Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Rwanda (Ratificación : 2000)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking. The Committee welcomes the adoption of Law No. 51/2018 of 13 August 2018 relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others, which, among other things, penalizes both the offence of trafficking in persons and the promotion and facilitation of trafficking in persons (sections 18 and 19). Where the offences are committed against a child, the penalty is life imprisonment and a fine of not less than 15 million and not more than 20 million Rwandan francs (section 20).

In this regard, the Committee notes that, in its concluding observations of 21 October 2021, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) noted the efforts of Rwanda to combat trafficking in persons by increasing the conviction rates of perpetrators from 12.5 per cent in 2016 to 53.3 per cent in 2018. However, the CMW expressed its concern about the challenges in evidence-gathering as one of the main causes of the low conviction rate for the crime of trafficking in persons as compared with other crimes, and the scarce quantitative data related to trafficking in persons (CMW/C/RWA/CO/2, para. 53). The Committee requests the Government to supply information on the application of sections 18, 19 and 20 of Law No. 51/2018 in practice, including, in particular, statistics on the number of investigations, prosecutions, convictions and penalties imposed.

2. Commercial sexual exploitation. The Committee previously took note of the measures taken by the Government for the prevention and elimination of commercial sexual exploitation, but took note also of the increase of trafficking in adolescent girls for purposes of sexual exploitation under the pretext of offering them opportunities to study or work abroad and the relatively low number of prosecutions and convictions of traffickers due to insufficient resources allocated to law enforcement.

The Committee notes the Government’s information in its report regarding Rwanda’s legal framework protecting children against all forms of sexual exploitation, including commercial sexual exploitation. Law No. 51/2018 of 13 August 2018 punishes any person convicted of any of the acts constituting sexual exploitation (defined under section 3(2º) of the Law) with imprisonment for a term of not less than 3 years and not more than 5 years and a fine of not less than 3 million and not more than 5 million Rwandan francs. Where the acts are committed against a child, the offender is liable to life imprisonment and a fine of not less than 10 million and not more than fifteen million Rwandan francs (section 24 of the Law). The Committee once again requests the Government to take the necessary measures to protect children against commercial sexual exploitation, particularly by strengthening the capacity of the law enforcement bodies, including by means of allocating enough resources to this end, to enable them to carry out thorough investigations and prosecutions. In this regard, it requests the Government to provide information on the measures taken and the results achieved, including statistics on the number of investigations, prosecutions, convictions and penalties imposed in application of section 24 of Law No. 51/2018.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Access to free basic education and special situation of girls. The Committee previously took due note of the increase in the enrolment rates of girls at the secondary level but requested the Government to enhance its efforts to reduce the drop-out rates.

The Committee notes the Government’s statement that girls’ education in Rwanda is a central component of strategies to ensure that there is inclusive basic education for all. The Committee takes note of the detailed information provided by the Government on the measures taken in this regard, in particular: (i) the Special Needs and Inclusive Education Policy and its Strategic plan (SNIEP) (2018/19–2023/24), adopted in October 2018, which puts in place coordinated and appropriately resourced special needs and inclusive education services; (ii) the National Girls’ Education Policy and its strategic plan, the Education Sector Strategic Plan (ESSP) 2018/19–2023/24, which commit to promoting access to education at all levels, improving the quality of education and training as well ensuring that the disadvantaged groups have access to meaningful learning opportunities. As result of policy implementation alongside other programmes in the education sector, the status of girls’ education has improved at primary, secondary, and tertiary levels of education, and gender parity has been stable at primary and secondary levels.

The Committee notes that, in its reply 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, the Government indicates that access to education has experienced good achievements, particularly at the primary level, but that repetition and drop-out rates continue to be a big challenge (CRC/C/RWA/RQ/5-6, paras. 17, 21). In its concluding observations of 28 February 2020, the CRC, while commending the Government for the high primary school enrolment rates and welcoming the adoption of the education sector strategic plan, expresses its deep concern about the low secondary school enrolment rates (CRC/C/RWA/CO/5-6, para. 38). Welcoming the progress made to improve access to primary education, the Committee encourages the Government to continue its efforts, in order to ensure that all children have access to free basic education, with special attention to girls in lower secondary education, and to reduce school drop-out rates. The Committee requests the Government to continue to provide information on the measures adopted and the results achieved in this regard, including within the framework of the ESSP 2018/19–2023/24 and the SNIEP (2018/19–2023/24).

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Commercial sexual exploitation. The Committee previously noted that, despite the efforts of the Government, children were still exploited in prostitution, and that orphans, children from poor areas and child domestic workers might be particularly vulnerable to becoming engaged in this worst form of child labour. The Committee requested the Government to take the necessary measures to ensure the removal, rehabilitation and social integration of children involved in commercial sexual exploitation.

