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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Legislation. The Committee would like to draw the Government’s attention to the differences in translation between the French, Kinyarwanda and English versions of section 12 of Act No. 13/2009 of 27 May 2009 regulating labour (non-discrimination criteria). The English and Kinyarwanda versions both contain a reference to “salary” (“salary” and “umushahara” respectively), while the French version refers to “treatment” (“traitement”) in the sense of equal treatment. In so far as the Act specifies that it was initiated in French and then examined and adopted in Kinyarwanda (section 172), the Committee would be grateful if the Government would clarify the content of section 12 of the Act of 2009 regulating labour in its next report.

Assessment of the gender wage gap. Statistics. In its previous comments, the Committee asked the Government to provide the results in respect of the remuneration received by men and women workers, of the labour force survey which was carried out in 2006 and mentioned in the Government’s previous report received in 2006. However, in its report of 2009, the Government indicates that it undertakes to carry out this survey and that the results will be provided as soon as they are available. Referring to its 1998 general observation, the Committee would once again like to stress the importance of providing the most detailed information possible to allow an adequate evaluation of the nature, extent and causes of the pay differential between men and women, and of the progress achieved in implementing the principle of the Convention. The Committee therefore asks the Government to indicate whether the survey has indeed been carried out or whether there are plans to do so, and to provide any information gathered, as well as any statistics available allowing a comparison of remuneration of men and women in the same sector of activity and in different sectors of activity.

Minimum wage fixing. With regard to the determination of the guaranteed inter-occupational minimum wage (SMIG), noting that the Government refers to its previous report, the Committee therefore concludes that the Ministerial Order determining the SMIG, the draft of which was provided to the ILO in 2006, has not yet been adopted. The Committee also notes that, under section 76 of the Act of 2009 regulating labour, “the guaranteed minimum wage (SMG) according to occupational category shall be determined by order of the minister responsible for labour following collective consultation with the bodies concerned”. In this regard, the Committee would like to draw the Government’s attention to the need to use, when determining minimum wages, methodology and criteria which are free from any gender bias, and to ensure that rates of remuneration in occupations dominated by women are not set below the level of the rates applied to occupations dominated by men carrying out work of equal value. The Committee asks the Government to indicate in its next report:

(i)    whether the Ministerial Order determining the SMIG – the minimum wage common to all occupations – has been adopted; and

(ii)   whether the SMG by occupational category has been determined by Ministerial Order and, if so, the method and criteria used to determine these rates, indicating, in particular, whether the value of the work was used as the reference point for determining them.

The Government is also requested to provide copies of the texts adopted on this matter.

Application of the principle of equal remuneration by means of collective agreements. The Committee notes that the Government’s report provides no indication of the existence of collective agreements determining wages. Noting that, according to section 120(d) of the 2007 Act regulating labour, collective labour agreements shall refer to the wages applicable by occupational category, the Committee asks the Government to provide a copy of any collective agreement containing clauses determining wages and giving expression to the principle of equal remuneration for men and women for work of equal value. The Government is also requested to provide information on any measures taken or envisaged, during the negotiation or renegotiation of the clauses relating to wages, to encourage the social partners to include in the collective agreement concerned a clause relating to the abovementioned principle of equal remuneration, to take steps to carry out an objective job evaluation and to avoid the use of gender stereotypes and gender bias, in particular with regard to certain occupations perceived as “female”, the value of which could be undervalued in comparison with occupations dominated by men.

Application. Labour inspection. The Committee notes that the Government indicates in its report that labour inspectors have received some training, but that it would like to receive technical assistance from the Office to develop these training and awareness-raising activities. While encouraging the Government to continue its efforts in this regard, the Committee asks to be kept informed of the steps taken to obtain technical assistance from the ILO.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 2(2)(a) of the Convention. Application of the principle of equal remuneration for work of equal value. Legislation. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda. It notes that the new Act refers to the present Convention in its Preamble and that it contains a definition of the expression “work of equal value” (section 1.9). However, it notes that this definition is too narrow to give full effect to the provisions of the Convention since it refers to “similar work”, and further, that the new Act contains no substantial provisions prescribing “equal remuneration for work of equal value”. Furthermore, the Committee notes that the Government mentions in its report article 11 of the Constitution which prohibits any discrimination in general, and notes that article 37 of the Constitution specifies that “every person having equal competence and capacity shall have the right, without any discrimination, to equal pay for equal work”. Referring to its previous comments, the Committee notes with regret that the Government has not taken the opportunity to give full legislative expression to the principle of equal remuneration for work of equal value within the meaning of the Convention.

While it is important to prohibit discrimination on the basis of sex in employment, this is not sufficient to ensure the full application of the principle of equal remuneration pursuant to the Convention. Referring to its general observation of 2006, in which it clarifies the meaning of the concept of “work of equal value” under the Convention, the Committee would like to stress that, whilst this concept encompasses the concept of “equal”, “the same” and “similar” work it also goes beyond that because it encompasses work which is of an entirely different nature but which is nevertheless of equal value. The concept of “work of equal value” therefore allows for a much broader comparison to be made between jobs performed by men and women in different places or sectors, or between different employers. It therefore allows pay discrimination to be combated more effectively where men and women traditionally perform work that is of an entirely different nature but which is nevertheless of equal value. The Committee therefore once again urges the Government to take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set out in the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Legislation. The Committee would like to draw the Government’s attention to the differences in translation between the French, Kinyarwanda and English versions of section 12 of Act No. 13/2009 of 27 May 2009 regulating labour (non-discrimination criteria). The English and Kinyarwanda versions both contain a reference to “salary” (“salary” and “umushahara” respectively), while the French version refers to “treatment” (“traitement”) in the sense of equal treatment. In so far as the Act specifies that it was initiated in French and then examined and adopted in Kinyarwanda (section 172), the Committee would be grateful if the Government would clarify the content of section 12 of the Act of 2009 regulating labour in its next report.

