Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Abolition of Forced Labour Convention, 1957 (No. 105) - Rwanda (Ratification: 1962)

The Committee notes the Government's report as well as the copy of the Act annexed thereto.

Article 1(a) of the Convention. In its previous comments, the Committee had noted that Order No. RV111/29, regarding demonstrations in the streets and public meetings, establishes under its section 8, that any person who has organized or participated in an unauthorized demonstration or meeting shall be liable to penal servitude including, by virtue of sections 39 of the Penal Code and 40 of Order No. 111/127 of 30 May 1961, regarding prison organization, compulsory labour.

The Government had previously indicated that the provision in question had been repealed by Act No. 33/91 of 5 August 1991. Having noted this Act, the Committee observes with regret that, under section 9, prison sentences involving forced labour are still provided for in cases where persons organize a demonstration or an assembly without giving prior notice or obtaining the authorization of the authorities. It also notes with regret the information contained in the Government's latest report that "persons who express certain political opinions or display ideological opposition to the established political, social or economic order, may incur penalties of forced or compulsory labour under the provisions of Act No. 33/91 of 5 August 1991 respecting demonstrations in the street and public meetings, without prejudice to the provisions of the Penal Code, and in particular sections 166 and 167".

Referring to the explanations provided in paragraphs 133-140 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that, where penalties involving compulsory labour are used to enforce a prohibition to express views or opposition to the established political, social or economic system (above all where there is no incitement to violence or use of violent methods), this is not in conformity with the Convention, whether such prohibition is imposed directly by law or by a discretionary administrative decision.

The Committee urges the Government to take the measures necessary to ensure that persons who hold or express - by means or methods that neither use violence nor incite to violence - an opinion opposed to the established political, social or economic system do not incur sentences involving penalties in contravention to the Convention. It requests the Government to provide information on the measures taken or envisaged in this regard.