Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Articles 2 and 3 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing and right of organizations to organize their activities and to formulate their programmes. Civil servants. The Committee notes with interestthe Government’s indication that, according to article 49 of Law No. 017/2020 of October 2020 establishing the general statute governing public servants, a public servant may establish or join a trade union of his or her choice in accordance with the relevant legislation. The Committee also notes that according to articles 3 and 4 of the Law, a public institution may request to be governed by a special statute, established by a Prime Minister’s Order. While the special statute is limited to certain modalities laid out in article 4, the Committee notes that the competent authorities may allow these modalities to include any other additional element, except for the salary and benefits. The Committee requests the Government to indicate whether special statutes have been established regarding any specific category of public servants and if they contain specific limitations. The Committee further requests the Government to take the necessary measures, in consultation with the social partners, to amend article 4, so as to ensure that the establishment of a special statute does not deprive public servants of their rights under the Convention.

Right to elect representatives freely. Time limits for registration. Judicial record. The Committee notes that according to Ministerial Order No. 02/MIFOTRA/22 of August 2022, the time frame to process the application for the registration of a trade union or an employers’ organization has been reduced from 90 days to 60 days. The Committee considers, however, that this still represents a lengthy registration procedure which may constitute a serious obstacle to the establishment of organisations without prior authorisation, as set forth under Article 2 of the Convention. The Committee therefore requests the Government to consider revising Ministerial Order No. 02/MIFOTRA/22 of August 2022 regarding registration of trade unions and employers’ organizations with a view to further reducing the registration period such that it does not amount to a requirement of “previous authorisation,” and to provide information on all developments in this regard.

The Committee recalls that it had previously requested the Government to amend section 3(5) of Ministerial Order No. 11 of September 2010, according to which, an occupational organization of employers or workers, in order to be registered, has to be able to prove that its representatives have never been convicted of offences with sentences of imprisonment equal to or over six months. The Committee notes that the Government reiterates that a person who leads others is required to prove his or her integrity and that a person who committed a crime punishable for at least six months is no longer a person with integrity. The Committee recalls once again that the conviction for an act which, by its nature, does not call into question the integrity of the person and implies no real risk for the performance of trade union duties should not constitute grounds for exclusion from trade union office. The Committee therefore requests once again that the Government take the necessary measures, in consultation with the social partners, to amend section 3(5) of Ministerial Order No. 11, in line with the above.

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