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

Article 3 of the Convention. Worst forms of child labour. The Committee noted previously that the definition of the expression "the worst forms of child labour" contained in this provision of the Convention had been taken up in the draft ministerial order determining the nature of the work and the categories of enterprises prohibited for children. While noting the Government’s indication that the draft ministerial order is being revised, the Committee hopes that it will be adopted in the very near future and requests the Government to provide a copy of the order as soon as it has been adopted.

Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that section 19 of Act No. 27/2001 of 28 April 2001 provides that military service shall be prohibited for young persons under 18 years of age and 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. The Committee also noted the Government’s indications 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 (that is, 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. A rapid evaluation survey carried out with the assistance of ILO/IPEC concluded that the re-engagement of these former child soldiers is therefore unlikely (report entitled "Findings of the rapid evaluation survey in Rwanda on 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). The Committee however noted that, in the report of September 2002, the Special Representative of the Secretary-General of the United Nations for Children and Armed Conflict expressed concern at the recruitment of youths in the Local Defence Forces (FDL) 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 requested the Government to keep the Office informed of developments in the situation with regard to child soldiers and former child soldiers.

In its report, the Government indicates that there are no armed groups on the national territory and reaffirms that it has never recruited children into the ranks of the army. While noting the information provided by the Government, the Committee however observes that, in its concluding observations on the second periodic report of the Government in July 2004 (CRC/C/15/Add.234, paragraphs 62 and 63), the Committee on the Rights of the Child, while welcoming Act No. 27/2001 on the rights of the child and the protection of children against abuse, section 19 of which provides that military service is prohibited for young persons under 18 years of age, expressed deep concern that this provision does not apply to the Local Defence Forces. The Committee on the Rights of the Child also expressed concern at the numerous reports of the recruitment of children under the age of 15 years by armed groups operating in the State party or in the Democratic Republic of the Congo. The Committee on the Rights of the Child recommended the Government to take all the necessary measures to ensure that young persons under the age of 18 years are not recruited into the Local Defence Forces or into any armed group on the national territory. The Committee of Experts also notes that, according to the information available to the Office, there are no control mechanisms relating to the recruitment of children in armed conflicts in Rwanda (report on technical progress of March 2005 of the ILO/IPEC subregional project on the prevention and reintegration of children involved in armed conflict). The Committee requests the Government to take measures as a matter of great urgency to ensure that young persons under 18 years of age are not compelled to take part in armed conflict, either in the national armed forces, or in rebel groups, and to provide information on any new measures adopted or envisaged for this purpose. It requests the Government to provide information on the measures adopted to enforce the applicable legislation relating to the forced or compulsory recruitment of children for use in armed conflict. Furthermore, the Committee requests the Government to provide information on the penalties which can be applied when prosecuting persons involved in the forced or compulsory recruitment of children for use in armed conflict.

Clause (d). Hazardous work. 1. Prohibition of hazardous types of work. In its previous comments, the Committee noted that, under section 18 of Act No. 27/2001 of 28 April 2001, work performed by children (persons under 18 years of age - section 1) shall not involve risks likely to jeopardize their education or harm their health or physical development. However, it noted that, under the terms of section 65(3) of the Labour Code, 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. The Committee requested the Government to ensure that persons under 18 years of age are not engaged in hazardous types of work. The Committee notes the information provided by the Government that the Labour Code is currently being revised so as to raise the age of admission to hazardous types of work from 16 to 18 years. The Committee hopes that the draft revision of the Labour Code will be adopted in the very near future so as to bring the national legislation into conformity with this provision of the Convention. It requests the Government to provide a copy of the text once it has been adopted.

