Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12, 17 and 118 together.

The Committee notes the observations of the Congress of Labour and Brotherhood of Rwanda (COTRAF-RWANDA) on the application of Convention No. 17.

Article 1 of Convention No. 12 and Article 2 of Convention No 17. (i) Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee previously noted the Government’s indication concerning the draft Bill on occupational risks and the draft ministerial order determining the terms of coverage of apprentices and casual workers for occupational risks. The Committee takes note of the Government’s information in its report that a new draft law on the organization of the occupational risk insurance scheme, which particularly aims at ensuring coverage of all workers in the formal sector, is still under consultation. The Committee requests the Government to clarify whether apprentices and casual and temporary workers are covered against the risk of employment injury, even in the absence of the ministerial order determining the terms of their coverage. The Committee also requests the Government to continue to provide information on the progress made towards the adoption of the draft law on the organization of the occupational risk insurance scheme, particularly regarding the provisions on coverage of persons.

(ii) Workers in the informal economy. The Committee notes that the COTRAF-RWANDA points out in its observations that the Occupational Hazards scheme exclusively covers formal sector employees and that there is a need to extend social security coverage to workers engaged in the informal economy. The Committee notes from the Rwanda Social Security Board’s Strategic Plan for 2020–2025 that approximately 6.7 per cent of Rwanda’s workforce are eligible for coverage by the mandatory Pension and Occupational Hazards schemes. The Committee requests the Government to provide information on: (i) the measures taken or envisaged to extend the coverage of the Occupational Hazards scheme to workers in the informal economy; and (ii) the number of persons covered by the Occupational Hazards scheme out of the total number of workers.

Finally, the Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group, the Governing Body has decided that Member States for which Conventions Nos 12 and 17 is in force should be encouraged to ratify Convention No. 102 (Part VI) and/or Convention No. 121, with a view to including their application to agricultural workers (see GB.346/LILS/1). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 346th Session (October–November 2022) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 102 (Part VI) and/or Convention No. 121, with a view to including their application to agricultural workers.

Article 5 of Convention No 118, in conjunction with Articles 7 and 8. Provision of benefits abroad. Conclusion of reciprocity agreements and/or social security agreements. The Committee notes the Government’s indication that, according to section 33 of the Law No. 05/2015, of 30 May 2015, governing the organization of pension schemes, benefits are not transferable abroad if the beneficiary no longer resides in the country, save for cases of reciprocal agreements or international conventions. The Government further indicates that it concluded a bilateral agreement on social security with the Republic of Congo in 2016 and that, together with other Member States of the East African Community, is actively engaged to adopt regulations on the coordination of social security rights and benefits. The Committee recalls that, in accordance with Article 5 of the Convention, the provision of invalidity benefits, old-age benefits, survivors’ benefits and death grants, and employment injury pensions shall be guaranteed to the nationals of a ratifying Member and the nationals of any other Member which has accepted the obligations of the Convention in respect of the corresponding branch when they are resident abroad, even in the absence of bilateral or multilateral social security agreements. The Committee requests the Government to provide information on: (i) the measures taken to ensure the provision of social security benefits abroad to nationals of Rwanda and nationals of the Member States that have ratified and accepted the same branch of the Convention, and with which Rwanda has not concluded any bilateral or multilateral social security agreement; and (ii) newly concluded social security agreements, if any.

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

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

Repetition

The Government is requested to refer to the comments made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).

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

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

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. In its previous comments, the Committee noted the Government’s commitment to extend the coverage of the social security system to all, including coverage of employment accidents in the formal sector. A legislative reform had been recommended through an organic law establishing an employment injury benefits branch administered by the Social Security Council, which would be mandatory for all workers with an employment contract. In its last report received in May 2012, referring to the national policy on social security established in 2009, the Government reports the adoption of Act No. 45/2010 of 14 December 2010 establishing the Rwandan Social Security Council and the current reform of the pension system, and the existence of a Bill on occupational risks. The Government adds that the issue of the coverage of apprentices and casual workers for occupational risks is envisaged in the new Pensions Act currently under discussion by Parliament. The ministerial order determining the terms of coverage of these categories of workers has been drawn up and will be submitted for approval to the Council of Ministers. The Committee notes this information and hopes that the Government will be in a position to indicate, in its next report, the adoption of the legislation on employment accidents, in compliance with the provisions of Conventions Nos 12 and 17 on employment accidents in industry and agriculture.

