Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the Government’s first and second reports. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indications that Act No. 27/2001 of 28 April 2001 respecting the rights and protection of the child against violence corresponds to the objectives of the Convention. The Committee notes that this text prohibits certain activities considered to be the worst forms of child labour, but that it nevertheless has certain inadequacies which will be examined under each of the relevant Articles of the Convention. The Committee also notes that Rwanda is participating in the subregional programme on the prevention and reintegration of children involved in armed conflict in Central Africa, launched by ILO/IPEC. The Committee requests the Government to keep it informed of the implementation of this programme and the results achieved.

Article 2 of the Convention. Definition of the term "child". The Committee notes the Government’s indications that the definition of the term "child" set forth in the Act of 28 April 2001 respecting the rights and protection of the child against violence gives effect to Article 2 of the Convention. The Committee notes that section 1 of the Act of 28 April 2001 defines a child as any human being under 18 years of age, except where provided otherwise. However, the Committee notes that section 198 of the Labour Code of December 2001 provides that earlier legal provisions and regulations contrary to the present Act shall be repealed. It also notes that section 52 of the Act of 28 April 2001 repeals all provisions prior to the present Act, except where they afford greater protection. It notes that section 360 of the Civil Code of 1988 provides that a minor is a person who has not yet reached the age of 21 years, except where exceptions are otherwise determined by the law. It also notes that, under the terms of section 11 of the Labour Code, any person who has not reached the age of 16 years, but who is at least 14 years old, must obtain the explicit authorization of the person exercising parental authority to be engaged in employment authorized by the minister responsible for labour, as an exceptional and temporary measure, taking into account the specific circumstances of the occupation or the situation of the persons concerned. As the provisions of the Labour Code were adopted later than those of Act No. 27/2001 of 28 April 2001, the Committee requests the Government to provide information on the articulation of the various texts, and particularly between Act No. 27/2001 and the Labour Code.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. The Committee notes the Government’s indications that the content of the expression "the worst forms of child labour" used for the purposes of the Convention has been taken up in the draft ministerial order determining the nature of the types of work and categories of enterprises prohibited for children. The Committee requests the Government to provide a copy of the above order once it has been adopted.

1. Forced or compulsory labour. The Committee notes that, under the terms of section 4(1) of the Labour Code, forced or compulsory labour is prohibited. It notes the Government’s indication that section 37 of Presidential Order No. 26/01 of 10 December 2001 provides that work performed in the context of a penalty that is an alternative to imprisonment shall be covered by the requirements set out in laws and regulations respecting work by young persons. The Committee requests the Government to provide a copy of Presidential Order No. 26/01 of 10 December 2001.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indications that section 19 of the Act of 28 April 2001 provides that military service shall be prohibited for children under 18 years of age. The Committee notes the Government’s statement in its report that section 5 of Presidential Order No. 72/01 of 8 July 2002, issuing the general conditions of service of members of the armed forces, provides that, to be admitted to the Rwandan defence forces, persons must be at least 18 years of age. It also notes that the Government adds in a report entitled: "Findings of the rapid evaluation survey in Rwanda of the situation of children engaged in armed conflict" (Ministry of the Public Service, Vocational Training, Trades and Labour/ILO-IPEC, Kigali, March 2003, pages 11 and 35) that there is not a single armed group that includes children on the territory of the Republic of Rwanda as the demobilization of the former child soldiers in the first group (i.e. the Rwandan forces) was completed in 1998. Furthermore, the armed groups from which the former child soldiers of the second group originate are established on the territory of the Democratic Republic of the Congo and cannot cross the Rwandan frontier to recruit more children. The rapid evaluation survey concludes that the risk of the re-recruitment of these former child soldiers is therefore low. However, the Committee notes that the Office of the Special Representative of the Secretary-General of the United Nations for Children and Armed Conflict expressed concern at the recruitment of youths into the local defence forces and concerning the children among the primarily Hutu insurgents, fighting in the Democratic Republic of the Congo (A/57/402, 25 September 2002, paragraph 38). The Committee also notes that, according to the "Findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict" (pages 23 and 28), the children interviewed participated in combat, acted as bodyguards for commanders, engaged in patrols, the maintenance and cleaning of arms and as porters (including the transport of munitions over long distances), the preparation of meals, laundry, the pillaging of houses and shops, and that certain cases of killings of civilians and even torture by children have even been reported. The Committee requests the Government to provide a copy of Presidential Order No. 72/01 of 8 July 2002, issuing the conditions of service of members of the armed forces, and to provide information on the application in practice of section 19 of the Act of 28 April 2001 respecting the rights and protection of children against violence. It also requests the Government to keep it informed of developments in the situation with regard to child soldiers and former child soldiers.

