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 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Forced recruit»ment of children for use in armed conflict. In its previous comments, the Committee had noted that section 19 of Act No. 27/2001 of 28 April 2001 provides that military service is 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 persons must be at least 18 years of age to be admitted to the Rwandan defence forces. The Committee had, however, noted the Committee on the Rights of the Child’s concerns that the prohibition of military service for young persons under 18 years of age contained in Act No. 27/2001 does not apply to the local defence forces. The Committee notes with interest that section 9 of Law No. 25/2004 of 19 November 2004 establishing and determining the organization and functioning of the local service in charge of assisting in maintenance of security referred to as «local defence» provides that a member who is selected to be in the service of local defence shall be at least 18 years of age. Furthermore, the Committee notes that section 11 of the draft ministerial order determining the nature, categories of enterprises and types of work which are prohibited to children under 18 years of age provides that it is prohibited to recruit children in the army or paramilitary organizations. The Committee expresses the hope that the ministerial order determining the nature, categories of enterprises and types of work which are prohibited to children under 18 years of age will be adopted in the very near future and requests the Government to keep it informed of the progress made in this regard.

Clause (d). Hazardous work. 1. Prohibition of hazardous types of work. Following its previous comments, the Committee notes with interest that section 2(d) of the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age provides that it is prohibited to employ children in hazardous work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. According to section 1 of the order, the term «child» is defined as any boy or girl who is under the age of 18 years.

2. Self-employed workers. In its previous comments, the Committee had noted that the scope of the Labour Code is limited to persons working under contractual employment relations and does not apply to children working on their own account. It had noted the Government’s information that 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 his or her health and physical and mental development, morals and education. The Committee observes the Government’s indication, in its report under Convention No. 138, that it has adopted several measures to ensure that children carrying out an economic activity on their own account are protected, including harmonizing the national laws with international Conventions. The Committee also notes the Government’s information that labour inspectors have the responsibility of inspecting self-employed workers, including children, and that the Ministry of Labour has given training to labour inspectors in order for them to appropriately acquit themselves of this responsibility. The Committee requests the Government to provide information on the progress made in adopting legislation which ensures the protection of self-employed children from hazardous work. The Committee also requests the Government to provide information on the number and situation of self-employed children under 18 years of age that were found working by labour inspectors in situations which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous types of work. With reference to its previous comments, the Committee notes that an extensive list of hazardous types of work is contained in the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age. Furthermore, Chapter 2 of the order provides a list of two categories of enterprises where children under 18 years of age are forbidden to work: (1) enterprises which constitute a threat to the morals of children: and (2) enterprises which contain severe risks to the health and security of children. The Committee also notes the Government’s information that the organizations of employers and workers concerned were consulted in the process of drafting that list.

Article 5. Monitoring mechanisms. 1. Police for juveniles. In its previous comments, the Committee had noted the information provided by the Government that it is planning to create a police force for juveniles to monitor the implementation of the penal provisions, such as those concerning prostitution, pornography and illicit activities, and requested 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. The Committee notes that its request is even more relevant in the context of the amendment to the Labour Code provided by the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age, of which section 2(a)–(c) prohibits the employment of children in all forms of slavery or practices similar to slavery, in prostitution or for the production of pornography, and in illicit activities, such as the production and trafficking of drugs. The Committee notes the Government’s information that the police for juveniles in not yet in force. It urges the Government to renew its efforts to ensure the establishment of the police force for juveniles in the near future.

2. Child soldiers. In its previous comments, the Committee had noted that 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). Furthermore, it had noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations on the second periodic report of the Government in July 2004 (CRC/C/15/Add.234), 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 notes that this concern is reiterated by the Secretary-General of the United Nations in his report on children and armed conflict of 26 October 2006 to the Security Council (A/61/529-S/2006/826, paragraph 30), when he mentions that «in May 2006, three children died as a result of a gunshot fired at close range by military forces of the 23rd battalion of FARDC (‘Forces armées de la République démocratique du Congo’) and the ‘Forces démocratiques de libération du Rwanda’ (FDLR) in Nyamilima, Ruthsuru Territory, North Kivu. Child protection actors in North and South Kivu Provinces continue to register a number of abductions and recruitment of children by FDLR». The Committee once again 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.

