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Repetition

Articles 1(1) and 2(1) of the Convention. Punishment of vagrancy. The Committee previously requested the Government to indicate whether vagrants and beggars admitted at rehabilitation and production centres are required to perform work or participate in production activities. The Government indicates that vagrancy is considered as a «destructive behaviour» under Law No. 17/2017 of 28 April 2017 establishing the National Rehabilitation Service (NRS) and determining its mission, organization and functioning. In this regard, the Committee notes that the overall mission of the NRS is to «eradicate all forms of deviant behaviours by instilling positive behaviours, educating and providing professional skills», including through the coordination of the activities of rehabilitation and transit centres (section 7). It further notes that, pursuant to Law No. 17/2017, several Presidential and Ministerial Orders were adopted, such as:

• Ministerial Order No. 001/07.01 of 19 April 2018 determining, mission, organization and functioning of transit centres, which provides that transit centres are used for accommodating on a temporary basis people exhibiting “deviant acts or behaviours”, such as vagrancy, informal street vending, begging, prostitution, drug use or “any other deviant behaviour that is harmful to the public” (section 2). Such persons are selected and placed to a rehabilitation centre, upon decision of a steering committee.
• Presidential Orders Nos 99/01, 100/01 and 101/01 of 2 June 2018 which establish Iwawa, Gitagaga and Nyamagabe rehabilitation centres, thus replacing previous rehabilitation and production centres for vagrant people, which provide that once the person is registered in the centre, he or she shall receive training and technical know-how which must be in accordance with the programmes established by Government institutions in charge of vocational trainings and rehabilitation programmes. The management of the centre determines the period a person spends in the centre (sections 4, 11 and 12).

The Committee observes that, under the above provisions, vagrants, beggars or other persons who exhibit act or behaviour considered as «deviant» can be placed in transit and rehabilitation centres and requested to undertake activities which are assigned to them during the period determined by the centres. It observes that no provision refers to the prior consent of such persons nor to the possibility to appeal against the decisions taken by such centres. The Committee notes the Government’s indication that beggars and vagrants are not required to perform any work or participate in production activities, as such centres provides psychosocial rehabilitation through ergo therapy, including participation in hygienic works as well as practical activities leading to mastering vocational skills. It observes, however, that rehabilitation centres are also responsible for establishing programmes of income generating activities for the centres (section 4(9) of Presidential Orders Nos 99/01, 100/01 and 101/01 of 2 June 2018). The Committee requests the Government to provide information on: (i) the number of beggars, vagrants and other persons who exhibit acts or behaviours considered as “deviant” transferred to transit and rehabilitation centres; (ii) the types of training and technical know-how such persons are required to perform; as well as (iii) the duration of such assignments. It further requests the Government to provide information on the programmes of income generating activities established by the rehabilitation centres as well as the participation of beggars, vagrants and other “deviant” persons in such programmes. Lastly, the Committee requests the Government to indicate the penalties applicable in case of refusal of such persons to perform the activities assigned to them in the framework of rehabilitation programmes.

2. Freedom of public servants and career military personnel to leave their employment. The Committee recalls that, according to section 87 of the Presidential Order No. 32/01 of 3 September 2012 establishing the special statute of the Defence Forces, the member of the armed forces has to submit a written application for resignation to the competent authority which has 90 days to issue a decision and if the authority does not issue a decision within this time limit, the resignation is deemed to have been accepted. It notes that Presidential Order No. 32/01 was replaced by the Presidential Order No. 044/01 of 14/02/2020 establishing special statute governing Rwanda Defence Force which provides that a soldier may submit, in writing, to the Minister his or her application for cessation of military service. The Minister communicates, in writing, to the applicant the decision taken within 60 days from the date of reception of the application (section 106). The Committee further notes the adoption of the Law No. 17/2020 of 7 October 2020 establishing the general statute governing public servants which provides that a public servant has to submit a written application for resignation or cessation of duties in the interest of the service to the appointing authority. More particularly, a public servant who submits his or her application for resignation continues to discharge his or her duties until he or she is notified of the decision on his or her application in a 30 days-period, but if the appointing authority does not issue a decision within this time limit, the resignation is deemed to have been accepted (sections 73, 78 and 81).

