Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Abolition of Forced Labour Convention, 1957 (No. 105) - Rwanda (Ratification: 1962)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views. In its previous comments, the Committee noted the Government’s indication that Law No. 34/2010 of 12 November 2010 on the establishment, functioning and organization of Rwanda Correctional Service provides that an incarcerated person may be requested or can himself/herself request to perform work, but he/she cannot be forced to perform it. The prisoner who performs work shall not be forced to work beyond his/her capacity or perform work that degrades him/her. The Government also added that the Penal Code had been harmonized and there is no longer a provision forcing the prisoner to work; the Code of Penal Procedure will also be harmonized in this respect. The Committee requested the Government to provide copies of abovementioned Law No. 34/2010 to assess its compatibility with the Convention, as well as information on the progress achieved in the adoption of appropriate measures to harmonize the provisions of the Code of Penal Procedure in order to remove any reference made to compulsory prison labour.

The Committee notes the information provided by the Government which indicates that the nature of income-generating activities which can be performed by incarcerated persons must be determined by a draft Ministerial Order. The Committee takes note of Law No. 34/2010 on the establishment, functioning and organization of the Rwanda Correctional Service, copy of which has been forwarded by the Government with its report. More particularly, the Committee notes that according to section 43 of Law No. 34/2010, “if possible, incarcerated persons shall have the right to perform any activity in relation to their professional skills, and those with no professional skills shall be trained”. The Committee further notes that according to section 45 of the Law, “an incarcerated person may be requested or can himself/herself request to perform work, but he/she cannot be forced to perform it, with the exception of the provision of Section 50, point 8 of this Law”. Point 8 provides that “an incarcerated person has the main obligation”, inter alia, “to perform activities for the development of the country, himself/herself and the prison”. The Committee further takes note of the Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association who conducted an official visit to Rwanda in January 2014 (A/HRC/26/29/Add.2). The Special Rapporteur noted with concern the Government’s prevailing hostility towards peaceful initiatives by its critics and the existence of a legal framework that silences dissent. In this regard, the Special Rapporteur referred to several provisions of the Penal Code which provide for sanctions of imprisonment for persons expressing political views (sections 116, 136, 451, 462, 463, 468 and 469 of the Penal Code).

Referring to its comments addressed to the Government under the Forced Labour Convention, 1930 (No. 29), the Committee draws the attention of the Government to the broad terms used to define the exception under section 50(8) of Law No. 34/2010 on the establishment, functioning and organization of Rwanda Correctional Service and observes that despite the Government’s indication that prison labour is a voluntary activity, the legislation provides that an incarcerated person has the main obligation to perform activities for the development of the country, himself/herself and the prison. The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for peacefully holding or expressing political views or views ideologically opposed to the established political, social or economic system. It draws the attention of the Government to the fact that, as highlighted by the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, sections 116, 136, 451, 462, 463, 468 and 469 of the Penal Code are worded in terms broad enough to lend themselves to the application as a means of punishment for peacefully expressing political views and, in so far as they are enforceable with sanctions of imprisonment which can involve compulsory labour, they may fall within the scope of the Convention.

The Committee requests the Government to ensure that no penal sanctions involving compulsory prison labour may be imposed on persons for peacefully expressing political views, thereby ensuring conformity with the Convention. To this end, the Committee asks the Government to provide information on the application of sections 45 and 50(8) of Law No. 34/2010 on the establishment, functioning and organization of Rwanda Correctional Service, as well as on sections 116, 136, 451, 462, 463, 468 and 469 of the Penal Code in practice, including copies of court decisions defining or illustrating their scope as well as the sanctions applied. Noting that any reference made to compulsory prison labour has been removed from the Penal Code, the Committee also requests the Government to provide information on the measures taken in order to harmonize the Code of Penal Procedure to that effect. Please provide a copy of the currently drafted Ministerial Order on the nature of income-generating activities which can be performed by prisoners, once adopted.