In May this year, Rwanda ratified the ILO Convention on Violence and Harassment, which recognises the right of everyone to a world of work free from violence and aggravation, including gender-based violence and harassment.

Rwanda will now have to monitor and enforce national laws and regulations regarding violence and harassment in the workplace; ensure easy access to appropriate and effective remedies and safe, fair, and effective reporting procedures, protect the privacy of those individuals involved, and provide support services, among others.

In this Q&A, Fabien Mberabagabo, the Legal and Regulatory Framework Development Analyst at the Ministry of Public Service and Labour (MIFOTRA), explains how this convention will be implemented and how sexual violence in the workplace is currently being handled.

Excerpts:

How does the Ministry plan to implement the ILO Convention on Violence and Harassment?

Rwanda as a Member of the International Labour Organization (ILO) since 1962 up to date has ratified various conventions in the field of employment and labour. Specifically, the ratification of the convention n° 190 on Violence through the Presidential Order Nº 031/01 of 26/05/2023 on Violence and Harassment aims to improve working conditions, address global issues of violence and harassment in the world of work, foster an environment based on dignity, respect and that is free from violence and harassment.

In addition, this convention seeks to reinforce the importance of feeling safe at work and having the right to feel safe at work. This is a significant and positive step forward for employees in having more respectful and inclusive working environments.

To effectively implement the convention, the Ministry of Public Service and Labour in collaboration with other relevant institutions and various stakeholders is planning to:

- Ensure that employers have established comprehensive workplace policies on violence and harassment, as mandated by the convention. Labour inspection will play a crucial role in monitoring and enforcing compliance.

- Monitor and enforce national laws and regulations related to the fight against violence and harassment.

- Put in place appropriate and effective mechanisms to provide support to victims of violence and harassment. The Ministry in collaboration with other institutions will work towards strengthening existing remedies and reporting and disputing resolution mechanisms.

- Organise training programmes and awareness campaigns for employers and employees, focusing on strategies to prevent and address violence and harassment.

- Prevent, investigate, and prosecute perpetrators of violence and harassment, provide protection and redress to victims and eradicate impunity.

Several companies have anti-sexual harassment policies in place already, but government institutions don’t. How has your Ministry been protecting civil servants from harassment and violence in the workplace?

The Government of Rwanda has put in place the National Policy against Gender-Based Violence, the Law on the Prevention and Punishment of Gender-Based Violence (GBV), the Institutional Framework and other relevant laws that prohibit and punish violence and sexual abuses.

In addition, the Presidential order n° 021/01 of 24/02/2021 determining professional ethics for public servants prohibits any form of violence and states that whoever commits it is punished by dismissal, besides criminal proceedings by competent authorities.

Moreover, in order to strengthen existing frameworks, we have to make sure that there are also internal policies against violence and harassment both in public and private institutions as provided for by the convention.

Are there cases of misconduct related to sexual harassment that you have handled?

Given that sexual harassment is a criminal case, depending on their nature, most of them are referred to Rwanda Investigation Bureau (RIB).

What does ratification mean in Rwanda’s employment sector?

The ratification of the convention on violence and harassment in Rwanda’s employment sector holds a significant meaning. It demonstrates Rwanda’s commitment to promoting decent work, which encompasses not only employment opportunities but also the stability, security, and safety of the workplace.

Noting that violence and harassment are incompatible with organisations’ growth as they affect negatively workplace relations, workers’ engagement, organizations’ reputation and productivity, the ratification of the convention with accompanying measures of its enforcement will spill over to increase productivity.

By ratifying this convention, Rwanda acknowledges that violence and harassment in the world of work are human rights violations and a hindrance to equal opportunities. It emphasises the importance of creating a safe and secure working environment for all employees, ensuring that they are free from any form of violence or harassment.

Rwanda has already established various policies, laws, strategies, and institutional frameworks aimed at preventing and addressing violence and harassment in the workplace. Therefore, the ratification of this convention further strengthens these efforts, reinforcing the country’s dedication to protecting the rights and well-being of its workforce.

Are people in the informal sector going to benefit from this?

Yes, it will apply to all sectors of activities. The convention protects workers and other persons in the world of work, including employees as defined by legislation and practice, as well as persons working irrespective of their contractual status, persons in training, including interns and apprentices, workers whose employment has been terminated, volunteers, job seekers and job applicants, and individuals exercising the authority, duties or responsibilities of an employer.

This convention applies to all sectors, whether private or public, both in the formal and informal economy, and whether in urban or rural areas.

Is there any other comment on the convention in the Rwandan context?

As violence and harassment are unacceptable behaviours and practices, we have to remind the public that these acts are threats and result in physical, psychological, sexual or economic harm and are prohibited and punished by laws.

Rwanda, as a country committed to upholding the rule of law, urges both employers and employees across all sectors to actively avoid engaging in these criminal cases, recognising that they hinder the country’s economic development journey.