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Association for Progressive Communications (APC)
and International Development Research Centre (IDRC)
Global Information Society Watch
2016 Report
www.GISWatch.org
GlobalInformationSocietyWatch2016
Global Information
Society Watch 2016
Economic, social and cultural rights
and the internet
Economic, social and cultural rights
and the internet
The 45 country reports gathered here illustrate the link between the internet and
economic, social and cultural rights (ESCRs). Some of the topics will be familiar
to information and communications technology for development (ICT4D) activists:
the right to health, education and culture; the socioeconomic empowerment of
women using the internet; the inclusion of rural and indigenous communities in
the information society; and the use of ICT to combat the marginalisation of local
languages. Others deal with relatively new areas of exploration,such as using 3D
printing technology to preserve cultural heritage,creating participatory community
networks to capture an “inventory of things” that enables socioeconomic rights,
crowdfunding rights, or the negative impact of algorithms on calculating social
benefits. Workers’ rights receive some attention, as does the use of the internet
during natural disasters.
Ten thematic reports frame the country reports.These deal both with overarching
concerns when it comes to ESCRs and the internet – such as institutional frame-
works and policy considerations – as well as more specific issues that impact
on our rights: the legal justification for online education resources, the plight
of migrant domestic workers, the use of digital databases to protect traditional
knowledge from biopiracy, digital archiving, and the impact of multilateral trade
deals on the international human rights framework.
The reports highlight the institutional and country-level possibilities and chal-
lenges that civil society faces in using the internet to enable ESCRs. They also
suggest that in a number of instances, individuals, groups and communities are
using the internet to enact their socioeconomic and cultural rights in the face of
disinterest, inaction or censure by the state.
GlobalInformationSocietyWatch2016
GISW
atch
10th
Edition
International Development Research Centre
Centre de recherches pour le développement international
Global Information Society Watch
2016
International Development Research Centre
Centre de recherches pour le développement international
Global Information Society Watch 2016
Economic, social and cultural rights and the internet
Coordinating committee
Anriette Esterhuysen (APC)
Valeria Betancourt (APC)
Flavia Fascendini (APC)
Karen Banks (APC)
Project coordinator
Roxana Bassi (APC)
Editor
Alan Finlay
Assistant editor, publication production
Lori Nordstrom (APC)
Proofreading
Valerie Dee
Lori Nordstrom
Graphic design
Monocromo
info@monocromo.com.uy
Phone: +598 2400 1685
Cover illustration
Matías Bervejillo
	
This work was carried out with the aid of a grant from the International
Development Research Centre (IDRC), Ottawa, Canada, as part of the APC
project “A rights based approach to internet policy and governance for the
advancement of economic, social and cultural rights”.
More information at: https://www.apc.org/en/projects/
internet-rights-are-economic-social-cultural-rights
APC would like to thank the Swedish International Development Coopera-
tion Agency (Sida) for its support for Global Information Society Watch 2016.
Published by APC and IDRC
2016
Printed in USA
Creative Commons Attribution 4.0 International (CC BY 4.0)
https://creativecommons.org/licenses/by/4.0/
Some rights reserved.
Global Information Society Watch 2016 web and e-book
ISBN 978-92-95102-70-5 	
APC-201611-CIPP-R-EN-DIGITAL-260
International Development Research Centre
Centre de recherches pour le développement international
International Development Research Centre
Centre de recherches pour le développement international
198 / Global Information Society Watch
Emmanuel Habumuremyi and Sylvere Ntirampeba
www.linkedin.com/in/emmanuel-habumuremyi-
b808861a?trk=hp-identity-name
Introduction
The internet is enabling the right to work in Rwanda
– although there is still some way to go. In particu-
lar, it is being used as a platform allowing citizens to
access information on job opportunities, personal
work records, and policies and procedures in the
workplace. With regards to the latter, civil servants
see the state leading the way in terms of creating
awareness of workers’ rights.
In 2000, Rwanda set the goal of becoming a
knowledge-based economy and committed to posi-
tioning itself as a globally competitive, diversified
and balanced economy that is driven by informa-
tion, knowledge and skills.1
To achieve the goal,
Rwanda’s priorities were to build human capacity,
establish institutional and legal frameworks and de-
velop the relevant communications infrastructure.
In 2014, when he was closing the Smart Rwanda
Days2
event, the president of Rwanda declared that
the internet is needed as a public utility as much as
water and electricity.3
Since then, the roll-out of fibre optic cable has
resulted in most central and local government insti-
tutions being connected to high-speed broadband.4
To deal with “last mile” challenges, the roll-out of
4G LTE, which started in 2015, has reached more
than 26 of the 30 district headquarters in Rwanda
and is expected to cover up to 95% of the country
by 2017.5
By July 2016, the number of active mobile
phone subscribers had increased to 9,025,516 or
80% of the population, up from 70% in December
2014.6
Internet penetration in the country was at
1	 MYICT. (2001). An Integrated ICT-led Socio-Economic Development
Policy and Plan for Rwanda 2001-2005. www.myict.gov.rw/
fileadmin/Documents/Rwanda_ICT_Policy_NICI_2005.pdf
2	 www.smartrwandadays.rw
3	 smartrwandadays.rw/spip.php?article27
4	 MYICT. (2016). ICT Sector Profile - 2015. www.myict.gov.rw/fileadmin/
Documents/ICT_Sector_Profile_2015/ICT_Sector_Profile_2015.pdf
5	 ktrn.rw/4g-lte-coverage-map.html
6	 RURA. (2016). Active mobile telephone subscriptions as of
June 2016. www.rura.rw/fileadmin/docs/Monthly_telecom_
subscribers_of_July_2016.pdf
33% by July 2016.7
An initiative that provides free
Wi-Fi in public transport was launched in February
2016 with 487 buses being connected.8
This com-
plements other existing free Wi-Fi access points
offered in, for example, public spaces, hotels, res-
taurants and shopping centres.
