Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together. The Committee also notes the Government’s first report on Convention No. 150.

• Labour inspection

Article 4 of the Convention. Application of the Convention in the context of the decentralization of labour inspection. Supervision and control of a central authority. The Committee refers to its previous comment in which it expressed concern at the impact of the decentralization of the public administration on the organization and functioning of the labour inspection system, including with regard to the planning of inspections and communication between labour inspectorates in different areas. In its report, the Government indicates that there are 33 labour inspectors based at the district level, two chief labour inspectors at the national level and one child labour and decent work administrator who also has the competence and quality of a labour inspector. The Committee notes the adoption of the Ministerial Order No. 001/19.20 of 17 March 2020 relating to labour inspection which repeals the Ministerial Order No. 07 of 13 July 2010. It notes that sections 2 and 4 provide that labour inspectors carry out their mission at the central level and in decentralized entities. According to section 4 of this Order: (i) a labour inspector at the national level is competent to carry out his or her duties throughout the national territory and coordinates all activities of the labour inspection in the whole country; (ii) a labour inspector at a decentralized entity has competence to carry out his or her functions within his or her jurisdiction; and (iii) district labour inspectors can carry out their activities outside of their district upon written authorization of the Ministry of Public Service and Labour (MIFOTRA). The Committee further notes the Government’s statement that the coordination and supervision of the daily activities of labour inspectors was placed under the responsibility of the MIFOTRA. The Committee notes that according to the organizational chart of the MIFOTRA provided in the Prime Minister’s Order No. 087/03 of 14 August 2020 determining mission, responsibilities, organizational structure, salaries and fringe benefits for employees of the MIFOTRA, the 33 posts of labour inspectors and the position of child labour and decent work administrator, are part of the Labour Governance and Decent Work Pool, which is placed under the Employment Ecosystem Policy and Strategy Department. The Committee notes that the chart does not include the positions of the two chief labour inspectors. The Committee requests the Government to continue to provide information on the measures taken to ensure harmonized, coordinated and integrated labour inspection activities in the country and to indicate how the MIFOTRA performs daily supervision of labour inspectors at the district level. The Committee also requests the Government to provide more information on the position of the chief labour inspectors within the organizational chart of the MIFOTRA.

Articles 6 and 7. Status and conditions of service of labour inspectors. Recruitment and training of labour inspectors. In its previous comment the Committee requested the Government to indicate how it ensured harmonization of the recruitment and training of labour inspectors and uniformity at the national level in their status and conditions of service. The Committee notes the Government’s indication that the recruitment of the labour inspection staff is governed by Law No. 017/2020 of 7 October 2020 establishing the general statute governing public servants. The Committee notes that, under section 8, recruitment is made through competition, appointment or direct recruitment, and that a presidential order shall determine the modalities for the implementation of the methods of recruitment. The Government further indicates that the Presidential Order No. 128/01 of 3 December 2020, relating to the recruitment of public servants and induction programme, provides for the modalities of recruitment of public servants, including labour inspectors. The Committee notes that section 25 provides that, in decentralized entities, public servants are appointed by the head of a public institution. The Committee also notes that under section 35, newly appointed public servants undergo an induction programme, which is developed, planned, organized and implemented by the employing institution. It further notes the Government’s indication that, every year, the MIFOTRA conducts training sessions for labour inspectors, and that, in its 2021/2022 action plan, it planned to develop the capacities of labour inspectors on inspections, social dialogue, mediation mechanisms, collective bargaining, collaboration with social partners and production of labour statistics. The Government adds that, as a member of the African Regional Labour Administration Centre (ARLAAC), every year one labour inspector attends the ARLAAC labour administration training and, upon their return, shares the training received with all other labour inspectors of the country. The Committee also notes the Government’s reference to the Prime Minister Order No. 151/03 of 10 June 2016 determining modalities for conducting training of public servants. According to section 4 of this Order, every year each public institution is required, through its supervising Ministry, to submit its annual training plan and the related budget to the national institution in charge of capacity-building. The Committee requests the Government to continue to provide information on the status and conditions of service of labour inspectors, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police. Concerning training, the Committee requests the Government to continue to provide information on the training planned and delivered to labour inspectors at the central and district level and to include information on the content, frequency, and number of participants for each training session, including the focus and nature of training sessions addressed to collective bargaining.

