Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Rwanda (RATIFICATION: 1989)

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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.

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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.

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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.

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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.

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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.

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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.

CMNT_TITLE

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.

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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.

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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.