Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Legislation. Grounds of discrimination and scope of protection. Recalling its previous comments concerning section 12 of the Labour Code (Act No. 51/2001), the Committee notes the Government’s statement that a draft Labour Code had been drafted, section 7 of which would replace section 12 of the existing law. According to the Government, the new section 7 of the draft Labour Code prohibits discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all stages of the employment process. The Committee hopes that the revision of the Labour Code will introduce provisions on equality of opportunity and treatment in employment and occupation in accordance with the Convention, and encourages the Government to seek, in this regard, the assistance of the ILO. The Committee requests the Government to provide the text of the draft Labour Code to the Committee for examination.

2. Sexual harassment. The Committee notes the Government’s indication that section 16 of the draft Labour Code provides that a worker cannot be sanctioned for having been sexually harassed or for having objected to acts of sexual harassment by the employer, a representative of the employer or any other person abusing his or her authority. The same provision also protects workers who report sexual harassment. The Committee hopes that the new provisions on sexual harassment will not only address the protection of workers from reprisals, but also define and prohibit sexual harassment as such. The Committee urges the Government to have due regard to its 2002 general observation on sexual harassment for further guidance. The Committee requests the Government to keep it informed of the steps taken to include appropriate provisions on sexual harassment in the Labour Code.

3. Application to the civil service. The Committee notes that the Government’s report refers to section 181 of the Constitution which envisages the establishment of a civil service commission as an independent national institution responsible for organizing an objective, impartial and transparent system for the selection of candidates. Noting the observations made by the Congress of Labour and Brotherhood of Rwanda (COTRAF) according to which the civil service commission has not yet been established, the Committee requests the Government to provide full information on the establishment and functioning of this commission, including on the measures taken by it to ensure that recruitment to the civil service is free from discrimination.

4. Practical application. In its previous comments, the Committee noted observations from workers’ organizations concerning discrimination in practice on the grounds of sex, ethnicity, religion, political affiliation or social origin, despite the fact that the law prohibits such discrimination. In reply to the requests for information made by the Committee in this regard, the Government indicates that no cases of discrimination have been reported to the labour inspection services. No information was provided on whether and how the National Human Rights Commission, the Office of the Ombudsperson or the courts had addressed instances of discrimination.

5. The Committee emphasizes that prohibiting discrimination by law is an important element in ensuring the application of the Convention. However, a national policy to promote equality of opportunity and treatment in employment and occupation, as envisaged under Article 2 of the Convention, also requires the Government to take specific measures to ensure that equality of opportunity and treatment can be enjoyed in practice. In this regard, the Committee recommends that the Government examine whether the available administrative and judicial remedies are appropriate to address discrimination in employment and occupation, as well as any other obstacles for the detection and resolution of instances of discrimination in employment and occupation. In this context, the Committee recommends that awareness raising and training on equality issues be strengthened. The Committee requests the Government to provide detailed information on the measures taken or envisaged in this regard, indicating how the cooperation with workers’ and employers’ organizations and other appropriate bodies, such as the National Human Rights Commission, has been sought. The Committee also requests the Government to indicate any cases of discrimination in employment and occupation dealt with by the competent authorities.

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