Articles 10, 11 and 16. Human and material resources of the labour inspection system. Frequency and thoroughness of inspections. The Government states that labour inspectors are provided with adequate offices at both the national and district levels, and that they are entitled to a motorcycle with a monthly lump sum for fuel of 74,750 Rwandan francs (RWF) (approximately US$70). The Government also indicates that labour inspectors are provided with tablets to facilitate the task of registering data on labour inspections and labour disputes into the Integrated Labour Administration Information System (ILAS), a system for managing labour administration matters. In response to the Committee’s previous comment, the Government also indicates that the yearly budget allocated for each district was of RWF 2 million (approximately US$1,900) and that this allocation of equal means was justified by the fact that in urban districts there are many enterprises to be inspected but there is less distance to be covered, while in rural districts there are fewer enterprises but more distance to cover. The Committee also notes, from the Government’s report on the application of the Labour Administration Convention, 1978 (No. 150), that the MIFOTRA decides every year on the budget that will be allocated to the district labour inspectors. The Committee requests the Government to provide information on the yearly budget allocated to the labour inspectorate and to continue to provide details on the elements taken as a basis to determine such allocation. It also requests the Government to continue to provide information on the number of labour inspectors (disaggregated by gender) and to indicate their geographical distribution. Finally, the Committee requests the Government to provide information on the number of inspection visits conducted by labour inspectors in each district.

Articles 19, 20 and 21. Annual reports on the activities of the labour inspection services. The Committee notes the Government’s indication that, every public servant is required to provide quarterly reports and other reports on their performance through a performance appraisals system called Imihigo. The Committee notes however that, once again, the Government did not send the annual report on the activities of the labour inspection services. The Committee wishes to recall the fundamental importance that it attaches to the publication and communication to the ILO of an annual labour inspection report, which is an indispensable tool for assessing the results of the activities of the labour inspection services, the identification of priorities and the determination of the budgetary and other resources necessary to improve their effectiveness. It emphasizes that, under the terms of Article 20 of the Convention, the central labour inspection authority shall publish and transmit to the ILO an annual general report on the work of the labour inspection services, which shall include information on all the matters enumerated in Article 21. The Committee urges the Government to take the necessary measures to ensure the preparation and submission by local inspection offices of regular reports on the results of their activities, as required by Article 19, with a view to enabling the central authority to prepare, publish and transmit to the Office an annual labour inspection report (Article 20) containing information on all the subjects enumerated in Article 21 of the Convention. The Committee also requests the Government to indicate any progress made in compiling statistics of workplaces liable to inspection and of workers employed therein.

• Labour administration

Article 4 of the Convention. Organization and operation of the labour administration system. Coordination of its functions and responsibilities. The Committee notes the information provided in the Government’s first report that the labour administration system is comprised at the national level of: (1) the Ministry of Public Service and Labour (MIFOTRA); (2) the National Labour Council; (3) compliance and sectoral forums; and (4) National Steering Committees on Child Labour and on Occupational Safety and Health (OSH). The Government indicates that at the district level, there are district labour inspectors. While it takes due note of the information provided, the Committee notes that the Government does not indicate how it is ensured that the functions and responsibilities of the labour administration, at the national and decentralized levels, are properly coordinated. The Committee requests the Government to: (i) provide information on the manner in which coordination among the various institutions and bodies is ensured, including information on the practical measures taken to that effect; and (ii) communicate extracts of any reports or other periodic information provided by the principal labour administration services. The Committee also refers to its comment above under Article 4 of Convention No. 81.

