Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Legislation. The Committee would like to draw the Government’s attention to the differences in translation between the French, Kinyarwanda and English versions of section 12 of Act No. 13/2009 of 27 May 2009 regulating labour (non-discrimination criteria). The English and Kinyarwanda versions both contain a reference to “salary” (“salary” and “umushahara” respectively), while the French version refers to “treatment” (“traitement”) in the sense of equal treatment. In so far as the Act specifies that it was initiated in French and then examined and adopted in Kinyarwanda (section 172), the Committee would be grateful if the Government would clarify the content of section 12 of the Act of 2009 regulating labour in its next report.

Assessment of the gender wage gap. Statistics. In its previous comments, the Committee asked the Government to provide the results in respect of the remuneration received by men and women workers, of the labour force survey which was carried out in 2006 and mentioned in the Government’s previous report received in 2006. However, in its report of 2009, the Government indicates that it undertakes to carry out this survey and that the results will be provided as soon as they are available. Referring to its 1998 general observation, the Committee would once again like to stress the importance of providing the most detailed information possible to allow an adequate evaluation of the nature, extent and causes of the pay differential between men and women, and of the progress achieved in implementing the principle of the Convention. The Committee therefore asks the Government to indicate whether the survey has indeed been carried out or whether there are plans to do so, and to provide any information gathered, as well as any statistics available allowing a comparison of remuneration of men and women in the same sector of activity and in different sectors of activity.

Minimum wage fixing. With regard to the determination of the guaranteed inter-occupational minimum wage (SMIG), noting that the Government refers to its previous report, the Committee therefore concludes that the Ministerial Order determining the SMIG, the draft of which was provided to the ILO in 2006, has not yet been adopted. The Committee also notes that, under section 76 of the Act of 2009 regulating labour, “the guaranteed minimum wage (SMG) according to occupational category shall be determined by order of the minister responsible for labour following collective consultation with the bodies concerned”. In this regard, the Committee would like to draw the Government’s attention to the need to use, when determining minimum wages, methodology and criteria which are free from any gender bias, and to ensure that rates of remuneration in occupations dominated by women are not set below the level of the rates applied to occupations dominated by men carrying out work of equal value. The Committee asks the Government to indicate in its next report:

(i)    whether the Ministerial Order determining the SMIG – the minimum wage common to all occupations – has been adopted;and

(ii)   whether the SMG by occupational category has been determined by Ministerial Order and, if so, the method and criteria used to determine these rates, indicating, in particular, whether the value of the work was used as the reference point for determining them.

The Government is also requested to provide copies of the texts adopted on this matter.

Application of the principle of equal remuneration by means of collective agreements. The Committee notes that the Government’s report provides no indication of the existence of collective agreements determining wages. Noting that, according to section 120(d) of the 2007 Act regulating labour, collective labour agreements shall refer to the wages applicable by occupational category, the Committee asks the Government to provide a copy of any collective agreement containing clauses determining wages and giving expression to the principle of equal remuneration for men and women for work of equal value. The Government is also requested to provide information on any measures taken or envisaged, during the negotiation or renegotiation of the clauses relating to wages, to encourage the social partners to include in the collective agreement concerned a clause relating to the abovementioned principle of equal remuneration, to take steps to carry out an objective job evaluation and to avoid the use of gender stereotypes and gender bias, in particular with regard to certain occupations perceived as “female”, the value of which could be undervalued in comparison with occupations dominated by men.

Application. Labour inspection. The Committee notes that the Government indicates in its report that labour inspectors have received some training, but that it would like to receive technical assistance from the Office to develop these training and awareness-raising activities. While encouraging the Government to continue its efforts in this regard, the Committee asks to be kept informed of the steps taken to obtain technical assistance from the ILO.