Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Article 3 of the Convention. Clause (d). Hazardous work. Self-employed workers. With regard to the scope of application of the provisions of the Law Regulating Labour (2009) to children performing hazardous work in the informal sector or on a self-employed basis, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138). Noting that, according to the findings of the Integrated Household Living Conditions Survey of 2010–11 that a majority of children engaged in economic activities work in the agricultural sector and in domestic services, the Committee requests the Government to strengthen its measures to ensure that self-employed children, and those working in the informal economy, are protected against hazardous types of work.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Child soldiers. Following its previous comments, the Committee notes the Government’s information that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) have been reintegrated into society by the Rwanda Demobilization and Reintegration Commission (RDRC). The Government’s report indicates that the rehabilitation and reintegration services provided by the RDRC include: medical screening, psychological counselling, civic education, literacy learning, family tracing and reunion, income-generating activities and reintegration into formal education and vocational training. The Committee also notes the Government’s information that from 2009 to September 2013, the RDRC reintegrated and rehabilitated 229 child soldiers from DRC. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of July 2013 on the initial report of Rwanda under the Optional Protocol to the Convention on the involvement of children in armed conflict, expressed concern at the low rate of repatriation of Rwandan children, particularly girls, and at the absence of gender-specific programmes to address the specific challenges and needs of girls in the Disarmament, Demobilization and Reintegration (DDR) process (CRC/C/OPAC/RWA/CO/1, paragraph 21). The Committee requests the Government to take the necessary gender-sensitive measures to repatriate and reintegrate children, particularly girls who are affected by armed conflict within the framework of the DDR process. The Committee also requests the Government to pursue its efforts to ensure that former child soldiers receive appropriate assistance for their rehabilitation and social reintegration. It requests the Government to continue providing information on the number of children, including girls, who have benefited from the activities of the RDRC.

2. Commercial sexual exploitation. The Committee previously noted the Government’s statement in its report to the CRC of 1 March 2012 that, despite the efforts of the Government, children are still exploited in prostitution, and that orphans, children from poor areas and child domestic workers may be particularly vulnerable to becoming engaged in this worst form of child labour (CRC/C/RWA/3 4, paragraphs 366, 399 and 403). The Committee, therefore, requested the Government to strengthen its efforts to protect children under 18 years from engaging in prostitution and to ensure that such victims have access to appropriate services for their rehabilitation and social reintegration.

The Committee notes the Government’s information that a National Policy for Orphans and Other Vulnerable children (OVCs), which sets specific objectives for protection and prevention mechanisms against child sexual exploitation, has been implemented and a gender-specific Protocol and codes of conduct on protection of OVCs from exploitation has been developed. The Government further states that child victims of sexual exploitation are provided with legal assistance, counselling and other services at the rehabilitation centres. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of children involved in commercial sexual exploitation. It requests the Government to continue providing information on the measures taken to this end, and information on the number of child victims of sexual exploitation who have benefited from the rehabilitation centres.

Clause (d). Children at special risk. 1. HIV/AIDS orphans and other OVCs. Following its previous comments, the Committee notes from the Government’s report that it has introduced several measures to support OVCs, such as providing school fees and school materials and support for income-generating activities to households with OVCs. The Committee also notes from a report of the Ministry of Health of Rwanda, entitled Global AIDS Response Progress Report of 2014, that through the coordination of the National Commission for Children (NCC), different partners, including UN agencies and NGOs provide support to orphans and OVCs on different components related to education, housing support, health, and psychosocial support. According to this report, by the end of 2013, an estimated 44,096 girls and 35,991 boys were provided access to primary education; 30,765 girls and 24,096 boys were provided access to secondary education; 3,082 girls and 2,023 boys were provided vocational training; and 987 girls and 779 boys were provided shelter. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from the worst forms of child labour. It also encourages the Government to continue to take measures to facilitate access to education for these children. Lastly, the Committee requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved.

2. Refugee children. The Committee notes that the CRC, in its concluding observations of July 2013 on the initial report of Rwanda on the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography expressed its concern at the increase of cases of child trafficking, and that children, particularly refugees, are victims of trafficking to the other East African countries and other destinations where they are exposed to forced agricultural and industrial labour, domestic work and prostitution. The CRC also expressed concern about reports of adolescent girls disappearing from the refugee camps without their families being aware of their whereabouts (CRC/C/OPSC/RWA/CO/1, paragraphs 22–23). The Committee requests the Government to take effective and time-bound measures to protect refugee children from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes the statistical information on the school enrolment rates provided by the Government. According to this information, the number of girls enrolled in secondary education increased from 50.7 per cent in 2010 to 52.2 per cent in 2012. Recalling that education is one of the most effective ways to prevent the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to raise the enrolment rates and reduce the drop-out rates of girls at the secondary level. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved.

Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), that within the framework of the National Policy on Elimination of Child Labour and its five-year Action Plan (NAP) adopted in 2013, a total of 105 children were withdrawn from child labour from the agricultural sector and a total of 8,575 children were withdrawn from other sectors and reintegrated into formal schools and vocational training. It also notes the information from the ILO–IPEC project report (Global Action Plan (GAP) report) that since 2013 the project financed the training of 35 labour inspectors on child labour monitoring systems, development of strategies on fighting child labour and new reporting system techniques. In addition, a campaign to sensitize social affairs and education staff at the sector level on the elimination of child labour policy was implemented in ten training centres representing 30 districts in four provinces and Kigali City and targeted 416 social affairs and 416 education officers. The Committee notes, however, that the CRC, in its concluding observations of July 2013, expressed concern about the high prevalence of child labour in rural areas particularly in the agricultural and domestic sectors, and that despite legal prohibitions, approximately 65,628 children are involved in hazardous work (CRC/C/RWA/CO/3-4, paragraph 60). The Committee requests the Government to strengthen its efforts to ensure the protection of persons under 18 years of age from the worst forms of child labour, within the frame work of the NAP. It requests the Government to provide information on the concrete measures taken in this regard and on the results achieved. It also requests the Government to take the necessary measures to ensure that information is made available on the nature, extent and trends of the worst forms of child labour and the number of children covered by measures giving effect to the Convention, the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.