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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Rwanda (Ratification: 1988)

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Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comment the Committee regretted that Law No. 017/2020 establishing the General Statute governing public servants did not include provisions recognizing the right to strike of public servants. The Committee notes with regret that the Government merely indicates that such right is protected under article 33 of the Constitution, whereas the latter indicates that it is exercised within the limits provided for by the law. The Committee expects the Government to take the necessary measures for the recognition of the right to strike of public servants, with the possible exclusion of those exercising authority in the name of the State. The Committee requests the Government to provide information on any progress made in this regard.
The Committee notes that Ministerial Order No. 4 of 13 July 2010 was replaced by Ministerial Order No. 004/19.20 of 17 March 2020, determining and specifying the essential services that must not be interrupted during a strike or lockout (articles 2, 3 and 4). The Committee notes that many services listed in the new Ministerial Order cannot be considered as essential services in the strict sense of the term, or are defined too broadly, which has the effect of imposing overly restrictive conditions on the exercise of the right to strike (e.g. business services and activities related to the purchase of basic food stuffs; services and activities related to the collection and transport of waste; radio and television; transportation; activities carried out at airports (not connected to air traffic control); education services). The Committee regrets that this revision did not address the issue of essential services as per its previous comments. The Committee therefore reiterates that the right to strike may only be restricted or prohibited in essential services in the strict sense of the term (namely, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), in the public service only for public servants exercising authority in the name of the State, or in situations of acute national crisis. The Committee requests the Government to take necessary measures to amend Ministerial Order No. 004/19.20 in line with the above and reminds the Government that it may avail itself of the technical assistance of the Office in this regard.
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