CMNT_TITLE

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

Other comments on C111

Observation

Direct Request

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Articles 1 and 2 of the Convention. Protection against discrimination. Legislation.Private sector. The Committee notes that section 9 of the Law regulating labour in Rwanda (Law No. 66/2018), adopted on 30 August 2018, prohibits employers to discriminate against employees on the basis of “ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural difference, language, physical or mental disability or any other form of discrimination”. The Committee notes that the grounds of “national extraction”, “political opinion” and “origin”, which appeared in the previous Law regulating labour, are no longer explicitly prohibited in the new Law regulating labour (Law No. 66/2018), and that this law does not specify the scope on the non-discrimination provisions. Therefore, the Committee asks the Government to indicate whether the prohibition of discrimination in section 9 of Law No. 66/2018 covers:

(i)both direct and indirect discrimination; and
(ii)all stages of employment and occupation, including recruitment, in accordance with Article 1(3) of the Convention.

It also asks the Government:

(i)to explain the reasons why “national extraction”, “political opinion” and “origin” were removed from the list of explicitly prohibited discrimination grounds;
(ii)to consider, when revising the Law regulating labour, including in section 9 a reference to the grounds of “national extraction”, “political opinion” and “social origin”, set out in Article 1(1)(a) of the Convention; and
(iii)to indicate if, and on which legal basis, discrimination based on “political opinion”, “national extraction” and “social origin” in employment and occupation was ever reported by workers or labour inspectors and dealt with by the courts.

Public sector. The Committee recalls the Government’s statement in its previous comment 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 Committee notes the adoption of the Law establishing the general statute governing public servants (Law No. 017/2020) of 7 October 2020, which does not include any legal provisions defining and prohibiting discrimination based on the grounds enumerated by Article 1(1)(a) of the Convention or any other grounds under Article 1(1)(b). The Committee asks the Government:

(i)to indicate how the protection of public servants against direct and indirect discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin, in accordance with Article 1(1)(a) of the Convention, is ensured in practice, for example through training or awareness-raising, helplines, guidelines or codes of conduct; and
(ii)to specify how public servants who may be victims of discrimination in employment and occupation, including at the recruitment stage, can assert their right to non-discrimination on the basis of the provisions of the Constitution and the Law establishing the general statute governing public servants (Law No. 017/2020), indicating the applicable procedure and specifying whether, and how, it has been used in practice.

Discrimination based on sex. Sexual harassment. The Committee recalls the Government’s commitment in its 2018 report to a zero-tolerance policy to gender-based violence and sexual harassment. While welcoming the inclusion in Law No. 66/2018 of provisions prohibiting any form of sexual harassment as well as retaliation in case of reporting or testifying on a case of sexual harassment (section 8), the Committee regrets that the new law: (1) does not contain any definition of sexual harassment; (2) prohibits sexual harassment only against a subordinate employee; and (3) does no longer contain provisions prohibiting and defining “gender-based violence in employment” and “moral harassment at work”. The Committee notes however that the Law determining offences and penalties in general (Law No. 68/2018), adopted on 30 August 2018, defines “sexual harassment” as“repeated remarks or behaviour of sexual overtones towards a person that either undermine, violate his/her dignity because of their degrading or humiliating character which create against him/her an intimidating, hostile or unpleasant situation”. To address effectively all forms of sexual harassment, the Committee asks the Government to take the necessary steps to modify section 8 of Law No. 66/2018 to ensure that:

(i)sexual harassment is prohibited not only against subordinate employees but also trainees, co-workers, superiors, clients, providers, etc.; and
(ii)the protection against sexual harassment covers explicitly all persons mentioned before, male and female, with respect not only to employment and occupation, but also vocational education and training, access to employment (recruitment) and conditions of employment.

It also asks the Government to consider:

(i)modifying the Law determining offences and penalties in general (Law No. 68/2018) to remove element of repetition in the definition of sexual harassment; and
(ii)including in Law No. 66/2018 a clear and comprehensive definition of sexual harassment in employment and occupation, which covers both quid pro quo and hostile working environment sexual harassment at all stages of employment.

Finally, the Committee asks the Government to provide information on:

(i)any practical measures adopted to address sexual harassment in employment and occupation, such as codes of conduct or guidelines, help lines, legal assistance or support units to assist victims, training for the employers’ and workers’ organizations and labour inspectors or awareness-raising campaigns; and
(ii)the number, nature and outcomes of cases of sexual harassment in employment and occupation detected by or reported to labour inspectors and dealt with by the courts.

