Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la edad mínima, 1973 (núm. 138) - Rwanda (Ratificación : 1981)

Otros comentarios sobre C138

Observación

Solicitud directa

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Article 2(1) of the Convention. Scope of application. 1. Children working in the informal sector and self-employed children. The Committee previously noted that the Law Regulating Labour (2009) applies only to labour relations between workers and employers, and did not apply to the informal sector (pursuant to sections 2 and 3(3)), and that therefore children working in these sectors did not benefit from the prohibition on child labour contained in this Law. The Committee also noted that, according to the draft National Five-Year Action Plan for the Elimination of Child Labour (NAP), child labourers in Rwanda mostly worked as independent workers. Moreover, according to the National Child Labour Survey (NCLS) of 2008, 15 per cent of children between the ages of 5 and 14 who are engaged in economic activity are self-employed.

The Committee notes the Government’s statement that the revision of the NAP is aimed at, inter alia, putting emphasis on informal sector monitoring, and addressing the issue of children working on a self-employed basis. The Government also indicates that measures have been taken to strengthen the capacity of the labour inspectorate, including through the allocation of a sufficient budget, the provision of transport, and human resource development through capacity building and logistical support. Recalling that the Convention applies to all sectors of economic activity and covers all forms of employment or work, the Committee requests the Government to pursue its efforts, through the revision and subsequent implementation of the NAP, to ensure that children working on a self-employed basis and in the informal economy enjoy the protection of the Convention. It requests the Government to provide information on the measures taken in this regard.

2. Family enterprises. The Committee previously noted that section 1(49) of the Law Regulating Labour (2009) defines family labour as every work carried out by the husband or wife, ascendants, descendants and wards in the agricultural, breeding, commercial and industrial sectors for the benefit of the family. Section 3(2) of the Law Regulating Labour (2009) states that while family enterprises are generally excluded from the Law’s scope of application, the provisions relating to child labour do apply in the context of family enterprises. The Committee further noted the information from the NCLS of 2008 that 72 per cent of children engaged in economic activity are unpaid family workers.

The Committee notes the Government’s statement that Ministerial Order No. 6 of 13 July 2012, determining types of hazardous work for children, applies to family enterprises. Observing the high proportion of working children engaged in family enterprises, the Committee requests the Government to provide information on the application in practice of the child labour provisions in the Law Regulating Labour (2009) to family enterprises.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that a ministerial order regulating the participation of children in artistic performances was in progress within the Ministry of Sports and Culture. It expressed the hope that the employers’ and workers’ organizations would be duly consulted in the elaboration of the draft ministerial order.

The Committee notes the Government’s statement that the ministerial order regulating artistic performance is still under way. The Committee requests the Government to provide a copy of the ministerial order on artistic performances, once adopted.