Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1, 2 and 3(b). Anti-discrimination legislation. Private sector. Further to its previous comments regarding the protection afforded under article 9 of the Law regulating labour in Rwanda (Law No. 66/2018), the Committee notes the Government’s indication in its report that: (i) article 9 prohibits discrimination of any kind, whether direct or indirect; (ii) the grounds of national extraction, political opinion and social origin are covered under any other form of discrimination; and (iii) for the purpose of being more explicit, a future labour law review would consider the opportunity of mentioning specifically that the scope of the protection covers recruitment. The Committee invites the Government to also consider specifically mentioning the grounds of national extraction, political opinion and social origin in article 9 in the context of a future labour law review.

Public sector. Further to its previous comments, the Committee notes the Government’s indication that: (i) public servants are protected by the non-discrimination provision in the Constitution (article 16); (ii) article 163 of Law No. 68/2018 of 30 August 2018 determining offences and penalties in general, as amended, punishes any kind of discrimination referred to in the Constitution; and (iii) discrimination cases are handled in accordance with the Law No. 027/2019 of 19 September 2019 on criminal procedures. The Committee notes that article 163 of Law No. 68/2018 covers all the grounds under Article 1(1)(a) of the Convention. It also notes that the Government does not provide any information regarding cases of discrimination addressed by the courts. The Committee considers that addressing discrimination in employment only through criminal proceedings may not provide sufficient protection as criminal proceedings usually require a higher threshold and burden of proof. The Committee therefore invites the Government to consider inserting protections against discrimination in employment in Law No. 017/2020 establishing the general statute governing public servants.

Sexual harassment. Noting the ratification of the Violence and Harassment Convention, 2019 (No. 190), by Rwanda, in 2023, the Committee will continue its consideration of this matter when examining the first report under that Convention.

Articles 1 to 3. National policy for equality of opportunity and treatment. Historically marginalized populations, including Batwa people. Further to its previous comments, the Committee notes that the Government reiterates its previous statement that it does not consider any group of Rwandans as distinct of others and it ensures that its socio-economic interventions benefit all citizens, with a focus on the most vulnerable. The Committee notes that in its concluding observations of 2025, the Committee on Economic, Social and Cultural Rights expressed concern that the Batwa remained disproportionately affected by poverty, lower school attendance, higher dropout rates and poorer educational outcomes, among other issues. The CESCR recommended that the State Party take effective measures to address the disparities affecting the Batwa in the enjoyment of their economic, social and cultural rights, including by implementing targeted interventions to tackle the administrative, financial, material and other barriers that they face with regard to access to education, and employment, among others. The Committee requests the Government to provide information on any progress made to address these issues.

Gender equality. Measures to address educational and occupational gender segregation. Further to its previous comments, the Committee notes the information provided by the Government regarding: (i) measures taken for equal opportunities of boys and girls to pursue their studies in tertiary education (such as specific programmes to promote female participation in Science, Technology, Engineering, and Mathematics); (ii) statistics showing female students outnumbering male students in lower and upper secondary education, whereas the opposite trend is observed in the Technical and Vocational Education and Training sector and in higher education institutions; (iii) statistics showing an increase in the overall percentage of female managers (+7 per cent between 2017 and 2023); and (iv) measures taken to facilitate the access of women to the labour market (such as advisory services to support the development of small businesses, especially for women). The Government also refers to: (i) the Revised National Gender Policy (2021) to accelerate women economic empowerment, including gender-responsive employment promotion; and (ii) the Gender Mainstreaming Strategy engaging men and women to ensure men’s role in gender equality promotion including in employment sector development. The Committee notes from the Revised National Gender Policy that women are heavily involved in domestic activities including unpaid care work, limiting their ability to devote more time to other productive activities, and that a policy action identified to address this issue is to devise mechanisms and programmes to ensure shared responsibility between men and women over domestic work/unpaid work. The Committee also notes the Government’s recognition of the existing occupational gender segregation in the country. It recalls that occupation gender segregation and unbalanced distribution of family responsibilities are key obstacles for achieving gender equality at work. The Committee requests the Government to continue to provide information on the measures taken to achieve better equality for women in all aspects of employment, including measures to address educational and occupation gender segregation, and on the impact of such measures. In particular, please provide information on measures taken to address the gender imbalance in unpaid care work.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. Further to its previous comments, the Committee notes that, while stating that the labour force survey indicated that there was no gender pay gap in the country, the Government acknowledges the existing differentiation in the total wage bill per gender and considers that it is explained by occupation gender segregation. The Committee notes that where there is a notable difference in the total wage bill between men and women, there is a gender pay gap that needs to be addressed. It recalls that occupational gender segregation (and, hence, the likelihood of women being employed in the least well-paid branches of activity and occupations), and differences between women’s and men’s occupational careers resulting from the difficulty of reconciling work and family responsibilities, are factors contributing to the gender pay gap more than direct discrimination between men and women carrying out work of the same value. The Committee invites the Government to continue to examine the gender pay gap in the country and recalls that the Government may avail itself of ILO technical assistance in this regard.

Articles 1 and 2. Principle of equal remuneration for men and women for work of equal value. Further to its previous request regarding the need to remove the reference to the “same employer” in the definition of “works of equal value” in Law No. 66/2018, the Committee notes the Government’s indication that it would assess the alignment of the Law with the definition of equal remuneration for men and women for work of equal value under Convention No. 100 and make the necessary changes depending on the assessment outcomes. The Committee requests the Government to provide information on progress made in this regard.

Article 3. Objective job evaluation methods.Please provide information on: (i) any measures taken to promote objective appraisal of jobs on the basis of the work to be performed, (ii) the results of any job assessments done in the private and public sectors to ensure the principle of the Convention is applied; and (iii) the objective job evaluation methods used to conduct these assessments.

Article 2. Minimum wage fixing. Further to its previous request, the Committee notes the Government’s indication it is still in consultations with social partners and stakeholders on the minimum wage. It refers to its comments under C26 in this regard.

Collective agreements. Further to its previous request, the Committee notes the Government’s commitment to continue raising awareness through social partners compliance forums on avoiding the use of gender stereotypes or gender bias when fixing wages. The Committee requests the Government to provide information on the manner in which the principle of the Convention is applied through collective agreements in the country.

Enforcement. Further to its previous request, the Committee notes that the Government indicates that the labour inspectorate is responsible for monitoring compliance with Law No. 66/2018 and that there were no reported cases of non-compliance with the principle of equal remuneration for men and women for work of equal value. The Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee requests the Government to examine this matter and provide information on any measures taken to address it.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. Statistics. The Committee notes the Government’s indication in its report that the National Institute of Statistics of Rwanda analysed the gender pay gap through the Labour Force Survey introduced in Rwanda in 2016. It notes the Government’s indication that, in August 2016, the gender wage gap in the private sector was 10 per cent, 9 per cent in the whole country and there was no gap in the public sector. The Government further indicates that, in February and in August 2017, there was no gender pay gap. The Committee notes however that, according to the UNDP Rwanda Gender Equality Strategy (2019-2022), women in formal employment are paid less than men in comparable employment and the gender pay gap in Rwanda is 27 per cent (see page 14). The Committee requests the Government to provide statistical information disaggregated by sex on the gender pay gap in all sectors of the economy and on the pay levels of men and women and any analysis thereof.

Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee recalls that the previous Law regulating labour (No. 13/2009) did not contain any substantial provisions prescribing equal remuneration for men and women for work of equal value and only referred to “similar work” in the definition of “work of equal value”. The Committee notes with interest that: (1) section 9 of Law regulating labour in Rwanda (Law No. 66/2018), adopted on 30 August 2018, requires the employer to pay employees “equal salary for work of equal value without discrimination of any kind” and section 40 establishes the right of employees to receive “equal salary for work of equal value without discrimination of any kind” (salary is defined in section 3(29) as “the basic salary paid to an employee plus allocated allowances for the work performed”); and (2) the definition of the expression “work of equal value” which appears in section 3(8) of Law No. 66/2018 refers to “works that are identical, similar, interchangeable or different in some cases performed by employees for the same employer but which have equal value”. In this regard, while noting the significant progress made in the new Law regulating labour, the Committee wishes to emphasize that, with respect to the definition of “work of equal value”, the application of the principle of the Convention is not limited to the work performed for the same employer, but it goes beyond as there may be no male or female comparator in the same enterprise. Consequently, when reviewing the Law regulating labour No. 66/2018in the future, the Committee asks the Government to consider removing the reference to the “same employer” in section 3(8) of the Law. It also asks the Government to take the necessary steps to raise awareness of the provisions on equal salary for work of equal value among workers, employers and their organizations, as well as labour inspectors and judges and organize specific training sessions on the principle of equal remuneration for men and women for work equal value. With a view to operationalize in practice this principle, the Committee also invites the Government to consider drafting implementing regulations providing an appropriate methodology to be used to compare work performed by men and work performed by women and determine work of equal value, through objective job evaluation.

Article 2. Minimum wage fixing. The Committee notes the Government’s indication that the draft Ministerial Order determining minimum wage is still under consultations by concerned authorities. It recalls that the setting of a minimum wage has an influence on reducing the gender pay gap, as women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid. Expressing the firm hope that the draft Ministerial Order will be adopted soon, the Committee asks the Government to supply information on progress made in the process of fixing the minimum wage and to send a copy of any legal texts adopted in this respect.

Collective agreements. In the absence of reply in the Government’s report, the Committee once again asks the Government to supply information on the steps taken or envisaged to encourage the social partners:

• (i)to include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and
• (ii)to undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages.

Enforcement. Labour inspectorate and courts. The Committee once again asks the Government to provide information on any advisory and enforcement activities of the labour inspectorate with respect to the principle of equal remuneration for men and women for work of equal value, including any information available on the number, nature and outcomes of infringements.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 and 2 of the Convention. Protection against discrimination. Legislation.Private sector. The Committee notes that section 9 of the Law regulating labour in Rwanda (Law No. 66/2018), adopted on 30 August 2018, prohibits employers to discriminate against employees on the basis of “ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural difference, language, physical or mental disability or any other form of discrimination”. The Committee notes that the grounds of “national extraction”, “political opinion” and “origin”, which appeared in the previous Law regulating labour, are no longer explicitly prohibited in the new Law regulating labour (Law No. 66/2018), and that this law does not specify the scope on the non-discrimination provisions. Therefore, the Committee asks the Government to indicate whether the prohibition of discrimination in section 9 of Law No. 66/2018 covers:

• (i)both direct and indirect discrimination; and
• (ii)all stages of employment and occupation, including recruitment, in accordance with Article 1(3) of the Convention.

It also asks the Government:

• (i)to explain the reasons why “national extraction”, “political opinion” and “origin” were removed from the list of explicitly prohibited discrimination grounds;
• (ii)to consider, when revising the Law regulating labour, including in section 9 a reference to the grounds of “national extraction”, “political opinion” and “social origin”, set out in Article 1(1)(a) of the Convention; and
• (iii)to indicate if, and on which legal basis, discrimination based on “political opinion”, “national extraction” and “social origin” in employment and occupation was ever reported by workers or labour inspectors and dealt with by the courts.

Public sector. The Committee recalls the Government’s statement in its previous comment that public service workers are protected against all forms of discrimination and its reference in this regard to the Constitution, which prohibits all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural or linguistic difference, social situation, physical or mental disability or any other grounds, and provides that all discrimination shall be punishable by law (section 11). The Committee notes the adoption of the Law establishing the general statute governing public servants (Law No. 017/2020) of 7 October 2020, which does not include any legal provisions defining and prohibiting discrimination based on the grounds enumerated by Article 1(1)(a) of the Convention or any other grounds under Article 1(1)(b). The Committee asks the Government:

• (i)to indicate how the protection of public servants against direct and indirect discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin, in accordance with Article 1(1)(a) of the Convention, is ensured in practice, for example through training or awareness-raising, helplines, guidelines or codes of conduct; and
• (ii)to specify how public servants who may be victims of discrimination in employment and occupation, including at the recruitment stage, can assert their right to non-discrimination on the basis of the provisions of the Constitution and the Law establishing the general statute governing public servants (Law No. 017/2020), indicating the applicable procedure and specifying whether, and how, it has been used in practice.

Discrimination based on sex. Sexual harassment. The Committee recalls the Government’s commitment in its 2018 report to a zero-tolerance policy to gender-based violence and sexual harassment. While welcoming the inclusion in Law No. 66/2018 of provisions prohibiting any form of sexual harassment as well as retaliation in case of reporting or testifying on a case of sexual harassment (section 8), the Committee regrets that the new law: (1) does not contain any definition of sexual harassment; (2) prohibits sexual harassment only against a subordinate employee; and (3) does no longer contain provisions prohibiting and defining “gender-based violence in employment” and “moral harassment at work”. The Committee notes however that the Law determining offences and penalties in general (Law No. 68/2018), adopted on 30 August 2018, defines “sexual harassment” as“repeated remarks or behaviour of sexual overtones towards a person that either undermine, violate his/her dignity because of their degrading or humiliating character which create against him/her an intimidating, hostile or unpleasant situation”. To address effectively all forms of sexual harassment, the Committee asks the Government to take the necessary steps to modify section 8 of Law No. 66/2018 to ensure that:

• (i)sexual harassment is prohibited not only against subordinate employees but also trainees, co-workers, superiors, clients, providers, etc.; and
• (ii)the protection against sexual harassment covers explicitly all persons mentioned before, male and female, with respect not only to employment and occupation, but also vocational education and training, access to employment (recruitment) and conditions of employment.

It also asks the Government to consider:

• (i)modifying the Law determining offences and penalties in general (Law No. 68/2018) to remove element of repetition in the definition of sexual harassment; and
• (ii)including in Law No. 66/2018 a clear and comprehensive definition of sexual harassment in employment and occupation, which covers both quid pro quo and hostile working environment sexual harassment at all stages of employment.

Finally, the Committee asks the Government to provide information on:

• (i)any practical measures adopted to address sexual harassment in employment and occupation, such as codes of conduct or guidelines, help lines, legal assistance or support units to assist victims, training for the employers’ and workers’ organizations and labour inspectors or awareness-raising campaigns; and
• (ii)the number, nature and outcomes of cases of sexual harassment in employment and occupation detected by or reported to labour inspectors and dealt with by the courts.

Article 2. Promotion of equality of opportunity and treatment for men and women, including access to vocational education and training. The Committee notes the information provided by the Government in its 2018 report on the measures taken to encourage access to and maintenance of girls in education (grants, school constructions, rewards, etc.) and to diversify their training, in particular the Technical Vocational Education and Training (TVET) Policy, adopted in July 2015. The Committee further notes that the “promotion of gender equality and equity in education” to address the remaining gender gaps in TVET, Science, Technology, Engineering and Maths (STEM) and tertiary education, as well as “equal access and control of productive resources and economic opportunities for women and men, boys and girls” are part of the priorities set out in the Revised National Gender Policy (RNGP) adopted in February 2021 by the Ministry of Gender and Family Promotion. The Committee also notes the Government’s indication that, according to the Labour Survey, women accounted for 46 per cent of the labour force and 27 per cent of women occupied managerial positions; and their share in non-agricultural employment was 33 per cent. It further notes that the Government refers to: (1) the National Strategy for Transformation (NST1) (2017-2024) – in its 2018 report, which identify the “support and empowerment of women to create business through entrepreneurship and access to finance”, as a key strategic intervention; and (2) to the Revised National Employment Policy, 2019 - in its 2021 report, which seeks to promote entrepreneurship and business development especially for youth and women and to enhance women’s employability and promoting equal access to productive resources (such as land, finance and other resources). The Committee also recalls that Act No. 32/2016 of 28 August 2016 on individuals and families repealed and replaced the Civil Code, in particular provisions that had a negative effect on gender equality. Noting that section 9 of Law No. 66/2018 provides that “[a]n employer must give employees equal opportunities at the workplace”, the Committee asks the Government to provide detailed information on the measures taken, and the results achieved through the implementation of the above policies strategies:

• (i)to encourage and support girls and boys to diversify their fields of study and pursue their studies in tertiary education; and
• (ii)to facilitate the access of women to the labour market in a wider range of jobs at all levels, in particular in managerial positions, and to entrepreneurship and productive resources.

It also asks the Government to indicate if any analysis or studies were undertaken on the impact on gender equality in employment of the adoption of Act No. 32/2016 of 28 August 2016 on individuals and families, which repealed and replaced the Civil Code, and if so, to provide information on their findings. Finally, the Committee asks the Government to provide statistics, disaggregated by sex, on:

• (i)the school attendance of boys and girls at all levels of education; and
• (ii)the participation of men and women in employment, including in managerial positions, in all sectors of the economy.

Measures to promote equal access of “historically marginalized populations”, including Batwa people, to education, training and employment. The Committee notes the Government’s statement in its 2018 report that the Rwandan people share one culture, one language and live together, sharing the same vision and aspirations and, against this background, the concept of ethnicity cannot be relevant to the Rwandan context. According to the Government, “historically marginalized groups”: (1) are not treated as a separate or standing alone group of Rwandese; (2) are given equal respect and treatment as the rest of the Rwandan people; and (3) cannot be assimilated with the Batwa and vice-versa, as there is no clear indicator for measurement. The Committee notes that legal and policy reforms to address the situation of some vulnerable people under the category of “historically marginalized populations” were put in place (free education, health insurance, shelter schemes, etc.) to improve their standard of living and integrate them in the society at all levels. The Government adds that it supports these populations in formal education and vocational training to empower them so that they are competitive on the labour market on an equal footing with the other sectors of the Rwandan population. Noting this information, the Committee asks the Government:

• (i)to specify the groups covered by the term “historically marginalized populations”;
• (ii)to provide information on the action undertaken to enable them to access to education and training, to integrate the labour market on an equal footing with the other sectors of the Rwandan population and/or to practice their traditional activities (including access to land) and as well as information on any assessment made of the results achieved; and
• (iii)to take appropriate steps to prevent and combat the stigmatization and negative stereotypes against such populations, including the Batwa.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee notes from the Government’s report that several measures and initiatives were taken to address occupational gender segregation in the public service, such as the 30 per cent quota for women in decision making organs, the mobilization of women through the National Women Council to compete for higher positions and institutional women’s capacity building measures. The Committee asks the Government to provide information on the results of the above measures and mechanisms on the recruitment of women at higher levels in the public service (in management positions and positions with career prospects), including statistical data.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government’s report contains no reply to its previous comments.

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. Statistics. The Government reiterates that the labour force survey has not been carried out and that a statistical framework relating to gender and gender indicators has been drawn up in four sectors of activity providing a basis for the assessment of the gender wage gap. The Committee recalls that, in order to be able to address appropriately discrimination and unequal pay, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (see 2012 General Survey on the fundamental Conventions, paragraph 869). The Committee requests the Government to provide the statistical information gathered to assess pay levels for men and women and the gender pay gap and any analysis thereof, at least, with respect to the four sectors for which gender indicators have been drawn up.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that progress has been made in setting up minimum wages free from gender bias on the basis of the principle of work of equal value in the draft Ministerial Order determining minimum wage which was approved through tripartite consultations. Noting that the Government indicates that the draft Ministerial Order is awaiting approval by the competent authority, the Committee asks the Government to supply information on progress made in the process of fixing the minimum wage and to send a copy of any legal texts adopted in this respect.

Collective agreements. The Committee recalls that collective bargaining has been identified as an important factor in reducing the gender pay gap, and can, therefore, be key in the implementation of the Convention (see 2012 General Survey, paragraph 662). The Committee, once again, asks the Government to supply information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. It also requests the Government to provide extracts of collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. Noting that the extracts from reports of the labour inspectorate were not attached to the Government’s report, the Committee once again asks the Government to provide information on the promotional and enforcement activities of the labour inspectorate with respect to the principle of equal pay for men and women for work of equal value. The Committee also requests the Government to provide specific information on the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF-RWANDA) received on 24 June 2018. The Committee requests the Government to provide its comments in this respect.

Articles 1(b) and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow to fully implement the principle of the Convention. It also recalls that this law does not contain any substantial provisions prescribing equal remuneration for men and women for work of equal value and the Constitution only refers to “the right to equal wage for equal work”. The Committee notes that the Government continues to repeat that, in practice, there is no discrimination between men and women with regard to remuneration, and that full legislative expression will be given to the principle of equal remuneration for men and women for work of equal value in the ongoing revision process of Law No. 13/2009. The Government also indicates that the revision will also address the linguistic differences between the Kinyarwanda and English versions of section 12. The Committee once again refers to paragraphs 672–679 of its General Survey of 2012 on the fundamental Conventions explaining the meaning of the concept of “work of equal value” which not only covers “equal”, the “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. Noting that no progress has been made in this respect for a number of years, the Committee urges the Government to take the necessary steps without delay to amend Law No. 13/2009 of 27 May 2009 regulating Labour, including sections 1.9 and 12, so as to give full legislative effect to the principle of equal remuneration for men and women for work of equal value.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government’s report contains no reply to its previous comments.

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. Statistics. The Government reiterates that the labour force survey has not been carried out and that a statistical framework relating to gender and gender indicators has been drawn up in four sectors of activity providing a basis for the assessment of the gender wage gap. The Committee recalls that, in order to be able to address appropriately discrimination and unequal pay, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (see 2012 General Survey on the fundamental Conventions, paragraph 869). The Committee requests the Government to provide the statistical information gathered to assess pay levels for men and women and the gender pay gap and any analysis thereof, at least, with respect to the four sectors for which gender indicators have been drawn up.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that progress has been made in setting up minimum wages free from gender bias on the basis of the principle of work of equal value in the draft Ministerial Order determining minimum wage which was approved through tripartite consultations. Noting that the Government indicates that the draft Ministerial Order is awaiting approval by the competent authority, the Committee asks the Government to supply information on progress made in the process of fixing the minimum wage and to send a copy of any legal texts adopted in this respect.

Collective agreements. The Committee recalls that collective bargaining has been identified as an important factor in reducing the gender pay gap, and can, therefore, be key in the implementation of the Convention (see 2012 General Survey, paragraph 662). The Committee, once again, asks the Government to supply information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. It also requests the Government to provide extracts of collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. Noting that the extracts from reports of the labour inspectorate were not attached to the Government’s report, the Committee once again asks the Government to provide information on the promotional and enforcement activities of the labour inspectorate with respect to the principle of equal pay for men and women for work of equal value. The Committee also requests the Government to provide specific information on the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF-RWANDA) received on 24 June 2018. The Committee requests the Government to provide its comments in this respect.

