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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy on the effective abolition of child labour and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication in its report that it is committed to eradicating child labour in the country and that measures have been undertaken in this regard, including:

• The establishment of Child Labour Steering Committees (CLSCs) from district to village level by Ministerial Guidelines of 17 September 2018, whose responsibilities include conducting awareness-raising campaigns, conducting inspections, and reporting child labour cases and persons who employ children in prohibited forms of work;
• The establishment of an Integrated Labour Administration System (ILAS), which aims to strengthen the management of labour administration data, including child labour. Through this system, labour inspectors and CLSCs are enabled to report child labour cases through mobile phones.

The Committee further notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the UN Committee on the Rights of the Child (CRC) of 15 January 2020, that the National Commission of Children (NCC) is implementing a project called “It takes all Rwandans to end child exploitation” in partnership with World Vision Rwanda (CRC/C/RWA/RQ/5-6, paragraphs 148–50). Part of its objectives is to contribute to increased protection of children from child labour and sexual abuse by 2022, through strengthened prevention measures, enhanced response mechanisms and improved resilience. The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour in the country, including within the framework of the project to end child exploitation and through the activities of the CLSCs and to provide information on the results achieved. The Committee further requests the Government to provide updated statistical information on children involved in child labour and hazardous work in the country, including the statistics collected by the ILAS.

Article 2(1). Scope of application and labour inspection. Children working in the informal economy. The Committee previously noted in its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Law Regulating Labour (2009) did not apply to the informal sector, and therefore children working in this sector did not benefit from the prohibition on child labour contained in this Law. The Committee further noted that the CRC expressed its concern at 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 were involved in hazardous work. The Committee noted that despite the measures undertaken to reduce child labour, including in domestic work, many girls living in poverty continued to be exploited as domestic workers, a condition in which they frequently face precarious conditions, labour exploitation, sexual abuse, violence and harassment.

The Committee notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the CRC of 15 January 2020, that administrative sanctions are provided for by the Ministerial Instructions No. 01/2017 of 17 November 2017 on the prevention and fight against child labour, which are being implemented to fight against the worst forms of child labour and hazardous work and which are particularly useful to combat child labour in the informal economy (CRC/C/RWA/RQ/5-6, paragraph 143). The Committee notes that, under section 14 of these Instructions, fines are provided for employers who engage children in child labour or exploitation both in the formal and informal sectors. They may also be punished, by a temporary closure of their establishment for a period ranging from seven days to one month.

The Committee further notes the Government’s information in its report that Law No. 66/2018 of 30 August 2018 regulating labour in Rwanda applies to the informal sector, including child labour in the informal economy. In accordance with section 113, the Labour Inspectorate is responsible for monitoring compliance with the Law, its implementing orders and collective agreements, as well as raising awareness and providing advice on matters relating to the laws governing labour and social security.

In this regard, in its replies to the CRC, the Government indicates that child labour inspectors have been deployed at the district level to work hand in hand with different concerned institutions such as the police in making sure that child labour cases are investigated and punished. Every year about 30 million Rwandan francs are allocated to facilitate labour inspections and investigate cases of child labour (CRC/C/RWA/RQ/5-6, paragraph 146). The Committee welcomes the measures taken by the Government and encourages it to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly in the agricultural sector and domestic service. In this regard, the Committee also requests the Government to provide information on the data gathered by the labour inspection concerning child labour, including statistical information on the number and nature of reported violations, and the penalties imposed in the event of violations, in application of both Ministerial Instructions No. 01/2017 and Law No. 66/2018.

Article 7(1) and (3). Light work and determination of light work activities. The Committee notes that, according to section 5 of Law No. 66/2018, a child aged 13 to 15 years is allowed to perform light work in the context of apprenticeships. The Committee notes that article 3(26) of the law defines light work as “work which cannot have a detrimental effect of child’s health, child development and child’s education or other aspects of child’s life interest”. Moreover, the Ministerial Instructions No. 07/2017 provide that children aged 13 to 15 years may perform light work and establishes a list of types of light work that these children may engage in (sections 7 and 8). However, the Committee notes that section 8 adds that light work activities must not exceed 40 hours per week.

The Committee draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee is of the view that authorizing children from the age of 13 to carry out work for up to 40 hours per week, as allowed by the Ministerial Instructions No. 07/2017, may affect their attendance at school and reduce the time needed for homework related to their education, as well as their period for rest and leisure. This could also have a negative impact on the children’s physical and mental development. The Committee therefore considers that the number of hours set out in section 8 do not meet the conditions for carrying out light work activities, in line with paragraphs 1 and 3 of Article 7 of the Convention. The Committee requests the Government to take the necessary measures to determine a number of hours which constitutes light work that is in line with Article 7(1) and (3) of the Convention, in both Ministerial Order No. 07/2017 and Law No. 66/2018. It requests the Government to provide information on progress made in this regard in its next report.

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Article 1 of the Convention. National policy on the effective abolition of child labour and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication in its report that it is committed to eradicating child labour in the country and that measures have been undertaken in this regard, including:

• –The establishment of Child Labour Steering Committees (CLSCs) from district to village level by Ministerial Guidelines of 17 September 2018, whose responsibilities include conducting awareness-raising campaigns, conducting inspections, and reporting child labour cases and persons who employ children in prohibited forms of work;
• –The establishment of an Integrated Labour Administration System (ILAS), which aims to strengthen the management of labour administration data, including child labour. Through this system, labour inspectors and CLSCs are enabled to report child labour cases through mobile phones.

The Committee further notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the UN Committee on the Rights of the Child (CRC) of 15 January 2020, that the National Commission of Children (NCC) is implementing a project called “It takes all Rwandans to end child exploitation” in partnership with World Vision Rwanda (CRC/C/RWA/RQ/5-6, paras. 148-150). Part of its objectives is to contribute to increased protection of children from child labour and sexual abuse by 2022, through strengthened prevention measures, enhanced response mechanisms and improved resilience. The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour in the country, including within the framework of the project to end child exploitation and through the activities of the CLSCs and to provide information on the results achieved. The Committee further requests the Government to provide updated statistical information on children involved in child labour and hazardous work in the country, including the statistics collected by the ILAS.

Article 2(1). Scope of application and labour inspection. Children working in the informal economy. The Committee previously noted in its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Law Regulating Labour (2009) did not apply to the informal sector, and therefore children working in this sector did not benefit from the prohibition on child labour contained in this Law. The Committee further noted that the CRC expressed its concern at 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 were involved in hazardous work. The Committee noted that despite the measures undertaken to reduce child labour, including in domestic work, many girls living in poverty continued to be exploited as domestic workers, a condition in which they frequently face precarious conditions, labour exploitation, sexual abuse, violence and harassment.

The Committee notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the CRC of 15 January 2020, that administrative sanctions are provided for by the Ministerial Instructions No. 01/2017 of 17 November 2017 on the prevention and fight against child labour, which are being implemented to fight against the worst forms of child labour and hazardous work and which are particularly useful to combat child labour in the informal economy (CRC/C/RWA/RQ/5-6, para. 143). The Committee notes that, under section 14 of these Instructions, fines are provided for employers who engage children in child labour or exploitation both in the formal and informal sectors. They may also be punished, by a temporary closure of their establishment for a period ranging from seven days to one month.

The Committee further notes the Government’s information in its report that Law No. 66/2018 of 30 August 2018 regulating labour in Rwanda applies to the informal sector, including child labour in the informal economy. In accordance with section 113, the Labour Inspectorate is responsible for monitoring compliance with the Law, its implementing orders and collective agreements, as well as raising awareness and providing advice on matters relating to the laws governing labour and social security.

In this regard, in its replies to the CRC, the Government indicates that child labour inspectors have been deployed at the district level to work hand in hand with different concerned institutions such as the police in making sure that child labour cases are investigated and punished. Every year about 30 million Rwandan francs are allocated to facilitate labour inspections and investigate cases of child labour (CRC/C/RWA/RQ/5-6, para. 146). The Committee welcomes the measures taken by the Government and encourages it to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly in the agricultural sector and domestic service. In this regard, the Committee also requests the Government to provide information on the data gathered by the labour inspection concerning child labour, including statistical information on the number and nature of reported violations, and the penalties imposed in the event of violations, in application of both Ministerial Instructions No. 01/2017 and Law No. 66/2018.

Article 7(1) and (3). Light work and determination of light work activities. The Committee notes that, according to section 5 of Law No. 66/2018, a child aged 13 to 15 years is allowed to perform light work in the context of apprenticeships. The Committee notes that article 3(26) of the law defines light work as “work which cannot have a detrimental effect of child’s health, child development and child’s education or other aspects of child’s life interest”. Moreover, the Ministerial Instructions No. 07/2017 provide that children aged 13 to 15 years may perform light work and establishes a list of types of light work that these children may engage in (sections 7 and 8). However, the Committee notes that section 8 adds that light work activities must not exceed 40 hours per week.

The Committee draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee is of the view that authorizing children from the age of 13 to carry out work for up to 40 hours per week, as allowed by the Ministerial Instructions No. 07/2017, may affect their attendance at school and reduce the time needed for homework related to their education, as well as their period for rest and leisure. This could also have a negative impact on the children’s physical and mental development. The Committee therefore considers that the number of hours set out in section 8 do not meet the conditions for carrying out light work activities, in line with paragraphs 1 and 3 of Article 7 of the Convention. The Committee requests the Government to take the necessary measures to determine a number of hours which constitutes light work that is in line with Article 7(1) and (3) of the Convention, in both Ministerial Order No. 07/2017 and Law No. 66/2018. It requests the Government to provide information on progress made in this regard in its next report.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that a National Policy on Elimination of Child Labour and its five-year Action Plan (NAP) was adopted in March 2013. The Committee noted with interest the achievements within the framework of the implementation of the NAP, including training on the NAP and child labour legislation and the establishment of steering committees on the elimination of child labour at national and district level with the support of ILO–IPEC. Moreover, 105 children were removed from child labour in agriculture, and a total of 8,575 children were withdrawn from exploitative child labour in other sectors and reintegrated into formal school and vocational training. However, the Committee noted that, according to the findings of the integrated household living conditions survey of 2010–11 which was conducted by the National Institute of Statistics, of the total estimated 3,423,374 children in the age group of 6–17 years, 110,742 children were working outside their own households, of which 39,260 children between the ages of 6–15 years.

