Minimum Age (Underground Work) Convention, 1965 (No. 123) - Rwanda (Ratification: 1970)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 4(1) and (2) of the Convention. Penalties and appropriate inspection services. In its previous comments, the Committee noted the Government’s statement that information on the implementation of the provisions which require inspections in mines and quarries to be carried out by experts would be provided once the child labour survey was finalized.

The Committee observes that, according to the Child Work and Child Labour Survey of Rwanda of 2013, conducted by the National Institute of Statistics of Rwanda, 110,742 children aged 6–17 years (3 per cent of the total population of children of that age in Rwanda) work outside their homes. The Committee notes that 3,099 children aged 6–17 were found to be working in mining and quarrying (2,480 boys and 619 girls), representing 2.8 per cent of the total number of children working outside their homes. Moreover, it observes that of these children, 133 were between 6 and 9 years of age, 1,269 were between 10 and 15 years of age, and 1,697 were 16 and 17 years of age. The Committee requests the Government to continue providing information on the number of children working in mines and quarries, and requests the Government to provide information on the penalties applied to persons who engage children under the minimum age for admission to work in mines and quarries.

Article 4(4) and (5). Records of employment to be made available to labour inspectors and workers’ representatives. In its previous comments, the Committee recalled that, under the terms of the Convention, the employers’ registers presented to the inspectors must indicate, for each person aged below 20 years employed or working underground, in addition to his/her date of birth, duly certified if possible, the date on which the worker was employed or worked underground at the enterprise for the first time. The Committee requested the Government to take the necessary measures to ensure that workers aged between 18 and 20 years are included in the employers’ registers.

The Committee notes the Government’s information that section 7 of Ministerial Order No. 06 of 13 July 2010 provides that every employer in the institutions mentioned in section 6 – which includes mines and quarries – shall request a birth certificate from a worker before signing an employment contract with him or her. In addition, by virtue of section 6 of Ministerial Order No. 10 of 28 July 2010 determining the modalities of declaration of the enterprise, workers and nature of employer register, any employer shall keep at the workplace an employer register, the second part of which shows the identification of the employees. The Committee observes that the model register in Annex II of the Ministerial Order shows that employers must register the date of birth, date of commencement, and date of end of contract of every employee.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2 of the Convention. Minimum age for admission to employment or work in underground mines. In its previous comments, the Committee noted that the draft Ministerial Order determining the nature, the categories of enterprises and the list of types of work prohibited to children had been communicated by the Government.

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, which contains an extensive list of hazardous types of work prohibited to children, including works carried out on the surface or underground related to mining or works carried out underneath the water (section 4(1)), as well as in mining and quarry institutions, whether public or private (section 6(3)).

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

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

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 of the Convention. Minimum age for admission to employment or work in underground mines. Following its previous comments, 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. The Committee notes with interest that according to sections 2(d) and 3 of this draft Ministerial Order, work that is accomplished underground is considered dangerous and is prohibited for children under 18. Furthermore, according to sections 15 and 17 of the same Order, children under 18 may not perform night work in industrial enterprises, which includes mines, quarries and industries of substance extraction of any nature. The Committee expresses the hope that this draft Ministerial Order will be adopted in the near future and requests the Government to supply a copy of it as soon as it has been adopted.

Article 4(2). Appropriate inspection services. Following its previous comments, the Committee notes the Government’s statement that information on the implementation of the provisions which require inspections in mines and quarries to be carried out by experts, who can themselves require that children undergo examination by a qualified doctor, will be provided once the child labour survey, which is currently in process, is finalized. The Committee trusts that the Government will communicate all relevant information in this regard to the Office as soon as it becomes available.

Article 4(4) and (5). Records of employment to be made available to labour inspectors and workers’ representatives. In its previous comments, the Committee had recalled that, under the terms of the Convention, the employers’ registers presented to the inspectors must indicate, for each person aged below 20 years employed or working underground, in addition to his/her date of birth, duly certified if possible, the date on which the worker was employed or worked underground at the enterprise for the first time. The Committee had also requested the Government to take measures to oblige the employer to provide a list of the persons aged below 20 years employed or working underground, indicating for each worker the abovementioned information, to the workers’ representatives, at their request. The Committee notes that section 35 of the Ministerial Order determining the types of hazardous work provides that the employer must indicate, in his/her register, the names, dates of birth and dates of engagement in the enterprise, of each worker under the age of 18. It notes that the same section provides that the information kept in these registers must be communicated to the workers’ representatives within eight days of a request made to that effect. However, the Committee points out that the Ministerial Order does not impose the same obligation on employers for workers aged between 18 and 20 years. The Committee requests the Government to take the necessary measures to ensure that workers aged between 18 and 20 years are included in the employers’ registers and that the information that concerns them is also made available to workers’ representatives.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information supplied by the Government in its report.