Articles 1(b) and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow to fully implement the principle of the Convention. It also recalls that this law does not contain any substantial provisions prescribing equal remuneration for men and women for work of equal value and the Constitution only refers to “the right to equal wage for equal work”. The Committee notes that the Government continues to repeat that, in practice, there is no discrimination between men and women with regard to remuneration, and that full legislative expression will be given to the principle of equal remuneration for men and women for work of equal value in the ongoing revision process of Law No. 13/2009. The Government also indicates that the revision will also address the linguistic differences between the Kinyarwanda and English versions of section 12. The Committee once again refers to paragraphs 672–679 of its General Survey of 2012 on the fundamental Conventions explaining the meaning of the concept of “work of equal value” which not only covers “equal”, the “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. Noting that no progress has been made in this respect for a number of years, the Committee urges the Government to take the necessary steps without delay to amend Law No. 13/2009 of 27 May 2009 regulating Labour, including sections 1.9 and 12, so as to give full legislative effect to the principle of equal remuneration for men and women for work of equal value.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. Statistics. The Government reiterates that the labour force survey has not been carried out and that a statistical framework relating to gender and gender indicators has been drawn up in four sectors of activity providing a basis for the assessment of the gender wage gap. The Committee recalls that, in order to be able to address appropriately discrimination and unequal pay, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (see 2012 General Survey on the fundamental Conventions, paragraph 869). The Committee requests the Government to provide the statistical information gathered to assess pay levels for men and women and the gender pay gap and any analysis thereof, at least, with respect to the four sectors for which gender indicators have been drawn up.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that progress has been made in setting up minimum wages free from gender bias on the basis of the principle of work of equal value in the draft Ministerial Order determining minimum wage which was approved through tripartite consultations. Noting that the Government indicates that the draft Ministerial Order is awaiting approval by the competent authority, the Committee asks the Government to supply information on progress made in the process of fixing the minimum wage and to send a copy of any legal texts adopted in this respect.

Collective agreements. The Committee recalls that collective bargaining has been identified as an important factor in reducing the gender pay gap, and can, therefore, be key in the implementation of the Convention (see 2012 General Survey, paragraph 662). The Committee, once again, asks the Government to supply information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. It also requests the Government to provide extracts of collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. Noting that the extracts from reports of the labour inspectorate were not attached to the Government’s report, the Committee once again asks the Government to provide information on the promotional and enforcement activities of the labour inspectorate with respect to the principle of equal pay for men and women for work of equal value. The Committee also requests the Government to provide specific information on the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF-RWANDA) received on 24 June 2018. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments initially made in 2016.

Articles 1(b) and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow to fully implement the principle of the Convention. It also recalls that this law does not contain any substantial provisions prescribing equal remuneration for men and women for work of equal value and the Constitution only refers to “the right to equal wage for equal work”. The Committee notes that the Government continues to repeat that, in practice, there is no discrimination between men and women with regard to remuneration, and that full legislative expression will be given to the principle of equal remuneration for men and women for work of equal value in the ongoing revision process of Law No. 13/2009. The Government also indicates that the revision will also address the linguistic differences between the Kinyarwanda and English versions of section 12. The Committee once again refers to paragraphs 672–679 of its General Survey of 2012 on the fundamental Conventions explaining the meaning of the concept of “work of equal value” which not only covers “equal”, the “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. Noting that no progress has been made in this respect for a number of years, the Committee urges the Government to take the necessary steps without delay to amend Law No. 13/2009 of 27 May 2009 regulating Labour, including sections 1.9 and 12, so as to give full legislative effect to the principle of equal remuneration for men and women for work of equal value.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. Statistics. The Government reiterates that the labour force survey has not been carried out and that a statistical framework relating to gender and gender indicators has been drawn up in four sectors of activity providing a basis for the assessment of the gender wage gap. The Committee recalls that, in order to be able to address appropriately discrimination and unequal pay, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (see 2012 General Survey on the fundamental Conventions, paragraph 869). The Committee requests the Government to provide the statistical information gathered to assess pay levels for men and women and the gender pay gap and any analysis thereof, at least, with respect to the four sectors for which gender indicators have been drawn up.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that progress has been made in setting up minimum wages free from gender bias on the basis of the principle of work of equal value in the draft Ministerial Order determining minimum wage which was approved through tripartite consultations. Noting that the Government indicates that the draft Ministerial Order is awaiting approval by the competent authority, the Committee asks the Government to supply information on progress made in the process of fixing the minimum wage and to send a copy of any legal texts adopted in this respect.

Collective agreements. The Committee recalls that collective bargaining has been identified as an important factor in reducing the gender pay gap, and can, therefore, be key in the implementation of the Convention (see 2012 General Survey, paragraph 662). The Committee, once again, asks the Government to supply information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. It also requests the Government to provide extracts of collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. Noting that the extracts from reports of the labour inspectorate were not attached to the Government’s report, the Committee once again asks the Government to provide information on the promotional and enforcement activities of the labour inspectorate with respect to the principle of equal pay for men and women for work of equal value. The Committee also requests the Government to provide specific information on the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Articles 1 and 2 of the Convention. Legislation. Excluded workers. Public service. With regard to the protection of public service workers, the Committee notes the Government’s affirmation that public service workers are protected against all forms of discrimination and its reference in this regard to the Constitution, which prohibits all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural or linguistic difference, social situation, physical or mental disability or any other grounds, and provides that all discrimination shall be punishable by law (Section 11). The Government reiterates the information provided previously concerning the measures taken by the Civil Service Commission (CFP) to raise awareness of and prevent discrimination and indicates that none of the 321 appeals handled by the CFP between 2010 and 2014 in relation to recruitment and employment involved discrimination. While recognizing the importance of the constitutional provisions that prohibit discrimination, the Committee requests the Government to indicate the manner in which, in practice, public service employees who may be victims of discrimination in employment and occupation can assert their right to non-discrimination on the basis of these provisions, indicating the applicable procedure and specifying whether it has been used in practice. Please continue to provide information on the special appeal procedures against acts of discrimination referred to the CFP, number of appeals, grounds of discrimination cited, outcome of cases, compensation and penalties.

Article 2. Promotion of equality of opportunity and treatment between boys and girls. Access to education and training. The Committee notes the efforts made by the Government in relation to equality of access to education and training. It notes in particular the various measures and initiatives adopted to encourage girls and women to take subjects that lead to jobs in the scientific and technical sectors traditionally occupied by boys and men, thereby effectively combating horizontal (by sector) and vertical (by job level) occupational gender segregation. The Committee also notes the positive results obtained in terms of school attendance by children from poor families, especially girls, based on the nine years of free school and the measures taken to build adequate sanitary facilities in schools in order to avoid lateness, absenteeism and students dropping out of school. The Committee requests the Government to continue providing information on the measures taken to encourage the access of girls to education and to diversify and extend the training available to girls and boys.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee notes the adoption of Act No. 32/2016 of 28 August 2016 on individuals and families, which repeals and replaces the Civil Code, including the provisions that had a negative impact on gender equality in employment, and in particular section 206 of the Civil Code (“the husband is the head of the household”). The new Act provides that “spouses shall have the same rights and duties” (section 206) and that they shall jointly manage the household (section 209). Section 55 specifies that the marital home shall be chosen by common agreement on the part of the spouses, whereas previously a married woman took the legal domicile of her husband. The Committee also notes the information provided by the Government on the institutional mechanisms competent in the area of gender equality, particularly the Gender Observatory and the gender focal points in ministries and institutions. The Committee also notes the Government’s reference to the drafting and adoption of a strategic plan for the employment of women, although it has not provided information on its implementation or impact. Turning more particularly to the agricultural sector, the Committee notes that at the national level, according to the 2012 data provided by the Government in its report, around 70 per cent of women who work are self-employed agricultural workers (compared with around 55 per cent of men). It also notes that a gender strategy for agriculture was adopted in 2010 to contribute to reducing poverty and promoting sustainable development by facilitating the creation of jobs and the economic empowerment of women, and that a gender analysis was carried out in the agricultural sector to identify difficulties and shortcomings in all agricultural programmes. The Committee requests the Government to provide information on the initiatives and action relating specifically to equality in employment and occupation undertaken by institutions responsible for gender issues. The Committee requests the Government to provide information on the results obtained following the implementation of the strategic plan for the employment of women and the gender strategy for agriculture with a view to promoting gender equality in employment and occupation, particularly through the creation of sustainable and income-generating jobs for women and men.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while recalling that the concept of ethnicity is not relevant in the Rwandan context, indicates once again that it recognizes the particular situation of certain vulnerable populations designated as “historically marginalized groups”, for whom housing, health, education and employment measures have been adopted to improve their living conditions and integration into Rwandan society at all levels. The Committee notes the Government’s indications that a public works policy has provided work for more than 104,000 households (as of 30 June 2014). Since 2008, income-generating projects have been implemented in agriculture, livestock and pottery to assist marginalized and vulnerable groups. While noting the efforts made by the Government to combat the serious poverty faced by “historically marginalized groups” and to improve their living conditions, the Committee requests the Government to:

• (i) develop more initiatives and activities to prevent and combat the stigmatization and stereotypes of which these populations, including the Batwa, are victims;
• (ii) encourage and ensure their integration into the labour market on an equal footing with the other sectors of the Rwandan population, especially by improving their access to education and vocational training;
• (iii) take the necessary measures to give the Batwa people access to land and resources to enable them to practice their traditional occupations.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee recalls that women are greatly outnumbered by men in the six highest categories of the public service, while they make up the majority of general service employees. Noting that the Government’s report does not contain information on this issue, the Committee once again requests the Government to indicate the measures taken, in the framework of the national gender policy or in any other context, to promote equality of opportunity for men and women and access by women to higher category posts in the public service, in particular management positions and positions with career prospects.

Statistics. The Committee requests the Government to continue providing statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Articles 1(b) and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow to fully implement the principle of the Convention. It also recalls that this law does not contain any substantial provisions prescribing equal remuneration for men and women for work of equal value and the Constitution only refers to “the right to equal wage for equal work”. The Committee notes that the Government continues to repeat that, in practice, there is no discrimination between men and women with regard to remuneration, and that full legislative expression will be given to the principle of equal remuneration for men and women for work of equal value in the ongoing revision process of Law No. 13/2009. The Government also indicates that the revision will also address the linguistic differences between the Kinyarwanda and English versions of section 12. The Committee once again refers to paragraphs 672–679 of its General Survey of 2012 on the fundamental Conventions explaining the meaning of the concept of “work of equal value” which not only covers “equal”, the “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. Noting that no progress has been made in this respect for a number of years, the Committee urges the Government to take the necessary steps without delay to amend Law No. 13/2009 of 27 May 2009 regulating Labour, including sections 1.9 and 12, so as to give full legislative effect to the principle of equal remuneration for men and women for work of equal value.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1 of the Convention. Protection against discrimination. Legislation. With regard to the scope of application of the legislation, the Committee notes the Government’s reaffirmation that the prohibition of discrimination provided for in section 12 of Act No. 13/2009 of 27 May 2009 issuing labour regulations, covers all stages of employment, including recruitment. The Government indicates that the French version of this section, which prohibits discrimination “during employment”, will be amended to avoid any confusion with regard to its scope of application. The Committee once again requests the Government to take the necessary steps to align the various linguistic versions of section 12 so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely with regard to access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee welcomed the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, and the inclusion in Act No. 13/2009 of provisions prohibiting “gender-based violence” in employment and direct or indirect moral harassment at work. While having noted that the combination of these legislative provisions covered the two essential elements of sexual harassment at work, as set out in its 2002 general observation, the Committee invited the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a clearer and more precise definition of sexual harassment covering both quid pro quo and hostile working environment sexual harassment will be inserted into Act No. 13/2009 issuing labour regulations when it will be revised. The Committee trusts that the Government will soon be in a position to report progress in the revision process of Act No. 13/2009 and the adoption of new provisions covering the two forms of sexual harassment in employment and occupation. The Committee once again requests the Government to provide information on any measures taken to prevent and eliminate sexual harassment in the workplace (educational programmes, campaigns to raise awareness of appeal mechanisms, etc.).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Legislation. Excluded workers. Public service. With regard to the protection of public service workers, the Committee notes the Government’s affirmation that public service workers are protected against all forms of discrimination and its reference in this regard to the Constitution, which prohibits all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural or linguistic difference, social situation, physical or mental disability or any other grounds, and provides that all discrimination shall be punishable by law (Section 11). The Government reiterates the information provided previously concerning the measures taken by the Civil Service Commission (CFP) to raise awareness of and prevent discrimination and indicates that none of the 321 appeals handled by the CFP between 2010 and 2014 in relation to recruitment and employment involved discrimination. While recognizing the importance of the constitutional provisions that prohibit discrimination, the Committee requests the Government to indicate the manner in which, in practice, public service employees who may be victims of discrimination in employment and occupation can assert their right to non-discrimination on the basis of these provisions, indicating the applicable procedure and specifying whether it has been used in practice. Please continue to provide information on the special appeal procedures against acts of discrimination referred to the CFP, number of appeals, grounds of discrimination cited, outcome of cases, compensation and penalties.

Article 2. Promotion of equality of opportunity and treatment between boys and girls. Access to education and training. The Committee notes with interest the efforts made by the Government in relation to equality of access to education and training. It notes in particular the various measures and initiatives adopted to encourage girls and women to take subjects that lead to jobs in the scientific and technical sectors traditionally occupied by boys and men, thereby effectively combating horizontal (by sector) and vertical (by job level) occupational gender segregation. The Committee also notes the positive results obtained in terms of school attendance by children from poor families, especially girls, based on the nine years of free school and the measures taken to build adequate sanitary facilities in schools in order to avoid lateness, absenteeism and students dropping out of school. The Committee requests the Government to continue providing information on the measures taken to encourage the access of girls to education and to diversify and extend the training available to girls and boys.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee notes with interest the adoption of Act No. 32/2016 of 28 August 2016 on individuals and families, which repeals and replaces the Civil Code, including the provisions that had a negative impact on gender equality in employment, and in particular section 206 of the Civil Code (“the husband is the head of the household”). The new Act provides that “spouses shall have the same rights and duties” (section 206) and that they shall jointly manage the household (section 209). Section 55 specifies that the marital home shall be chosen by common agreement on the part of the spouses, whereas previously a married woman took the legal domicile of her husband. The Committee also notes the information provided by the Government on the institutional mechanisms competent in the area of gender equality, particularly the Gender Observatory and the gender focal points in ministries and institutions. The Committee also notes the Government’s reference to the drafting and adoption of a strategic plan for the employment of women, although it has not provided information on its implementation or impact. Turning more particularly to the agricultural sector, the Committee notes that at the national level, according to the 2012 data provided by the Government in its report, around 70 per cent of women who work are self-employed agricultural workers (compared with around 55 per cent of men). It also notes that a gender strategy for agriculture was adopted in 2010 to contribute to reducing poverty and promoting sustainable development by facilitating the creation of jobs and the economic empowerment of women, and that a gender analysis was carried out in the agricultural sector to identify difficulties and shortcomings in all agricultural programmes. The Committee requests the Government to provide information on the initiatives and action relating specifically to equality in employment and occupation undertaken by institutions responsible for gender issues. The Committee requests the Government to provide information on the results obtained following the implementation of the strategic plan for the employment of women and the gender strategy for agriculture with a view to promoting gender equality in employment and occupation, particularly through the creation of sustainable and income-generating jobs for women and men.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while recalling that the concept of ethnicity is not relevant in the Rwandan context, indicates once again that it recognizes the particular situation of certain vulnerable populations designated as “historically marginalized groups”, for whom housing, health, education and employment measures have been adopted to improve their living conditions and integration into Rwandan society at all levels. The Committee notes the Government’s indications that a public works policy has provided work for more than 104,000 households (as of 30 June 2014). Since 2008, income-generating projects have been implemented in agriculture, livestock and pottery to assist marginalized and vulnerable groups. While noting the efforts made by the Government to combat the serious poverty faced by “historically marginalized groups” and to improve their living conditions, the Committee requests the Government to:

• (i) develop more initiatives and activities to prevent and combat the stigmatization and stereotypes of which these populations, including the Batwa, are victims;
• (ii) encourage and ensure their integration into the labour market on an equal footing with the other sectors of the Rwandan population, especially by improving their access to education and vocational training;
• (iii) take the necessary measures to give the Batwa people access to land and resources to enable them to practice their traditional occupations.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee recalls that women are greatly outnumbered by men in the six highest categories of the public service, while they make up the majority of general service employees. Noting that the Government’s report does not contain information on this issue, the Committee once again requests the Government to indicate the measures taken, in the framework of the national gender policy or in any other context, to promote equality of opportunity for men and women and access by women to higher category posts in the public service, in particular management positions and positions with career prospects.

Statistics. The Committee requests the Government to continue providing statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. Statistics. The Government reiterates that the labour force survey has not been carried out and that a statistical framework relating to gender and gender indicators has been drawn up in four sectors of activity providing a basis for the assessment of the gender wage gap. The Committee recalls that, in order to be able to address appropriately discrimination and unequal pay, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (see 2012 General Survey on the fundamental Conventions, paragraph 869). The Committee requests the Government to provide the statistical information gathered to assess pay levels for men and women and the gender pay gap and any analysis thereof, at least, with respect to the four sectors for which gender indicators have been drawn up.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that progress has been made in setting up minimum wages free from gender bias on the basis of the principle of work of equal value in the draft Ministerial Order determining minimum wage which was approved through tripartite consultations. Noting that the Government indicates that the draft Ministerial Order is awaiting approval by the competent authority, the Committee asks the Government to supply information on progress made in the process of fixing the minimum wage and to send a copy of any legal texts adopted in this respect.

Collective agreements. The Committee recalls that collective bargaining has been identified as an important factor in reducing the gender pay gap, and can, therefore, be key in the implementation of the Convention (see 2012 General Survey, paragraph 662). The Committee, once again, asks the Government to supply information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. It also requests the Government to provide extracts of collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. Noting that the extracts from reports of the labour inspectorate were not attached to the Government’s report, the Committee once again asks the Government to provide information on the promotional and enforcement activities of the labour inspectorate with respect to the principle of equal pay for men and women for work of equal value. The Committee also requests the Government to provide specific information on the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. Protection against discrimination. Legislation. With regard to the scope of application of the legislation, the Committee notes the Government’s reaffirmation that the prohibition of discrimination provided for in section 12 of Act No. 13/2009 of 27 May 2009 issuing labour regulations, covers all stages of employment, including recruitment. The Government indicates that the French version of this section, which prohibits discrimination “during employment”, will be amended to avoid any confusion with regard to its scope of application. The Committee once again requests the Government to take the necessary steps to align the various linguistic versions of section 12 so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely with regard to access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee welcomed the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, and the inclusion in Act No. 13/2009 of provisions prohibiting “gender-based violence” in employment and direct or indirect moral harassment at work. While having noted that the combination of these legislative provisions covered the two essential elements of sexual harassment at work, as set out in its 2002 general observation, the Committee invited the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a clearer and more precise definition of sexual harassment covering both quid pro quo and hostile working environment sexual harassment will be inserted into Act No. 13/2009 issuing labour regulations when it will be revised. The Committee trusts that the Government will soon be in a position to report progress in the revision process of Act No. 13/2009 and the adoption of new provisions covering the two forms of sexual harassment in employment and occupation. The Committee once again requests the Government to provide information on any measures taken to prevent and eliminate sexual harassment in the workplace (educational programmes, campaigns to raise awareness of appeal mechanisms, etc.).

The Committee recalls that it is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(b) and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow to fully implement the principle of the Convention. It also recalls that this law does not contain any substantial provisions prescribing equal remuneration for men and women for work of equal value and the Constitution only refers to “the right to equal wage for equal work”. The Committee notes that the Government continues to repeat that, in practice, there is no discrimination between men and women with regard to remuneration, and that full legislative expression will be given to the principle of equal remuneration for men and women for work of equal value in the ongoing revision process of Law No. 13/2009. The Government also indicates that the revision will also address the linguistic differences between the Kinyarwanda and English versions of section 12. The Committee once again refers to paragraphs 672–679 of its General Survey of 2012 on the fundamental Conventions explaining the meaning of the concept of “work of equal value” which not only covers “equal”, the “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. Noting that no progress has been made in this respect for a number of years, the Committee urges the Government to take the necessary steps without delay to amend Law No. 13/2009 of 27 May 2009 regulating Labour, including sections 1.9 and 12, so as to give full legislative effect to the principle of equal remuneration for men and women for work of equal value.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Legislation. In its previous comments the Committee asked the Government to clarify the content of section 12 (non-discrimination criteria) of Law No. 13/2009 of 27 May 2009 regulating labour, since the Kinyarwanda, English and French versions of section 12 differ. The Government indicates in its report that the purpose of this section is to ensure equal remuneration for work of equal value while prohibiting all discrimination on the specified grounds. It also states that differences between the Kinyarwanda and English versions, which refer to salary, and the French version, which does not refer to salary, will be examined in the context of the revision of Law No. 13/2009. Noting this information and also referring to its observation, the Committee hopes that the Government will soon be in a position to report on progress made regarding the amendment of Law No. 13/2009 of 27 May 2009 regulating labour so as to give full effect to the principle of equal remuneration for work of equal value.

Assessment of the gender pay gap. Statistics. In reply to the Committee’s previous comment, the Government indicates that the labour force survey has not yet been carried out. The Government adds that a statistical framework relating to gender and also gender indicators have been drawn up in four sectors of activity in order to provide a basis for the assessment of pay differentials between men and women. The Committee therefore asks the Government to take the necessary steps to organize the collection and analysis of statistical data to assess pay levels for men and women and the gender pay gap and the underlying causes of such a gap. The Committee hopes that the Government will be in a position to supply in its next report statistical information, disaggregated by sex, concerning the distribution of men and women in the different sectors of activity and their levels of remuneration.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that the order fixing the guaranteed interoccupational minimum wage (SMIG) has still not been adopted and that there are plans to undertake an in-depth economic study of the various sectors of activity. The Government also explains that the social partners will play a key role in the process of fixing the minimum wage. The Committee again draws the Government’s attention to the need to use a method and criteria which are free from gender bias in fixing minimum wages and, in particular, to ensure that rates of pay in jobs predominantly performed by women are not fixed at a lower level than that applied to jobs predominantly performed by men involving work of equal value. The Committee asks the Government to supply information on progress made in the process of fixing the SMIG and to send a copy of any legislative texts adopted in this respect.