Through interviews and an analysis of media re-
ports, this report offers a preliminary assessment
of the contribution that the internet makes to the
improvement of working conditions in the public,
private and civil society sectors in Rwanda.
Political, economic and policy context
Rwanda ratified the ICESCR on 16 April 1975.9
As far
as workplace rights are concerned, Articles 6, 7 and
8 of the covenant are relevant, while Article 9, which
deals with social security, is by implication worth
considering.
In addition to this, the National Commission for
Human Rights10
in Rwanda lists a number of legal
instruments as relevant when talking about em-
ployees’ rights. These include the African Charter
on Human and Peoples’ Rights11
of 27 June 1981 as
ratified by Law No. 10/1983 of 17 May 1983. Its ar-
ticle 15 stipulates that every individual shall have
the right to employment under equitable and sat-
isfactory conditions, and shall receive equal pay
for equal work. Law No. 13/2009 of 27 May 2009
regulating labour in Rwanda stipulates workers’
obligations and rights and determines working con-
ditions. Public servants are governed by Law No.
86/2013 of 11 September 2013 establishing the gen-
eral conditions for public service. Law No. 05/2015
of 30 March 2015 governs pension schemes and
provides for workers’ rights relating to pensions.
Law No. 03/2015 of 2 March 2015 governs the or-
ganisation of community-based health insurance
7	 RURA. (2016). Statistics and tariff information in telecom, media
and postal service as of the second quarter 2016. www.rura.rw/
fileadmin/docs/Monthly_telecom_subscribers_of_August_2016.pdf
8	 Bizimungu, J. (2016, 20 February). Smart Kigali: 400 buses
connected to 4G Internet. New Times. www.newtimes.co.rw/
section/article/2016-02-20/197264
9	 hrlibrary.umn.edu/research/ratification-rwanda.html
10	 www.cndp.org.rw/index.php?id=188
11	 www.humanrights.se/wp-content/uploads/2012/01/African-
Charter-on-Human-and-Peoples-Rights.pdf
The internet as an enabler of employee rights
rwanda
keywords: labour, internet, worker’s right
rwanda / 199
schemes and provides for the rights relating to
healthcare matters.12
In article 27 of Rwanda’s constitution (2003, re-
vised in 2015),13
the right of equal access to public
services for all Rwandans is stipulated. The same
constitution provides for the right to employment.
This right includes the right to non-discrimination
at work, the right to join trade unions, the employ-
ees’ right to strike, and the right to a safe and clean
working environment.
The Smart Rwanda 2020 Master Plan (SRMP),14
approved by the government on 3 November 2015,
has a particular focus on digitising the economy
through:
•	 Government digital transformation: A 24-hour
self-service government, driven by a cashless
and paperless economy.
•	 Broadband for all to be realised through a 4G
roll-out programme and widespread smart de-
vice penetration.
•	 Digital literacy for all to transform Rwanda into
a digitally literate nation, targeting all sectors,
including local communities and civil servants.
As for the right to free choice of employment, article
30 of the constitution states that everyone has the
right to free choice of employment and without any
form of discrimination, and that everyone has the
right to equal pay for equal work.15
The General Statutes for Public Service,16
under
articles 48, 50, 77 and 123, state that public serv-
ants shall enjoy the same rights and freedoms as
other citizens, the right of access to their personal
administrative files, and the right to retirement. The
government has an obligation to ensure protection
of its employees against accidents and illnesses
related to their profession. The employer is re-
quired to provide for the professional training of its
workers.17
12	 National Commission for Human Rights. (2015). Annual Activity
Report, July 2014–June 2015. www.cndp.org.rw/fileadmin/user_
upload/Annual_Report_2014-2015.pdf
13	 www.minijust.gov.rw/fileadmin/Law_and_Regulations/Official_
Gazette_no_Special_of_24.12.2015__2___1_.pdf
14	 MYICT. (2014). Smart Rwanda 2020 Master Plan. www.myict.gov.
rw/fileadmin/Documents/Strategy/SMART_RWANDA_MASTER_
PLAN_FINAL.pdf
15	 www.minijust.gov.rw/fileadmin/Law_and_Regulations/Official_
Gazette_no_Special_of_24.12.2015__2___1_.pdf
16	 www.mifotra.gov.rw/fileadmin/user_upload/Laws/Sitati_nshya.
pdf
17	 www.mifotra.gov.rw/fileadmin/templates/downloads/NEW%20
LABOUR%20LAW%20N13.2009%20OF%2027.5.2009.pdf
Improving workplace rights
using the internet
For this report, nine people – five from the public
sector and four from the private sector – were in-
terviewed. Four among them were women. Their
opinions, together with information from media re-
ports, form the basis of our exploration.
The interviews suggested that the internet is an
important enabler of a number of the rights related
to work contained in the ICESCR. As one interview-
ee put it: “Boosting internet connectivity for all is
one of the factors that are improving our rights, and
making us agents capable of coping with informa-
tion society challenges.”
