Safety Provisions (Building) Convention, 1937 (No. 62) - Rwanda (RATIFICATION: 1962)

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. New legislation and regulations. The Committee notes the Government’s indication that the Rwanda Building Control Regulations, established in May 2012 by the Ministry of Infrastructure in collaboration with the Rwanda Housing Authority, contain many provisions of the repealed Ordinance No. 21/94 of 23 July 1953 regulating occupational safety in the building industry, and that any remaining legal voids will be addressed through the ongoing review of Act No. 13/2009 regulating labour in Rwanda and its application orders, and of Ministerial Order No. 02 of 17 May 2012 determining general conditions for occupational safety and health. However, the Committee notes that the Government does not indicate the specific provisions of the Building Control Regulations which give effect to the Convention and is therefore unable to effectively appreciate if these Regulations address the legal voids concerned. The Committee requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which ensure the application of the general rules set forth in Parts II to IV of the Convention. It also requests the Government to take immediate action to fill the legal voids still remaining following the abrogation of Ordinance No. 21/94 and to provide information on any developments in this regard.

Articles 4 and 6. Labour inspection and statistical information. Application in practice. The Committee notes the Government’s indication that a comprehensive exercise for the establishment of a country profile on occupational safety and health was concluded in 2012. It further notes that, despite the Government’s indication, the 2013 report on labour inspection and the report containing updated statistical information on occupational accidents have not been provided. The Committee also refers the Government to its comments relating to the application of the Labour Inspection Convention, 1947 (No. 81). The Committee therefore once again reminds the Government of its obligations under Article 6 of the Convention and requests the Government to ensure that its next report includes statistical information relating to the number and classification of accidents occurring to persons occupied in work within the scope of this Convention, and any other information relevant to the application of this Convention in practice. The Committee also requests the Government to provide further information on the 2012 country profile on occupational safety and health and to communicate a copy with its next report.

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

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Article 1 of the Convention. New legislation and regulations. The Committee notes the Government’s indication that the Rwanda Building Control Regulations, established in May 2012 by the Ministry of Infrastructure in collaboration with the Rwanda Housing Authority, contain many provisions of the repealed Ordinance No. 21/94 of 23 July 1953 regulating occupational safety in the building industry, and that any remaining legal voids will be addressed through the ongoing review of Act No. 13/2009 regulating labour in Rwanda and its application orders, and of Ministerial Order No. 02 of 17 May 2012 determining general conditions for occupational safety and health. However, the Committee notes that the Government does not indicate the specific provisions of the Building Control Regulations which give effect to the Convention and is therefore unable to effectively appreciate if these Regulations address the legal voids concerned. The Committee requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which ensure the application of the general rules set forth in Parts II to IV of the Convention. It also requests the Government to take immediate action to fill the legal voids still remaining following the abrogation of Ordinance No. 21/94 and to provide information on any developments in this regard.

Articles 4 and 6. Labour inspection and statistical information. Application in practice. The Committee notes the Government’s indication that a comprehensive exercise for the establishment of a country profile on occupational safety and health was concluded in 2012. It further notes that, despite the Government’s indication, the 2013 report on labour inspection and the report containing updated statistical information on occupational accidents have not been provided. The Committee also refers the Government to its comments relating to the application of the Labour Inspection Convention, 1947 (No. 81). The Committee therefore once again reminds the Government of its obligations under Article 6 of the Convention and requests the Government to ensure that its next report includes statistical information relating to the number and classification of accidents occurring to persons occupied in work within the scope of this Convention, and any other information relevant to the application of this Convention in practice. The Committee also requests the Government to provide further information on the 2012 country profile on occupational safety and health and to communicate a copy with its next report.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Legislation. The Committee notes the information provided by the Government in its report and, while it notes the adoption of Ministerial Order No. 01 of 17 May 2012 determining modalities for the establishment (or creation) and operation of occupational health and safety committees and Ministerial Order No. 02 of 17 May 2012 determining general conditions for occupational health and safety, it also notes that these orders do not include provisions to give effect to the majority of the Articles of this Convention. The Committee welcomes the Government’s inclusion of translated copies of these new instruments in its report. The Government also indicates its intention to denounce this Convention and ratify the Safety and Health in Construction Convention, 1988 (No. 167). The Committee asks the Government to keep the Office informed of any developments in this respect, and to continue to provide information on any legislative changes undertaken concerning the application of the Convention.

Article 1 of the Convention. The Committee notes that sections 12, 28 and 38 of Ministerial Order No. 2 give effect to Article 10(3) and (4) and Article 16, and that while section 21 deals with hoists and lifts, it does not give full effect to the specific requirements of Articles 11 to 15. The Committee notes that the remaining Articles of the Convention are not addressed in the attached legislation. Recalling that Ordinance No. 21/94 of 23 July 1953 regulating occupational safety in the building industry was repealed in 2001, the Committee reiterates its request that the Government take urgent action to fill the legal void created by this abrogation. It again reminds the Government that the Office is available to provide relevant technical assistance to the Government to assist in its efforts to bring national law and practice into conformity with the Convention.

