Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Rwanda (Ratification: 1962)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. In its previous comments, the Committee noted the Government’s commitment to extend the coverage of the social security system to all, including coverage of employment accidents in the formal sector. A legislative reform had been recommended through an organic law establishing an employment injury benefits branch administered by the Social Security Council, which would be mandatory for all workers with an employment contract. In its last report received in May 2012, referring to the national policy on social security established in 2009, the Government reports the adoption of Act No. 45/2010 of 14 December 2010 establishing the Rwandan Social Security Council and the current reform of the pension system, and the existence of a Bill on occupational risks. The Government adds that the issue of the coverage of apprentices and casual workers for occupational risks is envisaged in the new Pensions Act currently under discussion by Parliament. The ministerial order determining the terms of coverage of these categories of workers has been drawn up and will be submitted for approval to the Council of Ministers. The Committee notes this information and hopes that the Government will be in a position to indicate, in its next report, the adoption of the legislation on employment accidents, in compliance with the provisions of Conventions Nos 12 and 17 on employment accidents in industry and agriculture.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. In its previous comments, the Committee noted the Government’s commitment to extend the coverage of the social security system to all, including coverage of employment accidents in the formal sector. A legislative reform had been recommended through an organic law establishing an employment injury benefits branch administered by the Social Security Council, which would be mandatory for all workers with an employment contract. In its last report received in May 2012, referring to the national policy on social security established in 2009, the Government reports the adoption of Act No. 45/2010 of 14 December 2010 establishing the Rwandan Social Security Council and the current reform of the pension system, and the existence of a Bill on occupational risks. The Government adds that the issue of the coverage of apprentices and casual workers for occupational risks is envisaged in the new Pensions Act currently under discussion by Parliament. The ministerial order determining the terms of coverage of these categories of workers has been drawn up and will be submitted for approval to the Council of Ministers. The Committee notes this information and hopes that the Government will be in a position to indicate, in its next report, the adoption of the legislation on employment accidents, in compliance with the provisions of Conventions Nos 12 and 17 on employment accidents in industry and agriculture.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Repetition

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee notes the information provided by the Government in its report, including the law regulating labour in Rwanda, No. 13/2009 of 27 May 2009 (Labour Law) and the National Social Security Policy document of the Ministry of Financing and Economic Planning of February 2009. Section 2 of the new Labour Law provides that this law applies to the labour relations between workers and employers as well as between the latter and the apprentices or the trainees under their authority as per contract. Casual and temporary workers are included in the scope of application by virtue of section 3, while section 47 establishes the obligation of the employer to affiliate workers to the social security scheme. On the basis of the above sections of the newly adopted Labour Law, the Committee notes with satisfaction the extension of the national legislation on the protection against employment injury to apprentices and casual and temporary workers.

The Committee also welcomes the National Social Security document, which provides an analysis of the current social security programme and policy orientations for its improvement with the objective of achieving social security coverage for all. As regards employment injury, the policy document indicates the Government’s commitment to reinforce measures to establish 100 per cent coverage for employment injury of all workers in the formal sector. In the absence of coherent legal texts defining the basic social security framework, the policy document recommends a legal reform through an organic law, which will be guided inter alia by the provision that employment injury benefits are managed by the Rwanda Social Security Board and mandatory for all workers with a formal employment contract. The Committee asks the Government to continue providing information on the progress made in developing a legal framework for the social security system in Rwanda.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee notes the information provided by the Government in its report, including the law regulating labour in Rwanda, No. 13/2009 of 27 May 2009 (Labour Law) and the National Social Security Policy document of the Ministry of Financing and Economic Planning of February 2009. Section 2 of the new Labour Law provides that this law applies to the labour relations between workers and employers as well as between the latter and the apprentices or the trainees under their authority as per contract. Casual and temporary workers are included in the scope of application by virtue of section 3, while section 47 establishes the obligation of the employer to affiliate workers to the social security scheme. On the basis of the above sections of the newly adopted Labour Law, the Committee notes with satisfaction the extension of the national legislation on the protection against employment injury to apprentices and casual and temporary workers.