Asked when employees first felt the impact
of the internet in enabling these rights, one re-
spondent – a civil servant – stated that this was
already experienced when seeking information on
recruitment processes. Rwanda’s legal framework
provides seekers of employment in public insti-
tutions with the right to access to information by
requiring that public institutions advertise available
vacancies both through online and radio channels.
The interviewee admired how all civil servants are
now recruited through the Rwanda civil service
recruitment portal18
and, when recruited, civil serv-
ants have online access to their own employment
information, which is held by the human resources
office.
Since 2015, government staff have been able to
access this information via the Rwanda employee
self-service portal.19
This portal has information on
organisational structures, an employee’s recruit-
ment and performance records, records of leave
and absenteeism, information on resignations and
retirement, payroll information, information on
training and career planning, and tools that allow
information management and reporting.
We asked interviewees how often they had
access to the internet in the workplace. One civil
servant said that most of the public sector adminis-
trations, including local government, but excluding
“cells and villages” – the country’s smallest ad-
ministrative units – have local area networks. All
employees working in these administrations have
access to computers and most of them have their
own smart devices such as tablets, smartphones
and laptops.
As shown in CNN’s short media report entitled
“Take a ride on Rwanda’s smart bus”,20
the public is
18	 recruitment.mifotra.gov.rw
19	 selfservice.mifotra.gov.rw
20	 edition.cnn.com/videos/world/2016/05/23/marketplace-africa-
wef-digital-transformation-spc-a.cnn
200 / Global Information Society Watch
benefiting from internet hotspots that offer free Wi-Fi
to commuters. Interviewees appreciated these initi-
atives and indicated that when they are on their way
to the office or on their way back home, they are still
able to finalise unfinished work that requires them to
be online. For them, free Wi-Fi is also very important
for conducting personal business and communica-
tion which is not allowed when at the office. High
productivity is expected from the employee who is
generally not allowed to use the internet for personal
reasons during working hours. This includes using
social media when this is not related to work duties.
All interviewees in the public sector recognised
that the internet is crucial in their daily working
life, given that much of what they do or need is
online. The example of the Integrated Payroll and
Personnel Information System (IPPIS) was given.21
Interviewees said that this has been very important
in helping them to access key employment-relat-
ed information and tools. This includes accessing
information related to their salary and personal
employment records, which became available in
2015. Staff are able to plan, record and monitor their
performance, and follow up on their pension con-
tributions and any other administrative information
relating to their work.
Employees were also asked how the internet
helps them to access services, such as banking and
government services, in case they need them. They
noted that given that some of these key services
are now delivered online 24 hours a day, employ-
ees are able to easily access these services during
lunch breaks or after hours without leaving their
offices. They pointed out that before having these
services available online, citizens used to have to
make several trips to a physical office to follow
up on applications. This often affected their work
performance and had a negative impact on their re-
lationship with their employers, but now they can
easily follow the progress of their applications via
the internet and using their mobile phones. Online
services have reduced time spent accessing gov-
ernment services, and have improved the stability
of the workforce when they are on duty in terms of
person hours worked and their availability in the
workplace.
Interviewees pointed out that all employees
have access to all laws and documents on employ-
ment, which are published by the Ministry of Labour
(MIFOTRA) on its website.22
They said that this helps
them understand how to exercise their rights and to
be aware of their responsibilities.
21	 www.mifotra.gov.rw/index.php?id=206
22	 www.mifotra.gov.rw/index.php?id=111
On the right to strike, interviewees confirmed
that although they have that right they have never
exercised it. According to the Trade Union Centre of
Workers of Rwanda (CESTRAR),23
workers are some-
times limited when it comes to the right to strike.
Peaceful strikes are allowed, but only after all the
methods of dispute resolution have failed.24
The right of employees to appeal decisions
made against them in the workplace has helped
them combat injustice in the workplace. When we
asked interviewees if they had ever used the right
to appeal, some said they had exercised this right
when defending their legitimate interests. Other
respondents said they do not feel confident to re-
port workplace ill-treatment. This was confirmed
by Angelina Muganza, executive secretary of the
Public Service Commission,25
who criticised em-
ployees and job seekers who did not report cases of
injustice because they had not bothered to find out
about their rights.26
On this issue, trade unions have
helped employees to become aware of their rights
and helped with mediation and legal procedures.27
We also wanted to know about sexual harass-
ment in the workplace, given that there are currently
no legal provisions to prosecute offenders.28
Inter-
viewees felt that this was a phenomenon that was
on the decline, but that when it occurs, the lack of
legal recourse results in significant frustration.
Various initiatives are being put in place for em-
ployees’ economic empowerment. In one interview,
a secondary school teacher praised the Umwalimu
savings and credit cooperative (Umwalimu SAC-
CO),29
established to empower Rwandan teachers
economically and to contribute to the socioeco-
nomic development of the community in which they
live.30
Before the establishment of SACCO, the main
concern was that, due to budgetary constraints,
the economic needs of teachers would not be ca-
tered for, including a minimum wage advocated by
23	 Brioni, B. (2007, 23 October). Spotlight interview with Eric Manzi
(CESTRAR-Rwanda). International Trade Union Confederation.
www.ituc-csi.org/spotlight-interview-with-eric?lang=en
24	 www.mywage.org/rwanda/home/labour-law/trade-union-rights
25	 www.psc.gov.rw/index.php?id=103
26	 Shuti, J. (2013, 25 February). PSC urges employees to report
injustice cases. New Times. www.newtimes.co.rw/section/
article/2013-02-25/63286 /
27	 The Rwanda Focus. (2015, 31 March). Human and Labour Rights,
Social Dialogue improve welfare of workers and productivity.
