Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

Convenio sobre la edad mínima, 1973 (núm. 138) - Rwanda (Ratificación : 1981)

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.