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Minimum Age Convention, 1973 (No. 138) - Rwanda (RATIFICATION: 1981)

Article 1 of the Convention. National policy. Further to its previous comments, the Committee notes the Government’s statement that a five-year action plan on child labour is being prepared. It requests the Government provide a copy of the plan as soon as it is adopted.

Article 2, paragraph 1. Scope. The Committee noted previously that section 2 of the Labour Code defines the term "worker" as any person who has undertaken to place his or her occupational activity, in exchange for remuneration, under the direction and authority of another individual or entity, whether public or private. It pointed out that the Labour Code does not apply to own account employment. In its report, the Government indicates that in Rwanda most children who work are self-employed. It also indicates that the fact of being employed or self-employed has no bearing on whether the labour inspectorate intervenes, the criterion being whether the work in question is liable to harm the child’s health, physical and mental development, morals and education. Furthermore, inspections tend to be in the formal sector. While noting this information, the Committee again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. Consequently, it again requests the Government to provide information on the measures taken or envisaged to ensure that children carrying out an economic activity on their own account enjoy the protection afforded by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous observation, the Committee noted that by virtue of sections 38 and 40 of Act No. 14/1985 to organize primary, integrated rural and crafts education and secondary education, school is compulsory from the age of 7 years for a period of six years, ending at the age of 13 years. The Committee also noted that, on ratifying the Convention, the Government specified a minimum age of admission to employment or work of 14 years. The Committee expressed the view that the requirement under Article 2, paragraph 3, of the Convention, is met to the extent that the minimum age for admission to employment or work is not below the age at which compulsory education ends. Nonetheless, it expressed its conviction that compulsory education is an effective means of combating child labour and that it is necessary to link the minimum age for admission to employment or work with the age limit for compulsory education. It pointed out that if the two do not coincide various problems may arise. If compulsory schooling ends before young people may work legally, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the Committee of Experts on the application of Conventions and Recommendations (Part 4B), ILC, 67th Session, Geneva, 1981, paragraph 140). It accordingly expressed the view that it is desirable for the school-leaving age to coincide with the minimum age to employment or work, as indicated in Paragraph 4 of Recommendation No. 146, in order to avoid a period of forced inactivity. The Committee notes in this connection the Government’s statement that it plans to extend the length of primary education. It requests the Government to report on all progress in this regard.

Article 3, paragraph 1. Age of admission to hazardous work. In its previous comments, the Committee noted that by virtue of section 65(3) of the Labour Code, a child below 16 years of age may not be admitted to employment in night work or unhealthy, arduous, harmful or hazardous activities. Noting that under this provision the age for admission to hazardous work is 16 years, the Committee reminded the Government that according to Article 3, paragraph 1, of the Convention, types of work which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons are prohibited for young persons under the age of 18 years. The Committee notes, from the information sent by the Government, that the Labour Code is in the process of being revised in order to raise the age of admission to hazardous work from 16 to 18 years. The Committee hopes that the draft revision of the Labour Code will be adopted in the very near future. It requests the Government to provide a copy of the text as soon as it has been adopted.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee expressed the hope that the order referred to in section 64 of the Labour Code to establish the nature of the types of work and categories of enterprises prohibited for young persons would be adopted in the near future. The Committee notes from the information supplied by the Government that a draft order concerning the list of types of hazardous work and the categories of enterprises prohibited to children under the age of 18 has been prepared as part of the revision of the Labour Code. The Committee also notes that the Government plans to consult employers’ and workers’ organizations on the matter. The Committee again expresses the hope that the order to determine types of employment and work which are likely to jeopardize the health, safety or morals of young persons under 18 years of age will be adopted as soon as possible. It requests the Government to provide a copy of the text as soon as it has been enacted.

Article 8. Artistic performances. Further to its previous comments, the Committee notes the Government’s statement that it will take steps to ensure that the order regulating the participation of children in activities such as artistic performances is authorized by the competent authority following consultation of the employers’ and workers’ organizations. The Committee again expresses the hope that this text will be adopted very shortly. It requests the Government to provide a copy of it as soon as it has been adopted.

Article 9, paragraph 3. With reference to its previous comments, the Committee notes that, according to the Government, the draft ministerial order on the employer’s register is being finalized. The Committee again expresses the hope that the order will be adopted as soon as possible and requests the Government to provide a copy of it as soon as it has been adopted.

Part V of the report form. Practical application of the Convention. The Committee notes the statistics sent by the Government. According to these data, 352,550 children have declared themselves to be workers, 186,305 of whom are girls and 166,245 boys. Of these, 83.1 per cent work in agriculture, forestry and silviculture, 11.9 per cent in domestic work, 1.2 per cent in commerce and 0.7 per cent in manufacturing. The Committee also notes that, in its concluding observations on the second periodic report of Rwanda in July 2004 (CRC/C/15/Add.234, paragraphs 64 and 65), the Committee on the Rights of the Child expresses its deep concern that child labour in the country is widespread, particularly in the informal sector, such as domestic work, and that children may be working long hours at young ages, which has a negative effect on their development and school attendance. The Committee is concerned at the situation of child workers in Rwanda and requests the Government to provide detailed information on the measures taken in this regard. It invites the Government to step up its efforts to improve matters gradually. It also asks the Government to provide specific information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young people, extracts of inspection reports and data on the number and nature of contraventions reported. To the extent possible, all information provided should be by age bracket and disaggregated by sex.