Assessment of the gender wage gap. Statistics. In its previous comments, the Committee asked the Government to provide the results in respect of the remuneration received by men and women workers, of the labour force survey which was carried out in 2006 and mentioned in the Government’s previous report received in 2006. However, in its report of 2009, the Government indicates that it undertakes to carry out this survey and that the results will be provided as soon as they are available. Referring to its 1998 general observation, the Committee would once again like to stress the importance of providing the most detailed information possible to allow an adequate evaluation of the nature, extent and causes of the pay differential between men and women, and of the progress achieved in implementing the principle of the Convention. The Committee therefore asks the Government to indicate whether the survey has indeed been carried out or whether there are plans to do so, and to provide any information gathered, as well as any statistics available allowing a comparison of remuneration of men and women in the same sector of activity and in different sectors of activity.

Minimum wage fixing. With regard to the determination of the guaranteed inter-occupational minimum wage (SMIG), noting that the Government refers to its previous report, the Committee therefore concludes that the Ministerial Order determining the SMIG, the draft of which was provided to the ILO in 2006, has not yet been adopted. The Committee also notes that, under section 76 of the Act of 2009 regulating labour, “the guaranteed minimum wage (SMG) according to occupational category shall be determined by order of the minister responsible for labour following collective consultation with the bodies concerned”. In this regard, the Committee would like to draw the Government’s attention to the need to use, when determining minimum wages, methodology and criteria which are free from any gender bias, and to ensure that rates of remuneration in occupations dominated by women are not set below the level of the rates applied to occupations dominated by men carrying out work of equal value. The Committee asks the Government to indicate in its next report:

(i)    whether the Ministerial Order determining the SMIG – the minimum wage common to all occupations – has been adopted;and

(ii)   whether the SMG by occupational category has been determined by Ministerial Order and, if so, the method and criteria used to determine these rates, indicating, in particular, whether the value of the work was used as the reference point for determining them.

The Government is also requested to provide copies of the texts adopted on this matter.

Application of the principle of equal remuneration by means of collective agreements. The Committee notes that the Government’s report provides no indication of the existence of collective agreements determining wages. Noting that, according to section 120(d) of the 2007 Act regulating labour, collective labour agreements shall refer to the wages applicable by occupational category, the Committee asks the Government to provide a copy of any collective agreement containing clauses determining wages and giving expression to the principle of equal remuneration for men and women for work of equal value. The Government is also requested to provide information on any measures taken or envisaged, during the negotiation or renegotiation of the clauses relating to wages, to encourage the social partners to include in the collective agreement concerned a clause relating to the abovementioned principle of equal remuneration, to take steps to carry out an objective job evaluation and to avoid the use of gender stereotypes and gender bias, in particular with regard to certain occupations perceived as “female”, the value of which could be undervalued in comparison with occupations dominated by men.

Application. Labour inspection. The Committee notes that the Government indicates in its report that labour inspectors have received some training, but that it would like to receive technical assistance from the Office to develop these training and awareness-raising activities. While encouraging the Government to continue its efforts in this regard, the Committee asks to be kept informed of the steps taken to obtain technical assistance from the ILO.

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Article 2(2)(a) of the Convention. Application of the principle of equal remuneration for work of equal value. Legislation. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda. It notes that the new Act refers to the present Convention in its Preamble and that it contains a definition of the expression “work of equal value” (section 1.9). However, it notes that this definition is too narrow to give full effect to the provisions of the Convention since it refers to “similar work”, and further, that the new Act contains no substantial provisions prescribing “equal remuneration for work of equal value”. Furthermore, the Committee notes that the Government mentions in its report article 11 of the Constitution which prohibits any discrimination in general, and notes that article 37 of the Constitution specifies that “every person having equal competence and capacity shall have the right, without any discrimination, to equal pay for equal work”. Referring to its previous comments, the Committee notes with regret that the Government has not taken the opportunity to give full legislative expression to the principle of equal remuneration for work of equal value within the meaning of the Convention.

While it is important to prohibit discrimination on the basis of sex in employment, this is not sufficient to ensure the full application of the principle of equal remuneration pursuant to the Convention. Referring to its general observation of 2006, in which it clarifies the meaning of the concept of “work of equal value” under the Convention, the Committee would like to stress that, whilst this concept encompasses the concept of “equal”, “the same” and “similar” work it also goes beyond that because it encompasses work which is of an entirely different nature but which is nevertheless of equal value. The concept of “work of equal value” therefore allows for a much broader comparison to be made between jobs performed by men and women in different places or sectors, or between different employers. It therefore allows pay discrimination to be combated more effectively where men and women traditionally perform work that is of an entirely different nature but which is nevertheless of equal value. The Committee therefore once again urges the Government to take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set out in the Convention.

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

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Assessment of the gender wage gap. The Committee notes from the Government’s report that the Government is carrying out a labour force survey which will also provide information concerning the income of men and women. The Committee asks the Government to provide the results of the survey in respect of the remuneration received by men and women in its next report.

2. Determination of wages. The Committee notes the Government’s explanations concerning the determination of wages through minimum wage fixing, collective agreements and individual contracts. The report also states that the minimum wage has not yet been decreed. The Committee asks the Government to keep it informed of the progress made in fixing the guaranteed minimum wage as envisaged under section 83 of the Labour Code and to provide examples of collective agreements, indicating in which ways these agreements are designed to address gender wage disparities. Please also indicate whether any practical measures are being taken to assist enterprises to establish remuneration in accordance with the Convention’s principle.