Article 2 of the Convention. Minimum age for admission to employment or work in underground mines. Following its previous comments, 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. The Committee notes with interest that according to sections 2(d) and 3 of this draft Ministerial Order, work that is accomplished underground is considered dangerous and is prohibited for children under 18. Furthermore, according to sections 15 and 17 of the same Order, children under 18 may not perform night work in industrial enterprises, which includes mines, quarries and industries of substance extraction of any nature. The Committee expresses the hope that this draft Ministerial Order will be adopted in the near future and requests the Government to supply a copy of it as soon as it has been adopted.

Article 4, paragraph 1. Penalties. The Committee had previously noted that section 195 of Act No. 51/2001 contains no express provisions for appropriate penalties in case of contraventions of the minimum age for employment in mines. The Committee observes that section 36 of the draft Ministerial Order determining the types of hazardous work provides that a violation to the Order is punishable according to the penalties contained in section 194 of
Act No. 51/2001, which imposes a fine of 10,000 to 50,000 francs and adds imprisonment for 15 days to six months in case of recidivism. The Committee takes due note of this information.

Article 4, paragraph 2. Appropriate inspection services. Following its previous comments, the Committee notes the Government’s statement that information on the implementation of the provisions which require inspections in mines and quarries to be carried out by experts, who can themselves require that children undergo examination by a qualified doctor, will be provided once the Child Labour Survey, which is currently in process, is finalized. The Committee trusts that the Government will communicate all relevant information in this regard to the Office as soon as it becomes available.

Article 4, paragraphs 4 and 5. Records of employment to be made available to labour inspectors and workers’ representatives. In its previous comments, the Committee had recalled that, under the terms of the Convention, the employers’ registers presented to the inspectors must indicate, for each person aged below 20 years employed or working underground, in addition to his/her date of birth, duly certified if possible, the date on which the worker was employed or worked underground at the enterprise for the first time. The Committee had also requested the Government to take measures to oblige the employer to provide a list of the persons aged below 20 years employed or working underground, indicating for each worker the abovementioned information, to the workers’ representatives, at their request. The Committee notes that section 35 of the Ministerial Order determining the types of hazardous work provides that the employer must indicate, in his/her register, the names, dates of birth and dates of engagement in the enterprise, of each worker under the age of 18. It notes that the same section provides that the information kept in these registers must be communicated to the workers’ representatives within eight days of a request made to that effect. However, the Committee points out that the Ministerial Order does not impose the same obligation on employers for workers aged between 18 and 20 years. The Committee requests the Government to take the necessary measures to ensure that workers aged between 18 and 20 years are included in the employers’ registers and that the information that concerns them is also made available to workers’ representatives.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in its report.

The Committee notes the adoption, since the Government sent its report, of Act No. 51/2001 of 30 December 2001 issuing the Labour Code and repealing, by virtue of section 198, all previous laws and regulations contrary to the new Code, in particular the Labour Code Act of 28 February 1967 as amended or extended until that date and any orders enacted to implement it. The Committee notes that, although the Government indicated in its report that it took due note of the Committee’s comments concerning the draft Act introducing the new Labour Code, the provisions of the new Labour Code do not implement the following provisions of the Convention.

Article 2 of the Convention. The Committee notes that, according to section 64 of the new Labour Code, the nature of the work and the categories of undertakings in which employment of children is prohibited are established by order of the minister responsible for labour affairs. The Committee therefore recalls that employment or work underground in mines should be prohibited by the terms of this section of the Labour Code itself. The Committee draws the Government’s attention to the fact that even if the employment or work underground meets the criteria defined in section 65(3) of the Code and might therefore be included on the list of jobs prohibited to persons below the age of 16 years - a list which, according to this section, must be established by order of the minister responsible for labour matters - this measure would not be in conformity with the obligations accepted by the Government under this Convention. The Committee reminds the Government that in a declaration appended to its ratification, it had specified 18 years as the minimum age for employment or work underground. The Committee notes that, as far as it is aware, the order defining the nature of work and categories of enterprise in which employment of children is prohibited, which is required for the implementation of section 64 of the Labour Code, has yet to be adopted. The Committee requests the Government to communicate a copy of the order as soon as it has been adopted.

Article 4, paragraph 1. The Committee notes that section 195 of Act No. 51/2001, which provides for sanctions for any violations of the provisions, contains no express provisions for appropriate penalties in cases of contraventions in connection with the minimum age for employment in mines, in accordance with this paragraph of the Convention.