Articles 5 and 8. Consultations within the system of labour administration and participation in the preparation of a national policy concerning international labour affairs. The Committee notes the Government’s general statement that the labour administration system puts into effect the principles of tripartism and consultation, at the national level, through the National Labour Council, which is a tripartite body. The Government also indicates that this Council is responsible for the preparation of a national policy concerning international labour affairs. The Committee asks the Government to: (i) provide specific information on the functioning of the National Labour Council, including information on any recent meetings and deliberations; and (ii) indicate the measures taken or contemplated in order to ensure consultation, cooperation and negotiation at the regional and local levels, and also at the level of the different sectors of economic activity. With regard to the preparation of a national policy concerning international labour affairs, the Committee requests the Government to: (i) provide information on the bodies within the system of labour administration that are responsible for contributing to the preparation of such policy and for participating in the representation of the State with respect to such affairs; and (ii) provide information on the practical role of each of these bodies.

Article 6. Preparation, implementation, coordination and evaluation of the national labour policy. The Committee notes the Government’s indication that the National Labour Council is engaged in all activities relating to giving effect to the provisions of Article 6 of the Convention. The Committee also notes, from section 3(c) of the Prime Minister’s Order No. 87/03 of 14 August 2020, that the MIFOTRA is responsible for elaborating labour policies. In this regard, the Committee refers to its previous comment on the application of the Employment Policy Convention, 1964 (No.122), in which it noted the adoption, in 2019, of a Revised National Employment Policy for the period of 2019–24. The Committee requests the Government to provide information on the measures taken by the labour administration system to monitor and assess the Revised National Employment Policy.

Article 7. Gradual extension of the functions of the system of labour administration. The Government indicates that the Law No. 66/2018 of 30/08/2018 regulating labour in Rwanda applies to self-employed persons with regard to OSH (section 2(5)) and also applies to workers in the informal sector with regard to OSH, trade union rights, right to salary, minimum wage, right to leave, social security, protection against discrimination, protection from forced labour, prohibited forms of work for children, pregnant women and breastfeeding women (section 2(6)). The Committee also refers to its previous comment on the application of the Employment Policy Convention, 1964 (No.122) concerning the impact of the programmes and measures implemented to facilitate the transition of workers from the informal to the formal economy. The Committee requests the Government to continue to provide information on the measures taken or envisaged to extend the functions of the system of labour administration to the categories of workers covered by Article 7, including in the informal economy.

Article 9. Delegation of labour administration activities to regional or local agencies. The Committee notes, from the information provided by the Government, that at the district level, labour inspectors are responsible for monitoring the implementation of the labour legislation. It also notes the Government’s indication that steering committees on child labour are present in all decentralized entities, including villages. The Government adds that the MIFOTRA is the competent national authority responsible for the supervision of these institutions. The Committee requests the Government to provide more detailed information on the reporting line of the steering committees on child labour and whether they have to provide regular reporting on their activities to the MIFOTRA. With regard to labour inspection, the Committee refers to its comment above under Article 4 of Convention No. 81.

Article 10. Human resources and material means of the labour administration. The Committee notes the information provided by the Government on the modalities of recruitment of the labour administration staff contained in the Presidential Order No. 128/01 of 3 December 2020 relating to the recruitment of public servants and induction programme. The Committee also notes that the Prime Minister’s Order No. 087/03 of 14 August 2020 determining mission, responsibilities, organizational structure, salaries and fringe benefits for employees provides for the structure, functions and responsibilities of the various staff of the labour administration. The Committee requests the Government to provide specific information on the measures taken to ensure that the staff of the labour administration system have the material and financial resources necessary for the effective performance of their duties. The Committee refers to its comment above on Articles 6 and 7 of Convention No. 81 and requests the Government to send detailed information on the status, conditions of service and further training of labour administration staff, including labour inspectors.