Article 6. Programmes of action. 1. Action Plan for the Elimination of Child Labour. The Committee notes that a draft National Five-Year Action Plan for the Elimination of Child Labour of August 2007 has been communicated to the Office. This Action Plan aims at materializing national and international instruments with regard to the protection of vulnerable children and child labourers in particular and focuses on the worst forms of child labour. The many objectives of this plan include, among other things, conducting a large-scale sensitization campaign and strengthening effective law-enforcement control mechanisms, namely of the police and the inspection of labour. The Committee requests the Government to provide a copy of the Action Plan once it has been adopted and to inform it of its impact on eliminating the worst forms of child labour.

2. National policy for orphans and other vulnerable children. The Committee notes that, according to the National Plan of Action for Orphans and Other Vulnerable Children (OVC) of 2006–11, Rwanda’s high orphan population represents a more complex profile than any other country in Africa due to the combined effects of genocide, war, HIV/AIDS and poverty in general. The Committee notes the Government’s information that, to ensure that orphans and OVC are protected from the worst forms of child labour, the National Plan of Action promotes several strategies, including:

(a)    sensitization campaigns on the worst forms of child labour;

(b)    encouraging the enforcement of labour laws;

(c)    improving the working conditions of children;

(d)    developing alternative solutions for children and their families by providing support for training and income-generating activities;

(e)    reinforcing the education system; and

(f)    conducting detailed studies on the extent of and reasons for child labour and its worst forms.

The Committee requests the Government to provide information on the impact of the National Plan on the protection and prevention of orphans and OVC from working in the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had requested the Government to 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. The Committee notes that section 36 of the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age provides for penalties in case of violations of its provisions, including those prohibiting hazardous work and the recruitment of children under 18 in the army or the paramilitary forces. The Committee expresses the hope that the draft ministerial order will be adopted in the near future.

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. In its previous comments, the Committee had noted the Government’s information that there are no armed groups that include children on the territory of the Republic of Rwanda, as the demobilization of the former child soldiers of the Rwandan forces was completed in 1998. However, the Committee had also noted the Committee on the Rights of the Child’s concern, in its concluding observations on the second periodic report of the Government in July 2004 (CRC/C/15/Add.234), 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 (DRC), a concern which has been reiterated by the Secretary-General of the United Nations in his report to the Security Council on children and armed conflict of 26 October 2006
(A/61/529–S/2006/826, paragraph 30). The Committee notes that, currently, there are approximately 3,000 demobilized ex-child soldiers in Rwanda, including 2,500 originating from the first phase of demobilization which ended in 1998 and the rest originating from Rwandese armed groups on DRC territory. It notes that programmes of action have been implemented to rehabilitate some of these children: one to train 40 ex-child soldiers, 15 of whom are girls, in the restaurant business in the Kacyiru District of Rwanda (October 2005) and one to reinsert 100 ex-child soldiers into their communities with professional orientation and training (September 2005). The Committee also notes the ILO–IPEC project of prevention and reintegration of children involved in armed conflict: an interregional programme, which aims to provide an enabling environment in the country facilitating the prevention, withdrawal and subsequent reintegration into society of children involved in armed conflict and to assist former child soldiers in acquiring decent work and achieving a sustainable income. Finally, the Committee notes the Government’s information that the Rwanda Demobilization and Reintegration Commission has been established and is responsible for reintegrating the children affected by armed conflict. In this regard, 644 former child soldiers have been reunited with their families, 170 have received vocational training, 192 are now involved in income-generating activities, 85 have received formal education and 29 are currently undergoing rehabilitation. Considering, however, the high number of former child soldiers who have not yet been rehabilitated, the Committee requests the Government to redouble its effort and urges it to adopt time-bound measures to demobilize child soldiers and secure their rehabilitation and social integration, particularly by providing psychological rehabilitation and professional orientation and training services. The Committee requests the Government to provide information on any new developments in this regard.

