By Jordi-Michel MUSONI ITCILO Course A9-08457 Trade Union Strategies on the use of ILS in labor Law reforms RWANDA REPORT– Trade Union for Energy, Water and Sanitation Workers in Rwanda-SYPELGAZ By Jordi-Michel MUSONI Legal Representative Turin-Italy, July 2016

Outline Introduction Trade Union structure Major National labor law instruments Main labor issues at stake Gaps Challenges in implementing ILS Specific examples of violations (Sypelgaz case) Trade union training programmes Conclusion

Introduction Rwanda is a land locked country located in Central East Africa, superficies of 26.338km2 with a population around 12million. DRC in West, Uganda in North, Tanzania in East and Burundi in South Economy is mainly based on agriculture, tourism, mining and services. The economy is developing very fast because of many reforms in WB-Doing Business for attracting investors. (see RDB.RW) 51.8% are female and Rwanda is the first country in the World having a big number of women in Parliament (63.8%). The population is young with over 40% youths and mostly un employed and uneducated

Intro- ctn Official statistics show unemployment around 3.4% but reality its more than this (problem of definition). Rwanda has been ravaged by genocide of Tutsi 1994 and the consequences are still a burden for the country Even if there are many programs of Poverty eradication, still around 40% live under the level of poverty. Rwanda ratified 28 ILO Conventions among them all 8 ILO core conventions Workers Union rate is less than 10% but active unionists cannot exceed 2% The strike is allowed only for Private sector but practically is very difficult. It is the reason why no strike registered.

Trade Union Structure SYPELGAZ was formed in 2007 and registered in June 2015. The only Public sector Union registered in Rwanda SYPELGAZ is affiliated to CESTRAR and PSI SYPELGAZ has 900 active membership which constitute 40% of potential members both in private and public sectors 90% women representation at national level leadership 35% female representation of membership The leadership is composed by Executive Committee and Audit Committee, Regional representatives and all reporting to the Congress SYPELGAZ has not yet a permanent secretariat SYPELGAZ is victim of serious reforms in energy and water sector of august 2015. 6 Leaders dismissed, 70% members laid off and the remaining refused to participate in Union activities. Now since 8/2015 activities are paralyzed. No CBA in public service and even in private sector they are less than 5 countrywide

Major National labor law instruments All 8 ILO core conventions ratified and not all domesticated into national laws Employment Policy Labor Law for private sector workers (Appeal to labor inspectors) General Statute for Public service (Appeal to Public Service Commission) Many Presidential and Ministerial orders completing those main labor law instruments

Main labor issues at stake Collective Bargaining practicability is a problem generally for public sector but also for private sector Long process/delays of dispute resolution/settlement and No labor courts. Labor complaints are sent to Administrative Courts Imbalance in power of parties in industrial relationship (employees vs employers) No Minimum wage in Rwanda Political/economical situations affect labor rights Weak enforcement mechanisms from Government (Govt. many times favors employers) Intimidation and threatening workers representatives OSH at workplace is still a serious issue

Gaps Inequality in remuneration (salary structures are tailored in favor of leaders) Workers in Informal sector not protected by labor laws Public workers ILO C 151 not yet ratified and their Trade Union rights are not guaranteed Social dialogue and collective bargaining mechanisms in public workers are problematic Different mindset towards workers rights. Employers on high extreme to refuse them and workers on high extreme to accept it like that because of the fear to lose jobs.

Challenges in implementing ILS Effects of Genocide against Tutsi 1994 Inappropriate enforcement mechanisms from the Government Employers’ resistance to Trade Unions establishment and operations Very weak Trade Unions (weak bargaining power) The historical background of Trade Unionism in Rwanda affects Unionism in Rwanda Weak conflict resolution spirit and mechanism (case SYPELGAZ) IMF, WB pressurizes Govt. for Institutional reforms (Privatization, PPP…)

Specific examples of Violations (SYPELGAZ case) SYPELGAZ’ leadership and 700 members dismissal in the last reform of EWSA (Energy, Water and Sanitation Authority)August 2015 False allegations against Trade Union leaders SYPELGAZ’s right to organize workers and receive contributions which makes it inactive Workers in Energy and Water (former EWSA) were denied their rights like new salary adjustment of 2013, performance appraisal annual increment, benefit for workers in interim positions

Trade Union Programmes SYPELGAZ conducts trainings on Labor rights. Capacity building programs for organizing, mobilizing, negotiations skills, OSH… Leadership trainings for lobbying and advocacy

conclusions There is a remarkable improvement in Trade Unionism especially in Public Sector but still there is a long way to go. Trade Unions’ solidarity needs to be visible and all workers around the world through networks speak one voice Need for strong and adequate ILO Strategies to continuing pressurize Governments/Employers to observe workers’ rights There is always hope for improvement. It will be possible only whenever workers bargaining power will increase to the level of making valuable contributions.