Articles 4 and 6, in conjunction with Part V of the report form. Labour inspection, statistical information and application in practice. The Committee welcomes the information provided by the Government on the comprehensive exercise currently underway to establish a country profile on occupational safety and health. The Government indicates that this profile will provide statistical information in relation to the number and classification of accidents, including those relevant to workers in the informal economy. The Committee also refers the Government to its comments relating to the application of the Labour Inspection Convention, 1947 (No. 81). Recalling that the most recent statistical information received from the Government in relation to the practical application of this Convention is dated from 2003, the Committee accordingly reminds the Government of its obligations under Article 6 of the Convention. The Committee requests the Government to ensure that its next report includes statistical information relating to the number and classification of accidents occurring to persons occupied in work within the scope of this Convention, and any other information relevant to the application of this Convention in practice.

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

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Legislation. The Committee notes the information provided by the Government in its report and, while it notes with interest the adoption of Ministerial Order No. 01 of 17 May 2012 determining modalities for the establishment (or creation) and operation of occupational health and safety committees and Ministerial Order No. 02 of 17 May 2012 determining general conditions for occupational health and safety, it also notes that these orders do not include provisions to give effect to the majority of the Articles of this Convention. The Committee welcomes the Government’s inclusion of translated copies of these new instruments in its report. The Government also indicates its intention to denounce this Convention and ratify the Safety and Health in Construction Convention, 1988 (No. 167). The Committee asks the Government to keep the Office informed of any developments in this respect, and to continue to provide information on any legislative changes undertaken concerning the application of the Convention.

Article 1 of the Convention. The Committee notes that sections 12, 28 and 38 of Ministerial Order No. 2 give effect to Article 10(3) and (4) and Article 16, and that while section 21 deals with hoists and lifts, it does not give full effect to the specific requirements of Articles 11 to 15. The Committee notes that the remaining Articles of the Convention are not addressed in the attached legislation. Recalling that Ordinance No. 21/94 of 23 July 1953 regulating occupational safety in the building industry was repealed in 2001, the Committee reiterates its request that the Government take urgent action to fill the legal void created by this abrogation. It again reminds the Government that the Office is available to provide relevant technical assistance to the Government to assist in its efforts to bring national law and practice into conformity with the Convention.

Articles 4 and 6, in conjunction with Part V of the report form. Labour inspection, statistical information and application in practice. The Committee welcomes the information provided by the Government on the comprehensive exercise currently underway to establish a country profile on occupational safety and health. The Government indicates that this profile will provide statistical information in relation to the number and classification of accidents, including those relevant to workers in the informal economy. The Committee also refers the Government to its comments relating to the application of the Labour Inspection Convention, 1947 (No. 81). Recalling that the most recent statistical information received from the Government in relation to the practical application of this Convention is dated from 2003, the Committee accordingly reminds the Government of its obligations under Article 6 of the Convention. The Committee requests the Government to ensure that its next report includes statistical information relating to the number and classification of accidents occurring to persons occupied in work within the scope of this Convention, and any other information relevant to the application of this Convention in practice.

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

Repetition

National legislation. The Committee notes the information in the Government’s report regarding the application of section 3 and Title V of Law No. 13/2009 of 27 May 2009 to workers in the informal economy. The Committee also notes that the process of drafting a Ministerial Order on health and safety at the workplace in the building industry to fill the legal void created by the abrogation in 2001 of Ordinance No. 21/94 of 23 July 1953 is still ongoing. Concerned about the current situation, the Committee urges the Government to take relevant action without further delay. It would like to inform the Government that the Office is available to provide relevant technical assistance to the Government to assist it in its efforts to bring national law and practice into conformity with this Convention and requests the Government to transmit a copy of any new legislation once it has been adopted.

Articles 4 and 6 of the Convention, in conjunction with Part V of the report form. On taking note of the Government’s reply, the Committee looks forward to receiving the Government’s annual report on the latest statistical information in relation to the number and classification of accidents, including those relevant to workers in the informal economy. The Committee also notes that the Government has indicated that it is in the process of raising the awareness and building the capacity of the labour inspectors. The Committee asks the Government to provide information on this process and any supporting legislative provisions.

Revision of this Convention. The Committee would also like to draw the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. The ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on all possible developments in this respect.