Collective agreements. The Government indicates that the collective agreement concluded by the Workers’ Trade Union Confederation of Rwanda (CESTRAR) and the Congress of Labour and Brotherhood (COTRAF), on the one hand, and the Rwanda Tea Company (SORWATHE), on the other hand, stipulates that wages shall be fixed by occupational category. The Government adds that it will assist the social partners to ensure the inclusion in collective agreements of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to supply detailed information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. Please provide a copy of the collective agreement concluded between CESTRAR, COTRAF and SORWATHE and also of any collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. While noting the Government’s assurances that it will continue to train labour inspectors in the field of equal remuneration, the Committee asks the Government to provide a general description of the manner in which the Convention is applied, including, for example, extracts from reports of the labour inspectorate, information concerning the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Legislation. Scope of application. In reply to the Committee’s previous comment concerning the protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 by virtue of section 3 thereof – other than public service employees – the Government indicates that workers in family businesses are covered by the provisions of Act No. 13/2009 relating to safety and health at work, child labour and maternity, and that workers in the informal economy are covered by the provisions relating to social security, trade unions and occupational safety and health. While noting these indications, the Committee requests the Government to clarify the legislative or regulatory provisions specifically relating to discrimination which apply to these workers or, in the absence of such legal provisions, to indicate the manner in which they are protected in practice against discrimination in employment and occupation on all the grounds enumerated in the Convention. Noting the Government’s assurances that the discrepancies between the translations of Act No. 13/2009 highlighted by the Committee in its previous comment will be examined and corrected when this Act is revised, the Committee requests the Government to provide information on any measures taken to this end.

As regards the protection of officials against any act of discrimination in practice, the Committee notes that the Civil Service Commission (CFP) has adopted a set of measures in this respect. It notes that media campaigns, workshops, conferences and training sessions have been held on a regular basis to raise the awareness of officials and human resources managers with regard to discrimination issues during recruitment and employment. The Committee further notes that the CFP has been tasked with formulating rules for the management of staff according to the “zero tolerance” principle as regards discrimination and that it is conducting regular audits of the management procedures for recruitment. According to the Government, the CFP is encouraging candidates for employment and officials who are victims of discrimination to refer such cases to them and has established special appeal procedures. In addition, the CFP has set up a freephone number for employees and the general public to enable them to report any act of discrimination in the workplace. In the absence of legislative provisions designed to protect civil service employees against discrimination, the Committee requests the Government to continue to provide information on the practical measures taken towards this end. It also requests the Government to indicate whether staff management rules containing specific provisions on discrimination have been adopted by the Civil Service Commission (CFP) and to provide detailed information on the operation of the special appeal procedures against acts of discrimination referred to the CFP (number of appeals, grounds of discrimination cited, outcome of cases, compensation granted, penalties imposed, etc.).

Article 2 of the Convention. Equality between men and women. Access to education. The Committee notes the information supplied by the Government concerning the measures taken to promote education for girls as part of the policy and strategic plan established by the Ministry of Education (free schooling for nine years, scholarships, etc.). It further notes the adoption in 2012 of a new national gender policy, which provides, among other things, for the implementation of measures combating the social, cultural and economic factors that obstruct the participation of girls and women at all levels of education, particularly in fields traditionally occupied by men. The Committee requests the Government to continue to supply information on the measures implemented in the context of the national gender policy and the policy for the education of girls in order to encourage access for girls to basic education and to enable them to pursue studies at secondary level and in higher education, and on the measures taken to diversify and increase the provision of training for girls and boys, particularly by combating gender-based prejudice and stereotypes. The Government is also requested to provide information on the impact of these measures on access for women and men to paid employment and various occupations, including in agriculture.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee welcomes the numerous measures adopted by the Government in recent years to foster gender equality in employment and occupation and promote greater autonomy for women in economic terms, especially as regards access to credit and land. The Committee welcomes the establishment of a guarantee fund for women and the adoption of Organic Act No. 08/2005 of 14 July 2005 regulating land ownership in Rwanda, section 4 of which prohibits any form of discrimination on the basis of sex with regard to access to land and the enjoyment of land rights and states that men and women have equal rights regarding land ownership. The Committee also notes the indication in the Government’s report that a strategic plan for the employment of women has been adopted. However, it notes that, according to the information in the introduction of the new national gender policy adopted in 2010, many women work in the informal economy and most women in employment occupy low-level unskilled jobs. It also notes with respect to employment in the private sector, that the 2010 gender policy provides for the adoption of measures aimed at improving the access of women to positions of responsibility in all sectors and to technical jobs and for the dissemination of better information on job opportunities to women. Provision has also been made for the adoption of legislation aimed at combating discrimination in the field of employment. The Committee requests the Government to provide information on the implementation of the national gender policy in employment and occupation, indicating the steps taken to promote gender equality and combat vertical and horizontal gender segregation in the labour market, and also information on the impact of these measures in practice. The Government is also requested to provide information on any legislation adopted to combat gender discrimination in employment and occupation and to provide a copy of the strategic plan for the employment of women.

Furthermore, as regards section 206 of the Civil Code, which states that “the husband is the head of the household”, and its negative impact on gender equality in employment, the Committee notes the Government’s indication that the proposed amendments to discriminatory legislation submitted by the Ministry for Gender and Promotion of the Family have been examined in the context of the revision of the Penal Code, which is due to be promulgated soon, and the Family Code, which is currently before Parliament. The Committee requests the Government to provide information on the new provisions adopted concerning gender equality in the context of the revision of the Penal Code and the Family Code and to specify which discriminatory provisions such as section 206 of the Civil Code, have been repealed.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while stating that the concept of ethnicity is not relevant in the Rwandan context, indicates that it recognizes the particular situation of certain vulnerable population groups designated as “historically marginalized groups” and that it has adopted a series of measures to improve their living conditions. The Government adds that development and poverty reduction programmes, such as the “Umurenge Vision 2020” programme, are aimed at all Rwandans living in poverty and that all Rwandans, including historically disadvantaged persons, have equal access to education and employment. Regarding the particular situation of the Batwa people, who form part of the “historically marginalized groups”, the Committee notes that, according to the report of the Independent Expert on Minority Issues concerning her mission to Rwanda from 31 January to 7 February 2011, many Batwas are landless agricultural labourers or, lacking paid employment, exist through begging or charity, and many of them live in extreme poverty (A/HRC/19/56/Add.1, 28 November 2011, paragraph 63). This report also indicates that Batwa communities face widespread discrimination, especially in employment, and have no viable means of subsistence, and that the assistance programmes established by the public authorities have not had any positive impact for the Batwas as a whole. Furthermore, according to the Independent Expert, Batwa children experience significant obstacles to their right to education relative to other population groups, including low-levels of enrolment, particularly at the post-primary level (CA/HRC/19/56/Add., paragraph 69). The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 19 April 2011, expressed concern at the persistence of negative stereotypes with regard to the Batwas and at the weak impact of the measures taken in their favour, and recommended the adoption of measures aimed in particular at facilitating and guaranteeing Batwa children’s access to education without discrimination, developing training and apprenticeship opportunities for the Batwas with a view to facilitating their integration in the labour market and combating the stereotypes and discrimination of which they are victims (CERD/C/RWA/CO/13-17, 19 April 2011, paragraph 16). While welcoming the Government’s efforts to combat poverty through assistance programmes for certain population groups, the Committee requests the Government to indicate the measures taken to improve access for “historically marginalized groups”, in particular the Batwa communities, to education, including higher education and vocational training, employment and particular occupations, stating the steps taken to give the Batwas access to land and resources to enable them to practise their traditional occupations. The Committee also requests the Government to supply information on the manner in which the programmes implemented by the Government are evaluated and also on the impact of the measures taken with regard to the overall socio-economic situation of the Batwa communities.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee notes the statistical data provided by the Government concerning the representation of women in key public posts at central and decentralized levels (2011) and data on the percentage of women in the public service by category (2010). It notes in particular that 38.4 per cent of senators, 56.25 per cent of deputies, 42 per cent of ministers, 50 per cent of Supreme Court judges and 70 per cent of High Court judges are women. However, at the local level, very few women are district mayors (9.6 per cent). Moreover, statistics on the composition of the public service show that women are greatly outnumbered by men in the six higher categories but account for nearly 61 per cent of staff in the general services. The Committee requests the Government to indicate the measures taken, including in the context of the national gender policy, to promote equal opportunities for men and women and the access of women to posts in the higher categories of the public service, particularly managerial posts with career prospects.

Parts III and IV of the report form. Enforcement. The Committee again requests the Government to provide information on any cases of discrimination in employment or occupation addressed by the labour inspectorate, the National Human Rights Committee, the Ombudsperson or the courts and the results thereof. The Government is also requested to provide extracts from inspection reports and court decisions dealing with discrimination in employment and occupation.

Part V of the report form. Statistical information. The Committee welcomes the established by the National Institute of Statistics, in collaboration with the Gender Observatory, of a general framework for statistics disaggregated by sex (GSF) aimed at enabling an evaluation of the situation of men and women in various fields, and welcomes the importance given by the Gender Observatory to the collection and dissemination of statistics disaggregated by sex and to the promotion of the use of such statistics vis-à-vis those responsible for formulating and implementing policies and measures relating to gender equality. The Committee requests the Government to continue to provide statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee emphasized that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow. It also noted that this Law does not contain any substantial provisions prescribing equality of remuneration for men and women for work of equal value. The Committee notes that the Government refers again in its report to article 37 of the Constitution, which states that “every person having equal competence and capacity shall have the right, without any discrimination, to equal wage for equal work”. It further notes the Government’s indication that, in practice, there is no discrimination between men and women with regard to remuneration, and also its commitment that, on a legislative level, full effect will be given to the principle of equal remuneration for men and women for work of equal value when Law No. 13/2009 is revised. The Committee recalls that because of stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men and “female jobs” are often undervalued in comparison with those of equal value performed by men when determining wage rates. The concept of “work of equal value” is essential for addressing such occupational segregation because it permits a broad scope of comparison which not only covers “equal”, the “same” or “similar” work but also jobs of an entirely different nature which are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–679). The Committee asks the Government to take the necessary steps to amend Law No. 13/2009 of 27 May 2009 establishing the labour regulations, so as to give full effect to the principle of equal remuneration for men and women for work of equal value.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1 of the Convention. Legislation. In its previous comment the Committee asked the Government to provide further information concerning the scope of section 12 (prohibiting discrimination) of Law No. 13/2009 of 27 May 2009 regulating labour in Rwanda in view of discrepancies between the different linguistic versions of this Law. The Committee notes the Government’s explanation that the prohibition of all direct or indirect discrimination covers all stages of employment, including recruitment, and an act need not be intentional to constitute discrimination within the meaning of this section. It further notes that no legal proceedings have been instituted on the basis of any of the prohibited grounds of discrimination, nor has any penalty been imposed under section 169 of Law No. 13/2009. The Committee requests the Government to take the necessary steps to align the different linguistic versions of section 12, so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely as regards access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. It also requests the Government to provide information on the application of section 12 of the Law by the courts, stating the grounds of discrimination invoked, the penalties imposed and remedies provided.

Sexual harassment. In its previous comments the Committee welcomed the adoption of Law No. 59/2008 of 10 September 2008 concerning the prevention and suppression of gender-based violence, and the inclusion in Law No. 13/2009 of provisions prohibiting “gender-based violence” in employment, and direct or indirect moral harassment at work. While noting that the combination of these legislative provisions covered the two essential elements of sexual harassment at work as set out in its 2002 general observation, the Committee asked the Government to consider taking the necessary steps to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covered both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a provision specifically concerning sexual harassment and covering quid pro quo and hostile environment sexual harassment will be included in Law No. 13/2009 establishing the labour regulations, when it is revised. The Committee requests the Government to provide information on progress made in the process of the revision of Law No. 13/2009 and on any other provisions adopted on sexual harassment in employment and occupation. The Committee repeats its request for information concerning any measure taken to prevent and eliminate sexual harassment in the workplace (educational programmes, awareness-raising campaigns relating to appeal mechanisms, etc.).

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. In its previous comments the Committee asked the Government to clarify the content of section 12 (non-discrimination criteria) of Law No. 13/2009 of 27 May 2009 regulating labour, since the Kinyarwanda, English and French versions of section 12 differ. The Government indicates in its report that the purpose of this section is to ensure equal remuneration for work of equal value while prohibiting all discrimination on the specified grounds. It also states that differences between the Kinyarwanda and English versions, which refer to salary, and the French version, which does not refer to salary, will be examined in the context of the revision of Law No. 13/2009. Noting this information and also referring to its observation, the Committee hopes that the Government will soon be in a position to report on progress made regarding the amendment of Law No. 13/2009 of 27 May 2009 regulating labour so as to give full effect to the principle of equal remuneration for work of equal value.

Assessment of the gender pay gap. Statistics. In reply to the Committee’s previous comment, the Government indicates that the labour force survey has not yet been carried out. The Government adds that a statistical framework relating to gender and also gender indicators have been drawn up in four sectors of activity in order to provide a basis for the assessment of pay differentials between men and women. The Committee therefore asks the Government to take the necessary steps to organize the collection and analysis of statistical data to assess pay levels for men and women and the gender pay gap and the underlying causes of such a gap. The Committee hopes that the Government will be in a position to supply in its next report statistical information, disaggregated by sex, concerning the distribution of men and women in the different sectors of activity and their levels of remuneration.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that the order fixing the guaranteed interoccupational minimum wage (SMIG) has still not been adopted and that there are plans to undertake an in-depth economic study of the various sectors of activity. The Government also explains that the social partners will play a key role in the process of fixing the minimum wage. The Committee again draws the Government’s attention to the need to use a method and criteria which are free from gender bias in fixing minimum wages and, in particular, to ensure that rates of pay in jobs predominantly performed by women are not fixed at a lower level than that applied to jobs predominantly performed by men involving work of equal value. The Committee asks the Government to supply information on progress made in the process of fixing the SMIG and to send a copy of any legislative texts adopted in this respect.

Collective agreements. The Government indicates that the collective agreement concluded by the Workers’ Trade Union Confederation of Rwanda (CESTRAR) and the Congress of Labour and Brotherhood (COTRAF), on the one hand, and the Rwanda Tea Company (SORWATHE), on the other hand, stipulates that wages shall be fixed by occupational category. The Government adds that it will assist the social partners to ensure the inclusion in collective agreements of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to supply detailed information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. Please provide a copy of the collective agreement concluded between CESTRAR, COTRAF and SORWATHE and also of any collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. While noting the Government’s assurances that it will continue to train labour inspectors in the field of equal remuneration, the Committee asks the Government to provide a general description of the manner in which the Convention is applied, including, for example, extracts from reports of the labour inspectorate, information concerning the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. Scope of application. In reply to the Committee’s previous comment concerning the protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 by virtue of section 3 thereof – other than public service employees – the Government indicates that workers in family businesses are covered by the provisions of Act No. 13/2009 relating to safety and health at work, child labour and maternity, and that workers in the informal economy are covered by the provisions relating to social security, trade unions and occupational safety and health. While noting these indications, the Committee requests the Government to clarify the legislative or regulatory provisions specifically relating to discrimination which apply to these workers or, in the absence of such legal provisions, to indicate the manner in which they are protected in practice against discrimination in employment and occupation on all the grounds enumerated in the Convention. Noting the Government’s assurances that the discrepancies between the translations of Act No. 13/2009 highlighted by the Committee in its previous comment will be examined and corrected when this Act is revised, the Committee requests the Government to provide information on any measures taken to this end.

As regards the protection of officials against any act of discrimination in practice, the Committee notes with interest that the Civil Service Commission (CFP) has adopted a set of measures in this respect. It notes that media campaigns, workshops, conferences and training sessions have been held on a regular basis to raise the awareness of officials and human resources managers with regard to discrimination issues during recruitment and employment. The Committee further notes that the CFP has been tasked with formulating rules for the management of staff according to the “zero tolerance” principle as regards discrimination and that it is conducting regular audits of the management procedures for recruitment. According to the Government, the CFP is encouraging candidates for employment and officials who are victims of discrimination to refer such cases to them and has established special appeal procedures. In addition, the CFP has set up a freephone number for employees and the general public to enable them to report any act of discrimination in the workplace. In the absence of legislative provisions designed to protect civil service employees against discrimination, the Committee requests the Government to continue to provide information on the practical measures taken towards this end. It also requests the Government to indicate whether staff management rules containing specific provisions on discrimination have been adopted by the Civil Service Commission (CFP) and to provide detailed information on the operation of the special appeal procedures against acts of discrimination referred to the CFP (number of appeals, grounds of discrimination cited, outcome of cases, compensation granted, penalties imposed, etc.).

Article 2 of the Convention. Equality between men and women. Access to education. The Committee notes the information supplied by the Government concerning the measures taken to promote education for girls as part of the policy and strategic plan established by the Ministry of Education (free schooling for nine years, scholarships, etc.). It further notes the adoption in 2012 of a new national gender policy, which provides, among other things, for the implementation of measures combating the social, cultural and economic factors that obstruct the participation of girls and women at all levels of education, particularly in fields traditionally occupied by men. The Committee requests the Government to continue to supply information on the measures implemented in the context of the national gender policy and the policy for the education of girls in order to encourage access for girls to basic education and to enable them to pursue studies at secondary level and in higher education, and on the measures taken to diversify and increase the provision of training for girls and boys, particularly by combating gender-based prejudice and stereotypes. The Government is also requested to provide information on the impact of these measures on access for women and men to paid employment and various occupations, including in agriculture.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee welcomes the numerous measures adopted by the Government in recent years to foster gender equality in employment and occupation and promote greater autonomy for women in economic terms, especially as regards access to credit and land. The Committee welcomes the establishment of a guarantee fund for women and the adoption of Organic Act No. 08/2005 of 14 July 2005 regulating land ownership in Rwanda, section 4 of which prohibits any form of discrimination on the basis of sex with regard to access to land and the enjoyment of land rights and states that men and women have equal rights regarding land ownership. The Committee also notes the indication in the Government’s report that a strategic plan for the employment of women has been adopted. However, it notes that, according to the information in the introduction of the new national gender policy adopted in 2010, many women work in the informal economy and most women in employment occupy low-level unskilled jobs. It also notes with respect to employment in the private sector, that the 2010 gender policy provides for the adoption of measures aimed at improving the access of women to positions of responsibility in all sectors and to technical jobs and for the dissemination of better information on job opportunities to women. Provision has also been made for the adoption of legislation aimed at combating discrimination in the field of employment. The Committee requests the Government to provide information on the implementation of the national gender policy in employment and occupation, indicating the steps taken to promote gender equality and combat vertical and horizontal gender segregation in the labour market, and also information on the impact of these measures in practice. The Government is also requested to provide information on any legislation adopted to combat gender discrimination in employment and occupation and to provide a copy of the strategic plan for the employment of women.

Furthermore, as regards section 206 of the Civil Code, which states that “the husband is the head of the household”, and its negative impact on gender equality in employment, the Committee notes the Government’s indication that the proposed amendments to discriminatory legislation submitted by the Ministry for Gender and Promotion of the Family have been examined in the context of the revision of the Penal Code, which is due to be promulgated soon, and the Family Code, which is currently before Parliament. The Committee requests the Government to provide information on the new provisions adopted concerning gender equality in the context of the revision of the Penal Code and the Family Code and to specify which discriminatory provisions such as section 206 of the Civil Code, have been repealed.

Measures to promote equal access for the Batwa people to education, training and employment. The Committee notes that the Government, while stating that the concept of ethnicity is not relevant in the Rwandan context, indicates that it recognizes the particular situation of certain vulnerable population groups designated as “historically marginalized groups” and that it has adopted a series of measures to improve their living conditions. The Government adds that development and poverty reduction programmes, such as the “Umurenge Vision 2020” programme, are aimed at all Rwandans living in poverty and that all Rwandans, including historically disadvantaged persons, have equal access to education and employment. Regarding the particular situation of the Batwa people, who form part of the “historically marginalized groups”, the Committee notes that, according to the report of the Independent Expert on Minority Issues concerning her mission to Rwanda from 31 January to 7 February 2011, many Batwas are landless agricultural labourers or, lacking paid employment, exist through begging or charity, and many of them live in extreme poverty (A/HRC/19/56/Add.1, 28 November 2011, paragraph 63). This report also indicates that Batwa communities face widespread discrimination, especially in employment, and have no viable means of subsistence, and that the assistance programmes established by the public authorities have not had any positive impact for the Batwas as a whole. Furthermore, according to the Independent Expert, Batwa children experience significant obstacles to their right to education relative to other population groups, including low-levels of enrolment, particularly at the post-primary level (CA/HRC/19/56/Add., paragraph 69). The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 19 April 2011, expressed concern at the persistence of negative stereotypes with regard to the Batwas and at the weak impact of the measures taken in their favour, and recommended the adoption of measures aimed in particular at facilitating and guaranteeing Batwa children’s access to education without discrimination, developing training and apprenticeship opportunities for the Batwas with a view to facilitating their integration in the labour market and combating the stereotypes and discrimination of which they are victims (CERD/C/RWA/CO/13-17, 19 April 2011, paragraph 16). While welcoming the Government’s efforts to combat poverty through assistance programmes for certain population groups, the Committee requests the Government to indicate the measures taken to improve access for “historically marginalized groups”, in particular the Batwa communities, to education, including higher education and vocational training, employment and particular occupations, stating the steps taken to give the Batwas access to land and resources to enable them to practise their traditional occupations. The Committee also requests the Government to supply information on the manner in which the programmes implemented by the Government are evaluated and also on the impact of the measures taken with regard to the overall socio-economic situation of the Batwa communities.

Article 3(d). Vertical occupational gender segregation. Public service. The Committee notes the statistical data provided by the Government concerning the representation of women in key public posts at central and decentralized levels (2011) and data on the percentage of women in the public service by category (2010). It notes in particular that 38.4 per cent of senators, 56.25 per cent of deputies, 42 per cent of ministers, 50 per cent of Supreme Court judges and 70 per cent of High Court judges are women. However, at the local level, very few women are district mayors (9.6 per cent). Moreover, statistics on the composition of the public service show that women are greatly outnumbered by men in the six higher categories but account for nearly 61 per cent of staff in the general services. The Committee requests the Government to indicate the measures taken, including in the context of the national gender policy, to promote equal opportunities for men and women and the access of women to posts in the higher categories of the public service, particularly managerial posts with career prospects.

Parts III and IV of the report form. Enforcement. The Committee again requests the Government to provide information on any cases of discrimination in employment or occupation addressed by the labour inspectorate, the National Human Rights Committee, the Ombudsperson or the courts and the results thereof. The Government is also requested to provide extracts from inspection reports and court decisions dealing with discrimination in employment and occupation.