The Committee observes that, under the above provisions, the application to resign made by the public servant or member of the armed forces may be either accepted or refused, and the legislation does not establish the criteria to be used to decide whether a resignation request will be granted. It recalls that, under the Convention, public servants, including career military personnel in peacetime, should have the right to leave their employment within a reasonable period, for example by means of previous notice (2012 General Survey on the fundamental Conventions, paragraph 290). The Committee requests the Government to provide information on any steps taken with a view to ensure that public servants and career military personnel are not deprived of the right to leave the service in peace time within a reasonable period, either at regular intervals or with prior notice. In the meantime, it requests the Government to indicate the criteria applied in accepting or rejecting a resignation request by public servants and career military personnel. Lastly, the Committee requests the Government to provide statistical information on the number of resignation requests submitted, number of resignations accepted or refused and, if applicable, information on the grounds for refusal.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prison labour. The Committee previously noted that prison labour may be carried out for the benefit of private companies and that according to section 45 of the Law No. 34/2010 on the establishment, functioning and organization of Rwanda Correctional Service, a prisoner may be requested or can himself/herself request to perform work but he/she cannot be forced to perform work, with the exception of section 50(8) which provides that an incarcerated person has the obligation to perform activities for the development of the country, him/herself and the prison. It requested the Government to specify the manner in which prisoners formally give their consent to work for private enterprises, in practice, and to provide samples of agreements concluded between prison authorities and private companies using prison labour. The Committee notes the Government’s statement that work in private enterprises is performed with the consent of prisoners and safety and health conditions are respected. The Government also indicates that a draft law regulating correctional services is currently under enactment process that would repeal the obligation of prisoners to perform activities for the development of the country, himself or herself and the prisons in order to avoid any abuse that may result from its application. The Committee takes notes of the copy of the agreement concluded for the construction of four classrooms by prisoners between the Rusizi district and the Rusizi prison in December 2019, transmitted by the Government and observes that this agreement was concluded between prison authorities and a public authority. The Committee requests the Government to provide updated information on the current status of the revision process of Law No. 34/2010 on the establishment, functioning and organization of Rwanda Correctional Service, as well as a copy of the new legislation once adopted. Meanwhile, the Committee once again requests the Government to provide information on the measures taken to ensure that free, formal and informed consent is required from convicted prisoners when they work for private entities, as well as copy of agreements concluded between prison authorities and private companies using prison labour.

2. Sentence involving the performance of community work. Referring to its previous comments, the Committee notes that, according to section 35 of the Law No. 68/2018 of 30 August 2018 determining offences and penalties in general, community service can be imposed as a principal penalty in lieu of imprisonment when an offence is punishable by a term of imprisonment of up to five years. It further notes that, pursuant to the Presidential Order No. 66/01 of 2 November 2012 determining the modalities of implementation of community service as an alternative penalty to imprisonment, persons sentenced to community service can work for public administration, public institutions, civil organizations and members of private sector, after authorization by the Rwanda Correctional Service (RCS) and a memorandum of understanding must be signed between the beneficiary entities and the RCS. The Committee recalls that, where the performance of community work may be for the benefit of private entities, such as charitable associations or institutions, the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee requests the Government to provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed, including copies of memorandum of understanding signed between private entities and the Rwanda Correctional Service.

Article 25. Penal sanctions for the exaction of forced labour. Referring to its previous comments regarding national legislative provisions establishing that forced labour may be punished only with a fine, the Committee notes with interest that section 22 of the Law No. 51/2018 of 13 August 2018 relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others criminalizes forced labour, slavery and other related practices and establishes penalties of imprisonment for a term of one to three years and a fine. Aggravated penalties are established by the law when forced labour is imposed on a victim of trafficking in persons or on a vulnerable person.