2004 (education programmes, awareness-raising campaigns on preventive measures and appeal mechanisms, etc.).

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