3. Enforcement. The Government states that it could be assumed that the principle of equal remuneration established in section 84 of the Labour Code was being applied, given that no complaints had been raised with the labour inspection services. However, the Committee notes that the absence of complaints does not by any means establish that the Convention’s principle is being complied with in all instances. With reference to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), on the need to strengthen training and awareness-raising measures on equality issues, the Committee asks the Government to ensure that such measures specifically promote the principle of equal remuneration for men and women for work of equal value and to provide information on any steps taken in this regard. Please indicate whether any training concerning the Convention’s principle has been provided to labour inspectors, and whether they can investigate issues of equal remuneration on their own initiative. The Committee further asks the Government to inform it when there are any cases involving section 84 of the Labour Code dealt with by the labour inspection services or the courts.

4. Objective job evaluation. The Committee notes from the Government’s report that objective job evaluation was not yet being carried out in the private sector. In its previous report, the Government indicated that objective job evaluation will be undertaken in the context of future collective or enterprise agreements. The Committee asks the Government to indicate any measures taken to promote actively the use of objective job evaluation methods as a means to determine remuneration free from gender bias.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its previous observation, the Committee commented on section 84 of the Labour Code which provides that equally competent workers carrying out the same type of work under the same conditions must be equally remunerated, without any consideration as to their origin, sex or age. Having noted that this provision was narrower than the principle of the Convention because it emphasized equal remuneration for the “same work” rather than for work of equal value as required by the Convention, the Committee asked the Government to indicate whether consideration was being given to amending section 84 to bring it into line with the Convention. In its report, the Government states that the draft Labour Code no longer provides for the provisions currently contained in section 84. The Government indicates that section 7 of the draft Labour Code, more generally, prohibits any discrimination based on sex in employment, including as regards remuneration.

2. The Committee observes that, while a general prohibition of discrimination based on sex in employment is important, it may not be sufficient in itself to ensure the full application of the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee, therefore, urges the Government to ensure that equal remuneration provisions in accordance with the Convention will be introduced into the Labour Code, giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to indicate the steps taken concerning this matter in its next report.

3. The Committee recalls that violations of the current section 84 are not subject to penalties. Emphasizing that without effective means of redress against sex-based discrimination in respect of remuneration the application of the Convention cannot be effectively promoted, the Committee asks the Government to ensure that the new Labour Code will contain equal remuneration provisions that are properly enforceable by the competent authorities.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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1. Assessment of the gender wage gap. The Committee notes from the Government’s report that the Government is carrying out a labour force survey which will also provide information concerning the income of men and women. The Committee asks the Government to provide the results of the survey in respect of the remuneration received by men and women in its next report.

2. Determination of wages. The Committee notes the Government’s explanations concerning the determination of wages through minimum wage fixing, collective agreements and individual contracts. The report also states that the minimum wage has not yet been decreed. The Committee asks the Government to keep it informed of the progress made in fixing the guaranteed minimum wage as envisaged under section 83 of the Labour Code and to provide examples of collective agreements, indicating in which ways these agreements are designed to address gender wage disparities. Please also indicate whether any practical measures are being taken to assist enterprises to establish remuneration in accordance with the Convention’s principle.

3. Enforcement. The Government states that it could be assumed that the principle of equal remuneration established in section 84 of the Labour Code was being applied, given that no complaints had been raised with the labour inspection services. However, the Committee notes that the absence of complaints does not by any means establish that the Convention’s principle is being complied with in all instances. With reference to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), on the need to strengthen training and awareness-raising measures on equality issues, the Committee asks the Government to ensure that such measures specifically promote the principle of equal remuneration for men and women for work of equal value and to provide information on any steps taken in this regard. Please indicate whether any training concerning the Convention’s principle has been provided to labour inspectors, and whether they can investigate issues of equal remuneration on their own initiative. The Committee further asks the Government to inform it when there are any cases involving section 84 of the Labour Code dealt with by the labour inspection services or the courts.

4. Objective job evaluation. The Committee notes from the Government’s report that objective job evaluation was not yet being carried out in the private sector. In its previous report, the Government indicated that objective job evaluation will be undertaken in the context of future collective or enterprise agreements. The Committee asks the Government to indicate any measures taken to promote actively the use of objective job evaluation methods as a means to determine remuneration free from gender bias.

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1. In its previous observation, the Committee commented on section 84 of the Labour Code which provides that equally competent workers carrying out the same type of work under the same conditions must be equally remunerated, without any consideration as to their origin, sex or age. Having noted that this provision was narrower than the principle of the Convention because it emphasized equal remuneration for the “same work” rather than for work of equal value as required by the Convention, the Committee asked the Government to indicate whether consideration was being given to amending section 84 to bring it into line with the Convention. In its report, the Government states that the draft Labour Code no longer provides for the provisions currently contained in
section 84. The Government indicates that section 7 of the draft Labour Code, more generally, prohibits any discrimination based on sex in employment, including as regards remuneration.

2. The Committee observes that, while a general prohibition of discrimination based on sex in employment is important, it may not be sufficient in itself to ensure the full application of the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee, therefore, urges the Government to ensure that equal remuneration provisions in accordance with the Convention will be introduced into the Labour Code, giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to indicate the steps taken concerning this matter in its next report.

3. The Committee recalls that violations of the current section 84 are not subject to penalties. Emphasizing that without effective means of redress against sex-based discrimination in respect of remuneration the application of the Convention cannot be effectively promoted, the Committee asks the Government to ensure that the new Labour Code will contain equal remuneration provisions that are properly enforceable by the competent authorities.

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

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The Committee notes the Government’s report and the observations made by the Workers Trade Union Confederation of Rwanda (CESTRAR), the Association of Christian Trade Unions Umurimo (ASC/UMURIMO), and the National Council of Free Trade Union Organizations of Rwanda (COSYLI).