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

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

Article 5 of the Convention (in conjunction with Articles 7 and 8). Provision of certain benefits abroad. Conclusion of reciprocity agreements and/or social security agreements. In its latest report, which reached the Office in May 2012, the Government indicates that the issue of the portability of benefits is envisaged in the draft pension law. It adds that arrangements are being made to sign an agreement on this subject with the Member States of the East African Community (EAC). Until then, in the event of residence abroad, the transfer of benefits is made into the bank account of beneficiaries with a bank abroad. The nationals of States other than those that are members of the EAC are governed by the provisions of international social security agreements, such as the general social security agreement between the Republic of Burundi, the Republic of Rwanda and the Democratic Republic of the Congo concluded in 1978 in the context of the Economic Community of the Great Lakes Countries (ECGLC).

The Committee observes that, currently, in accordance with section 44 of the Legislative Decree of 22 August 1974 respecting the organization of social security (as amended), benefits provided by social security may only be provided abroad where there are reciprocity agreements or international agreements concluded for this purpose. Convention No. 118, of which Rwanda has accepted the obligations concerning the branches of social security indicated in clauses (d), (e), (f) and (g) of Article 2, establishes a scheme of guaranteed reciprocity between States that have accepted the same branches as Rwanda: invalidity benefit; old-age benefit; survivors’ benefit and death grants; and employment injury pensions. Accordingly, these benefits have to be provided abroad, even in the absence of additional reciprocity agreements and irrespective of the country of residence of the beneficiary, at least in the case of nationals of Rwanda and of any State that has accepted the obligations of the Convention for the corresponding branch, as well as for refugees and stateless persons (Article 5). Nevertheless, for the implementation of this principle, the Convention envisages the possibility of having recourse to the conclusion of multilateral or bilateral agreements giving effect to these obligations (Article 8). With regard to the employment injury branch, the Committee notes that the requirement of the portability of benefits in the event of residence abroad, under the principle of equality of treatment, includes nationals and dependants from the 123 States that have ratified the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), to which Rwanda is also a party. Accordingly, in light of the above considerations, the Committee invites the Government to avail itself of the technical assistance of the Office in the context of the preparation of the new pension law and concerning its articulation with other social security laws and regulations. Furthermore, recalling that there are a number of workers in Rwanda who are nationals of countries which are parties to the Convention, the Committee would be grateful if the Government would continue to provide information on any newly concluded agreement with States that have accepted the obligations of the present Convention for the corresponding branches with a view to the maintenance of acquired rights and rights in course of acquisition, in accordance with Articles 7 and 8 of the Convention.

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

The Government is requested to refer to the comments made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).

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

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. In its previous comments, the Committee noted the Government’s commitment to extend the coverage of the social security system to all, including coverage of employment accidents in the formal sector. A legislative reform had been recommended through an organic law establishing an employment injury benefits branch administered by the Social Security Council, which would be mandatory for all workers with an employment contract. In its last report received in May 2012, referring to the national policy on social security established in 2009, the Government reports the adoption of Act No. 45/2010 of 14 December 2010 establishing the Rwandan Social Security Council and the current reform of the pension system, and the existence of a Bill on occupational risks. The Government adds that the issue of the coverage of apprentices and casual workers for occupational risks is envisaged in the new Pensions Act currently under discussion by Parliament. The ministerial order determining the terms of coverage of these categories of workers has been drawn up and will be submitted for approval to the Council of Ministers. The Committee notes this information and hopes that the Government will be in a position to indicate, in its next report, the adoption of the legislation on employment accidents, in compliance with the provisions of Conventions Nos 12 and 17 on employment accidents in industry and agriculture.

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

Article 5 of the Convention (in conjunction with Articles 7 and 8). Provision of certain benefits abroad. Conclusion of reciprocity agreements and/or social security agreements. In its latest report, which reached the Office in May 2012, the Government indicates that the issue of the portability of benefits is envisaged in the draft pension law. It adds that arrangements are being made to sign an agreement on this subject with the Member States of the East African Community (EAC). Until then, in the event of residence abroad, the transfer of benefits is made into the bank account of beneficiaries with a bank abroad. The nationals of States other than those that are members of the EAC are governed by the provisions of international social security agreements, such as the general social security agreement between the Republic of Burundi, the Republic of Rwanda and the Democratic Republic of the Congo concluded in 1978 in the context of the Economic Community of the Great Lakes Countries (ECGLC).

