Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee notes the Government's indications that the Penal Code established by Legislative Decree No. 21/77 of 18 August 1977 replaces "penal servitude" by imprisonment as the penalty whereby offenders are deprived of liberty. The Committee notes that, under section 29 of the Penal Code and section 40 of Ordinance No. 111/127 of 30 May 1961 to organise the prison service in Rwanda, imprisonment involves the obligation to work. The Committee refers to the explanations in paragraphs 102 to 110 of its General Survey of 1977 on forced labour, and recalls that compulsory labour in any form, including compulsory prison labour, is covered by the Convention in so far as it is exacted in the five cases specified by the Convention.

Article 1(a) of the Convention. 1. The Committee noted previously that under article 7 of the Constitution of the Republic of Rwanda, the Rwandese people are politically organised within the National Revolutionary Movement for Development (the sole political party), and that under article 19, freedom of association is guaranteed under conditions to be prescribed by law and may not be made subject to prior authorisation.

The Committee notes the Government's indications concerning the complementarity of these provisions with article 65 of the statutes of the National Revolutionary Movement for Development which provides that the Movement may establish bodies to implement specific programmes and may promote organisations which are an integral part of the Movement, at the level of all social or cultural groups. The structure, composition and operation of these organisations must be approved by the Movement. The Committee asks the Government to provide a copy of these statutes and of the provisions of the decree of 25 April 1962 concerning non-profit associations.

2. The Committee noted previously that Ordinance R.V. No. 111/29 regarding demonstrations in public thoroughfares and public meetings provides for a system of prior authorisation in accordance with article 20 of the Constitution, and that section 8 of this Ordinance provides that any person who has organised or participated in an unauthorised demonstration or meeting shall be liable to imprisonment. The Committee notes the Government's indications that the criteria used in granting or refusing authorisations are left to the discretion of the competent authority, which shall judge whether a demonstration or public meeting is prejudicial to the public order. The Committee hopes that the Government will be able to provide information on the practical application of these provisions, including examples of unauthorised demonstrations or meetings, indicating any penalties that may have been imposed.

The Committee hopes that the Government will also be able to provide information on the application, in practice, of the following sections of the Penal Code, including any decision by a court of law defining or illustrating their scope: section 66 (which renders liable to imprisonment any person who makes use of the spoken, written or printed word to incite the population against the public authorities, or alarm the population) and section 167 (which renders liable to imprisonment any person who impugns the binding force of the law).

Article 1(b). 3. In earlier comments, the Committee noted the statements made by a government representative to the United Nations Commission on Human Rights when it was examining the report of the Government of Rwanda concerning the International Covenant on Civil and Political Rights (15th Session, 348th meeting), to the effect that once a week everyone goes to work in the fields and on the roads for the benefit of the State, citizens performing such tasks as the planting of trees for firewood, the laying of water-pipes and electricity cables and the planting of coffee.

The Committee notes the Government's indications that there is no legislation on community development work. Such work, known as "Umuganda", is undertaken at the initiative of the people and benefits the whole community which determines the most important tasks to be performed. The Committee requests the Government to provide information on concrete tasks performed in this context, in particular on the participation of the populations concerned in the elaboration of programmes and decisions relating to the opportunity and characteristics of such work.

4. The Committee requested the Government to supply information on the operation of the Re-education and Production Centres set up under Presidential Order No. 234/06 of 21 October 1975, and in particular on the number and status of the persons placed at the disposal of the Government in these centres, as well as on the nature and extent of the work they are called upon to perform.

The Committee takes note of the information supplied by the Government to the effect that there are three such centres, which were created to cope with vagrancy, and accommodate approximately 450 persons who are taught to organise themselves and to be productive, in particular through working in fields placed at their disposal. The Committee requests the Government to indicate whether admission to, and work in these centres are voluntary, and to supply copies of provisions governing these matters.

Article 1(c). The Committee noted previously that under section 29 of the Decree of 1 April 1983 to regulate contracts of engagement to work in river navigation, any worker so engaged is liable to imprisonment if, in the fulfilment of his contract of employment, he fails to comply with any obligations imposed by decree, by agreement or by custom. It also noted that under the terms of sections 13 and 14 of the Decree of 11 May 1921 establishing the disciplinary and penal code for river navigation, infringements in the form of repeated breaches of discipline, such as negligence, laziness and unwillingness to carry out orders, lack of respect towards superiors, absence without permission, smuggling aboard hemp or alcoholic beverages, insulting the captain or flat refusal to obey orders to assist in manoeuvring the vessel or keeping it tidy are punishable by imprisonment.

Referring to paragraphs 117 and 118 of its General Survey of 1979 on the abolition of forced labour, The Committee requests the Government to indicate the measures taken or contemplated to ensure that the Convention is applied in this respect.