Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Rwanda (Ratification: 1988)

The Committee notes the Government’s reply to the comments of the International Trade Union Confederation (ITUC), received in 2008, concerning matters already raised by the Committee relating to the status of public servants and the exercise of the right to strike.

The Committee also notes the adoption of Law No. 13/2009 of 27 May 2009, issuing the new Labour Code.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted that: (1) articles 11, 33, 35, 36, 38 and 39 of the Constitution of 4 June 2003 guarantee freedom of expression and association for State employees, as for all other citizens; (2) Law No. 22/2002 of 9 July 2002, on the General Statute for the Rwanda public service, is silent on the right of public servants to organize and to collective bargaining, although section 73 of the Law provides that public servants and the staff of public enterprises enjoy rights and freedoms on the same basis as other citizens; (3) the procedures for the implementation of section 73 of Law No. 22/2002 are still to be determined, and the scope of the relevant provisions of the Labour Code respecting occupational organizations need to be extended to state officials; and (4) although the Government indicated that there are unions of public servants in Rwanda, the legal void as regards the right to organize of this category of workers could give rise to problems in practice. The Committee notes that, under the terms of section 3 of the new Labour Code, “every person employed under the general statutes for the Rwanda public service or every person under specific statutes shall not be subject to the provisions of this law, except for matters that may be provided for by Prime Minister’s orders”. It further notes that, according to the Government’s report, the process is under way of revising the General Statute governing public civil servants. The Committee recalls that public servants shall enjoy the right to establish and join organizations of their own choosing to further and defend their interests. The Committee trusts that the revision of the General Statute governing public civil servants will be completed in the near future and that it will take duly into account the above principle so as to ensure that public servants enjoy the guarantees laid down in the Convention. It requests the Government to provide a copy of the Law once it has been adopted.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes in full freedom. The Committee notes that section 155(2) of the new Labour Code refers to an order of the Minister responsible for labour to determine “indispensable services” and the conditions of exercising the right to strike in these services. In its report, the Government indicates that the order is prepared following consultations with the National Labour Council and that the text is still at the draft stage. The Committee requests the Government to provide a copy of the order once it has been adopted.

The Committee observes that, under the terms of section 124 of the Labour Code, any organization requesting recognition as the most representative organization has to authorize the labour administration to check the register of its members and property. In this respect, the Committee recalls that the control exercised by the public authorities over trade union finances should not go beyond the requirement for the organizations to submit periodic reports. The Committee trusts that the Government will take the necessary measures to amend section 124 of the Labour Code taking into account the above principle.

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