The Committee observes that, currently, in accordance with section 44 of the Legislative Decree of 22 August 1974 respecting the organization of social security (as amended), benefits provided by social security may only be provided abroad where there are reciprocity agreements or international agreements concluded for this purpose. Convention No. 118, of which Rwanda has accepted the obligations concerning the branches of social security indicated in clauses (d), (e), (f) and (g) of Article 2, establishes a scheme of guaranteed reciprocity between States that have accepted the same branches as Rwanda: invalidity benefit; old-age benefit; survivors’ benefit and death grants; and employment injury pensions. Accordingly, these benefits have to be provided abroad, even in the absence of additional reciprocity agreements and irrespective of the country of residence of the beneficiary, at least in the case of nationals of Rwanda and of any State that has accepted the obligations of the Convention for the corresponding branch, as well as for refugees and stateless persons (Article 5). Nevertheless, for the implementation of this principle, the Convention envisages the possibility of having recourse to the conclusion of multilateral or bilateral agreements giving effect to these obligations (Article 8). With regard to the employment injury branch, the Committee notes that the requirement of the portability of benefits in the event of residence abroad, under the principle of equality of treatment, includes nationals and dependants from the 123 States that have ratified the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), to which Rwanda is also a party. Accordingly, in light of the above considerations, the Committee invites the Government to avail itself of the technical assistance of the Office in the context of the preparation of the new pension law and concerning its articulation with other social security laws and regulations. Furthermore, recalling that there are a number of workers in Rwanda who are nationals of countries which are parties to the Convention, the Committee would be grateful if the Government would continue to provide information on any newly concluded agreement with States that have accepted the obligations of the present Convention for the corresponding branches with a view to the maintenance of acquired rights and rights in course of acquisition, in accordance with Articles 7 and 8 of the Convention.

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 requests the Government to refer to the observation that it is making under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).

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

Article 5 of the Convention. Provision of certain benefits abroad in the absence of reciprocity agreements or social security agreements. With reference to its previous comments, the Committee notes that under the terms of section 44, as amended, of the Legislative Decree of 22 August 1974 respecting the organization of social security, benefits provided by the social security may only be provided abroad where there are reciprocity agreements or international agreements concluded for this purpose. In this respect, the sole instance of cases in which social security benefits may be provided abroad is the general social security agreement between the Republic of Burundi, the Republic of Rwanda and the Democratic Republic of the Congo concluded in 1978 in the context of the Economic Community of the Great Lakes Countries (ECGLC).

The Committee therefore understands that Convention No. 118 is not considered as an international agreement within the meaning of the above provision and that, in practice, benefits are not paid on this basis to beneficiaries residing abroad. The Committee wishes to recall in this respect that by ratifying the present Convention and accepting the obligations for branches (d), (e), (f) and (g) the Government undertook, in accordance with Article 5 of the Convention, to guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the corresponding branch, as well as to refugees and stateless persons, when they are resident abroad, provision of invalidity benefit, old-age benefit, survivors’ benefit and death grants, and employment injury pensions, without any condition of reciprocity and irrespective of the country of residence of the beneficiary, even in the absence of bilateral or multilateral social security agreements. The Committee therefore requests the Government to reconsider the situation with a view to giving full effect to the Convention on this point in both law and practice.

The Committee further notes that, according to the information provided by the Government, that there are a number of workers in the country who are nationals of countries which are parties to the Convention and it would be grateful if the Government would continue providing information on any newly concluded agreement with States that have accepted the obligations of the present Convention for the corresponding branches with a view to the maintenance of acquired rights and rights in course of acquisition, in accordance with Articles 7 and 8 of the Convention.

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 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee notes the information provided by the Government in its report, including the law regulating labour in Rwanda, No. 13/2009 of 27 May 2009 (Labour Law) and the National Social Security Policy document of the Ministry of Financing and Economic Planning of February 2009. Section 2 of the new Labour Law provides that this law applies to the labour relations between workers and employers as well as between the latter and the apprentices or the trainees under their authority as per contract. Casual and temporary workers are included in the scope of application by virtue of section 3, while section 47 establishes the obligation of the employer to affiliate workers to the social security scheme. On the basis of the above sections of the newly adopted Labour Law, the Committee notes with satisfaction the extension of the national legislation on the protection against employment injury to apprentices and casual and temporary workers.

