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

Repetition

Legislation. Scope of application. In reply to the Committee’s previous comment concerning the protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 by virtue of section 3 thereof – other than public service employees – the Government indicates that workers in family businesses are covered by the provisions of Act No. 13/2009 relating to safety and health at work, child labour and maternity, and that workers in the informal economy are covered by the provisions relating to social security, trade unions and occupational safety and health. While noting these indications, the Committee requests the Government to clarify the legislative or regulatory provisions specifically relating to discrimination which apply to these workers or, in the absence of such legal provisions, to indicate the manner in which they are protected in practice against discrimination in employment and occupation on all the grounds enumerated in the Convention. Noting the Government’s assurances that the discrepancies between the translations of Act No. 13/2009 highlighted by the Committee in its previous comment will be examined and corrected when this Act is revised, the Committee requests the Government to provide information on any measures taken to this end.

As regards the protection of officials against any act of discrimination in practice, the Committee notes that the Civil Service Commission (CFP) has adopted a set of measures in this respect. It notes that media campaigns, workshops, conferences and training sessions have been held on a regular basis to raise the awareness of officials and human resources managers with regard to discrimination issues during recruitment and employment. The Committee further notes that the CFP has been tasked with formulating rules for the management of staff according to the “zero tolerance” principle as regards discrimination and that it is conducting regular audits of the management procedures for recruitment. According to the Government, the CFP is encouraging candidates for employment and officials who are victims of discrimination to refer such cases to them and has established special appeal procedures. In addition, the CFP has set up a freephone number for employees and the general public to enable them to report any act of discrimination in the workplace. In the absence of legislative provisions designed to protect civil service employees against discrimination, the Committee requests the Government to continue to provide information on the practical measures taken towards this end. It also requests the Government to indicate whether staff management rules containing specific provisions on discrimination have been adopted by the Civil Service Commission (CFP) and to provide detailed information on the operation of the special appeal procedures against acts of discrimination referred to the CFP (number of appeals, grounds of discrimination cited, outcome of cases, compensation granted, penalties imposed, etc.).

Article 2 of the Convention. Equality between men and women. Access to education. The Committee notes the information supplied by the Government concerning the measures taken to promote education for girls as part of the policy and strategic plan established by the Ministry of Education (free schooling for nine years, scholarships, etc.). It further notes the adoption in 2012 of a new national gender policy, which provides, among other things, for the implementation of measures combating the social, cultural and economic factors that obstruct the participation of girls and women at all levels of education, particularly in fields traditionally occupied by men. The Committee requests the Government to continue to supply information on the measures implemented in the context of the national gender policy and the policy for the education of girls in order to encourage access for girls to basic education and to enable them to pursue studies at secondary level and in higher education, and on the measures taken to diversify and increase the provision of training for girls and boys, particularly by combating gender-based prejudice and stereotypes. The Government is also requested to provide information on the impact of these measures on access for women and men to paid employment and various occupations, including in agriculture.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee welcomes the numerous measures adopted by the Government in recent years to foster gender equality in employment and occupation and promote greater autonomy for women in economic terms, especially as regards access to credit and land. The Committee welcomes the establishment of a guarantee fund for women and the adoption of Organic Act No. 08/2005 of 14 July 2005 regulating land ownership in Rwanda, section 4 of which prohibits any form of discrimination on the basis of sex with regard to access to land and the enjoyment of land rights and states that men and women have equal rights regarding land ownership. The Committee also notes the indication in the Government’s report that a strategic plan for the employment of women has been adopted. However, it notes that, according to the information in the introduction of the new national gender policy adopted in 2010, many women work in the informal economy and most women in employment occupy low-level unskilled jobs. It also notes with respect to employment in the private sector, that the 2010 gender policy provides for the adoption of measures aimed at improving the access of women to positions of responsibility in all sectors and to technical jobs and for the dissemination of better information on job opportunities to women. Provision has also been made for the adoption of legislation aimed at combating discrimination in the field of employment. The Committee requests the Government to provide information on the implementation of the national gender policy in employment and occupation, indicating the steps taken to promote gender equality and combat vertical and horizontal gender segregation in the labour market, and also information on the impact of these measures in practice. The Government is also requested to provide information on any legislation adopted to combat gender discrimination in employment and occupation and to provide a copy of the strategic plan for the employment of women.

