Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraphs a, c and d, of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views, as a means of labour discipline and as punishment for participating in strikes. In its previous comments, the Committee noted that the national legislation provided for an obligation to work for all convicted prisoners (section 39 of the Penal Code and section 40 of Ordinance No. 111/127 of 20 May 1961 to organize the prison system). It drew the Government’s attention to a number of provisions in the national legislation under which certain activities enjoying protection under the Convention may be punished by imprisonment involving compulsory work:

–      peaceful activities which may contribute to the expression of political views or opposition to the established political, social or economic system (section 9 of Act No. 33/91 of 5 August 1991 on demonstrations on public highways and public meetings; sections 166 and 167 of the Penal Code; section 83 of Act No. 18/2002 of 11 May 2002 governing the press; section 46 of Act No. 16/2003 of 27 June 2003 governing political parties and politicians);

–      breaches of discipline by seafarers (section 29 of the Decree of 1 April 1933 establishing articles of agreement for inland navigation and sections 13 and 14 of the Decree of 11 May 1921 establishing the disciplinary and penal code for inland navigation);

–      participation in strikes (section 190 of the Labour Code: lack of clarity as to the nature of the penalties that may be imposed as a result of legal action by the employer against workers who have participated in a strike deemed to be unlawful).

The Committee notes the adoption of Act No. 38/2006 of 25 September 2006 to create and organize the national prison service, which repeals Ordinance No. 111/127 of 30 May 1961 establishing the penitentiary service of Rwanda. According to section 29 of the abovementioned Act, prisoners are entitled to carry out an activity related to their occupational skills. While section 39 establishes an obligation for prisoners to carry out an activity that generates income for the prisoner or for the prison, section 40 specifies that the prisoner must be asked, or express the wish, to carry out work but may not be forced to do so.

In view of the fact that the new legislation appears to have abolished the compulsory nature of prison labour, the Committee requests the Government to indicate how, in practice, the consent of the prisoner is obtained. It also wishes to draw the Government’s attention to the need to harmonize the provisions of the Penal Code and the Code of Penal Procedure with those of section 40 of the Act of 2006 to create and organize the national prison service. Both the Penal Code (section 39) and the Code of Penal Procedure (section 218) refer to work “imposed” on prisoners serving a custodial sentence. Please indicate the measures taken to amend these provisions in order to avoid any ambiguity in the law.