www.focus.rw/wp/2015/03/31/human-and-labour-rights-social-
dialogue-improve-welfare-of-workers-and-productivity
28	 Kaitesi, M. (2013, 5 August). Transparency Rwanda wants sex
based corruption criminalized. New Times. www.newtimes.co.rw/
section/article/2013-08-05/68050 /
29	 www.umwalimusacco.co.rw
30	 Rwahigi, M. (2015, 13 February). Celebrating Rwanda’s
“living heroes”. Hope Magazine. hope-mag.com/index.
php?com=news&option=read&ca=1&a=1880
rwanda / 201
international institutions. The head of the Umwal-
imu savings and credit cooperative confirmed that
the scheme is contributing to teacher retention,
employment stability, and effective curriculum in-
struction, and having multiple positive effects on
community development by supporting small busi-
ness collaboration and the development of joint
ventures, and enabling motivated teachers to offer
other services and skills to communities.31
Due to
the internet, teachers’ salaries now reach accounts
faster due to improvements in the interbank funds
transfer system by the National Bank of Rwanda
(BNR). All transactions are now done online.32
In
addition, SACCO’s website provides downloadable
forms for its clients.
An Affordable Housing Development Project
has enabled state employees to move into decent
modern housing units, even if they are employed at
a low salary level.33
The project targets employees
earning low and medium monthly salaries but with
secure and stable-enough jobs that allow them to
repay mortgages.34
The initiative ensures that the
units have basic infrastructure, including landlines
for internet access.
Conclusion
The internet is a platform that can enable the ESCRs
of employees. In Rwanda, the internet helps em-
ployees know what their rights are, and to access
work-related administrative information as well as
online services. The internet also gives them easi-
er access to trade unions and other support that is
necessary for them to claim their rights.
However, apart from the limited technical ca-
pability of some users, the low levels of internet
penetration and use as well as limited electric
power in the country, especially in rural areas, are
impacting on employees’ full enjoyment of their
rights.
It is also clear that having access to information
on employee rights on the internet is just part of
the solution to having those rights fulfilled. Other
mechanisms need to be put in place to support the
enactment of those rights, including support when
workplace disputes arise.
31	 Umwalimu SACCO. (2014). Umwalimu SACCO Impact Assessment.
www.umwalimusacco.co.rw/docs/UMWALIMU%20SACCO%20
IMPACT%20SURVEY%20FINAL%20REPORT%202014.pdf
32	 Hope Magazine. (2012, 13 March). UMWALIMU SACCO: Homegrown
Initiative Changing Teachers’ Welfare. Hope Magazine. www.hope-
mag.com/index.php?com=news&option=read&ca=6&a=6
33	 Centre for Affordable Housing Finance in Africa. (2016).Excerpt
from Africa Housing Finance Yearbook 2016: Rwanda. www.
housingfinanceafrica.org/country/rwanda ;
34	 www.rha.gov.rw/uploads/media/Affordable_Housing_project.pdf
Action steps
The following action steps are suggested for the
public, private and civil society sectors:
•	 Scale up ICT connectivity and electric power in-
frastructure in rural areas so that they service
the public sector and encourage growth in the
private sector.
•	 Establish an intensive capacity-building pro-
gramme to increase digital literacy for citizens
in general and for employees in particular.
•	 Ensure that information on job opportunities is
accessible online in all sectors. Create public in-
formation desks staffed with infomediaries that
facilitate access to this online information for
those who do not have access to the internet.
•	 Develop online recruitment processes for the
private and civil society sectors.
•	 Use the internet to boost awareness of em-
ployees’ rights, especially in the private sector.
Besides providing online information on these
rights, the internet can be used to create
channels of open communication between em-
ployer and employee. In particular, an online
programme for reporting sexual harassment in
the workplace, and which can support victims of
harassment, should be developed.
•	 The innovative use of the internet should be
considered as a way of supporting financial
schemes that supplement the income of em-
ployees, and support other socioeconomic
development needs.
Association for Progressive Communications (APC)
and International Development Research Centre (IDRC)
Global Information Society Watch
2016 Report
www.GISWatch.org
GlobalInformationSocietyWatch2016
Global Information
Society Watch 2016
Economic, social and cultural rights
and the internet
Economic, social and cultural rights
and the internet
The 45 country reports gathered here illustrate the link between the internet and
economic, social and cultural rights (ESCRs). Some of the topics will be familiar
to information and communications technology for development (ICT4D) activists:
the right to health, education and culture; the socioeconomic empowerment of
women using the internet; the inclusion of rural and indigenous communities in
the information society; and the use of ICT to combat the marginalisation of local
languages. Others deal with relatively new areas of exploration,such as using 3D
printing technology to preserve cultural heritage,creating participatory community
networks to capture an “inventory of things” that enables socioeconomic rights,
crowdfunding rights, or the negative impact of algorithms on calculating social
benefits. Workers’ rights receive some attention, as does the use of the internet
during natural disasters.
Ten thematic reports frame the country reports.These deal both with overarching
concerns when it comes to ESCRs and the internet – such as institutional frame-
works and policy considerations – as well as more specific issues that impact
on our rights: the legal justification for online education resources, the plight
of migrant domestic workers, the use of digital databases to protect traditional
knowledge from biopiracy, digital archiving, and the impact of multilateral trade
deals on the international human rights framework.
