Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s report.

Articles 3 and 10 of the Convention. 1. Right to strike. In its previous comments, the Committee had noted that section 183 of the Labour Code provides that, when a collective labour dispute occurs, before referring the matter to the competent jurisdiction, the parties concerned must first submit it to the Conciliation Council to endeavour to reach an agreed settlement. Where conciliation is not successful, the dispute shall be brought to the competent jurisdiction. The Committee had also noted that section 189 prohibits any strike by workers before the exhaustion of the procedures set out in the Labour Code, or in violation of a conciliation agreement on the collective dispute or a judgement that has become final. In this respect, the Committee had requested the Government to indicate the circumstances in which workers can lawfully have recourse to strike action in practice, since section 189 appears to prohibit such action before the exhaustion of the procedures set out in section 183. The Committee notes that, according to the Government, a strike will occur, on the one hand, as a reaction to negative behaviour by one of the parties which has not complied with the judgement issued by the competent jurisdiction once it has become final and, on the other hand, when, following the expiry of the 15-day period, the conciliation council to which the matter has been referred has not issued its conclusion (section 189(2) of the Labour Code).

The Committee recalls that provisions which, for instance, require the parties to exhaust mediation or conciliation procedures or workers’ organizations to observe certain procedural rules before calling a strike are admissible provided that they do not make the exercise of the right to strike impossible or very difficult in practice, which would result in a very wide restriction of this right in fact (see the General Survey on freedom of association and collective bargaining, 1994, paragraph 179). However, it would appear from the Government’s reply that the combination of sections 183 and 189 of the Labour Code seems to constitute a form of compulsory arbitration, thereby excessively restricting the right to strike of trade union organizations. In practice, such organizations appear to be compelled to comply with precise procedures before the Conciliation Council and, in the event of failure, before the competent jurisdiction, these procedures involving the prohibition of recourse to strike action until they are exhausted and the judgement has become final. The Committee therefore requests the Government to amend section 189 of the Labour Code so that, in the case of disagreement with the final decision, trade union organizations may have recourse to strike action. With regard to section 183 of the Labour Code, the Committee also refers to its direct request made in the context of the regular examination of Convention No. 98.

2. Right of organizations of public servants not exercising authority in the name of the State to formulate their programmes in defence of the occupational interests of their members, including recourse to collective action and to strikes. In its previous comments, the Committee had noted that no specific provision of Act No. 22/2002 of 9 July 2002, issuing the general conditions of service of the public service in Rwanda, refers to the granting of the right to strike for public servants or the conditions under which it may be exercised, and requested the Government to indicate the provisions applicable in this respect. The Committee notes the Government’s indication that the general conditions of service of the public service do not set out conditions for the exercise of the right to strike by public servants, that it takes due note of the comments made on this subject and that it will have to endeavour to establish such conditions in future. The Committee takes due note of the Government’s comments and requests it to keep it informed on this matter.