Article 4, paragraph 2. The Committee notes the provisions of section 166(1) of the Labour Code which requires inspections in mines and quarries to be carried out by experts, who are required to ensure that any facilities inspected are fitted and equipped so as to protect workers’ health. The Committee also notes that, in implementation of section 66(1) of the Code, the inspector can require that children undergo examination by a qualified doctor to determine whether the work they are required to do is beyond their capacity and harmful to their health, and that this can be demanded as a right. The Committee requests the Government to supply information on the implementation of such inspections in practice.

Article 4, paragraph 4. The Committee notes that, according to section 178 of Act No. 51/2001 issuing the Labour Code, "the employer’s register shall be kept up to date at the workplace, and the model register to be used shall be determined by order of the minister responsible for labour affairs". The Committee notes that, under the terms of section 198 of the new Code, Presidential Order No. 111/09 of 17 April 1978 concerning organization of workers’ placement and monitoring of employment, which had implemented sections 148, 149 and 168 of the previous Labour Code, is repealed. The Committee is aware of a draft ministerial order establishing the model employer’s register in accordance with section 178 of the Code. The Committee recalls that, under the terms of this provision of the Convention, the registers presented to the inspectors must indicate, for each person aged below 20 years employed or working underground, in addition to his date of birth, duly certified if possible, the date on which the worker was employed or worked underground at the enterprise for the first time. The Committee requests the Government to take the necessary measures to ensure that this date is included in the employer’s register, and to provide a copy of the ministerial order once it is adopted.

Article 4, paragraph 5. The Committee requests the Government to adopt measures to oblige the employer, at the request of workers’ representatives, to make available to them lists of persons aged below 20 years employed or working underground, indicating for each worker the date of birth and the date on which he was employed or worked underground at the enterprise for the first time, and to provide a copy of a model list.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the draft Labour Code, a copy of which was provided by the Government with its report. It also notes that, in conformity with Article 4, paragraph 1, of the Convention, the draft Code provides for appropriate penalties to ensure the effective enforcement of the minimum age established. However, the Committee notes that the provisions of the draft Code do not adequately ensure application of the Convention with regard to the following points.

Article 2 of the Convention. The Committee notes that no progress has been made in the draft Labour Code from the point of view of the minimum age for underground work. Recalling that the minimum age of 18 years was specified at the time of ratification, the Committee notes that section 156 of this draft Code is similar to the provision contained in section 124 of the Labour Code currently in force in providing for the prohibition of the employment of minors in certain areas of work and certain undertakings to be specified by the Minister of Labour. Since there is no Ministerial Decree prohibiting underground work by minors below the age of 18 years, this provision would not give effect to the Convention in respect of the minimum age required.

Furthermore, section 157(3) of the draft Code makes it unlawful for workers below the age of 16 years to be employed in night work, or in work that is unhealthy, arduous, harmful or dangerous to their health and training. The list of such work is to be established by decree of the Minister of Labour following consultations with the National Labour Commission for the private sector. Even if underground work is included on this list, the minimum age of 16 years is not sufficient, since the Government declared the minimum age for the application of this Convention to be 18 years. The Committee therefore requests the Government to take the necessary measures to ensure that the minimum age of 18 years for admission to employment or work underground in mines or quarries is enforced.

Article 4, paragraphs 4 and 5. The Committee notes that section 227(2) of the draft Labour Code, like section 168 of the present Labour Code and section 5(a) and (b) of Presidential Order No. 111/09 of 17 April 1978, stipulates that the employer is required to keep an "employer's record", the model for which is to be determined by order of the Minister of Labour. The Committee recalls that under the terms of the Convention, employers are required to keep and make available to inspectors records of person who are employed or work underground and are less than two years older than the specified minimum age, which in the case of Rwanda means persons below the age of 20 years. These records must indicate the dates of birth of the persons concerned and the dates on which they were employed or worked underground in the undertaking for the first time. These details should be included in the model record adopted by Ministerial Order.

Given that these points have been raised by the Committee since the ratification of the Convention by Rwanda in June 1970, the Committee hopes that the necessary measures will be adopted quickly, taking into account the foregoing comments.