The Committee also welcomes the National Social Security document, which provides an analysis of the current social security programme and policy orientations for its improvement with the objective of achieving social security coverage for all. As regards employment injury, the policy document indicates the Government’s commitment to reinforce measures to establish 100 per cent coverage for employment injury of all workers in the formal sector. In the absence of coherent legal texts defining the basic social security framework, the policy document recommends a legal reform through an organic law, which will be guided inter alia by the provision that employment injury benefits are managed by the Rwanda Social Security Board and mandatory for all workers with a formal employment contract. The Committee asks the Government to continue providing information on the progress made in developing a legal framework for the social security system in Rwanda.

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)

The Committee notes the information provided by the Government in its report and requests the Government to refer to the observation that it is making under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).

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

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee notes the information provided by the Government in its report, including the law regulating labour in Rwanda, No. 13/2009 of 27 May 2009 (Labour Law) and the National Social Security Policy document of the Ministry of Financing and Economic Planning of February 2009. Section 2 of the new Labour Law provides that this law applies to the labour relations between workers and employers as well as between the latter and the apprentices or the trainees under their authority as per contract. Casual and temporary workers are included in the scope of application by virtue of section 3, while section 47 establishes the obligation of the employer to affiliate workers to the social security scheme. On the basis of the above sections of the newly adopted Labour Law, the Committee notes with satisfaction the extension of the national legislation on the protection against employment injury to apprentices and casual and temporary workers.

The Committee also welcomes the National Social Security document, which provides an analysis of the current social security programme and policy orientations for its improvement with the objective of achieving social security coverage for all. As regards employment injury, the policy document indicates the Government’s commitment to reinforce measures to establish 100 per cent coverage for employment injury of all workers in the formal sector. In the absence of coherent legal texts defining the basic social security framework, the policy document recommends a legal reform through an organic law, which will be guided inter alia by the provision that employment injury benefits are managed by the Rwanda Social Security Board and mandatory for all workers with a formal employment contract. The Committee asks the Government to continue providing information on the progress made in developing a legal framework for the social security system in Rwanda.

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

The Committee notes that the Government’s report has not been received. The Committee 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 referring to the comments made under Convention No. 17.

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:

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee notes from the information provided by the Government that the purpose of Act No. 06/2003 of 22 March 2003 was to amend and supplement certain provisions of the Legislative Decree of 22 August 1974 organizing social security. Following this amendment, section 2 of the above Legislative Decree provides, as it did previously, for the need to determine by ministerial order the arrangements under which apprentices and casual and temporary workers may benefit from the social security scheme in relation, among other matters, to compensation for employment injury. This provision also now indicates that the above order shall be made following the proposals put forward in this respect by the Executive Board of the Social Fund (CACS). In this respect, the Government indicates that it has taken due note of the comments that the Committee has been making for several years requesting it to take the necessary measures to extend protection against employment injury to apprentices and casual and temporary workers, in accordance with Article 2 of the Convention. It adds that it will make efforts to adopt the text concerned. The Committee notes this information and would be grateful if the Government would indicate in its next report whether, since 2003, the CACS has undertaken studies or made firm proposals as a basis for the extension of the social security scheme to apprentices and casual workers, or whether such studies or proposals are planned. It expresses the firm hope that in its next report the Government will be in a position to indicate the tangible progress achieved in the extension of the national legislation respecting employment injury to the above categories of workers.

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

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

Article 2 of the Convention. Coverage of occasional and temporary workers against the risk of employment injury. The Committee requests the Government to refer to the observation that it is making under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).

[The Government is asked to reply in detail to the present comments in 2008.]

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

Article 5 of the Convention. Provision of certain benefits abroad in the absence of reciprocity agreements or social security agreements. With reference to its previous comments, the Committee notes that under the terms of section 44, as amended, of the Legislative Decree of 22 August 1974 respecting the organization of social security, benefits provided by the social security may only be provided abroad where there are reciprocity agreements or international agreements concluded for this purpose. In this respect, the sole instance of cases in which social security benefits may be provided abroad is the general social security agreement between the Republic of Burundi, the Republic of Rwanda and the Democratic Republic of the Congo concluded in 1978 in the context of the Economic Community of the Great Lakes Countries (ECGLC).

