Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Rwanda (Ratification: 1962)

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 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 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 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).

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.

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 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 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.

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.

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.]

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 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.]