Part V of the report form. Statistical information. The Committee welcomes the established by the National Institute of Statistics, in collaboration with the Gender Observatory, of a general framework for statistics disaggregated by sex (GSF) aimed at enabling an evaluation of the situation of men and women in various fields, and welcomes the importance given by the Gender Observatory to the collection and dissemination of statistics disaggregated by sex and to the promotion of the use of such statistics vis-à-vis those responsible for formulating and implementing policies and measures relating to gender equality. The Committee requests the Government to continue to provide statistics on the employment of women and men in the public and private sectors, and to provide information on the measures taken to improve and develop the collection of statistical information disaggregated by sex in the fields of education, training and employment.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee emphasized that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow. It also noted that this Law does not contain any substantial provisions prescribing equality of remuneration for men and women for work of equal value. The Committee notes that the Government refers again in its report to article 37 of the Constitution, which states that “every person having equal competence and capacity shall have the right, without any discrimination, to equal wage for equal work”. It further notes the Government’s indication that, in practice, there is no discrimination between men and women with regard to remuneration, and also its commitment that, on a legislative level, full effect will be given to the principle of equal remuneration for men and women for work of equal value when Law No. 13/2009 is revised. The Committee recalls that because of stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men and “female jobs” are often undervalued in comparison with those of equal value performed by men when determining wage rates. The concept of “work of equal value” is essential for addressing such occupational segregation because it permits a broad scope of comparison which not only covers “equal”, the “same” or “similar” work but also jobs of an entirely different nature which are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–679). The Committee asks the Government to take the necessary steps to amend Law No. 13/2009 of 27 May 2009 establishing the labour regulations, so as to give full effect to the principle of equal remuneration for men and women for work of equal value.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Legislation. In its previous comment the Committee asked the Government to provide further information concerning the scope of section 12 (prohibiting discrimination) of Law No. 13/2009 of 27 May 2009 regulating labour in Rwanda in view of discrepancies between the different linguistic versions of this Law. The Committee notes the Government’s explanation that the prohibition of all direct or indirect discrimination covers all stages of employment, including recruitment, and an act need not be intentional to constitute discrimination within the meaning of this section. It further notes that no legal proceedings have been instituted on the basis of any of the prohibited grounds of discrimination, nor has any penalty been imposed under section 169 of Law No. 13/2009. The Committee requests the Government to take the necessary steps to align the different linguistic versions of section 12, so that they explicitly prohibit any direct or indirect discrimination in employment and occupation in accordance with Article 1(3) of the Convention, namely as regards access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. It also requests the Government to provide information on the application of section 12 of the Law by the courts, stating the grounds of discrimination invoked, the penalties imposed and remedies provided.

Sexual harassment. In its previous comments the Committee welcomed the adoption of Law No. 59/2008 of 10 September 2008 concerning the prevention and suppression of gender-based violence, and the inclusion in Law No. 13/2009 of provisions prohibiting “gender-based violence” in employment, and direct or indirect moral harassment at work. While noting that the combination of these legislative provisions covered the two essential elements of sexual harassment at work as set out in its 2002 general observation, the Committee asked the Government to consider taking the necessary steps to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covered both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that a provision specifically concerning sexual harassment and covering quid pro quo and hostile environment sexual harassment will be included in Law No. 13/2009 establishing the labour regulations, when it is revised. The Committee requests the Government to provide information on progress made in the process of the revision of Law No. 13/2009 and on any other provisions adopted on sexual harassment in employment and occupation. The Committee repeats its request for information concerning any measure taken to prevent and eliminate sexual harassment in the workplace (educational programmes, awareness-raising campaigns relating to appeal mechanisms, etc.).

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Legislation. Scope of protection against discrimination. Referring to its observation, the Committee would be grateful if the Government would indicate how it ensures protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda, other than public service employees, such as family members working in agriculture, stock raising and commercial and industrial activities (section 3).

The Committee notes that Act No. 13/2009 has been published in three languages: Kinyarwanda, English and French. It notes that there are substantial differences between the English and French versions of this Act, particularly with regard to the translation of its key provisions to which the Committee refers in its observation and in its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee fears that these discrepancies are a source of confusion and could lead to inconsistencies in the application of the Act. The Committee requests the Government to take the necessary measures to align the different translations of Act No. 13/2009 issuing the labour regulations in the manner which is most compatible with the provisions of the Convention and to provide information on the measures taken to that end.

Article 2 of the Convention. Equality between men and women. Implementation of the National Gender Policy. The Committee notes that the objective of the National Gender Policy adopted in 2004 is to “ensure that women, particularly those in rural areas, and men, boys and girls have equal access to and control over economic opportunities such as employment and credit”. It also notes that, according to the Economic Development and Poverty Reduction Strategy (2008–12), particular attention will be paid to the access of women to paid employment and measures will be taken to increase the professional opportunities offered to women and to eliminate gender-based pay discrimination. Welcoming the Government’s efforts to combat gender-based discrimination, the Committee requests it to provide information on the concrete measures taken or envisaged, particularly in the context of the implementation of the National Gender Policy, to encourage the access of women and girls to education, particularly to secondary and higher education, vocational training and employment, and to promote equality of opportunity and treatment for men and women in employment and occupation.

Furthermore, referring to its previous comments concerning section 206 of the Civil Code, which provides that “the husband is the head of the household”, and its negative impact on equality between men and women in employment, the Committee notes the Government’s commitment to amend this provision as soon as possible and requests it to indicate any progress made in this regard. The Committee also requests the Government to provide information on the progress made in examining the proposals contained in the document identifying the legislative texts which are discriminatory with regard to gender produced in January 2009 by the Ministry of Gender and Family Promotion.

The Committee notes the communication of the Association of Christian Trade Unions (UMURIMO), according to which the Government initiated the procedure for the ratification of the Maternity Protection Convention, 2000 (No. 183), and the Workers with Family Responsibilities Convention, 1981 (No. 156), at the end of 2007. Emphasizing the importance of these two Conventions with regard to equality between men and women, the Committee asks the Government to provide information on the progress made with regard to the ratification procedures.

Article 3(d). Public service. The Committee notes that, in reply to its previous comments concerning the Public Service Commission, the Government indicates that this Commission was created by Act No. 06/2007 of 1 February 2007 and that it is operational. It notes that the Commission is entrusted with the task of organizing a candidate selection system which is objective, impartial, transparent and equal for all and with conducting research on all matters relating to personnel development and management. The Committee also notes that public service employees are excluded from the scope of the 2009 Act No. 13/2009 regulating labour in Rwanda and that the 2002 general conditions of service of public servants and its implementing texts, which govern their conditions of employment and work, do not contain provisions expressly prohibiting discrimination. The Committee therefore requests the Government to provide information on:

• (i) the activities of the Public Service Commission relating to recruitment and development of personnel;
• (ii) the measures taken to ensure effective protection of these employees against any act of discrimination on the basis of any of the seven grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), not only during their recruitment but also in the course of their employment (possibilities for promotion and advancement);
• (iii) the measures taken or envisaged, particularly under the National Gender Policy, to promote the participation of women in all sectors of the administration, at both the central and local levels, and to encourage the access of women to managerial posts on an equal footing with men.

Measures to promote equal access of the Batwa to education, training and employment. In the absence of a reply from the Government on this matter, the Committee is bound to repeat its previous request for specific information on the measures taken by the Government to improve the access of members of the Batwa community to education, including vocational training, employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this community. The Committee also requests it to provide any statistics available on the school enrolment rate of Batwa children and the employment situation of members of this community in the private and public sectors.

Part V of the report form. Application in practice. Statistical information. The Committee notes the first company census report in Rwanda, carried out in 2008 by the Rwanda Private Sector Federation and submitted by the Government. The report constitutes the first step towards a better understanding of the country’s economic fabric, but does not, however, contain sufficient data disaggregated by sex to obtain an overview of the employment situation of women. The Committee also notes that, in July 2009, the Gender Observatory, created in 2009, organized, in partnership with the Ministry of Finance and Economic Planning and the National Institute of Statistics, with support from UNIFEM, a workshop to consider best practices and the challenges relating to the collection and analysis of statistics disaggregated by sex, which resulted in the adoption of an action plan in this regard. The Committee hopes that the Government will soon be able to provide as detailed as possible statistics on the employment of men and women in the private sector, according to economic sector and job level, and in the public sector, including in managerial posts, in order to assess the impact of the measures taken to combat discrimination on the basis of sex and promote equality of opportunity and treatment. The Government is also requested to provide information on any cases of discrimination in employment and occupation dealt with by labour inspectors, the National Human Rights Commission, the Office of the Ombudsperson or the courts.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 2(2)(a) of the Convention. Application of the principle of equal remuneration for work of equal value. Legislation. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda. It notes that the new Act refers to the present Convention in its Preamble and that it contains a definition of the expression “work of equal value” (section 1.9). However, it notes that this definition is too narrow to give full effect to the provisions of the Convention since it refers to “similar work”, and further, that the new Act contains no substantial provisions prescribing “equal remuneration for work of equal value”. Furthermore, the Committee notes that the Government mentions in its report article 11 of the Constitution which prohibits any discrimination in general, and notes that article 37 of the Constitution specifies that “every person having equal competence and capacity shall have the right, without any discrimination, to equal pay for equal work”. Referring to its previous comments, the Committee notes with regret that the Government has not taken the opportunity to give full legislative expression to the principle of equal remuneration for work of equal value within the meaning of the Convention.

While it is important to prohibit discrimination on the basis of sex in employment, this is not sufficient to ensure the full application of the principle of equal remuneration pursuant to the Convention. Referring to its general observation of 2006, in which it clarifies the meaning of the concept of “work of equal value” under the Convention, the Committee would like to stress that, whilst this concept encompasses the concept of “equal”, “the same” and “similar” work it also goes beyond that because it encompasses work which is of an entirely different nature but which is nevertheless of equal value. The concept of “work of equal value” therefore allows for a much broader comparison to be made between jobs performed by men and women in different places or sectors, or between different employers. It therefore allows pay discrimination to be combated more effectively where men and women traditionally perform work that is of an entirely different nature but which is nevertheless of equal value. The Committee therefore once again urges the Government to take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set out in the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention. Legislative developments. Scope of protection of workers against discrimination. The Committee notes that section 12 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda extends the protection afforded to workers covered from all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention as well as from other grounds (Article 1(1)(b)). Section 12 of that Act prohibits any discrimination, either directly or indirectly, in the course of employment intended to deprive workers of equality of opportunity and treatment where such discrimination is based on: (1) race, colour, origin; (2) sex, marital status or family responsibilities; (3) religion, beliefs or political opinions; (4) social or economic conditions; (5) national extraction; (6) handicap; (7) previous, current or prospective pregnancy; and (8) any other form of discrimination. The Committee also notes that the new Act establishes general penalties in the case of the violation of its provisions (section 169), namely two months’ imprisonment and/or a fine of 50,000 to 300,000 Rwandan francs. It notes, however, that, in the French version of the Act at least, direct or indirect discrimination is prohibited only “during the course of employment” and that this prohibition does not therefore cover all stages of employment and occupation, particularly recruitment. The Committee also notes that section 12 appears to prohibit acts done with an intention to deny equality of opportunity and treatment, which would be more restrictive than the definition of discrimination set out in Article 1 of the Convention under which intent is not required. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit discrimination during access to employment or to an occupation. It also requests the Government to clarify whether intent is required for an act to constitute discrimination under section 12 of Act No. 13/2009. The Government is also requested to provide information on the application of section 12 of the Act, in practice and to specify, in particular, whether any appeals have been lodged on the basis of any one of the prohibited grounds of discrimination and whether penalties have been imposed under section 169 of that Act.

Sexual harassment. The Committee notes the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, section 24 of which establishes punitive measures in the case of “sexual harassment of a subordinate” imposed on “any employer or any other person who uses his or her position to harass a subordinate by way of orders, intimidation and terror for the purpose of sexual pleasure”. It also notes the inclusion in Act No. 13/2009, of provisions prohibiting “gender-based violence” in employment (section 9), that is “any act of a physical, psychological or sexual nature directed at a person or likely to damage their property on the grounds of their sex” which “infringes their rights and affects their integrity”. Section 9 of Act No. 13/2009 also prohibits moral harassment at work, either directly or indirectly, which is defined as “any act of harassment at work of any origin, either external or internal to the enterprise, which manifests itself in particular through behaviour, words, intimidation or anonymous written communications designed to have an adverse effect on the dignity of a worker in the workplace, endanger his or her job and constitute an obstacle to his or her work”. The Committee welcomes the adoption of these new legislative provisions which, when combined, appear to cover the two essential elements of sexual harassment at work as defined in its 2002 general observation, namely: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). However, in order to ensure adequate protection for men and women workers and to clarify the legal regime applicable to this discriminatory practice, the Committee requests the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and the creation of a hostile working environment. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to prevent this form of gender-based discrimination in the workplace, particularly in the context of the national gender policy adopted in 2004 (education programmes, awareness-raising campaigns on preventive measures and appeal mechanisms, etc.).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Legislation. Scope of protection against discrimination. Referring to its observation, the Committee would be grateful if the Government would indicate how it ensures protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda, other than public service employees, such as family members working in agriculture, stock-raising and commercial and industrial activities (section 3).

The Committee notes that Act No. 13/2009 has been published in three languages: Kinyarwanda, English and French. It notes that there are substantial differences between the English and French versions of this Act, particularly with regard to the translation of its key provisions to which the Committee refers in its observation and in its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee fears that these discrepancies are a source of confusion and could lead to inconsistencies in the application of the Act. The Committee requests the Government to take the necessary measures to align the different translations of Act No. 13/2009 issuing the labour regulations in the manner which is most compatible with the provisions of the Convention and to provide information on the measures taken to that end.

Article 2 of the Convention. Equality between men and women. Implementation of the National Gender Policy. The Committee notes that the objective of the National Gender Policy adopted in 2004 is to “ensure that women, particularly those in rural areas, and men, boys and girls have equal access to and control over economic opportunities such as employment and credit”. It also notes that, according to the Economic Development and Poverty Reduction Strategy (2008–12), particular attention will be paid to the access of women to paid employment and measures will be taken to increase the professional opportunities offered to women and to eliminate gender-based pay discrimination. Welcoming the Government’s efforts to combat gender-based discrimination, the Committee requests it to provide information on the concrete measures taken or envisaged, particularly in the context of the implementation of the National Gender Policy, to encourage the access of women and girls to education, particularly to secondary and higher education, vocational training and employment, and to promote equality of opportunity and treatment for men and women in employment and occupation.

Furthermore, referring to its previous comments concerning section 206 of the Civil Code, which provides that “the husband is the head of the household”, and its negative impact on equality between men and women in employment, the Committee notes the Government’s commitment to amend this provision as soon as possible and requests it to indicate any progress made in this regard. The Committee also requests the Government to provide information on the progress made in examining the proposals contained in the document identifying the legislative texts which are discriminatory with regard to gender produced in January 2009 by the Ministry of Gender and Family Promotion.

The Committee notes the communication of the Association of Christian Trade Unions (UMURIMO), according to which the Government initiated the procedure for the ratification of the Maternity Protection Convention, 2000 (No. 183), and the Workers with Family Responsibilities Convention, 1981 (No. 156), at the end of 2007. Emphasizing the importance of these two Conventions with regard to equality between men and women, the Committee asks the Government to provide information on the progress made with regard to the ratification procedures.

Article 3(d). Public service. The Committee notes that, in reply to its previous comments concerning the Public Service Commission, the Government indicates that this Commission was created by Act No. 06/2007 of 1 February 2007 and that it is operational. It notes that the Commission is entrusted with the task of organizing a candidate selection system which is objective, impartial, transparent and equal for all and with conducting research on all matters relating to personnel development and management. The Committee also notes that public service employees are excluded from the scope of the 2009 Act No. 13/2009 regulating labour in Rwanda and that the 2002 general conditions of service of public servants and its implementing texts, which govern their conditions of employment and work, do not contain provisions expressly prohibiting discrimination. The Committee therefore requests the Government to provide information on:

(i)    the activities of the Public Service Commission relating to recruitment and development of personnel;

(ii)   the measures taken to ensure effective protection of these employees against any act of discrimination on the basis of any of the seven grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), not only during their recruitment but also in the course of their employment (possibilities for promotion and advancement);

(iii)  the measures taken or envisaged, particularly under the National Gender Policy, to promote the participation of women in all sectors of the administration, at both the central and local levels, and to encourage the access of women to managerial posts on an equal footing with men.

Measures to promote equal access of the Batwa to education, training and employment. In the absence of a reply from the Government on this matter, the Committee is bound to repeat its previous request for specific information on the measures taken by the Government to improve the access of members of the Batwa community to education, including vocational training, employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this community. The Committee also requests it to provide any statistics available on the school enrolment rate of Batwa children and the employment situation of members of this community in the private and public sectors.

Part V of the report form. Application in practice. Statistical information. The Committee notes the first company census report in Rwanda, carried out in 2008 by the Rwanda Private Sector Federation and submitted by the Government. The report constitutes the first step towards a better understanding of the country’s economic fabric, but does not, however, contain sufficient data disaggregated by sex to obtain an overview of the employment situation of women. The Committee also notes that, in July 2009, the Gender Observatory, created in 2009, organized, in partnership with the Ministry of Finance and Economic Planning and the National Institute of Statistics, with support from UNIFEM, a workshop to consider best practices and the challenges relating to the collection and analysis of statistics disaggregated by sex, which resulted in the adoption of an action plan in this regard. The Committee hopes that the Government will soon be able to provide as detailed as possible statistics on the employment of men and women in the private sector, according to economic sector and job level, and in the public sector, including in managerial posts, in order to assess the impact of the measures taken to combat discrimination on the basis of sex and promote equality of opportunity and treatment. The Government is also requested to provide information on any cases of discrimination in employment and occupation dealt with by labour inspectors, the National Human Rights Commission, the Office of the Ombudsperson or the courts.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 2(2)(a) of the Convention. Application of the principle of equal remuneration for work of equal value. Legislation. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda. It notes that the new Act refers to the present Convention in its Preamble and that it contains a definition of the expression “work of equal value” (section 1.9). However, it notes that this definition is too narrow to give full effect to the provisions of the Convention since it refers to “similar work”, and further, that the new Act contains no substantial provisions prescribing “equal remuneration for work of equal value”. Furthermore, the Committee notes that the Government mentions in its report article 11 of the Constitution which prohibits any discrimination in general, and notes that article 37 of the Constitution specifies that “every person having equal competence and capacity shall have the right, without any discrimination, to equal pay for equal work”. Referring to its previous comments, the Committee notes with regret that the Government has not taken the opportunity to give full legislative expression to the principle of equal remuneration for work of equal value within the meaning of the Convention.

While it is important to prohibit discrimination on the basis of sex in employment, this is not sufficient to ensure the full application of the principle of equal remuneration pursuant to the Convention. Referring to its general observation of 2006, in which it clarifies the meaning of the concept of “work of equal value” under the Convention, the Committee would like to stress that, whilst this concept encompasses the concept of “equal”, “the same” and “similar” work it also goes beyond that because it encompasses work which is of an entirely different nature but which is nevertheless of equal value. The concept of “work of equal value” therefore allows for a much broader comparison to be made between jobs performed by men and women in different places or sectors, or between different employers. It therefore allows pay discrimination to be combated more effectively where men and women traditionally perform work that is of an entirely different nature but which is nevertheless of equal value. The Committee therefore once again urges the Government to take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set out in the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. Legislative developments. Scope of protection of workers against discrimination. The Committee notes that section 12 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda extends the protection afforded to workers covered from all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention as well as from other grounds (Article 1(1)(b)). Section 12 of that Act prohibits any discrimination, either directly or indirectly, in the course of employment intended to deprive workers of equality of opportunity and treatment where such discrimination is based on: (1) race, colour, origin; (2) sex, marital status or family responsibilities; (3) religion, beliefs or political opinions; (4) social or economic conditions; (5) national extraction; (6) handicap; (7) previous, current or prospective pregnancy; and (8) any other form of discrimination. The Committee also notes that the new Act establishes general penalties in the case of the violation of its provisions (section 169), namely two months’ imprisonment and/or a fine of 50,000 to 300,000 Rwandan francs. It notes, however, that, in the French version of the Act at least, direct or indirect discrimination is prohibited only “during the course of employment” and that this prohibition does not therefore cover all stages of employment and occupation, particularly recruitment. The Committee also notes that section 12 appears to prohibit acts done with an intention to deny equality of opportunity and treatment, which would be more restrictive than the definition of discrimination set out in Article 1 of the Convention under which intent is not required. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit discrimination during access to employment or to an occupation. It also requests the Government to clarify whether intent is required for an act to constitute discrimination under section 12 of Act No. 13/2009. The Government is also requested to provide information on the application of section 12 of the Act, in practice and to specify, in particular, whether any appeals have been lodged on the basis of any one of the prohibited grounds of discrimination and whether penalties have been imposed under section 169 of that Act.

Sexual harassment. The Committee notes the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, section 24 of which establishes punitive measures in the case of “sexual harassment of a subordinate” imposed on “any employer or any other person who uses his or her position to harass a subordinate by way of orders, intimidation and terror for the purpose of sexual pleasure”. It also notes the inclusion in Act No. 13/2009, of provisions prohibiting “gender-based violence” in employment (section 9), that is “any act of a physical, psychological or sexual nature directed at a person or likely to damage their property on the grounds of their sex” which “infringes their rights and affects their integrity”. Section 9 of Act No. 13/2009 also prohibits moral harassment at work, either directly or indirectly, which is defined as “any act of harassment at work of any origin, either external or internal to the enterprise, which manifests itself in particular through behaviour, words, intimidation or anonymous written communications designed to have an adverse effect on the dignity of a worker in the workplace, endanger his or her job and constitute an obstacle to his or her work”. The Committee welcomes the adoption of these new legislative provisions which, when combined, appear to cover the two essential elements of sexual harassment at work as defined in its 2002 general observation, namely: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). However, in order to ensure adequate protection for men and women workers and to clarify the legal regime applicable to this discriminatory practice, the Committee requests the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and the creation of a hostile working environment. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to prevent this form of gender-based discrimination in the workplace, particularly in the context of the national gender policy adopted in 2004 (education programmes, awareness-raising campaigns on preventive measures and appeal mechanisms, etc.).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. Scope of protection against discrimination. Referring to its observation, the Committee would be grateful if the Government would indicate how it ensures protection against discrimination of workers excluded from the scope of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda, other than public service employees, such as family members working in agriculture, stock-raising and commercial and industrial activities (section 3).

