Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Rwanda

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2018)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2018)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Convention No. 155 (occupational safety and health) and Convention No. 187 (promotional framework for OSH) together.

The Committee notes the Government’s first reports on the application of these Conventions.

I.Action at the national level

Articles 1 and 2 of Convention No. 155. Scope. The Committee notes that the Government’s report does not explicitly identify the branch of economic activity excluded, as permitted by Articles 1 and 2 of the Convention. However, the Government refers to section 2 of Law No. 66/2018 of 30 August 2018 regulating labour in Rwanda (the Labour Code), indicating that it applies to: (a) the private sector, (b) the public sector, unless otherwise provided by the general statutes for public service; (c) apprentices, (d) interns, (e) self-employed persons with regard to OSH, and (f) the informal sector employees with regard to OSH. The Committee further notes that the National OSH Policy 2014 applies equally to the public and private sectors, and to the formal and informal sectors. The Committee requests the Government to clarify whether the OSH provisions contained in the Labour Code apply to all branches of the public sector, and if not, to indicate which parts of the public sector are excluded. If any public sector workers are excluded, the Committee requests the Government to indicate the measures taken to ensure adequate OSH protection for these workers.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee notes the ratification by Rwanda, in 2019, of the Labour Administration Convention, 1978 (No. 150). The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify relevant OSH Conventions by the National Labour Council.

National policy

Articles 4 and 7 of Convention No. 155, and Articles 3 and 4(3)(a) of Convention No. 187. National OSH policy. The Committee notes that, under section 3(2) of Prime Minister’s Order No. 087/03 of 14 August 2020, the Ministry of Public Service and Labour (MIFOTRA) is responsible for initiating laws and policies on OSH. It takes note of the National OSH Policy 2014, its primary objective being to reduce the number of work-related accidents and diseases in Rwanda, which “requires the adoption and implementation of a culture of prevention by Government, employers and workers”. The Government indicates that the National OSH Policy 2014 was reviewed in 2019 through the National OSH Strategy, after consultation with the National Labour Council (NLC), the national tripartite consultation body. The Committee further notes the Government’s indication that, in 2019, the national OSH country profile was reviewed. The Committee requests the Government to provide additional information on: (i) the review of the National OSH Policy which took place in 2019, including the consultations with the organizations of workers and employers, as well as on any subsequent reviews; (ii) the activities of the MIFOTRA and the NLC on the review of the OSH policy, including the frequency of the meetings of the NLC in practice, and the OSH issues discussed at the meetings; and (iii) further measures taken to review the situation of OSH and the working environment in the country, either overall or in respect of particular areas, with a view to identifying major problems and effective methods for dealing with them, in conformity with Article 7 of Convention No. 155.

Article 5(e) of Convention No. 155. Spheres of action in the national OSH policy. Protection of workers and their representatives from disciplinary measures. The Committee requests the Government to provide information on whether the National OSH Policy takes into account the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the OSH policy.

National system

Article 4(1) of Convention No. 187. Periodic review of the national system and national legislation. The Committee notes the Government’s indication that its legislation is periodically reviewed in order to achieve decent work in the country. In this regard, the Government refers to the adoption, in 2018, of the new Labour Code, and to the National OSH Strategy 2019, which reviewed the National OSH Policy. Given the importance of progressively developing and periodically reviewing the components of the national OSH system, the Committee encourages the Government to continue to undertake consultations with the most representative organizations of employers and workers on OSH legislation and regulations, with a view to addressing any exclusions or gaps in coverage identified in the legislative framework.

Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. The Committee notes that section 16 of Law No. 30/2012 of 1 August 2012 governing agrochemicals provides that a list of registered and prohibited agrochemicals shall be published in a ministerial order. The Committee further notes that Annex I of Ministerial Order No. 002/11.30 of 14 July 2016 determining regulations governing agrochemicals establishes a list of prohibited agrochemicals, and Annex II establishes a list of registered agrochemicals.The Committee requests the Government to provide further information on how it is ensured that the competent authorities carry out the functions of: (i) the determination of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities, in sectors other than agriculture (Article 11(b)); and (ii) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers, taking into account national conditions and possibilities (Article 11(f)).