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

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National legislation. The Committee notes with interest the information in the Government’s report regarding the application of section 3 and Title V of Law No. 13/2009 of 27 May 2009 to workers in the informal economy. The Committee also notes that the process of drafting a Ministerial Order on health and safety at the workplace in the building industry to fill the legal void created by the abrogation in 2001 of Ordinance No. 21/94 of 23 July 1953 is still ongoing. Concerned about the current situation, the Committee urges the Government to take relevant action without further delay. It would like to inform the Government that the Office is available to provide relevant technical assistance to the Government to assist it in its efforts to bring national law and practice into conformity with this Convention and requests the Government to transmit a copy of any new legislation once it has been adopted.

Articles 4 and 6 of the Convention, in conjunction with Part V of the report form. On taking note of the Government’s reply, the Committee looks forward to receiving the Government’s annual report on the latest statistical information in relation to the number and classification of accidents, including those relevant to workers in the informal economy. The Committee also notes that the Government has indicated that it is in the process of raising the awareness and building the capacity of the labour inspectors. The Committee asks the Government to provide information on this process and any supporting legislative provisions.

Revision of this Convention. The Committee would also like to draw the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. The ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on all possible developments in this respect.

[The Government is asked to reply in detail to the present comments in 2011.]

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

The Committee notes the adoption of Act No. 51/2001 of 30 December 2001 issuing the Labour Code. It notes in particular that section 198 of the Code repeals the orders implementing the Act of 28 February 1987 issuing the Labour Code. Ordinance No. 21/94 of 23 July 1953, referred to in the Government’s report as the text regulating occupational safety in the building industry, has been repealed. Centre of Workers’ Unions of Rwanda (CESTRAR) likewise mentions in its comments that the abovementioned Ordinance appears to have been repealed, which leaves a legal void since it was the only text governing health and safety at work in the building industry. The Government states in this connection that the provisions that are not inconsistent with the 2001 Labour Code remain in force. It indicates, however, that it is in the process of drafting orders to implement section 135 of the new Labour Code. The Committee therefore hopes that in order to fill the legal vacuum and avoid any ambiguity, the Government will promptly take the necessary steps to draft and enact a regulatory text to apply the provisions of this Convention. It requests the Government to provide a copy of it as soon as it is adopted.

Articles 4 and 6 of the Convention, in conjunction with Part V of the report form. The Committee notes the labour inspectorate’s report for 2003 on public buildings and works. It notes the information supplied by the Government, and confirmed by CESTRAR, that most workers in the building sector are day labourers and casual workers, but do not appear in the files of the labour inspectorate which contain the names only of permanent workers. This is because employers have no obligations to day labourers or casual workers other than a daily remuneration. The Committee therefore observes that the data in the report of the labour inspectorate do not reflect the real situation of the safety and health of workers employed in this sector. The Government indicates that in view of these circumstances inspection visits will be increased. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the activities of the inspectorate cover all workers employed in the building industry and that, as a result, inspection reports cover not only permanent workers, but also day labourers and casual workers, who appear to make up the majority of the workers in this sector. The Committee recalls in this connection that it can assess the manner in which practical effect is given to the Convention in Rwanda only on the basis of information that covers all workers, regardless of the type of contracts they hold. The Committee notes that according to CESTRAR, the labour inspectorate lacks the capacity and means to carry out its work effectively because in Rwanda there is currently a boom in building and the construction sector in general. The Government indicates that efforts are under way to strengthen the capacity of the labour inspectorate. The Committee accordingly asks the Government to provide details of the measures taken or envisaged in this regard.

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

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The Committee takes note of the Government’s report. It notes the comments of the Workers’ Trade Union Confederation of Rwanda (CESTRAR) and the Government’s reply thereto.

1. The Committee notes the adoption of Act No. 51/2001 of 30 December 2001 issuing the Labour Code. It notes in particular that section 198 of the Code repeals the orders implementing the Act of 28 February 1987 issuing the Labour Code. Ordinance No. 21/94 of 23 July 1953, referred to in the Government’s report as the text regulating occupational safety in the building industry, has been repealed. CESTRAR likewise mentions in its comments that the abovementioned Ordinance appears to have been repealed, which leaves a legal void since it was the only text governing health and safety at work in the building industry. The Government states in this connection that the provisions that are not inconsistent with the 2001 Labour Code remain in force. It indicates, however, that it is in the process of drafting orders to implement section 135 of the new Labour Code. The Committee therefore hopes that in order to fill the legal vacuum and avoid any ambiguity, the Government will promptly take the necessary steps to draft and enact a regulatory text to apply the provisions of this Convention. It requests the Government to provide a copy of it as soon as it is adopted.