The Committee notes the Government’s information in its report that the Ministerial Guidelines No. 02 of 10 May 2016 aimed at preventing and combating child labour establish penalties for parents and employers who use child labour. The Committee also notes that within the framework of the NPA and in cooperation with the Rain Forest Alliance and Save the Children, from 2015 to 2016, among children withdrawn from child labour, 2,700 were re-integrated in formal education and provided with uniforms and other scholastic materials, while 950 children aged between 16 and 17 years were reintegrated in vocational training centres, especially in Model Farm Schools (MFS). Moreover, 461 girls were withdrawn from child labour and provided with skills training in other sectors, such as tailoring, knitting and hairdressing. The Government also indicates that members of the steering committees at the district level were provided with training on the Child Labour Monitoring System. The Committee therefore encourages the Government to continue its efforts to ensure the progressive elimination of child labour. It requests the Government to continue providing information on the measures taken and the results achieved in this regard, particularly in the context of implementation of the NAP. The Committee also requests the Government to provide a copy of the Ministerial Guidelines No. 02 of 10 May 2016.

Article 2(1). Scope of application. Children working in the informal sector. With regard to children working in the informal sector, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 8. Artistic performances. The Committee previously noted the Government’s indication that the Ministerial Order regulating the participation of children in artistic performances was being elaborated and should be submitted for adoption.

The Committee notes that the Ministerial Order has not been adopted yet. The Committee once again expresses the firm hope that the Ministerial Order regulating artistic performances will be adopted in the near future. It requests the Government to provide information on any progress made in this regard, and to provide a copy once it has been adopted.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that a National Policy on Elimination of Child Labour and its five-year Action Plan (NAP) was adopted in March 2013. The Committee noted with interest the achievements within the framework of the implementation of the NAP, including training on the NAP and child labour legislation and the establishment of steering committees on the elimination of child labour at national and district level with the support of ILO–IPEC. Moreover, 105 children were removed from child labour in agriculture, and a total of 8,575 children were withdrawn from exploitative child labour in other sectors and reintegrated into formal school and vocational training. However, the Committee noted that, according to the findings of the integrated household living conditions survey of 2010–11 which was conducted by the National Institute of Statistics, of the total estimated 3,423,374 children in the age group of 6–17 years, 110,742 children were working outside their own households, of which 39,260 children between the ages of 6–15 years.

The Committee notes the Government’s information in its report that the Ministerial Guidelines No. 02 of 10 May 2016 aimed at preventing and combating child labour establish penalties for parents and employers who use child labour. The Committee also notes that within the framework of the NPA and in cooperation with the Rain Forest Alliance and Save the Children, from 2015 to 2016, among children withdrawn from child labour, 2,700 were re-integrated in formal education and provided with uniforms and other scholastic materials, while 950 children aged between 16 and 17 years were reintegrated in vocational training centres, especially in Model Farm Schools (MFS). Moreover, 461 girls were withdrawn from child labour and provided with skills training in other sectors, such as tailoring, knitting and hairdressing. The Government also indicates that members of the steering committees at the district level were provided with training on the Child Labour Monitoring System. The Committee therefore encourages the Government to continue its efforts to ensure the progressive elimination of child labour. It requests the Government to continue providing information on the measures taken and the results achieved in this regard, particularly in the context of implementation of the NAP. The Committee also requests the Government to provide a copy of the Ministerial Guidelines No. 02 of 10 May 2016.

Article 2(1). Scope of application. Children working in the informal sector. With regard to children working in the informal sector, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 8. Artistic performances. The Committee previously noted the Government’s indication that the Ministerial Order regulating the participation of children in artistic performances was being elaborated and should be submitted for adoption.

The Committee notes that the Ministerial Order has not been adopted yet. The Committee once again expresses the firm hope that the Ministerial Order regulating artistic performances will be adopted in the near future. It requests the Government to provide information on any progress made in this regard, and to provide a copy once it has been adopted.

CMNT_TITLE

Article 1 of the Convention. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that a National Policy on Elimination of Child Labour and its five-year Action Plan (NAP) was adopted in March 2013. The Committee noted with interest the achievements within the framework of the implementation of the NAP, including training on the NAP and child labour legislation and the establishment of steering committees on the elimination of child labour at national and district level with the support of ILO–IPEC. Moreover, 105 children were removed from child labour in agriculture, and a total of 8,575 children were withdrawn from exploitative child labour in other sectors and reintegrated into formal school and vocational training. However, the Committee noted that, according to the findings of the integrated household living conditions survey of 2010–11 which was conducted by the National Institute of Statistics, of the total estimated 3,423,374 children in the age group of 6–17 years, 110,742 children were working outside their own households, of which 39,260 children between the ages of 6–15 years.

The Committee notes the Government’s information in its report that the Ministerial Guidelines No. 02 of 10 May 2016 aimed at preventing and combating child labour establish penalties for parents and employers who use child labour. The Committee also notes that within the framework of the NPA and in cooperation with the Rain Forest Alliance and Save the Children, from 2015 to 2016, among children withdrawn from child labour, 2,700 were re-integrated in formal education and provided with uniforms and other scholastic materials, while 950 children aged between 16 and 17 years were reintegrated in vocational training centres, especially in Model Farm Schools (MFS). Moreover, 461 girls were withdrawn from child labour and provided with skills training in other sectors, such as tailoring, knitting and hairdressing. The Government also indicates that members of the steering committees at the district level were provided with training on the Child Labour Monitoring System. The Committee therefore encourages the Government to continue its efforts to ensure the progressive elimination of child labour. It requests the Government to continue providing information on the measures taken and the results achieved in this regard, particularly in the context of implementation of the NAP. The Committee also requests the Government to provide a copy of the Ministerial Guidelines No. 02 of 10 May 2016.

Article 2(1). Scope of application. Children working in the informal sector. With regard to children working in the informal sector, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 8. Artistic performances. The Committee previously noted the Government’s indication that the Ministerial Order regulating the participation of children in artistic performances was being elaborated and should be submitted for adoption.

The Committee notes that the Ministerial Order has not been adopted yet. The Committee once again expresses the firm hope that the Ministerial Order regulating artistic performances will be adopted in the near future. It requests the Government to provide information on any progress made in this regard, and to provide a copy once it has been adopted.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy on the effective abolition of child labour and the application of the Convention in practice. Noting that a draft national five-year action plan for the elimination of child labour was developed in 2007, but not yet adopted by the Government, the Committee urged the Government to ensure the elaboration, adoption and implementation of this national action plan in the near future and to provide information on the progress made and results achieved in this regard.

The Committee notes the Government’s information that a National Policy on Elimination of Child Labour and its five year Action Plan (NAP) was adopted in March 2013. The Committee notes with interest the information provided by the Government on the following results achieved within the framework of the implementation of the NAP:

– all labour inspectors as well as social affairs and education officers were provided with training on the NAP and on child labour legislation, including the Ministerial Order 6/2010 determining the list of hazardous work;

– the Ministry of Public Service and Labour (MIFOTRA) in partnership with the National Agricultural Export Board and other NGOs withdrew 105 children from child labour and reintegrated them into formal school and in vocational training centre;

– MIFOTRA in collaboration with the Rwandan Education Alternatives for Children (REACH) project withdrew 8,575 children from exploitative child labour in different sectors and reintegrated them into formal school and in vocational training; and

– MIFOTRA with the support from ILO–IPEC established a National Steering Committee on the elimination of child labour at national and district levels.

The Committee notes, however, that according to the findings of the Integrated Household Living Conditions Survey of 2010–11, which was conducted by the National Institute of Statistics, of the total estimated 3,423,374 children in the age group of 6–17 years, 110,742 children were working outside their own households, of which 39,260 children were within 6–15 years. The Committee accordingly requests the Government to pursue its efforts to improve the situation of children under the minimum age and to ensure the progressive elimination of child labour. It requests the Government to continue providing information on the measures taken and the results achieved in this respect, particularly in the context of implementation of the NAP.

Article 2(1) of the Convention. 1. Scope of application. Children working in the informal sector, and self-employed children. The Committee previously noted that the Law Regulating Labour (2009) applies only to labour relations between workers and employers, and did not apply to the informal sector (pursuant to sections 2 and 3(3)), and that therefore children working in this sector did not benefit from the prohibition on child labour contained in this Law.

The Committee notes the Government’s indication that the newly adopted NAP includes different strategies for the protection of children in the informal sector and self-employed children. The Government report also indicates that several awareness campaigns against child labour have been conducted in different enterprises, including in the informal economy by labour inspectors in collaboration with government agencies, local authorities and NGOs. The Committee notes, however, that according to the findings of the Integrated Household Living Conditions Survey of 2010–11, 40.8 per cent of children worked in the agricultural sector followed by 31 per cent in domestic service; 13.7 per cent in other services such as trade, hotels and transportation; 8.1 per cent in construction; 2.7 per cent each in industry and manufacturing sector; and 2.8 per cent in mining and quarrying. The Committee requests the Government to continue to take the necessary measures to ensure that children working on a self-employed basis and in the informal economy enjoy the protection of the Convention. In this regard, it requests the Government to pursue its measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly in the agricultural sector and domestic services. It requests the Government to provide information on specific measures taken in this regard, as well as on the results achieved.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s indication that the Ministerial Order regulating the participation of children in artistic performances is being elaborated and shall be submitted for adoption. The Committee expresses the firm hope that the Ministerial Order regulating artistic performances will be adopted in the near future. It requests the Government to provide information on any progress made in this regard, and to provide a copy once it has been adopted.

CMNT_TITLE

Article 1 of the Convention. National policy on the effective abolition of child labour and the application of the Convention in practice. Noting that a draft national five-year action plan for the elimination of child labour was developed in 2007, but not yet adopted by the Government, the Committee urged the Government to ensure the elaboration, adoption and implementation of this national action plan in the near future and to provide information on the progress made and results achieved in this regard.

