Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Rwanda (Ratification: 1981)

Articles 1 and 2 of the Convention. Legislation. Excluded workers. Public service. With regard to the protection of public service workers, the Committee notes the Government’s affirmation that public service workers are protected against all forms of discrimination and its reference in this regard to the Constitution, which prohibits all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural or linguistic difference, social situation, physical or mental disability or any other grounds, and provides that all discrimination shall be punishable by law (Section 11). The Government reiterates the information provided previously concerning the measures taken by the Civil Service Commission (CFP) to raise awareness of and prevent discrimination and indicates that none of the 321 appeals handled by the CFP between 2010 and 2014 in relation to recruitment and employment involved discrimination. While recognizing the importance of the constitutional provisions that prohibit discrimination, the Committee requests the Government to indicate the manner in which, in practice, public service employees who may be victims of discrimination in employment and occupation can assert their right to non-discrimination on the basis of these provisions, indicating the applicable procedure and specifying whether it has been used in practice. Please continue to provide information on the special appeal procedures against acts of discrimination referred to the CFP, number of appeals, grounds of discrimination cited, outcome of cases, compensation and penalties.

Article 2. Promotion of equality of opportunity and treatment between boys and girls. Access to education and training. The Committee notes with interest the efforts made by the Government in relation to equality of access to education and training. It notes in particular the various measures and initiatives adopted to encourage girls and women to take subjects that lead to jobs in the scientific and technical sectors traditionally occupied by boys and men, thereby effectively combating horizontal (by sector) and vertical (by job level) occupational gender segregation. The Committee also notes the positive results obtained in terms of school attendance by children from poor families, especially girls, based on the nine years of free school and the measures taken to build adequate sanitary facilities in schools in order to avoid lateness, absenteeism and students dropping out of school. The Committee requests the Government to continue providing information on the measures taken to encourage the access of girls to education and to diversify and extend the training available to girls and boys.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee notes with interest the adoption of Act No. 32/2016 of 28 August 2016 on individuals and families, which repeals and replaces the Civil Code, including the provisions that had a negative impact on gender equality in employment, and in particular section 206 of the Civil Code (“the husband is the head of the household”). The new Act provides that “spouses shall have the same rights and duties” (section 206) and that they shall jointly manage the household (section 209). Section 55 specifies that the marital home shall be chosen by common agreement on the part of the spouses, whereas previously a married woman took the legal domicile of her husband. The Committee also notes the information provided by the Government on the institutional mechanisms competent in the area of gender equality, particularly the Gender Observatory and the gender focal points in ministries and institutions. The Committee also notes the Government’s reference to the drafting and adoption of a strategic plan for the employment of women, although it has not provided information on its implementation or impact. Turning more particularly to the agricultural sector, the Committee notes that at the national level, according to the 2012 data provided by the Government in its report, around 70 per cent of women who work are self-employed agricultural workers (compared with around 55 per cent of men). It also notes that a gender strategy for agriculture was adopted in 2010 to contribute to reducing poverty and promoting sustainable development by facilitating the creation of jobs and the economic empowerment of women, and that a gender analysis was carried out in the agricultural sector to identify difficulties and shortcomings in all agricultural programmes. The Committee requests the Government to provide information on the initiatives and action relating specifically to equality in employment and occupation undertaken by institutions responsible for gender issues. The Committee requests the Government to provide information on the results obtained following the implementation of the strategic plan for the employment of women and the gender strategy for agriculture with a view to promoting gender equality in employment and occupation, particularly through the creation of sustainable and income-generating jobs for women and men.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while recalling that the concept of ethnicity is not relevant in the Rwandan context, indicates once again that it recognizes the particular situation of certain vulnerable populations designated as “historically marginalized groups”, for whom housing, health, education and employment measures have been adopted to improve their living conditions and integration into Rwandan society at all levels. The Committee notes the Government’s indications that a public works policy has provided work for more than 104,000 households (as of 30 June 2014). Since 2008, income-generating projects have been implemented in agriculture, livestock and pottery to assist marginalized and vulnerable groups. While noting the efforts made by the Government to combat the serious poverty faced by “historically marginalized groups” and to improve their living conditions, the Committee requests the Government to:

• (i) develop more initiatives and activities to prevent and combat the stigmatization and stereotypes of which these populations, including the Batwa, are victims;
• (ii) encourage and ensure their integration into the labour market on an equal footing with the other sectors of the Rwandan population, especially by improving their access to education and vocational training;
• (iii) take the necessary measures to give the Batwa people access to land and resources to enable them to practice their traditional occupations.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee recalls that women are greatly outnumbered by men in the six highest categories of the public service, while they make up the majority of general service employees. Noting that the Government’s report does not contain information on this issue, the Committee once again requests the Government to indicate the measures taken, in the framework of the national gender policy or in any other context, to promote equality of opportunity for men and women and access by women to higher category posts in the public service, in particular management positions and positions with career prospects.

Statistics. The Committee requests the Government to continue providing 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.