The Committee notes that Act No. 13/2009 has been published in three languages: Kinyarwanda, English and French. It notes that there are substantial differences between the English and French versions of this Act, particularly with regard to the translation of its key provisions to which the Committee refers in its observation and in its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee fears that these discrepancies are a source of confusion and could lead to inconsistencies in the application of the Act. The Committee requests the Government to take the necessary measures to align the different translations of Act No. 13/2009 issuing the labour regulations in the manner which is most compatible with the provisions of the Convention and to provide information on the measures taken to that end.

Article 2 of the Convention. Equality between men and women. Implementation of the National Gender Policy. The Committee notes that the objective of the National Gender Policy adopted in 2004 is to “ensure that women, particularly those in rural areas, and men, boys and girls have equal access to and control over economic opportunities such as employment and credit”. It also notes that, according to the Economic Development and Poverty Reduction Strategy (2008–12), particular attention will be paid to the access of women to paid employment and measures will be taken to increase the professional opportunities offered to women and to eliminate gender-based pay discrimination. Welcoming the Government’s efforts to combat gender-based discrimination, the Committee requests it to provide information on the concrete measures taken or envisaged, particularly in the context of the implementation of the National Gender Policy, to encourage the access of women and girls to education, particularly to secondary and higher education, vocational training and employment, and to promote equality of opportunity and treatment for men and women in employment and occupation.

Furthermore, referring to its previous comments concerning section 206 of the Civil Code, which provides that “the husband is the head of the household”, and its negative impact on equality between men and women in employment, the Committee notes the Government’s commitment to amend this provision as soon as possible and requests it to indicate any progress made in this regard. The Committee also requests the Government to provide information on the progress made in examining the proposals contained in the document identifying the legislative texts which are discriminatory with regard to gender produced in January 2009 by the Ministry of Gender and Family Promotion.

The Committee notes the communication of the Association of Christian Trade Unions (UMURIMO), according to which the Government initiated the procedure for the ratification of the Maternity Protection Convention, 2000 (No. 183), and the Workers with Family Responsibilities Convention, 1981 (No. 156), at the end of 2007. Emphasizing the importance of these two Conventions with regard to equality between men and women, the Committee asks the Government to provide information on the progress made with regard to the ratification procedures.

Article 3(d). Public service. The Committee notes that, in reply to its previous comments concerning the Public Service Commission, the Government indicates that this Commission was created by Act No. 06/2007 of 1 February 2007 and that it is operational. It notes that the Commission is entrusted with the task of organizing a candidate selection system which is objective, impartial, transparent and equal for all and with conducting research on all matters relating to personnel development and management. The Committee also notes that public service employees are excluded from the scope of the 2009 Act No. 13/2009 regulating labour in Rwanda and that the 2002 general conditions of service of public servants and its implementing texts, which govern their conditions of employment and work, do not contain provisions expressly prohibiting discrimination. The Committee therefore requests the Government to provide information on:

(i)    the activities of the Public Service Commission relating to recruitment and development of personnel;

(ii)   the measures taken to ensure effective protection of these employees against any act of discrimination on the basis of any of the seven grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), not only during their recruitment but also in the course of their employment (possibilities for promotion and advancement);

(iii) the measures taken or envisaged, particularly under the National Gender Policy, to promote the participation of women in all sectors of the administration, at both the central and local levels, and to encourage the access of women to managerial posts on an equal footing with men.

Measures to promote equal access of the Batwa to education, training and employment. In the absence of a reply from the Government on this matter, the Committee is bound to repeat its previous request for specific information on the measures taken by the Government to improve the access of members of the Batwa community to education, including vocational training, employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this community. The Committee also requests it to provide any statistics available on the school enrolment rate of Batwa children and the employment situation of members of this community in the private and public sectors.

Part V of the report form. Application in practice. Statistical information. The Committee notes the first company census report in Rwanda, carried out in 2008 by the Rwanda Private Sector Federation and submitted by the Government. The report constitutes the first step towards a better understanding of the country’s economic fabric, but does not, however, contain sufficient data disaggregated by sex to obtain an overview of the employment situation of women. The Committee also notes that, in July 2009, the Gender Observatory, created in 2009, organized, in partnership with the Ministry of Finance and Economic Planning and the National Institute of Statistics, with support from UNIFEM, a workshop to consider best practices and the challenges relating to the collection and analysis of statistics disaggregated by sex, which resulted in the adoption of an action plan in this regard. The Committee hopes that the Government will soon be able to provide as detailed as possible statistics on the employment of men and women in the private sector, according to economic sector and job level, and in the public sector, including in managerial posts, in order to assess the impact of the measures taken to combat discrimination on the basis of sex and promote equality of opportunity and treatment. The Government is also requested to provide information on any cases of discrimination in employment and occupation dealt with by labour inspectors, the National Human Rights Commission, the Office of the Ombudsperson or the courts.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (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.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Legislative developments. Scope of protection of workers against discrimination. The Committee notes that section 12 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda extends the protection afforded to workers covered from all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention as well as from other grounds (Article 1(1)(b)). Section 12 of that Act prohibits any discrimination, either directly or indirectly, in the course of employment intended to deprive workers of equality of opportunity and treatment where such discrimination is based on: (1) race, colour, origin; (2) sex, marital status or family responsibilities; (3) religion, beliefs or political opinions; (4) social or economic conditions; (5) national extraction; (6) handicap; (7) previous, current or prospective pregnancy; and (8) any other form of discrimination. The Committee also notes that the new Act establishes general penalties in the case of the violation of its provisions (section 169), namely two months’ imprisonment and/or a fine of 50,000 to 300,000 Rwandan francs. It notes, however, that, in the French version of the Act at least, direct or indirect discrimination is prohibited only “during the course of employment” and that this prohibition does not therefore cover all stages of employment and occupation, particularly recruitment. The Committee also notes that section 12 appears to prohibit acts done with an intention to deny equality of opportunity and treatment, which would be more restrictive than the definition of discrimination set out in Article 1 of the Convention under which intent is not required. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit discrimination during access to employment or to an occupation. It also requests the Government to clarify whether intent is required for an act to constitute discrimination under section 12 of Act No. 13/2009. The Government is also requested to provide information on the application of section 12 of the Act, in practice and to specify, in particular, whether any appeals have been lodged on the basis of any one of the prohibited grounds of discrimination and whether penalties have been imposed under section 169 of that Act.

Sexual harassment. The Committee notes the adoption of Act No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence, section 24 of which establishes punitive measures in the case of “sexual harassment of a subordinate” imposed on “any employer or any other person who uses his or her position to harass a subordinate by way of orders, intimidation and terror for the purpose of sexual pleasure”. It also notes the inclusion in Act No. 13/2009, of provisions prohibiting “gender-based violence” in employment (section 9), that is “any act of a physical, psychological or sexual nature directed at a person or likely to damage their property on the grounds of their sex” which “infringes their rights and affects their integrity”. Section 9 of Act No. 13/2009 also prohibits moral harassment at work, either directly or indirectly, which is defined as “any act of harassment at work of any origin, either external or internal to the enterprise, which manifests itself in particular through behaviour, words, intimidation or anonymous written communications designed to have an adverse effect on the dignity of a worker in the workplace, endanger his or her job and constitute an obstacle to his or her work”. The Committee welcomes the adoption of these new legislative provisions which, when combined, appear to cover the two essential elements of sexual harassment at work as defined in its 2002 general observation, namely: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). However, in order to ensure adequate protection for men and women workers and to clarify the legal regime applicable to this discriminatory practice, the Committee requests the Government to consider taking the necessary measures to adopt a clear and precise definition of sexual harassment in the workplace, ensuring that this definition covers both quid pro quo and the creation of a hostile working environment. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to prevent this form of gender-based discrimination in the workplace, particularly in the context of the national gender policy adopted in 2004 (education programmes, awareness-raising campaigns on preventive measures and appeal mechanisms, etc.).

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2(2)(a) of the Convention. Application of the principle of equal remuneration for work of equal value. Legislation. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda. It notes that the new Act refers to the present Convention in its Preamble and that it contains a definition of the expression “work of equal value” (section 1.9). However, it notes that this definition is too narrow to give full effect to the provisions of the Convention since it refers to “similar work”, and further, that the new Act contains no substantial provisions prescribing “equal remuneration for work of equal value”. Furthermore, the Committee notes that the Government mentions in its report article 11 of the Constitution which prohibits any discrimination in general, and notes that article 37 of the Constitution specifies that “every person having equal competence and capacity shall have the right, without any discrimination, to equal pay for equal work”. Referring to its previous comments, the Committee notes with regret that the Government has not taken the opportunity to give full legislative expression to the principle of equal remuneration for work of equal value within the meaning of the Convention.

While it is important to prohibit discrimination on the basis of sex in employment, this is not sufficient to ensure the full application of the principle of equal remuneration pursuant to the Convention. Referring to its general observation of 2006, in which it clarifies the meaning of the concept of “work of equal value” under the Convention, the Committee would like to stress that, whilst this concept encompasses the concept of “equal”, “the same” and “similar” work it also goes beyond that because it encompasses work which is of an entirely different nature but which is nevertheless of equal value. The concept of “work of equal value” therefore allows for a much broader comparison to be made between jobs performed by men and women in different places or sectors, or between different employers. It therefore allows pay discrimination to be combated more effectively where men and women traditionally perform work that is of an entirely different nature but which is nevertheless of equal value. The Committee therefore once again urges the Government to take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set out in the Convention.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Gender equality. In its previous comments under the Equal Remuneration Convention, 1951 (No. 100), the Committee noted that section 206 of the Civil Code of Rwanda establishes that the husband is the head of the household as a matter of principle. As a consequence, women workers are entitled to income tax reductions in respect of dependants only in so far as they prove that they are de facto heads of households. The Committee observed that providing for equal rights of women and men in civil and family matters creates an environment which should be conducive to more rapid progress towards equal opportunity and equal treatment for men and women in employment. In its report, the Government states that it has taken due note of this observation. The Committee requests the Government to indicate in its next report whether any consideration is being given to amending section 206 of the Civil Code in order to provide for the equal status of men and women as heads of household.

2. Statistical information. The Committee requests the Government to provide detailed statistical information on the participation of men and women in private and public sector employment (if possible according to occupations and level of responsibility), as well as their representation in the informal economy.

3. Measures to promote equal access of the Batwa to education, training and employment. In reply to the Committee’s request for information on any measures taken to promote equality of opportunity and treatment of the Batwa, the Government indicates in its report that, since 2003, elementary education was provided free of charge and that education funds at the district level supported poor households to ensure education for their children. The Committee requests the Government to provide further and more detailed information on the specific measures taken to improve the access of members of the Batwa community to education, including vocational training, and to employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this group.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Assessment of the gender wage gap. The Committee notes from the Government’s report that the Government is carrying out a labour force survey which will also provide information concerning the income of men and women. The Committee asks the Government to provide the results of the survey in respect of the remuneration received by men and women in its next report.

2. Determination of wages. The Committee notes the Government’s explanations concerning the determination of wages through minimum wage fixing, collective agreements and individual contracts. The report also states that the minimum wage has not yet been decreed. The Committee asks the Government to keep it informed of the progress made in fixing the guaranteed minimum wage as envisaged under section 83 of the Labour Code and to provide examples of collective agreements, indicating in which ways these agreements are designed to address gender wage disparities. Please also indicate whether any practical measures are being taken to assist enterprises to establish remuneration in accordance with the Convention’s principle.

3. Enforcement. The Government states that it could be assumed that the principle of equal remuneration established in section 84 of the Labour Code was being applied, given that no complaints had been raised with the labour inspection services. However, the Committee notes that the absence of complaints does not by any means establish that the Convention’s principle is being complied with in all instances. With reference to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), on the need to strengthen training and awareness-raising measures on equality issues, the Committee asks the Government to ensure that such measures specifically promote the principle of equal remuneration for men and women for work of equal value and to provide information on any steps taken in this regard. Please indicate whether any training concerning the Convention’s principle has been provided to labour inspectors, and whether they can investigate issues of equal remuneration on their own initiative. The Committee further asks the Government to inform it when there are any cases involving section 84 of the Labour Code dealt with by the labour inspection services or the courts.

4. Objective job evaluation. The Committee notes from the Government’s report that objective job evaluation was not yet being carried out in the private sector. In its previous report, the Government indicated that objective job evaluation will be undertaken in the context of future collective or enterprise agreements. The Committee asks the Government to indicate any measures taken to promote actively the use of objective job evaluation methods as a means to determine remuneration free from gender bias.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its previous observation, the Committee commented on section 84 of the Labour Code which provides that equally competent workers carrying out the same type of work under the same conditions must be equally remunerated, without any consideration as to their origin, sex or age. Having noted that this provision was narrower than the principle of the Convention because it emphasized equal remuneration for the “same work” rather than for work of equal value as required by the Convention, the Committee asked the Government to indicate whether consideration was being given to amending section 84 to bring it into line with the Convention. In its report, the Government states that the draft Labour Code no longer provides for the provisions currently contained in section 84. The Government indicates that section 7 of the draft Labour Code, more generally, prohibits any discrimination based on sex in employment, including as regards remuneration.

2. The Committee observes that, while a general prohibition of discrimination based on sex in employment is important, it may not be sufficient in itself to ensure the full application of the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee, therefore, urges the Government to ensure that equal remuneration provisions in accordance with the Convention will be introduced into the Labour Code, giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to indicate the steps taken concerning this matter in its next report.

3. The Committee recalls that violations of the current section 84 are not subject to penalties. Emphasizing that without effective means of redress against sex-based discrimination in respect of remuneration the application of the Convention cannot be effectively promoted, the Committee asks the Government to ensure that the new Labour Code will contain equal remuneration provisions that are properly enforceable by the competent authorities.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Assessment of the gender wage gap. The Committee notes from the Government’s report that the Government is carrying out a labour force survey which will also provide information concerning the income of men and women. The Committee asks the Government to provide the results of the survey in respect of the remuneration received by men and women in its next report.

2. Determination of wages. The Committee notes the Government’s explanations concerning the determination of wages through minimum wage fixing, collective agreements and individual contracts. The report also states that the minimum wage has not yet been decreed. The Committee asks the Government to keep it informed of the progress made in fixing the guaranteed minimum wage as envisaged under section 83 of the Labour Code and to provide examples of collective agreements, indicating in which ways these agreements are designed to address gender wage disparities. Please also indicate whether any practical measures are being taken to assist enterprises to establish remuneration in accordance with the Convention’s principle.

3. Enforcement. The Government states that it could be assumed that the principle of equal remuneration established in section 84 of the Labour Code was being applied, given that no complaints had been raised with the labour inspection services. However, the Committee notes that the absence of complaints does not by any means establish that the Convention’s principle is being complied with in all instances. With reference to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), on the need to strengthen training and awareness-raising measures on equality issues, the Committee asks the Government to ensure that such measures specifically promote the principle of equal remuneration for men and women for work of equal value and to provide information on any steps taken in this regard. Please indicate whether any training concerning the Convention’s principle has been provided to labour inspectors, and whether they can investigate issues of equal remuneration on their own initiative. The Committee further asks the Government to inform it when there are any cases involving section 84 of the Labour Code dealt with by the labour inspection services or the courts.

4. Objective job evaluation. The Committee notes from the Government’s report that objective job evaluation was not yet being carried out in the private sector. In its previous report, the Government indicated that objective job evaluation will be undertaken in the context of future collective or enterprise agreements. The Committee asks the Government to indicate any measures taken to promote actively the use of objective job evaluation methods as a means to determine remuneration free from gender bias.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Gender equality. In its previous comments under the Equal Remuneration Convention, 1951 (No. 100), the Committee noted that section 206 of the Civil Code of Rwanda establishes that the husband is the head of the household as a matter of principle. As a consequence, women workers are entitled to income tax reductions in respect of dependants only in so far as they prove that they are de facto heads of households. The Committee observed that providing for equal rights of women and men in civil and family matters creates an environment which should be conducive to more rapid progress towards equal opportunity and equal treatment for men and women in employment. In its report, the Government states that it has taken due note of this observation. The Committee requests the Government to indicate in its next report whether any consideration is being given to amending section 206 of the Civil Code in order to provide for the equal status of men and women as heads of household.

2. Statistical information. The Committee requests the Government to provide detailed statistical information on the participation of men and women in private and public sector employment (if possible according to occupations and level of responsibility), as well as their representation in the informal economy.

3. Measures to promote equal access of the Batwa to education, training and employment. In reply to the Committee’s request for information on any measures taken to promote equality of opportunity and treatment of the Batwa, the Government indicates in its report that, since 2003, elementary education was provided free of charge and that education funds at the district level supported poor households to ensure education for their children. The Committee requests the Government to provide further and more detailed information on the specific measures taken to improve the access of members of the Batwa community to education, including vocational training, and to employment and occupation, as well as information on the impact of these measures on the overall socio-economic situation of this group.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. In its previous observation, the Committee commented on section 84 of the Labour Code which provides that equally competent workers carrying out the same type of work under the same conditions must be equally remunerated, without any consideration as to their origin, sex or age. Having noted that this provision was narrower than the principle of the Convention because it emphasized equal remuneration for the “same work” rather than for work of equal value as required by the Convention, the Committee asked the Government to indicate whether consideration was being given to amending section 84 to bring it into line with the Convention. In its report, the Government states that the draft Labour Code no longer provides for the provisions currently contained in
section 84. The Government indicates that section 7 of the draft Labour Code, more generally, prohibits any discrimination based on sex in employment, including as regards remuneration.

2. The Committee observes that, while a general prohibition of discrimination based on sex in employment is important, it may not be sufficient in itself to ensure the full application of the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee, therefore, urges the Government to ensure that equal remuneration provisions in accordance with the Convention will be introduced into the Labour Code, giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to indicate the steps taken concerning this matter in its next report.

3. The Committee recalls that violations of the current section 84 are not subject to penalties. Emphasizing that without effective means of redress against sex-based discrimination in respect of remuneration the application of the Convention cannot be effectively promoted, the Committee asks the Government to ensure that the new Labour Code will contain equal remuneration provisions that are properly enforceable by the competent authorities.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the observations made by the Workers Trade Union Confederation of Rwanda (CESTRAR), the Association of Christian Trade Unions Umurimo (ASC/UMURIMO), and the National Council of Free Trade Union Organizations of Rwanda (COSYLI).

1. Articles 1 and 2 of the Convention. Application by law. The Committee noted previously that section 206 of the Civil Code of Rwanda establishes that the husband is the head of the household as a matter of principle. As a consequence, women workers are entitled to income tax reductions in respect of dependents only insofar as they prove that they are de facto heads of households. The Committee observes that providing for equal rights of women and men in civil and family matters creates an environment which should be conducive to more rapid progress towards equal opportunity and equal treatment for men and women in employment. The Government is requested to provide information, in its next report under Convention No. 111, on whether any consideration is being given to amending section 206 of the Civil Code in order to provide for the equal status of men and women in the family.

2. Assessment of the gender wage gap. The Committee notes the Government’s statement that an assessment of the gap between the remuneration received by men and women would be made in the context of collective bargaining. The Government is asked to provide information on the measures taken and the progress made with regard to gathering statistical information on the earning levels of men and women, and on the results of any assessment of the gender wage gap made in the context of collective bargaining.

3. Collective agreements. The Committee notes the Government’s indication that no collective agreement has yet been concluded in Rwanda. The Government is asked to keep the Committee informed of any collective agreement that may be concluded, to provide a copy of any collective agreement concluded, and to indicate the ways in which the collective agreement has been designed to address gender wage inequalities.

4. Minimum wage. The Committee notes that, under section 83 of the Labour Code, the Ministry of Labour is responsible for fixing the guaranteed minimum wage, after consultations with the social partners, but that the minimum wage has not yet been decreed. The Committee stresses that the establishment of a minimum wage can make a positive contribution to the application of the Convention. According to COSILY the fixation of the minimum wage would allow for an updating of the wage scales in the private sector. The Committee asks the Government to provide information on: (a) the progress in fixing the guaranteed minimum wage as envisaged under section 83 of the Labour Code; and (b) the progress made in updating private sector wage scales, including information on how the principle of equal remuneration for work of equal value has been taken into account in doing so.

5. Enforcement. The Committee remains concerned at the apparent absence of any provision in Rwandan legislation establishing penalties for breaches of the principle of equal pay for men and women and on the need to provide effective remedies in this regard. Section 194 of the Labour Code, which lists the provisions in respect of which a violation is subject to penalties, does not list section 84. The Committee reiterates that without effective means of redress against sex-based discrimination in respect of remuneration, the application of the Convention cannot be effectively promoted and ensured. The Committee asks the Government to provide information on how section 84 of the Labour Code is enforced in practice, including any information on the concrete measures by the labour inspectorate or any cases that may have been brought before the courts.

6. Article 3. Objective job appraisal. The Committee notes from the Government’s report that objective job evaluation will be undertaken in the context of future collective or enterprise agreements. No information has been provided concerning the use of job descriptions in the public service (point 3 of the previous direct request). The Government is asked: (a) to keep the Committee informed on any measures taken to promote the objective appraisal of jobs in collective bargaining; and (b) to indicate the progress made in establishing job descriptions for posts in the public service, as provided for in section 24 of Act No. 22/2002 concerning the public service.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, as well as the observations attached thereto of the Trade Union Central of Rwanda (CESTRAR), the Association of Christian Trade Unions Umurimo (ASC/UMURIMO), the Congress of Labour and Fraternity of Rwanda (COTRAF) and the National Council of Free Trade Union Organizations of Rwanda (COSYLI).

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indications that no specific laws to combat sexual harassment have been adopted and that the issue has not yet been addressed through educational measures and awareness raising. The ASC/UMURIMO stated that sexual harassment existed and recommended that legislation to protect workers from such harassment at the workplace be adopted. The Committee encourages the Government to take the appropriate legislative and other measures to prohibit and prevent sexual harassment at work, including through educational programmes and awareness-raising campaigns; to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies in this regard; and to keep the Committee informed of any steps taken and progress made.