The Committee therefore understands that Convention No. 118 is not considered as an international agreement within the meaning of the above provision and that, in practice, benefits are not paid on this basis to beneficiaries residing abroad. The Committee wishes to recall in this respect that by ratifying the present Convention and accepting the obligations for branches (d), (e), (f) and (g) the Government undertook, in accordance with Article 5 of the Convention, to guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the corresponding branch, as well as to refugees and stateless persons, when they are resident abroad, provision of invalidity benefit, old-age benefit, survivors’ benefit and death grants, and employment injury pensions, without any condition of reciprocity and irrespective of the country of residence of the beneficiary, even in the absence of bilateral or multilateral social security agreements. The Committee therefore requests the Government to reconsider the situation with a view to giving full effect to the Convention on this point in both law and practice.

The Committee further notes that, according to the information provided by the Government, that there are a number of workers in the country who are nationals of countries which are parties to the Convention and it would be grateful if the Government would continue providing information on any newly concluded agreement with States that have accepted the obligations of the present Convention for the corresponding branches with a view to the maintenance of acquired rights and rights in course of acquisition, in accordance with Articles 7 and 8 of the Convention.

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

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee notes from the information provided by the Government that the purpose of Act No. 06/2003 of 22 March 2003 was to amend and supplement certain provisions of the Legislative Decree of 22 August 1974 organizing social security. Following this amendment, section 2 of the above Legislative Decree provides, as it did previously, for the need to determine by ministerial order the arrangements under which apprentices and casual and temporary workers may benefit from the social security scheme in relation, among other matters, to compensation for employment injury. This provision also now indicates that the above order shall be made following the proposals put forward in this respect by the Executive Board of the Social Fund (CACS). In this respect, the Government indicates that it has taken due note of the comments that the Committee has been making for several years requesting it to take the necessary measures to extend protection against employment injury to apprentices and casual and temporary workers, in accordance with Article 2 of the Convention. It adds that it will make efforts to adopt the text concerned. The Committee notes this information and would be grateful if the Government would indicate in its next report whether, since 2003, the CACS has undertaken studies or made firm proposals as a basis for the extension of the social security scheme to apprentices and casual workers, or whether such studies or proposals are planned. It expresses the firm hope that in its next report the Government will be in a position to indicate the tangible progress achieved in the extension of the national legislation respecting employment injury to the above categories of workers.

[The Government is asked to reply in detail to the present comments in 2008.]

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

In reply to the Committee’s previous comments, the Government confines itself to indicating that the information contained in its last report remains unchanged. The report also refers to statistics on the approximate numbers of foreign nationals on the national territory which, unfortunately, have not been received by the ILO.

The Committee hopes that the necessary measures will be taken in the near future to give full effect to Article 5 of the Convention in relation to branches (d), (e), (f), and (g). It once again requests the Government to confirm its previous statement that Convention No. 118 is in principle regarded as an international convention within the meaning of section 44 of the Legislative Decree of 22 August 1974 to organize social security, as amended by Act No. 32/1988 of 12 October 1988, which provides that benefits are suspended when the beneficiary does not reside within the national territory, except in cases of reciprocity agreements or international conventions. Please also indicate whether the payment of benefits to beneficiaries resident abroad is made on this basis in practice.

Furthermore, the Committee would be grateful if the Government would continue to provide information on any new agreements concluded with States which have accepted the obligations of the Convention for the branch or branches in question (Uganda is not one of these States) with a view to ensuring the maintenance of acquired rights or rights in course of acquisition, in accordance with Articles 7 and 8 of the Convention.

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

In its previous comments, the Committee drew the Government’s attention to the fact that the order specifying measures for the application of the Legislative Decree of 22 August 1974 regarding the organization of social security in respect of apprentices and daily, occasional and temporary workers had still not been adopted. The Government indicates in its report that this order should be issued in the near future to permit these workers to benefit from the right to social security in the same way as other workers. The Committee notes this information and hopes that the Government’s next report will indicate the adoption of the order envisaged in section 2 of the above Legislative Decree so as to secure for temporary and occasional agricultural workers the protection afforded by the legislation in the event of employment injury.

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

The Committee notes the information provided by the Government in its last report, and particularly on the adoption of the new Labour Code (Act No. 51/2001 of 30 December 2001). It notes with satisfaction that, in contrast with the Labour Code of 1967, the new Labour Code does not exclude agricultural workers from its scope. The latter can therefore henceforth be covered by the social security scheme, in accordance with section 2(a) of the Legislative Decree of 22 August 1974 organizing the social security scheme, which provides benefits in the event of employment accidents and occupational diseases.