The Committee notes the Government’s information that a National Policy on Elimination of Child Labour and its five year Action Plan (NAP) was adopted in March 2013. The Committee notes with interest the information provided by the Government on the following results achieved within the framework of the implementation of the NAP:

• -all labour inspectors as well as social affairs and education officers were provided with training on the NAP and on child labour legislation, including the Ministerial Order 6/2010 determining the list of hazardous work;
• -the Ministry of Public Service and Labour (MIFOTRA) in partnership with the National Agricultural Export Board and other NGOs withdrew 105 children from child labour and reintegrated them into formal school and in vocational training centre;
• -MIFOTRA in collaboration with the Rwandan Education Alternatives for Children (REACH) project withdrew 8,575 children from exploitative child labour in different sectors and reintegrated them into formal school and in vocational training; and
• -MIFOTRA with the support from ILO–IPEC established a National Steering Committee on the elimination of child labour at national and district levels.

The Committee notes, however, that according to the findings of the Integrated Household Living Conditions Survey of 2010–11, which was conducted by the National Institute of Statistics, of the total estimated 3,423,374 children in the age group of 6–17 years, 110,742 children were working outside their own households, of which 39,260 children were within 6–15 years. The Committee accordingly requests the Government to pursue its efforts to improve the situation of children under the minimum age and to ensure the progressive elimination of child labour. It requests the Government to continue providing information on the measures taken and the results achieved in this respect, particularly in the context of implementation of the NAP.

Article 2(1) of the Convention. 1. Scope of application. Children working in the informal sector, and self-employed children. The Committee previously noted that the Law Regulating Labour (2009) applies only to labour relations between workers and employers, and did not apply to the informal sector (pursuant to sections 2 and 3(3)), and that therefore children working in this sector did not benefit from the prohibition on child labour contained in this Law.

The Committee notes the Government’s indication that the newly adopted NAP includes different strategies for the protection of children in the informal sector and self-employed children. The Government report also indicates that several awareness campaigns against child labour have been conducted in different enterprises, including in the informal economy by labour inspectors in collaboration with government agencies, local authorities and NGOs. The Committee notes, however, that according to the findings of the Integrated Household Living Conditions Survey of 2010–11, 40.8 per cent of children worked in the agricultural sector followed by 31 per cent in domestic service; 13.7 per cent in other services such as trade, hotels and transportation; 8.1 per cent in construction; 2.7 per cent each in industry and manufacturing sector; and 2.8 per cent in mining and quarrying. The Committee requests the Government to continue to take the necessary measures to ensure that children working on a self-employed basis and in the informal economy enjoy the protection of the Convention. In this regard, it requests the Government to pursue its measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly in the agricultural sector and domestic services. It requests the Government to provide information on specific measures taken in this regard, as well as on the results achieved.

2. Raising the initially specified minimum age for admission to work. The Committee previously noted the adoption of the Law Regulating Labour (2009), which prohibits employing a child even as an apprentice, before the age of 16. The Committee requested the Government to notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age to 16 years from that which it had initially specified (14 years) pursuant to Article 2(2) of the Convention.

The Committee notes the Government’s indication that it will send the declaration to the Office in the very near future.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s indication that the Ministerial Order regulating the participation of children in artistic performances is being elaborated and shall be submitted for adoption. The Committee expresses the firm hope that the Ministerial Order regulating artistic performances will be adopted in the near future. It requests the Government to provide information on any progress made in this regard, and to provide a copy once it has been adopted.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2(1) of the Convention. Scope of application. 1. Children working in the informal sector and self-employed children. The Committee previously noted that the Law Regulating Labour (2009) applies only to labour relations between workers and employers, and did not apply to the informal sector (pursuant to sections 2 and 3(3)), and that therefore children working in these sectors did not benefit from the prohibition on child labour contained in this Law. The Committee also noted that, according to the draft National Five-Year Action Plan for the Elimination of Child Labour (NAP), child labourers in Rwanda mostly worked as independent workers. Moreover, according to the National Child Labour Survey (NCLS) of 2008, 15 per cent of children between the ages of 5 and 14 who are engaged in economic activity are self-employed.

The Committee noted the Government’s statement that the revision of the NAP is aimed at, inter alia, putting emphasis on informal sector monitoring, and addressing the issue of children working on a self-employed basis. The Government also indicated that measures have been taken to strengthen the capacity of the labour inspectorate, including through the allocation of a sufficient budget, the provision of transport, and human resource development through capacity building and logistical support. Recalling that the Convention applies to all sectors of economic activity and covers all forms of employment or work, the Committee requests the Government to pursue its efforts, through the revision and subsequent implementation of the NAP, to ensure that children working on a self-employed basis and in the informal economy enjoy the protection of the Convention. It requests the Government to provide information on the measures taken in this regard.

2. Family enterprises. The Committee previously noted that section 1(49) of the Law Regulating Labour (2009) defines family labour as every work carried out by the husband or wife, ascendants, descendants and wards in the agricultural, breeding, commercial and industrial sectors for the benefit of the family. Section 3(2) of the Law Regulating Labour (2009) states that while family enterprises are generally excluded from the Law’s scope of application, the provisions relating to child labour do apply in the context of family enterprises. The Committee further noted the information from the NCLS of 2008 that 72 per cent of children engaged in economic activity are unpaid family workers.

The Committee noted the Government’s statement that Ministerial Order No. 6 of 13 July 2012, determining types of hazardous work for children, applies to family enterprises. Observing the high proportion of working children engaged in family enterprises, the Committee requests the Government to provide information on the application in practice of the child labour provisions in the Law Regulating Labour (2009) to family enterprises.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that a ministerial order regulating the participation of children in artistic performances was in progress within the Ministry of Sports and Culture. It expressed the hope that the employers’ and workers’ organizations would be duly consulted in the elaboration of the draft ministerial order.

The Committee noted the Government’s statement that the ministerial order regulating artistic performance is still under way. The Committee requests the Government to provide a copy of the ministerial order on artistic performances, once adopted.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention and Part V of the report form. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that a draft National Five-Year Action Plan for the Elimination of Child Labour (NAP) was first developed in 2007, but had not been adopted. It also noted that, according to the National Child Labour Survey (NCLS) of 2008, approximately 6.1 per cent of children between the ages of 5 and 14 in the country (approximately 142,570 children) were involved in economic activity. The NCLS also indicated that the majority of these working children (4.9 per cent of children in the age group) combined both school and economic activity. The NCLS further indicated that the overwhelming majority of working children (85 per cent) were in the agricultural sector.

The Committee noted the Government’s statement that the revision of the NAP is in the final process of consultation. The Committee also noted the information from ILO–IPEC of April 2012 that the revised NAP should include recent data on child labour and, in this regard, an ILO technical team travelled to Kigali in the spring of 2012. The Committee further noted that Rwanda is one of several countries participating in the ILO–IPEC project entitled “Project Development, Awareness Raising and Support for the Implementation of the Global Action Plan on the Elimination of the Worst Forms of Child Labour by 2016”. Information from ILO–IPEC indicates that implementation of the Project in Rwanda was extended until June 2013. Noting that the NAP was first developed in 2007, the Committee urges the Government to ensure the elaboration, adoption and implementation of the NAP in the near future. The Committee requests the Government to provide information on progress made in this regard, and on the results achieved.

Article 2(2). Raising the initially specified minimum age for admission to work. The Committee previously noted the adoption of the Law Regulating Labour (2009), which prohibits employing a child even as apprentice, before the age of 16. Observing that, upon ratification the Government specified the minimum age of 14 years, the Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides that any Member having ratified the Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age from that which it had initially specified. To allow the age fixed by national legislation (of 16 years) to be harmonized with that provided for at the international level, the Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2(1) of the Convention. Scope of application. 1. Children working in the informal sector and self-employed children. The Committee previously noted that the Law Regulating Labour (2009) applies only to labour relations between workers and employers, and did not apply to the informal sector (pursuant to sections 2 and 3(3)), and that therefore children working in these sectors did not benefit from the prohibition on child labour contained in this Law. The Committee also noted that, according to the draft National Five-Year Action Plan for the Elimination of Child Labour (NAP), child labourers in Rwanda mostly worked as independent workers. Moreover, according to the National Child Labour Survey (NCLS) of 2008, 15 per cent of children between the ages of 5 and 14 who are engaged in economic activity are self-employed.

The Committee notes the Government’s statement that the revision of the NAP is aimed at, inter alia, putting emphasis on informal sector monitoring, and addressing the issue of children working on a self-employed basis. The Government also indicates that measures have been taken to strengthen the capacity of the labour inspectorate, including through the allocation of a sufficient budget, the provision of transport, and human resource development through capacity building and logistical support. Recalling that the Convention applies to all sectors of economic activity and covers all forms of employment or work, the Committee requests the Government to pursue its efforts, through the revision and subsequent implementation of the NAP, to ensure that children working on a self-employed basis and in the informal economy enjoy the protection of the Convention. It requests the Government to provide information on the measures taken in this regard.

2. Family enterprises. The Committee previously noted that section 1(49) of the Law Regulating Labour (2009) defines family labour as every work carried out by the husband or wife, ascendants, descendants and wards in the agricultural, breeding, commercial and industrial sectors for the benefit of the family. Section 3(2) of the Law Regulating Labour (2009) states that while family enterprises are generally excluded from the Law’s scope of application, the provisions relating to child labour do apply in the context of family enterprises. The Committee further noted the information from the NCLS of 2008 that 72 per cent of children engaged in economic activity are unpaid family workers.

The Committee notes the Government’s statement that Ministerial Order No. 6 of 13 July 2012, determining types of hazardous work for children, applies to family enterprises. Observing the high proportion of working children engaged in family enterprises, the Committee requests the Government to provide information on the application in practice of the child labour provisions in the Law Regulating Labour (2009) to family enterprises.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that a ministerial order regulating the participation of children in artistic performances was in progress within the Ministry of Sports and Culture. It expressed the hope that the employers’ and workers’ organizations would be duly consulted in the elaboration of the draft ministerial order.