Clause (d). Hazardous work. 1. Prohibition of hazardous types of work constituting the worst forms of child labour for persons under 18 years of age. The Committee notes that section 18 of Act No. 27/2001 of 28 April 2001 provides that work performed by a child shall not involve risks likely to jeopardize her or his education or harm her or his health and physical development. It also notes that, by virtue of section 1 of this Act, any person under 18 years of age is considered to be a child. It notes that section 65(3) of the Labour Code provides that children under 16 years of age may not be employed in night work and types of work that are unhealthy, arduous, harmful or dangerous for their health and development and that the list of these types of work shall be determined by order of the minister responsible for labour. It also notes that, under the terms of section 61 of the Labour Code, it is prohibited to employ children under 16 years of age at night (that is between 7 p.m. and 5 a.m., in accordance with section 60 of the Labour Code). The Committee reminds the Government that, in accordance with Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children, is considered to comprise the worst forms of child labour and, as such, shall not be performed by persons under 18 years of age. The Committee requests the Government to ensure that persons under 18 years of age are not engaged in night work or types of work that are unhealthy, arduous, harmful or dangerous for their health and development It also requests the Government to provide information on the application in practice of section 18 of Act No. 27/2001 of 28 April 2001, which provides that work performed by a child shall not involve risks likely to jeopardize her or his education or harm her or his health and physical development.

2. Self-employed workers. The Committee notes that, by virtue of section 65(3) of the Labour Code, children under 16 years of age may not be employed in night work or in types of work that are unhealthy, arduous, harmful or dangerous for their health and development, and that the list of these types of work shall be determined by order of the minister responsible for labour. However, the Committee observes that, by virtue of section 2 of the Labour Code, the scope of application of the Labour Code is limited to persons working under the direction and authority of another person and in exchange for remuneration. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes that, in accordance with section 65(3) of the Labour Code, children under the age of 16 years may not be employed in night work or types of work that are unhealthy, arduous, harmful or dangerous for their health and development and that the list of these types of work shall be established by order of the minister responsible for labour. The Committee reminds the Government that, in accordance with Article 4 of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration, relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Recommendation, which indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. It hopes that the Government will take these comments into consideration when formulating the order to be issued under section 65(3) of the Labour Code determining the list of hazardous types of work, and that it will be adopted very soon so as to bring the national legislation into conformity with the Convention. It also requests the Government to indicate whether consultations are envisaged with the organizations of employers and workers for the preparation of the order determining the list of hazardous types of work.

Paragraph 2. Identification of hazardous work. The Committee notes the indication in the Government’s report that, for the determination of the types of work that are prohibited for children as set out in the draft order implementing section 64 of the Labour Code, consideration has been given to the following three studies: (a) the analysis of the situation of child labour in Rwanda of March 1999 conducted by ILO/IPEC and the Ministry of the Public Service and Labour; (b) the analysis of the situation of child labour in Rwanda, a supplementary study of December 2000 conducted by the Ministry of the Public Service and Labour with the support of UNICEF; and (c) a study on child prostitution in Rwanda of March 2000 conducted by the Ministry of the Public Service and Labour with the support of UNICEF. The Committee also notes the Government’s indications that the draft order on the types of work prohibited for children will be submitted to the social partners for their views before being examined by the Council of Ministers. The Committee requests the Government to indicate the types of work identified as being hazardous and, accordingly, included in the draft order determining the list of the types of work and categories of enterprises prohibited for children.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. 1. National Consultative Committee on Child Labour. The Committee notes the Government’s indication in its report that the measures to give effect to the provisions of Article 5 of the Convention have not yet been adopted, but that the Ministry of the Public Service and Labour envisages establishing a National Consultative Committee on Child Labour. This National Committee, composed of representatives of the ministries concerned, the interested international organizations and NGOs, as well as the social partners, should be created in 2003. The Committee requests the Government to provide information on the establishment of the National Consultative Committee on Child Labour, and particularly on its activities and functions.