The reports highlight the institutional and country-level possibilities and chal-
lenges that civil society faces in using the internet to enable ESCRs. They also
suggest that in a number of instances, individuals, groups and communities are
using the internet to enact their socioeconomic and cultural rights in the face of
disinterest, inaction or censure by the state.
GlobalInformationSocietyWatch2016
GISW
atch
10th
Edition
International Development Research Centre
Centre de recherches pour le développement international

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gw2016-rwanda

  • 1. Association for Progressive Communications (APC) and International Development Research Centre (IDRC) Global Information Society Watch 2016 Report www.GISWatch.org GlobalInformationSocietyWatch2016 Global Information Society Watch 2016 Economic, social and cultural rights and the internet Economic, social and cultural rights and the internet The 45 country reports gathered here illustrate the link between the internet and economic, social and cultural rights (ESCRs). Some of the topics will be familiar to information and communications technology for development (ICT4D) activists: the right to health, education and culture; the socioeconomic empowerment of women using the internet; the inclusion of rural and indigenous communities in the information society; and the use of ICT to combat the marginalisation of local languages. Others deal with relatively new areas of exploration,such as using 3D printing technology to preserve cultural heritage,creating participatory community networks to capture an “inventory of things” that enables socioeconomic rights, crowdfunding rights, or the negative impact of algorithms on calculating social benefits. Workers’ rights receive some attention, as does the use of the internet during natural disasters. Ten thematic reports frame the country reports.These deal both with overarching concerns when it comes to ESCRs and the internet – such as institutional frame- works and policy considerations – as well as more specific issues that impact on our rights: the legal justification for online education resources, the plight of migrant domestic workers, the use of digital databases to protect traditional knowledge from biopiracy, digital archiving, and the impact of multilateral trade deals on the international human rights framework. The reports highlight the institutional and country-level possibilities and chal- lenges that civil society faces in using the internet to enable ESCRs. They also suggest that in a number of instances, individuals, groups and communities are using the internet to enact their socioeconomic and cultural rights in the face of disinterest, inaction or censure by the state. GlobalInformationSocietyWatch2016 GISW atch 10th Edition International Development Research Centre Centre de recherches pour le développement international
  • 2. Global Information Society Watch 2016 International Development Research Centre Centre de recherches pour le développement international
  • 3. Global Information Society Watch 2016 Economic, social and cultural rights and the internet Coordinating committee Anriette Esterhuysen (APC) Valeria Betancourt (APC) Flavia Fascendini (APC) Karen Banks (APC) Project coordinator Roxana Bassi (APC) Editor Alan Finlay Assistant editor, publication production Lori Nordstrom (APC) Proofreading Valerie Dee Lori Nordstrom Graphic design Monocromo info@monocromo.com.uy Phone: +598 2400 1685 Cover illustration Matías Bervejillo This work was carried out with the aid of a grant from the International Development Research Centre (IDRC), Ottawa, Canada, as part of the APC project “A rights based approach to internet policy and governance for the advancement of economic, social and cultural rights”. More information at: https://www.apc.org/en/projects/ internet-rights-are-economic-social-cultural-rights APC would like to thank the Swedish International Development Coopera- tion Agency (Sida) for its support for Global Information Society Watch 2016. Published by APC and IDRC 2016 Printed in USA Creative Commons Attribution 4.0 International (CC BY 4.0) https://creativecommons.org/licenses/by/4.0/ Some rights reserved. Global Information Society Watch 2016 web and e-book ISBN 978-92-95102-70-5 APC-201611-CIPP-R-EN-DIGITAL-260 International Development Research Centre Centre de recherches pour le développement international International Development Research Centre Centre de recherches pour le développement international
  • 4. 198 / Global Information Society Watch Emmanuel Habumuremyi and Sylvere Ntirampeba www.linkedin.com/in/emmanuel-habumuremyi- b808861a?trk=hp-identity-name Introduction The internet is enabling the right to work in Rwanda – although there is still some way to go. In particu- lar, it is being used as a platform allowing citizens to access information on job opportunities, personal work records, and policies and procedures in the workplace. With regards to the latter, civil servants see the state leading the way in terms of creating awareness of workers’ rights. In 2000, Rwanda set the goal of becoming a knowledge-based economy and committed to posi- tioning itself as a globally competitive, diversified and balanced economy that is driven by informa- tion, knowledge and skills.1 To achieve the goal, Rwanda’s priorities were to build human capacity, establish institutional and legal frameworks and de- velop the relevant communications infrastructure. In 2014, when he was closing the Smart Rwanda Days2 event, the president of Rwanda declared that the internet is needed as a public utility as much as water and electricity.3 Since then, the roll-out of fibre optic cable has resulted in most central and local government insti- tutions being connected to high-speed broadband.4 To deal with “last mile” challenges, the roll-out of 4G LTE, which started in 2015, has reached more than 26 of the 30 district headquarters in Rwanda and is expected to cover up to 95% of the country by 2017.5 By July 2016, the number of active mobile phone subscribers had increased to 9,025,516 or 80% of the population, up from 70% in December 2014.6 Internet penetration in the country was at 1 MYICT. (2001). An Integrated ICT-led Socio-Economic Development Policy and Plan for Rwanda 2001-2005. www.myict.gov.rw/ fileadmin/Documents/Rwanda_ICT_Policy_NICI_2005.pdf 2 www.smartrwandadays.rw 3 smartrwandadays.rw/spip.php?article27 