Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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referred to in the Government’s report as the text regulating occupational safety in the building industry, has been repealed. CESTRAR likewise mentions in its comments that the abovementioned Ordinance appears to have been repealed, which leaves a legal void since it was the only text governing health and safety at work in the building industry.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.