2. Labour inspection. The Committee notes the Government’s indication in its report that the Labour Directorate and the Labour Inspectorate are the competent authorities responsible for the enforcement of the provisions giving effect to this Convention. The Committee notes that, under the terms of section 160 of the Labour Code, the Labour Directorate is a body of the public administration responsible for formulating, establishing and applying the national labour and employment policy. It also notes that, in accordance with section 161 of the Labour Code, the Labour Inspectorate is responsible for monitoring the implementation of the provisions of the Labour Code, its implementing orders and of collective agreements. The Committee notes that the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict, carried out by the Ministry with the support of the ILO, indicates that the minister responsible for labour does not have the necessary capacity to ensure permanent follow-up, that the information concerning employees is not verified by labour inspectors and that there is no report on the informal sector (Minister of the Public Service, Vocational Training, Trades and Labour/ILO-IPEC, "Findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict", Kigali, March 2003, page 12). The Committee requests the Government to indicate the measures adopted or envisaged to enable labour inspectors to supervise efficiently and effectively the implementation of the Labour Code. It also requests the Government to provide information on the mechanisms established or envisaged for the implementation of the provisions of the Convention in cases where the national measures do not come under the application of the Labour Code, but lie within the scope of penal provisions (prostitution, pornography, illicit activities).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indications that there are no programmes specifically to combat the worst forms of child labour, but that various programmes have an impact in this respect, including the current poverty reduction programme and the education for all programme, which is about to be launched. The Committee notes that Rwanda is covered by the subregional programme for the prevention and reintegration of children involved in armed conflict in Central Africa, the beneficiaries of which are children under 18 years of age exposed to the risk of recruitment and young persons already involved in armed conflict in the four countries covered by the programme. The Committee requests the Government to provide information on the implementation of the poverty reduction programme and the programmes of action adopted or envisaged to eliminate as a priority the worst forms of child labour. It also requests the Government to indicate the consultations held with the relevant state institutions and employers’ and workers’ organizations, in accordance with the provisions of this Article, and, where appropriate, the views of other concerned groups taken into consideration.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention. The Committee notes the Government’s indication in its report that Act No. 27/2001 of 28 April 2001 respecting the rights and protection of the child against violence establishes penalties for any person who: has knowledge of violence against a child and does not report it (section 28); has inflicted upon a child cruel treatment, atrocious suffering or inhumane and degrading sanctions (section 32); has diverted or removed a child with a view to prostitution or sexual activities (section 38); has managed or financed a brothel or exploited children for the purposes of prostitution (section 39); has been found guilty of the abduction, sale or trafficking of a child (section 41); has made use of a child for the trafficking of drugs, arms or for smuggling (section 42); or has led a child into vagrancy and begging (section 46). Furthermore, the Government indicates in its report that no penalty is envisaged for violations of the prohibition to recruit children under 18 years of age for military service, as set out in section 19 of Act No. 27/2001 of 28 April 2001. It adds that the same applies in cases of violations of section 18 of Act No. 27/2001 of 28 April 2001, which provides that work performed by a child shall not involve risks likely to jeopardize her or his education or harm her or his health or physical development and that children may not be employed in any enterprise before the age of 14 years. The Committee requests the Government to ensure that penalties are applied in cases of violations of the provisions respecting the worst forms of child labour, and particularly violations of sections 18 and 19 of Act No. 27/2001 of 28 April 2001 respecting the rights and protection of the child against violence. It also requests the Government to provide information on the enforcement of penalties in practice.

Paragraph 2. Effective and time-bound measures. The Committee notes the Government’s indications that the programmes of intervention on behalf of children subject to the worst forms of child labour and their families have not yet commenced. However, the Committee notes that measures have been adopted in the following fields.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the absence of general programmes for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. However, it notes with interest that, despite the limited resources, the process of demobilizing child soldiers and the programme for their reintegration commenced in 1995. Children released from their military obligations receive psychological and material support in preparation for their return to civilian life (IPEC, the use of children in armed conflict in Central Africa, report of the subregional consultation on concerted action for the prevention and reintegration of children used in armed conflict in Central Africa, Yaoundé, 21-23 January 2003, page 8). It also notes that a National Demobilization and Reintegration Commission has been established and that it has its own programme, financed by the World Bank until 2005 (Ministry of the Public Service, Vocational Training, Trades and Labour, "Findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict", pages 38 and 39). In this context, former child soldiers are provided with basic training, support for their reintegration into family life and school and a number of goods of prime necessity. According to the findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict, the programmes for prevention, demobilization and reintegration of former child soldiers in Rwanda are principally supported by UNICEF in the context of its cooperation programme with the Government of Rwanda for the period 2001-06 and the project on the rights to child protection, one of the objectives of which is to provide support to the community for the reintegration of child prisoners, demobilized child soldiers and street children. These children nevertheless encounter difficulties, particularly with regard to the conditions for their admission into training centres for young persons providing vocational training, which require at least two years’ education following primary school, whereas most of these children have not even completed primary school. The rapid evaluation survey concludes that the reintegration of these children into economic life will also be difficult in view of their lack of vocational skills. The Committee requests the Government to keep it informed of the progress achieved in removing and securing the rehabilitation of child soldiers. It also requests the Government to provide information on the measures adopted or envisaged to assist in removing children from other types of work considered to comprise the worst forms of child labour.