2. Articles 2 and 3. Application in practice. COTRAF points out that despite the prohibition of discrimination by law, there existed some distinctions in practice between persons for reasons related to ethnicity, religion, political affiliation or social origin. They also raise doubts as to the availability of effective administrative or judicial recourse in cases of discrimination and point to the need for taking practical measures to promote non-discrimination and equality at work. CESTRAR states that discrimination at the stage of recruitment existed in the private sector. As an example, reference was made to the rejection of female job applicants for reasons related to pregnancy. The Government replied that it would make the necessary investigations to examine whether such cases existed. It indicated that complaints regarding discrimination could be lodged with the National Commission on Human Rights and the Office of the Ombudsperson. The Committee requests the Government to provide, in its next report, information on:

(a)  any measures taken or envisaged to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies, such as the National Human Rights Commission, with a view to promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in employment and occupation. The Committee encourages the Government and its social partners to consult on and implement concrete and practical measures to promote and ensure equality at work, such as awareness-raising initiatives and training on equality issues for public officials, employers’ and workers’ representatives, or collection and analysis of labour market data disaggregated by sex;

(b)  the results of the investigations made into cases of pregnancy-related discrimination referred to by the Government; and

(c)  the activities of the authorities to ensure the implementation and enforcement of laws and regulations providing for equality in employment and occupation. Please indicate the number, nature and outcome of any cases concerning work-related discrimination dealt with by the labour inspectorate, the courts, the National Human Rights Commission, or the Office of the Ombudsman.

3. Measures to promote equality of opportunity and treatment irrespective of race or colour. In its previous comments the Committee has sought information from the Government on the measures taken to guarantee underprivileged ethnic groups, such as the Batwa, equality of opportunity and treatment in employment and occupation as laid down in the Convention. In reply, the Government states that article 14 of the Constitution was applicable to the Batwa in need of public assistance or special social measures. The Committee notes that article 14 provides that the State, within the limits of its capacity, takes special measures for the well-being of poor genocide survivors, disabled persons, persons without means, older persons and other vulnerable groups. The Committee also understands that the National Commission for Unity and Reconciliation recommended in 2000 that positive measures should be taken to promote the access of the Batwa to education. It notes that, according to the ASC/UMURIMO, it was important to take positive action in respect of the Batwa in the area of employment, including access to vocational training free of charge. The Committee requests the Government to provide, in its next report, information on any measures taken or envisaged to promote equality of opportunity and treatment of the Batwa or other underprivileged ethnic groups, including access to vocational training.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee refers to section 84 of the Labour Code which provides that equally competent workers carrying out the same type of work under the same conditions must be equally remunerated, without any consideration as to their origin, sex or age. In its previous observation the Committee noted that section 84 emphasizes comparing “the same type” of work, while the principle of equal remuneration for work of equal value, as contained in the Convention, is wider, requiring also the comparison of work which is of a different type, but still of equal value. The Committee draws the Government’s attention to the fact that this broader comparison is of particular importance in addressing sex-based discrimination in respect of remuneration in situations where men and women traditionally perform different types of jobs. The Committee asks the Government to indicate whether consideration is being given to amending the Labour Code in order to ensure that employers have an obligation to pay equal remuneration to men and women performing different types of jobs which are nevertheless of equal value, as determined on the basis of objective criteria.

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

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee notes that under article 11 of the new Constitution of the Republic of Rwanda of 4 June 2003, all discrimination based on race, ethnicity, clan, tribe, skin colour, sex, region, social origin, religion or belief, opinion, wealth, cultural difference, language, social situation, physical or mental disability or any other form of discrimination, is prohibited and punishable by the law. The Committee notes with interest that article 11 provides increased constitutional protection from discrimination as compared to the previous Constitution by explicitly prohibiting discrimination and by introducing new prohibited grounds. It notes that no explicit reference is made in article 11 to national extraction, which is listed in Article 1(1)(a) of the Convention. The Committee recalls that the ground of national extraction relates to distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. The Government is requested to indicate whether article 11 of the 2003 Constitution is intended to prohibit discrimination on the basis of national extraction, and to provide information on the application of article 11 in practice, including information on any cases brought under it before the courts or other competent bodies.

2. The Committee refers to section 12 of the Labour Code (Act No. 51/2001) which provides that "any distinction, exclusion or preference made, in particular on the basis of race, colour, sex, religion, or political opinion, which would have the effect of nullifying or impairing equality of opportunity in employment or equality of treatment before the judicial instances in labour disputes, is prohibited". The Committee noted previously that this provision makes no reference to the grounds of national extraction and social origin, which are listed in Article 1(1)(a) of the Convention. The Committee notes from the Government’s report, that the ground of national extraction had been omitted unintentionally, while no information is given with regard to the ground of social origin. The Committee requests the Government to take the measures necessary to amend the Labour Code to ensure that it prohibits discrimination on all the grounds listed in the Convention, including national extraction and social origin.

3. Article 1(3). Scope of protection. Section 12 of the Labour Code provides for "equality of opportunity in employment or equality of treatment before the judicial instances in labour disputes". The Committee recalls that the Convention is aimed at achieving equality in employment and occupation, which includes access to vocational training, access to employment and particular occupations, and terms and conditions of employment. The Committee requests the Government to clarify whether section 12 of the Labour Code prohibits discrimination in respect of all stages of the employment process, including vocational training, recruitment, access to particular occupations, as well as terms and conditions of employment.

4. Recruitment in public establishments. For a number of years the Committee has been commenting on the requirement of an attestation or certificate of good conduct, lifestyle and morals in order to be employed in public establishments, which was contained in section 6 of the Presidential Order of 20 December 1976 establishing the conditions of service of personnel in public establishments. In this regard, the Committee notes with satisfaction that the Presidential Order has been repealed with the adoption of Act No. 22/2002 establishing the general conditions of service of public officials.

5. Article 4. Measures to protect state security. In its previous observation, the Committee requested the Government to indicate the measures that have been taken to ensure that a person cannot be refused employment for reasons related to the security of the State except within the limits prescribed by Articles 1 and 2 of the Convention, and subject to the right of appeal set out in Article 4. The Committee trusts that the Government will provide the information requested in the near future, as indicated in its report.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. Further to its observation, the Committee recalls that women workers are entitled to the deduction made from income tax in respect of dependent children and spouses only in so far as they prove that they are de facto heads of households. Noting that this system was the logical outcome of section 206 of Book one of the Civil Code of Rwanda which established that the husband is the head of the household as a matter of principle, the Committee had asked the Government to consider amending article 206 of the Civil Code in order to provide that either spouse could be treated as head of household on an equal basis. In this regard, the Government stated in its report that it had taken due note of the Committee’s comments. The Committee asks the Government to report on any action it has taken to amend section 206 in the sense suggested above and to indicate any measures taken or envisaged to ensure that income tax deductions for dependants are granted to either one of the spouse, based on a decision of the two spouses of the household as to which of them will make use of this fiscal measure.

2. The Committee recalls its previous comments concerning the absence of any provisions in Rwandan legislation establishing penalties for breaches of the principle of equal pay for men and women and on the need to provide effective remedies in this regard. In this context, the Committee notes the Government’s statement recognizing the need to envisage measures to ensure that reparation in cases of pay discrimination could be obtained. The Committee also notes that section 84 of the new Labour Code was not included in section 194 which lists those provisions of which a violation is subject to penalties. The Committee stresses once again that effective means of redress (e.g. through civil litigation or administrative procedures) and sanctions are indispensable to promote and ensure the application of the Convention and asks the Government to provide information on any measures taken in this regard. The Committee also invites the Government to clarify whether acts constituting a violation of the principle of equal remuneration for men and women for work of equal value are punishable under the Act instituting punishment for offences of discrimination and sectarianism (No. 47/2001). In addition, please provide detailed information on the present role and function of the courts and the labour inspection services with regard to the application in practice of the principle of equal remuneration for work of equal value.

3. With regard to the civil service, the Committee notes the entry into force on 1 September 2002 of Act. No. 22/2002 concerning the public service. Noting that under section 24 of the Act a job description must be drawn up for every post, the Government is asked to indicate the progress made in establishing job descriptions for the public service.

4. Finally, the Committee once again recalls the importance of compiling and analysing labour statistics regarding levels of remuneration, disaggregated by sex, as a means to promoting and assessing the application of the Convention. The Government is asked to provide information on the measures taken and the progress made with regard to gathering such labour statistics, as outlined in its general observation of 1998, and to supply such statistics with its next report. With regard to the public service, please provide detailed information on the number of women compared to that of men employed in the various categories and levels.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It recalls that section 82 of the former Labour Code provided for equal remuneration for work in "equal conditions, as regards work, skill and output" and that in their previous comments, the Committee expressed the hope that the revision of the Labour Code would be used to amend this provision to reflect more faithfully the principle of equal pay for work of equal value. In this context, the Committee notes that section 84 of the new Labour Code (Act. No 51/2001), which replaces section 82 of the former Labour Code, provides that equally competent workers carrying out the same type of work under the same conditions, must be equally remunerated, without any consideration as to their origin, sex, or age.  While noting that reference is no longer made to "equal output", the Committee observes that section 84 still emphasizes comparing "the same type" of work. The Committee therefore draws the Government’s attention once again to the fact that the principle of equal remuneration for work of equal value as contained in the Convention is wider, requiring also the comparison of work which is of a different type, but of equal value. The Committee hopes that the Government will consider further amending section 84 of the Labour Code with a view to reflecting the principle of the Convention more fully and to keep the Committee informed on this matter.

In addition, a request regarding certain other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Further to its observation, the Committee requests the Government to provide information on the following points.

1. Noting from section 28 of Act No. 22/2002 establishing the general conditions of service of public officials, which establishes the criteria for admission to competitions concerning civil service posts, that additional criteria can be established for certain employment, the Committee asks the Government to provide information whether it has made or intends to make use of this provision. If applicable, please provide information on any additional criteria established.

2. Noting the Committee on the Elimination of Racial Discrimination was encouraged by the Government’s efforts to rehabilitate the judicial system, including through training of judicial and law enforcement officials (concluding observation of 23 March 2000, CERD/C/304/Add.97, paragraph 7), the Committee would be grateful to receive information on whether such training is also provided to officials enforcing or applying laws and regulations on non-discrimination and equality in employment and occupation, such as judges and labour inspectors.

3. The Committee notes that the Government’s report did not reply to the following points raised in its previous direct request:

[...]

2.  The Committee notes that the Government has not provided any information on the actual situation of underprivileged ethnic groups, particularly the Batwa (Pygmies) and that it makes no mention of the study that it had envisaged undertaking on this matter. The Committee would therefore be grateful if the Government would indicate whether such a study has actually been carried out and, if so, its conclusions and recommendations, as well as the measures which have been taken or are contemplated to ensure that these minorities enjoy the equality of opportunity and treatment in employment and occupation guaranteed by both the Convention and article 16 of the Constitution of Rwanda. If the study has not been carried out, the Committee would be grateful to be provided with information on the measures taken or envisaged by the Government to guarantee underprivileged ethnic groups, including the Batwa, the equality of opportunity and treatment in employment and occupation laid down by the Convention.

3.  The Committee notes that the Government makes no reference in its report to any effect that the liberalization of recruitment procedures since 1993 may have had on the application of the national policy for the promotion of equality of opportunity and treatment in access to employment. The Committee therefore once again requests the Government to indicate the measures which have been taken or are envisaged to ensure the right of all jobseekers to have their applications for employment considered equitably, that is, without discrimination on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s report. It notes with interest the Act instituting punishment for offences of discrimination and sectarianism (No. 47/2001) which entered into force on 15 February 2002. Under section 3 of the Act, discrimination is an offence committed through oral or written expression or any act based on ethnic origin, nationality, skin colour, physical features, sex, language, religion or opinion aimed at depriving one or more persons of their rights under the laws in force in Rwanda and under international conventions to which Rwanda is a party. The Government is requested to provide information on the implementation and enforcement of the Act in respect to discrimination in employment and occupation.

2. The Committee also notes that section 12 of the new Labour Code (Act No. 51/2001), which entered into force on 1 March 2002, provides that "any distinction, exclusion or preference made in particular on the basis of race, colour, sex, religion, or political opinion, which would have the effect of nullifying or impairing equality of opportunity in employment or equality of treatment before the judicial instances in labour disputes, is prohibited". Noting that section 12 covers all the prohibited grounds of discrimination mentioned in Article 1(1)(a) of the Convention, except national extraction and social origin, the Committee recalls the importance of prohibiting discrimination on all the grounds laid down in the Convention. Aware of the recent history of the country, the Committee firmly believes that the prevention of and protection from discrimination in employment, particularly on grounds of national extraction, is crucial in promoting national reconciliation and peace. It therefore asks the Government to indicate the reasons for this omission, as well as the manner in which discrimination on grounds of national extraction and social origin are otherwise prohibited in employment in law or practice. It hopes that the Government will consider amending the Act to bring it fully in line with Article 1(1)(a) of the Convention. In addition, the Committee is concerned that section 12 could be read and applied in a manner, that would restrict its scope to providing equality before the courts in labour matters. Recalling that the Convention’s scope is broad, providing for substantive as well as formal equality of opportunity and treatment in employment and occupation at all stages of employment, including vocational training, recruitment, access to particular occupations, as well as terms and conditions of employment, the Committee requests the Government to clarify the meaning of section 12 of the Labour Code and to provide indications as to its application in practice.

3. Further to its previous comments, the Committee notes that the new Labour Code, through its section 198, formally repeals all prior legal provisions and regulations contrary to the Code, including the Presidential Order of 17 April 1978 which organized the placement of workers and employment supervision. It notes with interest that the requirement for obtaining employment in the private sector of an attestation or certificate of good conduct, lifestyle and morals, which is issued by the communal authorities, has therefore been abolished de jure. As regards the requirement of such an attestation in respect to employment in the public service, the Committee notes with satisfaction that Act No. 22/2002 establishing the general conditions of service of public officials, which entered into force on 1 September 2002 and which replaces the Legislative Decree of 19 March 1974, no longer requires such an attestation in law or practice.

4. Recalling that section 6 of the Presidential Order of 20 December 1976 establishing the conditions of service of personnel in public establishments also provided for the requirement of an attestation or certificate of good conduct, lifestyle and morals in order to be employed in public establishments, the Government is requested to clarify whether this Order is still in force.

5. The Committee recalls its request for information concerning the re-education programme that repatriated persons seeking employment, or those already employed, were required to follow. In this regard, the Committee notes the Government’s statement that re-education of all components of the Rwandan society ("Ingando") continued in order to strengthen cohesion and to overcome the ethnic and tribal divisions that led to the 1994 genocide, and that re-education was no longer targeted specifically at persons seeking employment or having found work, as was the case in 1998 when there was a massive influx of returning refugees. The Committee notes this information. Noting from the report that no assessment of the impact of the Government’s human rights awareness campaign is yet available, the Committee asks the Government to continue to provide information on any measures taken to promote the rule of law and respect for human rights through awareness-raising activities and human rights education or training, for government officials and the public at large, including relevant activities of the National Commission on Human Rights.

6. With reference to its previous comments concerning exclusion from employment for reasons related to the security of the State, the Committee notes the information provided by the Government that since the liberalization of recruitment nobody had been refused employment because of being suspected of carrying out activities prejudicial to the security of the State. Recalling that the Government had previously stated that the labour administration was no longer responsible for conducting investigations concerning persons suspected of carrying out such activities, the Committee reiterates its request to the Government to indicate the measures which have been taken to ensure that a person cannot be refused employment for reasons related to the security of the State except within the limits prescribed by Articles 1 and 2 of the Convention, and subject to the right of appeal set out in Article 4.

In addition, a request regarding other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1.The Committee notes the report of the Government and the accompanying observations of the Central Trade Union of Rwanda (CESTRAR). With regard to the comment made by CESTRAR concerning the fact that women workers are not entitled to the deduction made from income tax in respect of dependants (children and spouses), the Committee notes the Government’s explanation that women may benefit from this exemption in so far as they prove that they are de facto heads of the household. The Committee understands that the purpose of this is to prevent households from declaring the same children twice and thus benefiting from a double tax deduction. The Committee also notes that the system is a logical outcome of the application of section 206 of book one of the Civil Code of Rwanda which establishes that the husband is the head of the household as a matter of principle. The Committee asks the Government to consider amending this article of the Civil Code in the medium term to provide that both spouses are treated as heads of the household on an equal basis. It also asks the Government to indicate whether the formalities required of women to prove that they are de facto heads of household are also required of men who hold this responsibility. If that is not the case, the Committee suggests that the Government should let the two spouses of the household decide for themselves which one will declare the children as dependants and thus benefit from the income tax deduction.

2. The Committee notes that, according to the Government, the Transitional National Assembly has just adopted a draft Labour Code. The Committee therefore trusts that the Government will shortly send a copy of the adopted text. It hopes that the new text amends former section 82 in order to reflect more faithfully the principle of equal pay for work of equal value, rather than for the same or similar work. The Committee wishes to stress that the term "equal conditions, as regards work, skill and output" is not synonymous with "work of equal value". Furthermore, while performance appraisal criteria such as skill and output and their equivalents are not discriminatory in themselves as a basis for wage differentiation, they must be applied in good faith. In its General Survey of 1986 (paragraph 54), the Committee pointed out that experience has shown that in practice, insistence on "equal conditions as regards work, skill and output can be taken as a pretext for paying women lower wages than men". The Committee notes that the legislation of Rwanda does not establish penalties for breaches of the principle of equal pay for men and women, and recalls that such penalties serve a dual purpose: to punish those responsible for discrimination, but also, and above all, to prevent breaches by being sufficiently dissuasive. The Committee would therefore be grateful if the Government would indicate the means of redress currently available to a woman worker who considers that she has sustained injury through breach of the principle of equal pay for men and women guaranteed by the Convention, and any compensation she may be entitled to expect. The Committee therefore asks the Government to adopt specific penalties as soon as possible for breaches of this principle.

3. Further to its previous comments on the circular of the Ministry of Labour and Social Affairs adopted as a result of the observation that "some enterprises do not respect the principle of equal treatment towards women in regard to the granting of certain allowances. This is the case for allowances made for reimbursement of expenditure on telephone, electricity and water costs incurred by workers at their homes. Certain private enterprises in Rwanda exclude women workers from this advantage". The Committee wishes to stress that workers’ and employers’ organizations share in the responsibility for the effective application of the principle of equal remuneration.

4. The Committee noted that the labour inspectorate lacks the human and material resources to supervise effectively the application of the principle of equal remuneration. It hopes that the Government will be in a position in the future to supply the inspectorate with the necessary means to guarantee the enforcement of the Convention.

5. With regard to the labour statistics disaggregated by sex, the Committee notes that Rwanda is still awaiting technical assistance from the Office and trusts that Rwanda’s request will soon be met. The Committee notes that the next wage scales for public servants in the central administration will be disaggregated by sex and asks the Government to provide a copy of them as soon as they are finalized and to indicate the percentage of women as compared to men in category I.

6. The Committee notes that the description of jobs in the public service is still in preparation, and trusts that the Government will continue to keep it informed of progress made in this respect and will provide a copy of the conclusions of the survey and the measures taken or envisaged to implement them.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report in reply to its previous direct request, in particular, the fact that the Labour Code has not yet been adopted and is currently under consideration in the National Assembly of Transition. In this respect, it hopes that the text finally adopted will take into account the suggestions made in its previous comments, namely: (a) amendment of the former section 82 so that the principle of equal remuneration laid down in the new Labour Code is in line with that set out in the Convention, namely that the comparison will go beyond "identical or similar" work to cover work "of equal value"; and (b) the introduction of specific sanctions for any violation by the employer of the principle of equal remuneration for men and women for work of equal value.

2. With regard to the Presidential Circular warning employers who treat women in a discriminatory manner, particularly with regard to the payment of certain allowances, the Committee notes the Government's indication that this text does not exist for the simple reason that the situation has not yet been observed and that the information should be considered to have been communicated in error. Re-examination of the report submitted by the Government in 1994 on the present Convention shows that it refers in fact to a circular of the Ministry of Labour and Social Affairs subsequent to noting that "certain enterprises do not respect the principle of equality of treatment towards women in regard to the granting of certain allowances. This is the case for allowances made for reimbursement of expenditure on telephone, electricity and water incurred by workers at their homes. Certain private enterprises in Rwanda exclude women workers from this advantage". The Committee therefore reiterates its request for information on the role played by the labour inspection services and by the courts in regard to application of the principle of equality of remuneration between men and women. The Committee takes this opportunity to recall what it has already affirmed on many occasions (see paragraph 253 of its 1986 General Survey), that it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided. By its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. For example, one of the difficulties inherent in application of the principle is lack of knowledge of the facts, since inequality of remuneration, in all countries, is almost always poorly identified and observed statistically. The Committee notes in this context that, in its report, the Government requests the technical assistance of the ILO in establishing a system of labour statistics disaggregated by sex and indicates that it has forwarded this request to the competent service. The Committee therefore requests the Government to keep it informed in its next report of measures taken to obtain a compilation, disaggregated by sex, of statistical labour data and results obtained, followig technical assistance from the Office. The Committee takes due note of the table of scales for central administration officials for the years 1974 to 1996 communicated by the Government. This table is not disaggregated by sex and the Committee would be grateful if the Government would indicate in which categories there are more women and what is the percentage of women in category I.

3. Taking due note of the Government's statement that the results of the study on the post assessment system in the public sector are expected by the end of 1999, the Committee requests the Government to keep it informed in its next report of the conclusions of this study and measures taken or envisaged in response.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. In its previous comments, the Committee noted that the Bill to amend the Act of 28 February 1967 issuing the Labour Code contained no provision prohibiting discrimination in employment on all of the seven grounds provided for in the Convention. In its report, the Government states that the current draft Labour Code fully incorporates in section 14 the wording of Article 1, paragraph 1(a), of Convention No. 111 and merely adds ethnic origin among the grounds of discrimination which are prohibited by the legislation. The Government adds that the draft text is currently being examined by the Transitional National Assembly. The Committee notes this information and would be grateful if the Government would keep it informed of the progress achieved in adopting the new Labour Code and if it would provide a copy of the final text.

2. The Committee notes that the Government has not provided any information on the actual situation of underprivileged ethnic groups, particularly the Batwa (Pygmies) and that it makes no mention of the study that it had envisaged undertaking on this matter. The Committee would therefore be grateful if the Government would indicate whether such a study has actually been carried out and, if so, its conclusions and recommendations, as well as the measures which have been taken or are contemplated to ensure that these minorities enjoy the equality of opportunity and treatment in employment and occupation guaranteed by both the Convention and article 16 of the Constitution of Rwanda. If the study has not been carried out, the Committee would be grateful to be provided with information on the measures taken or envisaged by the Government to guarantee underprivileged ethnic groups, including the Batwa, the equality of opportunity and treatment in employment and occupation laid down by the Convention.

