Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 81) sur l'inspection du travail, 1947 - Rwanda (Ratification: 1980)

Articles 1, 4, 6, 7, 10, 11, 16, 19, 20 and 21 of the Convention. Application of the Convention in the framework of the decentralization of labour inspection. The Committee takes note of Act No. 13/2009 of 27 May 2009 on regulating labour in Rwanda which contains provisions on the functions and powers of labour inspectors.

In its previous comments, the Committee expressed concern at the risk of weakening the labour inspection system following the decentralization of its functions and responsibilities as long as the decentralization was not accompanied by the transfer of corresponding resources, as well as by measures ensuring equal protection for the workers concerned throughout the territory.

The Committee notes that according to the Government’s report: (i) the state budget for labour inspectors has been decentralized at district level and is now determined at that level; (ii) labour inspectors at district level, currently in the number of one inspector per district, are placed under the supervision of the prefect or the mayor; (iii) the labour inspectorate is to remain “dependent” on the Labour Directorate at national level (section 157 of Act No. 13/2009) which is in fact composed of a single National Labour Inspector and has an obligation to assist labour inspectors through capacity building, technical supervision, training, transport, logistical facilities and communication; and (iv) the recruitment of labour inspectors is to take place at district level.

The Committee observes once again with concern that such a reform contravenes seriously the requirements of the Convention, in particular with regard to important provisions such as Articles 1, 4, 19, 20 and 21, since in each district a single labour inspector is placed under a local authority which does not have the specific competence necessary to supervise technically or ethically the performance of labour inspection activities.

With regard to Articles 10 and 11 of the Convention relating to human resources and material means to allow an efficient functioning of the labour inspection system, the Committee once again recalls that according to paragraph 140 of the 2006 General Survey, the decentralization of the labour inspection system (in the form of the designation of a central authority in each constituent unit of a federal State) may be acceptable under Article 4 only if these units have the budgetary resources necessary for implementing the functions of the labour inspectorate within their respective jurisdictions. In this case, the decentralization of labour inspection means its dismantlement as it happens in the framework of a situation characterized by a general and chronic inadequacy of resources, with the risk that available resources differ substantially from one province to another, thus influencing not only the volume and quality of inspection activities, but also the ability of inspectors and local inspection offices to fulfil their obligations to report to the Minister, as envisaged in Article 19, so as to allow for the exercise of his/her prerogatives in respect of supervision for the purposes of a general assessment through the annual report requested by Articles 20 and 21. Finally, any instruction of a policy or technical nature addressed by the Minister of Labour to the provincial labour inspectors with a view, among other things, to ensuring consistency among provinces, strongly risks remaining a dead letter in case the budget allocated to labour inspection depends on the decision of the local prefect or mayor.

The Committee also emphasizes that the provision of adequate budgetary resources is essential to ensuring that inspection staff is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences (Article 6).

The Committee requests the Government to take all necessary measures without delay for the establishment of a functioning system of labour inspection placed under the control of a central authority and endowed with resources determined on the basis of a needs assessment (number and geographical distribution of workplaces liable to labour inspection, numbers of the workforce occupied therein, major branches of activities, etc.) in the framework of the national budget and, where needed, by recourse to external cooperation. The Committee requests the Government to report in detail to the ILO on the measures taken or envisaged in this regard.

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