Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Repetition

Article 1 of the Convention. Legislation. In its previous comment the Committee asked the Government to provide further information concerning the scope of section 12 (prohibiting discrimination) of Law No. 13/2009 of 27 May 2009 regulating labour in Rwanda in view of discrepancies between the different linguistic versions of this Law. The Committee notes the Government’s explanation that the prohibition of all direct or indirect discrimination covers all stages of employment, including recruitment, and an act need not be intentional to constitute discrimination within the meaning of this section. It further notes that no legal proceedings have been instituted on the basis of any of the prohibited grounds of discrimination, nor has any penalty been imposed under section 169 of Law No. 13/2009. The Committee requests the Government to take the necessary steps to align the different linguistic versions of section 12, so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely as regards access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. It also requests the Government to provide information on the application of section 12 of the Law by the courts, stating the grounds of discrimination invoked, the penalties imposed and remedies provided.

Sexual harassment. In its previous comments the Committee welcomed the adoption of Law No. 59/2008 of 10 September 2008 concerning the prevention and suppression of gender-based violence, and the inclusion in Law No. 13/2009 of provisions prohibiting “gender-based violence” in employment, and direct or indirect moral harassment at work. While noting that the combination of these legislative provisions covered the two essential elements of sexual harassment at work as set out in its 2002 general observation, the Committee asked the Government to consider taking the necessary steps to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covered both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a provision specifically concerning sexual harassment and covering quid pro quo and hostile environment sexual harassment will be included in Law No. 13/2009 establishing the labour regulations, when it is revised. The Committee requests the Government to provide information on progress made in the process of the revision of Law No. 13/2009 and on any other provisions adopted on sexual harassment in employment and occupation. The Committee repeats its request for information concerning any measure taken to prevent and eliminate sexual harassment in the workplace (educational programmes, awareness-raising campaigns relating to appeal mechanisms, etc.).