Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Rwanda (Ratification: 2000)

Other comments on C182

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that military service is prohibited for young persons under 18 years of age and persons must be at least 18 years of age to be admitted to the Rwandan defence forces. The Committee also noted that the Law Regulating Labour (2009) prohibits involving any person under the age of 18 in the worst forms of child labour, including using children in conflicts and war (pursuant to section 72). It further noted that a draft Ministerial Order determining the list of the worst forms of child labour had been developed, and requested a copy of the Order, once adopted.

The Committee notes the adoption of Ministerial Order No. 6 of 13 July 2010 determining the list of the worst forms of child labour, their nature and categories of institutions that may not employ children. Section 3(5) of this Ministerial Order states that the use of children in conflict and wars is one of the worst forms of child labour and is prohibited. Moreover, the Committee notes that the new Penal Code, adopted in 2012, prohibits involving a child in armed conflicts (pursuant to section 221).

Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee noted that while the Law Regulating Labour (2009) prohibits engaging children under 18 in work that is likely to harm their health, this legislation did not appear to cover children working in the informal sector or on a self-employed basis (pursuant to sections 2 and 3(3)). It therefore requested information on the measures taken to protect children working in these sectors from performing hazardous types of work.

The Committee notes the Government’s statement that the National Action Plan for the Elimination of Child Labour (NAP) is being revised, and one of the reasons for its revision is to ensure the establishment of efficient measures aimed at curbing child labour in the informal economy and for self-employed children. The Committee requests the Government to provide information in its next report on the measures taken within the framework of the NAP, once revised, to ensure that self-employed children, and those working in the informal economy, are protected against hazardous types of work.

Article 6. Programmes of action. The Committee previously noted that a draft NAP was developed in 2007 which contained a focus on the worst forms of child labour.

The Committee notes the Government’s statement that the NAP is being revised, and that its adoption is expected soon. The Committee urges the Government to take the necessary measures to ensure the completion, adoption and implementation of the NAP in the near future. It requests the Government to provide information on the impact of the measures taken, within the framework of the NAP, to combat and eliminate the worst forms of child labour.

Article 7(1). Penalties. The Committee previously requested the Government to indicate the regulation or legislation which establishes sufficiently effective and dissuasive penalties for persons who recruit children under 18 for use in armed conflict or engage children in hazardous work.

The Committee notes that section 72 of the Law Regulating Labour (2009) makes it an offence to subject children under 18 to the worst forms of child labour. The Committee takes due note that section 168 of the Law Regulating Labour (2009) states that, subject to the provisions of the Penal Code of Rwanda, a person found guilty of the offence referred to in section 72, shall be liable to a term of imprisonment ranging from six months to 20 years and a fine of 500,000 to 5 million Rwandan francs (RWF) (approximately USD$830 to $8,300) or to one of these penalties. The Committee also notes with interest that pursuant to section 221 of the Penal Code of 2012, any person who exploits a child by involving him or her in armed conflict shall be liable to a term of imprisonment of five years to seven years and a fine of RWF5 million to RWF10 million (approximately $8,305 to $16,611). If this offence is committed within the framework of a criminal organization (even if the offender is not among the leaders of such an organization) the penalty shall be a term of imprisonment of seven years to ten years and a fine of RWF10 million to RWF20 million (approximately $16,611 to $33,222), and if the child is involved in transnational armed conflicts, the penalty shall be a term of imprisonment of ten years to 15 years and a fine of RWA20 million to RWF30 million (approximately $33,222 to $49,833). The Committee requests the Government to provide information on the application in practice of section 168 of the Law Regulating Labour (2009) and section 221 of the Penal Code of 2012, including the number of investigations, prosecutions, convictions and the specific penalties applied.

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. The Committee previously noted that the Rwanda Demobilization and Reintegration Commission (RDRC) was responsible for reintegrating children affected by armed conflict. Through the RDRC, former child combatants are provided with rehabilitation, family tracing, family mediation, reunification, the provision of a take-home kit and reintegration support (including formal education, vocational training, income-generation assistance and life-skills training). The Government indicated that stage III of the Rwanda Demobilization and Reintegration Programme planned to help 3,300 child ex-combatants demobilize and reintegrate.

The Committee notes the Government’s statement that it continues to provide psychosocial rehabilitation, professional orientation and training services for children associated with armed rebel groups operating in the Democratic Republic of Congo. In this regard, the Committee notes the information from the report of the Secretary-General on children and armed conflict that 40 of the 1,244 children separated from armed forces and groups in 2011 in North Kivu, South Kivu and Orientale Province in the Democratic Republic of Congo were Rwandans (26 April 2012, A/66/782-S/2012/261, paragraph 189). Taking due note of the comprehensive measures taken by the Government in this regard, the Committee urges 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 to provide recent information on measures taken in this regard, including the number of children who have benefited from the activities of the RDRC.