4 MYICT. (2016). ICT Sector Profile - 2015. www.myict.gov.rw/fileadmin/ Documents/ICT_Sector_Profile_2015/ICT_Sector_Profile_2015.pdf 5 ktrn.rw/4g-lte-coverage-map.html 6 RURA. (2016). Active mobile telephone subscriptions as of June 2016. www.rura.rw/fileadmin/docs/Monthly_telecom_ subscribers_of_July_2016.pdf 33% by July 2016.7 An initiative that provides free Wi-Fi in public transport was launched in February 2016 with 487 buses being connected.8 This com- plements other existing free Wi-Fi access points offered in, for example, public spaces, hotels, res- taurants and shopping centres. Through interviews and an analysis of media re- ports, this report offers a preliminary assessment of the contribution that the internet makes to the improvement of working conditions in the public, private and civil society sectors in Rwanda. Political, economic and policy context Rwanda ratified the ICESCR on 16 April 1975.9 As far as workplace rights are concerned, Articles 6, 7 and 8 of the covenant are relevant, while Article 9, which deals with social security, is by implication worth considering. In addition to this, the National Commission for Human Rights10 in Rwanda lists a number of legal instruments as relevant when talking about em- ployees’ rights. These include the African Charter on Human and Peoples’ Rights11 of 27 June 1981 as ratified by Law No. 10/1983 of 17 May 1983. Its ar- ticle 15 stipulates that every individual shall have the right to employment under equitable and sat- isfactory conditions, and shall receive equal pay for equal work. Law No. 13/2009 of 27 May 2009 regulating labour in Rwanda stipulates workers’ obligations and rights and determines working con- ditions. Public servants are governed by Law No. 86/2013 of 11 September 2013 establishing the gen- eral conditions for public service. Law No. 05/2015 of 30 March 2015 governs pension schemes and provides for workers’ rights relating to pensions. Law No. 03/2015 of 2 March 2015 governs the or- ganisation of community-based health insurance 7 RURA. (2016). Statistics and tariff information in telecom, media and postal service as of the second quarter 2016. www.rura.rw/ fileadmin/docs/Monthly_telecom_subscribers_of_August_2016.pdf 8 Bizimungu, J. (2016, 20 February). Smart Kigali: 400 buses connected to 4G Internet. New Times. www.newtimes.co.rw/ section/article/2016-02-20/197264 9 hrlibrary.umn.edu/research/ratification-rwanda.html 10 www.cndp.org.rw/index.php?id=188 11 www.humanrights.se/wp-content/uploads/2012/01/African- Charter-on-Human-and-Peoples-Rights.pdf The internet as an enabler of employee rights rwanda keywords: labour, internet, worker’s right
  • 5. rwanda / 199 schemes and provides for the rights relating to healthcare matters.12 In article 27 of Rwanda’s constitution (2003, re- vised in 2015),13 the right of equal access to public services for all Rwandans is stipulated. The same constitution provides for the right to employment. This right includes the right to non-discrimination at work, the right to join trade unions, the employ- ees’ right to strike, and the right to a safe and clean working environment. The Smart Rwanda 2020 Master Plan (SRMP),14 approved by the government on 3 November 2015, has a particular focus on digitising the economy through: • Government digital transformation: A 24-hour self-service government, driven by a cashless and paperless economy. • Broadband for all to be realised through a 4G roll-out programme and widespread smart de- vice penetration. • Digital literacy for all to transform Rwanda into a digitally literate nation, targeting all sectors, including local communities and civil servants. As for the right to free choice of employment, article 30 of the constitution states that everyone has the right to free choice of employment and without any form of discrimination, and that everyone has the right to equal pay for equal work.15 The General Statutes for Public Service,16 under articles 48, 50, 77 and 123, state that public serv- ants shall enjoy the same rights and freedoms as other citizens, the right of access to their personal administrative files, and the right to retirement. The government has an obligation to ensure protection of its employees against accidents and illnesses related to their profession. The employer is re- quired to provide for the professional training of its workers.17 12 National Commission for Human Rights. (2015). Annual Activity Report, July 2014–June 2015. www.cndp.org.rw/fileadmin/user_ upload/Annual_Report_2014-2015.pdf 13 www.minijust.gov.rw/fileadmin/Law_and_Regulations/Official_ Gazette_no_Special_of_24.12.2015__2___1_.pdf 14 MYICT. (2014). Smart Rwanda 2020 Master Plan. www.myict.gov. rw/fileadmin/Documents/Strategy/SMART_RWANDA_MASTER_ PLAN_FINAL.pdf 15 www.minijust.gov.rw/fileadmin/Law_and_Regulations/Official_ Gazette_no_Special_of_24.12.2015__2___1_.pdf 16 www.mifotra.gov.rw/fileadmin/user_upload/Laws/Sitati_nshya. pdf 17 www.mifotra.gov.rw/fileadmin/templates/downloads/NEW%20 LABOUR%20LAW%20N13.2009%20OF%2027.5.2009.pdf Improving workplace rights using the internet For this report, nine people – five from the public sector and four from the private sector – were in- terviewed. Four among them were women. Their opinions, together with information from media re- ports, form the basis of our exploration. The interviews suggested that the internet is an important enabler of a number of the rights related to work contained in the ICESCR. As one interview- ee put it: “Boosting internet connectivity for all is one of the factors that are improving our rights, and making us agents capable of coping with informa- tion society challenges.” Asked when employees first felt the impact of the internet in enabling these rights, one re- spondent – a civil servant – stated that this was already experienced when seeking information on recruitment processes. Rwanda’s legal framework provides seekers of employment in public insti- tutions with the right to access to information by requiring that public institutions advertise available vacancies both through online and radio channels. The interviewee admired how all civil servants are now recruited through the Rwanda civil service recruitment portal18 and, when recruited, civil serv- ants have online access to their own employment information, which is held by the human resources office. Since 2015, government staff have been able to access this