2. Articles 4 and 6 of the Convention, in conjunction with Part V of the report form. The Committee notes the labour inspectorate’s report for 2003 on public buildings and works. It notes the information supplied by the Government, and confirmed by CESTRAR, that most workers in the building sector are day labourers and casual workers, but do not appear in the files of the labour inspectorate which contain the names only of permanent workers. This is because employers have no obligations to day labourers or casual workers other than a daily remuneration. The Committee therefore observes that the data in the report of the labour inspectorate do not reflect the real situation of the safety and health of workers employed in this sector. The Government indicates that in view of these circumstances inspection visits will be increased. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the activities of the inspectorate cover all workers employed in the building industry and that, as a result, inspection reports cover not only permanent workers, but also day labourers and casual workers, who appear to make up the majority of the workers in this sector. The Committee recalls in this connection that it can assess the manner in which practical effect is given to the Convention in Rwanda only on the basis of information that covers all workers, regardless of the type of contracts they hold. The Committee notes that according to CESTRAR, the labour inspectorate lacks the capacity and means to carry out its work effectively because in Rwanda there is currently a boom in building and the construction sector in general. The Government indicates that efforts are under way to strengthen the capacity of the labour inspectorate. The Committee accordingly asks the Government to provide details of the measures taken or envisaged in this regard.

3. The Committee notes CESTRAR’s indication deploring that the Minister in charge of social security has not yet issued an order setting specific arrangements for casual workers and day labourers. In the absence of such an order, this category of workers has no compensation for industrial accidents. The Government affirms that such an order is a necessity and indicates that one is being drafted. Day labourers or casual workers who sustain occupational injury will be able to seek compensation with the ordinary courts. The Committee takes due note of this information.

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The Committee notes the information communicated by the Government in its latest report.

Article 6 of the Convention. The Committee notes the information included in the report received in 2001 of the number of persons engaged in the building sector, not including casual and day-labourers, for 1991 and the number and classification of occupational accidents. The Committee requests the Government to supply recent data as far as possible. It also recalls that in addition to the number and classification of accidents, the Government is requested to give as detailed information as possible respecting the number of persons occupied in the building industry and covered by the statistics.

Article 4 and Part V of the report form. The Committee notes the absence of an inspection report. It requests the Government once again to indicate the manner in which the Convention is applied and to include extracts, relating to the building industry, from the reports of the inspection services, information regarding the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, the number, nature and causes of accidents reported, etc.

The Committee notes the draft new Labour Code intended to replace the 1967 Labour Code which is currently in force. It notes in particular that, in the field of industrial health and safety, section 136 of the draft provides that the Minister responsible for labour shall regulate by order the general and specific conditions concerning workers’ health and safety at the workplace. The Committee notes that by virtue of section 199 of this draft Labour Code all previous legal and regulatory provisions contrary to the Act, particularly the Act of 28 February 1967 issuing the Labour Code as modified or supplemented to date and the orders adopted to implement it, will be repealed.

Bearing in mind these provisions of the draft Labour Code along with the changes in the Labour Code (1967), and particularly Order No. 21/94 of 23 July 1953, to which the Government always refers as being a standard applicable in industrial safety for the building industry, the Committee hopes, first, that the Government will take all the measures necessary to adopt in the near future the abovementioned draft Labour Code and that, secondly, the Government will take the necessary measures during the transition period to speedily adopt provisions that will apply the Articles of the Convention and will maintain temporarily in force the provisions that have not yet been replaced in order to avoid any legal vacuum and consequent lack of protection of workers in the building sector.

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Article 6 of the Convention. In its general observation of 1988 on this Article of the Convention, the Committee had reminded governments of the obligation to send to the Office the most recent statistical information on the number and classification of accidents affecting persons engaged in work covered by it. Since no new pertinent information arrived with the Government's last report received in June 1995 the Committee is obliged, once again, to draw the Government's attention to the fact that, by virtue of this Article, all member States ratifying the Convention undertake to supply the statistical data mentioned. It hopes that the Government will be in a position to supply, in the near future, the information required by this Article of the Convention.

Referring to its previous comments, the Committee requests the Government to provide extracts of inspection reports and information on the number and the nature of infringements recorded (point V of the report form) so as to have general indications of the manner in which the Convention is applied in practice.

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The Committee has taken note of the information supplied by the Government in its report.

1. The Committee refers to the general observation it made in 1988 on Article 6 of the Convention (cf. International Labour Conference, 75th Session, Report III, Part A, p. 115). In response to that observation, the Government states that the services responsible for these statistics have to contend with structural, technical, material and human difficulties that limit their action. Many of the items of statistical information mentioned in the report and an analytical survey of those items are lacking. The information itself is often incomplete and not detailed.

The Committee takes note of this statement by the Government and hopes that the Government will nevertheless be able to supply in its next report the information required by this article of the Convention.

2. The Committee asks the Government to supply with its next report extracts from inspection reports and information regarding the number and nature of the contraventions reported in accordance with Part V of the report form on the Convention.