Repetition

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. Conciliation. With reference to its previous comment, the Committee notes the Government’s indication that it adopted Law No. 66/2018 of 30/08/2018 regulating labour in Rwanda (the Labour Code), which revises Law No. 13/2009 of 27 May 2009 (the 2009 Labour Code). The Committee notes in particular that sections 102 and 103 of the Labour Code provide that labour inspectors are responsible for mediating individual and collective labour disputes. In addition, the Government indicates that section 3 of the Ministerial Order No. 001/19.20 of 17/03/2020 relating to labour inspection sets out the responsibilities of the labour inspectorate as including the conciliation of labour disputes. In this regard, the Committee notes that sections 10 to 16 of the Order provide for the procedure to be followed for the settlement of labour disputes when mediated by labour inspectors. The Committee notes that the Government did not make use of the review of the Labour Code undertaken in 2018 to bring its legislation in line with the requirements of Article 3(2) of the Convention. The Committee recalls that the time spent by inspectors on conciliation may be detrimental to the performance of their primary duties, as defined in Article 3(1) of the Convention, particularly in a context where resources are limited. Further, the Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), stating that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee therefore asks the Government to: (i) take the necessary measures to discharge labour inspectors of any mediation functions regarding individual and collective labour disputes; (ii) amend the legal framework to this effect, in particular sections 102 and 103 of the Labour Code and sections 3 and 10 to 16 of the Ministerial Order No. 001/19.20 of 17/03/2020; and (iii) keep the Office informed of the progress made in this respect.

Article 12(1)(a). Powers of labour inspectors to enter freely at any hour of the day or night any workplace liable to inspection. With reference to its previous comment, the Committee notes that section 6(2)(1) of the Ministerial Order No. 001/19.20 of 17/03/2020 relating to labour inspection provides that, upon presentation of identification, a labour inspector can enter an enterprise of his or her jurisdiction during working hours, without notice for inspection purpose. The Committee notes that the new Ministerial Order continues to limit the power of labour inspectors to conduct inspection visits to the working hours of the undertaking. The Committee notes that, for many years, it has been requesting the Government to bring the provisions of national legislation in line with Article 12(1)(a) of the Convention. It recalls once again that labour inspectors should be empowered to enter workplaces liable to inspection at any hours of the day and night. In this regard the Committee once again refers to paragraph 270 of its 2006 General Survey on labour inspection, which refers, for example, to the appropriate timing of visits necessary to carry out technical inspections when machinery or production processes are stopped, or to check for abusive night conditions in a workplace officially operating during the daytime. The Committee therefore urges the Government to bring its legislation in line with Article 12(1)(a) of the Convention so as to ensure that the powers of entry of labour inspectors are extended to any hour of the day or night regardless of the working hours of the workplaces liable to inspection.

A.Labour inspection

B.Labour administration

Repetition

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. Bringing laws and regulations into conformity with the Convention. In reply to the Committee’s previous comments concerning the application of Articles 3(2) and 12(1)(a) of the Convention, the Government indicates that it is currently reviewing Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda (the Labour Law) and its implementing orders, and that measures will be taken to amend these texts to bring them into conformity with the requirements of the Convention, particularly with regard to the additional functions entrusted to labour inspectors and the scope of the right of inspectors to freely enter workplaces liable to inspection. In this regard, the Committee notes, according to the information available to the Office, that the Government has requested the Office to examine a recent draft Labour Law and that the Office has provided the Government with its comments on this subject, including on the provisions respecting labour inspection. The Committee hopes that the Government will take the necessary measures, in the context of this revision, to ensure that the provisions of the Labour Law and its implementing orders fully reflect the requirements of the Convention, and particularly that labour inspectors are not entrusted with functions relating to the settlement of individual and collective labour disputes (Article 3(2)) and that inspectors are empowered to freely enter workplaces liable to inspection at any hour of the day or night, even outside working hours (Article 12(1)(a)).

Articles 19, 20 and 21. Annual reports on the activities of the labour inspection services. The Committee notes that, contrary to the Government’s indication in its report, the annual report on the activities of the labour inspection services, drawn up by the central authority, has not been received. It notes the Government’s indication that the objective for data collection by labour inspectors is only for them to know the number of establishments liable to inspection in the area assigned to them.