The Committee notes the Government’s statement that the ministerial order regulating artistic performance is still under way. The Committee requests the Government to provide a copy of the ministerial order on artistic performances, once adopted.

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Article 1 of the Convention and Part V of the report form. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that a draft National Five-Year Action Plan for the Elimination of Child Labour (NAP) was first developed in 2007, but had not been adopted. It also noted that, according to the National Child Labour Survey (NCLS) of 2008, approximately 6.1 per cent of children between the ages of 5 and 14 in the country (approximately 142,570 children) were involved in economic activity. The NCLS also indicated that the majority of these working children (4.9 per cent of children in the age group) combined both school and economic activity. The NCLS further indicated that the overwhelming majority of working children (85 per cent) were in the agricultural sector.

The Committee notes the Government’s statement that the revision of the NAP is in the final process of consultation. The Committee also notes the information from ILO–IPEC of April 2012 that the revised NAP should include recent data on child labour and, in this regard, an ILO technical team travelled to Kigali in the spring of 2012. The Committee further notes that Rwanda is one of several countries participating in the ILO–IPEC project entitled “Project Development, Awareness Raising and Support for the Implementation of the Global Action Plan on the Elimination of the Worst Forms of Child Labour by 2016”. Information from ILO–IPEC indicates that implementation of the Project in Rwanda was extended until June 2013. Noting that the NAP was first developed in 2007, the Committee urges the Government to ensure the elaboration, adoption and implementation of the NAP in the near future. The Committee requests the Government to provide information on progress made in this regard, and on the results achieved.

Article 2(2). Raising the initially specified minimum age for admission to work. The Committee previously noted the adoption of the Law Regulating Labour (2009), which prohibits employing a child even as apprentice, before the age of 16. Observing that, upon ratification the Government specified the minimum age of 14 years, the Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides that any Member having ratified the Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age from that which it had initially specified. To allow the age fixed by national legislation (of 16 years) to be harmonized with that provided for at the international level, the Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the Government’s indication that it intended to progressively increase the number of years of compulsory schooling from six to nine years, thereby raising the age of completion of compulsory schooling to 16 years of age. The Committee requested the Government to provide information on whether the extension of the duration of compulsory education from six to nine years was contained in national legislation.

The Committee notes the Government’s statement that the progressive extension of compulsory education from six to nine years is contained in the Education Sector Policy of July 2003. Moreover, the Committee notes the Government’s statement in its report to the Committee on the Rights of the Child of 1 March 2012 that, since the 2009 school year, Rwanda has introduced a cycle of nine years so that children normally complete school at 16 years (CRC/C/RWA/3-4, paragraph 95). The Committee notes with interest that this age of completion of schooling of 16 years is in line with the new minimum age for admission to work specified in the Law Regulating Labour (2009).

Article 3(2). Determination of hazardous work. The Committee previously noted that a draft ministerial order on the worst forms of child labour had been developed. It requested the Government to provide a copy of the order, once adopted.

The Committee notes with satisfaction the adoption of Ministerial Order No. 06 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. This Order contains an extensive list of hazardous types of work, including: underground work; work in mining; work at high heights; work in the drainage of marshlands; work in unhygienic places; work with high temperatures, noises and vibrations; work related to demolition; work carried out using machines or other dangerous materials; work involving the lifting of heavy loads; fishing on boats; domestic work outside of the family; construction work; and the driving of heavy machines. The Ministerial Order also contains a list of categories of institutions that are not permitted to employ children, such as enterprises that carry out the slaughtering of animals, mining and quarry enterprises, enterprises that manufacture toxic gases, construction enterprises, enterprises that produce and sell alcoholic beverages, and enterprises that manufacture bricks and tiles.

Article 9(3). Registers of employment. In its previous comments, the Committee noted that section 165 of the Law Regulating Labour (2009) states that employers must keep a register of workers, and that section 166 states that the Minister shall determine the nature of this register. The Committee noted that a draft ministerial order had been developed in this regard.

The Committee notes the adoption of Ministerial Order No. 10 of 28 July 2010 regarding the declaration of an enterprise and the nature of employer’s registers. The Committee notes with interest that section 6 of this Ministerial Order states that every employer shall have a register of employment, and that this register shall be kept at the place of work. Annex II of the Ministerial Order contains a model for the employer’s register, which includes the employee’s name, date of birth and the date of their work contract. The Committee further notes that section 7 of the Ministerial Order provides that the employer’s register shall be available to labour inspectors when requested.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention and Part V of the report form. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted the implementation of an ILO–IPEC project to enhance national capacity in child labour data collection, analysis and dissemination, as part of a broader strategy to use the collected data in the design of policies and programmes addressing child labour. The Committee noted that a National Child Labour Survey (NCLS), was being conducted in Rwanda by the National Institute of Statistics. The Committee also noted that a draft National Five-Year Action Plan for the Elimination of Child Labour (NAP) was completed in 2007. The Committee expressed the hope that the draft NAP would be adopted in the near future.

The Committee notes the Government’s statement that the NAP is still in draft form. The Committee also notes the information from the NCLS of 2008, that approximately 6.1 per cent of children between the ages of 5 and 14 (approximately 142,570 children) are involved in economic activity. The NCLS also indicates that the majority of these children (4.9 per cent of children in the age group) combine both school and economic activity. The NCLS further indicates that more boys than girls are involved in economic activity, and that the overwhelming majority of working children (85 per cent) are in the agricultural sector. Noting that a significant number of children are engaged in economic activity in Rwanda, the Committee urges the Government to take the necessary measures to ensure the adoption and implementation of the NAP in the near future. The Committee requests the Government to provide information on progress made in this regard, and on the results achieved.

Article 2(1). Scope of application. Children working in the informal sector and self-employed children. The Committee previously noted that the Labour Code did not apply to self-employed and unpaid workers. It also noted that child labourers in Rwanda mostly worked as independent workers. The Committee recalled that children working on their own account must enjoy the protection afforded by the Convention, and noted that the NAP included some measures in this respect, such as strengthening the capacity of labour inspectors with regard to child labour.

The Committee notes the information in the Government’s report that, as the NAP has yet to be adopted, such measures have not been implemented. However, the Committee notes the information from the NCLS of 2008, that 15 per cent of children between the ages of 5 and 14 who are engaged in economic activity are self-employed. The Committee also notes that the Law Regulating Labour (2009) appears to exclude children working in the informal sector and children working on a self-employed basis from its scope of application: section 3(3) (on the scope of application) states that the Law does not apply to the informal sector, and section 2 states that the Law applies to labour relations between workers and employers. The Committee therefore observes that children working in these sectors do not benefit from the prohibition on child labour set forth in the Law Regulating Labour (2009). In this regard, the Committee 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. Therefore, the Committee urges the Government to take the necessary measures to implement initiatives, within the framework of the NAP, to provide the protection of the Convention to children working in the informal sector and on a self-employed basis. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate in this regard, and on the results achieved.

Family enterprises. Following its previous comments, the Committee notes that section 1(49) of the Law Regulating Labour (2009) defines family labour as every work carried out by the husband or wife, ascendants, descendants and wards in the agricultural, breeding, commercial and industrial sectors for the benefit of the family. The Committee notes with interest that section 3(2) of the Law Regulating Labour (2009) states that while family enterprises are generally excluded from the Law’s scope of application, the provisions relating to child labour do apply in the context of family enterprises. In this regard, the Committee notes the information from the NCLS of 2008, that 72 per cent of children engaged in economic activity are unpaid family workers. Observing the high proportion of working children engaged in family enterprises, the Committee requests the Government to provide information on the application in practice of the child labour provisions in the Law Regulating Labour (2009) to family enterprises.

Article 2(2). Raising the initially specified minimum age for admission to work. The Committee notes the information in the Government’s report that the Law Regulating Labour was adopted on 27 May 2009. It also notes that section 4 of the Law Regulating Labour (2009) states that it is prohibited to employ a child in any company, even as apprentice, before the age of 16. Observing that, upon ratification the Government specified the minimum age of 14 years, the Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. This allows the age fixed by the national legislation to be harmonized with that provided for at the international level.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that the Government intended to progressively increase the number of years of compulsory schooling from six to nine years, thereby raising the age of school completion to 16 years of age. The Committee reminded the Government that compulsory education is one of the most effective means of combating child labour and emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education.

The Committee notes the Government’s indication that a system of nine years of compulsory education is now in force. The Committee notes that, as children start school at the age of 7, the age of completion of schooling is now 16 years, in line with the new minimum age for admission to work specified in the Law Regulating Labour (2009). The Committee requests the Government to provide information on whether the extension of the duration of compulsory education from six to nine years is contained in national regulations or legislation. If so, the Committee requests the Government to provide a copy of the relevant legislation with its next report.

Article 3(1). Minimum age for admission to hazardous work. Following its previous comments, the Committee notes with interest that section 6 of the Law Regulating Labour (2009) specifies that children (defined in section 1(45) as all persons under 18 years of age) shall only be subject to the work which is proportionate to their capacity, and that children cannot be employed in nocturnal, laborious, unsanitary work or services that are dangerous to their health as well as their education and morality. Pursuant to section 72 of the Law Regulating Labour (2009), it is prohibited to engage a person under 18 in, inter alia, work which is likely to harm the health, safety or morals of a child. Section 73 of the Law Regulating Labour (2009) states that the Minister in charge of labour will issue an order determining these types of prohibited works.

Article 3(2). Determination of hazardous work. The Committee notes the draft ministerial order (included with the Government’s report) determining the list of the worst forms of child labour, their nature and categories of institutions that may not employ children. This draft ministerial order contains an extensive list of hazardous types of work, including: underground work; work in the drainage of marshlands; work in unhygienic places; work with high temperatures, noises and vibration; work related to demolition; work carried out using machines or other dangerous materials; work involving the lifting of heavy loads; fishing on boats; domestic work outside of the family; construction work; and the driving of heavy machines. The draft ministerial order also contains a list of categories of institutions that are not permitted to employ children. The Committee notes the indication in the Government’s report that this ministerial order has been adopted by the Cabinet. The Committee requests a copy of this ministerial order, as adopted, with the Government’s next report.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that a ministerial order regulating the participation of children in artistic performances is in progress within the Ministry of Sports and Culture. It expressed the hope that the employers’ and workers’ organizations would be duly consulted in the elaboration of the draft ministerial order. Noting the Government’s indication that this order is still in progress, the Committee requests the Government to provide a copy of this order as soon as it is adopted.

