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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Rwanda (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that section 19 of Act No. 27/2001 states that military service is prohibited for young persons under 18 years of age and that section 5 of Presidential Order No. 72/01 provides that persons must be at least 18 years of age to be admitted to the Rwandan defence forces. The Committee also noted that the draft Ministerial Order determining the list of the worst forms of child labour, their nature, and categories of institutions that may not employ children (Ministerial Order on the Worst Forms) provides that it is prohibited to recruit children into the army or paramilitary organizations.

The Committee notes the Government’s statement that the Ministerial Order on the Worst Forms was adopted by the Cabinet. The Committee also notes that section 72 of the Law Regulating Labour (adopted on 27 May 2009) prohibits involving any person under the age of 18 in the worst forms of child labour, which, pursuant to section 72(5) includes using children in conflicts and war. Observing that the copy of the Ministerial Order on the Worst Forms submitted with the Government’s report is in draft form, the Committee requests the Government to provide a final version of the Ministerial Order on the Worst Forms, as adopted.

Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee noted that the scope of the Labour Code is limited to persons working under contractual employment relations and did not apply to children working on their own account. Noting the Government’s indication that it was taking measures to harmonize national laws with international conventions, the Committee requested the Government to provide information on the progress made in adopting legislation, which ensures the protection of self-employed children from hazardous work.

The Committee notes an absence of information in the Government’s report on the possibility of adopting legislation on this subject. In this regard, the Committee notes that the Law Regulating Labour (2009), pursuant to section 171, repeals the Labour Code. However, the Committee observes that although the Law Regulating Labour (2009), pursuant to section 72(8) prohibits engaging children under 18 in work that is likely to harm their health, this legislation does not appear to cover children working in the informal sector or on a self-employed basis. Section 3(3) of the Law Regulating Labour (2009) (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. Therefore, the Committee once again requests the Government to provide information on the measures taken to ensure that self-employed children, and those working in the informal economy, are protected against hazardous types of work.

Article 5. Monitoring mechanisms. 1. Police for juveniles. In its previous comments, the Committee noted the Government’s indication that it was planning to create a police force for juveniles to monitor the implementation of the penal provisions, such as those concerning prostitution, pornography and illicit activities.

The Committee notes the Government’s indication that the police force for juveniles has been established, and that it deals with abuses against children, harassment, violence and sexual harassment. The Committee requests the Government to provide information on the activities of the police force for juveniles related to combating the worst forms of child labour, including the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2. Child soldiers. In its previous comments, the Committee noted the lack of monitoring mechanisms relating to the recruitment of children in armed conflict in Rwanda, and noted that child protection actors in North and South Kivu Provinces continued to register cases of child abduction and recruitment by the “Forces démocratiques de libération du Rwanda”. The Committee requested the Government to take measures to ensure that young persons under 18 years of age were not forcibly recruited into armed groups, and requested information on measures taken in this regard.

The Committee notes the Government’s statement that there are no child soldiers in Rwanda, in addition to the detailed information in the Government’s report concerning the measures implemented within the framework of the Rwanda Demobilisation and Reintegration Programme (RDRP). The Committee also notes the information in the Report of the UN Secretary-General on Children and Armed Conflict of 21 December 2007, that beginning in January 2007, there was a surge in the recruitment and use of Congolese and Rwandan children in armed conflict in North Kivu from refugee camps and communities in Rwanda (A/62/609–S/2007/757, paragraph 7). The Committee further notes the information in this report that following this series of recruitments from refugee camps, Government authorities collaborated with the Office of the High Commissioner for Refugees (UNHCR) to establish mechanisms for improved child protection in refugee camps and improved control of children’s exit from these camps (A/62/609–S/2007/757, paragraph 40). In this regard, the Committee notes with interest the statement in a report on trafficking in persons in Rwanda of 14 June 2010 (Trafficking Report), available on the UNHCR website (www.unhcr.org), that by 2009, it appeared that the recruitment of children from Rwanda-based refugee camps and nearby towns (for forced labour and soldiering in the Democratic Republic of the Congo (DRC)) had stopped.

Article 6. Programmes of action. Action Plan for the Elimination of Child Labour. The Committee previously noted that the draft National Five-Year Action Plan for the Elimination of Child Labour of August 2007 (NAP) contained a focus on the worst forms of child labour. The Committee requested a copy of the NAP, once it was adopted.

The Committee notes the Government’s statement that the NAP is still in draft form. The Government indicates that it is awaiting the completion of a survey on child labour, so that this statistical information can be incorporated into the final version of the NAP. Nevertheless, the Committee also notes the Government’s statement that aspects of the NAP are being implemented. The Committee encourages the Government to take the necessary measures to ensure the completion, adoption and implementation of the NAP in the near future. It requests the Government to provide information on the impact of the measures taken, within the framework of the NAP, to combat and eliminate the worst forms of child labour.