1. Articles 1 and 2 of the Convention. Application by law. The Committee noted previously that section 206 of the Civil Code of Rwanda establishes that the husband is the head of the household as a matter of principle. As a consequence, women workers are entitled to income tax reductions in respect of dependents only insofar as they prove that they are de facto heads of households. The Committee observes that providing for equal rights of women and men in civil and family matters creates an environment which should be conducive to more rapid progress towards equal opportunity and equal treatment for men and women in employment. The Government is requested to provide information, in its next report under Convention No. 111, on whether any consideration is being given to amending section 206 of the Civil Code in order to provide for the equal status of men and women in the family.

2. Assessment of the gender wage gap. The Committee notes the Government’s statement that an assessment of the gap between the remuneration received by men and women would be made in the context of collective bargaining. The Government is asked to provide information on the measures taken and the progress made with regard to gathering statistical information on the earning levels of men and women, and on the results of any assessment of the gender wage gap made in the context of collective bargaining.

3. Collective agreements. The Committee notes the Government’s indication that no collective agreement has yet been concluded in Rwanda. The Government is asked to keep the Committee informed of any collective agreement that may be concluded, to provide a copy of any collective agreement concluded, and to indicate the ways in which the collective agreement has been designed to address gender wage inequalities.

4. Minimum wage. The Committee notes that, under section 83 of the Labour Code, the Ministry of Labour is responsible for fixing the guaranteed minimum wage, after consultations with the social partners, but that the minimum wage has not yet been decreed. The Committee stresses that the establishment of a minimum wage can make a positive contribution to the application of the Convention. According to COSILY the fixation of the minimum wage would allow for an updating of the wage scales in the private sector. The Committee asks the Government to provide information on: (a) the progress in fixing the guaranteed minimum wage as envisaged under section 83 of the Labour Code; and (b) the progress made in updating private sector wage scales, including information on how the principle of equal remuneration for work of equal value has been taken into account in doing so.

5. Enforcement. The Committee remains concerned at the apparent absence of any provision in Rwandan legislation establishing penalties for breaches of the principle of equal pay for men and women and on the need to provide effective remedies in this regard. Section 194 of the Labour Code, which lists the provisions in respect of which a violation is subject to penalties, does not list section 84. The Committee reiterates that without effective means of redress against sex-based discrimination in respect of remuneration, the application of the Convention cannot be effectively promoted and ensured. The Committee asks the Government to provide information on how section 84 of the Labour Code is enforced in practice, including any information on the concrete measures by the labour inspectorate or any cases that may have been brought before the courts.

6. Article 3. Objective job appraisal. The Committee notes from the Government’s report that objective job evaluation will be undertaken in the context of future collective or enterprise agreements. No information has been provided concerning the use of job descriptions in the public service (point 3 of the previous direct request). The Government is asked: (a) to keep the Committee informed on any measures taken to promote the objective appraisal of jobs in collective bargaining; and (b) to indicate the progress made in establishing job descriptions for posts in the public service, as provided for in section 24 of Act No. 22/2002 concerning the public service.

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The Committee refers to section 84 of the Labour Code which provides that equally competent workers carrying out the same type of work under the same conditions must be equally remunerated, without any consideration as to their origin, sex or age. In its previous observation the Committee noted that section 84 emphasizes comparing “the same type” of work, while the principle of equal remuneration for work of equal value, as contained in the Convention, is wider, requiring also the comparison of work which is of a different type, but still of equal value. The Committee draws the Government’s attention to the fact that this broader comparison is of particular importance in addressing sex-based discrimination in respect of remuneration in situations where men and women traditionally perform different types of jobs. The Committee asks the Government to indicate whether consideration is being given to amending the Labour Code in order to ensure that employers have an obligation to pay equal remuneration to men and women performing different types of jobs which are nevertheless of equal value, as determined on the basis of objective criteria.

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

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1. Further to its observation, the Committee recalls that women workers are entitled to the deduction made from income tax in respect of dependent children and spouses only in so far as they prove that they are de facto heads of households. Noting that this system was the logical outcome of section 206 of Book one of the Civil Code of Rwanda which established that the husband is the head of the household as a matter of principle, the Committee had asked the Government to consider amending article 206 of the Civil Code in order to provide that either spouse could be treated as head of household on an equal basis. In this regard, the Government stated in its report that it had taken due note of the Committee’s comments. The Committee asks the Government to report on any action it has taken to amend section 206 in the sense suggested above and to indicate any measures taken or envisaged to ensure that income tax deductions for dependants are granted to either one of the spouse, based on a decision of the two spouses of the household as to which of them will make use of this fiscal measure.

2. The Committee recalls its previous comments concerning the absence of any provisions in Rwandan legislation establishing penalties for breaches of the principle of equal pay for men and women and on the need to provide effective remedies in this regard. In this context, the Committee notes the Government’s statement recognizing the need to envisage measures to ensure that reparation in cases of pay discrimination could be obtained. The Committee also notes that section 84 of the new Labour Code was not included in section 194 which lists those provisions of which a violation is subject to penalties. The Committee stresses once again that effective means of redress (e.g. through civil litigation or administrative procedures) and sanctions are indispensable to promote and ensure the application of the Convention and asks the Government to provide information on any measures taken in this regard. The Committee also invites the Government to clarify whether acts constituting a violation of the principle of equal remuneration for men and women for work of equal value are punishable under the Act instituting punishment for offences of discrimination and sectarianism (No. 47/2001). In addition, please provide detailed information on the present role and function of the courts and the labour inspection services with regard to the application in practice of the principle of equal remuneration for work of equal value.

3. With regard to the civil service, the Committee notes the entry into force on 1 September 2002 of Act. No. 22/2002 concerning the public service. Noting that under section 24 of the Act a job description must be drawn up for every post, the Government is asked to indicate the progress made in establishing job descriptions for the public service.

