Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s reports.

Article 1(a) of the Convention. 1. In its previous comments, the Committee requested the Government to provide information on the application in practice, including judicial decisions, of certain provisions of the Penal Code under which any person who makes use of the spoken, written or printed word to incite or attempt to incite the population against the public authorities or to alarm the population (section 166), and any person who impugns the binding force of the law (section 167), shall be punished by imprisonment. The Committee notes the Government’s statement in its report that copies of judgements issued under sections 166 and 167 of the Penal Code will be provided as soon as possible.

The Committee trusts that copies of the above judgements will be forwarded to the Office as soon as possible.

Article 1(c). 2. The Committee has been referring for several years to the Decree of 1 April 1983 regulating contracts of engagement in work on river navigation and the Decree of 11 May 1921 issuing the Disciplinary and Penal Code for River Navigation, which allow the imposition of prison sentences on boat hands for breaches of labour discipline. The Committee had previously noted the information provided by the Government to the effect that there had been no cases of imprisonment of boat hands for breaches of discipline. The Committee notes the Government’s statement in its previous report that it has taken due note of the Committee’s comments requesting the amendment of the Decrees of 1 April 1983 and 11 May 1921. However, it notes that no steps have been taken to this effect.

The Committee therefore once again requests the Government to take all the necessary measures to ensure that no sentence involving the obligation to work can be imposed on boat hands in cases of breaches of labour discipline.

Article 1(d). 3. The Committee notes section 191 of Act No. 51/2001 issuing the Labour Code, which provides that the right to strike of "workers in posts that are indispensable for the safety of the population and property, and workers in jobs the stoppage of which would jeopardize safety and human lives" shall be exercised in accordance with specific procedures determined by order. The Committee also notes that section 190 of the Labour Code provides for penalties for any strike called illegally. Section 190 provides that employers may take action in the courts against workers who have participated in a strike considered to be illegal by the competent authority.

The Committee requests the Government to indicate the penalties incurred by workers against whom action is taken in the courts by employers, and to provide copies of the Order governing the modalities for the application of section 191 of the Labour Code.

4. The Committee requests the Government to provide copies of the following texts once they have been adopted:

-  the Act establishing the Rwandan Defence Forces (adopted by the Transitional National Assembly on 12 April 2002);

-  the Press Act (adopted by the Transitional National Assembly on 28 September 2001);

-  the new general conditions of service of State officials;

-  Act No. 40/2000 of 26 January 2001 establishing "gacaca jurisdictions" and organizing judicial action in the case of violations constituting crimes of genocide or crimes against humanity, and the implementing provisions respecting work of general interest; and

-  the Act respecting freedom of association.