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

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.