4. Finally, the Committee once again recalls the importance of compiling and analysing labour statistics regarding levels of remuneration, disaggregated by sex, as a means to promoting and assessing the application of the Convention. The Government is asked to provide information on the measures taken and the progress made with regard to gathering such labour statistics, as outlined in its general observation of 1998, and to supply such statistics with its next report. With regard to the public service, please provide detailed information on the number of women compared to that of men employed in the various categories and levels.

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The Committee notes the Government’s report. It recalls that section 82 of the former Labour Code provided for equal remuneration for work in "equal conditions, as regards work, skill and output" and that in their previous comments, the Committee expressed the hope that the revision of the Labour Code would be used to amend this provision to reflect more faithfully the principle of equal pay for work of equal value. In this context, the Committee notes that section 84 of the new Labour Code (Act. No 51/2001), which replaces section 82 of the former Labour Code, provides that equally competent workers carrying out the same type of work under the same conditions, must be equally remunerated, without any consideration as to their origin, sex, or age.  While noting that reference is no longer made to "equal output", the Committee observes that section 84 still emphasizes comparing "the same type" of work. The Committee therefore draws the Government’s attention once again to the fact that the principle of equal remuneration for work of equal value as contained in the Convention is wider, requiring also the comparison of work which is of a different type, but of equal value. The Committee hopes that the Government will consider further amending section 84 of the Labour Code with a view to reflecting the principle of the Convention more fully and to keep the Committee informed on this matter.

In addition, a request regarding certain other points is being addressed directly to the Government.

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1.The Committee notes the report of the Government and the accompanying observations of the Central Trade Union of Rwanda (CESTRAR). With regard to the comment made by CESTRAR concerning the fact that women workers are not entitled to the deduction made from income tax in respect of dependants (children and spouses), the Committee notes the Government’s explanation that women may benefit from this exemption in so far as they prove that they are de facto heads of the household. The Committee understands that the purpose of this is to prevent households from declaring the same children twice and thus benefiting from a double tax deduction. The Committee also notes that the system is a logical outcome of the application of section 206 of book one of the Civil Code of Rwanda which establishes that the husband is the head of the household as a matter of principle. The Committee asks the Government to consider amending this article of the Civil Code in the medium term to provide that both spouses are treated as heads of the household on an equal basis. It also asks the Government to indicate whether the formalities required of women to prove that they are de facto heads of household are also required of men who hold this responsibility. If that is not the case, the Committee suggests that the Government should let the two spouses of the household decide for themselves which one will declare the children as dependants and thus benefit from the income tax deduction.

2. The Committee notes that, according to the Government, the Transitional National Assembly has just adopted a draft Labour Code. The Committee therefore trusts that the Government will shortly send a copy of the adopted text. It hopes that the new text amends former section 82 in order to reflect more faithfully the principle of equal pay for work of equal value, rather than for the same or similar work. The Committee wishes to stress that the term "equal conditions, as regards work, skill and output" is not synonymous with "work of equal value". Furthermore, while performance appraisal criteria such as skill and output and their equivalents are not discriminatory in themselves as a basis for wage differentiation, they must be applied in good faith. In its General Survey of 1986 (paragraph 54), the Committee pointed out that experience has shown that in practice, insistence on "equal conditions as regards work, skill and output can be taken as a pretext for paying women lower wages than men". The Committee notes that the legislation of Rwanda does not establish penalties for breaches of the principle of equal pay for men and women, and recalls that such penalties serve a dual purpose: to punish those responsible for discrimination, but also, and above all, to prevent breaches by being sufficiently dissuasive. The Committee would therefore be grateful if the Government would indicate the means of redress currently available to a woman worker who considers that she has sustained injury through breach of the principle of equal pay for men and women guaranteed by the Convention, and any compensation she may be entitled to expect. The Committee therefore asks the Government to adopt specific penalties as soon as possible for breaches of this principle.

3. Further to its previous comments on the circular of the Ministry of Labour and Social Affairs adopted as a result of the observation that "some enterprises do not respect the principle of equal treatment towards women in regard to the granting of certain allowances. This is the case for allowances made for reimbursement of expenditure on telephone, electricity and water costs incurred by workers at their homes. Certain private enterprises in Rwanda exclude women workers from this advantage". The Committee wishes to stress that workers’ and employers’ organizations share in the responsibility for the effective application of the principle of equal remuneration.

4. The Committee noted that the labour inspectorate lacks the human and material resources to supervise effectively the application of the principle of equal remuneration. It hopes that the Government will be in a position in the future to supply the inspectorate with the necessary means to guarantee the enforcement of the Convention.

5. With regard to the labour statistics disaggregated by sex, the Committee notes that Rwanda is still awaiting technical assistance from the Office and trusts that Rwanda’s request will soon be met. The Committee notes that the next wage scales for public servants in the central administration will be disaggregated by sex and asks the Government to provide a copy of them as soon as they are finalized and to indicate the percentage of women as compared to men in category I.

6. The Committee notes that the description of jobs in the public service is still in preparation, and trusts that the Government will continue to keep it informed of progress made in this respect and will provide a copy of the conclusions of the survey and the measures taken or envisaged to implement them.

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1. The Committee notes the information contained in the Government's report in reply to its previous direct request, in particular, the fact that the Labour Code has not yet been adopted and is currently under consideration in the National Assembly of Transition. In this respect, it hopes that the text finally adopted will take into account the suggestions made in its previous comments, namely: (a) amendment of the former section 82 so that the principle of equal remuneration laid down in the new Labour Code is in line with that set out in the Convention, namely that the comparison will go beyond "identical or similar" work to cover work "of equal value"; and (b) the introduction of specific sanctions for any violation by the employer of the principle of equal remuneration for men and women for work of equal value.