Clause (c). Access to free basic education. The Committee notes that article 40 of the Constitution, section 10 of Act No. 27/2001 and section 2 of Act No. 14/1985 respecting the organization of primary, rural and integrated crafts and secondary education provides that primary education shall be compulsory and free in public establishments for all children resident on the Rwandan territory without any discrimination whatsoever. It also notes the Government’s indication in its report on the application of Convention No. 138 that a large number of workers are children who have dropped out of primary school early. In this respect, it notes with interest that a programme entitled "Education for all" was established in September 2000 by the Ministry of Education, Science, Technology and Scientific Research with the support of UNESCO to promote the access of children to education and their maintenance in primary education. It requests the Government to provide information on the programme "Education for all", and particularly the results observed in terms of access to free basic education.

Clause (d). Children at special risk. The Committee notes the Government’s indications that a programme on child domestic workers is being carried out with support from UNICEF. The Committee requests the Government to provide information on this programme, its objectives, duration and the results observed.

Clause (e). The special situation of girls. The Committee notes the establishment of the "gender observatory" (article 185 of the Constitution). This consists of an independent national institution responsible for the constant evaluation of compliance with gender indicators with a view to sustainable development and serving as a framework for orientation and reference in relation to equity and equality of opportunities. It also notes that article 187 of the Constitution establishes a National Women’s Council, the organization, functions and activities of which, and its relations with other state bodies, shall be determined by law. The Committee requests the Government to indicate whether the "gender observatory" and the National Women’s Council contribute to account being taken of the special situation of girls in the measures adopted to ensure the prohibition and elimination of the worst forms of child labour. It also requests the Government to provide, where appropriate, copies of the reports issued by these bodies and the legislation establishing the conditions under which the National Women’s Council operates.

Paragraph 3. The Committee notes the information provided by the Government in its report to the effect that the competent authorities responsible for the implementation of the provisions giving effect to the Convention are the minister responsible for labour, the Labour Director and labour inspectors. The Committee requests the Government to indicate the methods by which such implementation is supervised.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Rwanda is a member of Interpol, which contributes to facilitating cooperation with the countries of the region, particularly through the exchange of information making it possible to combat the trafficking of children more effectively. The Subdirectorate for Africa is responsible for identifying crimes committed in Africa, assisting in the coordination of complex criminal investigations, establishing statistics on the crimes committed in the various regions and the applicable legislation, comparing them and undertaking the dissemination of the information obtained. Cooperation between Rwanda and its neighbouring States is facilitated by the ratification of the African Charter on Human and People’s Rights. The African Commission on Human and People’s Rights has issued recommendations and resolutions on the measures to be taken in the various countries for the period 1988-2002. The Committee also notes that Rwanda has ratified the Convention on the Rights of the Child and has signed the Protocol on the Involvement of Children in Armed Conflicts and the Protocol on the Sale of Children, Child Prostitution and Child Pornography; and the African Charter on the Rights and Welfare of the Child; and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949 and its Protocol. It notes with interest that Rwanda is participating in the subregional programme for the prevention and reintegration of children participating in armed conflict in Central Africa, alongside the Democratic Republic of the Congo and Burundi. The Committee requests the Government to keep it informed of the mutual assistance measures adopted in the context of the subregional programme for the prevention and reintegration of children participating in armed conflict in Central Africa and any other mutual assistance measures taken to give effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part V of the report form. The Committee notes the Government’s indications that the reports of labour inspectors do not contain any information on the inspections carried out in relation to the worst forms of child labour, nor therefore on the violations reported and the penalties imposed. It also notes that a study on child prostitution in Rwanda was undertaken by the Ministry of the Public Service and Labour in March 2000 with the support of UNICEF, but that no quantitative survey has been carried out on the worst forms of child labour in Rwanda. The Committee encourages the Government to urge the Labour Inspectorate to include data in its reports on the violations reported relating to the worst forms of child labour. It also requests the Government to provide copies or extracts of official documents, including the reports of the inspection services, studies and inquiries, such as the study on child prostitution in Rwanda. It also encourages the Government to carry out quantitative statistical studies on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and the penal sanctions applied.