The Committee also welcomes the National Social Security document, which provides an analysis of the current social security programme and policy orientations for its improvement with the objective of achieving social security coverage for all. As regards employment injury, the policy document indicates the Government’s commitment to reinforce measures to establish 100 per cent coverage for employment injury of all workers in the formal sector. In the absence of coherent legal texts defining the basic social security framework, the policy document recommends a legal reform through an organic law, which will be guided inter alia by the provision that employment injury benefits are managed by the Rwanda Social Security Board and mandatory for all workers with a formal employment contract. The Committee asks the Government to continue providing information on the progress made in developing a legal framework for the social security system in Rwanda.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee notes from the information provided by the Government that the purpose of Act No. 06/2003 of 22 March 2003 was to amend and supplement certain provisions of the Legislative Decree of 22 August 1974 organizing social security. Following this amendment, section 2 of the above Legislative Decree provides, as it did previously, for the need to determine by ministerial order the arrangements under which apprentices and casual and temporary workers may benefit from the social security scheme in relation, among other matters, to compensation for employment injury. This provision also now indicates that the above order shall be made following the proposals put forward in this respect by the Executive Board of the Social Fund (CACS). In this respect, the Government indicates that it has taken due note of the comments that the Committee has been making for several years requesting it to take the necessary measures to extend protection against employment injury to apprentices and casual and temporary workers, in accordance with Article 2 of the Convention. It adds that it will make efforts to adopt the text concerned. The Committee notes this information and would be grateful if the Government would indicate in its next report whether, since 2003, the CACS has undertaken studies or made firm proposals as a basis for the extension of the social security scheme to apprentices and casual workers, or whether such studies or proposals are planned. It expresses the firm hope that in its next report the Government will be in a position to indicate the tangible progress achieved in the extension of the national legislation respecting employment injury to the above categories of workers.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2 of the Convention. Coverage of apprentices and casual and temporary workers against the risk of employment injury. The Committee notes from the information provided by the Government that the purpose of Act No. 06/2003 of 22 March 2003 was to amend and supplement certain provisions of the Legislative Decree of 22 August 1974 organizing social security. Following this amendment, section 2 of the above Legislative Decree provides, as it did previously, for the need to determine by ministerial order the arrangements under which apprentices and casual and temporary workers may benefit from the social security scheme in relation, among other matters, to compensation for employment injury. This provision also now indicates that the above order shall be made following the proposals put forward in this respect by the Executive Board of the Social Fund (CACS). In this respect, the Government indicates that it has taken due note of the comments that the Committee has been making for several years requesting it to take the necessary measures to extend protection against employment injury to apprentices and casual and temporary workers, in accordance with Article 2 of the Convention. It adds that it will make efforts to adopt the text concerned. The Committee notes this information and would be grateful if the Government would indicate in its next report whether, since 2003, the CACS has undertaken studies or made firm proposals as a basis for the extension of the social security scheme to apprentices and casual workers, or whether such studies or proposals are planned. It expresses the firm hope that in its next report the Government will be in a position to indicate the tangible progress achieved in the extension of the national legislation respecting employment injury to the above categories of workers.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 2 of the Convention. The Committee notes the information provided by the Government in its report. It notes with regret that the Order to determine the means of applying the Legislative Decree of 22 August 1974, respecting the organization of the social security system to apprentices and to casual and temporary workers has still not been adopted. It also notes that reference is no longer made to the draft Ministerial Order mentioned in the Government's previous reports. The Committee recalls that it has been drawing the Government's attention for over 20 years to the need to extend the laws and regulations respecting the compensation of industrial accidents to apprentices and to casual and temporary workers, in accordance with Article 2 of the Convention. In these conditions, it trusts that the Government will not fail to take all the necessary measures for the adoption of the above Order, so as to give full effect to this provision of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 2 of the Convention. The Committee notes with regret that, according to the Government's reply to its previous comments, the draft Ministerial Order to determine the means of applying to apprentices the Legislative Decree of 22 August 1974 on the organisation of the social security scheme has still not been adopted, although the matter has been submitted to the technical bodies concerned.

The Committee points out in this connection that it has been commenting for over 15 years on the need to extend the statutory provisions respecting the compensation of industrial accidents to apprentices and that even in its report for the period 1973-75 the Government indicated that a draft Ministerial Order was being prepared. In these circumstances, the Committee is bound once again to hope that the above draft Ministerial Order will be adopted in the near future in order to give full effect to Article 2 of the Convention, which provides that the laws and regulations as to workmen's compensation shall apply to workmen, employees and apprentices. It requests the Government to indicate any progress achieved in this respect in its next report and to transmit the text of the Ministerial Order when it has been adopted.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information provided by the Government in its report. It notes with regret that the draft Ministerial Order to determine the means of applying to apprentices the Legislative Decree of 22 August 1974 on the organisation of the social security scheme has still not been adopted. It hopes that this draft Decree will soon be adopted in order to give full effect to Article 2 of the Convention and requests the Government to indicate any progress achieved in this connection in its report. [The Government is asked to report in detail for the period ending 30 June 1990.]