The Committee notes the Government’s information that Rwanda has established the Isange One Stop Centres, which provide victims of sexual exploitation – including children – with shelter, medical treatment, psychosocial counselling and medical/legal aid under one roof, so as to avoid re-victimization. These centres are currently operational in 44 hospitals countrywide. Moreover, the Ministry of Gender and Family Promotion of Rwanda earmarked funds to all 30 districts to ensure the effective reintegration of victims of gender-based violence, child abuse and human trafficking. The Committee requests the Government to pursue its efforts to provide the necessary direct assistance to child victims of commercial sexual exploitation, and to ensure their rehabilitation and social integration. It further requests the Government to provide information on the number of persons under the age of 18 who have thus benefited from rehabilitation and social integration assistance.

2. Child soldiers. The Committee previously noted that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) had been reintegrated into society by the Rwanda Demobilization and Reintegration Programme (RDRP). The Committee further noted that gender-sensitive measures were employed through the RDRP regarding female ex-combatants. It therefore requested the Government to continue taking the necessary gender-sensitive measures to identify and socially integrate children, particularly girls who are affected by armed conflict within the framework of the disarmament, demobilization and reintegration process.

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 the RDRC continues to collaborate with MONUSCO, which is in charge of disarming members of armed groups in the DRC, after which MONUSCO shares information with RDRC for the repatriation process of withdrawn children. Returnees are thus given national identity cards; enrolled in formal education and in various vocational skills; assisted to set up income-generating activities; enrolled in the National health care scheme known as mutuelle de santé; and given access to their land. The Government indicates that the Rwanda Demobilization and Reintegration Commission (RDRC) has so far demobilized 985 former child soldiers, including two girls (CRC/C/RWA/RQ/5-6, para. 190). The Committee encourages the Government to continue its efforts and its collaboration with the MONUSCO in order remove children under 18 from the armed groups and ensure they receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever appropriate. It requests the Government to supply information on the results achieved in its next report, as well as the latest annual report of the RDRC.

Clause (d). Children at special risk. 1. HIV/AIDS orphans and other vulnerable children (OVCs). Following its previous comments, the Committee takes note of the Government’s statement that it is devoted to continuing to support HIV/AIDS orphans and OVCs in all spheres of life, which will ultimately shield them from child labour and other abuse. The Government indicates that, under the OVC program, partners have continued to implement case management models, whereby programme beneficiaries are provided with a broad range of services in accordance with their needs as identified in their household and individual care plans. The services offered to OVCs include: (i) care and support for people living with HIV; (ii) household economic strengthening actions (loans and savings groups, cooperatives, (iii) income generating activities or conditional household grants, as appropriate); (iv) work readiness education for youth to prepare them for employment and business opportunities; and (v) education support (primary and secondary school and market-based technical and vocational education and training – TVET). Other support provided to OVCs includes early childhood development (ECD) services for children under six years of age and their caregivers; child protection; home visits and linkages to other forms of support; and health promotion services, including referrals to health-related services that respond to beneficiaries’ unique needs in health, food security, nutrition, and water, sanitation and hygiene (WASH), gender-based violence (GBV) prevention and response, and HIV prevention and care. As appropriate, beneficiaries and community caregivers also received psychosocial support services and family planning messaging.

The Committee notes, however, that according to the 2020 estimates of UNAIDS, there are about 90,000 orphans aged 0 to 17 due to HIV/AIDS, compared with 70,000 in 2015. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee once again encourages the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are protected from the worst forms of child labour.The Committee once again requests the Government to provide information on the results achieved in this regard in terms of number of OVCs who have benefited from these efforts.

2. Refugee children. Previously taking note of the increase in cases of child victims of trafficking, particularly refugee children, to the other East African countries and other destinations where they were exposed to forced agricultural and industrial labour, domestic work and prostitution, the Committee requested the Government to take effective and time-bound measures to protect refugee children, especially girls, from the worst forms of child labour.

The Committee notes the Government’s information that the Ministry in charge of Emergency Management has put in place mechanisms to prevent human trafficking and child labour in all refugee settings. In all refugee camps, there are specific implementing partners that closely ensure day-today prevention and mitigation of child labour and trafficking. They work closely with security organs whenever there is a suspect case to proactively anticipate and handle it in due course. The Government indicates that, so far, no case of child trafficking was identified in any refugee camp, but that awareness campaigns are regularly taking place within refugee settings and surrounding host communities.

The Committee notes that, in its concluding observations of 21 October 2021, the CMW, while noting the efforts of Rwanda to combat trafficking in persons, expresses concern about the limited knowledge about trafficking in persons in the country, including among local leaders, teachers, young people, the border community, refugees, implementing partners in refugee camps and the community in general (CMW/C/RWA/CO/2, para. 53). The Committee therefore requests the Government to continue its efforts to ensure that refugee children, particularly girls, are protected from the worst forms of child labour, including through intensified awareness-raising. The Committee requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.