Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee takes note of the information supplied by the Government in its first and second reports. It notes with interest that section 4 of the Labour Code prohibits forced or compulsory labour unconditionally. It also notes that the definition of forced or compulsory labour is in compliance with the Convention, as well as the instances in which labour or service which is exacted does not amount to forced labour. The Committee nevertheless requests the Government to provide additional information on the following points.

Articles 1(1) and 2(1) of the Convention. 1. Punishment of vagrancy. The Committee notes the Decree of 23 May 1896 on vagrancy and begging, which was rendered binding in Rwanda and under which anyone found in a state of vagrancy or begging is arrested and prosecuted (section 1). The court may place at the Government’s disposal for up to seven years anyone who is sound of body and who "through idle, drunken or dissolute conduct" lives in a habitual state of vagrancy (section 3). Persons found in a state of vagrancy may likewise be placed at the Government’s disposal for up to one year in the absence of any of the circumstances listed in section 3 (section 4). Vagrants placed at the Government’s disposal are interned in workhouses or workshops. The Committee notes that Presidential Order No. 234/06 of 21 October 1975 regulates such establishments, which are also known as "re-education and production centres". Under section 6 of the Order, persons interned are employed according to their abilities in the various jobs organized in the centres. They may also be employed in other jobs of general use such as building and road construction. The Committee notes that under the abovementioned provisions of the Decree on vagrancy and begging, the simple fact of living in a state of vagrancy is punishable by a term of availability to the Government during which work will be compulsory. The Committee considers that too broad a definition of vagrancy and like offences may constitute a means of exacting labour which is inconsistent with the Convention. The Committee hopes that the Government will review the situation and provide information on the measures taken or envisaged to define vagrancy more narrowly so that the simple fact of not working may not be treated as an offence and that only persons who disrupt the public order by unlawful acts may be liable for the penalties set in the legislation.

2. Freedom to leave employment. The Committee notes that, under section 116 of Act No. 22/2002 on the general status of the public service, one of the means whereby state employees may be separated from service is voluntary termination, which the employees must apply for in writing stating unambiguously that they wish to leave the public service. The written application is addressed to the competent authority, which has 30 days to issue a decision. Pending notification of acceptance of the application, public employees must continue to perform their duties. If the competent authority issues no decision within the prescribed time limit, the resignation is deemed to have been accepted (sections 117 and 118). The Committee requests the Government to provide information on the application of these provisions in practice. Please specify in particular whether applications to resign may be refused and, if so, on what grounds, and whether the competent authority may require public employees to remain in their post for a specific period. Please provide copies of any relevant decisions.

The Committee also asks the Government to provide a copy of the provisions applicable to career members of the armed forces.

Article 2, paragraph 2(a). Work exacted under laws on compulsory military service. The Committee notes that article 47 of the Constitution specifies that everyone has a duty to participate in defending the country and that national, civil or military service shall be organized by law. It notes in this connection that according to section 4(a) of the Labour Code, the term forced labour does not cover labour exacted in exceptional circumstances under provisions governing military service and which involves activities of a purely military nature. The Committee requests the Government to provide a copy of the laws and regulations governing compulsory military service.

Article 2, paragraph 2(e). Minor communal services. The Committee notes that according to section 4(d) of the Labour Code, the term "forced labour" does not include small jobs organized by local communities with the approval of the population or their direct representatives. The Committee requests the Government to provide more detailed information on the nature of such jobs and on how local communities approve and organize them in practice. Please provide copies of any provisions regulating this practice.

Article 25. Imposition of adequate penal sanctions. The Committee notes that under section 194 of the Labour Code, anyone contravening the provisions of section 4 of the Labour Code, which prohibits forced labour, is punished by a fine of from 10,000 to 50,000 francs; the penalty for a second offence is the same fine plus a prison term of from 15 days to six months. The Committee notes that only from the second offence does a penalty of imprisonment apply, and is concerned that this is not sufficiently dissuasive. It points out that under Article 25 of the Convention, penal sanctions imposed by law for illegal exaction of forced labour must be really adequate and strictly enforced. It requests the Government to provide information on the practical effect given to section 194 of the Labour Code. It would be grateful if the Government would also provide information on any criminal proceedings initiated to punish the illegal exaction of forced labour and on the penal ties imposed, whether pursuant to section 194 of the Labour Code or to any other provision of the national legislation under which forced labour practices may be penalized.