2. Self-employed workers. The Committee noted previously that, by virtue of certain provisions of the Labour Code, the scope of the Code is limited to persons working under contractual employment relations and does not apply to children working on their own account. Accordingly, by virtue of section 2 of the Labour Code, the term "worker" is defined as any person who has undertaken to place her or his occupational activity, in exchange for remuneration, under the direction and authority of another individual or association, whether public or private. In this respect, the Committee notes the information provided by the Government according to which children in Rwanda are active in particular as self-employed workers and that labour inspectors tend to carry out inspections in the formal economy only. It also notes that, according to the Government, the status of salaried employee or self-employed worker is not a prerequisite for the interventions of labour inspectors, and that the criterion is more whether the child is carrying out a type of work that is likely to harm her or his health and physical and mental development, morals and education. In view of the above, the Committee requests the Government to provide information on the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in relation to 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. With reference to its previous comments, the Committee notes that a draft order issuing a list of hazardous types of work and categories of enterprises prohibited for young persons under 18 years of age has been prepared in the context of the revision of the Labour Code. The Committee also notes that the Government intends to consult the organizations of employers and workers on this matter. In this respect, the Committee previously reminded the Government that, in accordance with Article 4 of the Convention, the types of work referred to under Article 3(d) shall be determined taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that the Government, when determining the list of hazardous types of work, will take into consideration the activities enumerated in Paragraph 3 of Recommendation No. 190. It requests the Government to provide a copy of the order issuing the list of hazardous types of work and the categories of enterprises prohibited for young persons under 18 years of age as soon as it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. While noting that the types of hazardous work will be determined in the near future, the Committee reminds the Government that, under Article 4, paragraph 2, of the Convention, the types of hazardous work so determined shall be identified in consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to give effect to the Convention on this point.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. National Consultative Committee on Child Labour. The Committee notes the information provided by the Government that a Consultative Committee on Child Labour was established in February 2005. The Consultative Committee is composed of the Ministry of the Public Service, Vocational Training, Trades and Labour (MIFOTRA), the Ministry of Education, Science, Technology and Scientific Research (MINEDUC), the Ministry of Gender and the Promotion of the Family (MIGEPROF), the Ministry of Youth, Culture and Sports (MIJESPOC), the Ministry of Local Administration, Good Government, Community Development and Social Affairs (MINALOC), UNICEF, World Vision/KURET, ILO/IPEC and the Demobilization and Reintegration Commission. The Kadogo Association of Former Child Soldiers and NGOs active in the field of children’s rights participate in the meetings of the Consultative Committee when the subject is of interest to them. The Consultative Committee works in collaboration with MIFOTRA and, in this respect, regularly issues opinions on draft legislation, policies and strategies for prevention and intervention in the field of child labour. The Committee notes the Government’s indication that it takes due note of the fact that the Consultative Committee should also include the participation of organizations of employers and workers. It requests the Government to provide information on the measures adopted in this respect.

2. Police for juveniles. In its previous comments, the Committee requested the Government to provide information on the mechanisms established for the implementation of the provisions of the Convention which are not within the scope of the Labour Code, but lie within the scope of penal provisions, such as those respecting prostitution, pornography and illicit activities. In this regard, the Committee notes the information provided by the Government that it is planning to create a police force for juveniles, and requests it to consider giving that force the jurisdiction to monitor workplaces and compliance with the Labour Code in so far as the worst forms of child labour are concerned and to expand the Consultative Committee on Child Labour to include representatives of the police. The Committee requests the Government to provide information on these new measures once they have been established.

Article 6. Programmes of action. National policy for orphans and other vulnerable children. The Committee notes the Government’s indication that it has adopted a national policy for orphans and other vulnerable children. This policy is targeted in particular at children who work, children affected by armed conflict and child victims of sexual exploitation. The Committee requests the Government to provide information on the implementation of this policy, with particular reference to its impact in terms of the prevention and elimination of the worst forms of child labour. It also requests the Government to provide a copy of the national policy.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted that Act No. 27/2001 of 28 April 2001, respecting the rights and protection of children against violence, establishes penalties for any person who is in breach of its provisions. However, it noted that no penalty was established for violations of sections 18 and 19 of Act No. 27/2001 of 28 April 2001, which cover, respectively, work likely to prejudice the education or harm the health or physical development of the child and the prohibition upon recruiting young persons under 18 years of age for military service. The Committee requested the Government to establish penalties for breach of those provisions. The Committee notes the information provided by the Government to the effect that a meeting is due to be held to discuss penalties, among other matters. In this respect, the Committee draws the Government’s attention to the fact that it is under the obligation to impose sufficiently effective and dissuasive penalties. It hopes that, in the context of the current process of amending the national legislation, the Government will take measures to establish penalties which make it possible to prosecute persons who recruit children for types of work that are likely to prejudice their education or harm their health or physical development, as well as persons involved in the recruitment of young persons under 18 years of age for military service. It requests the Government to provide information on this subject.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Child soldiers. With reference to its previous comments, in which it noted that, despite the limited resources, the process of demobilizing child soldiers and the programme for their reintegration had commenced in 1995, the Committee notes the Government’s indication that it has been working since 1997 with ILO/IPEC, UNICEF and NGOs to remove and rehabilitate former child soldiers. In this respect, in the context of the ILO/IPEC subregional project for the prevention and reintegration of children involved in armed conflict, around 600 children were repatriated to the Democratic Republic of the Congo at the end of 2004.