3. The Committee notes that the Government makes no reference in its report to any effect that the liberalization of recruitment procedures since 1993 may have had on the application of the national policy for the promotion of equality of opportunity and treatment in access to employment. The Committee therefore once again requests the Government to indicate the measures which have been taken or are envisaged to ensure the right of all jobseekers to have their applications for employment considered equitably, that is, without discrimination on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee welcomes the efforts made by the Government, following the civil war which tore the country apart in 1994, to establish a State based on the rule of law and to promote peace and reconciliation, as noted by the United Nations Commission on Human Rights in Resolution No. 1999/20 on the situation of human rights in Rwanda. The Committee takes this opportunity to request the Government to keep the Office informed of the results of the awareness campaign that it has launched to promote the rule of law, respect for human rights and national reconciliation.

2. The Committee notes the information provided by the Government on the objectives and the number of persons who have followed the rehabilitation programme that repatriated persons seeking employment or already employed are required to follow. However, it notes that the Government's report makes no reference to the issue of whether measures have been taken to ensure that there is no resulting discrimination in employment and occupation based on any of the seven grounds enumerated in the Convention. It would be grateful if the Government would provide the information requested and also if it would indicate whether the process of rehabilitation which it describes is an isolated event or whether it is a continuing process.

3. Since 1985, the Committee has been expressing its concern with regard to the attestation or certificate of good conduct, lifestyle and morals, which is issued by the communal authorities, and which is required for persons to obtain salaried employment and to apply for employment in the public service, although no legal provision or regulations establish the criteria on which this attestation (or certificate) is to be issued or refused. The Committee notes the Government's statement that the liberalization of the recruitment of labour in 1993, without amendment to the regulations which are in force, had the de facto result of rendering null and void the Presidential Order of 17 April 1978, which organized the placement of workers and the supervision of employment. It therefore also nullified a number of formalities prior to recruitment, including the requirement of a certificate of good conduct, lifestyle and morals. Since then, recruitment in the private sector has essentially been based on the vocational skills of the applicants. The Committee notes that, according to the Government, the coming into force of the new Labour Code will give a legal basis to the current situation and will automatically result in the repeal of the above Order. The Committee would therefore be grateful if the Government would keep it informed of the progress achieved in the adoption of the new Labour Code and if it would provide a copy of the definitive text.

4. Nevertheless, the Committee notes that the attestation of good conduct, lifestyle and morals is still required from applicants for employment in the public service (despite the absence of legal provisions or regulations establishing the criteria on which this attestation is to be issued or refused) under the terms of section 5 of the Legislative Decree of 19 March 1974 which established the general conditions of service of public officials and section 6 of the Presidential Order of 20 December 1976, which established the conditions of service of personnel in public establishments. In its report, the Government considers that there are no grounds for concern with regard to such a requirement since "its grant by the communal authority, according to the usual practice, requires the opinions of lower bodies which are close to the population". However, the Committee remains concerned. It considers that requesting the opinion of bodies close to the population is not a sufficient guarantee of the effective respect of the principles set forth in the Convention and cannot compensate for the lack of criteria on which these bodies are to base their opinions. The Committee therefore suggests that recourse should be had to information which is less subject to interpretation, such as the person's criminal record. So that it can gain an idea of the scope of the phenomenon, the Committee would be grateful if the Government would provide statistics on the number of cases in which communal authorities have refused to issue an attestation of good conduct, lifestyle and morals, and on the reasons given for such refusals, as well as the number of appeals made against any such refusals by the communal authorities, including copies of the decisions of the Council of State in such cases. The Committee notes that the general conditions of service of public officials is under examination and requests the Government to keep it informed of the progress made with the draft revision of the conditions of service in the public service and to provide it with a copy of the definitive text once it has been adopted.

5. The Committee notes that, following the liberalization of recruitment, the labour administration is no longer responsible for conducting the necessary investigations concerning persons "suspected of carrying out activities prejudicial to the security of the State" and that such investigations are now the responsibility of other state services. Since the Government has not provided information on this point, the Committee once again hopes that the Government's next report will indicate the measures which have been taken to ensure that a person cannot be refused employment for reasons related to the security of the State, except within the limits prescribed by Articles 1 and 2 of the Convention, and subject to the right of appeal set out in Article 4, and that it will provide copies of court decisions on this matter.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information contained in the Government's report in reply to its previous direct request, in particular that, since recruitment procedures have been liberalized following the implementation of the structural adjustment programme, the Presidential Order organizing the placement of workers and the supervision of employment is no longer applied.

2. Regarding the draft Labour Code, the Committee notes with interest that the new section 111 amends the former section 82 bringing it into line with the principle of equal remuneration set out in the Convention, namely that in future the comparison will go beyond "identical or similar" work to cover work of equal "value". The Committee observes that the current draft Code does not provide for specific sanctions for violations of the principle of equal remuneration between men and women for work of equal value. Nevertheless, new section 274(a) represents an improvement over former section 181 in that it stipulates that violations which are not punished with specific penalties will be subject to a fine of 5,000 francs and repeated offences will involve fines of 10,000 to 50,000 francs. Since the text has not yet been adopted, the Committee draws the Government's attention to the suggestion contained in the Committee's previous comments to the effect that it would be desirable, during the next revision of the labour legislation, to introduce specific sanctions for any violation by employers of the principles laid down in the Convention. Finally, the Committee asks the Government to inform it of the adoption of the draft Labour Code and to send a copy of the final text.

3. Noting the Government's commitment to ensure the implementation of the Presidential Circular warning employers who treat women in a discriminatory manner, particularly with regard to the payment of certain allowances, the Committee hopes that the Government's next report will contain information on the role played by the labour inspection services and by the courts in this regard. It would also like to have statistics on the violations of Order No. 221/09 of 3 May 1976 respecting occupational categories, the corresponding minimum wages and seniority allowances -- in so far as they relate to the application of the principle of equal remuneration between men and women -- and a copy of the wage scales applicable in the public service. While taking due note of the Government's statement that it does not possess the data requested by the Committee (distribution of men and women at the different levels of responsibility in the public service; average real earnings of men and women in the private sector by occupation, sector, seniority and skill level), but that it will endeavour to work on getting them, the Committee draws the Government's attention to the possibility available to it to call on the technical expertise of the Office in this domain, if it so wishes.

4. Finally, the Committee asks the Government to inform it of progress made with the job appraisal system in the public sector in the context of the administrative reform project, referred to in the Government's previous reports.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

In its previous comments, the Committee considered that, despite the comments which had been submitted by the ILO on the draft Bill, the draft amendments to the Act of 28 February 1967 issuing the Labour Code contains no provision to prohibit discrimination in employment on all of the seven grounds provided for in the Convention. The Committee takes due note of the Government's statement that the current draft text of the Labour Code eliminates any discrimination on the grounds of sex since sections 159 to 163 protect pregnant women and nursing mothers. The Committee, nevertheless, emphasizes that non-discrimination on the grounds of sex, as set out in the Convention, is not restricted only to distinctions, exclusions and preferences based on the biological characteristics and functions of women and, in this respect, refers the Government to paragraphs 35 to 40 of its 1996 Special Survey on equality in employment and occupation. The Committee also wishes to emphasize that, in addition to discrimination on the ground of sex, the Convention expressly prohibits discrimination in employment or occupation on six other grounds: race, colour, religion, political opinion, national extraction or social origin. The Committee would therefore be grateful if the Government could provide information on the measures taken to ensure the application in practice of the principle of non-discrimination in employment and occupation, as set out in the Convention and section 16 of the Constitution of Rwanda. The Committee also requests the Government to keep it informed of the progress achieved in the adoption of the new Labour Code.

As far as the situation facing disadvantaged ethnic groups and, in particular, the Batwa (Pygmies) are concerned, the Committee notes the Government's statement in which it envisages improving the situation of ethnic groups following an in-depth study of the question. The Committee, therefore, requests the Government to keep it informed of the conclusions and recommendations of this study. In the meantime, the Committee requests information, including statistics, on the situation of ethnic groups as regards access to vocational training, employment (public and private sectors) and the various occupations.

The Committee notes that the Presidential Order of 26 February 1993, by liberalizing the recruitment of workers, has invalidated the Presidential Order of 17 April 1978 respecting the organization and placement of workers and employment control. The Committee would be grateful if the Government could provide information on the effect of this new regulation on the application of its national policy to promote equality of opportunity and treatment in matters of recruitment, particularly in regard to eliminating all discrimination on the grounds of sex, race or national extraction and, where appropriate, copies of any decisions pronounced by the courts in respect of jobseekers who consider they have been victims of discrimination on one or several of the grounds prohibited by the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee is aware of the Government's efforts towards the economic and social reconstruction of the country, including the reintegration of the returnees. The Committee understands that the Government announced that returnees who wanted to seek employment would first have to pass through a one-month programme of re-education, and that returnees already employed had been told to leave their jobs until they had undergone this process. The Committee would be grateful if the Government would provide information on the re-education process, including the numbers of persons who have undergone the re-education, and the measures taken to ensure that it does not result in discrimination in employment and occupation on the basis of any of the grounds set out in the Convention.

2. With respect to the issuance, by the communal authorities, of a certificate of good conduct, lifestyle and morals and proof of loyalty to the authorities and national institutions required by jobseekers wishing to enter public service (in accordance with section 5 of the Legislative Decree of March 1974 issuing General Regulations for State Employees and section 6 of the Presidential Order of 20 December 1976 issuing Regulations for Personnel in Public Enterprises), the Committee notes that the new draft of the public service regulations which are intended to resolve the question of the criteria on which communal authorities may refuse or grant such certificates is still being examined. It therefore requests the Government to keep it informed of progress on the said draft text and to supply a copy of the definitive text once it has been adopted.

3. The Committee notes, on the other hand, that the Government's report makes no mention of the fact that the labour administration may request a certificate of good conduct, lifestyle and morals from jobseekers who are "justifiably suspected of, or engaged in, activities prejudicial to the security of the State", even though there are no legislative provisions or regulations which define the criteria on which communal authorities may refuse or issue such certificates. Therefore, the Committee reiterates that it would like the Government to indicate in its next report the measures taken to rectify this omission which could be open to abuse and, also, to ensure that a jobseeker may only be refused employment if justifiably suspected of, or engaged in, activities prejudicial to the security of the State within the limits of Articles 1 and 2 of the Convention and subject to the right to appeal as laid down in Article 4. In this respect, please refer to paragraphs 104 and 134-138 of the Committee's 1988 General Survey on equality in employment and profession.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information contained in the Government's report in reply to its previous direct request, in particular that, since recruitment procedures have been liberalized following the implementation of the structural adjustment programme, the Presidential Order organizing the placement of workers and the supervision of employment is no longer applied.

2. Regarding the draft Labour Code, the Committee notes with interest that the new section 111 amends the former section 82 bringing it into line with the principle of equal remuneration set out in the Convention, namely that in future the comparison will go beyond "identical or similar" work to cover work of equal "value". The Committee observes that the current draft Code does not provide for specific sanctions for violations of the principle of equal remuneration between men and women for work of equal value. Nevertheless, new section 274(a) represents an improvement over former section 181 in that it stipulates that violations which are not punished with specific penalties will be subject to a fine of 5,000 francs and repeated offences will involve fines of 10,000 to 50,000 francs. Since the text has not yet been adopted, the Committee draws the Government's attention to the suggestion contained in the Committee's previous comments to the effect that it would be desirable, during the next revision of the labour legislation, to introduce specific sanctions for any violation by employers of the principles laid down in the Convention. Finally, the Committee asks the Government to inform it of the adoption of the draft Labour Code and to send a copy of the final text.

3. Noting the Government's commitment to ensure the implementation of the Presidential Circular warning employers who treat women in a discriminatory manner, particularly with regard to the payment of certain allowances, the Committee hopes that the Government's next report will contain information on the role played by the labour inspection services and by the courts in this regard. It would also like to have statistics on the violations of Order No. 221/09 of 3 May 1976 respecting occupational categories, the corresponding minimum wages and seniority allowances -- in so far as they relate to the application of the principle of equal remuneration between men and women -- and a copy of the wage scales applicable in the public service. While taking due note of the Government's statement that it does not possess the data requested by the Committee (distribution of men and women at the different levels of responsibility in the public service; average real earnings of men and women in the private sector by occupation, sector, seniority and skill level), but that it will endeavour to work on getting them, the Committee draws the Government's attention to the possibility available to it to call on the technical expertise of the Office in this domain, if it so wishes.

4. Finally, the Committee asks the Government to inform it of progress made with the job appraisal system in the public sector in the context of the administrative reform project, referred to in the Government's previous reports.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows.

1. The Committee notes with interest that a Bill to revise the Labour Code, Act of 28 February 1967, has been prepared and sent to the Office for comments. It notes, however, that the draft text contains no provision prohibiting discrimination on all the grounds set out in the Convention. The Committee would be grateful if the Government would supply information on the measures taken, following the Office's advice, to include in the draft Code provisions ensuring the principle of non-discrimination in employment and occupation in line with the Convention, and on the progress made towards adoption of the new Code.

2. Referring to its previous comments concerning women and vulnerable ethnic groups, the Committee again asks the Government to supply information on the concrete measures taken or under consideration to promote equality of opportunity and treatment in employment and occupation and to eliminate any discrimination based on all the grounds listed in the Convention, including ethnicity and sex. It would like to receive information on the measures taken to promote the training and employment of women and vulnerable ethnic groups, particularly the Pygmies (Batwa), and on the results obtained discernible through statistics on the number of women and members of this ethnic group undergoing training, especially vocational and university training, and their access to public and private employment.

3. The Committee notes that, according to the report, the Presidential Order of 26 February 1993 to amend the Presidential Order of 17 April 1978 on the organization of workers' placement services and employment supervision, liberalizes the recruitment of national manpower and removes the obstacles of a legal and regulatory nature from employment mobility and flexibility, which had originated in the numerous formalities for recruitment under the former, above-mentioned Order. The Committee would like to receive information on the effect of this new regulation on the national policy to promote equality of opportunity and treatment and to eliminate any discrimination during the recruitment process which might be based on the criteria set out in the Convention, in particular race and sex. In particular, please supply details on the way in which placement services ensure the application of this policy, on the means of action available to them, and the means of redress open to those who use them and believe that they have suffered discrimination following the implementation of the new recruitment procedures.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its previous comments, the Committee had referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of the Presidential Order of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria the issuance by the communal authority to candidates of a certificate of good conduct, living and morals and loyalty to the authorities and national institutions. The Committee notes that the Government recalls the provisions of the above-mentioned Legislative Decree and indicates that there are no legislative or regulatory provisions that define the criteria on the basis of which the communal authority can base a refusal or a grant of these certificates. The Government recognizes that this lacuna could give rise to irregularities and points out that the new authorities in the country can find a solution in conformity with the Convention. With this in mind, a draft of new public service regulations has been prepared and is being examined by the Government. The Committee asks the Government to transmit, with its next report, information on the measures taken to bring its legislation and practice into conformity with the Convention, and on progress made towards the adoption of the new public service regulations which would amend section 5 of the above-mentioned Legislative Decree. The Committee again draws the Government's attention to the fact that, if by virtue of Article 1, paragraph 2, of the Convention, it is permissible to take account of political opinion for certain high-level posts directly involved in the implementation of government policy, the same does not apply when criteria relating to political opinion are applied to all public employment or certain other occupations. 2. Referring to its previous comments on the refusal of communal authorities to issue certificates of good conduct, living and morals, required by the labour administration of persons seeking employment who are suspected of activities prejudicial to the security of the State, without appropriate legislative or regulatory bases, the Committee hopes that the next report will indicate the measures taken and the results obtained in ensuring that no one can only be refused employment for reasons linked to the security of the State within the limits of Articles 1, paragraph 2, and 4, of the Convention and subject to the right of appeal in Article 4. Please refer in this connection to paragraphs 134 to 138 and 104 of the Committee's 1988 General Survey on equality in employment and occupation. 3. The Committee is addressing a request directly to the Government on other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information in the Government's report on the scope of Order No. 221/09 of 3 May 1976 respecting occupational categories, the corresponding minimum wages and seniority allowances. It notes that the non-observance of the provisions of this text, which are minimum provisions, results in sanctions. It requests the Government to provide in its next report the available statistics on the violations of this text that have been reported relating to the principle of equal remuneration for men and women workers embodied in the Convention.

2. With reference to its previous comments, the Committee requests the Government to provide the information that has already been requested on the following points:

(a) the progress made in the implementation of the plan to reform the labour legislation and the labour market in the context of the structural adjustment programme and in the application of the Presidential Order organizing the placement of workers and the supervision of employment;

(b) the measures envisaged in the context of the current reform of the labour legislation to bring section 82 of the Labour Code into conformity with Article 1(b) of the Convention, which provides that equal remuneration for men and women workers refers to "work of equal value";

(c) the measures that have been taken or are envisaged in the context of the reform of the labour legislation to envisage specific penalties for any infringement of the principle of equal remuneration for men and women workers for work of equal value;

(d) the practical impact of the Presidential Circular warning employers who treat women in a discriminatory manner, particularly with regard to the payment of certain allowances, and the role played in this respect by the labour inspection services and the courts;

(e) the wage scales applicable in the public service, with an indication of the distribution of men and women at the different levels, statistics on basic wage rates and average real earnings for men and women workers in the private sector, if possible, by occupation, sector, seniority and skill level, as well as on the corresponding percentage of women; and

(f) the progress made with the job appraisal system in the public sector in the context of the current administrative reform project.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that a draft Act relating to the national policy on vocational training will be submitted immediately to the competent authorities for adoption. It also notes that a National Training and Advance Training Centre will be operational in the near future and that, to date, vocational training has been organized sporadically as the need arises and with available means which are still limited. The Committee hopes that the Act relating to the national policy on vocational training will be adopted in the near future and that the Government will be able to send it the text. It would also be grateful if the Government would supply in its next report information on the number and types of vocational training carried out, on the results obtained and the percentage of women who participate in such training.

2. The Committee takes note of the 1992 statistics concerning the distribution of the active population by occupational category and sex, by branch of activity and sex, and by professional status and sex, for the private sector excluding agriculture and self-employment. Noting that only 105 out of 1,287 senior administrative managers are female and that the female economically active population is concentrated in agriculture and stock-raising, the Committee asks the Government to supply in its next report indications of the measures taken, in accordance with Article 3 of the Convention, to promote the national policy of non-discrimination in employment on the basis of sex. It also asks the Government to supply statistics of this nature showing the distribution of men and women throughout the different levels of the public service.

3. The Committee asks the Government to supply information in its next report on the measures taken or envisaged to ensure that persons belonging to the Tutsi and Batwa minorities do not suffer any discrimination and enjoy, in law and in practice, equality of opportunity and treatment in the fields covered by the Convention. In particular, it would like to receive information on:

(a) the situation of persons belonging to these minorities as regards access to education, vocational training and employment, together with relevant statistics; and

(b) any quota system having the effect of restricting access of members of these minorities to education, training and public service jobs.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest that a Bill to revise the Labour Code, Act of 28 February 1967, has been prepared and sent to the Office for comments. It notes, however, that the draft text contains no provision prohibiting discrimination on all the grounds set out in the Convention. The Committee would be grateful if the Government would supply information on the measures taken, following the Office's advice, to include in the draft Code provisions ensuring the principle of non-discrimination in employment and occupation in line with the Convention, and on the progress made towards adoption of the new Code.

2. Referring to its previous comments concerning women and vulnerable ethnic groups, the Committee again asks the Government to supply information on the concrete measures taken or under consideration to promote equality of opportunity and treatment in employment and occupation and to eliminate any discrimination based on all the grounds listed in the Convention, including ethnicity and sex. It would like to receive information on the measures taken to promote the training and employment of women and vulnerable ethnic groups, particularly the Pygmies (Batwa), and on the results obtained discernible through statistics on the number of women and members of this ethnic group undergoing training, especially vocational and university training, and their access to public and private employment.

3. The Committee notes that, according to the report, the Presidential Order of 26 February 1993 to amend the Presidential Order of 17 April 1978 on the organization of workers' placement services and employment supervision, liberalizes the recruitment of national manpower and removes the obstacles of a legal and regulatory nature from employment mobility and flexibility, which had originated in the numerous formalities for recruitment under the former, above-mentioned Order. The Committee would like to receive information on the effect of this new regulation on the national policy to promote equality of opportunity and treatment and to eliminate any discrimination during the recruitment process which might be based on the criteria set out in the Convention, in particular race and sex. In particular, please supply details on the way in which placement services ensure the application of this policy, on the means of action available to them, and the means of redress open to those who use them and believe that they have suffered discrimination following the implementation of the new recruitment procedures.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied in the Government's report. Aware of the situation in the country, the Committee nevertheless notes that the Government has not replied directly to the questions which it raised in its previous comments. However, certain of these points are covered in the examination made by the Government of its application of the Convention.

1. In its previous comments, the Committee had referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of the Presidential Order of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria the issuance by the communal authority to candidates of a certificate of good conduct, living and morals and loyalty to the authorities and national institutions. The Committee notes that the Government recalls the provisions of the above-mentioned Legislative Decree and indicates that there are no legislative or regulatory provisions that define the criteria on the basis of which the communal authority can base a refusal or a grant of these certificates. The Government recognizes that this lacuna could give rise to irregularities and points out that the new authorities in the country can find a solution in conformity with the Convention. With this in mind, a draft of new public service regulations has been prepared and is being examined by the Government. The Committee asks the Government to transmit, with its next report, information on the measures taken to bring its legislation and practice into conformity with the Convention, and on progress made towards the adoption of the new public service regulations which would amend section 5 of the above-mentioned Legislative Decree. The Committee again draws the Government's attention to the fact that, if by virtue of Article 1, paragraph 2, of the Convention, it is permissable to take account of political opinion for certain high-level posts directly involved in the implementation of government policy, the same does not apply when criteria relating to political opinion are applied to all public employment or certain other occupations.

2. Referring to its previous comments on the refusal of communal authorities to issue certificates of good conduct, living and morals, required by the labour administration of persons seeking employment who are suspected of activities prejudicial to the security of the State, without appropriate legislative or regulatory bases, the Committee hopes that the next report will indicate the measures taken and the results obtained in ensuring that no one can only be refused employment for reasons linked to the security of the State within the limits of Articles 1, paragraph 2, and 4, of the Convention and subject to the right of appeal in Article 4. Please refer in this connection to paragraphs 134 to 138 and 104 of the Committee's 1988 General Survey on equality in employment and occupation.