Article 2. Promotion of equality of opportunity and treatment for men and women, including access to vocational education and training. The Committee notes the information provided by the Government in its 2018 report on the measures taken to encourage access to and maintenance of girls in education (grants, school constructions, rewards, etc.) and to diversify their training, in particular the Technical Vocational Education and Training (TVET) Policy, adopted in July 2015. The Committee further notes that the “promotion of gender equality and equity in education” to address the remaining gender gaps in TVET, Science, Technology, Engineering and Maths (STEM) and tertiary education, as well as “equal access and control of productive resources and economic opportunities for women and men, boys and girls” are part of the priorities set out in the Revised National Gender Policy (RNGP) adopted in February 2021 by the Ministry of Gender and Family Promotion. The Committee also notes the Government’s indication that, according to the Labour Survey, women accounted for 46 per cent of the labour force and 27 per cent of women occupied managerial positions; and their share in non-agricultural employment was 33 per cent. It further notes that the Government refers to: (1) the National Strategy for Transformation (NST1) (2017-2024) – in its 2018 report, which identify the “support and empowerment of women to create business through entrepreneurship and access to finance”, as a key strategic intervention; and (2) to the Revised National Employment Policy, 2019 - in its 2021 report, which seeks to promote entrepreneurship and business development especially for youth and women and to enhance women’s employability and promoting equal access to productive resources (such as land, finance and other resources). The Committee also recalls that Act No. 32/2016 of 28 August 2016 on individuals and families repealed and replaced the Civil Code, in particular provisions that had a negative effect on gender equality. Noting that section 9 of Law No. 66/2018 provides that “[a]n employer must give employees equal opportunities at the workplace”, the Committee asks the Government to provide detailed information on the measures taken, and the results achieved through the implementation of the above policies strategies:

(i)to encourage and support girls and boys to diversify their fields of study and pursue their studies in tertiary education; and
(ii)to facilitate the access of women to the labour market in a wider range of jobs at all levels, in particular in managerial positions, and to entrepreneurship and productive resources.

It also asks the Government to indicate if any analysis or studies were undertaken on the impact on gender equality in employment of the adoption of Act No. 32/2016 of 28 August 2016 on individuals and families, which repealed and replaced the Civil Code, and if so, to provide information on their findings. Finally, the Committee asks the Government to provide statistics, disaggregated by sex, on:

(i)the school attendance of boys and girls at all levels of education; and
(ii)the participation of men and women in employment, including in managerial positions, in all sectors of the economy.

Measures to promote equal access of “historically marginalized populations”, including Batwa people, to education, training and employment. The Committee notes the Government’s statement in its 2018 report that the Rwandan people share one culture, one language and live together, sharing the same vision and aspirations and, against this background, the concept of ethnicity cannot be relevant to the Rwandan context. According to the Government, “historically marginalized groups”: (1) are not treated as a separate or standing alone group of Rwandese; (2) are given equal respect and treatment as the rest of the Rwandan people; and (3) cannot be assimilated with the Batwa and vice-versa, as there is no clear indicator for measurement. The Committee notes that legal and policy reforms to address the situation of some vulnerable people under the category of “historically marginalized populations” were put in place (free education, health insurance, shelter schemes, etc.) to improve their standard of living and integrate them in the society at all levels. The Government adds that it supports these populations in formal education and vocational training to empower them so that they are competitive on the labour market on an equal footing with the other sectors of the Rwandan population. Noting this information, the Committee asks the Government:

(i)to specify the groups covered by the term “historically marginalized populations”;
(ii)to provide information on the action undertaken to enable them to access to education and training, to integrate the labour market on an equal footing with the other sectors of the Rwandan population and/or to practice their traditional activities (including access to land) and as well as information on any assessment made of the results achieved; and
(iii)to take appropriate steps to prevent and combat the stigmatization and negative stereotypes against such populations, including the Batwa.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee notes from the Government’s report that several measures and initiatives were taken to address occupational gender segregation in the public service, such as the 30 per cent quota for women in decision making organs, the mobilization of women through the National Women Council to compete for higher positions and institutional women’s capacity building measures. The Committee asks the Government to provide information on the results of the above measures and mechanisms on the recruitment of women at higher levels in the public service (in management positions and positions with career prospects), including statistical data.