Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report. It raises the following questions:

1. Exclusion of agricultural workers from the scope of the Labour Code and thus from the protection guaranteed by the Convention of the right to organize and bargain collectively in respect of employment conditions (section 186 of the 1967 Labour Code). The Committee recalls that it has been requesting the Government to include these workers in the Labour Code since 1969 in the framework of the application of Convention No. 11 in order for them to enjoy the same rights as industrial workers.

2. Prohibition of the right to strike in the public service. The Committee recalls that the prohibition to the right to strike in the public service should be restricted to public servants who are exercising authority in the name of the State. According to the information provided by the Government in its report, the reform of the general conditions of service of employees of the State is under examination by the technical services of the Ministry of the Public Service and Labour. The reform envisages, inter alia, the amendment of section 26 of the Legislative Decree of 19 March 1974 on the general conditions of service of employees of the State which, in its present wording, forbids state employees to take part in strikes or in activities aimed at causing a strike in the state services. The Committee requests the Government to send in its next report the text of the draft amendment to section 26.

3. Hindrance with respect to the election of trade union representatives. Referring to its previous comments, the Committee notes with interest that the draft Labour Code currently under examination by the Transitional National Assembly, amends the provisions of section 8 of the Labour Code prohibiting election of non-Rwandans to trade union office. Section 67(2) of the draft provides that foreign workers may be elected to trade union office after a period of residence of at least five years in the country and subject to their number not exceeding one-third of the members of the organization's management and administration committee.

The Committee requests the Government to communicate information in its next report on all progress achieved in this respect.