Article 9(3). Register of employment. Following its previous comments, the Committee notes that section 165 of the Law Regulating Labour (2009) states that employers must keep a register of workers, and that section 166 states that the Minister shall determine the nature of this register. In this regard, the Committee notes the Government’s statement that a ministerial order was adopted on this subject. The Committee also notes the draft ministerial order (submitted with the Government’s report) on “determining the modalities of the declaration of the enterprise, workers and the nature of employer register”. Section 6 of this draft ministerial order specifies that every employer shall have a register of employment, and that this register shall be kept at the place of work. The Committee further notes that Annex II of this draft ministerial order contains a model for the employer’s register, which includes the employee’s name, date of birth and the date of their work contract. The Committee requests the Government to provide a copy of the final ministerial order on determining the modalities of declaration of the enterprise, workers and nature of employer register, as adopted.

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Article 1 of the Convention and Part V of the report form. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted the implementation of an ILO–IPEC project to enhance national capacity in child labour data collection, analysis and dissemination, as part of a broader strategy to use the collected data in the design of policies and programmes addressing child labour. The Committee noted that a National Child Labour Survey (NCLS), was being conducted in Rwanda by the National Institute of Statistics. The Committee also noted that a draft National Five-Year Action Plan for the Elimination of Child Labour (NAP) was completed in 2007. The Committee expressed the hope that the draft NAP would be adopted in the near future.

The Committee notes the Government’s statement that the NAP is still in draft form. The Committee also notes the information from the NCLS of 2008, that approximately 6.1 per cent of children between the ages of 5 and 14 (approximately 142,570 children) are involved in economic activity. The NCLS also indicates that the majority of these children (4.9 per cent of children in the age group) combine both school and economic activity. The NCLS further indicates that more boys than girls are involved in economic activity, and that the overwhelming majority of working children (85 per cent) are in the agricultural sector. Noting that a significant number of children are engaged in economic activity in Rwanda, the Committee urges the Government to take the necessary measures to ensure the adoption and implementation of the NAP in the near future. The Committee requests the Government to provide information on progress made in this regard, and on the results achieved.

Article 2(1). Scope of application. 1. Children working in the informal sector and self-employed children. The Committee previously noted that the Labour Code did not apply to self-employed and unpaid workers. It also noted that child labourers in Rwanda mostly worked as independent workers. The Committee recalled that children working on their own account must enjoy the protection afforded by the Convention, and noted that the NAP included some measures in this respect, such as strengthening the capacity of labour inspectors with regard to child labour.

The Committee notes the information in the Government’s report that, as the NAP has yet to be adopted, such measures have not been implemented. However, the Committee notes the information from the NCLS of 2008, that 15 per cent of children between the ages of 5 and 14 who are engaged in economic activity are self-employed. The Committee also notes that the Law Regulating Labour (2009) appears to exclude children working in the informal sector and children working on a self-employed basis from its scope of application: section 3(3) (on the scope of application) states that the Law does not apply to the informal sector, and section 2 states that the Law applies to labour relations between workers and employers. The Committee therefore observes that children working in these sectors do not benefit from the prohibition on child labour set forth in the Law Regulating Labour (2009). In this regard, the Committee 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. Therefore, the Committee urges the Government to take the necessary measures to implement initiatives, within the framework of the NAP, to provide the protection of the Convention to children working in the informal sector and on a self-employed basis. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate in this regard, and on the results achieved.

2. Family enterprises. Following its previous comments, the Committee notes that section 1(49) of the Law Regulating Labour (2009) defines family labour as every work carried out by the husband or wife, ascendants, descendants and wards in the agricultural, breeding, commercial and industrial sectors for the benefit of the family. The Committee notes with interest that section 3(2) of the Law Regulating Labour (2009) states that while family enterprises are generally excluded from the Law’s scope of application, the provisions relating to child labour do apply in the context of family enterprises. In this regard, the Committee notes the information from the NCLS of 2008, that 72 per cent of children engaged in economic activity are unpaid family workers. Observing the high proportion of working children engaged in family enterprises, the Committee requests the Government to provide information on the application in practice of the child labour provisions in the Law Regulating Labour (2009) to family enterprises.

Article 2(2). Raising the initially specified minimum age for admission to work. The Committee notes the information in the Government’s report that the Law Regulating Labour was adopted on 27 May 2009. It also notes that section 4 of the Law Regulating Labour (2009) states that it is prohibited to employ a child in any company, even as apprentice, before the age of 16. Observing that, upon ratification the Government specified the minimum age of 14 years, the Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. This allows the age fixed by the national legislation to be harmonized with that provided for at the international level.

Article 2(3). Age of completion of compulsory schooling.  The Committee previously noted that the Government intended to progressively increase the number of years of compulsory schooling from six to nine years, thereby raising the age of school completion to 16 years of age. The Committee reminded the Government that compulsory education is one of the most effective means of combating child labour and emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education.

The Committee notes the Government’s indication that a system of nine years of compulsory education is now in force. The Committee notes that, as children start school at the age of 7, the age of completion of schooling is now 16 years, in line with the new minimum age for admission to work specified in the Law Regulating Labour (2009). The Committee requests the Government to provide information on whether the extension of the duration of compulsory education from six to nine years is contained in national regulations or legislation. If so, the Committee requests the Government to provide a copy of the relevant legislation with its next report.

Article 3(1). Minimum age for admission to hazardous work. Following its previous comments, the Committee notes with interest that section 6 of the Law Regulating Labour (2009) specifies that children (defined in section 1(45) as all persons under 18 years of age) shall only be subject to the work which is proportionate to their capacity, and that children cannot be employed in nocturnal, laborious, unsanitary work or services that are dangerous to their health as well as their education and morality. Pursuant to section 72 of the Law Regulating Labour (2009), it is prohibited to engage a person under 18 in, inter alia, work which is likely to harm the health, safety or morals of a child. Section 73 of the Law Regulating Labour (2009) states that the Minister in charge of labour will issue an order determining these types of prohibited works.

Article 3(2). Determination of hazardous work. The Committee notes the draft ministerial order (included with the Government’s report) determining the list of the worst forms of child labour, their nature and categories of institutions that may not employ children. This draft ministerial order contains an extensive list of hazardous types of work, including: underground work; work in the drainage of marshlands; work in unhygienic places; work with high temperatures, noises and vibration; work related to demolition; work carried out using machines or other dangerous materials; work involving the lifting of heavy loads; fishing on boats; domestic work outside of the family; construction work; and the driving of heavy machines. The draft ministerial order also contains a list of categories of institutions that are not permitted to employ children. The Committee notes the indication in the Government’s report that this ministerial order has been adopted by the Cabinet. The Committee requests a copy of this ministerial order, as adopted, with the Government’s next report.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that a ministerial order regulating the participation of children in artistic performances is in progress within the Ministry of Sports and Culture. It expressed the hope that the employers’ and workers’ organizations would be duly consulted in the elaboration of the draft ministerial order. Noting the Government’s indication that this order is still in progress, the Committee requests the Government to provide a copy of this order as soon as it is adopted.

Article 9(3). Register of employment. Following its previous comments, the Committee notes that section 165 of the Law Regulating Labour (2009) states that employers must keep a register of workers, and that section 166 states that the Minister shall determine the nature of this register. In this regard, the Committee notes the Government’s statement that a ministerial order was adopted on this subject. The Committee also notes the draft ministerial order (submitted with the Government’s report) on “determining the modalities of the declaration of the enterprise, workers and the nature of employer register”. Section 6 of this draft ministerial order specifies that every employer shall have a register of employment, and that this register shall be kept at the place of work. The Committee further notes that Annex II of this draft ministerial order contains a model for the employer’s register, which includes the employee’s name, date of birth and the date of their work contract. The Committee requests the Government to provide a copy of the final ministerial order on determining the modalities of declaration of the enterprise, workers and nature of employer register, as adopted.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy on child labour. Following its previous comments, the Committee notes that the draft National Five-Year Action Plan for the Elimination of Child Labour of 2007 has been communicated by the Government with its report. The necessity for a concerted national action plan was raised considering that there have not been punctual activities in the domain of child labour such as the search for qualitative data, and that interventions which had taken place had only reached some 300 child labourers. In this regard, the Committee notes that, according to the Action Plan, child labourers in Rwanda are involved, among other things, in household work, work in industrial crops, cattle keeping, work as porters or garbage collectors and fetching and selling firewood. It notes that the Action Plan aims notably to eliminate child labour by advocating the following strategies: (a) conduct awareness-raising campaigns; (b) encourage the respect for the Labour Code; (c) improve child labour conditions; (d) devise alternative solutions to child labour; (e) enhance educational and school catch-up system; and (f) carry out detailed studies on the scope and reasons behind child labour. The Committee expresses the hope that the draft National Five-Year Action Plan for the Elimination of Child Labour will be adopted in the very near future and requests the Government to keep it informed of any progress in this regard.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee had noted 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. The Committee had reminded 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. The Committee notes that, according to the National Five-Year Action Plan for the Elimination of Child Labour, child labourers in Rwanda mostly work as independent workers. Those who work as permanent salaried workers only represent 4.6 per cent of the total number of child labourers (352,550), and occasional workers represent 5.8 per cent. The Committee points out that children who carry out an economic activity without a contractual employment relationship, particularly on their own account or as a part of a survival strategy, must enjoy the protection afforded by the Convention. In this context, the Committee notes the several measures indicated by the Government in its report to ensure that children carrying out an economic activity on their own account enjoy the protection offered by the Convention. These measures include sensitizing of different actors, harmonizing the national laws with international conventions and giving greater capacity building to labour inspectors in order for them to fulfil their obligations inspecting child labour and its worst forms. The Committee would be grateful if the Government would adopt the planned measures as soon as possible to adapt and strengthen the inspection services in relation to child labour. It also requests the Government to provide information on the progress made by Rwanda in the harmonization of its national law with international convention, with regard to the effective protection of self employed children.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that the school leaving age was 13 years, whereas the minimum age specified by Rwanda for admission to employment or work was 14 years. The Committee notes the Government’s information that a July 2003 policy made by the education sector aims to progressively increase the years of compulsory schooling from 6 to 9 years, starting at the age of 7 years. Consequently, the age of completion of compulsory schooling would increase from 13 years to 16 years. Considering, however, that on ratifying the Convention, the Government specified a minimum age of admission to work of 14 years, the Committee observes that should the age of compulsory schooling be raised to 16 years, the minimum age of admission to work will be lower (14) than the age of completion of compulsory education (16). The Committee is of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, and report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure that the minimum age for admission to employment is not lower than the age of completion of compulsory education. The Committee requests the Government to provide information on the ongoing education system reforms and to keep it informed of any new developments in this regard.