2. With regard to the Presidential Circular warning employers who treat women in a discriminatory manner, particularly with regard to the payment of certain allowances, the Committee notes the Government's indication that this text does not exist for the simple reason that the situation has not yet been observed and that the information should be considered to have been communicated in error. Re-examination of the report submitted by the Government in 1994 on the present Convention shows that it refers in fact to a circular of the Ministry of Labour and Social Affairs subsequent to noting that "certain enterprises do not respect the principle of equality of treatment towards women in regard to the granting of certain allowances. This is the case for allowances made for reimbursement of expenditure on telephone, electricity and water incurred by workers at their homes. Certain private enterprises in Rwanda exclude women workers from this advantage". The Committee therefore reiterates its request for information on the role played by the labour inspection services and by the courts in regard to application of the principle of equality of remuneration between men and women. The Committee takes this opportunity to recall what it has already affirmed on many occasions (see paragraph 253 of its 1986 General Survey), that it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided. By its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. For example, one of the difficulties inherent in application of the principle is lack of knowledge of the facts, since inequality of remuneration, in all countries, is almost always poorly identified and observed statistically. The Committee notes in this context that, in its report, the Government requests the technical assistance of the ILO in establishing a system of labour statistics disaggregated by sex and indicates that it has forwarded this request to the competent service. The Committee therefore requests the Government to keep it informed in its next report of measures taken to obtain a compilation, disaggregated by sex, of statistical labour data and results obtained, followig technical assistance from the Office. The Committee takes due note of the table of scales for central administration officials for the years 1974 to 1996 communicated by the Government. This table is not disaggregated by sex and the Committee would be grateful if the Government would indicate in which categories there are more women and what is the percentage of women in category I.

3. Taking due note of the Government's statement that the results of the study on the post assessment system in the public sector are expected by the end of 1999, the Committee requests the Government to keep it informed in its next report of the conclusions of this study and measures taken or envisaged in response.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information contained in the Government's report in reply to its previous direct request, in particular that, since recruitment procedures have been liberalized following the implementation of the structural adjustment programme, the Presidential Order organizing the placement of workers and the supervision of employment is no longer applied.

2. Regarding the draft Labour Code, the Committee notes with interest that the new section 111 amends the former section 82 bringing it into line with the principle of equal remuneration set out in the Convention, namely that in future the comparison will go beyond "identical or similar" work to cover work of equal "value". The Committee observes that the current draft Code does not provide for specific sanctions for violations of the principle of equal remuneration between men and women for work of equal value. Nevertheless, new section 274(a) represents an improvement over former section 181 in that it stipulates that violations which are not punished with specific penalties will be subject to a fine of 5,000 francs and repeated offences will involve fines of 10,000 to 50,000 francs. Since the text has not yet been adopted, the Committee draws the Government's attention to the suggestion contained in the Committee's previous comments to the effect that it would be desirable, during the next revision of the labour legislation, to introduce specific sanctions for any violation by employers of the principles laid down in the Convention. Finally, the Committee asks the Government to inform it of the adoption of the draft Labour Code and to send a copy of the final text.

3. Noting the Government's commitment to ensure the implementation of the Presidential Circular warning employers who treat women in a discriminatory manner, particularly with regard to the payment of certain allowances, the Committee hopes that the Government's next report will contain information on the role played by the labour inspection services and by the courts in this regard. It would also like to have statistics on the violations of Order No. 221/09 of 3 May 1976 respecting occupational categories, the corresponding minimum wages and seniority allowances -- in so far as they relate to the application of the principle of equal remuneration between men and women -- and a copy of the wage scales applicable in the public service. While taking due note of the Government's statement that it does not possess the data requested by the Committee (distribution of men and women at the different levels of responsibility in the public service; average real earnings of men and women in the private sector by occupation, sector, seniority and skill level), but that it will endeavour to work on getting them, the Committee draws the Government's attention to the possibility available to it to call on the technical expertise of the Office in this domain, if it so wishes.

4. Finally, the Committee asks the Government to inform it of progress made with the job appraisal system in the public sector in the context of the administrative reform project, referred to in the Government's previous reports.

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1. The Committee notes the information contained in the Government's report in reply to its previous direct request, in particular that, since recruitment procedures have been liberalized following the implementation of the structural adjustment programme, the Presidential Order organizing the placement of workers and the supervision of employment is no longer applied.

2. Regarding the draft Labour Code, the Committee notes with interest that the new section 111 amends the former section 82 bringing it into line with the principle of equal remuneration set out in the Convention, namely that in future the comparison will go beyond "identical or similar" work to cover work of equal "value". The Committee observes that the current draft Code does not provide for specific sanctions for violations of the principle of equal remuneration between men and women for work of equal value. Nevertheless, new section 274(a) represents an improvement over former section 181 in that it stipulates that violations which are not punished with specific penalties will be subject to a fine of 5,000 francs and repeated offences will involve fines of 10,000 to 50,000 francs. Since the text has not yet been adopted, the Committee draws the Government's attention to the suggestion contained in the Committee's previous comments to the effect that it would be desirable, during the next revision of the labour legislation, to introduce specific sanctions for any violation by employers of the principles laid down in the Convention. Finally, the Committee asks the Government to inform it of the adoption of the draft Labour Code and to send a copy of the final text.

3. Noting the Government's commitment to ensure the implementation of the Presidential Circular warning employers who treat women in a discriminatory manner, particularly with regard to the payment of certain allowances, the Committee hopes that the Government's next report will contain information on the role played by the labour inspection services and by the courts in this regard. It would also like to have statistics on the violations of Order No. 221/09 of 3 May 1976 respecting occupational categories, the corresponding minimum wages and seniority allowances -- in so far as they relate to the application of the principle of equal remuneration between men and women -- and a copy of the wage scales applicable in the public service. While taking due note of the Government's statement that it does not possess the data requested by the Committee (distribution of men and women at the different levels of responsibility in the public service; average real earnings of men and women in the private sector by occupation, sector, seniority and skill level), but that it will endeavour to work on getting them, the Committee draws the Government's attention to the possibility available to it to call on the technical expertise of the Office in this domain, if it so wishes.