2. Commercial sexual exploitation. In its previous comments, the Committee had noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations on the Government’s second periodic report in July 2004 (CRC/C/15/Add.234, paragraph 16), about the increasing number of child victims of sexual exploitation, including prostitution and pornography, especially among girls, child orphans, abandoned and other disadvantaged children. The Committee notes that, according to the National Policy for Orphans and Other Vulnerable Children of 2003, issues related to children and abused children are not well researched and that more systematic research is needed to gain a better understanding of this problem. The National Policy aims to develop prevention mechanisms for sexual exploitation and abuse of children, to ensure the enforcement of laws protecting children from sexual exploitation and abuse and, most importantly, to provide support services for children who had suffered from sexual exploitation and abuse. Furthermore, the National Five-Year Action Plan for the Elimination of Child Labour advocates the following strategies: (a) sensitize different stakeholders; (b) strengthen the enforcement of laws; (c) carry out a thorough national survey on the case; (d) provide medical, social and legal assistance to the child victims; and (e) set up preventive and denunciation mechanisms. The Committee notes that, according to the Action Plan, UNICEF has helped a local organization withdraw 59 children from prostitution and that an NGO called «Sharing Rwanda» deals with the socio-economic rehabilitation of 50 child prostitutes and their 19 babies by training them to learn the techniques of manufacturing soap, fruit juice, bread, etc., and providing them with medical care. The Committee urges the Government to pursue its efforts to ensure that more child victims of commercial sexual exploitation are provided with programmes of rehabilitation and social integration. It requests the Government to provide information on the impact of the National Policy and National Plan in this regard.

Clause (d). Children at special risk. HIV/AIDS. In its previous comments, the Committee had noted 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. According to the latest estimates published by UNAIDS, there are now approximately 210,000 orphans due to HIV/AIDS in Rwanda. The Committee notes that the National Policy for Orphans and Other Vulnerable Children of 2003 and the National Plan of Action for Orphans and Other Vulnerable Children constitute the main measures designed to improve the situation of child HIV/AIDS orphans. For instance, the National Policy aims to integrate assistance for children affected/infected by HIV/AIDS in OVC programmes to avoid stigmatization, to ensure psychosocial support for these children and their families and to ensure the inheritance rights of children in affected households, while the National Plan intends to conduct information campaigns on HIV/AIDS and to facilitate access to basic services for orphans, such as education, health, nutrition, housing, extension services, income generation and credit. Furthermore, the Committee notes that Rwanda was chosen to host the 2007 HIV/AIDS Implementers’ Meeting in recognition of the country’s leadership in the fight against HIV/AIDS and the results achieved. The Committee asks the Government to continue providing information on these measures and on their impact on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes that Law No. 27/2003 determining the organization, attributions and functions of the National Women’s Council has been communicated along with the Government’s report. It notes that according to section 23 of the Law, the member in charge of education and training of each organ of the Council is entrusted with: (1) identifying problems faced by girls in the field of education; (2) sensitizing girls on issues related to literacy; (3) encouraging girls to actively participate in training; and (4) sensitizing parents on giving both boys and girls equal participation and opportunities in education and culture. The Committee requests the Government to provide information on the impact of the National Women’s Council’s activities on preventing girls under 18 years of age from working in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted 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 had also noted 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. Furthermore, the Committee had noted that, according to the Government, child labour is still not taken into account in national policies and the national budget. The Committee notes the Government’s information that child labour is now taken into account in government policies and that the national budget now includes a specific amount to enforce the removal of children from the worst forms of child labour. Consequently, the Committee requests the Government to take the necessary measures to ensure that labour inspectors inspect the entirety of the national territory and that their reports include relevant information on the inspections carried out relating to the worst forms of child labour. It also once again 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.