Article 3, paragraphs 1 and 3. Age of admission to hazardous work. The Committee notes that the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age has been communicated by the Government along with its report under Convention No. 123. According to sections 1 and 2(d) of this draft ministerial order, it is prohibited for children under 18 years of age to be employed in hazardous work. However, the Committee notes that the Government avails itself of the exception permitted under Article 3(3) of the Convention, and that, by virtue of section 12 of the ministerial order, children aged 16 can be employed in certain types of hazardous work, which are listed in Chapter 3 of the order, on the condition that the health, safety and morals of the young persons concerned are protected and that they have received adequate and specific instruction or vocational training in the relevant branch of activity. The Committee expresses the hope that the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age will be adopted in the near future and requests the Government to keep it informed on the progress made in this regard.

Article 3, paragraph 2. Determination of types of hazardous work. Following its previous comments, the Committee notes with interest that section 3 of the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age contains an extensive list of types of work which are considered dangerous and are therefore prohibited for children under 18 years of age. Furthermore, Chapter 2 of the order provides a list of two categories of enterprises where children under 18 years of age are forbidden to work: (1) enterprises which constitute a threat to the morals of children; and (2) enterprises which contain severe risks to the health and security of children. The Committee takes due note of this information.

Article 8. Artistic performances. With reference to its previous comments, the Committee notes the Government’s information that a ministerial order regulating the participation of children in artistic performances is in progress within the Ministry of Sports and Culture. The Committee expresses the hope that the employers’ and workers’ organizations have been duly consulted in the elaboration of the draft ministerial order and requests the Government to provide a copy of this order as soon as it has been adopted.

Article 9, paragraph 3. Employers’ registers. The Committee notes that section 2 of Ministerial Order No. 07/19 of 14 March 2003 on the employers’ registers specifies that the employers’ register contains three instalments, the first of which contains the worker’s identity. The Committee further notes that section 35 of the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age mentions that employers must indicate, in the first instalment of their register, the name, date of birth and type of work performed by each worker who is under 18 years of age. The Committee expresses the hope that the abovementioned draft ministerial order will be adopted in the very near future and requests the Government to keep it informed of any progress in that regard.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the draft National Five-Year Action Plan for the Elimination of Child Labour, 352,550 children aged 5–17 are said to be workers: 166,245 (47.2 per cent) boys and 186,305 (52.8 per cent) girls. Among these children, 83.1 per cent work in the sector of agriculture and forestry, 11.9 per cent in domestic aid work, 1.2 per cent in trade and 0.7 per cent in factories. Furthermore, the Committee notes that 23,730 of these children are 6–9 years old and 93,980 are 10–14 years old. It also observes that only 42,957 children work in urban settings, compared to 309,593 in rural areas.

The Committee also notes the implementation, in 2006, of an ILO/IPEC project to enhance national capacity in child labour data collection, analysis and dissemination through technical assistance to surveys, research and training, which forms part of the broader ILO/IPEC/SIMPOC strategy of using information to mobilize and inform action against child labour and to use the collected data in the design of policies and programmes addressing child labour. The Committee notes that, in this regard, a National Child Labour Survey (NCLS), co-funded by UNICEF, is currently being conducted in Rwanda by the National Institute of Statistics, to respond to continuing information and capacity-building needs. Considering the importance of the problem of child labour in Rwanda, the Committee invites the Government to pursue its efforts to improve matters progressively. It asks the Government to continue providing 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. The Committee also requests the Government to keep it informed of the progress made in regard to the NCLS and to supply a copy of the results once they have been finalized.

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The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy on child labour. Following its previous comments, the Committee notes that the draft National Five-Year Action Plan for the Elimination of Child Labour of 2007 has been communicated by the Government with its report. The necessity for a concerted national action plan was raised considering that there have not been punctual activities in the domain of child labour such as the search for qualitative data, and that interventions which had taken place had only reached some 300 child labourers. In this regard, the Committee notes that, according to the Action Plan, child labourers in Rwanda are involved, among other things, in household work, work in industrial crops, cattle keeping, work as porters or garbage collectors and fetching and selling firewood. It notes that the Action Plan aims notably to eliminate child labour by advocating the following strategies: (a) conduct awareness-raising campaigns; (b) encourage the respect for the Labour Code; (c) improve child labour conditions; (d) devise alternative solutions to child labour; (e) enhance educational and school catch-up system; and (f) carry out detailed studies on the scope and reasons behind child labour. The Committee expresses the hope that the draft National Five-Year Action Plan for the Elimination of Child Labour will be adopted in the very near future and requests the Government to keep it informed of any progress in this regard.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee had noted 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. The Committee had reminded 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. The Committee notes that, according to the National Five-Year Action Plan for the Elimination of Child Labour, child labourers in Rwanda mostly work as independent workers. Those who work as permanent salaried workers only represent 4.6 per cent of the total number of child labourers (352,550), and occasional workers represent 5.8 per cent. The Committee points out that children who carry out an economic activity without a contractual employment relationship, particularly on their own account or as a part of a survival strategy, must enjoy the protection afforded by the Convention. In this context, the Committee notes the several measures indicated by the Government in its report to ensure that children carrying out an economic activity on their own account enjoy the protection offered by the Convention. These measures include sensitizing of different actors, harmonizing the national laws with international conventions and giving greater capacity building to labour inspectors in order for them to fulfil their obligations inspecting child labour and its worst forms. The Committee would be grateful if the Government would adopt the planned measures as soon as possible to adapt and strengthen the inspection services in relation to child labour. It also requests the Government to provide information on the progress made by Rwanda in the harmonization of its national law with international convention, with regard to the effective protection of self‑employed children.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that the school leaving age was 13 years, whereas the minimum age specified by Rwanda for admission to employment or work was 14 years. The Committee notes the Government’s information that a July 2003 policy made by the education sector aims to progressively increase the years of compulsory schooling from 6 to 9 years, starting at the age of 7 years. Consequently, the age of completion of compulsory schooling would increase from 13 years to 16 years. Considering, however, that on ratifying the Convention, the Government specified a minimum age of admission to work of 14 years, the Committee observes that should the age of compulsory schooling be raised to 16 years, the minimum age of admission to work will be lower (14) than the age of completion of compulsory education (16). The Committee is of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, and report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure that the minimum age for admission to employment is not lower than the age of completion of compulsory education. The Committee requests the Government to provide information on the ongoing education system reforms and to keep it informed of any new developments in this regard.

Article 3, paragraphs 1 and 3. Age of admission to hazardous work. The Committee notes that the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age has been communicated by the Government along with its report under Convention No. 123. According to sections 1 and 2(d) of this draft ministerial order, it is prohibited for children under 18 years of age to be employed in hazardous work. However, the Committee notes that the Government avails itself of the exception permitted under Article 3, paragraph 3, of the Convention, and that, by virtue of section 12 of the ministerial order, children aged 16 can be employed in certain types of hazardous work, which are listed in Chapter 3 of the order, on the condition that the health, safety and morals of the young persons concerned are protected and that they have received adequate and specific instruction or vocational training in the relevant branch of activity. The Committee expresses the hope that the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age will be adopted in the near future and requests the Government to keep it informed on the progress made in this regard.

Paragraph 2. Determination of types of hazardous work. Following its previous comments, the Committee notes with interest that section 3 of the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age contains an extensive list of types of work which are considered dangerous and are therefore prohibited for children under 18 years of age. Furthermore, Chapter 2 of the order provides a list of two categories of enterprises where children under 18 years of age are forbidden to work: (1) enterprises which constitute a threat to the morals of children; and (2) enterprises which contain severe risks to the health and security of children. The Committee takes due note of this information.

Article 8. Artistic performances. With reference to its previous comments, the Committee notes the Government’s information that a ministerial order regulating the participation of children in artistic performances is in progress within the Ministry of Sports and Culture. The Committee expresses the hope that the employers’ and workers’ organizations have been duly consulted in the elaboration of the draft ministerial order and requests the Government to provide a copy of this order as soon as it has been adopted.

Article 9, paragraph 3. Employers’ registers. The Committee notes that section 2 of Ministerial Order No. 07/19 of 14 March 2003 on the employers’ registers specifies that the employers’ register contains three instalments, the first of which contains the worker’s identity. The Committee further notes that section 35 of the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age mentions that employers must indicate, in the first instalment of their register, the name, date of birth and type of work performed by each worker who is under 18 years of age. The Committee expresses the hope that the abovementioned draft ministerial order will be adopted in the very near future and requests the Government to keep it informed of any progress in that regard.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the draft National Five-Year Action Plan for the Elimination of Child Labour, 352,550 children aged 5 to 17 are said to be workers: 166,245 (47.2 per cent) boys and 186,305 (52.8 per cent) girls. Among these children, 83.1 per cent work in the sector of agriculture and forestry, 11.9 per cent in domestic aid work, 1.2 per cent in trade and 0.7 per cent in factories. Furthermore, the Committee notes that 23,730 of these children are 6 to 9 years old and 93,980 are 10 to 14 years old. It also observes that only 42,957 children work in urban settings, compared to 309,593 in rural areas.

