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

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

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.