Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Rwanda (Ratification: 1988)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received 31 August 2014 and 1 September 2014. It requests the Government to send its comments.

The Committee notes the recent adoption of the new law on the general status of public service (Act 86/2013 of 11 September 2013) and requests the Government to clarify its impact on the rights protected in the Convention in Articles 1, 2 and 4.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Articles 1 and 2 of the Convention. Anti-union discrimination and interference. In its previous comments the Committee asked the Government to take steps to establish sufficiently dissuasive penalties for acts of anti-union interference and discrimination particularly concerning the amount of legal compensation of trade union affiliates. The Committee noted that, according to the provisions of section 114 of the new Labour Law (Law 13/2009), any act which infringes the provisions providing protection against acts of discrimination and interference should constitute an offence and incur the payment of damages. In this regard the Committee requested the Government to provide further information on the amount of damages applicable for acts of discrimination against trade union members or officials, other than the dismissal of trade unions representatives established in article 33 of the Labour Law. The Committee notes that, according to the government report, such acts can be punished by a term of imprisonment not exceeding two months and a fine ranging from 50,000 to 300,000 Rwandan francs (RWF) (approximately between US$80 and $480) (section 169 of the Labour Law). The Committee notes that the Government recognizes in its report that the Law 13/2009 does not specify the amount of damages applicable to acts of anti union discrimination against trade union members or officials; this issue will be addressed accordingly in reviewing the Labour Code by making clear that the amount of damages provided under article 33 of the Labour Law can also apply to acts of discrimination against trade union members or officials. The Committee requests the Government to provide information on any developments in this regard and underlines the importance that the future version of the Labour Law applies to all acts of anti-union discrimination and interference in respect of compensation. The Committee further requests the Government to provide information on the application in practice of the sanctions established in Law 13/2009.

Article 4. Collective bargaining and arbitration. With reference to its previous comments concerning compulsory arbitration in the context of collective bargaining, the Committee noted that the collective bargaining dispute settlement procedure provided for in section 143 ff. of the Labour Law culminates, in cases of non-conciliation, in referral to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee recalls once again that, except for the cases of public servants engaged in the administration of the State and essential services in the strict sense of the term, arbitration imposed by authorities is contrary to the principle of voluntary negotiation of collective agreements established by the Convention, and thus the autonomy of bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee once again requests the Government to take the necessary steps to amend the legislation in such a way that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to arbitration or to the competent legal authority only with the agreement of both parties.

Moreover, with reference to its previous comments, the Committee noted that section 121 of the Labour Law provided that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his/her delegate or representatives of the Administration participating as advisers. The Committee notes that, according to the Government’s report, such a commission is made up of an equal number of employers’ and workers’ organizations so that negotiations are carried out on an equal footing and the outcome of the negotiations finally reflects the agreement of both parties, and that this provision could rather promote the negotiation of collective agreements. Nevertheless, the Committee recalls once again that such a provision may restrict the principle of free and voluntary negotiation of the parties established by the Convention. The Committee requests the Government to take the necessary measures to amend section 121 of the Labour Law so that the joint committee to negotiate a collective agreement operates without the presence of a representative of the labour administration.

With regard to the question of the extension of collective agreements, the Committee in its previous observations noted that, under section 133 of the Labour Law, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational territorial scope of the agreement. The Committee notes that, according to the Government’s report, in practice the extension of a collective agreement can be possible only subject to in-depth tripartite consultations. The Committee requests the Government to take the necessary measures to ensure that extension of collective agreements is not done unilaterally.

Collective bargaining in practice. Finally, in its previous comments, the Committee requested the Government to supply information on the activities of the National Labour Council with regard to collective bargaining, on the number of collective agreements concluded, and on the sectors and numbers of workers covered. The Committee notes that, according to the Government, one collective agreement was signed on 1 January 2012 between the Congress of Labour and Brotherhood of Rwanda (COTRAV) and the Workers’ Trade Union Confederation of Rwanda (CESTRAR) and, on the other hand, the Rwandan Society for Tea Production and Commercialization (SORWATHE Ltd) covering between 700 and 1,000 workers in the tea sector. The Government adds that the two abovementioned trade unions have sent their representatives to the National Labour Council. The Committee also notes that, according to the Government, the National Labour Council is a tripartite organism whose responsibilities are giving advice on bills and draft regulations concerning labour and social security, assisting in the application of laws and regulations, identifying all the shortcomings in the field of labour laws and proposing amendments, among others. The Committee underlines the need to further promote collective bargaining and again requests the Government to take measures in this direction and to provide information on the National Labour Council’s activities in the field of collective bargaining and on the number of collective agreements concluded, including the number of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.