information via the Rwanda employee self-service portal.19 This portal has information on organisational structures, an employee’s recruit- ment and performance records, records of leave and absenteeism, information on resignations and retirement, payroll information, information on training and career planning, and tools that allow information management and reporting. We asked interviewees how often they had access to the internet in the workplace. One civil servant said that most of the public sector adminis- trations, including local government, but excluding “cells and villages” – the country’s smallest ad- ministrative units – have local area networks. All employees working in these administrations have access to computers and most of them have their own smart devices such as tablets, smartphones and laptops. As shown in CNN’s short media report entitled “Take a ride on Rwanda’s smart bus”,20 the public is 18 recruitment.mifotra.gov.rw 19 selfservice.mifotra.gov.rw 20 edition.cnn.com/videos/world/2016/05/23/marketplace-africa- wef-digital-transformation-spc-a.cnn
  • 6. 200 / Global Information Society Watch benefiting from internet hotspots that offer free Wi-Fi to commuters. Interviewees appreciated these initi- atives and indicated that when they are on their way to the office or on their way back home, they are still able to finalise unfinished work that requires them to be online. For them, free Wi-Fi is also very important for conducting personal business and communica- tion which is not allowed when at the office. High productivity is expected from the employee who is generally not allowed to use the internet for personal reasons during working hours. This includes using social media when this is not related to work duties. All interviewees in the public sector recognised that the internet is crucial in their daily working life, given that much of what they do or need is online. The example of the Integrated Payroll and Personnel Information System (IPPIS) was given.21 Interviewees said that this has been very important in helping them to access key employment-relat- ed information and tools. This includes accessing information related to their salary and personal employment records, which became available in 2015. Staff are able to plan, record and monitor their performance, and follow up on their pension con- tributions and any other administrative information relating to their work. Employees were also asked how the internet helps them to access services, such as banking and government services, in case they need them. They noted that given that some of these key services are now delivered online 24 hours a day, employ- ees are able to easily access these services during lunch breaks or after hours without leaving their offices. They pointed out that before having these services available online, citizens used to have to make several trips to a physical office to follow up on applications. This often affected their work performance and had a negative impact on their re- lationship with their employers, but now they can easily follow the progress of their applications via the internet and using their mobile phones. Online services have reduced time spent accessing gov- ernment services, and have improved the stability of the workforce when they are on duty in terms of person hours worked and their availability in the workplace. Interviewees pointed out that all employees have access to all laws and documents on employ- ment, which are published by the Ministry of Labour (MIFOTRA) on its website.22 They said that this helps them understand how to exercise their rights and to be aware of their responsibilities. 21 www.mifotra.gov.rw/index.php?id=206 22 www.mifotra.gov.rw/index.php?id=111 On the right to strike, interviewees confirmed that although they have that right they have never exercised it. According to the Trade Union Centre of Workers of Rwanda (CESTRAR),23 workers are some- times limited when it comes to the right to strike. Peaceful strikes are allowed, but only after all the methods of dispute resolution have failed.24 The right of employees to appeal decisions made against them in the workplace has helped them combat injustice in the workplace. When we asked interviewees if they had ever used the right to appeal, some said they had exercised this right when defending their legitimate interests. Other respondents said they do not feel confident to re- port workplace ill-treatment. This was confirmed by Angelina Muganza, executive secretary of the Public Service Commission,25 who criticised em- ployees and job seekers who did not report cases of injustice because they had not bothered to find out about their rights.26 On this issue, trade unions have helped employees to become aware of their rights and helped with mediation and legal procedures.27 We also wanted to know about sexual harass- ment in the workplace, given that there are currently no legal provisions to prosecute offenders.28 Inter- viewees felt that this was a phenomenon that was on the decline, but that when it occurs, the lack of legal recourse results in significant frustration. Various initiatives are being put in place for em- ployees’ economic empowerment. In one interview, a secondary school teacher praised the Umwalimu savings and credit cooperative (Umwalimu SAC- CO),29 established to empower Rwandan teachers economically and to contribute to the socioeco- nomic development of the community in which they live.30 Before the establishment of SACCO, the main concern was that, due to budgetary constraints, the economic needs of teachers would not be ca- tered for, including a minimum wage advocated by 23 Brioni, B. (2007, 23 October). Spotlight interview with Eric Manzi (CESTRAR-Rwanda). International Trade Union Confederation. www.ituc-csi.org/spotlight-interview-with-eric?lang=en 24 www.mywage.org/rwanda/home/labour-law/trade-union-rights 25 www.psc.gov.rw/index.php?id=103 26 Shuti, J. (2013, 25 February). PSC urges employees to report injustice cases. New Times. www.newtimes.co.rw/section/ article/2013-02-25/63286 / 27 The Rwanda Focus. (2015, 31 March). Human and Labour Rights, Social Dialogue improve welfare of workers and productivity. www.focus.rw/wp/2015/03/31/human-and-labour-rights-social- dialogue-improve-welfare-of-workers-and-productivity 28 Kaitesi, M. (2013, 5 August). Transparency Rwanda wants sex based corruption criminalized. New Times. www.newtimes.co.rw/ section/article/2013-08-05/68050 / 29 www.umwalimusacco.co.rw 30 Rwahigi, M. (2015, 13 February). Celebrating Rwanda’s “living heroes”. Hope Magazine. hope-mag.com/index. php?com=news&option=read&ca=1&a=1880