Articles 11(c) and (e) of Convention No. 155, and Article 4(3)(f) of Convention No. 187. Collection and analysis of data on occupational injuries and diseases. Production of annual statistics and annual publication of information on measures taken in pursuance of the OSH policy. The Committee notes that the National OSH Policy 2014 provides that the MIFOTRA shall produce and publish periodic reports on the OSH situation in the country. In doing so, the MIFOTRA shall work closely with stakeholders, especially the Rwandan Social Security Board, to facilitate the reporting of key statistical indicators relating to OSH, including rates of occupational deaths, injuries and diseases. The Committee also notes the Government’s indication that, for the collection and analysis of data on occupational injuries and diseases, it makes use of: (a) data from the Rwanda Social Security Board on occupational injuries compensation; (b) data from National Institute of Statistics of Rwanda (NISR) surveys; (c) data from labour inspection, namely the Integrated Labour Administration System (ILAS) which supports data recording, reporting and keeping; and (d) data from different institutions such as Rwanda Mining, Petroleum and Gas Board (RMB). However, the Committee notes that no information is provided on the number of occupational injuries. The Committee therefore requests the Government to provide information on: (i) the measures taken to ensure the production and publication of annual statistics on both occupational accidents and diseases; and (ii) the number of occupational accidents and diseases reported.

Article 12 of Convention No. 155. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference, with respect to Article 12, to Chapter IV of Ministerial Order No. 02 of 17 May 2012 determining conditions for occupational health and safety, but it notes that this Ministerial Order only addresses obligations of the employer, and it recalls that Article 12 concerns the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee therefore requests the Government to provide information on the measures taken, in law and in practice, to determine the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, as set out in clauses (a) (satisfy themselves that the machinery, equipment or substances do not entail dangers to safety and health); (b) (make available information and instructions); and (c) (keep abreast studies and research) of Article 12.

Article 15 of Convention No. 155. Necessary coordination between various authorities and bodies. The Committee notes the information provided by the Government indicating that the MIFOTRA is the government institution with the mandate to promote and coordinate OSH issues. The Committee further notes, from the National OSH Policy 2014, that local government structures (districts, sectors and cells) have the mandate to implement and coordinate government policies and develop programmes at their respective levels. The Policy also identifies inadequate mechanisms for the coordination of OSH activities as a weakness within the OSH system. In addition, the Committee notes that the National OSH Policy plans for the establishment of “an entity in Public and Private sectors with a mandate to coordinate OSH in the country” and a “National OSH Steering Committee in Public and Private Sectors”. In this regard, the Committee notes the Government’s declaration that the National OSH Steering Committee has been established, and that all tripartite constituents are represented. The Committee requests the Government to provide further information on: (i) the functioning in practice of the coordination mechanisms established by the National OSH Policy 2014; (ii) any measures taken to ensure coordination between the different authorities that have inspection and enforcement duties on OSH; and (iii) the activities of the National OSH Steering Committee and its contribution to the implementation of the Convention in the country. Noting that the National OSH Policy also provides for the establishment of an entity in the public and private sectors, mandated to coordinate, the Committee requests the Government to provide information on: (i) whether such an entity has been established; and (ii) how its activities differ from those of the National OSH Steering Committee.

Article 4(3)(d) of Convention No. 187. Occupational health services.The Committee notes the Government’s general declaration that occupational health services are provided by private consultancy services and non-governmental organizations. The Committee requests the Government to provide further information on the provision of occupational health services at the level of the undertaking.

