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

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

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested 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 members. The Committee noted that, according to the provisions of section 114 of the new Labour Code (Act No. 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. The amount of damages applicable for acts of anti-union discrimination against trade union members or officials is not, however, specified in the Act. The Committee notes that the Government reiterates that this matter will be duly taken into account during the current revision of the Labour Code. Recalling that it is important that the forthcoming version of the Labour Code covers all acts of anti-union interference and discrimination and that it provides for sufficiently dissuasive penalties, the Committee requests the Government to provide information on any new developments in this regard and to send a copy of the Labour Code once it has been adopted.

Article 4. Promotion of collective bargaining. Referring 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 Code culminates, in cases of non-conciliation, in referral, at the initiative of the labour administration, to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee once again recalls that, in order to preserve the principle of voluntary negotiation recognized by the Convention, compulsory arbitration is only acceptable in certain specific conditions, such as in essential services in the strict sense of the term, in the case of disputes involving public servants engaged in the administration of the State (Article 6 of the Convention), or in the case of an acute national crisis. Noting the Government’s statement that its comments will be duly taken into account, the Committee trusts that the Government will take the necessary measures 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 Code provides 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 or her delegate or representatives of the labour inspection participating as advisers. In the absence of any new information from the Government on this matter, the Committee recalls that such a provision may restrict the principle of free and voluntary negotiation of the parties established by the Convention. The Committee once again requests the Government to take the necessary measures to amend section 121 of the Labour Code so as to ensure that the parties can freely determine the modalities of collective bargaining and in particular that they can decide as to whether or not a representative of the labour administration may be present.

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 Code, 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 and territorial scope of the agreement. The Committee notes the Government’s reiteration that, in practice, the extension of a collective agreement is possible only subject to in-depth tripartite consultations. The Committee requests the Government to indicate the institutional framework in which these tripartite consultations take place, and to provide information on recent extension procedures.

Collective bargaining in practice. Noting the Government’s statement that it is committed to promoting collective bargaining, the Committee trusts that measures will be taken in this direction and that the Government will provide information on the National Labour Council’s activities in the field of collective bargaining and on the number of collective agreements concluded, the sectors concerned and the number of workers covered.