Members of Parliament on Monday, March 18, raised concerns regarding the inclusion of unpaid care work in the compensation framework for divorcing couples.
The discussion unfolded as Minister of Gender and Family Promotion, Valentine Uwamariya, presented a proposed new legislation aimed at revising various aspects of divorce, marriage age, matrimonial regimes, family property management, and adoption.
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In particular, concerning divorce matters, the bill aims to establish a mechanism for valuing unpaid care work to ensure compensation during marital separations.
Unpaid work encompasses tasks for which a third party could typically receive payment, including routine household chores, shopping, and caregiving responsibilities such as childcare and tending to the sick.
According to the 2022 baseline survey conducted by UN Women Rwanda, women, and girls, both in rural and urban areas, bear a disproportionately heavier burden of care work compared to men.
The survey revealed that rural women spend an average of 7.1 hours per day on unpaid care work, while men dedicate only 2.1 hours. Similarly, urban women invest 6.9 hours daily, whereas their male counterparts contribute 2.1 hours.
The proposed new legislation, which is set for further scrutiny by a relevant parliamentary committee, stipulates that if one spouse makes complaints regarding the sharing of property during divorce proceedings, the judge must consider the value of unpaid care work performed by either or both spouses.
"The value of unpaid care work shall range between 10 and 39 per cent of the property acquired since the date of marriage," the bill specifies.
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Minister Uwamariya indicated that these percentages were determined based on estimations by the International Labour Organization (ILO) regarding the contribution of unpaid care work to countries' GDP.
As the minister elaborated on the bill, MPs raised pertinent questions, including comparisons between Rwanda and Western countries.
For instance, MP Germaine Mukabalisa questioned the appropriateness of relying on general ILO statistics, suggesting a need for data reflecting Rwanda's specific context.
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She argued that the ILO's findings might not accurately represent Rwanda's reality, where manual labour predominates, unlike in more developed economies where households are equipped with modern appliances like washing machines.
MP Suzanne Mukayijore sought clarification on calculating unpaid care work when a spouse is assisted by housemaids who perform most household tasks.
"How will the judge assess the value of unpaid care work?" she inquired.
MP Veneranda Nyirahirwa raised concerns about compensating unpaid care work only during a divorce. She suggested that it should be a normal practice to pay people for the care work they do.
In addition to this, Valens Muhakwa raised a scenario where the spouse earning income also fulfils unpaid care duties at home. He asked what would be done in such a situation when the judge is determining the compensation.
In response, Minister Uwamariya told the MPs that the judicial system will put in place measures to assess the spouses' contribution to unpaid care work to ensure that they get the right compensation.
Responding to MP Nyirahirwa's question, Uwamariya highlighted that unpaid care work compensation is primarily addressed during divorce because, in stable family situations, such tasks are typically managed within the goodwill of the spouses.
According to the 2022/2023 judicial report, divorce cases have been steadily increasing since 2016. In 2016, there were 21 divorce requests, which surged to 69 in 2017 and remarkably escalated to 1,311 in 2018.