Article 4(3)(g) of Convention No. 187. Collaboration with relevant insurance and social security schemes for occupational injuries and diseases. The Committee notes that Outcome 3 of the National OSH Strategy 2019 aims to enhance the coverage and compensation on occupational injuries, through an increased affiliation coverage to occupation injuries schemes and enhanced compensation for occupation injuries. The Committee requests the Government to provide information on the collaboration between the authorities responsible for OSH and relevant insurance and social security schemes, including in the framework of the National OSH Strategy 2019.

National programme

Article 5(1), 5(2)(c) and 5(3) of Convention No. 187. Formulating, implementing, monitoring, evaluating, periodically reviewing and promoting a national programme on OSH. The Committee takes note of the indication of the Government that the National OSH Strategy 2019 was adopted, in consultation with the NLC, and that it was communicated to the public through a Cabinet Communiqué and various platforms, including the website of the Office of the Prime Minister and the MIFOTRA. The Government adds that the 2019 review of the national OSH country profile informed the contents of National OSH Strategy and its implementing programme. The Committee also notes that the Strategy foresees the development of Joint Annual Action Plans and that, under Outcome VIII.1, monitoring and evaluating mechanisms shall be developed to monitor implementation progress of the Strategy and the Plans. While it takes due note of this information, the Committee notes that no information is provided on the results of the 2019 review or the monitoring mechanisms developed for the Strategy. The Committee requests the Government to provide further information on: (i) the measures taken to implement and monitor the National OSH Strategy and its Joint Annual Action Plans, as well as on the results achieved; and (ii)whether it intends to evaluate the National OSH Strategy 2019, in consultation with the social partners, and how this evaluation will contribute to the formulation of the Strategy for the subsequent period.

Article 5(2)(d) of Convention No. 187. Objectives, targets and indicators of progress. The Committee notes that the OSH Strategy states that stakeholders will collaborate to identify a set of valid and reliable indicators for measuring progress towards the Strategy’s outputs and activities. It also notes that statistical indicators related to work-related diseases and accidents, as well as indicators related to compliance levels, will be used. The Committee requests the Government to provide further information on the indicators selected, that make it possible to evaluate to what extent the objectives of the National OSH Strategy are being achieved, as required by Article 5(2)(d) of the Convention.

Article 5(2)(e) of Convention No. 187. Complementary national programmes. The Committee requests the Government to provide further information on any complementary programmes and plans that assist in progressively achieving a safe and healthy working environment.

II.Action at the level of the undertaking

Articles 13 and 19(f) of Convention No. 155. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. The Committee notes that the legislation currently does not provide for protection from undue consequences when a worker removes himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. In this regard, it notes the Government’s indication that a ministerial order proposing to introduce this protection has been submitted to the competent authority, after consultation with the employers’ and workers’ organizations. The Committee requests the Government to provide information on any progress made towards the adoption of the ministerial order that gives full effect to Articles 13 and 19(f) of the Convention and to provide a copy of the relevant legislation once adopted.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. The Committee notes that the Government refers to section 3 of Ministerial Order No. 02 of 17 May 2012 determining conditions for occupational health and safety, which provides that when there is more than one company or cooperative housed in a single enterprise, each company or cooperative shall have at least one employer’s representative and one employee’s representative in the OSH committee of the enterprise. While it takes due note of this information related to representation on OSH committees, the Committee requests the Government to provide further information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155 to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the OSH requirements.

Article 19(c) of Convention No. 155. Right of workers’ representatives to consult their representative organizations. The Committee notes that the Government refers to sections 30 and 31 of Ministerial Order No. 003/19.20 of 17 March 2020 which provide that representatives of workers shall have the right to receive and request information on the enterprise, including information on OSH. However, it notes that the ministerial order does not clearly state that they shall also have the right to consult with their representative organizations, provided they do not disclose commercial secrets. The Committee therefore requests the Government to provide information on the measures which are in place for workers’ representatives to consult with their representative organizations about the information envisaged in Article 19(c), provided they do not disclose commercial secrets.