The Committee wishes to recall the fundamental importance that it attaches to the publication and communication to the ILO of an annual labour inspection report, which is an indispensable tool for assessing the results of the activities of the labour inspection services, the identification of priorities and the determination of the budgetary and other resources necessary to improve their effectiveness. It emphasizes that, under the terms of Article 20 of the Convention, the central labour inspection authority shall publish and transmit to the ILO an annual general report on the work of the labour inspection services, which shall include information on all the matters enumerated in Article 21. In this regard, the Committee draws the Government’s attention to the extremely valuable guidance provided in the Labour Inspection Recommendation, 1947 (No. 81), on the manner in which this information can be presented and compiled. Expressing the firm hope that the Government will soon be in a position to provide a copy of the annual labour inspection reports, the Committee urges it to take the necessary measures to ensure the preparation and submission by local inspection offices of regular reports on the results of their activities, as required by Article 19, with a view to enabling the central authority to prepare, publish and transmit to the Office an annual labour inspection report (Article 20) containing information on all the subjects enumerated in Article 21 of the Convention. It also requests the Government to provide information on any progress achieved in this regard, and on any difficulties encountered.

Repetition

Articles 4, 6, 7, 10, 11 and 16 of the Convention. Application of the Convention in the context of the decentralization of labour inspection. Organization and functioning of the labour inspection system. The Committee refers to its previous observations in which it expressed concern at the impact of the decentralization of the public administration on the organization and functioning of the labour inspection system. In this regard, the Committee observed that the arrangements of the decentralization, characterized by a general and chronic inadequacy of resources, ran the risk of resulting in the absence of a single labour inspection policy throughout the national territory in relation to: (i) the planning of inspections and communication between labour inspectorates in different areas; (ii) the recruitment and training of labour inspectors; and (iii) the allocation of human and financial resources. With regard to this latter point, the Committee previously noted that the budget allocated for labour inspectors was coordinated by the central authority in cooperation with the districts.

In its report, the Government indicates that the budget allocated for each district is based on the number of establishments identified in each of the districts by the establishment census carried out by the National Institute of Statistics of Rwanda (NISR) in 2011. However, the Government adds that the Ministry of Public Service and Labour allocates the districts a budget of 2 million Rwandan francs (RWF) (around US$2,877) for the needs of labour inspectors to carry out their functions, including conciliation. The Government also indicates that consultations are held each year with stakeholders within the framework of the adoption of the national budget.

The Committee also notes that, within the framework of the administrative reform, labour inspectors are now recruited at the district level in accordance with local recruitment procedures. According to the Government’s report, each of the 30 districts currently has one labour inspector and coordination is ensured at the national level by two chief labour inspectors. Finally, under the terms of article 2 of Ministerial Order No. 7 of 13 July 2010, labour inspectors receive policy guidance and technical support from the Ministry of Public Service and Labour, but their daily activities are supervised by the prefect or district mayor.

In light of these elements, the Committee wishes to emphasize once again the importance of the inspection system coming under a central authority, as required by Article 4 of the Convention, in order to facilitate the adoption and implementation of a uniform policy throughout the national territory and to allow a rational distribution of the available resources between inspection services based on identical criteria throughout the territory, thereby ensuring the same level of protection for all the workers covered. The Committee notes that the census carried out by the NISR in 2011 with a view to determining the number of establishments in each district constitutes a positive development towards the preparation of a register of enterprises which can provide inspectors with information on inspection needs and the workplaces to be targeted, and accordingly facilitate better planning of inspections. Nevertheless, the Committee notes the continuing uncertainties regarding the adequacy of the budgetary resources available and labour inspection needs, particularly with regard to the number and distribution of labour inspectors throughout the territory and the material resources made available to them for the effective discharge of their functions, as required by Articles 10, 11 and 16 of the Convention. The Committee also notes that the Government’s report does not provide any information on the measures taken to ensure the harmonization throughout the national territory of the conditions for the recruitment and training of labour inspectors and to guarantee them uniform status and conditions of service, in accordance with the principles of Articles 6 and 7 of the Convention.