2. Commercial sexual exploitation. In its previous comments, the Committee noted the concern expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of July 2004 (CRC/C/15/Add. 234, paragraph 16), about the increasing number of child victims of sexual exploitation, especially among girls, orphans and other disadvantaged children. The Committee also noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 8 September 2009, expressed concern at the criminalization of women and girls involved in prostitution (CEDAW/C/RWA/CO/6, paragraph 27). The Committee further noted the information in the draft NAP that the areas most affected by child prostitution are the Ginsuzu and Rusizi districts in the Western Province, the Musanze District in the Northern Province and the Gikondo, Nyamirambo, Remera and Muhima areas in Kigali city. Lastly, the Committee noted that the UN Human Rights Committee, in its concluding observations of 7 May 2009, expressed concern that authorities in Kigali often arrest people belonging to vulnerable groups, including street children and sex workers, on the grounds of vagrancy, who are then held in detention (in very poor material conditions) without any charges being brought (CCPR/C/RWA/CO/3, paragraph 16). The Committee strongly encouraged the Government to take measures to ensure that child victims of commercial exploitation are treated as victims rather than offenders.

The Committee notes the Government’s statement that child victims of commercial sexual exploitation are not treated as offenders. The Government states that they are treated as victims and given rehabilitative services, and that it continues its efforts to ensure that child victims are protected through strengthening laws and national policy. The Committee also notes the Government’s statement that further strategies will be adopted within the revision of the NAP. The Committee further notes 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). In this regard, the Committee requests the Government to strengthen its efforts to protect children under 18 from engaging in prostitution, and to ensure that such victims have access to appropriate services for their rehabilitation and social reintegration. It also requests the Government to provide information on measures taken in this respect, particularly with regard to children from poor areas, orphans and other vulnerable children.

Clause (d). Children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted the Government’s indication in its UN General Assembly Special Session on HIV/AIDS (UNGASS) Country Progress Report of March 2010 that while programmes for OVC support had been scaled up in recent years, these programmes remain far from covering the needs of even the most vulnerable children, and that access to even a minimum package of services is limited. Additionally, while 91 per cent of non-orphans aged 10–14 attended school, only 74.6 per cent of orphans did.

The Committee notes the Government’s statement that through the revision of the NAP, the aspect of HIV/AIDS as a potential cause of child labour is being emphasized, and new strategies to prevent HIV/AIDS orphans from becoming involved in child labour will be set. The Government also states that an Orphans and Vulnerable Children Policy has been adopted, to facilitate children of school-going age to attend school. The Committee further notes the Government’s information in its Country Progress Report to UNGASS of 30 March 2012 that there are approximately 135,000 orphans and vulnerable children under 18 years of age in the country. The Government indicates that, according to the Ministry of Gender and Family Promotion, these children have a harder time accessing education and have poorer living conditions than other groups in the country, and that this remains a challenge for the Government. However, this report also indicates an increase in the per cent of orphans who are attending school, with approximately 84 per cent of orphan girls attending school (compared to 96 per cent for non-orphans), and approximately 91 per cent of orphan boys attending school (compared to 96 per cent of non-orphan boys). 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, including through the revision of the NAP, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. 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.

Clause (e). Special situation of girls. The Committee previously noted that CEDAW, in its concluding observations of 8 September 2009, expressed concern at the low enrolment rate of girls in secondary and higher education and at the high dropout rate of girls (CEDAW/C/RWA/CO/6, paragraph 31). It also noted that the Ministry of Education had developed a policy on girls’ education.

The Committee notes the Government’s statement that it has provided a specific budget line for the Girls’ Education Strategic Plan 2009–13. The Committee also notes that a Girls’ Education Task Force has been put in place for synergy among the collective efforts of all partners in improving access and quality of girls’ education. The Government indicates that separate facilities were established in some schools to create a more conducive environment to girls’ attendance. The Government further states that the enrolment rate and attendance rate for girls has been increasing on a yearly basis, with an increase of nearly 100,000 girls attending primary school between 2007 and 2011, and the net enrolment rate of girls for primary school rising to 97.5 per cent. However, the Committee notes that while the number of girls attending secondary school did increase over the same period, the net enrolment rate for girls in secondary education was only 27.2 per cent in 2011. 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, within the framework of the Girls’ Education Strategic Plan of the Ministry of Education, to raise the enrolment 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.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the reports of labour inspectors did not contain information on inspections carried out relating to the worst forms of child labour. It noted that, due to the shortage of human and material resources, labour inspectors could only cover one twelfth of the national territory and their inspections did not cover all sectors in which child labour occurs, such as tea plantations. The Committee also noted that Rwanda is a source and destination country for child victims of trafficking for the purposes of forced labour and commercial sexual exploitation. The Committee further noted the statement in the draft NAP that children in Rwanda are victims of commercial sexual exploitation, are used for the purpose of begging and are engaged in hazardous types of work in mines and in brickwork.

The Committee notes the Government’s statement that inspections carried out by labour inspectors cover the whole territory of the country. The Government states that appropriate measures will continue to be taken to ensure that the reports of labour inspectors cover information regarding the worst forms of child labour. The Committee also notes the Government’s statement that the revision of the NAP will help to establish a mechanism for effective monitoring and evaluation including regular data collection regarding the worst forms of child labour. The Committee also notes the Government’s statement in its report to the CRC of 1 March 2012 that, despite the Government’s efforts to ensure the full enjoyment of the rights and freedoms of all children, children are still exploited in domestic labour; on tea, rice and sugar cane plantations; and in prostitution (CRC/C/RWA/3-4, paragraph 403). 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, and to continue to provide information on measures taken in this regard. It also encourages the Government to pursue its effort, through the revision and subsequent implementation of the NAP, 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. It requests the Government to provide this information, when it becomes available. To the extent possible, all information provided should be disaggregated by sex and age.