Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 123) sur l'âge minimum (travaux souterrains), 1965 - Rwanda (Ratification: 1970)

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.