Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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.