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

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

In reply to the Committee's previous comments, the Government states that agricultural wage earners, including daily and temporary workers, will only be covered by a compensation scheme for accidents after the adoption of two draft texts, one amending the Labour Code and the other revising the Legislative Decree of 1974 regarding the organization of social security. The first draft text is currently under examination by the Transitional National Assembly and the second is under discussion by the Council of Ministers. The Committee notes this information. It trusts that the Government will not fail to take all the necessary measures for the adoption of the above draft texts to ensure that agricultural wage earners (including daily, temporary and casual workers) enjoy the protection guaranteed by this Convention, which was ratified by Rwanda over 35 years ago. The Committee requests the Government to indicate any progress achieved in this respect.

[The Government is asked to report in detail in 2002.]

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

Article 2 of the Convention. The Committee notes the information provided by the Government in its report. It notes with regret that the Order to determine the means of applying the Legislative Decree of 22 August 1974, respecting the organization of the social security system to apprentices and to casual and temporary workers has still not been adopted. It also notes that reference is no longer made to the draft Ministerial Order mentioned in the Government's previous reports. The Committee recalls that it has been drawing the Government's attention for over 20 years to the need to extend the laws and regulations respecting the compensation of industrial accidents to apprentices and to casual and temporary workers, in accordance with Article 2 of the Convention. In these conditions, it trusts that the Government will not fail to take all the necessary measures for the adoption of the above Order, so as to give full effect to this provision of the Convention.

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

Article 5 of the Convention. In its earlier comments, the Committee requested the Government to confirm its previous statement to the effect that Convention No. 118 is in principle regarded as an international Convention within the meaning of section 44 of Legislative Decree of 22 August 1974 to organize social security, as amended by Act No. 32/1988 of 12 October 1988, which provides that benefits are suspended when the beneficiary does not reside within the national territory except in the case of reciprocity agreements or international Conventions. It also asked whether payments to beneficiaries residing abroad were indeed made on this basis. The Committee notes that in its last report, the Government appears to revise that statement by citing the above-mentioned section 44 as referring only to bilateral Conventions. In this context, the Government refers to the social security Convention of the Great Lakes Countries (CPGL); it also specifies that talks are under way with Uganda with a view to achieving reciprocity in the area of social security.

The Committee would like to remind the Government that by ratifying the present Convention and accepting the ensuing obligations in respect of the social security branches (d), (e), (f), and (g), it has also, under the terms of Article 5 of the Convention, committed itself to guaranteeing, both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branches in question, and to refugees and stateless persons, provision of invalidity benefits, old-age benefits, survivors' benefits, death grants, and employment injury pensions, without any condition of reciprocity and irrespective of the beneficiary's country of residence, even in the absence of bilateral or multilateral social security agreements. The Committee therefore requests the Government to review the situation with a view to ensuring full application of the Convention in this area, in law and in practice.

Furthermore, the Committee would be grateful if the Government would continue to provide information on any new agreement entered into with States that have accepted the obligations under the present Convention for the branches in question (Uganda is not one of these States) with a view to ensuring the maintenance of acquired rights and rights in course of acquisition, in accordance with Articles 7 and 8 of the Convention.

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

In reply to the Committee's previous comments, the Government reports that the draft Labour Code of May 1997 will include agricultural workers in its scope of application. As a result, once the draft text is adopted, the affiliation of agricultural workers to the social security scheme, in accordance with section 2(a) of the Legislative Decree of 22 August 1974 (regarding the organization of social security), will no longer pose a problem. The Government also indicates that temporary, daily and occasional workers are no longer excluded from the social security scheme since the new draft Labour Code will amend the above Legislative Decree of 22 August 1974 by repealing section 2(b) of this Legislative Decree.

The Committee notes this information with interest. It trusts that in the very near future the Government will adopt this draft Labour Code so that all agricultural employees, including temporary, daily and occasional workers, are covered by a compensation scheme for accidents at work in accordance with Article 1 of the Convention. The Committee requests the Government to indicate any progress made in this respect.