The Committee notes that, in his report on children and armed conflict of 9 February 2005, the Secretary-General of the United Nations (A/59/695-S/2005/72, paragraph 19 and Annex I) indicated that the disarmament, demobilization, repatriation, resettlement and reintegration staff and child protection advisers of MONUC had entered into dialogue with the Force démocratique de libération du Rwanda (FDLR) and the Forces pour la défense de la démocratie (FDD) and that, during the past year, these groups had released a small number of children who had been repatriated to Rwanda and Burundi. However, security problems had been a major obstacle to the assessment by the United Nations of the compliance of these groups with their commitments. The Committee also notes that, according to information available to the Office, despite the efforts to establish rehabilitation and social integration measures, there is no real mechanism to remove children from armed conflict in Rwanda. Furthermore, no special attention is paid to girls (report on technical progress of March 2005 of the ILO/IPEC subregional project on the prevention and reintegration of children involved in armed conflict). The Committee requests the Government to redouble its efforts and to adopt time-bound measures to demobilize child soldiers and secure their rehabilitation and social integration, particularly by providing psychological rehabilitation and social integration services. It also requests the Government to pay special attention to girls.

2. Sexual exploitation. The Committee notes the Government’s indications that technical training has been provided for children removed from sexual exploitation and from domestic service. However, it notes that, in its concluding observations on the Government’s second periodic report in July 2004 (CRC/C/15/Add.234, paragraph 66), the Committee on the Rights of the Child expressed concern about the increasing number of child victims of sexual exploitation, including for prostitution and pornography, especially among girls, child orphans, abandoned and other disadvantaged children. The Committee on the Rights of the Child also expressed concern at the insufficient programmes for the physical and psychological recovery and social integration of child victims of such abuse and exploitation. The Committee requests the Government to redouble its efforts and to take effective and time-bound measures to ensure that child victims of sexual exploitation are provided with programmes of rehabilitation and social integration.

Clause (c). Access to free basic education. With reference to its previous comments, the Committee notes that, in the context of the measures adopted for the removal of children from the worst forms of child labour, it has established rehabilitation programmes, including training programmes. Some 906 children working in plantations, mines and quarries, of whom 106 were between the ages of 7 and 14 years, have been reintegrated in school. The Committee encourages the Government to continue its efforts to ensure access to compulsory education or to vocational training for all children who are removed from the worst forms of child labour.

Clause (d). Children at special risk. 1. HIV/AIDS. The Committee notes that, in its concluding observations on the Government’s second periodic report in July 2004 (CRC/C/15/Add.234, paragraph 52), the Committee on the Rights of the Child, while noting the adoption of the 2002-06 Strategic Plan for HIV/AIDS for youth and the establishment of the Ministry of State responsible for HIV/AIDS and of a National HIV/AIDS Commission, expressed concern at the very high incidence and increasing prevalence of HIV/AIDS among adults and children and the increasing number of children orphaned by HIV/AIDS. The Committee also notes that, according to the information contained in the Epidemiological Fact Sheet for 2004 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are estimated to be around 160,000 HIV/AIDS orphans in Rwanda. The Committee observes that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population and to provide information on the specific time-bound measures adopted to improve the situation of child HIV/AIDS orphans.

2. Child domestic workers. With reference to its previous comments, the Committee notes the Government’s indication that the NGO Action for Development and Peace in Africa (ADPA) has been operating a programme for children working in domestic service in the city of Kigali and in Kigali-Nagali since June 2001. Around 3,421 employers, 1,840 families and 3,539 children are registered with the programme and awareness-raising measures have been taken. Furthermore, the children benefit from a programme of vocational training. The Committee requests the Government to continue its efforts to protect children working in domestic service from the worst forms of child labour.

Clause (e). The special situation of girls. With reference to its previous comments, in which it noted the establishment of the National Women’s Council, the Committee notes the Government’s information that it will provide at a later date the reports of the National Council on the issues of child labour and gender. The Committee requests the Government to provide a copy of the Act respecting the National Women’s Council.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indications that the reports of labour inspectors do not contain any information on inspections carried out relating to the worst forms of child labour. It also notes that, due to the shortage of human and material resources, labour inspectors can only cover one-twelfth of the national territory and their inspections do not concern sectors in which certain forms of child labour occur, such as tea plantations. The Committee also notes that, according to the Government, child labour is still not taken into account in national policies and the national budget. The Committee encourages the Government to take the necessary measures to apply provisions giving effect to the Convention. It also encourages the Government to undertake quantitative statistical studies on the nature, extent and trends of the worst forms of child labour, and on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, surveys carried out, prosecutions, convictions and penal sanctions applied.