The Committee also notes the implementation, in 2006, of an ILO/IPEC project to enhance national capacity in child labour data collection, analysis and dissemination through technical assistance to surveys, research and training, which forms part of the broader ILO/IPEC/SIMPOC strategy of using information to mobilize and inform action against child labour and to use the collected data in the design of policies and programmes addressing child labour. The Committee notes that, in this regard, a National Child Labour Survey (NCLS), co-funded by UNICEF, is currently being conducted in Rwanda by the National Institute of Statistics, to respond to continuing information and capacity-building needs.

Considering the importance of the problem of child labour in Rwanda, the Committee invites the Government to pursue its efforts to improve matters progressively. It asks the Government to continue providing 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. The Committee also requests the Government to keep it informed of the progress made in regard to the NCLS and to supply a copy of the results once they have been finalized.

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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.

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The Committee notes the information provided by the Government in its reports of 2002 and 2003. It notes with interest the adoption of Act No. 51/2001 of 30 December 2001 issuing the Labour Code, section 198 of which repeals all earlier laws and regulations contrary to the present Act, in particular the Act of 28 February 1967 issuing the Labour Code, as modified or supplemented up to now and the orders issued for its implementation.

Article 1 of the Convention. The Committee notes the Government’s indication that a great number of workers are children who have left primary school prematurely. In this respect, it notes with interest that a programme called "Education for All" was implemented in September 2000 by the Ministry of Education, Science, Technology and Scientific Research with the support of UNESCO to facilitate children’s access to education and their maintenance in primary school. It also notes the Government’s statements on the implementation in the near future of programmes to support child workers who are heads of households and women in need who are mothers of child workers. It requests the Government to continue to provide information on the action taken to gradually eliminate child labour in Rwanda.

Article 2. Scope of application. The Committee notes that, by virtue of section 2 of the Labour Code, own-account work is excluded from the scope of application of the Code. Indeed, the Labour Code applies to workers, that is, any person who has undertaken to place her or his occupational activity, in exchange for remuneration, under the direction and authority of another individual or entity, whether public or private (section 2 of the Code). The new Labour Code made no changes in this respect. The Committee reminds the Government that the Convention covers all sectors of economic activity and all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which children exercising an economic activity on their own account are guaranteed the protection afforded by the Convention.

Age of completion of compulsory schooling. In its previous observation, the Committee noted that school is compulsory as from the age of 7 years and for a period of six years, by virtue of sections 38 and 40 of Act No. 14/1985 on the organization of primary, integrated rural and crafts and secondary education, as amended by Act No. 48/91 of 25 October 1991; compulsory education therefore ends at 13 years of age. Furthermore, it noted that section 124 of the Labour Code of 1967 provides that children may not be employed, in any enterprise, even as apprentices, before the age of 14 years except by derogation issued by the Minister, taking into account the specific circumstances of the occupation or the situation of the persons concerned. The Committee notes that the Government has transmitted a copy of Act No. 14/1985, as amended by Act No. 48/91 of 25 October 1991. The Government indicates that it has not envisaged any derogation for the employment of young persons under the age of 14 years and that section 65 of the new Labour Code prohibits the employment of children under 14 years of age, without allowing for any derogations.

The Committee notes that compulsory education ends at 13 years of age and that the Government specified a minimum age for admission to employment or work of 14 years when ratifying the Convention in accordance with Article 2, paragraph 5, of the Convention. The Committee therefore considers that the obligation deriving from Article 2, paragraph 3, of the Convention is fulfilled to the extent that the minimum age for admission to employment or work is not below the age at which compulsory education ends. Nevertheless, the Committee believes 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. If the two do not coincide various problems may arise. If schooling ends before young persons 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). The Committee therefore considers it desirable for the school-leaving age to coincide with the minimum age for admission to employment or work, as indicated in Paragraph 4 of Recommendation No. 146, in order to avoid a period of forced inactivity. It therefore hopes that the Government will inform it of any new developments in this respect.

Article 3, paragraph 1. Age of admission to hazardous work. The Committee notes that, by virtue of section 65(3) of the new 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. It notes that under this provision the age for admission to hazardous types of work is 16 years. The Committee reminds the Government that, in principle, 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 18 years of age by virtue of Article 3, paragraph 1, of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that the national legislation provides that no person under the age of 18 years may carry out hazardous work.

Article 3, paragraph 2. List of types of hazardous work. In its previous comments, the Committee noted that the Ministerial Order envisaged under section 124 of the Labour Code had not been adopted. The Committee notes that the new Labour Code reproduces the previous provisions and provides that an order determining the nature of the types of work and the categories of enterprises prohibited for young persons shall be adopted (section 64). The Committee reminds the Government that Article 3, paragraph 2, of the Convention provides that types of hazardous work shall be determined by the national legislation, after consultation with the employers’ and workers’ organizations concerned. The Committee therefore hopes that this Order will be adopted as soon as possible and that it will determine the types of employment or work which are likely to jeopardize the health, safety or morals of young persons under 18 years of age. It requests the Government to supply a copy of the text once it is adopted. It also requests the Government to provide information on the consultations held with the employers’ and workers’ organizations concerned.

Article 7, paragraph 1. The Committee notes with interest that the new Labour Code brings the legislation into conformity with Article 7, paragraph 1, of the Convention. Indeed, section 65(2) of the new Labour Code provides that derogations to the general principle of the prohibition of the employment of young persons under 16 years of age may be granted for young persons between the ages of 14 and 16 years for light work which is not likely to prejudice their health or development or their participation in vocational orientation or further training programmes.

Article 8. The Committee notes that a draft Ministerial Order implementing sections 64 and 65 of the new Labour Code has been formulated. By virtue of this draft Order, artistic activities will be included in the industrial activities in which young persons under 18 years of age may not work for wages or direct or indirect earnings between 7 p.m. and 5 a.m. The draft Order also provides that children may participate as actors in public performances, or participate at night as actors in takes for films, dances or folklore events on condition that their participation does not endanger their life, health or morals and that they are not employed beyond midnight. The draft Order also indicates that night work shall be limited to an average of three evenings a week and that a rest period of 12 consecutive hours shall be granted. It provides that young workers shall have a work permit which will mainly be granted to young persons studying theatre or music. The Committee reminds the Government that, according to Article 8, paragraph 1, of the Convention, participation in activities such as artistic performances may be permitted by the competent authority in individual cases, after consultation with the employers’ and workers’ organizations concerned, if such exist. The Committee hopes that the above text will be rapidly adopted in order to bring the legislation into conformity with Article 8 of the Convention.

Article 9, paragraph 3. The Committee notes with interest that section 178 of the new Labour Code provides that "the employer’s register shall be continuously kept up to date at the workplace, its model shall be fixed by Order of the minister responsible for labour". The Committee also notes that the Government has supplied a copy of the draft Ministerial Order establishing the model of the employer’s register. According to the draft register provided, the age and name of employees under 18 years of age are to be included. The Committee recalls that, by virtue of Article 9 of the Convention, these registers or documents shall indicate the name and age or date of birth, duly certified to the extent possible, of the persons employed by or working for the employer and who are under 18 years of age. The Committee hopes that this Order will be adopted as soon as possible  and requests the Government to supply a copy of the text once it is adopted.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and details of the number and nature of violations reported and the sanctions imposed.

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The Committee notes with interest that the Government adopted a new Labour Code on 1 March 2001 which takes into account some of the comments of the Committee of Experts. It also notes with interest that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee is raising other issues relating to the application of the Convention in a request addressed directly to the Government.

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The Committee notes the information contained in the Government’s report. It also notes the observation transmitted by the Confederation of Trade Unions of Rwanda (CESTAR), which was forwarded to the Government but which did not make any comments. The Committee requests the Government to indicate the measures which have been adopted so that reports reach CESTAR in time, accompanied by copies of report forms, so that CESTAR can play its full role in the application of Conventions and Recommendations.

Article 2, paragraph 1, of the Convention.  The Committee repeats its previous comments. It requests the Government to indicate the measures which have been taken or are envisaged to ensure that no person under the minimum age laid down (14 years) is admitted to employment or work in any occupation, including self-employment.

Article 2, paragraph 3.  According to the information provided by the Government in its report, by virtue of Act No. 14/1985 (organizing integrated primary, rural and craft education and secondary education), as amended by Act No. 48/91 of 25 October 1991, school is compulsory from seven years of age (or when children have reached their sixth birthday) for six years: compulsory schooling would therefore end at the age of 13. However, section 124 of the Labour Code provides that children cannot be employed in any enterprise, even as apprentices, before the age of 14 years, unless an exemption is issued by the Minister taking into account the specific circumstances of the occupation or situation of such persons. The Committee requests the Government to:

(a)  provide a copy of Act No. 14/1985;

(b)  indicate whether the Minister has issued exemptions to the prohibition from employing children under the age of 14 years; and

(c)  provide information on the measures which have been taken or are envisaged to resolve these differences between the age of completing compulsory school and the minimum age for work, which is set at 15 years by the Convention.

Article 3.  While awaiting the adoption of the new Labour Code, the Committee has been noting for many years that the ministerial order envisaged under section 124 of the Labour Code has not yet been adopted. It recalls that it is essential to clearly define, by means of the envisaged order, the type of work and the categories of enterprises which are prohibited for young persons so that legislative provisions prohibiting hazardous work are applied in practice. It, therefore, requests the Government to continue its endeavours in this respect and to indicate any progress achieved.

Article 7, paragraphs 1 and 3.  The Committee requests the Government to provide information concerning the application of sections 125 and 24 of the Labour Code and on the measures which have been taken or are envisaged to define the scope of the exemptions envisaged by these two sections. Furthermore, the Committee requests the Government to provide information on the application in practice of section 126 of the Labour Code, which provides that young persons may not be maintained in jobs which are recognized as being beyond their strength or prejudicial to their health and that they must be assigned to suitable employment.