2. The Committee requests the Government to provide information on the practical application of the Convention, including extracts from inspection reports and information on the number and nature of contraventions found, in accordance with point IV of the report form.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

In the comments that it has been making since 1974, the Committee has noted the Government's intention to bring its legislation into conformity with the Convention. It also notes that the Government, in the third quarter of 1990, requested and received an opinion from the Office relating to a draft amendment to the Labour Code with regard to Articles 2 and 4 of the Convention. The Committee notes, according to the Government's report, that no provision has yet been adopted in this respect. It hopes that the Government will rapidly be in a position to supply information on the measures that have been taken in order to determine: (a) in accordance with Article 2 of the Convention, that a minimum age of 18 years shall be set for admission to employment or to underground work in mines, including employment and underground work in quarries; (b) in accordance with Article 4, paragraphs 4 and 5, that the employer shall keep, and make available to inspectors, records in respect of persons who are employed or work underground and who are less than 2 years older than the minimum age specified by the Government, namely persons less than 20 years of age in the case of Rwanda, and that these records shall indicate the date of birth of these persons and the date on which they were employed or worked underground in the undertaking for the first time; (c) in accordance with Article 4, paragraph 1, that appropriate penalties shall be provided for in order to ensure the effective enforcement of the minimum age that has been fixed.

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

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In the comments that it has been making since 1974, the Committee has noted the Government's intention to bring its legislation into conformity with the Convention. It also notes that the Government, in the third quarter of 1990, requested and received an opinion from the Office relating to a draft amendment to the Labour Code with regard to Articles 2 and 4 of the Convention. The Committee notes, according to the Government's report, that no provision has yet been adopted in this respect. It hopes that the Government will rapidly be in a position to supply information on the measures that have been taken in order to determine:

(a) in accordance with Article 2 of the Convention, that a minimum age of 18 years shall be set for admission to employment or to underground work in mines, including employment and underground work in quarries;

(b) in accordance with Article 4, paragraphs 4 and 5, that the employer shall keep, and make available to inspectors, records in respect of persons who are employed or work underground and who are less than two years older than the minimum age specified by the Government, namely persons less than 20 years of age in the case of Rwanda, and that these records shall indicate the date of birth of these persons and the date on which they were employed or worked underground in the undertaking for the first time;

(c) in accordance with Article 4, paragraph 1, that appropriate penalties shall be provided for in order to ensure the effective enforcement of the minimum age that has been fixed.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous observations, the Committee notes from the Government's report that the laws and regulations which are to bring the legislation into conformity with the Convention are being drafted and will be adopted shortly. The Committee hopes that these drafts will be adopted in the near future and that they will determine:

(a) in accordance with Article 2 of the Convention, that the minimum age of 18 years shall be fixed for admission to employment or work underground in mines, including underground employment and work in quarries;

(b) in accordance with Article 4, paragraphs 4 and 5, that the employer shall keep, and make available to inspectors, records, in respect of persons who are employed or work underground and who are less than two years older than the minimum age for admission specified by the Government, i.e. in Rwanda persons under 20 years of age; and that these records shall indicate the date of birth of such persons and the date at which they were employed or worked underground in the undertaking for the first time;

(c) in accordance with Article 4, paragraph 1, that appropriate penalties shall be provided to ensure the effective enforcement of the minimum age fixed.

The Committee asks the Government to indicate the measures taken to bring the legislation into harmony with the Convention. It notes with interest the consultations held with the International Labour Office in this respect.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous comments, the Committee has pointed out that Ministerial Circular No. 221/2243/10/473/325 of 29 December 1970 and Presidential Order No. 111/09 of 17 April 1978, to which the Government again refers in its report, do not suffice to ensure full application of the Convention. It recalls, in particular, that the above Ministerial Circular fixing the minimum age for underground work at 18 years, which is addressed to employers and labour inspectors requesting them to secure observance of the provisions of the Convention, does not replace the legislative provisions required by Article 2 of the Convention. Furthermore, for a number of years, the Government has indicated that a draft Order had been prepared under section 124 of the Labour Code, to provide that young people under 18 years of age shall not be "employed" or "work" underground in mines and quarries, in accordance with Article 2. The Committee notes that the Government does not mention this draft in its last report. The Committee also recalls that section 5 of Presidential Order No. 111/09 of 17 April 1978 prescribes the keeping of an employer's record at the workplace indicating the name and age of the workers, whereas Article 4, paragraph 4, of the Convention requires the employer's records to indicate, in respect of persons under the age of 20 who are employed or work underground, in addition to their date of birth, the date at which they were employed or worked underground in the undertaking for the first time. This information must also be included in the lists of such persons that the employer must make available to the workers' representatives at their request, in accordance with paragraph 5 of this Article. The Committee therefore trusts that the draft Order to establish the minimum age of 18, in accordance with section 124 of the Labour Code will be adopted shortly. It hopes that the Order will also prescribe appropriate penalties to ensure enforcement of the minimum age provision, in accordance with Article 4, paragraph 1, of the Convention, and the keeping of the records and lists laid down in paragraphs 4 and 5 of the same Article, and will provide that they shall be made available to the workers' representatives.

The Committee trusts that the Government will indicate the measures taken to bring the national legislation into harmony with the Convention with regard to the above points.