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

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:

Article 5 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that Convention No. 118 is, in principle, regarded as an international Convention within the meaning of section 44 of the Legislative Decree of 22 August 1974 to organize social security, as amended by Act No. 32/1988 of 12 October 1988, which provides that benefits are suspended when the beneficiary does not reside within the national territory, except in the case of reciprocity agreements or international conventions. It asks the Government to confirm in its next report that this is indeed the case and that payments to beneficiaries residing abroad are made on this basis.

Articles 7 and 8. The Committee notes that, since the signature in 1978 of the general social security convention of the Economic Community of the Great Lakes Countries (CEPGL), Rwanda has concluded no reciprocity agreements or conventions on social security. It would be grateful if the Government would continue to provide information in its future reports on any new agreement concluded with States that have accepted the obligations of the present Convention for the relevant branches with a view to maintaining acquired rights or rights in course of acquisition.

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

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

In reply to the Committee's previous comments, the Government indicates that studies are at an advanced stage for the improvement of the conditions of agricultural workers, temporary workers and day workers at the level of both public authorities and employers' and workers' organizations. The Committee notes this information. It hopes that the Government will be able, in accordance with the Convention and the assurances it has been giving for over ten years, to take appropriate measures, in the light of the results of these studies and with ILO assistance if necessary, to explicitly extend the application of the Legislative Decree of 20 August 1974 (on the organization of social security) to all agricultural workers, including day workers and temporary workers. The Committee asks the Government to indicate progress made in this respect.

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

Article 5 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that Convention No. 118 is, in principle, regarded as an international Convention within the meaning of section 44 of the Legislative Decree of 22 August 1974 to organize social security, as amended by Act No. 32/1988 of 12 October 1988, which provides that benefits are suspended when the beneficiary does not reside within the national territory, except in the case of reciprocity agreements or international conventions. It asks the Government to confirm in its next report that this is indeed the case and that payments to beneficiaries residing abroad are made on this basis.

Articles 7 and 8. The Committee notes that, since the signature in 1978 of the general social security convention of the Economic Community of the Great Lakes Countries (CEPGL), Rwanda has concluded no reciprocity agreements or conventions on social security. It would be grateful if the Government would continue to provide information in its future reports on any new agreement concluded with States that have accepted the obligations of the present Convention for the relevant branches with a view to maintaining acquired rights or rights in course of acquisition.

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

In reply to the Committee's previous comments, the Government indicates that studies are at an advanced stage for the improvement of the conditions of agricultural workers, temporary workers and day workers at the level of both public authorities and employers' and workers' organizations. The Committee notes this information. It hopes that the Government will be able, in accordance with the Convention and the assurances it has been giving for over ten years, to take appropriate measures, in the light of the results of these studies and with ILO assistance if necessary, to explicitly extend the application of the Legislative Decree of 20 August 1974 (on the organization of social security) to all agricultural workers, including day workers and temporary workers. The Committee asks the Government to indicate progress made in this respect.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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

The Committee takes note of the Government's first report. It would be grateful if the Government would provide detailed information on the following points in its next report:

Article 5 of the Convention (in conjunction with Article 10). The Committee notes that under section 44 of the Legislative Decree of 22 August 1974 organizing social security, as amended by Act No. 32/1988 of 12 October 1988, benefits are suspended when the beneficiary does not reside in the national territory, except in the case of reciprocity agreements or international conventions. It asks the Government to state whether Convention No. 118 is considered as an international convention within the meaning of this section of the Legislative Decree. In this connection, the Committee would like to remind the Government that by ratifying the present Convention and accepting its obligations in respect of branches (d), (e), (f) and (g), the Government undertook to guarantee, in the event of residence abroad, the provision of invalidity benefits, old age benefits, survivor's benefits and death grants, and employment injury pensions, both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branches in question, as well as to refugees and stateless persons, without any condition of reciprocity and whatever the beneficiary's country of residence, even in the absence of bilateral or multilateral social security agreements.

Articles 7 and 8. The Committee notes that according to section 56 of the above-mentioned Legislative Decree, the conclusion of reciprocity agreements or conventions shall be sought with States in which nationals of Rwanda are employed or whose nationals are engaged in occupational activities in Rwanda. It notes in this connection that Rwanda is a party to the general social security convention of the Economic Community of the Great Lakes Countries (CEPGL), concluded in 1978 with Burundi and Zaire. The Committee would be grateful if the Government would continue to supply information in its future reports on any new agreement concluded with States that have accepted the obligations of the present Convention in respect of the relevant branches with a view to the maintenance of acquired rights or rights in the course of acquisition.

