Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy on child labour. Following its previous comments, the Committee notes that the draft National Five-Year Action Plan for the Elimination of Child Labour of 2007 has been communicated by the Government with its report. The necessity for a concerted national action plan was raised considering that there have not been punctual activities in the domain of child labour such as the search for qualitative data, and that interventions which had taken place had only reached some 300 child labourers. In this regard, the Committee notes that, according to the Action Plan, child labourers in Rwanda are involved, among other things, in household work, work in industrial crops, cattle keeping, work as porters or garbage collectors and fetching and selling firewood. It notes that the Action Plan aims notably to eliminate child labour by advocating the following strategies: (a) conduct awareness-raising campaigns; (b) encourage the respect for the Labour Code; (c) improve child labour conditions; (d) devise alternative solutions to child labour; (e) enhance educational and school catch-up system; and (f) carry out detailed studies on the scope and reasons behind child labour. The Committee expresses the hope that the draft National Five-Year Action Plan for the Elimination of Child Labour will be adopted in the very near future and requests the Government to keep it informed of any progress in this regard.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee had noted that section 2 of the Labour Code defines the term “worker” as any person who has undertaken to place his or her occupational activity, in exchange for remuneration, under the direction and authority of another individual or entity, whether public or private. The Committee had reminded 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. The Committee notes that, according to the National Five-Year Action Plan for the Elimination of Child Labour, child labourers in Rwanda mostly work as independent workers. Those who work as permanent salaried workers only represent 4.6 per cent of the total number of child labourers (352,550), and occasional workers represent 5.8 per cent. The Committee points out that children who carry out an economic activity without a contractual employment relationship, particularly on their own account or as a part of a survival strategy, must enjoy the protection afforded by the Convention. In this context, the Committee notes the several measures indicated by the Government in its report to ensure that children carrying out an economic activity on their own account enjoy the protection offered by the Convention. These measures include sensitizing of different actors, harmonizing the national laws with international conventions and giving greater capacity building to labour inspectors in order for them to fulfil their obligations inspecting child labour and its worst forms. The Committee would be grateful if the Government would adopt the planned measures as soon as possible to adapt and strengthen the inspection services in relation to child labour. It also requests the Government to provide information on the progress made by Rwanda in the harmonization of its national law with international convention, with regard to the effective protection of self‑employed children.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that the school leaving age was 13 years, whereas the minimum age specified by Rwanda for admission to employment or work was 14 years. The Committee notes the Government’s information that a July 2003 policy made by the education sector aims to progressively increase the years of compulsory schooling from 6 to 9 years, starting at the age of 7 years. Consequently, the age of completion of compulsory schooling would increase from 13 years to 16 years. Considering, however, that on ratifying the Convention, the Government specified a minimum age of admission to work of 14 years, the Committee observes that should the age of compulsory schooling be raised to 16 years, the minimum age of admission to work will be lower (14) than the age of completion of compulsory education (16). The Committee is of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, and report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure that the minimum age for admission to employment is not lower than the age of completion of compulsory education. The Committee requests the Government to provide information on the ongoing education system reforms and to keep it informed of any new developments in this regard.

Article 3, paragraphs 1 and 3. Age of admission to hazardous work. The Committee notes that the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age has been communicated by the Government along with its report under Convention No. 123. According to sections 1 and 2(d) of this draft ministerial order, it is prohibited for children under 18 years of age to be employed in hazardous work. However, the Committee notes that the Government avails itself of the exception permitted under Article 3, paragraph 3, of the Convention, and that, by virtue of section 12 of the ministerial order, children aged 16 can be employed in certain types of hazardous work, which are listed in Chapter 3 of the order, on the condition that the health, safety and morals of the young persons concerned are protected and that they have received adequate and specific instruction or vocational training in the relevant branch of activity. The Committee expresses the hope that the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age will be adopted in the near future and requests the Government to keep it informed on the progress made in this regard.

Paragraph 2. Determination of types of hazardous work. Following its previous comments, the Committee notes with interest that section 3 of the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age contains an extensive list of types of work which are considered dangerous and are therefore prohibited for children under 18 years of age. Furthermore, Chapter 2 of the order provides a list of two categories of enterprises where children under 18 years of age are forbidden to work: (1) enterprises which constitute a threat to the morals of children; and (2) enterprises which contain severe risks to the health and security of children. The Committee takes due note of this information.

Article 8. Artistic performances. With reference to its previous comments, the Committee notes the Government’s information that a ministerial order regulating the participation of children in artistic performances is in progress within the Ministry of Sports and Culture. The Committee expresses the hope that the employers’ and workers’ organizations have been duly consulted in the elaboration of the draft ministerial order and requests the Government to provide a copy of this order as soon as it has been adopted.

Article 9, paragraph 3. Employers’ registers. The Committee notes that section 2 of Ministerial Order No. 07/19 of 14 March 2003 on the employers’ registers specifies that the employers’ register contains three instalments, the first of which contains the worker’s identity. The Committee further notes that section 35 of the draft ministerial order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age mentions that employers must indicate, in the first instalment of their register, the name, date of birth and type of work performed by each worker who is under 18 years of age. The Committee expresses the hope that the abovementioned draft ministerial order will be adopted in the very near future and requests the Government to keep it informed of any progress in that regard.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the draft National Five-Year Action Plan for the Elimination of Child Labour, 352,550 children aged 5 to 17 are said to be workers: 166,245 (47.2 per cent) boys and 186,305 (52.8 per cent) girls. Among these children, 83.1 per cent work in the sector of agriculture and forestry, 11.9 per cent in domestic aid work, 1.2 per cent in trade and 0.7 per cent in factories. Furthermore, the Committee notes that 23,730 of these children are 6 to 9 years old and 93,980 are 10 to 14 years old. It also observes that only 42,957 children work in urban settings, compared to 309,593 in rural areas.

The Committee also notes the implementation, in 2006, of an ILO/IPEC project to enhance national capacity in child labour data collection, analysis and dissemination through technical assistance to surveys, research and training, which forms part of the broader ILO/IPEC/SIMPOC strategy of using information to mobilize and inform action against child labour and to use the collected data in the design of policies and programmes addressing child labour. The Committee notes that, in this regard, a National Child Labour Survey (NCLS), co-funded by UNICEF, is currently being conducted in Rwanda by the National Institute of Statistics, to respond to continuing information and capacity-building needs.

Considering the importance of the problem of child labour in Rwanda, the Committee invites the Government to pursue its efforts to improve matters progressively. It asks the Government to continue providing information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young people, extracts of inspection reports and data on the number and nature of contraventions reported. The Committee also requests the Government to keep it informed of the progress made in regard to the NCLS and to supply a copy of the results once they have been finalized.