Furthermore, as regards section 206 of the Civil Code, which states that “the husband is the head of the household”, and its negative impact on gender equality in employment, the Committee notes the Government’s indication that the proposed amendments to discriminatory legislation submitted by the Ministry for Gender and Promotion of the Family have been examined in the context of the revision of the Penal Code, which is due to be promulgated soon, and the Family Code, which is currently before Parliament. The Committee requests the Government to provide information on the new provisions adopted concerning gender equality in the context of the revision of the Penal Code and the Family Code and to specify which discriminatory provisions such as section 206 of the Civil Code, have been repealed.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while stating that the concept of ethnicity is not relevant in the Rwandan context, indicates that it recognizes the particular situation of certain vulnerable population groups designated as “historically marginalized groups” and that it has adopted a series of measures to improve their living conditions. The Government adds that development and poverty reduction programmes, such as the “Umurenge Vision 2020” programme, are aimed at all Rwandans living in poverty and that all Rwandans, including historically disadvantaged persons, have equal access to education and employment. Regarding the particular situation of the Batwa people, who form part of the “historically marginalized groups”, the Committee notes that, according to the report of the Independent Expert on Minority Issues concerning her mission to Rwanda from 31 January to 7 February 2011, many Batwas are landless agricultural labourers or, lacking paid employment, exist through begging or charity, and many of them live in extreme poverty (A/HRC/19/56/Add.1, 28 November 2011, paragraph 63). This report also indicates that Batwa communities face widespread discrimination, especially in employment, and have no viable means of subsistence, and that the assistance programmes established by the public authorities have not had any positive impact for the Batwas as a whole. Furthermore, according to the Independent Expert, Batwa children experience significant obstacles to their right to education relative to other population groups, including low-levels of enrolment, particularly at the post-primary level (CA/HRC/19/56/Add., paragraph 69). The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 19 April 2011, expressed concern at the persistence of negative stereotypes with regard to the Batwas and at the weak impact of the measures taken in their favour, and recommended the adoption of measures aimed in particular at facilitating and guaranteeing Batwa children’s access to education without discrimination, developing training and apprenticeship opportunities for the Batwas with a view to facilitating their integration in the labour market and combating the stereotypes and discrimination of which they are victims (CERD/C/RWA/CO/13-17, 19 April 2011, paragraph 16). While welcoming the Government’s efforts to combat poverty through assistance programmes for certain population groups, the Committee requests the Government to indicate the measures taken to improve access for “historically marginalized groups”, in particular the Batwa communities, to education, including higher education and vocational training, employment and particular occupations, stating the steps taken to give the Batwas access to land and resources to enable them to practise their traditional occupations. The Committee also requests the Government to supply information on the manner in which the programmes implemented by the Government are evaluated and also on the impact of the measures taken with regard to the overall socio-economic situation of the Batwa communities.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee notes the statistical data provided by the Government concerning the representation of women in key public posts at central and decentralized levels (2011) and data on the percentage of women in the public service by category (2010). It notes in particular that 38.4 per cent of senators, 56.25 per cent of deputies, 42 per cent of ministers, 50 per cent of Supreme Court judges and 70 per cent of High Court judges are women. However, at the local level, very few women are district mayors (9.6 per cent). Moreover, statistics on the composition of the public service show that women are greatly outnumbered by men in the six higher categories but account for nearly 61 per cent of staff in the general services. The Committee requests the Government to indicate the measures taken, including in the context of the national gender policy, to promote equal opportunities for men and women and the access of women to posts in the higher categories of the public service, particularly managerial posts with career prospects.

Parts III and IV of the report form. Enforcement. The Committee again requests the Government to provide information on any cases of discrimination in employment or occupation addressed by the labour inspectorate, the National Human Rights Committee, the Ombudsperson or the courts and the results thereof. The Government is also requested to provide extracts from inspection reports and court decisions dealing with discrimination in employment and occupation.

Part V of the report form. Statistical information. The Committee welcomes the established by the National Institute of Statistics, in collaboration with the Gender Observatory, of a general framework for statistics disaggregated by sex (GSF) aimed at enabling an evaluation of the situation of men and women in various fields, and welcomes the importance given by the Gender Observatory to the collection and dissemination of statistics disaggregated by sex and to the promotion of the use of such statistics vis-à-vis those responsible for formulating and implementing policies and measures relating to gender equality. The Committee requests the Government to continue to provide statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.