The Committee requests the Government to provide detailed information on the measures that have been taken or are envisaged to ensure coherence in the functioning of the labour inspection system at the national level, with particular reference to:

• (a) harmonization of conditions for the recruitment and training of labour inspectors and uniformity at the national level in their status and conditions of service;
• (b) the coordination and supervision of the activities of district labour inspectors by chief labour inspectors;
• (c) the planning at the central level of inspections, including any initiative taken for the establishment of a national register of enterprises.

The Committee also requests the Government to clarify the manner in which the budget allocated for labour inspectors in each district is determined, with an indication of whether it is a fixed amount (RWF 2 million), as suggested by the Government’s report, or whether the specific needs of each district in terms of inspection are taken into account (the number, nature, size and geographical distribution of workplaces liable to inspection, the number and diversity of the categories of workers engaged therein, the number and complexity of the legal provisions to be enforced, etc.) and, if so, to indicate the criteria applied.

Repetition

Further to its observation, the Committee would like to raise the following points.

Article 2 of the Convention. Extension of the labour inspection coverage in law. The Committee notes the information provided by the Government in reply to its previous comments, that the Rwandan law applies likewise to informal economy, in the field of occupational safety and health, labour relations and social security, and that labour inspectors work together in order to advise employers and workers on the legal framework in this regard.

The Committee would be grateful if the Government could provide some practical examples of advisory functions performed by labour inspectors in economic sectors, which are by nature prone to informality in the country.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes that the Ministerial Order No. 13/07/2010 determining modalities of the functioning of the labour inspectorate under section 159 of Act No. 13/2009 was adopted and published in the Official Gazette in 2010. It observes that the ministerial order, in its section 3, provides that collective disputes are henceforth exempt from mediation by labour inspectors, contrary to what is indicated in sections 141 and 143 of Act No. 13/2009. However, it also notes, that the final legal text confirms mediation duties in the field of individual disputes. In addition, it notes that, by virtue of section 3 paragraph 7 of the order, the labour inspector is held to collect, analyse and make forecasts for labour statistics in his/her area.

The Committee once again stresses that it is necessary for labour inspectors to focus on their primary duties, such as the enforcement of legal provisions on labour conditions and protection of workers while engaged in their work (Article 3(1)) and that any further duties entrusted to them should not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality, which are necessary in their relations with employers and workers (Article 3(2)). It underlines once again, that in the present country specific context, which is marked by penury of resources, which appear to be even exacerbated by the decentralization of administration, an increased attention towards a clear focus on primary duties is necessary, which excludes a possible role of labour inspectors in settling individual and collective labour disputes.

The Committee hopes that the Government will take appropriate measures to discharge labour inspectors of any mediation functions regarding individual and collective labour disputes. It requests the Government once again that the legal framework, sections 141 and 143 of Act No. 13 /2009, as well as section 3(3) of the Ministerial Order No. 7 of 13/07/2010, be amended in this regard, and to keep the Office informed of the progress made in this respect.

The Committee also asks the Government to specify what precisely the duty of collection, analysis and the forecasting for labour statistics in his/her area might entail in a daily work context.

Article 12(1)(a). Scope of the right of free entry of inspectors into workplaces liable to inspection. The Committee recalls again its long-standing comments, in which it had underlined that the right of free access to workplaces should be also granted outside regular working hours. It notes with regret, that the Government limits itself to the repetition of the legal sections of Act No. 13/2009 in question, without detailing if it is intended to bring them in line with Article 12 of the Convention. The Committee highlights again, that the protection of workers and the technical requirement of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It should be therefore for the inspector to decide whether a visit is reasonable (General Survey on labour inspection 2006, paragraph 270).

The Committee requests the Government once again to bring its legislation in line with Article 12(1)(a) of the Convention so as to ensure that the powers of entry of labour inspectors are extended to any hour of the day or night regardless of the working hours of the workplaces liable to inspection.