Article 8.  The Committee notes that, contrary to the view expressed by the Government, sections 24 and 125 of the Labour Code do not give effect to this Article of the Convention. The Committee, therefore, requests the Government to indicate the measures which have been taken or are envisaged to determine the conditions of employment or work authorized in the event of the participation of children in artistic performances, as required by the Convention.

Article 9, paragraphs 1 and 3, and Part V of the report form.  The Committee notes that the 1998 survey is being continued in four prefectures and requests the Government to provide information on the application of the Convention in practice as soon as it is available. Furthermore, it requests the Government to provide a copy of the employer’s register envisaged in section 168 of the Labour Code.

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The Committee refers to its previous comments and notes the draft Labour Code appended to the Government's report. The Committee hopes that the draft Code will be adopted rapidly and take account of the following points.

Article 2, paragraph 1, of the Convention. The Committee refers to its previous comment and notes that the draft Code extends the minimum age provision to the agricultural sector. However, the Committee notes that the draft Code's provisions concerning child labour apply only to waged employment, similarly to the Labour Code in force (section 2.1 of the Labour Code in force and also the draft Labour Code). The Committee also notes that the Government acknowledges the need to extend the scope of application of the minimum age to include self-employment. Having regard for this acknowledgement, the Committee requests the Government to indicate the measures taken or envisaged to ensure that no person under the minimum age laid down (14 years) should be admitted to employment or work in any occupation, in particular to self-employment.

Article 2, paragraph 3. The Committee requests the Government to provide concrete information concerning compulsory education, in particular the age at which compulsory education is completed, and to provide a copy of the legislative text which regulates compulsory education.

Article 3. In its previous comment, the Committee had requested the adoption of the Decree provided for under section 124 of the current Labour Code in order to define the types of work and the categories of enterprises which are prohibited for minors so as to give full effect to Article 3 of the Convention. However, the draft Labour Code prohibits the employment of minors in certain employment and enterprises determined by the Ministry (section 156 of the draft Labour Code) and their continued employment in work recognized as being beyond the physical capacity or harmful to the health of the minor and in which case, provides for their transfer to more suitable employment (section 158(2) of the Labour Code). Moreover, workers who are under the age of 16 years may not perform work that is unhealthy, arduous, harmful or dangerous to their health and training (section 157(3) of the draft Code) and may be admitted to employment in the activities determined by Ministerial Decree only after a medical examination (section 158(3) of the draft Labour Code).

The Committee notes that these provisions appear to set the minimum age for dangerous work at 16 years instead of 18 years, and that the relationship between these provisions (sections 156 to 158) is unclear. The Committee recalls that Article 3 of the Convention categorically prohibits minors under the age of 16 years from performing dangerous work and only authorizes the employment of minors aged between 16 years and 18 years under very specific conditions. The Committee requests the Government to ensure that the minimum age at which minors are employed to perform dangerous work is established at 18 years and that the conditions under which a minor aged between 16 years and 18 years may work are in conformity with Article 3, paragraph 3, of the Convention.

Moreover, with regard not only to the above provisions of the draft Labour Code but also to the Labour Code in force (section 124 of the Labour Code), the Committee recalls that it is essential that the Decree envisaged clearly defines the type of work and the categories of enterprises barred to minors in order that the legislative provisions which prohibit dangerous work for minors can be actually implemented. Consequently, the Committee requests the Government to continue with its efforts in this regard and to indicate any progress made.

Article 7, paragraphs 1 and 3. In its previous comments, the Committee noted that under sections 24 and 125 of the current Labour Code the Minister may grant exemptions to the minimum age at which a person may be admitted to employment taking into account the particular circumstances of the occupation or the situation of the persons concerned. The Committee requested the Government to indicate the measures taken or envisaged to define the scope of the exemptions provided for under the above sections of the Labour Code in the light of the provisions of Article 7 of the Convention, since the Convention provides exemptions to the minimum age at which a minor may be admitted to employment only for light work performed by minors of 12 years of age or over, provided that this work is not likely to be harmful to their health or development and does not prejudice their attendance at school.

In this respect, the Committee notes that section 157(2) of the draft Labour Code limits the scope of the exemptions granted in the preceding paragraph of section 157(2) to minors aged between 12 years and 14 years to light work and imposes the condition that this work may not be harmful to their health or development, prejudice their attendance at school or their participation in vocational orientation or training programmes.

The Committee requests the Government to provide information in respect of any exemption granted under these provisions (sections 24 and 125 of the current Labour Code or will be granted under section 157(2) of the draft Labour Code, in the event it is adopted).

Article 8. The Committee recalls the Government's statement in its report received in 1991 to the effect that the application of this provision is provided for under sections 24 and 125 of the Labour Code (sections 13 and 157 of the draft Labour Code) which lays down exemptions to the minimum age of 14 years granted by the Minister of Labour. The Committee also recalls that the Government stated in its 1987 report that this provision still requires an implementing regulation. In the absence of more recent information, the Committee requests the Government to provide information in respect of the prevailing practices concerning the work performed by minors in such activities as artistic performances and to indicate the measures adopted to ensure that their participation is only undertaken upon specific authorization, within the hours of employment and the conditions prescribed.

Article 9, paragraph 3. The Committee notes that section 227 of the Bill, similarly to section 168 of the current Labour Code, lays down the obligation for the employer to maintain an "Employment register" whose format shall be established by Ministerial Order. The Committee notes the Government's intention, presented in the Government's report on the draft Labour Code, to include the name and age of employed persons who are under the age of 16 years. The Committee recalls that the Convention requires that this register should include information on persons under the age of 18 years and not under the age of 16 years. The Committee hopes that this Ministerial Order will be adopted in accordance with the Convention in this regard and requests the Government to provide an example of this register as soon as its format has been established.

Article 9, paragraph 1, and point V of the report form. The Committee requests the Government to provide information concerning the measures adopted to ensure the effective application of the Convention, as well as the practical application by providing, for example, statistical data in respect of the number, age and gender of children and adolescents who are employed, copies of extracts of the reports of the inspection services and violations observed.

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The Committee notes that the Government's report received in 1995 gives no further reply to previous comments. It must therefore repeat its observation on the following points:

In the comments it has been making for several years, the Committee has noted the Government's intention to bring the national laws into conformity with the Convention. The Committee points out that the previous comments related to the following points: Article 1 of the Convention. The minimum age for admission to employment or work applies to employment of any kind, including work done for one's own account. The Committee has noted that the provisions of sections 24 and 125 of the Labour Code apply only to wage-earning work and that under the provisions of section 186 agricultural workers are subject to special provisions laid down in a particular Act, which has not yet been adopted. The Committee asks the Government to indicate the measures taken or contemplated to ensure that no one under the specified minimum age is admitted to employment or work in any occupation, in particular in agriculture and in occupations where one works for one's own account. Article 3. The Ministerial Order which is to specify the nature of work and the categories of undertakings barred to minors, for which provision is made in section 124 of the Labour Code, has not yet been adopted. Article 7. Under sections 24 and 125 of the Labour Code, the Minister may grant exceptions to the minimum age for admission to employment having regard to circumstances peculiar to the occupation or to the situation of the persons concerned. The Committee points out that the Convention provides for exceptions to the minimum age for admission to employment in the case of light work done by children over 13 years of age on condition that the work is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. It asks the Government to indicate the measures taken or contemplated to clarify the scope of the exceptions provided for in those two sections in the light of the provisions of Article 7 of the Convention. The Committee notes that in the third quarter of 1990 the Government requested and received the advice of the Office concerning a draft revision of the sections of the Labour Code designed in particular to give effect to the provisions of the Convention. It hopes that the draft text which takes the Office's advice into account will be quickly adopted, and asks the Government to supply a copy of the text adopted. Article 2, paragraph 5. The Committee draws the Government's attention to the information which the Government is required to supply under Article 2, paragraph 5(a) or (b), of the Convention and requests it to include this in its forthcoming reports.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. In the comments it has been making for several years, the Committee has noted the Government's intention to bring the national laws into conformity with the Convention. It notes that, in its report for the period ending 30 June 1991, the Government does not refer to any measure adopted or contemplated to that end. The Committee points out that the previous comments related to the following points:

Article 1 of the Convention. The minimum age for admission to employment or work applies to employment of any kind, including work done for one's own account. The Committee has noted that the provisions of sections 24 and 125 of the Labour Code apply only to wage-earning work and that under the provisions of section 186 agricultural workers are subject to special provisions laid down in a particular Act, which has not yet been adopted. The Committee asks the Government to indicate the measures taken or contemplated to ensure that no one under the specified minimum age is admitted to employment or work in any occupation, in particular in agriculture and in occupations where one works for one's own account.

Article 3. The Ministerial Order which is to specify the nature of work and the categories of undertakings barred to minors, for which provision is made in section 124 of the Labour Code, has not yet been adopted.

Article 7. Under sections 24 and 125 of the Labour Code, the Minister may grant exceptions to the minimum age for admission to employment having regard to circumstances peculiar to the occupation or to the situation of the persons concerned. The Committee points out that the Convention provides for exceptions to the minimum age for admission to employment in the case of light work done by children over 13 years of age on condition that the work is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. It asks the Government to indicate the measures taken or contemplated to clarify the scope of the exceptions provided for in those two sections in the light of the provisions of Article 7 of the Convention.

The Committee notes that in the third quarter of 1990 the Government requested and received the advice of the Office concerning a draft revision of the sections of the Labour Code designed in particular to give effect to the provisions of the Convention. It hopes that the draft text which takes the Office's advice into account will be quickly adopted, and asks the Government to supply a copy of the text adopted.

Article 2, paragraph 5. The Committee draws the Government's attention to the information which the Government is required to supply under Article 2, paragraph 5(a) or (b), of the Convention and requests it to include this in its forthcoming reports.

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With reference to its earlier comments, the Committee notes with interest that the Government intends to spare no efforts in bringing the national legislation into conformity with Article 2, paragraphs 1 and 4, of the Convention. It hopes that the Government will also be able to take the necessary measures to give full effect to Articles 3, 7 and 8, paragraph 2, and that the next report will contain information on the progress made in this respect.

The Committee takes note of the information supplied by the Government concerning the application of Article 7.