Article 7(1). Penalties. In its previous comments, the Committee requested the Government to take measures to establish penalties which make it possible to prosecute persons who recruit persons under 18 for use in armed conflict or for hazardous types of work. In this regard, the Committee noted that the draft Ministerial Order on the Worst Forms provided for penalties in the case of violation of its provisions (which included provisions prohibiting the use of children in both hazardous work and armed conflict). The Committee expressed the hope that this draft would soon be adopted.

The Committee notes that the updated draft Ministerial Order on the Worst Forms (submitted with the Government’s report) does not contain provisions for penalties in the case of violations of the Order’s provisions, unlike the earlier draft sent by the Government. The Committee also notes the Government’s indication that this Ministerial Order on the Worst Forms has been adopted. The Committee therefore requests the Government to indicate the regulation or legislation which establishes penalties for persons who recruit persons under 18 for use in armed conflict or for hazardous work. If no such provisions exist, the Committee requests the Government to take the necessary measures, as a matter of urgency, to ensure the establishment of sufficiently effective and dissuasive penalties for these offences.

Article 7(2). Clause (b). Effective and time-bound measures. Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Child soldiers. The Committee previously noted that there were approximately 3,000 demobilized ex-child soldiers in Rwanda, including 500 originating from Rwandese armed groups in DRC territory. The Committee also noted that the Rwanda Demobilization and Reintegration Commission was responsible for reintegrating children affected by armed conflict through the RDRP. Noting the significant number of former child soldiers who had not yet been rehabilitated, the Committee requested the Government to redouble its efforts in this respect, and to provide information on the results achieved.

The Committee notes the detailed information in the Government’s report concerning the services offered to former child combatants through the RDRP. The Government’s report indicates that these services include rehabilitation, family tracing, family mediation, reunification, the provision of a take-home kit (consisting of items of basic necessity) and reintegration support (including formal education, vocational training, income-generation assistance and life-skills training). The Committee also notes that in 2007, 62 children received these services, in 2008, 11 children received these services and in 2009, 57 children received these services. The Committee further notes the Government’s indication that 36 former child combatants are currently in a rehabilitation centre. The Government states that stage III of the RDRP plans to help 3,300 child ex-combatants demobilize and reintegrate.

The Committee notes the statement in the Report of the Secretary-General on Children and Armed Conflict in the DRC of 10 November 2008 that, in some instances, former child-soldiers repatriated to Rwanda returned to the DRC, claiming to child protection partners that they had faced ostracism and threats upon their return to their communities (S/2008/693, paragraph 91). Therefore, taking due note of the measures taken to provide rehabilitative services to former child soldiers, the Committee requests the Government to strengthen its efforts to ensure that victims of this worst form of child labour receive appropriate assistance with social re-integration. The Committee requests the Government to provide information on measures taken in this regard, within the framework of the implementation of stage III of the RDRP.

2. Commercial sexual exploitation. In its previous comments, the Committee noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations of July 2004 (CRC/C/15/Add.234, paragraph 16), about the increasing number of child victims of sexual exploitation, including prostitution and pornography, especially among girls, orphans and other disadvantaged children. The Committee noted that both the National Policy for Orphans and Other Vulnerable Children (NPA OVC) and the NAP included measures to help child victims of commercial sexual exploitation, and requested the Government to provide information on the impact of these initiatives.

The Committee notes the Government’s statement that it continues its efforts to protect child victims of commercial sexual exploitation, although an assessment on the impact of these efforts has yet to be undertaken. The Committee also notes the information in the NAP that the areas most affected by child prostitution are the Ginsuzu and Rusizi districts in the Western Province, the Musanze District in the Northern Province and the Gikondo, Nyamirambo, Remera and Muhima areas in Kigali city. The Committee further notes the indication in a report on the worst forms of child labour of 10 September 2009, available on the UNHCR website (www.unhcr.org) (WFCL Report) that the Government’s National AIDS Control Commission launched a project to provide income-generating assistance to teenage mothers, in an effort to prevent them from entering prostitution. The WFCL Report also indicates that, in an effort to combat child prostitution, the Rwandan National Police issued warnings to hotel owners against allowing underage girls to frequent these establishments.