Articles 19, 20, and 21. Reports on the activities of the labour inspection services. The Committee notes that an annual inspection report has not yet been received by the ILO, contrary to what had been announced, and that copies of reports drawn up by the decentralized inspection services on their activities as required by Article 19 and as requested by the Committee in its previous comments, neither were provided. Recalling the importance of making the fullest possible information available on an annual basis on each of the subjects enumerated by Article 21, so that the social partners, the national authorities and the ILO supervisory bodies can assess the effectiveness of the labour inspection system and contribute to its improvement, the Committee requests the Government to ensure that annual reports, as well as the copies of reports pursuant to Article 19, will be communicated to the ILO in the near future.

Repetition

Articles 1, 4, 6, 7, 10, 11, 16, 19, 20 and 21 of the Convention. Application of the Convention in the context of the decentralization of labour inspection. In its previous comments, the Committee expressed concerns in relation to the decentralization of the labour inspection system, as it appeared to be accompanied by a weakening of human and budgetary resources. The Committee noted that a decentralization of the labour inspection system may only be acceptable under Article 4 if the units at the decentralized level have the resources necessary for the implementation of the labour inspectorate functions within their jurisdiction (General Survey on labour inspection, 2006, paragraph 140). It emphasized that decentralization characterized by a general and chronic inadequacy of resources, bears the intrinsic risk of both the volume and quality of inspection, being negatively affected, in addition to the ability of inspectors to fulfil their reporting obligations to the central authority, as envisaged in Article 19, so as to allow for a general assessment of the labour inspection system through the establishment of annual reports pursuant to Articles 20 and 21. In particular, the budget allocation appears to be managed at the prefectoral level, with the result that decisions on resource allocation at the decentralized level are taken by the local authority, which results in the absence of a single policy in labour inspection throughout the territory in terms of the planning of inspections and communication, recruitment and training, and the allocation of material resources, such as transport and office facilities. The management of resources at the local level in this manner appears to result in the recruitment of labour inspectors at the local level, and in inspectors being placed under the supervision of the prefect or the mayor at the district level, as indicated by the Government in its previous reports. The Committee noted previously that any instruction or policy of a technical nature by the Ministry of Labour with a view to ensuring a single policy throughout the provinces, is likely to remain a dead letter, as the budget allocated to labour inspection depends on the local prefect or mayor. It also noted that the provision of adequate budgetary resources is essential to ensure that labour inspection staff are independent from improper external influences, as required by Article 6.

In this context, the Committee notes the indications made by the Government in response to its comments that an adequate budget is allocated to labour inspectors in the districts, and that budget allocation is coordinated by the central authority in cooperation with local governments. The Government adds that district labour inspectors are required to report to the central authority, namely the Ministry in charge of labour, and that the latter assumes a technical coordination role, providing supervision on ethical questions, giving policy guidance and providing technical support. It also notes from the website of the Ministry of the Public Service and Labour a number of policy documents relating to the Public Administration Reform in Rwanda, such as the Policy Framework for Rwanda’s Civil Service Reform.

The Committee requests the Government to provide more details on the criteria for budget allocation for labour inspection among local governments. It also asks the Government to clarify whether a particular budget line is dedicated to labour inspection only at the district and/or state level. It further asks the Government to specify the manner in which disagreements are resolved on the use of budgetary resources between local governments and the central authority in the field of labour inspection, and whether the central authority is vested with final powers of decision in such cases.

It asks the Government to provide any legal text which serves as a basis and which it deems useful in this regard in order to enlighten the Office on the nature of the cooperation described in budget allocation.

The Committee also requests the Government to provide information on the resource situation within the labour inspection system, including the number of staff by district and at the central level, the means of transport and office space available for labour inspectors in each of the districts.

Finally the Committee asks the Government to keep the Office informed of any development in the public administration reform, and to describe its possible impact on the status and conditions of service of labour inspectors, and on the organization of the labour inspection system.

