Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Rwanda (Ratification: 2018)

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Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Committee welcomes the detailed first report provided by the Government. It notes the Government’s indication that the most representative organizations of employers and workers for purposes of the Convention are the Workers' Trade Union Confederation of Rwanda (CESTRAR) and the Private Sector Federation (PSF). The Government reports that the procedures which ensure effective consultations between representatives of the Government, employers and workers are established in the Prime Minister’s Order n°125/03 of 25/10/2010, which determines the mission, organization and functioning of the National Labour Council (NLC). The Government adds that the Draft Internal Rules and Regulations of the NLC were the subject of tripartite consultations in the NLC. The Committee notes that NLC is composed of equal numbers of representatives of the government, employers’ and workers’ organizations and civil society. The Committee notes with interest that section 1 of Chapter III of the Prime Minister’s Order n°125/03 establishes that at least 30 per cent of the members shall be women. According to section 3 of Chapter II of the Order, the NLC is responsible for giving advice on policies and laws regulating labour and plays a role in the settlement of labour disputes. In this regard, the NLC’s main tasks include: giving advice on bills and draft regulations concerning labour and social security; assisting in the application of laws and regulations; identifying shortcomings in the field of labour legislation and proposing amendments; and studying all labour, employment, vocational training, social security and related issues as well as the working and living conditions of workers. The Committee notes the information provided by the Government concerning the tripartite consultations held within the NLC from 2016 to 2021. Consultations were held in the NLC on, among other issues, the draft Code of Conduct for Social Dialogue and Collective Bargaining in Rwanda, and the draft Ministerial Order determining the registration and functioning of employers’ and employees’ organizations. With respect to consultations on international labour standards under Article 5(1), the Government indicates that consultations were held on reports to be submitted to the ILO under article 22 of the ILO Constitution, and on the draft Decree-Law for the approval of ILO Protocol of 2014 to the Forced Labour Convention, 1930. The Committee requests the Government to provide detailed updated information on the content, frequency and outcome of tripartite consultations held in relation to all matters concerning international labour standards covered by Article 5(1) of the Convention, concerning: questionnaires on Conference agenda items (Article 5(1)(a)); the proposals to be made in connection with the submission of the instruments adopted by the Conference to the National Assembly (Article 5(1)(b); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1) (e)).It also requests the Government to provide information on developments with respect to the possible ratification of the ILO Protocol of 2014 to the Forced Labour Convention, 1930.

Article 4(2). Training on consultative procedures. The Committee notes from the Decent Work Country Programme (DWCP) for Rwanda 2018-2022 that challenges to social dialogue include limited knowledge of ILO principles and standards on social dialogue among the tripartite constituents as well as limited negotiation skills. In this respect, the Committee notes that the DWCP includes a strategy aimed at increasing awareness and practice of social dialogue by, among other measures, building the capacity of constituents to participate in such dialogue. The DWCP 2018-2022 also indicates that the ILO will support the organization of study visits for tripartite partners to familiarize themselves with good social dialogue practices in other countries and conduct diagnostic research on the situation of social dialogue in the country. It also envisages the provision of training by the ILO to the bipartite partners in win-win negotiation skills. The Committee requests the Government to provide detailed updated information on whether arrangements have been made for the financing of any necessary training of participants in the consultative procedures. The Committee also requests the Government to provide detailed updated information on the training activities for participants in the tripartite consultations undertaken in the framework of the DWCP and the outcomes of such training.

Article 6. Annual report. The Committee requests the Government to provide updated information on the manner in which effect is given to this Article of the Convention.