However, the Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of the 8 September 2009, expressed concern at the criminalization of women and girls involved in prostitution (CEDAW/C/RWA/CO/6, paragraph 27). In this regard, the Committee also notes that the UN Human Rights Committee, in its concluding observations of 7 May 2009, expressed concern that authorities in Kigali often arrest people belonging to vulnerable groups, including street children and sex workers, on the grounds of vagrancy, who are then held in detention (in very poor material conditions) without any charges being brought (CCPR/C/RWA/CO/3, paragraph 16). The Committee expresses its concern at the criminalization of child victims of commercial sexual exploitation and strongly encourages the Government to take the necessary measures to ensure that child victims of commercial exploitation are treated as victims rather than offenders. In this regard, the Committee requests the Government to take measures to ensure that persons under 18 who are used, procured or offered for the purpose of prostitution have access to appropriate services for their rehabilitation and social re-integration and further requests it to provide information on measures taken in this regard.

Clause (d). Children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted the UNAIDS information that there were approximately 210,000 orphans due to HIV/AIDS in Rwanda. It noted that the NPA OVC of 2006–11, contained several measures to protect OVCs from the worst forms of child labour, as well as integration assistance to OVCs. The Committee requested information on the impact of the NPA OVC with regard to the worst forms of child labour.

The Committee notes the information in the Government’s report that an impact assessment of the implementation of the NPA OVC has yet to be conducted. The Committee also notes the Government’s indication in its Country Progress Report to UNGASS of March 2010 (UNGASS Report) that OVC funding rose from US$9.3 million in 2007 to US$12.8 million in 2008 (page 25). However, the UNGASS Report also states that while programmes for OVC support have been scaled up in recent years, these programmes remain far from covering the needs of even the most vulnerable children, and that access to even a minimum package of services is limited. The UNGASS Report further indicates that that only 12.6 per cent of households of OVCs (between the ages of 0 and 17) receive one of the types of OVC support offered (such as health, educational or psychosocial support). Lastly, the UNGASS Report indicates that orphans remain more vulnerable in the education system: while 91 per cent of non-orphans aged 10–14 attend school, just 74.6 per cent of orphans do so (page 40). The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore requests that the Government strengthen its efforts, within the framework of the NPA OVC, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. The Committee requests the Government to continue providing information on the concrete measures taken in this regard.

Clause (e). Special situation of girls. The Committee previously noted the establishment of the National Women’s Council, and requested the Government to provide information on the Council’s activities related to the prevention of girls’ involvement in the worst forms of child labour.

The Committee notes the Government’s statement that an assessment of the impact of the National Women’s Council will be conducted in the near future and that this information will be sent to the Committee. The Committee also notes the information in the UN Development and Assistance Framework for Rwanda for 2008–12 that the Ministry of Education has developed a policy on Girls’ Education (page 15). In this regard, the Committee notes that CEDAW, in its concluding observations of 8 September 2009, expressed concern at the low enrolment rate of girls in secondary and higher education and at the high dropout rate of girls (CEDAW/C/RWA/CO/6, paragraph 31). Recalling that education is one of the most effective ways to prevent the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts, within the framework of the Ministry of Education’s policy on Girls’ Education, to raise the enrolment rates and attendances rates of girls. It requests the Government to provide information on the measures taken in this regard, and the results achieved.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the reports of labour inspectors did not contain information on inspections carried out relating to the worst forms of child labour. It also noted that, due to the shortage of human and material resources, labour inspectors could only cover one-twelfth of the national territory and their inspections did not cover all sectors in which child labour occurs, such as tea plantations. The Committee requested the Government to take measures to ensure that labour inspections include the entirety of national territory, and address the worst forms of child labour. It also requested information on the nature and scope of these worst forms in Rwanda.

The Committee notes the Government’s statement that it will take appropriate measures to ensure that labour inspectors inspect the entirety of the country’s territory, and that the reports of labour inspectors cover the worst forms of child labour. However, the Committee notes an absence of information in the Government’s report on the application of the Convention in practice. In this regard, the Committee notes the information in the Trafficking Report that Rwanda is a source and destination country for child victims of trafficking, for the purposes of forced labour and commercial sexual exploitation. The Trafficking Report indicates that children trafficked for the purpose of forced labour may be engaged in forced agricultural work or involuntary domestic servitude. The Committee also notes the statement in the NAP that children in Rwanda are victims of commercial sexual exploitation, and are used for the purpose of begging. The NAP also indicates that some children are engaged in types of work prohibited by the Ministerial Order on the Worst Forms, such as children in the Northern Province working in mines and in brickwork. In light of this information, the Committee requests the Government to redouble its efforts, within the framework of the NAP, to ensure the protection of persons under 18 years of age from the worst forms of child labour. It also requests the Government to provide information, with its next report, on the application of the Convention in practice, including the nature, extent and trends of the worst forms of child labour and the number of children covered by measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.