Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Minimum Age Convention, 1973 (No. 138) - Rwanda (Ratification: 1981)

The Committee notes the information contained in the Government’s report. It also notes the observation transmitted by the Confederation of Trade Unions of Rwanda (CESTAR), which was forwarded to the Government but which did not make any comments. The Committee requests the Government to indicate the measures which have been adopted so that reports reach CESTAR in time, accompanied by copies of report forms, so that CESTAR can play its full role in the application of Conventions and Recommendations.

Article 2, paragraph 1, of the Convention.  The Committee repeats its previous comments. It requests the Government to indicate the measures which have been taken or are envisaged to ensure that no person under the minimum age laid down (14 years) is admitted to employment or work in any occupation, including self-employment.

Article 2, paragraph 3.  According to the information provided by the Government in its report, by virtue of Act No. 14/1985 (organizing integrated primary, rural and craft education and secondary education), as amended by Act No. 48/91 of 25 October 1991, school is compulsory from seven years of age (or when children have reached their sixth birthday) for six years: compulsory schooling would therefore end at the age of 13. However, section 124 of the Labour Code provides that children cannot be employed in any enterprise, even as apprentices, before the age of 14 years, unless an exemption is issued by the Minister taking into account the specific circumstances of the occupation or situation of such persons. The Committee requests the Government to:

(a)  provide a copy of Act No. 14/1985;

(b)  indicate whether the Minister has issued exemptions to the prohibition from employing children under the age of 14 years; and

(c)  provide information on the measures which have been taken or are envisaged to resolve these differences between the age of completing compulsory school and the minimum age for work, which is set at 15 years by the Convention.

Article 3.  While awaiting the adoption of the new Labour Code, the Committee has been noting for many years that the ministerial order envisaged under section 124 of the Labour Code has not yet been adopted. It recalls that it is essential to clearly define, by means of the envisaged order, the type of work and the categories of enterprises which are prohibited for young persons so that legislative provisions prohibiting hazardous work are applied in practice. It, therefore, requests the Government to continue its endeavours in this respect and to indicate any progress achieved.

Article 7, paragraphs 1 and 3.  The Committee requests the Government to provide information concerning the application of sections 125 and 24 of the Labour Code and on the measures which have been taken or are envisaged to define the scope of the exemptions envisaged by these two sections. Furthermore, the Committee requests the Government to provide information on the application in practice of section 126 of the Labour Code, which provides that young persons may not be maintained in jobs which are recognized as being beyond their strength or prejudicial to their health and that they must be assigned to suitable employment.

Article 8.  The Committee notes that, contrary to the view expressed by the Government, sections 24 and 125 of the Labour Code do not give effect to this Article of the Convention. The Committee, therefore, requests the Government to indicate the measures which have been taken or are envisaged to determine the conditions of employment or work authorized in the event of the participation of children in artistic performances, as required by the Convention.

Article 9, paragraphs 1 and 3, and Part V of the report form.  The Committee notes that the 1998 survey is being continued in four prefectures and requests the Government to provide information on the application of the Convention in practice as soon as it is available. Furthermore, it requests the Government to provide a copy of the employer’s register envisaged in section 168 of the Labour Code.