Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the Government’s information, in its report, on the adoption of Act No. 51/2018 of 13 August 2018 relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others, which repeals the provisions of the Criminal Code criminalizing trafficking in persons. The Committee welcomes the fact that, in addition to provisions criminalizing trafficking in persons and establishing stringent penalties of imprisonment (section 18), Act No. 51/2018 also includes provisions on the prevention of trafficking, and on providing protection and assistance to the victims (sections 7 to 15). It notes the Government’s indication that several awareness-raising and training activities were undertaken on trafficking in persons, more particularly for law enforcement institutions regarding the identification, investigation and prosecution of cases of trafficking in persons. The Government adds that, in 2019, the Rwanda Bureau of Investigation opened 63 cases of transnational trafficking in persons (41 for forced labour and 22 for sexual exploitation). Furthermore, 64 individuals were arrested for trafficking in persons, of whom 9 were prosecuted. Two individuals were convicted and sentenced to 20 years of imprisonment and a fine.

The Committee notes that, according to the findings of research undertaken in collaboration with the Ministry of Justice and the International Organization for Migration (IOM), in 2018, Rwanda is a transit country and, to a lesser extent, a country of origin for trafficking in persons. Data from the Department of Immigration and Emigration (DGIE) show that the majority of the suspected victims of trafficking in persons identified were women (77.67 per cent) and were mainly from neighbouring countries, and that Middle East Countries and East African Countries are the most frequent destination. The Committee notes that, in the framework of the Universal Periodic Review (UPR) of the United Nations Human Rights Council, the Government indicated that the findings of this research informed the drafting of the National Action Plan on counter-human trafficking which was at the stage of adoption by the Cabinet in November 2020 (A/HRC/WG.6/37/RWA/1, 9 November 2020, paragraph 107). It further notes that, in its 2021 concluding observations, the United Nations Committee on Migrant Workers expressed concern at the limited knowledge about trafficking in persons and the challenges in evidence-gathering as one of the main causes of the low conviction rate for the crime of trafficking in persons as compared with other crimes (CMW/C/RWA/CO/2, paragraph 53). The Committee requests the Government to pursue its efforts to combat trafficking in persons for both labour exploitation and sexual exploitation, including through the swift adoption of the draft National Action Plan on counter-human trafficking. The Committee requests the Government to provide information on the measures taken in this context to ensure adequate protection of victims of trafficking and strengthen the capacity of the law enforcement authorities to identify, investigate and prosecute cases of trafficking. The Committee also requests the Government to provide information on the number of cases investigated and prosecuted, the number of convictions handed down and the penalties imposed.

Article 2(2)(e). Minor communal services. For a number of years, the Committee has been drawing the Government’s attention to the fact that sections 2(2), 3, 5 and 13 of Act No. 53/2007 of 17 November 2007 on community work, go well beyond the exception allowed in Article 2(2)(e) of the Convention for minor communal services. It noted that, pursuant to Act No. 53/2007, community work, referred to as Umuganda, shall aim to promote development activities in the framework of supporting the national budget and that every Rwandan from 18 to 65 years old shall have the obligation to perform community works, which shall take place on the last Saturday of every month. Persons who fail to participate without justified reasons are punishable by a fine. The Committee noted from the information provided by the Government that infrastructure construction was one of the main activities.

The Committee notes the Government’s indication that Umuganda isthe gathering of efforts of many people in order for them to carry out a general public interest activity. These community works shall be considereda civic obligation for Rwandan citizens, as provided for in Article 2(2)(b) of the Convention. In that regard, the Committee emphasizes that the exception of “normal civic obligations” provided for under this provision of the Convention should be understood in a very restrictive way. Three kinds of such “normal civic obligations” are specifically mentioned in the Convention as exceptions to its scope, namely: compulsory military service, work or service in cases of emergency and “minor communal services”. Thus, it is not possible to consider, within the meaning of the Convention, “normal civic obligations” to be work undertaken for public purposes, such as compulsory public works of general importance or compulsory national development service, which is prohibited by the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 277). Furthermore, the Committee recalls that “minor communal services” do not constitute forced labour only if certain criteria are met: (i) the services must be “minor”, such as relating primarily to maintenance work; (ii) the services must be performed in the direct interest of the community and not relate to the execution of works intended to benefit a wider group; and (iii) the community which has to perform the services, or their “direct” representative, must be consulted in regard to the need for such services. Noting that the large-scale participation in Umuganda is compulsory and infrastructure construction is one of the main activities, the Committee urges the Government to take the necessary measures to review the provisions of Act No. 53/2007 of 17 November 2007 to ensure compliance with the Convention, whether by ensuring that participation in community works is voluntary or by limiting their scope to the exception of “minor communal services”. It requests the Government to continue to provide examples of the types of community works that can be required of the population under Act No. 53/2007.