Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Rwanda

Convenio sobre la indemnización por accidentes del trabajo (agricultura), 1921 (núm. 12) (Ratificación : 1962)
Convenio sobre la indemnización por accidentes del trabajo, 1925 (núm. 17) (Ratificación : 1962)
Convenio sobre la igualdad de trato (seguridad social), 1962 (núm. 118) (Ratificación : 1989)

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.