CMNT_TITLE

In its previous comments, the Committee considered that, despite the comments which had been submitted by the ILO on the draft Bill, the draft amendments to the Act of 28 February 1967 issuing the Labour Code contains no provision to prohibit discrimination in employment on all of the seven grounds provided for in the Convention. The Committee takes due note of the Government's statement that the current draft text of the Labour Code eliminates any discrimination on the grounds of sex since sections 159 to 163 protect pregnant women and nursing mothers. The Committee, nevertheless, emphasizes that non-discrimination on the grounds of sex, as set out in the Convention, is not restricted only to distinctions, exclusions and preferences based on the biological characteristics and functions of women and, in this respect, refers the Government to paragraphs 35 to 40 of its 1996 Special Survey on equality in employment and occupation. The Committee also wishes to emphasize that, in addition to discrimination on the ground of sex, the Convention expressly prohibits discrimination in employment or occupation on six other grounds: race, colour, religion, political opinion, national extraction or social origin. The Committee would therefore be grateful if the Government could provide information on the measures taken to ensure the application in practice of the principle of non-discrimination in employment and occupation, as set out in the Convention and section 16 of the Constitution of Rwanda. The Committee also requests the Government to keep it informed of the progress achieved in the adoption of the new Labour Code.

As far as the situation facing disadvantaged ethnic groups and, in particular, the Batwa (Pygmies) are concerned, the Committee notes the Government's statement in which it envisages improving the situation of ethnic groups following an in-depth study of the question. The Committee, therefore, requests the Government to keep it informed of the conclusions and recommendations of this study. In the meantime, the Committee requests information, including statistics, on the situation of ethnic groups as regards access to vocational training, employment (public and private sectors) and the various occupations.

The Committee notes that the Presidential Order of 26 February 1993, by liberalizing the recruitment of workers, has invalidated the Presidential Order of 17 April 1978 respecting the organization and placement of workers and employment control. The Committee would be grateful if the Government could provide information on the effect of this new regulation on the application of its national policy to promote equality of opportunity and treatment in matters of recruitment, particularly in regard to eliminating all discrimination on the grounds of sex, race or national extraction and, where appropriate, copies of any decisions pronounced by the courts in respect of jobseekers who consider they have been victims of discrimination on one or several of the grounds prohibited by the Convention.