Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 138) sur l'âge minimum, 1973 - Rwanda (Ratification: 1981)

Article 1 of the Convention and Part V of the report form. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted the implementation of an ILO–IPEC project to enhance national capacity in child labour data collection, analysis and dissemination, as part of a broader strategy to use the collected data in the design of policies and programmes addressing child labour. The Committee noted that a National Child Labour Survey (NCLS), was being conducted in Rwanda by the National Institute of Statistics. The Committee also noted that a draft National Five-Year Action Plan for the Elimination of Child Labour (NAP) was completed in 2007. The Committee expressed the hope that the draft NAP would be adopted in the near future.

The Committee notes the Government’s statement that the NAP is still in draft form. The Committee also notes the information from the NCLS of 2008, that approximately 6.1 per cent of children between the ages of 5 and 14 (approximately 142,570 children) are involved in economic activity. The NCLS also indicates that the majority of these children (4.9 per cent of children in the age group) combine both school and economic activity. The NCLS further indicates that more boys than girls are involved in economic activity, and that the overwhelming majority of working children (85 per cent) are in the agricultural sector. Noting that a significant number of children are engaged in economic activity in Rwanda, the Committee urges the Government to take the necessary measures to ensure the adoption and implementation of the NAP in the near future. The Committee requests the Government to provide information on progress made in this regard, and on the results achieved.

Article 2(1). Scope of application. 1. Children working in the informal sector and self-employed children. The Committee previously noted that the Labour Code did not apply to self-employed and unpaid workers. It also noted that child labourers in Rwanda mostly worked as independent workers. The Committee recalled that children working on their own account must enjoy the protection afforded by the Convention, and noted that the NAP included some measures in this respect, such as strengthening the capacity of labour inspectors with regard to child labour.

The Committee notes the information in the Government’s report that, as the NAP has yet to be adopted, such measures have not been implemented. However, the Committee notes the information from the NCLS of 2008, that 15 per cent of children between the ages of 5 and 14 who are engaged in economic activity are self-employed. The Committee also notes that the Law Regulating Labour (2009) appears to exclude children working in the informal sector and children working on a self-employed basis from its scope of application: section 3(3) (on the scope of application) states that the Law does not apply to the informal sector, and section 2 states that the Law applies to labour relations between workers and employers. The Committee therefore observes that children working in these sectors do not benefit from the prohibition on child labour set forth in the Law Regulating Labour (2009). In this regard, the Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. Therefore, the Committee urges the Government to take the necessary measures to implement initiatives, within the framework of the NAP, to provide the protection of the Convention to children working in the informal sector and on a self-employed basis. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate in this regard, and on the results achieved.

2. Family enterprises. Following its previous comments, the Committee notes that section 1(49) of the Law Regulating Labour (2009) defines family labour as every work carried out by the husband or wife, ascendants, descendants and wards in the agricultural, breeding, commercial and industrial sectors for the benefit of the family. The Committee notes with interest that section 3(2) of the Law Regulating Labour (2009) states that while family enterprises are generally excluded from the Law’s scope of application, the provisions relating to child labour do apply in the context of family enterprises. In this regard, the Committee notes the information from the NCLS of 2008, that 72 per cent of children engaged in economic activity are unpaid family workers. Observing the high proportion of working children engaged in family enterprises, the Committee requests the Government to provide information on the application in practice of the child labour provisions in the Law Regulating Labour (2009) to family enterprises.

Article 2(2). Raising the initially specified minimum age for admission to work. The Committee notes the information in the Government’s report that the Law Regulating Labour was adopted on 27 May 2009. It also notes that section 4 of the Law Regulating Labour (2009) states that it is prohibited to employ a child in any company, even as apprentice, before the age of 16. Observing that, upon ratification the Government specified the minimum age of 14 years, the Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. This allows the age fixed by the national legislation to be harmonized with that provided for at the international level.

Article 2(3). Age of completion of compulsory schooling.  The Committee previously noted that the Government intended to progressively increase the number of years of compulsory schooling from six to nine years, thereby raising the age of school completion to 16 years of age. The Committee reminded the Government that compulsory education is one of the most effective means of combating child labour and emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education.

The Committee notes the Government’s indication that a system of nine years of compulsory education is now in force. The Committee notes that, as children start school at the age of 7, the age of completion of schooling is now 16 years, in line with the new minimum age for admission to work specified in the Law Regulating Labour (2009). The Committee requests the Government to provide information on whether the extension of the duration of compulsory education from six to nine years is contained in national regulations or legislation. If so, the Committee requests the Government to provide a copy of the relevant legislation with its next report.

Article 3(1). Minimum age for admission to hazardous work. Following its previous comments, the Committee notes with interest that section 6 of the Law Regulating Labour (2009) specifies that children (defined in section 1(45) as all persons under 18 years of age) shall only be subject to the work which is proportionate to their capacity, and that children cannot be employed in nocturnal, laborious, unsanitary work or services that are dangerous to their health as well as their education and morality. Pursuant to section 72 of the Law Regulating Labour (2009), it is prohibited to engage a person under 18 in, inter alia, work which is likely to harm the health, safety or morals of a child. Section 73 of the Law Regulating Labour (2009) states that the Minister in charge of labour will issue an order determining these types of prohibited works.

Article 3(2). Determination of hazardous work. The Committee notes the draft ministerial order (included with the Government’s report) determining the list of the worst forms of child labour, their nature and categories of institutions that may not employ children. This draft ministerial order contains an extensive list of hazardous types of work, including: underground work; work in the drainage of marshlands; work in unhygienic places; work with high temperatures, noises and vibration; work related to demolition; work carried out using machines or other dangerous materials; work involving the lifting of heavy loads; fishing on boats; domestic work outside of the family; construction work; and the driving of heavy machines. The draft ministerial order also contains a list of categories of institutions that are not permitted to employ children. The Committee notes the indication in the Government’s report that this ministerial order has been adopted by the Cabinet. The Committee requests a copy of this ministerial order, as adopted, with the Government’s next report.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that a ministerial order regulating the participation of children in artistic performances is in progress within the Ministry of Sports and Culture. It expressed the hope that the employers’ and workers’ organizations would be duly consulted in the elaboration of the draft ministerial order. Noting the Government’s indication that this order is still in progress, the Committee requests the Government to provide a copy of this order as soon as it is adopted.

Article 9(3). Register of employment. Following its previous comments, the Committee notes that section 165 of the Law Regulating Labour (2009) states that employers must keep a register of workers, and that section 166 states that the Minister shall determine the nature of this register. In this regard, the Committee notes the Government’s statement that a ministerial order was adopted on this subject. The Committee also notes the draft ministerial order (submitted with the Government’s report) on “determining the modalities of the declaration of the enterprise, workers and the nature of employer register”. Section 6 of this draft ministerial order specifies that every employer shall have a register of employment, and that this register shall be kept at the place of work. The Committee further notes that Annex II of this draft ministerial order contains a model for the employer’s register, which includes the employee’s name, date of birth and the date of their work contract. The Committee requests the Government to provide a copy of the final ministerial order on determining the modalities of declaration of the enterprise, workers and nature of employer register, as adopted.