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

Repetition

Also referring to its observation, the Committee requests the Government to provide information in relation to the following points.

Article 2 of the Convention. Extension of the labour inspection coverage in law. The Committee notes that Act No. 13/2009 of 27 May 2009 on regulating labour in Rwanda applies also to informal sector workers as far as social security, trade union organization and health and safety at the workplace are concerned. The Committee would be grateful if the Government would supply information on the practical application of the provisions of this Act, in particular, labour inspection activities concerning workers occupied in the informal economy.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes that, according to the Government, the draft text of a Ministerial Order (unnumbered and undated) relating to the modalities of the functioning of the labour inspectorate under section 159 of Act No. 13/2009, has already been issued by Cabinet. It observes that section 3 of the Order specifies that mediation functions are entrusted to labour inspectors only as regards individual conflicts and not collective disputes. The Committee notes that this provision is diverging from sections 141 and 143 of Act No. 13/2009 according to which labour inspectors are expected to engage in the settlement of both individual and collective labour disputes.

The Committee would like to stress that as indicated in paragraphs 72–74 of the General Survey of 2006 on labour inspection, conciliation is not among the duties of the labour inspectorate as defined in Article 3(1) of the Convention and that according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. It recalls the importance of avoiding overburdening inspectorates with tasks which by their nature may be understood as incompatible with their primary function of enforcing legal provisions, as provided for in Article 3(2); this is particularly pertinent in the current context of the labour inspectorate characterized by decentralization and a general and chronic inadequacy of resources. Assigning conciliation of industrial disputes to labour inspection officers is counterproductive as this prevents them from fully carrying out their supervisory function of ensuring the application of legal provisions relating to conditions of work, which would be the best way to avoid or diminish the occurrence of labour disputes. The Committee requests the Government to specify whether the Ministerial Order which prevents labour inspectors from engaging in mediation of collective disputes has already been adopted and to communicate the final text. It also requests the Government to ensure that sections 141 and 143 of Act No. 13/2009 are amended so that labour inspectors are not entrusted with functions related to the settlement of individual and collective labour disputes.

Article 12(1)(a). Scope of the right of entry of inspectors into workplaces liable to inspection. With reference to its previous comments, the Committee notes that according to section 158 of Act No. 13/2009 the labour inspector may enter during working hours, whether at night or during the day, any firm of his/her competence for inspection. The Committee underlines that according to Article 12 of the Convention, labour inspectors should be able to enter workplaces liable to inspection even outside working hours where this is warranted. The Committee requests the Government to take all necessary measures to ensure that the legislation is brought in line with Article 12(1)(a) of the Convention so as to ensure that the powers of entry of labour inspectors are extended to any hour of the day or night regardless of the working hours of the workplaces liable to their control.

Articles 19, 20 and 21. Reports on the activities of the labour inspection services. The Committee takes note of the 2009 annual labour inspection report by the Directorate General of Labour and Employment communicated by the Government. It notes that the text in question contains the indication “draft”. It also notes that the information reflected in the report is difficult to evaluate due to the inconsistent nature of the data provided. For instance, the number of enterprises is reported to be 699 for 2007, 1,056 for 2008 and 763 for 2009 while the corresponding numbers of workers is 15,026 for 2007, 14,595 for 2008 and 32,707 for 2010. The Committee once again requests the Government to provide copies of the reports drawn up by the decentralized labour inspection services on their activities as required by Article 19. Given that the central labour inspection authority is composed of one person, the Committee urges the Government to take the necessary measures to give effect to Articles 20 and 21 under which the central authority should be responsible for the publication of an annual labour inspection report containing information on all the items listed in Article 21 and to keep the Office informed or indicate the difficulties encountered. The Committee once again draws the Government’s attention to the valuable guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), on the presentation of the information required in the annual report with a view to ensuring that it is an effective tool for the evaluation and development of the labour inspection system. It also invites the Government to refer to the comments that it made on this matter in its General Survey op. cit, paragraphs 320 et seq.

Repetition

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.