4. Finally, the Committee asks the Government to inform it of progress made with the job appraisal system in the public sector in the context of the administrative reform project, referred to in the Government's previous reports.

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1. The Committee notes the information in the Government's report on the scope of Order No. 221/09 of 3 May 1976 respecting occupational categories, the corresponding minimum wages and seniority allowances. It notes that the non-observance of the provisions of this text, which are minimum provisions, results in sanctions. It requests the Government to provide in its next report the available statistics on the violations of this text that have been reported relating to the principle of equal remuneration for men and women workers embodied in the Convention.

2. With reference to its previous comments, the Committee requests the Government to provide the information that has already been requested on the following points:

(a) the progress made in the implementation of the plan to reform the labour legislation and the labour market in the context of the structural adjustment programme and in the application of the Presidential Order organizing the placement of workers and the supervision of employment;

(b) the measures envisaged in the context of the current reform of the labour legislation to bring section 82 of the Labour Code into conformity with Article 1(b) of the Convention, which provides that equal remuneration for men and women workers refers to "work of equal value";

(c) the measures that have been taken or are envisaged in the context of the reform of the labour legislation to envisage specific penalties for any infringement of the principle of equal remuneration for men and women workers for work of equal value;

(d) the practical impact of the Presidential Circular warning employers who treat women in a discriminatory manner, particularly with regard to the payment of certain allowances, and the role played in this respect by the labour inspection services and the courts;

(e) the wage scales applicable in the public service, with an indication of the distribution of men and women at the different levels, statistics on basic wage rates and average real earnings for men and women workers in the private sector, if possible, by occupation, sector, seniority and skill level, as well as on the corresponding percentage of women; and

(f) the progress made with the job appraisal system in the public sector in the context of the current administrative reform project.

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Further to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. In its previous comments, the Committee noted that, as part of the structural adjustment programme, reforms were planned in the private sector and that an administrative reform project was under way in the public sector with a view, inter alia, to developing a job evaluation system that would apply the principle of equal remuneration for men and women for work of equal value even if the work is of a different nature. It notes with interest from the report that the reform in the legislation and the labour market are still being implemented in the context of the structural adjustment programme and that the Government has already adopted a Presidential Order organizing the placement of workers and the supervision of employment as part of the reform. It asks the Government to continue to provide detailed information on the progress of the reform and, in particular, the arrangements made or envisaged in the context of the reform to set up an objective job evaluation system based on the work involved and to ensure the promotion or application of the principle of equal remuneration for men and women for work of equal value. Please refer in this connection to paragraphs 138 to 150 of the Committee's 1986 General Survey on Equal Remuneration in which it deals with objective job appraisals and their use in applying the principle of the Convention. It would also appreciate receiving copies of laws and regulations adopted in the context of the reform, including the Presidential Order organizing the placement of workers and the supervision of employment.

2. The Committee notes from the report that the classification of workers by occupational category, defined in the Ministerial Order of 3 May 1976, has not yet been amended but that a draft revision of the classification has already been proposed as part of the structural adjustment programme. The revised classification would replace the occupational classification produced by the public authorities which, in the future, would simply determine the minimum basic wage at recruitment for labourers, leaving the wages of the other occupational categories to be negotiated by the workers and employers. The Committee hopes that the revised text will guarantee observance of the principle of the Convention as regards both minimum wages and wages above the legal minimum and that, unlike the 1977 occupational classification which is still in force, it will reflect the positions of the social partners. In this connection, the Committee refers to its previous comments and asks the Government to indicate the measures taken and the results obtained as regards setting up structures for an employers' association and revitalizing the organization of workers and, in accordance with Article 4 of the Convention, the arrangements made for cooperation with the social partners in the implementation of the above-mentioned reforms and with a view to giving effect to the provisions of the Convention.

3. The Committee notes the Government's statement that, in practice, the equality of remuneration laid down in section 82 of the Labour Code (which provides that "for equal conditions of work, occupational qualifications and output, wages shall be equal for all workers regardless of their sex ...") is implemented by means of the wage scales fixed in enterprises. The Committee recalls that Article 1(b) of the Convention specifies that equal remuneration for men and women must be understood to be "for work of equal value", and asks the Government to indicate measures planned in the context of the current reform of the labour legislation, to bring section 82 into conformity with the Convention.

4. With reference to its previous comments, the Committee again asks the Government to provide information on the arrangements made or planned in the context of the current reform of the labour legislation to provide for specific penalties for any breach of the principle of equal remuneration for men and women for work of equal value.

5. The Committee notes with interest that by a circular addressed to employers, the Government has recently drawn their attention to the fact that certain enterprises are in breach of section 82 of the Labour Code and Article 1(a) of the Convention for having excluded women from the payment of certain allowances, including reimbursement for telephone, water and electricity bills. It asks the Government to provide information on the number of women workers affected and the enterprises concerned and to indicate the measures that these enterprises have taken as a result of the above circular to remedy the situation and, where they have failed to do so, the steps taken by the labour inspectorate and, if applicable, the competent courts to end such practices. The Committee would appreciate receiving copies of extracts of labour inspection reports and of court decisions concerning these cases and other instances of infringements of the Convention.

6. The Committee notes from the report that the figures it requested in its previous direct request are not available. It again expresses the hope that the Government will be able, with the cooperation of employers' and workers' organizations and enterprises, to collect and send with the next report recent statistical information enabling it to ascertain how the Convention is applied in practice, and particularly: (a) the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels; (b) statistics of the basic wage rates and the average earnings of men and women in the private sector, if possible broken down by occupation, branch of activity, seniority and level of qualifications, as well as the corresponding percentage of women.

