Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Rwanda (Ratification: 1962)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(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 section 29 of Act No. 38/2006 of 25 September 2006 creating and organizing the national prison service provides that prisoners are entitled to perform an activity related to their occupational skills. Moreover, section 40 provides that the prisoner may be asked, or express the wish to perform work, but may not be forced to do so.

The Committee notes the Government’s indication that Law No. 34/2010 of 12 November 2010 on the establishment, functioning and organization of Rwanda Correctional Service repealed the previous Act No. 38/2006. The Government indicates that section 50 of Law No. 34/2010 provides that an incarcerated person may be requested or can himself/herself request to perform work, but he/she cannot be forced to perform it. The prisoner who performs work shall not be forced to work beyond his/her capacity or perform work that degrades him/her. The Government also adds that the Penal Code has been harmonized and there is no longer a provision forcing the prisoner to work. Moreover, the Code of Penal Procedure will also be harmonized in this respect.

While noting that the new legislation seems to have abolished the compulsory nature of prison labour, the Committee requests the Government to provide copies of Law No. 34/2010 on the establishment, functioning and organization of Rwanda Correctional Service to assess its compatibility with the Convention. Please provide information on the progress achieved in the adoption of appropriate measures to harmonize the provisions of the Code of Penal Procedure with those of section 50 of Law No. 34/2010 on the establishment, functioning and organization of Rwanda Correctional Service, as well as information on the effect given in practice to this legislation.