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

In reply to the Committee's previous comments, the Government recalls that although agricultural workers are not covered by a special occupational accident compensation scheme or formally protected by social security legislation, no distinction is made, in practice, between agricultural and other workers. The Government none the less adds that it has taken due note of the proposal that it should request technical assistance from the International Labour Office on this matter and that a formal request should shortly be submitted to the Office.

The Committee takes note of this information. It trusts that, with the Office's assistance and in accordance with the assurances it has been giving for over ten years, the Government will be able to take the necessary measures to bring the national legislation into line with the Convention at an early date by explicitly extending the scope of the Legislative Decree of 22 August 1974 (organizing social security) to all agricultural workers, including day workers and temporary workers.

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

The Committee is bound to observe from the information communicated by the Government in reply to its previous comments, that the necessary legislative measures to formally extend the scope of the Legislative Decree of 22 August 1974 (organising social security) to all agricultural wage-earners, including dayworkers and temporary workers, have still not been adopted. It notes, however, the Government's statement that radical changes in this area are envisaged in the context of the labour legislation reform requested by the World Bank as part of the Structural Adjustment Programme being implemented in Rwanda since October 1990.

The Committee therefore trusts that the Government will do its utmost to ensure that the national legislation is brought formally into line with the Convention which was ratified 30 years ago, by explicitly extending the scope of the above-mentioned Legislative Decree to all agricultural workers, including dayworkers and temporary workers. In this connection, the Committee suggests that the Government might wish to avail itself of technical assistance from the International Labour Office.

[The Government is asked to report in detail for the period ending 30 June 1992.]

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

Article 2 of the Convention. The Committee notes with regret that, according to the Government's reply to its previous comments, the draft Ministerial Order to determine the means of applying to apprentices the Legislative Decree of 22 August 1974 on the organisation of the social security scheme has still not been adopted, although the matter has been submitted to the technical bodies concerned.

The Committee points out in this connection that it has been commenting for over 15 years on the need to extend the statutory provisions respecting the compensation of industrial accidents to apprentices and that even in its report for the period 1973-75 the Government indicated that a draft Ministerial Order was being prepared. In these circumstances, the Committee is bound once again to hope that the above draft Ministerial Order will be adopted in the near future in order to give full effect to Article 2 of the Convention, which provides that the laws and regulations as to workmen's compensation shall apply to workmen, employees and apprentices. It requests the Government to indicate any progress achieved in this respect in its next report and to transmit the text of the Ministerial Order when it has been adopted.

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

The Committee notes the information supplied by the Government in its report. It regrets to note that no progress has been made in extending the scope of the Legislative Decree of 22 August 1974 (organising social security) to all agricultural workers, including day labourers and temporary workers.

In its report, the Government states that, while being aware of the time that has passed (27 years) since the ratification of the Convention, structural and technical difficulties have constantly delayed the implementation of the provisions of the above instrument and the repeal of section 186 of the national Labour Code which excludes agricultural workers from its scope, with the result that they are not subject to the Legislative Decree of 22 August 1974, organising social security. However, since in practice contracted workers who have undertaken to put their occupational activity at the service of an enterprise or an institution of an agricultural nature are in practice subject to the Labour Code, these contracted workers are also in practice covered by the social security scheme that is in force. As for day labourers, who are essentially engaged for the short period necessary to carry out work according to the season, in certain cases they are subject to the social security system and, in other cases, their employer takes out a collective insurance policy for them with an insurance company against physical injury, although, it must be recognised, many of them are not protected. The Government is therefore in the process of seeking the ways and means of resolving this question, taking into account the economic situation.

The Committee notes this information. While being aware of the difficulties referred to, it is bound once again to hope that measures will also be taken at the legislative level in order to bring the national legislation formally into conformity with the Convention by explicitly extending the scope of the above Legislative Decree to all agricultural workers, including day labourers and temporary workers. [The Government is asked to report in detail for the period ending 30 June 1991.]

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

The Committee notes the information provided by the Government in its report. It notes with regret that the draft Ministerial Order to determine the means of applying to apprentices the Legislative Decree of 22 August 1974 on the organisation of the social security scheme has still not been adopted. It hopes that this draft Decree will soon be adopted in order to give full effect to Article 2 of the Convention and requests the Government to indicate any progress achieved in this connection in its report. [The Government is asked to report in detail for the period ending 30 June 1990.]