  • 7. rwanda / 201 international institutions. The head of the Umwal- imu savings and credit cooperative confirmed that the scheme is contributing to teacher retention, employment stability, and effective curriculum in- struction, and having multiple positive effects on community development by supporting small busi- ness collaboration and the development of joint ventures, and enabling motivated teachers to offer other services and skills to communities.31 Due to the internet, teachers’ salaries now reach accounts faster due to improvements in the interbank funds transfer system by the National Bank of Rwanda (BNR). All transactions are now done online.32 In addition, SACCO’s website provides downloadable forms for its clients. An Affordable Housing Development Project has enabled state employees to move into decent modern housing units, even if they are employed at a low salary level.33 The project targets employees earning low and medium monthly salaries but with secure and stable-enough jobs that allow them to repay mortgages.34 The initiative ensures that the units have basic infrastructure, including landlines for internet access. Conclusion The internet is a platform that can enable the ESCRs of employees. In Rwanda, the internet helps em- ployees know what their rights are, and to access work-related administrative information as well as online services. The internet also gives them easi- er access to trade unions and other support that is necessary for them to claim their rights. However, apart from the limited technical ca- pability of some users, the low levels of internet penetration and use as well as limited electric power in the country, especially in rural areas, are impacting on employees’ full enjoyment of their rights. It is also clear that having access to information on employee rights on the internet is just part of the solution to having those rights fulfilled. Other mechanisms need to be put in place to support the enactment of those rights, including support when workplace disputes arise. 31 Umwalimu SACCO. (2014). Umwalimu SACCO Impact Assessment. www.umwalimusacco.co.rw/docs/UMWALIMU%20SACCO%20 IMPACT%20SURVEY%20FINAL%20REPORT%202014.pdf 32 Hope Magazine. (2012, 13 March). UMWALIMU SACCO: Homegrown Initiative Changing Teachers’ Welfare. Hope Magazine. www.hope- mag.com/index.php?com=news&option=read&ca=6&a=6 33 Centre for Affordable Housing Finance in Africa. (2016).Excerpt from Africa Housing Finance Yearbook 2016: Rwanda. www. housingfinanceafrica.org/country/rwanda ; 34 www.rha.gov.rw/uploads/media/Affordable_Housing_project.pdf Action steps The following action steps are suggested for the public, private and civil society sectors: • Scale up ICT connectivity and electric power in- frastructure in rural areas so that they service the public sector and encourage growth in the private sector. • Establish an intensive capacity-building pro- gramme to increase digital literacy for citizens in general and for employees in particular. • Ensure that information on job opportunities is accessible online in all sectors. Create public in- formation desks staffed with infomediaries that facilitate access to this online information for those who do not have access to the internet. • Develop online recruitment processes for the private and civil society sectors. • Use the internet to boost awareness of em- ployees’ rights, especially in the private sector. Besides providing online information on these rights, the internet can be used to create channels of open communication between em- ployer and employee. In particular, an online programme for reporting sexual harassment in the workplace, and which can support victims of harassment, should be developed. • The innovative use of the internet should be considered as a way of supporting financial schemes that supplement the income of em- ployees, and support other socioeconomic development needs.
  • 8. Association for Progressive Communications (APC) and International Development Research Centre (IDRC) Global Information Society Watch 2016 Report www.GISWatch.org GlobalInformationSocietyWatch2016 Global Information Society Watch 2016 Economic, social and cultural rights and the internet Economic, social and cultural rights and the internet The 45 country reports gathered here illustrate the link between the internet and economic, social and cultural rights (ESCRs). Some of the topics will be familiar to information and communications technology for development (ICT4D) activists: the right to health, education and culture; the socioeconomic empowerment of women using the internet; the inclusion of rural and indigenous communities in the information society; and the use of ICT to combat the marginalisation of local languages. Others deal with relatively new areas of exploration,such as using 3D printing technology to preserve cultural heritage,creating participatory community networks to capture an “inventory of things” that enables socioeconomic rights, crowdfunding rights, or the negative impact of algorithms on calculating social benefits. Workers’ rights receive some attention, as does the use of the internet during natural disasters. Ten thematic reports frame the country reports.These deal both with overarching concerns when it comes to ESCRs and the internet – such as institutional frame- works and policy considerations – as well as more specific issues that impact on our rights: the legal justification for online education resources, the plight of migrant domestic workers, the use of digital databases to protect traditional knowledge from biopiracy, digital archiving, and the impact of multilateral trade deals on the international human rights framework. The reports highlight the institutional and country-level possibilities and chal- lenges that civil society faces in using the internet to enable ESCRs. They also suggest that in a number of instances, individuals, groups and communities are using the internet to enact their socioeconomic and cultural rights in the face of disinterest, inaction or censure by the state. GlobalInformationSocietyWatch2016 GISW atch 10th Edition International Development Research Centre Centre de recherches pour le développement international