3. The Committee is addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It refers to its General Observation on this country and repeats its previous observation which read as follows:

1. In its previous comments, the Committee had noted that certificates of good conduct, living and morals are required by the labour administration before any person begins to work for wages and that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue these certificates without having to base its refusal on any provisions or procedures in this respect. The Committee notes that, according to the Government, the question has been submitted to the Ministry of the Interior and of Communal Development for examination and appropriate follow-up. It hopes that the next report will indicate the measures taken or envisaged as a result of this examination so as to ensure that a person may be refused employment only for reasons linked to the security of the State within the limits prescribed by Articles 1, paragraph 2, and 4 of the Convention, and subject to the right of appeal set out in Article 4. In this regard, the Committee recalls paragraphs 134 to 138 and 104 of its 1988 General Survey on Equality in Employment and Occupation, in particular, where it states: "the application of measures intended to protect the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise, there is a danger, and even likelihood, that such measures entail distinctions and exclusions based on political opinion or religion, which would be contrary to the Convention." 2. In its previous direct requests, the Committee had also referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of Presidential Order No. 227/01 of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria "good conduct, living and morals" and "loyalty to the authorities and national institutions". Noting the Government's reply that this proof of loyalty is treated in the same way as certificates of good conduct, living and morals, the issuance of which is at the discretion of the communal authority, the Committee refers back to its comments under point I of this observation. In addition, it observes that the requirement of "loyalty to the authorities and national institutions" should not be interpreted in practice in such a way as to justify any distinction, exclusion or preference based on political opinion as regards access to employment in the public service or in public enterprises. Indeed, while it is accepted under Article 1, paragraph 2, of the Convention that political opinion may be taken into account for certain senior posts directly related to the implementation of government policy, this is not the case when criteria of a political nature are laid down for all types of public employment in general or in certain other occupations, as for example, when it is stipulated that the persons concerned must formally declare themselves and show themselves faithful to the political principles of the regime in power. Consequently, the Committee trusts that the Government will supply in its next report information on the application in practice of the provisions referred to above and, in particular, on the number of cases and the type of employment where these provisions have been used. 3. The Committee requests the Government to refer also to the request it is addressing directly to the Government on the application of other aspects of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. In its previous comments, the Committee noted that, as part of the structural adjustment programme, reforms were planned in the private sector and that an administrative reform project was under way in the public sector with a view, inter alia, to developing a job evaluation system that would apply the principle of equal remuneration for men and women for work of equal value even if the work is of a different nature. It notes with interest from the report that the reform in the legislation and the labour market are still being implemented in the context of the structural adjustment programme and that the Government has already adopted a Presidential Order organizing the placement of workers and the supervision of employment as part of the reform. It asks the Government to continue to provide detailed information on the progress of the reform and, in particular, the arrangements made or envisaged in the context of the reform to set up an objective job evaluation system based on the work involved and to ensure the promotion or application of the principle of equal remuneration for men and women for work of equal value. Please refer in this connection to paragraphs 138 to 150 of the Committee's 1986 General Survey on Equal Remuneration in which it deals with objective job appraisals and their use in applying the principle of the Convention. It would also appreciate receiving copies of laws and regulations adopted in the context of the reform, including the Presidential Order organizing the placement of workers and the supervision of employment.

2. The Committee notes from the report that the classification of workers by occupational category, defined in the Ministerial Order of 3 May 1976, has not yet been amended but that a draft revision of the classification has already been proposed as part of the structural adjustment programme. The revised classification would replace the occupational classification produced by the public authorities which, in the future, would simply determine the minimum basic wage at recruitment for labourers, leaving the wages of the other occupational categories to be negotiated by the workers and employers. The Committee hopes that the revised text will guarantee observance of the principle of the Convention as regards both minimum wages and wages above the legal minimum and that, unlike the 1977 occupational classification which is still in force, it will reflect the positions of the social partners. In this connection, the Committee refers to its previous comments and asks the Government to indicate the measures taken and the results obtained as regards setting up structures for an employers' association and revitalizing the organization of workers and, in accordance with Article 4 of the Convention, the arrangements made for cooperation with the social partners in the implementation of the above-mentioned reforms and with a view to giving effect to the provisions of the Convention.

3. The Committee notes the Government's statement that, in practice, the equality of remuneration laid down in section 82 of the Labour Code (which provides that "for equal conditions of work, occupational qualifications and output, wages shall be equal for all workers regardless of their sex ...") is implemented by means of the wage scales fixed in enterprises. The Committee recalls that Article 1(b) of the Convention specifies that equal remuneration for men and women must be understood to be "for work of equal value", and asks the Government to indicate measures planned in the context of the current reform of the labour legislation, to bring section 82 into conformity with the Convention.

4. With reference to its previous comments, the Committee again asks the Government to provide information on the arrangements made or planned in the context of the current reform of the labour legislation to provide for specific penalties for any breach of the principle of equal remuneration for men and women for work of equal value.

5. The Committee notes with interest that by a circular addressed to employers, the Government has recently drawn their attention to the fact that certain enterprises are in breach of section 82 of the Labour Code and Article 1(a) of the Convention for having excluded women from the payment of certain allowances, including reimbursement for telephone, water and electricity bills. It asks the Government to provide information on the number of women workers affected and the enterprises concerned and to indicate the measures that these enterprises have taken as a result of the above circular to remedy the situation and, where they have failed to do so, the steps taken by the labour inspectorate and, if applicable, the competent courts to end such practices. The Committee would appreciate receiving copies of extracts of labour inspection reports and of court decisions concerning these cases and other instances of infringements of the Convention.

6. The Committee notes from the report that the figures it requested in its previous direct request are not available. It again expresses the hope that the Government will be able, with the cooperation of employers' and workers' organizations and enterprises, to collect and send with the next report recent statistical information enabling it to ascertain how the Convention is applied in practice, and particularly: (a) the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels; (b) statistics of the basic wage rates and the average earnings of men and women in the private sector, if possible broken down by occupation, branch of activity, seniority and level of qualifications, as well as the corresponding percentage of women.

7. With regard more particularly to the public administration, the Committee notes the Government's statement that basic wages in the public administration were fixed by the Presidential Order of 19 March 1974 and that the emoluments additional to the wage (bonuses, indemnities, allowances in kind, etc.) are granted to all workers without distinction as to sex under the various implementing texts, and particularly the ministerial instructions and decisions of 1 January 1977 and 6 April 1991 concerning, respectively, compensation for overtime and for occupational hazards. With reference to the information supplied by the Government in answer to the 1990 direct request, to the effect that a job appraisal system was being developed in the public sector as part of the administrative reform project, the Committee asks the Government to provide information on the progress of the reform and the steps taken or planned to ensure that the new texts resulting from the reform take account of the definition of remuneration in Article 1(a) of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's reply to its previous comments.

1. The Committee notes that a draft Act relating to the national policy on vocational training will be submitted immediately to the competent authorities for adoption. It also notes that a National Training and Advance Training Centre will be operational in the near future and that, to date, vocational training has been organized sporadically as the need arises and with available means which are still limited. The Committee hopes that the Act relating to the national policy on vocational training will be adopted in the near future and that the Government will be able to send it the text. It would also be grateful if the Government would supply in its next report information on the number and types of vocational training carried out, on the results obtained and the percentage of women who participate in such training.

2. The Committee takes note of the 1992 statistics concerning the distribution of the active population by occupational category and sex, by branch of activity and sex, and by professional status and sex, for the private sector excluding agriculture and self-employment. Noting that only 105 out of 1,287 senior administrative managers are female and that the female economically active population is concentrated in agriculture and stock-raising, the Committee asks the Government to supply in its next report indications of the measures taken, in accordance with Article 3 of the Convention, to promote the national policy of non-discrimination in employment on the basis of sex. It also asks the Government to supply statistics of this nature showing the distribution of men and women throughout the different levels of the public service.

3. The Committee asks the Government to supply information in its next report on the measures taken or envisaged to ensure that persons belonging to the Tutsi and Batwa minorities do not suffer any discrimination and enjoy, in law and in practice, equality of opportunity and treatment in the fields covered by the Convention. In particular, it would like to receive information on:

(a) the situation of persons belonging to these minorities as regards access to education, vocational training and employment, together with relevant statistics; and

(b) any quota system having the effect of restricting access of members of these minorities to education, training and public service jobs.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's reply to its previous observation.

1. In its previous comments, the Committee had noted that certificates of good conduct, living and morals are required by the labour administration before any person begins to work for wages and that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue these certificates without having to base its refusal on any provisions or procedures in this respect.

The Committee notes that, according to the Government, the question has been submitted to the Ministry of the Interior and of Communal Development for examination and appropriate follow-up. It hopes that the next report will indicate the measures taken or envisaged as a result of this examination so as to ensure that a person may be refused employment only for reasons linked to the security of the State within the limits prescribed by Articles 1, paragraph 2, and 4 of the Convention, and subject to the right of appeal set out in Article 4. In this regard, the Committee recalls paragraphs 134 to 138 and 104 of its 1988 General Survey on Equality in Employment and Occupation, in particular, where it states "the application of measures intended to protect the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise, there is a danger, and even likelihood, that such measures entail distinctions and exclusions based on political opinion or religion, which would be contrary to the Convention".

2. In its previous direct requests, the Committee had also referred to section 5 of the Legislative Decree of 19 March 1974 respecting General Regulations for State Employees and section 6 of Presidential Order No. 227/01 of 20 December 1976 respecting Regulations for Personnel of Public Enterprises, which include among recruitment criteria "good conduct, living and morals" and "loyalty to the authorities and national institutions".

Noting the Government's reply that this proof of loyalty is treated in the same way as certificates of good conduct, living and morals, the issuance of which is at the discretion of the communal authority, the Committee refers back to its comments under point I of this observation. In addition, it observes that the requirement of "loyalty to the authorities and national institutions" should not be interpreted in practice in such a way as to justify any distinction, exclusion or preference based on political opinion as regards access to employment in the public service or in public enterprises. Indeed, while it is accepted under Article 1, paragraph 2, of the Convention that political opinion may be taken into account for certain senior posts directly related to the implementation of government policy, this is not the case when criteria of a political nature are laid down for all types of public employment in general or in certain other occupations, as for example, when it is stipulated that the persons concerned must formally declare themselves and show themselves faithful to the political principles of the regime in power.

Consequently, the Committee trusts that the Government will supply in its next report information on the application in practice of the provisions referred to above and, in particular, on the number of cases and the type of employment where these provisions have been used.

3. The Committee requests the Government to refer also to the request it is addressing directly to the Government on the application of other aspects of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the Government's report and the information provided in response to the Committee's previous comments.

1. In its previous direct request, the Committee noted that the Government would henceforth make efforts to evaluate the job and not the worker in order to give effect to the principle of equal remuneration, particularly in the case of persons performing work of a different nature but of equal value. It notes that, under the Structural Adjustment Programme, reforms in the private sector are contemplated and an administrative reform project is in progress to develop a job evaluation system that will apply the principle of equal remuneration for men and women for work of equal value even if the work is of a different nature. The Committee asks the Government to keep it informed of any progress in that connection.

2. The Committee also noted previously that the classification of workers by occupational category, which dated from 1976, did not reflect the position of all the social partners owing to the situation in the country with regard to industrial relations. The Committee notes from the statement made by the Government in its report that the war situation prevailing in Rwanda has made it impossible to establish an association of employers and that the desirability of changing the classification in force will be examined later. The Committee points out that, according to the information given in the Government's reports, the present categories have been determined by the public authorities on the basis of practical considerations and their effects on the level of skill and occupational efficiency, discarding any classification by paper qualifications. The Committee hopes that the Government will be in a position to supply in its next report exact information on developments in the situation.

3. The Committee points out that section 82 of the Labour Code provides that "under equal conditions as to work, vocational skill and efficiency, wages shall be equal for all workers irrespective of sex". The Committee draws the Government's attention to the wording of Article 1, subparagraph (b), of the Convention, which specifies that equal remuneration for men and women means "for work of equal value". Referring to its General Survey of 1986 on equal remuneration, and in particular to paragraphs 19 to 21 and 44 to 65, and pointing out that it has no information from which to assess how the principle of equal remuneration laid down in section 82 of the Labour Code is applied in practice (in particular with regard to wages above the legal minimum), the Committee asks the Government to take measures to bring section 82 into harmony with the terms of the Convention.

4. Furthermore, the Committee noted previously that the labour administration made use of section 181 of the Labour Code to penalise employers who contravened the principle of equal wages laid down in section 82 because no specific penalty for non-compliance with section 82 was prescribed by the Code. The Committee therefore asks the Government to take measures for the prescription by law of specific penalties for any breach by employers of the principle of equal remuneration for men and women.

5. The Committee would be grateful if the Government would supply information on the measures taken to supervise the application of the provisions of law concerning equal wages, and in particular the activities of the labour inspectorate (violations detected, penalties imposed), and also on the decisions of the courts on the subject.

6. The Committee also asks the Government to supply the following information with its next report: (a) figures showing the distribution of men and women at different levels of the central administration; and (b) statistics on wage rates and the average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women.

7. In its previous comments, the Committee noted that the wage table for the central administration appeared to mention only basic wages. The Committee points out that Article 1, subparagraph (a), of the Convention specifies that the term "remuneration" includes all the elements that are added to wages (premiums, allowances, emoluments in kind, etc.). The Committee again asks the Government to supply precise indications as to how elements of remuneration other than the basic wage or salary are accorded.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in reply to its previous comments and also refers to its observation on the present Convention.

1. The Government indicates that the information requested on the analysis of the employment market and on vocational training and guidance is not yet available. The Committee again requests the Government in its next report to supply information on any studies which may have been conducted which would shed light on the application of the Convention (for example, statistical information concerning different categories of persons placed in employment or in programmes of vocational training and guidance).

2. The Committee notes that the recruitment procedure falling within the purview of the competent Ministry concerns only the personnel referred to in the Labour Code and asks the Government to refer also to point 3 below in this connection. The Committee also notes that the competent Ministry has liberalised the recruitment of category I personnel (labourers) and plans to do the same for categories VI and VII (middle and top management staff). It asks the Government to provide information on this matter in its next report.

3. The Committee recalls its previous comments on measures taken to ensure the effective application of the constitutional provisions prohibiting all discrimination against workers who are not covered by the relevant provisions of the Labour Code, i.e. agricultural wage earners, persons appointed under the civil service rules and persons in the liberal professions and trade. The Committee pointed out that provisions in national Constitutions prohibiting discrimination are in many cases insufficient to apply in practice the requirements of the Convention, in particular as concerns the right to appeal of workers affected by discrimination, and the designation of the authorities competent to act on these problems (see paragraphs 170 and 171 of the 1988 General Survey on Equality in Employment and Occupation). The Committee notes the Government's statement that the technical department has taken note of these comments and will pass them on immediately to the competent bodies. It therefore requests the Government to indicate in its next report the measures taken or envisaged to protect these workers in practice against discrimination in employment and occupation.

4. The Committee again refers to its observation concerning the issuance of certificates of good conduct, living and morals. It must again repeat its request to the Government to indicate how effect is given in practice to section 5 of the Legislative Decree of 19 March 1974 containing the general conditions of service of persons employed by the State and section 6 of Presidential Order No. 227/01 of 26 December 1976 containing the conditions of service of the staff of public establishments, as well as the cases in which they have been applied. These provisions include among the requirements for recruitment, in addition to good conduct, life and morals, "loyalty towards the authorities and institutions of the nation".

5. The Committee takes note of Basic Law No. 1/1985 of 25 January 1985 respecting national education, which was enclosed with the report. As regards the practical implementation of Circular Letter No. 1848/06.18/22/83 of the Ministry of Public Service and Employment concerning the engagement of female staff, the Committee notes from the Government's report that the information is not available but that the technical services have registered no further cases of discrimination on grounds of sex. The Committee requests the Government to indicate any further developments in this respect in its future reports.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's report.

1. With reference to its previous comments, the Committee notes with satisfaction Act No. 42/1988 of 27 October 1988 setting forth the Preliminary Title and Book One of the Civil Code, section 458 of which repeals former section 122 (authorisation of the husband for all acts for which she contracts to provide a personal service) which was the subject of the Committee's comments.

2. The Committee notes that the Government's report does not reply to the other questions raised in its previous comments which read as follows:

The Committee had also noted that certificates of good conduct, living and morals, are required by the labour administration before any person begins to work for wages. It noted that these certificates are issued by the communal authority, and requested the Government to provide information on the provisions governing their issuance. It noted further that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue the certificate. In its report, the Government has indicated that the issuance of these certificates is within the discretion of the Bourgmestre of the commune of origin; it thus appears that there are no provisions or procedures governing the issuance of these certificates. The Committee therefore requests the Government to indicate in its next report the measures which it intends to take to ensure that no discrimination contrary to the Convention is practised on the community level in the issuance of these certificates.

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

The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report.

1. It notes that the classification of occupational categories, which dates from 1976, does not reflect the position of all the social partners, and particularly of workers' trade unions, which did not exist at the time. The Committee, however, notes the information that the workers are represented by the Workers' Central Trade Union, which is now in operation, and that the employers' association is being reorganised. The Committee also notes with interest the statement that the Government will henceforth make efforts to evaluate the job and not the worker in order to give effect to the principle of equal remuneration, particularly in the case of persons performing work of a different nature but of equal value. It requests the Government to indicate whether there will be a revision of the classification, even if only partial, after the reorganisation of the employers' association, and to define the future procedures for co-operation between the Government and representative organisations, in accordance with Article 4, in order to give effect to the Convention.

2. The Committee requests the Government to indicate the criteria used for evaluations and to give examples of jobs that have been evaluated in this way, particularly for occupations with a large proportion of women workers. It also requests the Government to provide details of the methods and criteria employed to appraise jobs when the method used is to evaluate work content by simple observation, as stated in the previous report.

3. The Committee notes that the labour administration makes use of section 181 of the Labour Code to penalise employers who contravene the provisions of section 82, which does not set out specific sanctions for its non-observance. The Committee requests the Government to supply a copy of the administrative, judicial or other procedures that have been used or decisions that have been taken under the terms of section 181, as concerns violations of the prohibition of discrimination in employment. It also suggests that on the occasion of the next revision of the labour legislation it would be desirable to amend it so as to incorporate sanctions for the violation of section 82.

4. The Committee notes the Government's statement that the principle of equal remuneration for men and women workers, as regards the payment of additional emoluments other than the basic wage, is guaranteed by the fact that employers grant these emoluments according to the occupational category. Nevertheless, the Committee noted in its previous comments that the wage table applicable to the central administration appears to mention only basic wages. The Committee refers once again to Article 1(a) of the Convention and requests the Government to indicate how the principle set forth in the Convention is applied to additional emoluments other than the basic wage.

5. Finally, the Committee notes that no collective agreements have yet been concluded. It requests the Government to inform it of the situation in this respect in its next report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information communicated by the Government in its report, and refers to the observation it has made on this Convention.

1. The Committee notes that the government department responsible for vocational training and for supervision of employment and conditions of work, carries out studies of the employment market and on vocational training and guidance. It requests the Government to communicate with its next report information on any such studies which may have been done which would shed light on the application of the present Convention (for instance, statistical information concerning different categories of persons placed in employment or in programmes of vocational training and guidance).

2. The Committee also notes the adoption of a procedure for recruitment of staff, according to which all offers of employment are forwarded to the Minister, who then communicates them to the prospective employee. It requests the Government to indicate whether this procedure applies to all employment in all sectors of the economy (including those not covered by the Labour Code - see below), and to communicate the texts regulating this procedure. Please indicate any effect this may have had on applying the principle of non-discrimination in employment and occupation.

3. The Committee recalls that in its previous comments, it asked for information on the measures taken to ensure that the constitutional provisions prohibiting discrimination are applied to agricultural wage earners, persons appointed under the civil service rules and persons in the liberal professions and trade, who are not covered by the Labour Code. The Committee notes the statement in the report that the protection of these persons is implicit in the Constitution's prohibition of all forms of discrimination. The Committee points out, however, that provisions in national Constitutions prohibiting discrimination are in many cases insufficient to apply in practice the requirements of the present Convention, in particular as concerns the right to appeal of workers affected by discrimination, and the designation of the authorities competent to act on these problems (see paragraph 171 of the 1988 General Survey on Equality in Employment and Occupation). It therefore requests the Government to indicate in its next report any measures which have been taken or are contemplated to protect these workers in practice against discrimination in employment and occupation.

4. The Committee refers to its observation concerning the issuance of certificates of good conduct, living and morals. In the same connection, the Committee again requests the Government to indicate how effect is given in practice to section 5 of the Legislative Decree of 19 March 1974 containing the general conditions of service of persons employed by the State, and section 6 of Presidential Order No. 227/01 of 26 December 1976 containing the conditions of service of the staff of public establishments. These provisions include, among the requirements for recruitment, "loyalty towards the authorities and institutions of the nation". Please indicate in particular the number of cases in which these provisions have been invoked.

5. The Committee requests the Government to provide information in its next report on the practical implementation of Circular Letter No. 1848/06.18/22/83 of the Minister of Public Service and Employment concerning the engagement of female staff, to which it has referred previously; and to communicate a copy of the Act on National Education (Act No. 1 of 1985), which was not included with the last report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous direct request, the Committee had noted that section 122 of the Civil Code requires a married woman to obtain the authorisation of her husband for any legal instrument under which she must furnish a service in person. It pointed out that this constitutes a violation of the Convention through imposing restrictions on the employment of women which do not exist for men. The Government has stated in its report that there has been no change in the legislation in this respect. The Committee recalls that Article 3 (c) of the Convention requires ratifying States to "repeal any statutory provisions ... which are inconsistent with the policy" embodied in the Convention. It therefore again requests the Government to indicate in its next report the measures which it has taken or is contemplating to bring the national legislation into conformity with the Convention on this point.

The Committee had also noted that certificates of good conduct, living and morals, are required by the labour administration before any person begins to work for wages. It noted that these certificates are issued by the communal authority, and requested the Government to provide information on the provisions governing their issuance. It noted further that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue the certificate. In its report the Government has indicated that the issuance of these certificates is within the discretion of the Bourgmestre of the commune of origin; it thus appears that there are no provisions or procedures governing the issuance of these certificates. The Committee therefore requests the Government to indicate in its next report the measures which it intends to take to ensure that no discrimination contrary to the Convention is practised on the community level in the issuance of these certificates.The Committee is also raising certain points in a request addressed directly to the Government.