7. With regard more particularly to the public administration, the Committee notes the Government's statement that basic wages in the public administration were fixed by the Presidential Order of 19 March 1974 and that the emoluments additional to the wage (bonuses, indemnities, allowances in kind, etc.) are granted to all workers without distinction as to sex under the various implementing texts, and particularly the ministerial instructions and decisions of 1 January 1977 and 6 April 1991 concerning, respectively, compensation for overtime and for occupational hazards. With reference to the information supplied by the Government in answer to the 1990 direct request, to the effect that a job appraisal system was being developed in the public sector as part of the administrative reform project, the Committee asks the Government to provide information on the progress of the reform and the steps taken or planned to ensure that the new texts resulting from the reform take account of the definition of remuneration in Article 1(a) of the Convention.

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The Committee has taken note of the Government's report and the information provided in response to the Committee's previous comments.

1. In its previous direct request, the Committee noted that the Government would henceforth make efforts to evaluate the job and not the worker in order to give effect to the principle of equal remuneration, particularly in the case of persons performing work of a different nature but of equal value. It notes that, under the Structural Adjustment Programme, reforms in the private sector are contemplated and an administrative reform project is in progress to develop a job evaluation system that will apply the principle of equal remuneration for men and women for work of equal value even if the work is of a different nature. The Committee asks the Government to keep it informed of any progress in that connection.

2. The Committee also noted previously that the classification of workers by occupational category, which dated from 1976, did not reflect the position of all the social partners owing to the situation in the country with regard to industrial relations. The Committee notes from the statement made by the Government in its report that the war situation prevailing in Rwanda has made it impossible to establish an association of employers and that the desirability of changing the classification in force will be examined later. The Committee points out that, according to the information given in the Government's reports, the present categories have been determined by the public authorities on the basis of practical considerations and their effects on the level of skill and occupational efficiency, discarding any classification by paper qualifications. The Committee hopes that the Government will be in a position to supply in its next report exact information on developments in the situation.

3. The Committee points out that section 82 of the Labour Code provides that "under equal conditions as to work, vocational skill and efficiency, wages shall be equal for all workers irrespective of sex". The Committee draws the Government's attention to the wording of Article 1, subparagraph (b), of the Convention, which specifies that equal remuneration for men and women means "for work of equal value". Referring to its General Survey of 1986 on equal remuneration, and in particular to paragraphs 19 to 21 and 44 to 65, and pointing out that it has no information from which to assess how the principle of equal remuneration laid down in section 82 of the Labour Code is applied in practice (in particular with regard to wages above the legal minimum), the Committee asks the Government to take measures to bring section 82 into harmony with the terms of the Convention.

4. Furthermore, the Committee noted previously that the labour administration made use of section 181 of the Labour Code to penalise employers who contravened the principle of equal wages laid down in section 82 because no specific penalty for non-compliance with section 82 was prescribed by the Code. The Committee therefore asks the Government to take measures for the prescription by law of specific penalties for any breach by employers of the principle of equal remuneration for men and women.

5. The Committee would be grateful if the Government would supply information on the measures taken to supervise the application of the provisions of law concerning equal wages, and in particular the activities of the labour inspectorate (violations detected, penalties imposed), and also on the decisions of the courts on the subject.

6. The Committee also asks the Government to supply the following information with its next report: (a) figures showing the distribution of men and women at different levels of the central administration; and (b) statistics on wage rates and the average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women.

7. In its previous comments, the Committee noted that the wage table for the central administration appeared to mention only basic wages. The Committee points out that Article 1, subparagraph (a), of the Convention specifies that the term "remuneration" includes all the elements that are added to wages (premiums, allowances, emoluments in kind, etc.). The Committee again asks the Government to supply precise indications as to how elements of remuneration other than the basic wage or salary are accorded.

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The Committee notes the information supplied by the Government in its report.

1. It notes that the classification of occupational categories, which dates from 1976, does not reflect the position of all the social partners, and particularly of workers' trade unions, which did not exist at the time. The Committee, however, notes the information that the workers are represented by the Workers' Central Trade Union, which is now in operation, and that the employers' association is being reorganised. The Committee also notes with interest the statement that the Government will henceforth make efforts to evaluate the job and not the worker in order to give effect to the principle of equal remuneration, particularly in the case of persons performing work of a different nature but of equal value. It requests the Government to indicate whether there will be a revision of the classification, even if only partial, after the reorganisation of the employers' association, and to define the future procedures for co-operation between the Government and representative organisations, in accordance with Article 4, in order to give effect to the Convention.

2. The Committee requests the Government to indicate the criteria used for evaluations and to give examples of jobs that have been evaluated in this way, particularly for occupations with a large proportion of women workers. It also requests the Government to provide details of the methods and criteria employed to appraise jobs when the method used is to evaluate work content by simple observation, as stated in the previous report.

3. The Committee notes that the labour administration makes use of section 181 of the Labour Code to penalise employers who contravene the provisions of section 82, which does not set out specific sanctions for its non-observance. The Committee requests the Government to supply a copy of the administrative, judicial or other procedures that have been used or decisions that have been taken under the terms of section 181, as concerns violations of the prohibition of discrimination in employment. It also suggests that on the occasion of the next revision of the labour legislation it would be desirable to amend it so as to incorporate sanctions for the violation of section 82.

4. The Committee notes the Government's statement that the principle of equal remuneration for men and women workers, as regards the payment of additional emoluments other than the basic wage, is guaranteed by the fact that employers grant these emoluments according to the occupational category. Nevertheless, the Committee noted in its previous comments that the wage table applicable to the central administration appears to mention only basic wages. The Committee refers once again to Article 1(a) of the Convention and requests the Government to indicate how the principle set forth in the Convention is applied to additional emoluments other than the basic wage.

5. Finally, the Committee notes that no collective agreements have yet been concluded. It requests the Government to inform it of the situation in this respect in its next report.